§ Amendments reported according to Order:
LORD ST. LEONARDS moved the following Clause in substitution for Clause 1 struck out in Committee:—
Where a Purchaser for valuable Consideration, or Mortgagee, or his Solicitor or Agent, has not direct Notice of any Act, Fact, Instrument, or Incumbrance affecting the Title to the Property purchased or taken in Mortgage, and with which he is sought to be charged by or through what is termed in Law implied or constructive Notice, that is, Notice or Knowledge of the Act, Fact, Instrument, or Incumbrance with which he is attempted to be charged, and which he would have discovered if he had made diligent and proper Inquiries, founded upon Knowledge which he did possess of some other Act, Fact, Instrument, or Incumbrance affecting the Property, or founded upon imperfect Knowledge which he did possess of the Act, Fact, Instrument, or Incumbrance, with which he is attempted to be charged, or where he has wholly abstained from making any such Inquiry, no such Purchaser or Mortgagee shall be charged with or made liable to any such Act, Fact, Instrument, or Incumbrance, unless the Court before which the Question is raised shall be of opinion that the Conduct of such Purchaser or Mortgagee amounted to Fraud, or unless the Circumstances of the Case are such as to satisfy the Court not only that he might have acquired, but that he ought to have acquired, the Knowledge with which it is sought to affect him.
§ Amendments made.
§ Bill to be read 3a on Thursday next