§ Order of the Day for the Second Reading, read.
THE LORD CHANCELLOR, in moving that the Bill be now read the second time, stated that its object was to alter the law of Scotland, under which a person who being ill executed an instrument affecting any heritable property, could only hope to have it carried into effect in the event of his surviving its execution by 60 days. This law had doubtless been intended to prevent undue influence being brought to bear upon persons weakened by illness in regard to the disposition of their property; but he apprehended that those other provisions of the law existing in Scotland as well as in England, by which, on proof of undue influence of that kind, deeds might be set aside, was much more satisfactory than this crude arrangement. This Bill, which would place the law on a surer basis by leaving it to others to prove the exercise of improper influence, had, as he was informed, the sanction of the present Lord Advocate and the Lord Advocate of the last Government.
§ LORD COLONSAYpointed out that this law, which had long existed in Scotland, was intended not only to protect the heir-at-law against the influence which might be exercised upon his dying ancestor to induce him to make unfair dispositions of his property in favour of religious communities, charitable institutions, or other relatives, but also to protect the dying man from being disquieted by the importunities of selfish or designing parties. He quoted the opinions of Lord Hardwicke and Lord Eldon in favour of the law, and stated 1076 that, while he thought there were particulars in which the law should undergo alteration, he desired to see the principle of it retained, and hoped that the Bill would be so amended as to afford some protection to absent heirs and dying persons. In Scotland there was no other law of mortmain.
§ THE EARL OF HARROWBYsaid, he thought this a very serious question. The feeling in Scotland was very strong on the subject. The present law protected death-beds from importunities which might otherwise be used, greatly to the injury of relatives, for augmenting the resources of an unendowed church.
VISCOUNT MELVILLEconsidered the law a most beneficial one, and the country was well satisfied with it.
THE LORD CHANCELLORobserved that under the present law a person apparently in articulo mortis, and really desirous of providing for younger children, had no means of doing so unless he recovered from the disease with which he had been stricken, for if he died of that disease within 60 days his testamentary disposition was utterly void; but, as if to show the anomaly of the law, if he recovered from that disease and died of any other disease or by accident the will was good. What uncertainty and litigation must not such a state of the law produce; and was it reasonable or desirable that it should be maintained? He should be happy to consider any clause which the noble and learned Lord (Lord Colonsay) might propose.
§ LORD ROMILLYsuggested that in Committee his noble and learned Friend (Lord Colonsay) should introduce a clause similar to that adjusted in the law relating to successions in India, when the noble Viscount (Viscount Halifax) was Secretary of State, to this effect—that if any person who had relatives, as near as a nephew or niece, made a will in favour of any charity or public institution, and did not enrol it 12 months before his death, the will should be void. He was informed that provision had been attended with considerable success in India, and was very much approved.
§ On Question? "That the Bill be now read 2a" agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House on Friday next.