HL Deb 28 March 1895 vol 32 cc319-20

LORD MACNAGHTEN moved the Second Reading of this Bill, remarking that it dealt with a technical point in the law relating to mortgagees, and that its object was to do away with a rule which, he thought, was due to over-refinement on the part of Chancery Judges. In cases of money raised on mortgages a person, had, of course, to pay the costs of the mortgagee for investigating the title and completing the mortgage; but if the mortgagee happened to be a solicitor the Court declared that he was not to receive any remuneration for his labour. The same rule applied after the mortgage was completed. He thought their Lordships would agree that the rule was unreasonable; moreover, it was easily evaded; it was rarely put in force unless there was ill-will between the parties, and it led to more expense than it saved. The House of Commons thought the rule, should be abolished, and had passed the Bill, and he felt confident their Lordships would take a similar view of the matter.


said, he had no objection to the Second Reading of the Bill, but it had been pointed out to him that other professional men than solicitors were unable to obtain their charges when they became mortgagees, and he could see no reason why the Bill should not be extended to them also. He did not know whether his noble and learned Friend had any objection to this extension of the Bill, which, in its title, was not confined to solicitors, but he thought the point was one which deserved consideration in Committee on the measure.


said he would confer with his noble and learned Friend on the question, but he might mention that there was this distinction in the matter—that provision was made for taxing the cost of solicitors which did not apply to other professional men, and solicitors being officers of the Court, it was more easy to deal with the question of costs in their cases than in those of other persons.

Bill read 2a.

House adjourned at Twenty minutes before Five o'clock.