HL Deb 04 March 1897 vol 46 cc1566-8
THE LORD CHANCELLOR (LORD HALSBURY)

, in moving "That this Bill be now read a Second time," said: This Bill is in substance the same as those which have so frequently passed this House. Substantially the same Bill has been read a Second time in the other House without a Division. The only point which seems to require explanation at this stage is why the Bill is not word for word the same as on previous occasions. It may be remembered that the late Government, after passing the Bill through this House, and reading it a Second time in the other House without a Division, referred it to a Select Committee in order (at the request of the solicitors) to take evidence on the subject. The solicitors' evidence was taken; and events afterwards happened which stayed all further proceedings. I have thought it desirable to meet at once the criticisms to which my learned Friend's Bill was subjected by the solicitors before the Select Committee, and I think it will be found that every defect which was pointed out in the existing Land Transfer Act has been removed. The Bill now stands in this position. There is one quarter, and one only, from which opposition to the Measure has been experienced. I have taken the most prompt and unreserved steps to disarm that opposition as far as the system to which the Bill applies is concerned. Only one point remains—namely, the principle of compulsion; not compulsion any longer for a system open to objection, but for a system amended so as to have the approval of the objectors. On that point also I have gone as far as possible. The scheme proposed by the Bill is to proceed by the most gradual steps, and to act in a limited area to begin with, and only to proceed by the light of experience, and after full notice to any district likely to be affected. I cannot but hope that my endeavours to reconcile the only objectors to this Measure will be met in a similar spirit, and that we may not be reduced in another Session to deal with the subject in a controversial manner. We are sometimes charged with want of speed as law reformers, but, in truth, such of us as desire reforms of this kind are often surprised that we cannot obtain more assistance in passing our Measures from the lay classes who are oppressed by the unreformed procedure. I ought not to conclude without calling attention to the Report on the system of land transfer in other countries, which was laid on the Table last Session, and which shows with what ease and success the registration of title is made use of in a large part of the world. At this stage I have no more to say than that the matters contained in the Bill are practically set forth in the memorandum prefixed to the Bill, and to ask your Lordships to give the Bill a Second Beading.

*LORD TURING

said it was now more than 40 years since he was first engaged in land transfer. This Bill would complete the edifice, it would make land transfer easy and feasible, and he trusted the House would read it a Second time. He could not imagine any objection to the Measure. With respect to compulsion, he admitted that some 20 years ago the late Lord Cairns and himself, when preparing a Bill, thought compulsion was not necessary, because they believed that the common sense of landowners would lead them to register. He was aware it was often asked of lawyers why they did not carry land transfer into practical effect, but he assured those who put such a question that no effort had been spared, especially by successive Lord Chancellors, to make the system of land transfer complete and satisfactory. He hoped their Lordships would pass the Bill, which, he was confident, would do more to relieve depressed landlords than those ambitious schemes which were so much talked about and pressed forward. ["Hear, hear!"]

LORD HERSCHELL

said that this was substantially the same Bill that had been introduced on several occasions. He had so often expressed his views upon the subject that he would not do more now than, express the hope that the Bill would ultimately pass into law. ["Hear, hear!"]

THE EARL OF KIMBERLEY

said he was profoundly convinced that there was perhaps nothing more required by owners of land than an efficient system of land transfer. Those who would look at the reports which had come from other countries would find that not only was there a cheap, efficient, and speedy system there, but also that it had been found that no danger had arisen from the Acts. In these circumstances he most sincerely hoped that this Bill, or, at all events, some other efficient Bill, would pass through Parliament.

Read 2a (according to Order), and committed to a Committee of the Whole House.

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