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persons high in the public ser. Looking, he said, to the allega. vice in India, as to the qualifica- tions of Mr. Hennessy and to the tions of the persons selected for opinion of the Committee, who office in that country by examina had practically reported against tion, and intimated his own the plan of open competition, he opinion, that the plan had not did not find the least ground for been entirely successful hither- his Resolution; and, with respect
to the amendment, he observed Mr. Cochrane moved, as an that the question had been annu. amendment, to substitute this ally examined, and the Governresolution, -"That many of the ment were not prepared to go qualities constituting a good back to simple nomination, or, on public officer-good principles, the other hand, to adopt at pregood habits, sound judgment, sent a system of indiscriminate general intelligence, and energy and open competition. --cannot be tested by any plan Mr. M. Milnes was adverse to of public competition; the intro- a system of open competition, duction, therefore, of such a That of nomination, whatever system into all the departments its faults might be, spread the of the public service would be range of appointments widely very injurious to their efficiency." over the country, and in its general He urged, as an important point results worked satisfactorily; but connected with this question, the by the educational test, the canmanner in which old and meri didates came up, crammed for torious officers would suffer by the examination, from one class their sons losing the advantage of of the people alone. nomination. He re-iterated his Mr. Bentinck contended that objections to the mode of exami- the system did not work well. nation, and to the extension of Mr. Morrison advocated the the system.
appointment to offices by open Lord Stanley said that up to competition, as removing & ferthe present time, he did not think tile source of electoral corrupthe objections to the competitive tion. system had been very formidable. Sir J. Pakington, Sir George He reviewed Mr. Cochrane's ar Lewis, Mr. Clifford, Mr. Newdeguments, to which he replied gate, and other members, conseriatim ; and, with respect to the tinued the discussion, which alleged injustice of applying to ended in the House deciding by the sons of old officers the same & majority of 87 to 66, that the test as to other competitors, he re. question should not be put, Sir marked that he did not see on George Lewis having moved what ground they should enjoy a "the previous question." peculiar privilege. With refer. The measure so often intro. ence to the original motion, he duced and repeatedly postponed gave his reasons for declining to for altering the Law of Highways, assent to the abstract resolution, was brought in the present Sesand to the proposed series of sion to a successful issue. experiinents.
The Secretary of State for the Sir G. Lewis opposed both Home Department, on moving the motion and the amendment. the second reading of the Bill
on the 13th February, forbore, as would not destroy a system which he afterwards stated, to address was theoretically right because it the House in explanation of the had been badly administered, measure, because the principles Even its bad administration was of the Bill were exactly identical to be attributed to the incessant with those of many previously in. onslaughts which had been made troduced measures on the sub- upon it in that House. To set ject.
of men could be expected to in. Mr. Barrow moved as an amend- cur the odium of putting a parish ment, that the Bill be read a to a large expense when they second time that day six months, might every day expect the law to and stated his objections to the be altered. Bill at some length. He opposed Mr. Bass supported the Bill it because it was an unnecessary He said that parish roads were and unwarrantable interference almost always in bad condition, with the right of property, and and he had never yet found & because it was an extension of highway surveyor who understood that principle of centralization his business. and bureaucracy to which the Colonel Barttelot also supportpeople of this country entertained ed the Bill. Powers were given such a deep-rooted antipathy. He under the existing highway law contended that the present sys- to amalgamate parishes, and to tem, under which a parish vestry appoint a paid surveyor, and al. elected a surveyor every year though few districts had availed against whom a summons could themselves of this power, it had be obtained in case of neglect, worked well where it had been accomplished all that could be adopted. wished for. The parish surveyor, Mr. Dodson did not think the under the present system, was Bill involved any such confiscabound to produce his accounts at tion as had been asserted. The the end of the year, the vestry working of the proposed system had power to refuse to allow would rest ultimately with the them, and he was liable to a ratepayers. In fact, it was but penalty for neglect of duty. The extending the principle of the surveyor appointed by the pro- administration of the poor-law to posed district boards was ex- that of the highways. The area pressly relieved from this penalty, of management was merely en. and he looked in vain for any larged from the parish to the disprovision by which the district trict. There were, however, comboards would be compelled to plicated details to be taken into repair. He complained also of consideration, which induced him the short time allowed to members to think the best course would be to consider the Bill. It had not to refer the Bill to a Select Com. been in the hands of members mittee. much more than twenty-four Colonel Wilson Patten, thongh hours, and instead of precise he had opposed similar Bills preprovisions, there were references viously, thought that this mento innumerable Acts of Parlia. sure, when modified by a Select ment.
Committee, would be deserving of Mr. Hodgkinson seconded the support. amendment. He hoped the House Mr. Henley was disposed to
support the Bill, provided that simplify titles, and to facilitate the apportionment of counties into and cheapen the conveyance of districts were left entirely to the land. After long and repeated discretion of the quarter ses- investigations by Commissions sions.
and Committees of Parliament, Sir George Grey answered and almost interminable controsome of the objections which had versy both as to principles and been made to the Bill by pre details, at length, under the ceding speakers. He denied auspices of Lord Chancellor that the Bill would tend to de- Westbury, a measure was proparochialize the country. Even duced which gave hopes to those admitting that roads were paro. who anxiously desired an imchial property, parochial rights proved system of land transfer, were not confiscated. The money that an experiment, at all events, raised within a parish would be would be made in that direction. spent within that parish, with The Lord Chancellor laid his the exception of the small pro- measure, which was entitled “A portion required for the expenses Bill to Facilitate the Transfer of of the district board surveyor and Land," upon the table of the clerk. It had been said that the House of Lords on the 13th of machinery of the board was un. February, giving at the same necessarily cumbrous; but the time a lucid exposition of the Bill would have been liable to difficulties imposed by the prestill greater objections if it had sent state of the law upon sellers authorized the appointment of and purchasers of land, entailing surveyors by the local magistracy, upon them great uncertainty, without the intervention of a body trouble, and expense; and he resting upon the representative traced the causes, both remote system. Ratepayers feared that an and proximate, which had led to increase of expense would result these inconveniences. He de. from the proposed change, but scribed the introduction of the he was convinced that, though doctrine of uses, equitable trusts, there would be some expense in &c., which Parliament had been putting bad roads into a state of hitherto unable to remedy, and efficiency, there would be a great proceeded to consider the best saving in annual repairs.
cure for the present evils, and After some further discussion strongly advocated the registra. the second reading was carried tion of titles, so that when once by a majority of all, the num. investigated they could be at all bers being-Ayes, 141; Noes, 30. times accessible to purchasers. After having undergone some who would thereby be saved modifications, the Bill passed much unnecessary trouble and through both Houses of Parlia. expense. Arguing from the ad. ment aud received the Royal As vantages which had attended the sent.
titles conferred by the Encum. Among the measures of legal bered Estates Act, he proposed reform which were this year car. by the present Bill to provide ried to completion, was one means to obtain a record for rewhich had for its object that gulating future transactions, and which had been long desired, to give a statutory title after cer. but often attempted in vain, to tain preliminary examinations.
He also proposed that, on the great points of difference between purchaser obtaining a special this Bill and that proposed certificate of title to land from in a former Session by Sir H. the registrar, he might deal Cairns was, that it proposed no with the estate on such certifi- new courts for the working of cate, and so avoid the long, cum- the Bill. After some further brous, and difficult process now remarks on the objects and adin vogue. For this purpose a vantages of the measure, he registry of titles should be esta moved that the Bill be read a blished, divided into two parts— first time. the one for guaranteed titles, and Lord St. Leonard's gave his the other for titles not yet gua- assent to the principles of the ranteed, but in process of being Bill, but expressed much doubt so. The advantages to be de. as to the working of its machinery. rived by owners from this plan Lord Cranworth said that he would be-a good title, a record had not been able distinctly to of former investigations for sul- apprehend all the details of the sequent dealings, and provision Lord Chancellor's measure, but of a mode by which all dealings so far as he had understood the might be easily managed, and scheme, it appeared well-deseryland easily transferred. In the ing of attentive consideration. He case, however, of a disputed deed had himself prepared the draft of or title being sent in, the record & Bill having a similar object would be made out in the lan- which he intended to offer to the guage of the will or deed, but consideration of the House. that title would not be statutory Lord Chelmsford also expressuntil the disputed point was de. ed himself favourable to the ob. cided. There would be a third jects and principle of the Lord registry for mortgages and en- Chancellor's measure. He also cumbrances. He then minutely intended to lay two Bills of a entered into the machinery by similar character, which had been which the Bill would be worked, prepared under the late Governand the means adopted, by in- ment of which he was a member, suring publicity, to fence it upon their Lordships' table. with safeguards and precautions The several Bills thus introagainst fraud in registrations of duced were then referred to the title. As to registration, that consideration of a Select Comwas to be entirely voluntary; but mittee. The two which had been if an estate were once placed on introduced by the Lord Chanthe register it could not be taken cellor, having been somewhat off without the consent of all amended by the Committee, were parties interested in the estate. reported to the House, and read The value of registration without a third time on the 5th of May, a guaranteed title would be, that not, however, without some oball subsequent transactions would jections from Lord St. Leonard's, be recorded, with a view to pre. who found fault with the measure paring for the guarantee of the in regard to the expenses it would title by lapse of time. The ma entail on the country, the trouble chinery would be one for regis- it would impose on those who tration alone, and one of the sought to obtain its advantages, and the possible injustice it would The two Bills proposed by inflict on proprietors of adjacent the Government having passed estates who might be abroad through the House of Lords, the during the time prescribed for Solicitor-General moved the showing cause against the title second reading of both mea. to be established. When, too, sures in the House of Comthe title was once registered, so mons, on the 1st of June, exmany registries of different events plaining the reasons for legis. would be required, that a land. lation, and the machinery which owner would need daily visits the Bills proposed to establish from his legal advisers in order in an able and luminous speech. to insure the fulfilment of every He said he believed the House regulation.
and the country were convinced The Lord Chancellor declined that it was a duty incumbent to enter into minute details after upon Parliament to endeavour to the investigation of the Select devise a remedy for the evils Committee into the various mea arising from the complicated sures which had been introduced system of the law of landed proto establish a registration of title. perty. He adverted to some of He showed in what respect this these evils, and to the main points Bill differed and was superior to that should be aimed at in apthe Bills rejected by the Com- plying a remedy, and proceeded mittee, and pointed out how a to explain the manner in which registration of title would be those objects were proposed to accomplished by the present be attained by the Bill. The measure. Many advantages would transfer of land, it had been said, result from such registration, and, should be as simple and easy as when once made, the record the transfer of stock, but he would be a substitute for all ante- showed that there were subcedent parchments, which might stantial distinctions between the then safely be destroyed. He cases, inherent in the nature of defended the system of registra- the two species of property, which tion of every subsequent event destroyed the supposed analogy. after the title had been regis. He examined various suggestions tered; for how could the registry made for reforming this branch be complete unless such trans- of the law, pointing out their actions were recorded : Having defects and the objections to answered the other objections which they were open, comraised by Lord St. Leonard's, he pared with the more effectual expressed his conviction that plan provided in the Bills for the Bill would be of great bene- giving an absolute Parliamentary fit to the owners of land, and title to land, superseding altotrusted that it would be read a gether retrospective investigathird time.
tions, and authorizing simple Lord Kingsdown expressed & forms of transfer. He briefly fear that the Bill placed too much noticed certain arguments urged confidence in the learning and against the Bills, founded, accuracy of the persons who were he thought, upon misappreto conduct the investigation of hension and fallacy. The plan
embodied in the Bills, which