The Irish CrisisTrevelyan, Charles E. (Charles Edward)
History
The Irish Crisis
Trevelyan, Charles E. (Charles Edward)
Ireland -- Economic conditions; Ireland -- History -- 1837-1901; Ireland -- History -- Famine, 1845-1852
Her Majesty’s Government being deeply impressed with the importance of
these views, introduced a bill into Parliament in the session of 1847,
the object of which was to enable the owners of encumbered estates in
Ireland to sell the whole or a portion of them, after the circumstances
of each estate had been investigated by a Master in Chancery with a
view to secure the due liquidation of every claim upon it. The sale
was not to take place without the consent of the first incumbrancer,
unless the Court of Chancery should consider the produce sufficient
to pay the principal and all arrears of interest, or unless the owner
or some subsequent incumbrancer should undertake to pay to the first
incumbrancer any deficiency which might exist, and give such security
for the performance of his undertaking as the court might direct. This
bill passed the House of Lords, but was withdrawn in the Commons, owing
to the opposition of some of the Irish proprietors, and to objections
entertained by the great Insurance Companies, who are the principal
lenders on Irish mortgages, to having their investments disturbed. The
failure of the bill was a national misfortune which cannot be too soon
remedied.
The Government, however, did what was in its power. A system has
existed in Ireland since the time of Queen Anne for the registration
of all deeds affecting landed property; and of late years a similar
registration has been established of all judgments relating to that
description of property. The attention of the Lord Lieutenant has been
called to the practicability of diminishing the delay and expense
attending transfers of landed property, by the adoption of two simple
practical measures, viz., that when searches have been made in the
office of the Registrar of Deeds, copies should be recorded in the
office, as well as given to the parties on whose behalf they are made;
and that when judgments, &c., recorded in the office of the Registrar
of Judgments have been satisfied, notice should be immediately sent to
the Registrar, in order that such satisfaction may be recorded in the
books of his office[19]. The consequence of the neglect of the first of
these obvious precautions was, that, after expensive searches had been
made in the Registry Office, the same searches often had to be made
again and again, at the same expense, at the instance of other parties,
however limited the transactions might be for the security of which
these inquiries into past transfers and incumbrances were made; and the
consequence of the neglect of the other precaution was, that if, after
a search had been made through the records deposited in the office of
the Registrar of Judgments, to ascertain whether any judgment had been
passed against the estate, it appeared that any such judgment had been
given, another search had to be made in the courts of law, involving
fresh loss of time and fresh expense, to ascertain whether it had been
satisfied[20].
Public-domain text, read in full here on John Shaqi.
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