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Bill against the wishes of hon. Members. There had only been one evening since

the Bill was read a first time that the discussion could have come on, and at that time he and the Law Advisers of the Crown were compelled to be absent. The observation, therefore, of the hon. Gentleman the Member for Maldon was unjustifiable. was the earnest wish of the Government to

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proceed with the Bill, and take the opinion of the House upon it as early as possible. He thought there was great force in the objection to what was called fragmentary discussions, and he was of opinion that very little time was gained by adjourned debates-and besides that, they were very inconvenient. By adjourning the second reading until the 29th, and then taking it the first thing that evening, he hoped they would be able to get through the discussion that night. The Government did not shrink from any discussion of the measure. THE O'DONOGHUE said, he had always believed that Her Majesty's Government were sincerely anxious to press forward this Bill in the hope that it would settle the question. There was a great deal in the Bill that was good, and well worthy of the support of the House; and his reason for supporting the adjournment was that many Irish Members who wished to take part in the discussion had left the House under the impression that the Bill would not come on that night, and it would be impossible that they could have a full and adequate discussion that evening.

MR. GREGORY said, he believed the Government had been anxious to take the discussion on these Bills at an earlier period. Events had, however, occurred which had prevented the Law Officers of the Crown and the noble Lord (Lord Naas) from being in their places, and it was therefore impossible to go on with the Bills. A partial debate on this subject would give the impression that the House was trifling with it, and although it would be rather inconvenient to Irish Members to bring them back on the 29th, he would make no objection to the postponement to that day. It might be impossible, in consequence of the Reform debates, to obtain another night, and he would take care to be in his place on the 29th to move the Amendment of which he had given notice.

Motion agreed to.

Debate adjourned till Monday 29th April.

COURT OF CHANCERY (IRELAND) BILL. (Mr. Solicitor General for Ireland, Mr. Attorney General for Ireland.)

BILL 47.] COMMITTEE,

Bill considered in Committee. [Progress 26th March.]

(In the Committee.)

the Examiners and Clerks to be entitled Clause 40 (On Retirement of Masters, to retiring Pensions of the same Amount as Salary).

THE ATTORNEY GENERAL FOR

IRELAND (Mr. CHATTERTON) moved the insertion of the words " or clerks," making the clause applicable to all clerks, instead of to one only, the object being, by reserv ing the rights to retiring pensions to the present clerks, to induce them to continue in office, rather than to have to make new appointments.

Amendment proposed, in line 27, after the word "clerk, to insert the words "or clerks."—(Mr. Attorney General for Ireland.)

MR. LAWSON objected to the proposed Amendment, on the ground that the clerks were entitled to a more explicit declaration of their rights, if they possessed

any.

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Question put, "That those words be there inserted."

The Committee divided:-Ayes 61; Noes 45: Majority 16.

Clause agreed to.

Clause 41 (Appointment of Office of Second Assistant Registrar of the Court).

GENERAL DUNNE moved an Amendment

to the effect that both of these officers. whose duties were identical, should be paid £1,000 a year, instead of as the clause proposed, £1,200 to the one and £800 (with a prospective increase to £1,000) to the other. He saw no reason why there should be any difference in the emoluments when the duties were the same. He therefore proposed the substitution of " £1,000”’ for £800."

46

second officer was fixed at £800 last year, MR. HUNT said, that the salary of the under arrangements for a gradual increase to £1,000.

MR. MONSELL asked for some explanation of the great difference between the salaries assigned to the two officers.

THE ATTORNEY GENERAL FOR IRELAND (Mr. CHATTERTON) said, that it was proposed to appoint the existing

officers to the new offices created under the | from 88 to 107, both inclusive, should Act, and the apparent discrepancy between either be postponed by the Attorney the two salaries arose out of this circum- General or Progress should be reported.

stance.

MR. HUNT observed, that the proposition was not a new one, it having been made by a previous Government.

MR. MONSELL could not see why any difference should be made between the salaries of two officers whose duties were precisely the same.

MR. HUNT said, it was no uncommon thing to have senior and junior officers, the senior officers having larger salaries than the others.

COLONEL FRENCH observed, that in this case there was no such distinction as senior and junior officers.

Amendment negatived.

MR. O'BEIRNE proposed the addition at the end of the clause of these words

“Whenever a vacancy shall occur in the office of Junior Clerk the Lord Chancellor shall appoint thereto a fit person, who shall have been admitted a solicitor or attorney in one of the Superior Courts in Ireland."

THE ATTORNEY GENERAL FOR IRELAND (Mr. CHATTERTON) objected. MR. O'BEIRNE said, he would bring up his clause on the Report.

Amendment, by leave, withdrawn.
Clause agreed to.

Clauses 42 to 87, inclusive, agreed to.
Clause 88.

SIR COLMAN O'LOGHLEN moved the omission of Clauses 88 to 107, both inclusive. The proposal in the Bill was, that evidence in the Court of Chancery should be taken before the Examiner, in the nature of written questions and answers. What he proposed was, that all evidence should be taken viva voce before the Court, unless differently ordered by the Judge.

THE ATTORNEY GENERAL FOR IRELAND (Mr. CHATTERTON) resisted the Amendment on the ground that it would utterly clog the business in the Chancery Courts. A discretion was left with the

Court to examine witnesses viva voce, if necessary.

SIR COLMAN O'LOGHLEN moved that the Chairman report Progress and ask leave to sit again. The question was an important one, and it had now reached so late an hour that he thought one of two courses should be adopted. The Clauses

THE ATTORNEY GENERAL FOR IRELAND (Mr. CHATTERTON) declined to postpone the clauses, and opposed the Motion for reporting Progress.

the Chairman do report Progress, and Motion made, and Question put, "That ask leave to sit again."-(Sir Colman O' Loghlen.)

The Committee divided:-Ayes 44; Noes 68: Majority 24.

SIR PATRICK O'BRIEN moved that the Chairman leave the Chair.

After a short discussion, Motion negatived.

MR. ESMONDE moved that the Chairmain report Progress.

After a short discussion, Motion negatived.

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RELIGIOUS, &c., BUILDINGS (SITES)
BILL-(No. 68.)

(The Lord Cranworth.)

SECOND READING.

Order of the Day for the Second Reading read.

LORD CRANWORTH, in moving that the Bill be now read the second time, stated that its object was to enable religious and charitable or scientific societies to acquire land for the purposes of their buildings not exceeding two acres in extent without being obliged to comply with the provisions of the Mortmain Act.

THE LORD CHANCELLOR said, he would not oppose the Bill, which, however, seemed very carelessly drawn, and would require considerable amendment in Committee. If it were not amended it would apply to dispositions made by will. He thought also it would be absolutely necessary that all deeds conveying land for such purposes to such societies should be enrolled, and should move a clause to that effect in Committee.

Motion agreed to: Bill read 2o, and committed to a Committee of the Whole House on Tuesday next.

MUTINY BILL.

(The Earl of Longford.)

SECOND READING.

hands of courts martial, and these powers were quite as necessary for the protection of the citizen as for the restraint of the soldier. Law and custom had selected corporal punishment as the mode in which these summary powers should be exercised in preference to carrying into execution sentences of death, which might be the alternative. He did not think it would be judicious at this moment to weaken the authority of those who were responsible for the discipline of the army by abolishing corporal punishment; but their Lordships might rest satisfied that it would only be resorted to when necessity demanded.

Motion agreed to: Bill read 2*, and committed to a Committee of the Whole House on Monday next.

VICE ADMIRALTY COURTS ACT AMENDMENT

BILL [H.L.]

A Bill to extend and amend the Vice Admiralty Courts Act, 1863-Was presented by The LORD CHANCELLOR; read 1a. (No. 71.)

CLERICAL VESTMENTS BILL [H.L.]
Bill, by Leave of the House, withdrawn.

CLERICAL VESTMENTS (NO. 2) BILL [H.L.]

A Bill for better enforcing Uniformity in the Clerical Vestments and Ornaments to be worn by Ministers of the United Church of England and Ireland in the Performance of Public WorshipWas presented by The Earl of SHAFTESBURY; read

Order of the Day for the Second Read-1. (No. 72). ing read.

THE EARL OF LONGFORD, in moving that the Bill be now read the second time, said, that some formal alterations had been made in the Bill at the instance of the Judge Advocate General, which it would not be necessary to detail; but on the 22nd clause, by which the infliction of corporal punishment was governed, considerable discussion had taken place in the other House, and after some contradictory decision, a new clause had been substituted for that contained in the usual annual Bill. The effect would be to limit the infliction of corporal punishment in time of peace to two offences only-mutiny, and insubordination accompanied by personal violence. He should be very glad himself, as everybody else would be, if corporal punishment could be dispensed with altogether. Like capital punishment, it could only be supported as a painful necessity. The preamble of the Bill explained in reasonable language why summary powers should be placed in the

HOUSE

House adjourned at half past Five o'clock, to Monday next, Eleven o'clock

OF COMMONS,

Friday, April 5, 1867. MINUTES.]-NEW WRIT ISSUED-For Middlesex, v. Robert Culling Hanbury, esquire, deceased. WAYS AND MEANS -Resolutions [April 4] reported. PUBLIC BILLS-Resolutions in Committee—National Debt Acts-(£24,000,000) Consolidated Fund.

Ordered-Arrest for Debt (Ireland)*; Education
of the Poor.*

First Reading-Arrest for Debt (Ireland)* [110];
Education of the Poor* [111].

Second Reading-Marine Mutiny; Fortifications
(Provision for Expenses) [104], Debate
Committee-Petty Sessions (Ireland) Act (1851)
adjourned.
Amendment * [87].

Report-Petty Sessions (Ireland) Act
Amendment [87].
Considered as amended-Canada Railway
[99]; Criminal Law * [8].
Third Reading-Canada Railway Loan
Sale and Purchase of Shares [103],
passed.

(1851) | dition of this company to go to arbitration
Loan *
was the only just way of dealing with it.
Unless arbitration took place there would
be hopeless and endless litigation.

[99];
and

LONDON, CHATHAM, AND DOVER

RAILWAY (No. 3) BILL.

Motion made, and Question proposed, "That the Standing Orders of this House, Nos. 18, 38, and 40, be suspended in the case of the Petition for the London, Chatham, and Dover Railway (No. 3) Bill."-(Mr. Thomas Hughes.)

MR. THOMAS HUGHES moved that the Standing Orders of this House, Nos. 18, COLONEL WILSON PATTEN said, that 38, and 40, be suspended in the case of the the company had come before the StandPetition for this Bill. He said, that the ing Orders Committee on the 27th of March Standing Orders Committee had objected without having given due notice to the that the promoters of the Bill, a section of several parties who were interested in the the debenture-holders of this company, had passing of the Bill. It was the duty of not given proper notice to the parties whose that Committee to take care that persons interests this Bill affected; but the cir- who were likely to be affected by the legiscumstances which gave rise to the Bill lation of the House should have in such did not originate until after the proper cases ample notice, and they had in the time for giving such notice had expired. present instance, therefore, come to the The case was one of urgency, and a com- conclusion that they could not, in the abpliance with the Orders ought not to be sence of such notice, recommend the Standinsisted upon. There were twenty-four ing Orders established to secure that object debenture-stocks in this company, twenty-to be dispensed with. The House itself or nine share-stocks, and three special share- the Government, of course, might decide capitals charged on specific funds. The that the case under discussion was one consequence was that every one of these which warranted a departure from that bodies had rights which conflicted more or rule. If the Government thought that less with the rest of them, which made it this was a question worthy of being settled impossible for more than one set to join by a Special Committee to be appointed together in suits for having their rights for the purpose he would offer no opposiestablished. A large number of suits had tion to a proposal to that effect; but the been already instituted of a most expensive Standing Orders Committee were bound description, and many more would be in- to act as they had done, or they would stituted unless the House would think it have lost the confidence of the House. right to allow the present Bill to go before MR. STEPHEN CAVE said, that the the Committee which was sitting upon question was, whether there was any good other Bills relating to the company, and ground for dispensing with the rules of the would find out some way of enabling the House, which ought not to be set aside company to go to compulsory arbitration, without full and sufficient cause shown. for that was the object of the Bill to which The promoters said that non-compliance this Motion referred. The object of the with these rules was not their fault; that Bill was well described in its title to the circumstances which induced them to transfer all litigation respecting the Lon- bring forward this measure did not arise don, Chatham, and Dover Railway Com- before a period at which it was impossible pany, and all matters arising out of the for them so to comply with those rules. It Act constituting and defining the powers seemed to him that this was a strong of the company, and out of the Acts of argument. He quite agreed that the obother companies over whose line the com-ject of Standing Orders was to give full pany's line now runs, to the decision of a tribunal of arbitration which should have special power to prepare a scheme to relieve the company from its present embarrassments. The House was aware that a railway company could not commit an act of bankruptcy in ordinary form, nor could it be wound up in the Court of Chancery. The House, therefore, would admit that to allow a great railway company in the con

notice to all parties whose interests might be affected. This notice, no doubt, had not been given in this case; but the dissentient parties could not be said to be taken at a disadvantage, as they were fully represented. In fact, they had the start, and had their own measure advanced several stages. It was possible, no doubt, for the promoters of this scheme to be heard against the one already before Parliament,

but the Committee could not take cognizance of the alternative scheme unless it was before them, and, if the promoters proved their point, could only reject the first Bill, by which much time would be lost, and the great object of staying ruinous suits unattained. Upon these grounds, while carefully refraining from expressing any opinion on the merits, he could not help thinking on the whole that it would be advisable to let this Bill go before the Committee, and that it would be a harsh measure to reject this Motion. With regard to the proposal of the hon. and gallant Member for North Lancashire (Colonel Wilson Patten), it was, he confessed, one which had often occurred to himself, and which, in his humble opinion, the House should seriously consider. Apart from the weight justly due to the hon. and gallant Member's authority, and without wearying the House with arguments which must suggest themselves to every one, he thought that an exceptional case like this justified and required exceptional treatment. He recommended that both Bills be referred to a Committee to be carefully selected by the House, in order that, if possible, some useful measure might be passed and come into operation at the earliest possible

moment.

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That the Committee have no reason to believe that corrupt practices have extensively prevailed at the last Election for the said County. Report to lie upon the Table.

Minutes of Evidence taken before the Committee to be laid before this House.(Sir Philip Egerton.)

INDIA-CLAIMS ON OUDE.

QUESTION.

MR. BLAKE said, he would beg to ask the Secretary of State for India, with reference to the statement made by his predecessor on the 23rd of July last, that the claims against the late State of Oude, which have been investigated and reported upon by a Commission in India, "were claims of a moral character ;" and to the fact that a notarial Copy of the Bond granted to Captain Thomas Edwards by the Vizier of Oude, as admitted in the Report of the Commission, was produced before it from the archives of the Supreme Court at Calcutta ; What arrangement he proposes to make with a view of coming to a settlement of the amount due under the Bond, in order to carry out the pledge which was given to this House by the President of the Board of Control, on the 12th May 1857, "that all the public and bona fide claims against the State of Oude would be paid out of the revenues of the country."

SIR STAFFORD NORTHCOTE, in reply, said, the Question which had been put by the hon. Gentleman was a peculiar one, and he thought unusually argumentative. The only answer he could give to it was, that this question was considered by his predecessor and his Council on the Report of the Commission to which the Question referred, and that the Report of the Commission had decided that it was not a case in which, from the evidence, there was any claim on the part of the representatives of Captain Edwards against the late State of Oude. His predecessor in Council had approved the Report of that Commission. He need not inform the hon. Member that in matters of finance the Secretary of State had no power to act without the assent of the Council. The matter had not been brought before him officially; but he had looked into the evidence, and he was perfectly disposed to believe that in the form in which it was presented to the Commissioners, and afterwards brought under the notice of his predecessor and Council, the conclusion arrived at was right. But he had been told privately that there was certain evidence not brought before the Commissioners which might have affected their opinions. If

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