The Press. — London, England, 1857-05-16 00:00:00

474 consistent with tho spirit of our legislation for the last thirty years. The house divided upon the motion, which was carried by 151 to SS. COURT OF CHANCERY (IRELAND) BILL. Mr. WHITESIDE moved for leava to introduce a bill to make provision for the appointment of Registrars to the Masters ot: the Court of Chancery in Ireland ; also fur the safe custody of title-deeds and documents lodged in the said court; and to amend the practice. Leave was given. Captain MADAN obtained leave to bring in a bill to mend the Grand Juries (Ireland) Act, 1830. MEDICAL PROFESSION BILL. Mr. HEADLAM moved for leave to introduce a bill to alter and amend the laws regulating the medical profession, the object and provisions of which he briefly explained, the bill being in its main pro visions the same as that which had been before the last Parliament. Mr. COWPER observed that the whole subject being in the greatest confusion and in the most anomalous condition, a great number of licensing bodies competing together, and incompetent persons gaining admission into the profession, legislation was called for, and lie thought no one would 'oppose the reintroduction of this bill. Lord EI.O HO did not oppose the motion, but thought it would be a more practical proceeding to take up the bill of the last Parliament as amended in the select committee. If this were not done, he should move fur leave to reintroduce his bill of the last session, which protected the interests of the Universities. Mr. HEADLAM said the bill guarded the rights and interests of all bodies connected with the medi cal profession as well as the interests of the public at large. Leave was given to bring in the bill. HOUSE OF LORDS- THURSDAY. OPIUM MONOPOLY. The LORD CHANCELLOR, in reply to the Earl of Shaftesbury as to what progress ha d been made by the law officers of the Crown in the inquiry into the legality of the opium trade in Indic, said that a case had been drawn up by the legal advisers of the Board of Control, which was about to be submitted to the law officers of the Crown. ADMINISTRATION OF JUSTICE IN INDIA. The Marquis of CLANRICARDE moved for papers relative to the case of Bhawanny Lallah, a native of high caste, who had been imprisoned by Mr. Thomas, a local collector, for seventeen days and eighteen nights, without trial or without committing any offence. Lold GRANVIT.T.E promised to produce the papers if the motion were withdrawn. Lord CAMPBELL gave it, as his opinion that justice was not properly administered in India. The motion was withdrawn and the house ad journed. HOUSE OF COMMONS-TIIIMSDAY. GUANO. Sir C. Woon, in reply to Mr. Baxter, stated that no ship of the royal navy would be definitely engaged in making researches for guano, but that if e►,y facts on that subject came to the knowledge of any naval officer, he was instructed to communicate his in- formation to the Admiralty without delay. EDUCATION. Sir J. PAKINGTON, in answer to Mr. Slaney, said he did not intend to move for leave to introduce any education bill this session, because he thought it quite useless fur any independent member to attempt to legislate on the subject at this season of the year. He begged, however, to give notice that lie intended, during the session, to call the attention of the house to the present state and prospects of popular educa tion in England, and to move a resolution on the subject. PROPERTY OF MARRIED WOMEN. Sir E. PERRY moved for leave to bring in a bill to amend the law of property as it affects married women and their separate earnings, observing that it was intended to apply a practical remedy for a grievance complained ot—a wife by the common law of England having no property whatever. He admitted the difficulty of legislating wisely upon this subject; the only effectual remedy was, as he proposed, to leave to husband and wife the entire enjoyment of their respective property so far as it was not affected by setilement before marriage ; and it followed that, with the rights of property, all lia bilities should accrue. Mr. DRUMMOND seconded the motion. The ATTORNEY GENERAL observed, - in reply, that when a marriage took place between a man and woman possessed of real estate, the law gave to the husband not the unqualified property in real estate, but aright to the rents and profits during coverture ; and t o make an effectual alienation he must obtain the ponsent of his wife TILE PRESS. The operation of the law was, however, absurd. If a woman when she married had a real estate of 5001. a year, this did not necessarily go to the husband, but if she had 0,000/. in the funds, the stock was transferred to him. He should, therefore, by no means be indisposed to let the dividends from stock be settled by the marriage contrict on the wife, and to apply to that case the same safeguards that applied to real property, unless, indeed, the wife should, after marriage, consent to the transfer of her per sonal property to her husband. He would make the gift to the husband, as was now the case in law. a gift subject to the condition of maintaining, protecting, and guarding the wife, and would provide that it that duty were not discharged, and the property remained intact and un alienated, the life interest should revert to the wife who had been deserted or treated brutally by her husband. With regard to the earnings of a married woman during coverture from any trade, avocation, or pursuit, the courts of equity were in the habit of recognising a separate interest on the part of the wife ; and he concurred with the hon. and learned member that what the wife earned during coverture should remain her separate property. There remained a third subject to be dealt with— namely, acquisitions made after coverture ; the three kinds of property under consideration being the property which the wife fiad at the time of her marriage ; the property which she acquired after her marriage and during coverture by her own industry; and the acquisitions she made by her own industry, gift, or otherwise, after coverture. The law was at variance with equity on this subject. if a mar ried woman who had no settlement had a sum of money bequeathed tc her after coverture, she had a right to go into equity and require a settlement to be made, and a portion of the principal of the property was taken away and locked up in settlement for the benefit of the wife, with remainder to the children. But this could only be obtained through the interposition of a court of equity, and that interposition was limited by the amount of the pro perty. He thought that such property should be given to the wife without the interposition of a court of justice ; and that it was inexpedient to make her go to any tri• bunal, and much more to so costly a tribunal as a modern court of equity. It must be remembered that the law gave absolute ownership of all the wile's property in pos- session to the husband, and if they altered that law they would take away the necessity for the interposition of a court of equity. He should propose that the law should give to the husband only a life interest, subject to the duty of maintaining and protecting the wife. The mode of compelling a husband to perform his obligations was most weak and inefficient, but they would make it efficient if they enacted that a husband ilbtreating his wife should lose his interest in the property of the wife, which should revert to her. He made these observations to inform the hon. member how far some members of the Government, who have considered this matter already, were prepared to go in the matter. MINISTERS' MONEY (IRELAND). Mr. FAGAN, in moving for leave to bring in a bill to amend the Act 17th and 18th Vic., c. 11, with a view to the abolition of ministers' money in Ireland, said that, as be understood no opposition would be offered to his present motion, he should defer the observations be might have to make to another occasion. The question was about to be put, when Mr. STAFFORD, without resisting the introduction of the bill, called upon the Government to declare their opinions upon it. Lord PALMERSTON, in reply, said : Sir, I took the opportunity last session, when my hon. friend brought this subject before the house, to state that the Government, after full consideration of the matter, were prepared to concur with his motion. Some of the details of the bill may possibly require alteration, but its principle we are ready to support. Mr. DISRAELI rose and said I understand the principle of the bill is the abolition cf ministers' money. and it has always been opposed by every Government within my recollection. Lord John Russell's Government opposed it ; the Aberdeen Ministry opposed it ; as did also the noble lord himself, who even called it a principle of confiscation. (Hear.) However, this is not a fitting opportunity to enter into the discussion of the principle of this bill. The best time for doing that is when we are prepared to divide ; for when leave is asked to introduce a measure, and the required permission is conceded by the Government, the period is not a conve• nient one for canvassing its merits. But there is one observation on a bill of this kind which I cannot now refrain from making. The importance of its principle cannot be exaggerated ; in fact, if sanctioned, it will strike at the very root of all Church property. (Hear, hear:) The bin, it seems, is approved and will be supported by the Government. Under these circumstances is it not much better, when a measure involving a principle of such gravity is to be brought in, that it should be introduced by the Government itselt? (Hear, hear.) And if her Ma jesty's Ministers have deemed it consistent with their duty to permit a private member to bring forward a bill on a subject of this magnitude, they are bound in fairness to this house and the country to take care that, its principle having been approved by them as Ministers, this house should have an early opportunity of expressing its opinion upon it. (Hear.) If a measure of this kind be left to a private member of this house, the chances, as we have been told by the hon. member for Surrey. are greatly against it ever being brought before the house for a deft. nitive decision. I think, therefore, after the frank acknowledgment of the noble lord that be approves the principle of the mea sure of the hon. member for Cork, and that his Govern. ment intends to support it, the noble lord is bound to make such arrangements that it should be brought speedily SATURDAY, to a second reading, in order that the house may have en opportunity of expressing itself upon its policy. I myself shall certainly give to it au earnest oppositi on . (B eta, hear.) Sir GEORGE GREY stated that the Government simply intended to act in accordance with the recoil ) . mendrtion of the committee of 1847, which, said Sir George, reported " that the collection of these funds from house to house in the towns in which it is levied is so difficult that it would be prmient to discontinue it." Sir George, in conclusion, recom mended that the bill be taken on a Wednesday. Mr. NAPIER observed that the right hon. baronet the Secretary of State for the Home Department upon two occasions, and while he held under Lord John Russell the office which he now holds, opposed the abolition of ministers' money : The committee of 1847 did not report in favour of its abolition. It reported that a substitute should be pro. vided when the funds of the Ecclesiastical Commissioners should have so increased as to produce a margin applicable for the liquidation of this demand. The whole question is of Jeep importance. It involves a deep principle. It affects the Church of Ireland, and consequently the United Church of England and Ireland; but I shall reserve observations till the second reading, on which occasion I think I shall be able to show a sufficient case for its entire rejection. Leave was given. The LORD ADVOCATE moved for and obtained leave to bring in a bill to amend the law for the registra tion of persons entitled to vote in the election of members to ben() in Parliament for counties in Scotland. Mr. MASSEY obtained leave to bring in a bil; lo amend the Burial Acts, anti Lord litctio a bill to alter and amend the laws regulating the medical profession. Captain MAGAN moved and obtained the second reading of the Grand Juries (Ireland) Act Amendment Bill. NOTICES OF NOTION. moN DAY. Mr. SCAOLEFIELD —that %shell Mr. Spooner'a motion came on he would move an addition. directing that the general question of religi(.na grants in Ireland should be considered together with the Ma)nooth grant. TUESDAY. (For Tuesday, the 26th !nstent.) Mr. Avtrroisfor a select committee to inquire Into the causes of the inequality of the poor rates in the metropolitan districts, with a view 1. , ) the adoption of a remedy for such inequality. Sir J. TRELAWNI—for leave to bring in a bill for the abolition of church rates. Mr. HORSFALL—fur a select committee to inquire into the origin, the past and present oonstitutiun. and the powers and . dillies of the Board of Trade, with the view t. its better adap union to the requirements of the country. Lord HAYNHAM —for a committee to inquire into the condition and management of the metropolitan workhouses. Sir J. THELAWNI (on behalf of Mr. Ilardeastle)—for leave to bring in a bill to regulate burials iu consecrated and unconse crated places. Mr. G. H. MoottE—for a bill to give compensation for tenant right in Ireland. THURSD.kY. Mr. Roentiot—that on that day fortnight he would call the attention of the house to the subject of our relations with Brazil, and move fur a select committee to consider those relations. Mr. A. KINNIARD—that on Thursday, 'the nth of June, he would call attention to the petition of thei Protestant mission aries in Bengal, presented on the 9th of February, and move an address to the Crown on the subject. Sir C. NAPlER—that on the 27th Instant he would move for a select committee to inquire into the constant on of the Board of Admiralty, with a view to render it more efficient, and better adapted to the various duties it lied to perform. Mr. MACKINNON—that on that day fortnight he would move for a select committee to consider the expediency of a more equitable adjustment of the land tax, an.l of allowing a further reduction of the same, and considering whether by any other means it might be rendered more pi oductive. Sir G. GREY said that he would postpone the introduction of the Reformatory bchools Bill till F tidily, the 25th instant, for • week, to afford time for consideration of their amendments. Sir C. WOOD—that Le N ouM move the Navy Estimates on Monday next. CoNvocAnoN met again on Saturday, the Upper House assembling at Queen Anne's Bounty-office, in Dean's-yard. Some amendments having been made in the address, the Upper House was prorogued to the 20th of May. Tha Lower House met as on the preceding Wednesday, in the Jerusalem Chamber. The attendance of proctors was not so numerous as on Friday. In all there were about forty members present. The Rev. J. Harding presented a gravamen complaining of the exclusion of the unbeneficed clergy. The gravaman was referred to the com mittee of gravament. A discussion arose uron the mode of summoning Convocation and conducting its business ; it VMS complained that the Lower House was n..t allowed sufficient time for discharging its important functions, while there were no rules for conducting its discussions such as those which were enforced in other deliberative assemblies. A motion brought forward by Dr. Wordsworth, for a com mittee to consider the best means of obtaining the counsel and co operation of the laity, particularly in diocesan or occasional synods, and in the archidia conal visitations, was carried, and the committee appointed, when the Prolocutor tat half-past fcur p.m.) read the schedule of prorogation, and inti mated that the meeting on the 20th of May would merely be formal, for the purpose of presenting the address to the Crown.