The Press.
London, England, 1857-02-28 00:00:00

PROBATES AND LETTERS OF ADMINISTRATION BILL.

The LORD CHANCELLOR moved that the bill be read
a second time.

Lord ST. LEONARDS objected to the present mea-
sure because it virtually placed all the testamentary
jurisdiction of the country in the hands of the Lord
Chancellor. Why was the burden of this jurisdiction
to be thrown in the first instance on a Vice• Chancellor,
when there existed ajudge of the Prerogative Court
fully able and competent to discharge his duties ?
Again, he objected to the bill because it deprived the
heir at law of the established right—maintained at
all times in courts of equity—of having the validity
of a will adverse to his interests as heir• at law tried
by an issue. With regard to the question of compen-
sation, he could have wished that the bill had
contained more satisfactory information. In com-
mittee he should certainly move such alterations as
seemed requisite to make the bill more complete and
successful.

Lord LYNDHURST did not rise to oppose the second
reading of the bill :

It had been his intention, however, to make a few cbser-
vations respecting some of its provisions, but on looking
around the house just now he had made a calculation
which was rather amusing,—he found there was just one-
third of a peer to each bench the house was almost de•
serted] ; and, as he did not care to address empty benches,
he should postpone his observations to a future stage of
the bill. He hoped their lordships would think that he
was justified at this moment in not replying to the obser-
vations of his noble and learned friend on the woolsack.

Lord CAMPBELL, like his noble and learned friend,
was indisposed to address empty benches, but, as
this would be his last appearance in the house before
going circuit, he thought it necessary to say just a
few words on the subject of this bill. There could
be no doubt that a change was requisite in the testa-
mentary jurisdiction; the only question was how
that change was to be effected. He Must confess he
was nit at all satisfied with the scheme of the Lord
Chancellor, which amounted to nothing more or less
than this, that every contested will cause was to
become a Chancery suit. First of all the matter
would come before a Vice• Chancellor, who would
direct an issue to be tried at common law ; the cause
would then come back to him, and he would have to
say whether he was satisfied with the verdict or not.
From the decision there would be an appeal to the
Lord Chancellor or the Lords Justices, just as there
was with regard to a Chancery case, and afterwards
there might be an appeal to that house. Now, were
their lordships of opinion that such a machinery
would effect any advantageous change if substituted
for the present mode of proceeding before a very
learned judge in the Prerogative Court, with an
appeal to the Judicial Committee of the Privy
Council, whose judgment was final in the matter ?
In his opinion, the new court ought to be a Queen's
Court of Probate, guided by common law procedure, and
presided over by a common-law judge. Having entered
his protest against this jurisdiction being added to that of
the Court of Chancery, he only hoped that the bill might
be referred to a select committee.

Lord WYNFORD here expressed his opinion that the
stigma of Chancery would be fatal to the bill.

Lord WENSLEYDALE approved the principle of the
bill, but thought the appointment of a Vice-'36ancel •
for to preside over the court a very doubtful ad-
vantage. _ _

The LORD CHANCELLOR briefly replied, remarking
that many of the objections made to the bill might
be surmounted in committee.
The bill way then read a second time.
The Royal Marine Forces Bill went through com-
mittee.

The Chief Constables Bill was read a second time.

HOUSE OF COMMONS.—MONDAY.
NEW MEMBER.
Mr. WYKEHAM MARTIN took the oaths and his seat
for West Kent.

NEW WRIT.

On the motion of Mr. HAYTER, a new writ was
ordered for the election of a new member for the city
of Glasgow, in the place of Mr. John M'Gregor, who
has accepted the Chiltern Hundreds.