The Press.
London, England, 1857-07-25 00:00:00

PROBATES AND LETTERS OF ADMINISTRATION BILL.

A series of clauses was proposed by the ATTORNEY-
GENERAL, and agreed to, authorising the Court of
Probate to cause questions of fact to be tried by a
jury before itself, or direct an issue to a court of
law.

The ATTORNEY-GENERAL then moved a clause
providing that district registrars should not grant
probate or administration where the deceased is en-
titled to Government stock, or other stock or shares
transferable in the metropolitan district.
This clause was opposed by Sir J. TROLLOPE, as at
variance with the understanding ou a former occa-
sion, when the limitation clause was negatived; and,

after a long and obstinate debate, in which the
opinion of the committee seemed decidedly adverse
to this restriction upon country probates, notwith-
standing warnings of tho Attorney-General and sug-
gestions by him as to the incompetency of the district
courts, it was abandoned by him.
On the motion of the ATTORNEY GENERAL, a clause
allowing an appeal from the County Court to the
Court of Probate, and another giving compensation
to Sir John Dodson in case he be not appointed
judge of the Court of Probate, were agreed to.
Sir F. KELLY moved a clause requiring all probates
granted by distnet registrars, so far as they relate to
stock transferable at the Bank of England or the
East India House, to be sealed by the Registrar of
the Court of Probate in London.
Me. MALINS opposed the clause as virtually con-
tinuing the evil of a double probate.
It was ultimately negatived.
The Chairman was then ordered to report pro-
gress.
The Reformatory Schools Bill was read a third
time and passed, after a protest against it by Mr.
ALcock and Mr. fluoEssEri.

The Clerks of Petty Sessions (Ireland) Bill was
read a second time.

The Loan Societies Bill, the Commons Enclosure
Bill, and the Boundaries of Land (Ireland) Bill
passed through committee.
On the order for the second reading of the Chelsea
New Bridge Bill, Mr. BENTINCK moved to defer it for
three months. The second reading was, however,
carried by O to 74, and the bill was ordered to be
referred to a select committee.

The remaining orders were then gone through,
that for the second rea•iing of the Court of Chancery
(Ireland) Bill being discharged.
Lave was given to bring in certain bills, and after
some further business the house adjourned at a
quarter to two o'clock.

HOUSE OF LORDS—TUESDAY.
THE RIGHT OF JEWS TO SIT IN PARLIAMENT.
Lord CAMPBELL asked the Lord Chancellor for
information as to the state of the appeal to their
lordships' house in the case of " Miller v. Salomons "
which turned on the question whether Jews could
lawfully sit in Parliament. The noble and learned
lord, after giving a brief history of the case, reas-
serting his approbation of the verdict of the judges,
referred to Mr. Dillwyn's notice of motion in the
House of Commons to admit Baron Rothschild by
resolution, in defiance of the House of Lords and
without the consent of the Crown :

This I regard as a flagrant usurpation. To use the
mildest term that I can bestow upon it, I should call it
nothing less than a coup-d'etat, such as is sometimes
resorted to in a neighbouring country to bring about a
revolution. A law of this description is contrary to all
law, because it attempts by a resolution of a single branch
of the Legislature to repeal an Act of Parliament, and to
pass a law against the expressed will of your lordships
and without the sanction of the Sovereign.
As to the case of Mr. Pease, in 1832, affording a pre-
cedent, Lord Campbell denied it
venture to say that what was then done has not the
smallest application to the case now to be considered. Mr.
Pease was a Quaker. There was no question as to the
manner in which the oath was to be taken. The real point
was whether there were not Acts of Parliament passed by
Commons, Lords, and King, by which the Quakers were
absolved from taking oaths and from swearing to what
appears in the Oath of Abjuration. It was our opinion,
and it is my Srm and sincere opinion at this moment,
that by two acts, one of which was passed in the reign of
George 11., a Quaker was allowed to affirm in regard to
all that appears in the Oath of Abjuration without swearing
at all. The language of the statute is so strong that it
admits of no other construction. It declares that wherever
any oath is to be taken the Quakers are absolved from the
necessity of swearing, and are allowed to affirm. . . . .
My lords, I have been during the course of my parlia-
mentary life a strong supporter of the admission of Jews
into Parliament. I should rejoice to see them members
of the Legislature. Ido not regret the length to which I
%tent when there was a controversy upon the question of
privilege between the House of Commons and the Court
of Queen's Bench. But that was an action for doing that
which the House of Commons, in the clearest exercise of
its rights, had directed to be done. The house was bound
to take up that question and to deal with it as a breach of
privilege. But to declare it to be a breach of privilege to
bring an action against a member of the House of Com-
mons, who had violated the law would be perfectly absurd.
The House of Commons might just as well resolve that it
would be a breach of privilege to bring an action on a
bill of exchange against the acceptor, or to bring an action
of ejectment to recover an estate that had belonged to a
man's ancestors. The House of Commons might as well
attack the prerogative of the Crown, and resolve that it
would be a breach of privilege to acknowledge the appoint-
ment of any officer in the army or navy without the pre-
vious consent of the House of Commons, or a breach of
privilege to declare war or conclude peace without their
previous aanetion. My lords, if such a course should be
adopted it seems to me that a revolution threatens this
country, and that it may lead to the most serious cense-
quences. If this contest is wantonly stirred up between
the House of Commons and the courts of law, I, for one,
shall not be afraid of the consequences personally to my.