The Express.
London, England, 1851-07-16 00:00:00

PRIVATE BUSINESS.

SOUTH HOLLAND DRAINAGE ACTS AMEND.

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ME. illifEE
This bill was resulATwod time._

PETITION PRESENTED.

Tan Cavrisr. IZ.ZI.tCe.III3;:CapiainSCOBELL, from
Bath; Sir J. B. EAST, from Winchester; and Mr.
DIVETT, from Exeter (2) ; for converting the Crystal
Palace into a winter garden.
Tan MILLING larcasse.—By Mr. GREENE, from
the millers of Lancaster • Sir A, ARMSTRONG, from
the flour millers of Rome and Parsonstown ; Mr. AN-
STEY, from millowners of Yamaha ; Marquis of GRANBY,
from the millers of Stamford and the neighbourhood ; Mr.
BOOKER, from the millers of Herefordshire y Sir L.
O'BRIEN, from the corn millers of Waterford; Mr. E. B.
ROCHE, from corn millers in the county of Cork ; Mr.
DISRAELI. from millers of Liverpool and Ely; and Laid
0. MANNERS, from the Isle of Ely ; praying for protee-
bon against the importation of foreign flour.—By Mr.
CONOLLY. from Donegal ; Lord NA AS, from Kildare; !
Sir. J. STUART, from Newark ; complaining of the
distressed state of the milling intersst.
UNLAWFUL OATHS (IRELAND) BILL
This bill was read a third time and parsed.
TURNPIKE ROADS (IRELAND) BILL.
This bill was read • third time and passed.
PRIVATE LUNATIC ASYLUMS (IRELAND) BILL.
This bill was read a third time and pawed.
TURNPIKE ACTS CONTINUANCE BILL.
This bill was read a third time and ;sassed.
HARWICH ELECTION.
Mr. DEEDE', the chairman en the select committee ap-
id to inquire into the controverted election for this
borough, reported their decision, that Mr. R. W. Craw-
ford had not been duly elected, and that the election was, ,
therefore, void.
On the motion of Mr. DIEDEN, the evidence taken before
the committee was ordered to be printed.
COUNTY COURTS FURTHER EXTENSION BILL.
The house went into committee on this bill.
On clause 13 (the previous climate having, with verbal
amendments, been agreed to),
The ATTORNEY-GENERAL said that the clause had
been drawn up in consequence of • wide-spread confede-
racy amongst the attorneys to procure the total iticlualon of

barristers how the county coasts. Then could hew doubt
that at the present nionseit the bar wimp silasstly ezerisi
hots a largo asejority d the our%& but he adi set sumo
that then wee say with on the peel ef the yobbo le distrey
the Mr dild la die preen& stets of moiety, whoa
so may Isadore met asewswily cosset Übe*
the osects law, be mould bray inieniss that any one
diew& ofnieetas well be depenssi lath; and surely it
wen hpertW that these siniamise dwell be men a be
beet obiestisa, sai sheedil be aseseiewl by the behest hal-
hies of g
entisaa7s.
area!)osehl awn the beiwo
that it woe wry to Aims limn sash • WOW.
bet still he set help rewaddes that the elewswys
who proodosi in the county sends wore not the
sloes of their ties inns hef the ler& peobeeiss. Ilelistbs swatet
thwohnedisninfe himself
toto thiennia be bereft
e pub& that the ler shoeta displacedway by sa
rb-
rior elan of adman% Ids% Weed, h weld be mein that
there was a groan, soureety slaytins such a mune. B.
fully minnwod dos inipsreinee 'tabu, ends of jostles, oaf if
it amid be awn that these alesnay ebonites were pail
leis her there womb' he a show; ewe is their boom
(Cheers.) But that raw net the bet Dy the sat of ran-
' meat the advocate's Ms wore laid awl dMeawrai, so that
it made no difference to the solar whether the aderiwy or
the barrister got them, for as atsorary wee as Ins than
those fees. And this was prootically Ne toss. • gentle-
man, whose name, if he were to mention it, would be a
sufficient voucher for the accuracy of his assertion, stated,
in a ktter to him, that in a provincial town, where there
were-oily sir. or seven attorneys, they had agreed not to
:Zs:as advocates unless three guineas were actually paid
before they went into court. This rule, though
it had in tome degree limited their business, had
been found to answer ezeeedingly well, and it was
the best business they did. (Hear, hmr.) Depend upon
it, then, that the public could gain nothing even in an eco-
nomical point of view by the substitution of attorney advo-
cates for barrister advocates. (Hear.) They might adopt
one of two courses : they might either put the barrister on
the same footing with the attorney, or they might provide
that if a party wished to employ his own attorney, who was
&ma Ale such, the attorney might be allowed to act also as
advocate ; but that in eases where it was desired that the
functions of attorney and advocate should be separated, then
the privilege should be given to the bar which they enjoyed
in other courts. (Cheers,) He (the Attorney-General) was
satisfied that the tendency of recent legislation had been to
carry justice home to every man's door. (Hear, hear.)
That tendency he considered a most proper one, and he
had always stood by the County Courts Bill; hut, at the
same time, he could not but protest against en attempt to
destroy a noble profession, the history of which was inti-
mately associated with the brightest annals of oar country ;
and be warned the house to be cautious how, in potting
down one monopoly, they made room for a much worse.
(Cheers.)
Mr. I. ITZROY said the Attorney-General had made
the best ease for the banisters that could be done, but
still if the clause were left as it was, it would
completely defeat the two principal objects of the County
Courts, namely, speedy and cheap justice. (Loud cheers.)
He wished to know what course the learned Attorney-Ge-
neral intended to take.

Sir U. STRICKLAND viewed this as a contest between
cheap justice and dear justice. The courts at Westminster
were jealous at the well-established and well-deserved po-
pularity of the new courts, and seeing that their occupation
was gone, or almost gone, they stepped in and xnid, ' Give
usamontopoly." (Cheers.) Now whenever he heard the word
"monopoly" he felt certain that "something was rotten in
the state of Denmark." (Laughter) The courts of West-
nsMater had brought this upon themselves. They had re-
fused to reduce their expenses, to reform their technicali-
ties. and, above all, they had clung to that antiquated rule
of refusing to permit parties to suits to be themselves exa-
mined. (Hear.) The courts of Westminster had refused to
simplify their proceedings, and the consequence was, they
would be swamped.
The ATTORNEY-GENERAL begged to propose a
clause as a substitute for clause 13. It had been drawn a
by a county court judge, and its purport was that in all
cases where the parties chose to employ an attorney to art
both as attorney and advocate they might be allowed to do
so ; but, if the parties desired the assistance of an
advocate, in addition to their attorney, that ad-
vocate should be a barrister.

Mr. HENLEY was authorised by the right hon. member
for Ripon (Sir James Graham) to expreas his opinion that
both barrister and attorney+ should have a fair field and
no favour. (Loud cheers.) Ile (Mr. Henley) was quite
ready to acquiesce in the new clause of the Attorney. (.3e.
were!, hut he should hare been better satisfied if the field
had been left open to all. (Cheers.)

After some remarks froniMr. Hume, Mr. J. E. Denison,
and Mr. Freshfield,
The SOLICITORDENERAL objected to the proposal
of the bon. member for Oxfordshire (Mr. Ilculey), inas-
much as it would introduce a third class of advocates, who
could be neither barristers nor attorneys, but a totally new
clan, restrained by the responsibilities of neither. The bar
was kept in order by the esprit de corps, by which every
barrister was the watehiul guardian of the honour and in-
tegrity of hisiearnrd brethren. &.ides, all barristers were
obliged to be member: of one of the four inns, which were
governed by bmeheri, who sat as judges over their conduct,
and who were armed with the power of expelling them
from the inns, and so depriving them of the right
to practise. In like manner, a person's own attorney
was liable to an action fur damages if his client suffered
loss from his negligence. But this hybrid class of attorney-
advocates would be liable neither to be disbarred nor to
suffer the pecuniary consequences to which a person's own
attorney was liable.
Ater some further discussion, the debate became ex-
ceedingly confused, a great number of honourable
gentlemen proposing amendments of a verbal na-
ture. Eventually the conclusion of Mr. Cardwell'o
clause was altered so us to be to the following effect:
—" And it shall be lawful fur the parties to the suit, for an
attorney of one of the superior courts of record retained by
'or on behalf of the parties, or for a barrister retained by
or on behalf of the parties on either side, or by the leave of
the judge for any other parson, without any right to ex-
clusive or pro-audience, to address the court, subject to
such regulation as the judge shall think lit to make for the
orderly transaction of the business of his court."
This clause was then agreed to, and the house resumed.
The report of the committee of supply was then brought
up and agreed to.
The sitting was then suspended, at 2d minutes past 3,
until half-past 5.
The SPICA/Eli resumed the chair at half-past 5.
NOTICES OF MOTION.

HARWICH ELEertom.—AIr.BANKES (to-morrow), that
the issue of the unit for Harwich be suspended till the mi-
nutes of evidence taken before the select committee are laid
on the table of the house. Also, to call the attention of the
house to a petition chording the government with interfe-
rence at the last election.

CASE OP EENEST JONES.—Lord D. C. STUART post-
poned his motion on this subject, in COESILAUCIICO of tho ill-
ness of Sir G. Grey.
C PatscE.--Mr. J. HEYWOOD, on an early
day, to move that the Commissioners of Woods and Forests
be instructed to give directions for the preservation of the
central portion of the Crystal Palace for one year.
COPYIIOLD ENFRANCHISEMENT BILL.
Mr. AOLIONBY begged to move that it be an instruc-
tion to the committee sitting en the Copyhold Enfranchise-
ment Bill that they have. power to consolidate the two bills
into one.—Agrts.:4.?!...