The Express.
London, England, 1859-07-05 00:00:00

THE DIVORCE AND MATRIMONIAL CAME

COURT.

Lard BROUGHAM rid that an the Matrimonial and
Divorce Court had now been at work for a year and a half,
it wee desirable for their lordships to consider how
it worked. He rejoiced to gay that the repair proved
that no error had been committed in the transfer
of that jurisdiction from their lordships' house to
the new court. It had indeed bet productive of great good.
There were, however, some deform in the practice of the
court, but they were such es could easily be remedied. The
amount of the business to be done was so great as to show
the absolute asperity of an Increase in the judicial form.
The itconveniere now earrienoed might perhaps not be
permanent, for is a great degree it probably arose from
the nos-existence of that court in former timee. When no
raid • casilL it abbeined 'without the cumbrous pro-
' owe of going through an action at law, a suit in the
Ecclesiastical Court, and lastly en spolicetion to parliament,
many cases were reesearily k-pt tact, which since the ear-
-1 blighter, of this court had been brought forward. la the
fifteen months ending with March last the number of pelt-
dor presented to this court for diwolution of marriage wee
288, and fur judicial separation 106. The moult was that 43
applications for divorce had been tried, and 39 for judicial se-
peratica. Of the 13 petitior for divorce, 37 were granted.
It was amid that in Scotland, where divorce bad long been the
law of the land, tbe another of cases in witch divorce was
greeted averaged 17 or 20 during the year. Comparing,
therefore, the population of Scotland, which was 3,700,00
0,
• the population of Englund, which was 19,800,000, thi
number of divorces granted in England should have ham
not less than 120, in order to verity the advert, predictions
made when this court was established. It was true that
there were many cease remaining undetermined : there were
probebly opine& of 100 petitions tor divorce now awaiting
their trial. This was owing to the want of a sufficient
rout of judicial force. The Lord Chancellor end the
chief jadeite of the three crown law courts were members
of the Divorce Court, bat could not preibly and time to
attend. The smart wee, therefore, overwhelmed with bail-
newt, sad bad gat greatly into arrest. He also thought some
4.f the rates which bad bees laid down for the procedure of
the court were mihrtmale.

The LORD CHANCELLOR said that his noble and
Mend freed had dons will to bringing this subject to the
eateetieu eif the hoer. Its importance could not be ex-
agprated. He bad felt that so strongly that beton the dis-
solution of perlimmed he had in replace in that house asked
hie predecessor whether he had prepared a bill to remedy the
&rots which ern approvals the working of the Divorce court
and Y was rformed that It wee under consideratioe. The
dziLiheetnewdevolved epee him, end he had devoted the most
atelier to the subject. He agreed with hie nobleand
leaned friend that the cone, so a whole, had worked well,
sad he se with ugly railed its working to the untiring diligence
and great ability of the Judge Ordinary, Sr C. Creswell.
Berra' defect*, however, coated in its working, and the
forroo.t amongst them was a want of jot:tidal strength. He
thought that the legislature had acted with propriety In net
miablthing several judges of the court, for it was impossible
to have known what bossiness it might have, and whet aunt-
ber of judges were required for it, and still It was necemery
to proceed tentatively and experimentally. Three was a
great deal of business In the court, but what would be its
Meaty end permanent stets they could not tall, and be
✓eell not desire the appointment of pareareent judge., but
• temporary earthiest. Whet be proposed was that all the
pairs, as well es those who were now so, should be espeble
of teeming put of the court, and that arrangements
should be made by which two of them should
be sesihible for terming a full court with the
Judge Ordinary. He trusted that before long it would be
porta@ to ascertain what judicial strength would be perms-
needy aeceeeary. He agreed with his noble and learned
Mewl trailers wee not as yet sufficiest guard ageinst
; bat ft was to be observed that in not a single in-
stance bad collusion been diacovered. Still he agreed that
there should be • functionary who should examine into each
cue before it came int, court. Ho also agreed that there
should be • more circumstantial statement of the CM* by the
petitioner. This might be done without adding any additional
burden to the revenue, by the proper disposition of °este
Beyond that then were some improvements that
might be immediately adopted one we. that the
court should be allowed to sit in private. Complaints
had hies made of the scandal cowed by the publication of
many of the cues heard before the court, and he thought
that there could lei so objection, in cases where the coast
thought that the publication of the details would be prsis
judicial to pub'', turtle, that the public should be excluded.
That was the cue in practice in bloodied and in France in
cases of adultery, and he thought that even In eases of
judicial separation, arising out of dierrements between mar-
✓ied pet .v, perry might lead to reamailietion, while
publicity might have the contrary effect. It was also de-
sirable that the Judge Ordinary should have the power
permanently of disposing of the children of persons who ob-
i:slued judicial separation. Ile hop, din a few days to lay •
bill on the table embodying these amendments.
Alter some observations from L,rJa CRANWO4TH end
REUZBDALE, the subject dropped.

VEXATIOUS INDICTMENTS BILL.
This Lill was ru.d • Weil thus sod passed.
CHURCH RATES.

The Dab of MAILLBOROI. OH rose to move for the
appointment of a select a-enmities to inquire into the present
operation of the law and practice respecting the assegai:seat
and the levy of church rates. If their lordships commented
to the appointment of this committee their lordship*
would be enabled to judge of the objects and motives of tiros
by whom the eb was demeneel, and by placing the
question M a tree light before parliament and the country,
might facilitate the remedy of all n:al grievances without
isterferieg with the rights of the church, and time relieve •
end amount of anxiety, and restore confidence to ;he church.
He might add that not more then 6 per mut. of ell perigee
throughout the country objected to church rates, and
260,0001. we. still mitigated every year in that storm.
Then it was mid that if church rotas were abolished, the
meths for utainteiciing the fsbrio and providing far the we-
vices of the church would be provided for by voluntary cos-
tnioutiono. Hitherto voluntary contributions had been given
in many perishes, though the law of church rates existed;
but let the law by atolished, and the.. voluntary
contributions would diminish, and the means of sup-
porting and upholding the church would facet certainly fait.
Again, the amount raised is church rates was no teat of the
manner in which the principle was accepted and embodied
throughout the gematry. In many perishes Ibe church rates
were of small mount, and the voluntary contributions were
the main reliance; while In! others the rate was the sole de-
peadeace. But oil this a on various other detail, connected
with the, question such an investigation as he propnerd would
be aortal, and although the session wee far advanced, he had
so doubt that during the comparatively short time that re-
mained information woulal.be °Naiad that would be of the
highest value and importance in legislating for the settleutsat
of this long agitated questios, and that at all events it wield
be found that one of the surest safeguards of our hereditary
monarehy was as establiebed church. (Hoar )

Lerch '11;11YNHA11, who 'poke with. his 6:tek to the p.l-
- sad wee io ocasequenca eery indlatiactly hewd, re-
p/rased himself earseetly anxious for the aboli,ioe of church
retro, but declrred himself decidedly is favour of the meta-
sauce of the nAtional church.

The Archhl.hopof CANTERBURY supported the com-
mittee. The subject was one of the greatest importstros, sod
there were many who opposed church rates who would, Ult
were made clear to them how many important literate their
maartensuo. Influenced, be mast probably isducei to wit►-
drew, or et least to relax, their opposition. He believed that
ff this were med. clear, they would never have such s bill
presented as had been brought forward lout Nieto°.
Lord PORTMAN should vote Gar the committee, fray-
ing that it would take all the points into its careful con-
sideration.

The Bishop of LONDON would most earneatly irnpreout upon
their lordships the seceasity of granting this committee. There
were a greet many erroneous ideas to be dispelled, a greet
sissy Important opinions to be obtaiesid. Ile wasted to
know what were the opinions of the religious, not the politioel
dissenter, of E nested ,of those men who thought there 'riesling
moral and social interstate Involved in the maintenance of en
established church. He believed thee. were thousands of
dissenter. in Begird who thought it would be • dark sad
miserable day f•w Saglead if the established church wee*
abolishid ; but he knew et the mole time that thee. were not
the men who were the most falluential In returning members
to parliament. (Hem, hear.)
Burl ORAN VILLI did sot see that much advantage
could result from a committee, seeing that the subject had
already been exhausted in way of inquiry, but, seeing
that it had been rotommetded by the noble lord behind him,
end alter the appeal which had come from the right rev.bench,
be should not feel justilled in offering any opposition to the
motion. At the same time his consent must not be uader -
stood as precluding him from considering any toeuure
that might come up from the other house of parliament.
This motion was then agreed to.