The Sun.
London, England, 1856-07-22 00:00:00

IMPE MA

lAMEN

HOUSE OP COMMONS.—(This Day.)

Tho SPEAKER took the chair shortly after 12 o'clock.
PRIVATE BUSINESS.
The Lc,r.ib' amendments to the following bills were
considered and agreed to :—.A.Lerdeen and Se.,ALish
midland Junction Railway Companies Amalgamation,
Oxford, Worce3ter, and Wolverhampton Railway (Ex-
tension of time, &c.), Severn Navigation Improvemsrit
Commission, and Westminster Terminus Railway Bills.
The following bills were read a third time and passed :
--Bell's Estate, Dalling,ton Estate, and Thoroton's and

Croft's Estate Bills.
TORTURE IN INDIA.
Mr. OTWAY presented a petition from the President
of Madras, complaining of the present mode of torture in
India, and praying the house to appoint a mixed com-
mission of Europeans and Indians to inquire into the
subject, with a view to putting a stop to it.
COUNTY COURTS ACTS AMENDMENT BILL.
Oa the motion for the third reading of this bill,
Mr. GLADSTONE called the attention of the Go-
vernment to the state of the courts in Westminster-hall,
which was a matter that ought to be taken up by the
executive rather than by a private individual member
of the house. He wished to ask if her Majesty's Go-
vernment were disposel to make any inquiry during the
recess into the state of the judicial establishments in
Westminster-hall, particularly into the present number
of judges, especially taking into view the immense relief
and diminution of busine-s in Westminster-hall, which
had been brought about by the establishment of County
Courts.
Sir G. GREY said that from information he had ob-
tained ho found that the civil business in the Superior
Courts had not decreased as was anticipated, nor had it
diminished on circuit, except in one or two instances.
The question of reducing the number of judges was one
requiring grave consideration, because in addition to
civil business they had the criminal business of the coun-
try to attend to, and he had received several commu-
nications from Glamorganshire, complaining of inconve-
nience from one judge only being sent there on circuit
business. At present there was but one learned judge
in town, the others being fully occupied on circuit. He
would consider the matter during the recess.
Several verbal amendments were agreed to in the bill,
and clauses added.
Mr. HADFIELD moved the addition of the follow-
ing clause :—" Clerks articled to attorneys or solicitors
may, after serving two years under articles, and with
consent of their masters, appear as advocates;
the clerk to any attorney or solicitor who has
already been, or who hereafter shall become
articled to such attorney or solicitor, and who may have
served two years under his articles with such attorney
or solicitor, may appear as advocate on behalf of any
party to any proceedings in the County Court, on pro-
ducing to the registrar of the court his articles, and als°
a certificate from his master that he consents thereto;
and the attorney to whom such clerk is or may be arti-
cled shall be entitled to the same fees as if he bad per-
sonally attended the said court, provided that the clerk
shall be subject to the same rules and regulations as
attorneys now are or hereafter may be subject to."
The ATTORNEY-GENERAL resisted the clause
on the ground that these courts ought not to be dealt
with as schools for professional education. In no court
of law were persons who were qualifying themselves for
a particular status allowed to exercise the functions of all
advocate. The courts of law exercised control over ad-
mitted attorneys, but they had no control over attor-
neys' clerks. Under all circumstances, he thought it
desirable that this clause should be rejected.
Sir J. GRAHAM opposed the clause on public
grounds, and as regarded the interests of the public, and
not with reference to the educational part of the
question.
After some remarks from Mr. Stafford, Mr. Glad;
stone, Mr. Crau;urd, Sir E. Perry, Mr. Mullings, an
Mr. Fitzroy, in the course of which it was stated that
agents, not professional men, were allowed by the judge
to attend in these courts for plaintiffs or defendants, but
that t iey had no pee er to award him a fee as in the case
of an attorney.
The clause was ultimately withdrawn.
Mr. HADFIELD then moved the following clause :1'
"Any attorney may act for another attorney concerned
in any plaint or action, or in advocating in court for biro
in case of illness, absence from home, distant residences
and other special grounds or reasons."
Mr. ROEBUCK opposed the clause. It was intended,
to do away, by a side wind, with the interference 0'
barristers. If it was desirable to do that, let it be done
openly, and not in this covert manner.
After some discussion, the clause was negatived with•
out a division.
The ATTORNEY-GENERAL moved there-insertion
of the clause permitting a registrar or assistant clerk to
reside out of the district under special grounds and by
consent of the Lord Chancellor ; or, when the district
is within the Duchy of Lancaster, by the consent of the
Chancellor of the Duchy, but his office to be within the
district. He thought the house ought not to cad
upon the registrars of populous districts such as
Shoreditch and Bethnal-green to reside within then
After some discussion the clause was negatived with•
out a division.
Mr. ROEBUCK complained that the clause referring
to the retiring allowance to be given to County Ccitu,,t
clerks had been altered since the bill passed throug"
committee, from one-fourth to one-third.
The SPEAKER said the alteration could be made
without notice.
Sir JAMES GRAHAM—Then the matter being
now passed, is beyond our control.
Mr. WILSON wished to explain.
The SPEAKER—It cannot now be discussed.
Sir J. GRAHAM—Then 1 cannot sufficiently express
ration should have been made without previous notice.
both my surprise and sorrow, that so important an alte-
The SPEAKER—The hon. member can refer to it on
the question that the bill do pass.
The remaining clauses, after some discussion on vari-
ous amendments, principally of a verbal character, wore
pm agreed to.
On the question that the bill do pass,
Mr. WILSON entered into a detailed statement with
reference to the position of the clerks in the Government
getting rid of the plurality of courts, and stated that the
vested interests of the clerks in these courts, considering
they had resigned their private practice on taking these
offices, and the justice of the case, demanded that the
retiring allowance should be one-third instead of one
fourth. The increase in amount would be small, but
would not increase the existing charges which were paid
out of the fees of the courts.
Sir J. GRAHAM said if it had not been too late he
shouid have moved the reduction of the amount one'
es--• fourth, believing that a sufficient retiring
allowance'
LEFT SPEAKING.)