The Sun.
London, England, 1856-02-05 00:00:00

(IRELAND).

The SOLICITOR-GENERAL for IRELAND obtained leave
to bring in a bill to abolish the Encumbered Estates Court,
to enlarge the jurisdiction of the Irish Court of Chancery, in-
crease its powers, and reform its procedure. He stated that
the measure would cost the country nothing, while as the life
compensations fell in it would save 14,0001. a year. The En-
cumbered Estates Court, which he proposed now to abolish,
had been in operation for six years, during which time it had
effected sales of property to the extent of 17,330,0001.. of
which it had distributed more than 14,000,0001. Besides
this there were estates now to be sold the re -dale of which
amounted to 4'00,0001. The court had therefore done much
good, so dould at great individual hardship, but not at all
to the extent which many anticipated. Only about one-sixth
of the pureb asers were from England and Scotland, while
14,000,0001. at least consisted of Irish capital, which he
would not sr ry was concealed, but the existence of which was
at all eventri unknown. The bill carried out the recommen-
dations of a commission which sat on the subject
last year, and it was divided into nine parts. He
proposed to have an appeal court for the sale of all estates,
encumbered or otherwise. He proposed to appoint two vice-
chancellors, with a salary of 3,5001. a-year each. The expenses
of these courts would be saved by the abolition of Masters in
Chance ry. The judge of the appellate court he proposed
should be an ex-chancellor or a judge of the common law
courtwith a salary of 1,5001. in addition to their present
emoluments. But if neither of these were to be had, and it
w :re too end nee3ssary to appoint a Lori Justice, his salary
would' be 4,000/, a year. The hon. and learned gentleman
then !altered at some length into the machinery of his bill,
the fpmeral affect of which was to cheapen and simplify the
proes3edings. All fees and stamps which would be abolished
r o v. , would be abolished at once, and provision would be made
for 'the gradual abolition of those that must be tolerated for
Beane time longer. To make good the deficiency these aboli-
ti ane would create, a small percentage not exceeding 2 per
'cent, would be charged upon the proceeds of the estates sold.
Mr. WHITESIDE claimed this as his own measure, the
substance of which he introduced three years ago; but as un-
luckily he did not propose to create any new place, or to in-
crease anybody's salary, his measure was indig,nantlyrejected.
The consequence was that the Encumbered Estates Court had
become altogether choked up, and was incapable of getting
through its work. The house would hardly believe that there
were 1,360 cases now before that court altogether untouched.
Was the House prepared to throw this mass of business,
with the papers all in confusion, into the Court of Chancery ?
There were three commissioners, with a staff of thirty, in
this court, and it was proposed to throw the work which
they could not get through into the hands of two vice-
chancellors, who had to do all the accruing business., j?
Chancery besides, His plan would be to insist upn'a 'th
commissioners doing their own work, and winding 'op their
own arrears before they got theiv cempensation He was
still more astonished to find that this ratasur" proposed to
turn the Court of Chancery into a great cenve-yancing
A court of justice was intended for the determinatie,u of
rights, but by this measure any man, might walk down to
the vice-chancellor and say—l wart *..0 sell my estate, sell it
for me, This would be the effeet e;„? giving the court power
to sell estates, whether encunLayred or unencumbered. He
believed such a measure wo-dyi open up the door to all man-
ner of frauds. It was out, 'of the 'questiou to suppose that
the 'vice-chancellor wn'llrll look into this matter—he would
.its standing, and trust in all cases to
hire a lawyer of a cer c p
his report, He cor,trasted the provisions of the bill with
those Ito be faun 'in his own measure, insisting that both
A
in point of "'JD' any and efficiency-his -.plan was preferable.
lie was glad-. ly,wever, that the bill had been introduced so
early in VA '":session,
and he hoped the House would watch it
narrow',y,
CAIRNS C 73.8 also glad that this important measure
lr.vl been introduced so early this session. He thought the
bill was a great experiment in an excellent direction, which,
he believed, would issue in benefit both for England and
frfland. He defended the conduct of the Commissioners in
recommending that the Ceurt of Chancery should be reformed,
and that the Court should have power to sell encumbered as
well as unencumbered estates. There was nothing new in
creating a court for the sale of those estates ; it was tho rule
in 'all countries which were under the jurisdiction of the
civil law. After replyinme to some of Mr. Whiteside's objec-
' tions, he took to the Solicitor-General's measure. lie re-
ferred to the abolition of stamps, and the levying of a per-
centage on the, proceeds of sales. He thought this was
unround in principle, even if it related only to the expense of
sales of property; but it must further be recollected that the
business of the Court of Chancery related to many other mat-
ters than the sales of estat es, while those estates would have j
to pay the expense of all the business of the court.
Mr, MALINS considered that this was a proposition to
abolish the Court of Chancery in Ireland, to make way for
the Encumbered Estates Court. He objected to dismissing
the Masters, who were still competent to the discharge of
their duties.

Mr. GEORGE also blojected to allowing the Masters to -re.
tire on their fall salaries, while Vice-Chancellors were ere.tted
to do their work.

Mr. VINCENT SCULLY, with some exceptions, amproved
of the bill.
The bill was then introduced and read a first time..
CROSSED CHEQUES.

Mr. A, PELL :CPT moved for leave to bring in. a bill rela-
ting to drafts ou bankers. He stated that recent. legal pro-
ceedings had rendered the legality of crossing cheques ex-
tremely doubtful, and the object of the bill he proposed to
introduce was not to render it imperative upon, the banker to
pay a cheque when it was crossed, notwithstanding it was
payable to bearer. Without some system of that sort a vast
amount of inconvenience would result both to bankers and
merchants, and a bill of this kind settling the question would
be felt as a great boon by all classes.
Mr. WILSON said he should not opposes the introduction
of the bill, but wished it to be quite understood that the
Government were in no way committed. to the principle
which the hon. member laid down. A banker's cheque was
a document which, by a special Act of Parliament, was
exempted from the stamp duty ou special grounds—those
grounds being, that it should be payable to order, and should
be drawn within a certain distance of the place where it was
payable. Now, any other document ordering the payment
of money must necessarily be a stamped instrument. The
object of the hon. member appeared to, be, to attempt, by
some contrivance, to convert a cheque on a banker payable
tobearer, and, therefore, exempt from. a stamp into a docu-
ment payable to order, and thus to 'nave the security of the
endorsement. Those things were, inconsistent with each
other. He should, however, be; very glad to see the bill of
the hon. gentlemua. He quite admitted the importance of
the subject, and if any plan ccelld bo suggested for giving
security to bankers, withouo.nfringing upon the law, the
Government would be very g} Ad to adopt it.
The motion was then agree d to.
BILLS rf,ilt SCOTLAND,
In the absence of the. Lord-Advocate Lord DUNC&N
moved for, and obtained leave to bring in, the following bills :
—Bill to consolidate awl amend the Laws relating to Bank-
ruptcy in Scotland ; Bill to make further provision for the
Removal of Nuisances and Prevention of Diseases, and for the
Police of Towns, iu Scotland ; Bill to regulate the Procedure
in Actions, Causes, and other proceedings which are at pre-
sent competent before the Court of Exchequer in Scotland.

- PRINTING OF THE HOUSE.
On the motion or M. WILSON Alp printing committee
last session was reap,,,ointed.
The house then acPounied, at a quarter to eleven o'cloa,
till to-morrow (thi', day).

THE iSTSPENSION OF MESSRS. JOHN

SCOTT RUSSELL AND CO.

rie suspension was announced yesterday afternoon of
M'assrs. John Scott Russell and Co., the firm at whose
• orks at Millwall the great ship for the Eastern Steam
Navigation Company is in course of construction. Their
liabilities are stated to amount to 180,0001., and the
value of their assets will depend much upon the success
of arrangements in progress to prevent the abandonment
of some of their principal contracts. Measures have
already been taken which will secure the building of the
Eastern steam-ship from being impeded, and it is said
that if similar means can be adopted with regard to the
coinpletion of other vessels and works on hand a com-
paratively favourable result may be anticipated. The
following circular has been issued by the house, calling
a meeting of their creditors for this day week, by which
time it is hoped the contemplated plans will have been
matured :

" Millwall Works, Feb. 4.
"Sir,—lt is with deep regret that we have to inform
you of our inability to fulfil our engagements as they se-
verally become due, and have therefore to solicit the
favour of your attendance at a meeting, to be held on
Tu?sday, the 12th instant, at noon punctually, at the
Guildhall Coffee-house, King-street, Cheapside, to con-
aider of and determine upon the most effectual and
speedy !node of settlement and we trust that the ener-
gies which will be exercise,l during the week will enable
us to place before you a project for effecting the before-
mentioned purpose, which will, under all circumstances,
be considered satisfactory,
We are, Sir, yours obediently,
"J. SCOTT RUSSELL AND CO."

one
We believe that
.offi trcival
theecl
THE DOCKS AT SEBASTOPOL.—
intelligence has been received of the
tion of the docks at Sebastopol, whichhave now all
been blown up.
ANOTHER LARGE NUGGET.—We yesterday inapec t
at Mr. W. Clarke's shop, in Collins-street,
on ofa
finest nuggets we have yet seen. It was found at Daisy.
hill by a Mr. Stephenson, and its weight is 715 ounce;
Larger ones have been found, but none, we believe, so
rich—yielding as it does 526 ounces of gold, or about 75
per cent, of the gross weight. This is the nugget about
which the dispute has arisen between the Custom-house
authorities and the lucky owner, as to the amount of
export duty to be paid upon it ; the dispute, of course,
banging upon the question as to whether there is an
export duty of 2s. 6d. an ounce upon quartz and iron-
stone as well as upon gold. Mr. Childers, we believe,
is of opinion that there is ; but the gold brokers think
otherwise ; and the hon. collector has referred the matter 1
to the Attorney-General.--111c/bourne Paper.