The Sun.
London, England, 1856-06-27 00:00:00

Tit- ')/T4' SUN, LONDON, FRIDAY EN ENI Net JUNE 27 1866.
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eeding to discuss the bill, with the various amend- &Teen formed of the sacredness of the holy bond of ma. I delay were 501. the first day, increasing 50/. per day tor took upon himself the distribution of testamentary pro. years old. In another case the registrar was appoint d i
toionLmrhemaseurr,te, and that it had the support of he
IMPERIAL PARLIAMENT. pinreoncta
proleosed in committee. (Hear, hear.) trimonY• Whe n the report was brought up, he should I every day's delay after. perty. In process of time it grew into practice that if a reversion at seven years old, and confirmed at titteeine Inn
feel it to be his duty to move amendments which would Sir. J. PA KINGTON-What is the duration of the inan died possessed of 51- Property in the diocese of Can- other cases the age was six, five, and in one case was a The committee divided •
e
deprive the bill of the facilities it sought.,to afford for contract ? •a 7 rlr terbury, his will must be provect in' that court, and the tender suckline of three years old. He was yet prepared For the motion 22
. HOUSE OF LORDS-(YEsTERDAY.) The Marquis of LANSDOWNE, as a member of the
same in the diocese of York. In time the metropolitan to give them abfull enjoyment of their rights during their Against it .................. . ..................
court became established for the purpose of combining lives. The re'urns of 1812 and 1850 showed that deduct-
select committee to whom the bill had been referred,
divorce avineulobfaeleaieß flint thie- measure' would lir. WILSON-Five years. •
Majority against the motion
d at the
Thgl&ORD CHANCELLOR took his seat on the woolsack . wished in the first place to offer the testimony of hie
touch the whole family and social life of the .corranunity, PAROCHIAL - SCHOOLMASTERS (SCOTLAND) scattered •• • • • - '' ' ' aa'
TESTS. jurisdiction which amounted to 3eo. The Jules- mg salaries of d
ju ge, registrar, and deputy-registrar of the Mr. NEWDEGATE appealed to the noble lor ,
.at 5 o'clock. -- • _ _ gratitude.on behalf of . their. lordellips-ote. behalf off her
and he, therefore, trusted that it would not be pressed
diction was so divided that it was not unusual for an exe- Prerogative Court of
on in haste. He besought their lordships not to let any The house went into committ I-.. • b cuter to be d +I, - •l- e + 1,-' ci• • b b 1 • Canterbury, the aggregate amount of bead of the Government not to proceed with the bill at
-7- Lord -LYNDHURST presented a petition from an
ty in general, both to n . . . . . ee on Lis subject, ween un er see necessisY os seethe out six probates. tee wsone salaries of their officers in England and Wales that late hour
M. ajesty's Government-on behalf, he might say, o so-
scaleek, his oble friend on the wool-
considerations of convenience induce them to hurry on
It was not uncommon for a case to be decided in one way would be 48,682/. ls. 9d. It would be, however, his len' After '
individual who had obtained a divorce, a mensa et thoro,
a resolution was agreed to on which to found a bill.
on the ground of adultery, Praying that such a circum• who had introduced the bill, and to his noble friend
opposite, several of whose most valuable suggestions had a measure, compared with which bills dealing with mer-
chandise or finence were but of trifling import, and the PAROCHIAL SCHOOLS (SCOTLAND) BILL in one court, and in another way in another. sometimes to appoint some of these officers to be registrars under'''. his eate Mr Di 1. I dra • ' 'd Mr Vance, agauls
there was one decision in Canterbury, another in York, own act, which would reduce the sum he had stated by bproc'eedin. a.itns, 4,1: ...- or win, an •
g h the bill,
stance might be made a ground in the bill now before ,
do ted b the committee. He believed that
t int • '
The house wen - o committee on this bill,
the house for obtaining a divorce a vincula matrimonii. °een ah p 1 b
yurs of both those noble lords a great effect of which, in the estimation of many, would be to and a third in Dublin. These were anomalies which might 10,0001., and he had to put down only 30,000/. for these 31r J. GwiPHILLIMORE td to the Chairman
some remarks from Mr P O'Brien, Mr. Nevi.dei
consen et
throug the a o. .
deal a blow at the whole sanctity of married life in Eng- Clauses Ito 8 were agreed to, after some verbal be put an end to by a single tribunal. Then again, in other officers. As to the compensation of proctors the whole reporiing p,* e
. The LORD CHANCELLOR did not approve of the
l d ff • h interests
that had hitherto prevai e , a ecting t e
cases, the will had to come before the courts of law-and number of proctors in England and Wales wa's 149. The which was 'alp.'
wrong
land. (Hear.) amendments.
principle of the prayer pf the petition. No steps of the
d f iet at lar e was about at length to
there were cases in which it had to come before the courts distribution of the proctorial fee emolument would enable The house'then re'surned.
of women.an o soo y g , .
The Duke of ARGYLL, notwithstanding the inge- On clause 9,
kind should be taken evithout a inost searching exami-
If h d
be extensively redressed. For years past he himse a
nuity displayed by his right rev. friend could not with- Sir G. MONTGOMERY moved the omission of the of equity. In all this there was no certainty. A ease had re- him to assure the house that the testamentary business IWAYNOOTH COLLEGE BILL,
nation into the circumstances of the case.
felt that in this country, which boasted of the most ad- , .
h f• ' H• Itt t lative to the Co f ' cently occurred in which a will was declared invalid in the produced these rectors 7001. a-year Th t* he scuund
• GRAND JURIES BILL.I anced state of civilisation the legal position of woman h.old his surprise a.t t e nature o. bis argument. is a. er par , rfe n ession of Faith on the ap-
tcompensafionf On the motion for the adjourned debate on t
Irish Courts, while the same will was declared valid and of he proposed waspan annuity for life • le reading of this bill,
h 1 t
e qounal d boe 1..ia1• e lal ati h t°
right rev. friend said that by the divine law man could be pointment o
~ sc oo nut! frs, and the , insertion of the force in the courts of this country. The committee had their clear profit. This he theueht,
for the second
- Lord CAMPBELL moved the second reading vartook of the condition laid down by the least civi•
Mr. 6POONER moved that the order
divorced, and yet he Sail that the laws must be so framed following :- W.hoheshacllhdeclare when elected that he is brought forward some striking instances, and had urged the young and the old'. The whole wcompensatilorn vs° oul3 bill be with-
'ne "this bill.. The principal object of this bill Find and most barbarous states. Certainly her condi- rreeess,taond to ask leave to si again on lifondeb
reading of the bill be discharged, and that thethe
as to make that permission nugatory. It was a most not of tee Establisditdio ufrch. of Scotland, shall, not be the necessity of restraining the ecclesiastical courts. It was amount to 52,150/., but there must be a deduction from unParlie•
was -to altar the present system of swearing tion in this country was inferior to that of any
anomalous state of the law that the rich should be al. required, as a oond ne o his admission to or enjoy- agreed on all sides that these courts ought to be abolished, the compensation to those proctors who might be appointed drawtp. He eotpaplained
.of what he clle,d
witnesses before grand juries at quarter sessions of as- other modern country ; inferior even to what it was
' h irachieved over the
lowed divorces and not the poor. The fact was that at inent of the
hsaaindeoffi , p sign before the Presby. and the next question was, what ought to be substituted to office under the bill, reducing the whole compensation
. size. The present system was objectionable, and this
amonest the Romans, the great origin of the civil
the-
resent divorce was not allowed at all by law ; for it tery of the o (Tula of the Church of fnr them.? Tho firs.t thing to be done was to establish a to, less than 15,000/. yearly. There was another class- opposition of oienne livine ahrluomhope he
d dead Government. (Lallgh.
- bill, he trusted, would remedy the evil. The bill was law. 'On the subject of the cruelty and injustice of 13
•ed b tehe
took place only under private acts of Parliament, which Scotland requir _ y 6th section. of.' the 431 sie.nle tribunal, acting on the nicst speedy and eeon?meal that of the aged clerks who ha 4 grown old in the service, ter.) He should renew' his motion next session. e,. F.
opposed by the Earl of Derby and other peers, and he the English law towards women, he would not have
aw It Geor e the Third, chapter 54 but shall in I principles. It mieht be a question whether the princi le and devoted themselves exclusi I t • • '
ve yto his description of
were not ordinary law, but departures from the 1
.. ieu thereof
After some remarks from Mr. H. HERBERT, .tur.
fl• • f •t° ht • - p h ' Th • b
therefore trusted their lordships would read it a second their lordships judge by the cases that had come before
d kegthe followin declarati'on -' I, AB do hereb oaw or o equi y ong to prevail, Ho would state to -lames& --ese Puget amount to somewhat more then r.,D
lintesneaartrsfoapsiosi leota
tthhee
tbill hikd
.imet
ax:: th but expressed
uow became a questiou as to what t.he law should b. e, an
; .., ..RIEN, and also from
y the house what the principles of his bill were upon 100. Some of them 11 b 'cl df •
wouTh e prsialvi. 0 or in the die-
time.
them. Undoubtedly numerous as were the individual in-
dmal th tI do gsincerel o : d • :.'
it could not be permitted to the rich to have divorces ec are, a . . ywn an believe the whole that subject. They were simple in detail, dth • trict registrar's offi
Lord PORTMAN withdrew the notice he had given stances of great hardship and injustice coming before
doctrine contained in the Confession of Fai ig, t, therefore, take 60 Herbert, on Wednesday, on the bill, as disgraceful l'l
and not the poor.
th approvon main object was to shorten the disputes which annow aroesier clerks, and givin tireeene• hal7thmei
g r salary of 100/. a•year, sense (Cries of " ord r") ,
* :the other night respecting this bill, namely, that it be our lordships as occurring amongst the more elevated
The Bishop of OXFORD•explained. by the General Assemblies of the National Church, and between different claimants to the testator's property. Of the compensation to sixty clerks would amount to Th. •1 a ' e '
e or( er was discharged, and the bill withdrawn.
' read a 'second time that day three months, and trusted
yclasses of society, they were as nothing compared with
Lord REDESDALE, as a member of the commission, ratified b law in the year one thousand si h
x undred and course during the pendency of such a dispute it was 3,000/. The compensations would altogether amount
BILL.
that certain alterations would be made in the bill when the amount of injustice and cruelty inflicted amongst the
yd
fr uentl confir d b • Mr. NEDEGATE, who characterised the addresd,of2dours.
SSeEhNaTtEßtfSis AIARReIAGZ .
..
u, _greed
having come to a conclusion contrary to that of the othber iii.inety, an. eq
.y me y divers acts of Par- impossible to make a settlement of a personal estate, nei- to 160,0001., but the fee fund was 181,e00/., leav- The ameDnid e considered aa P
their lordships went into committee thereon. lower orders. Now, what were they perpetually wit-
, . p p ein an adequate measure for ing a sprplus of 10,000/. Besides which the ennui- to m t h hll
w r
After a few words from Lord BERNERS, nessing .
' 2 According to the law a woman deserted by her c.om.missione.rs, he felt bound to ?ppose the measure, e. ament, since that time, to be the truths of God and I ther was it ossible to rovid •
1 1 d sincerel i th
Of, the
The LORD - CHANCELLOR said he thought the husband not merely for one year, but for six, seven, and iieeleg tha,t it would encourage immorality, and that by do so enen Y and
dec_ a Ytil n e Presence of God, pro- real estate. In some degree a remedy might be found by tants might be expected to die off, which in a, few years
, icnoctietrutili3gdartiaiceeedingil in the Court of Chancery for a re. would relieve the fee fund of half its amourft. Reverting house adjourned at two o'cloYck.a 1 g
the la wof God marriages were indissoluble. He was per- fess, testify, an 1
s,a..aotense schoolmaster of
mod
as b pireju ice or. subversion of the
of thaer The other orders of the da h v'n been disposed
bill would tend to great good. The present mode in eight years, and thus compelled to provide a subsistence
del I will not exercise the ' teemateatyo NIT a azy imperfect one. When
tto otthter subjents, he could not see what reason there was
suaded that in the vast majority of cases in which di. in the h
' ths"thar"f to thent la'
pers'on died inr
.-...........
which the nlerk administered the oath to witnesses - • for herself and her children, was liable at the expiration
cols notteetany reason that
.1111aEnhlealticisir
tohf Irlsh tribunals should not be available -
some standing in one place and others in another, of that period to have her earnings taken from her for vorces had been allowed, it the facts were known, it functionof
se
would be found that they could not have justified the Church d c. . established, or the doe- Luld be urged against leavin
fore the court, giving powerlo alaord:r oothe estate be- i $
hld b • b ene ore proposed th.at English decisions ,
Country laarkets. .
in a crowded court and amidst great confusion, the benefit of a corrupt and debauched husband. He
f the court to sou e availa le in Ireland, proposing that by a future
collect and administer the personal e_state, and.if necessary bill,c,insheudd be provided that Irish decisions should be
se
course of whielnit was to carry on the trade of the deceased man during the pen. rncoenise .in g nd. These were the principal provi-
was calculated to create a feeling not consistent with might mention many instanCes in point ; he would how-
••
divorcee, and that in every instance the divorce had triAnesdeisnchsparldeeguessatehdefonfat'le
caused the misery of both parties concerned ; and thus
slops of his measure, founded on the reporte of preceding
d Ea la
the solemnity of the Occasion.
ever content himself with naming one which bad been
the result would be to sho es that it was best for the strongly urged that the passing of the amendment would deuce of the litigation. Thattherefore was one of the main DERBY SMITHFIELD.-.TINII 24:
After a short discussion, in which several peers took brought to his knowledge. It was the case of the wife
h ' -f 11 t'es that crvo sh Id not be al- be to secularise the education of the poor in Scotland. 11. ''
h d •
apprness o a par 1 . i nee sou t rugs e esired to accomplish by the bill. It was highly committees, all of whose recommenda.tions had been car- Our arket
m was not so well supetee a
few left ussalo.
part, the bill was read a second time.
of a, shoemaker who had been aba,ndoned by her bus-
• lowed When children existed divorce was always most The LORD ADVOCATE opposed the amendment. desirable that the court should ler'ive an independent exist- ried out in the bill. If these courts were to be abelished t '
oh-day, and the demand was flet, h but the 'W.
b `nil large
DIVORCE AND MATRIMONIAL CAUSES BILL. band.for a period of seven years. On his desertion, . •
ich disastrous. It was a mockery to try to justify the Mea- The committee divided, when the numbers were- once, and that it should not be mixed up with the Court now was the time for this to be done If these co rts 'wer'
_ u eT e numben of sheep and lam swa , UMW
.
she had set to work and learned his trade, wh
Fee the amendment
ow I was to be done but was not quite so good as on some past markets. .
___ll
On the motion that their lordships go into committee
sure on the ecore of supposed equality. It was not a
prospered with her, so that she was enabled to
Against it
107 mixed up in any way with that cou t •t,
r, I would get misted by suen, a pleasure. If they desired to afford relief to the more numerous Fat and store calves plentiful, anc.l w"ie
on this bill,
measure which opened equal facilities to rich and poor.
•
Lord LYNDHURST said-My Lords, I think it will *de a sustenance for herself and family. At the
provi
hhh d #
end, however, of seven years, t e us aa re.urne ,
d The expense of proceeding before the new tribunal would Majority against the amendment--56 up in the ene •
g ral vortex of business. When on a previous country, they should take the opportunity of establishing sold. Pi ' •
gs plentiful.
Aid to 7d;
FERGUSSON then rnov d occasion he had a measure before the house •t 11 d a sin le tribunal to dec•ii 11
1 . was a ,a, . g i e a questions respecting testae
be considerable, and render it inaccessible to the poor. Sir J. eas an amendment to
y The following were the quotations :-Beef, -e- eed per
be for the convenience of your lordships, before going when be immediately seized all the profits of the wife's
I h t h that his intention was to amalgam tth * utestracy. The hon members to whom he had alluded mutton, 7d to Od ; lamb, 7ed to 8d ; veal, 6d tc ua os
If tbe matter were referred to inferior and less expe. tbe sat,T, c ause t a asc
.00lmaster on his appointment tors' Commons with that of the Coa
uert :_ busianess of Doc- a
°rs
lassistine him • '
with thei s a- to
lb. ; pigs, (Os 6d to lls Od per score ; rough fat, 4s 3 el&
into committee, that I should shortly state the substance industry, and went round amongst her creditors collecting
ienced and less qualified tribunals the effect would be shall make or subscribe the Confession of Faith and had lateen wa 1 b fCh ncery. He 0 r uggestions had aereed to with-
met y that measure, and had taken ca e t draw their own bill in favour of th h '
e one e now proposed. per 141 b. ; hides, 3id to 4d per lb ; calf-skins, 3nd to '4
of this bill as it comes down to your lordships, amended the bills as they became due, and appropriated the pro- r
-fi ' 1 cl. H 'cl d h d
in cute y lustrous. e consi ere t e amen ment formula of the Church of Scotland mentioned in an act einbecly in this bill such unmistakeably 1 r° If they read the bill a second ti
ceeds entirely to his own benefit. (H. ear.) Now it was
cmeaar nactneents me, he proposed to take the p lb
by the select committee. I believe your lordships will
reasonable, and should support it. passed in the 43d year of his Majesty George the thatnvould render •it impossible for a-n 9s y that committee pro forma to-morrow, so as to enable all ho -er *
e mockery to talk of a person in the position of a .
Lord CAMPBELL said, as a matter of fact, be must Third, chapter three, section fifty.eeer,e Every pone, the business of the new testamentary conire avOluld b:rnixed members to be acquainted with its deta• n•
1Eim50mm........1
. ils. He moved,
approve the amendments suggested by that committee. 11.:'
snlrernaker's wife having her remedy against this treat-
EDINBURGH GRAIN.-JuNE 25.
state that the lower classes complained most bitterly of hereafter to be elected toany such office shall raake and sub- up with the business of the Court of Chancery. With that' therefore the second reading of the bill.
.4 for
.
The great obient which we had in view, and which in ment in a court of equity. With regard to actions for • d witk fat beasti.
We had a good market to-day agail. Sales ci-- .
.
the present law. Of course, there bad not been a public scrilbe, ie thefpriesence of
.the minister and heritors, the vei en
wt
1 ehmeahhactlheadopteit3.l a
fsuggesfftion of the hon. and learned Sir F. 'KELLY rose to express his earnest hope that
caonudrthtaodtihnetrio,odrudeel an Lhise(liznewaosuurled onforwef;a)rm, sot:ndutchttxpected and so long de-
fect the framers of the bill had in view, was to establish " criminal conversation," he considered that not only
heowlk,
wheat, and prices good for all sorts.
8., dfo solemnly and
igntermediate apnp'eernal ferrom theu
a separate tribunal for the decision- of matrimonial causes were such actions corrupt in their nature, but they tended inaeveeti
hr gld osfv rvaerstit !Ivtit lialli bezaiora creftiiirt uneaet:t:gi:o d
aincentyi,onim
tohleo s;sirm
he--
ce o'l', Gtd,
likewise to corrupt the public mind. Such accitirlas were II
Pciale shad. declare, that while I am parole
rhoiaeiss,stify, and) tices. He thought the house would accept that as a coin: Ile referred to the I:rreTlin,gs in tehe %le
i())/ gaci,sl,llly)trL
hp7leittri; ttotTpil 6soOhdtu,
taond :rind tl: e
14107 71%2: tie!
When that object was considered we came to the con-
partie;in such 'a
position plishing their
lete.sreudria (Hear, bear.) There was another function Sombre, which had been before the courts for five ye/re, averaee. Oats on tee top 2s 011 isp-on the itler_le:
elusion that its composition should consist of my noble unjui st with rethspect to atll
ttehetpaertwieesmcoanneewnheos,e uothaesrapee:
But in cases of bigamy the excuse often was, that the schoolmaster of , I will endeavonr faithfully, r,
ctial yso wi respec h h h 1 ,
rtt to discharge, and he should wish and which had cost the parties 20,000/. Had the present Os 6(l'. up. Beans on the top ls up-on the aye"' '
woe had run away with another man. What a mockery and to the beat ot inY abilitY, that my teaching shall ti: iTilave an oile'peowrtcuonni y of explaining it. in per,onal proposed bill then been the law, it wou. ld have been settled Os 7d up.
in so many months, and at an expenseuacalculably cheaper.
friend the Lord Chancellor, the three chief judges of
it was to tell the unfortunate man in such a ease that he be in accordance and consistent with the Holy Scrip- property, the Ecclesiastical Court, -as hon. iriaen'abers .
.
er was at stale, but w o, nevert e ess, could not be
the courts of common law, and also the Dean of Arches. heard in her defence. All parties, quoad the ends ofjus-
intht 7itioi, the House of Lords and obtain a divorce. tures, and. with the Shorter Catechism ; and that I will probably knew, constituted a personal representative, AVERAGES PER IMPERIAL QUARTER.
He went at some length into the provisions of the bill,
se3 17 8 1-12thg.
Wheat
It was resolved that the Dean of Arches should continue tice, stood in a false position. It was a monstrous as-
op of ST. DAVID'S supported the emetic'. not exercise the functions of the said office to the and he proposed that the new court should have the emphatically. recommending those portions of the measure
sumption that .i;he loss of the affections of a wife was to
Do. new
to sit alone as at present in all cases coming within his
t dd -1
dh' dh ' t th f • r • (.1' b • f h n • • •
men ,an ec are is a esion o e argument o his p eju ice or su version ot e Church of scotland as bv power under certain restrictions of constituting a real re- which provided for abolishing written evidence and
2 4 7 o.l2thss
be treated as the loss.of an o .
rdinary chattel. Such cases
Barley
jurisdiction, while with respect to questions de vinculo d• • right rev. friend. With reeard to thR last observation of law established, or the doctrines and privile -
ges presentative. BY this means many difficulties that now pleading, and generally simplifying the process. He also Oats 1 13- 3 9-12ths.
-filled as they oftentimes were with the most isgusting
arose in the administration of wills would be avoided. He recommended the house to agree to the propositions for ...
ths;
matrimonii the tribunal should consist of the whole court, details -o erated in the most unfavourable manner the noble and learned lord, the excuse alluded to might thereof ;" and such declaration shall be recorded in the
Bean 3
propesetd that the new count should have the power of compensation conferred in the bill.
be made under the present measure. And the question minutes of the minister and heritors of the parish in
or whatever constituted a quorum of the court. It n bl 3 bl• ' d One of the earliest of such
pon t e pu lc min .
g official administrator who
could not rest here. The proposed bill would only flti-' which the office is held, before any such person shall at Tel: Inf, an d• • • should supersede Sir JA.MES GRAHAM would not object to the se-
,
BOSTON-JUNE 25.
was further considered that as far as relate t l -d in the reign of Charles II , who
s o appea s, causes occurre
• mulate a demand for similar legislation in relief of those enter on the functions of suchloffice ecu or, or or inary administrator, against whom any cond reading of the bill. But he could not say that, as was
the appeals from the single judge should be to the was induced to attend each day while the case was going
cla--,ses who were not reached by this bill ; and the ult. The LORD ADVOCATE said he had
••• - •
no objection
, complaint of inefficiency or misconduct should be sub-
stantiated. These improvements would vest in the court 13
explained by the Solicitor-General, it met in all We had a limited supply of wheat, for which therenins
oints with his approbation. He objected to the new coutt a brisk demand, at an advance of 33 to 4s per en
_Yoe
whole court, and appeals in cases de vineulo matrimonii on ; and so exciting were the detahilesarodfttohe triathl
atot Lies
mate result would be, the extension of the jurisdiction to the amendment, and if the onents of the bill w Id
that it. would prove in fact to be n new Court of Chancery, and beans being scarce, sold.readily at enhanced P'-'
Majesty, that he was
.after wards. . say. T
oluhe
itmhaesammutsatapiotwweorusit(hat could. be required for any.ti ibunal,
to the county courts. He could not view Such a result censent to abandon all futureepoppposition to the bil depriving that court of some of its hiehest functions, and In barley and peas nothine doing.
1 give to it not only ministerial autbo-
-9e 04 ft('
should be to the House of Lords, not in respect to mat- dines were as highly entertaining as a play. hat .
term of fact, but with regard to matters of law only, which rep riochete
y e i ying avowa rom a overeign
not'be a ver df • I f S •
ma ine e presen ancery s a ar too great. Then he Prices :-Wheat, red, 66s Od to 79s Od; white, 7 oats.
without apprehension. (Hear, hear.) would ask the house to agree to it. (Cries of "N ") rity but eq it ble ••d• t. Th • • k• eth tCh tfff a'
' - -
o, no. , u a jam ic ion. ere,was another peeve.
testacy. The hon.. and learned gentleman having pointed Pe
Lord DUNGANNON hoped ample time would be Alter some remarks from Mr. BLACKBURN, sion, namely, that the court shoula grant certificates of in- thought that at the present moment, when the whole ap- 82s Od . extra, 85s Od. Barley, -s Od to -s Of!'
ees oa.
o 0 0 0-12014
cases, however, would be of very rare occurrence. Now, en the throne, nevertheless it proved how exciting crime
llate jurisdiction of the House of Lords was about to be 20s to 30s. Beans, 43s Od to -48 s Od. Peas, ---, w
given to consider the nature of this fearfully-awful mea- The CHAIRMAN, on the motion of the Lord Advo-
the law, proceeded to say that he intended to make the 7
I think my lords, after considerino• the tribunal thus con- eon. actions had always been regarded in this country,
out some of the evils resulting from the present state of brought before them, it was hardly desirable to send fresh er r
appeals to the House of Lords. He still further objected to r q •
sure._
_The question yeas one of a most serious an.d cate, reported progress, and.asked leave t-o
sit again .
.
stituted, you will agree with me and the committee that and with what avidity the details vrere watched. The
awful character, affecting most deeply the moral condi- The house suspended its sittings at four o'clock
expeditious possible kind. •It would be based upon the
NEWARK-JUNE 25. '
mode of procedure under his bill of the cheapest and most the proposition of a double appeal, first to the Lords Jus-
tices, and next to the House of Lords. He ridiculed the A ~,, ild
it is one likely to fulfil the objects for which it would noble marquis, who was neanly inaudible, was the.n.un-
tion and social happiness of the community. He believed nes '
derstood to argue generally in favour of the provisions
idea of printing wills, as he was sure the printed copies We had a good supply of all kinds of grain teeek ',.:ve•
be appointed. ft is a court dighified in rank, and neces- of the bill, though he seemed inclined to the opinion that its effect would be to increase fearfully the amount The house resumed at six o'clock. Common Law Procedure Act. He would not, however,
w,ould find their way to the chandler's shop. Nor could he
eerily fullof talent, from,the situation held by the judges. th tit mi ht have gone further with great benefit to the of immorality in the country. ANSW ER TO THE ADDRESS.
which wills would henceforth be proved. At pres t the
dwell upon that point, but would pass on to the manner in
aeree to give ue the interventiou of a • r • a fair amount of business doing in wheat, at an i°93:rer
But it is not more competent than a court ought to be c a Igy. Lercl DENMAN alluded to a recent instance of mie- Lord DRUMLANRIG, the Comptroller of th H hld
maltig
which had to try such important questions as would oc- oTrrinmeuLnol RD CHANCELLOR said, as the person who fortune arising from the present state of the law, and be- brought up the answer from the Q -leen to eth:und°e s
in the Prerogative Coart, or rather he should say by far
~. greater portion of the wills that were proved were7roved Ce thought th: function of a jut
vr•l's'iLM cael:Zeile than last week.
ment of 3s to 4s per qr. Beans and oats ls to 2s eve
Wheat, white 80s to 84s, red 75s to B^s; barloeye.g., enst,
lieved that if time were given many petitions would be from the house on the subject of Irish education. r 7..; exercised than any other-the funyction of deciding as' tyo
the sta,te of mind of a testator at the time he made his will.
casionally come before it. So much then with respect to had introduced the bill to their lordshipe, he wished to
sto -s, grinding 38s to_4os; oats, 24st. 348.1. otTo. 4
the greater amount of property involved passed through
463 to oOs malt 726 to 74 /V' '
the new tribunal which • •
, I think will be considered quite y few words res ectin ' the alterations introduced Presented in favour of the bill. was as follows :-
the Prerogative Court of Canterbury. In those courts the In the matter of compensation, too, he thought the Solici- -
satisfactory by your lordships and the public. Now, as sa-
ha •tt IrV•th ge
ard to the ro riet or The bill then want into committee. " I fully recognise the dat of extending as widel as
Y power of practising was confined to a very limited body of tor• General had gone too far especially in proposing com- to -s ; tares, -s to -s per qr.
"-si to 303; beans, „
'
to the alterations in the lawintroduced by the bill before by t e Foram' ee.
l.
h.i r g
lt
ethepr p y
The Bishop of OXFORD warmly protested against ossible the blessin sof ed 3'
• •
uoatTin in Ireland, and your professional gentlemen called proctors. He had not a word P
rwishes and recom gntdoatthions wir
ffalways receive the con- to say against those gentlemen in reference to the manner ensation to the proctors. Still he thought the bill ought MIMAITIvn,
.
your lordships. As the law at present stands when a impropriety of abo is. mg adctienhs aog he
laveuld
the refusal of delay.
to be read a second time, when its provisions might be .
.
observe that such actions ha hit
fertoh beenlprevfa ent i.n
Lord LYNDHURST reminded the right rev. prelate sideratikon justly dmuee . em. t a ords me great satisfac- in which they performed their duties, for their work was
wife is divorced from her husband upon he; etition
modified in committee. SBA BO.RNB lifd I LS. ;
this country in consegnence o t e ru a o ti!eir
couiplaining of the conduct of the husband eitherron I th^t th •d th b•-thdb bfrethe •
e e evi trice on esu jec a een e o non to now that experience has proved the existing sys- pnrformed most admirably, and they deserved all praise. Air. COLLIER also objected to the constitution of the e
t'e lordships' house, that a divorce could not be sought with-
Post *idea
ground of cruelty, adultery, or both, she is in the situa- house for some weeks. tem of national education in Ireland to have greatly pro. Nevertheless, it was a manifest injustice to the people that new court, the whole business of which, he thought mieht
tion that whatever property she gains either by her out a verdict having first been obtained. The present
hill, however, did away with all such necessity and en- The Bishop of OXFORD said ha was prepared to ells- moted this important object. It is my earnest desire to
see that system upheld and strengthened by a strict ad- justice except through a privileged order of professional
they should not have the power of approachiPg a court of be efficiently performed by the county courts. He'svotild (N signiftes that the malls are sent from the General
iy the night-and M by the morning-Acapatch.)
_______
_____________-----------'
own labour or skill, whatever property devolves upon cuss it, but other lords were not.
not, however, oppose the second reading.
abled a divorce to be granted upon the merits' of each
. ,e en
pnrsons. When persons wanted to prove a will or to admi- Mr. MA.LINS complained. of a measure of so much lin-
her either by bequest or otherwise, that property belongs On the question that the bill be reported, herence to those rules which, by excluding all compulsory
ulaotyaapfxfzianhizilidditanhia Ziv:a(Nlei:zfne:7,loestihr; )ay when ma te or from WI- ue lo
case. He thoueht therefore that throueh the na.
instal. an estate they. want to. a solici tor, and were compelled portance being.nrought forward at so late a period of the
to the husband ; and not unfrequently, I may say ge. The Bishop of OXFORD moved that it be reported religioue teaching, have hitherto secured parental autho-
COUNTR.I.E;. In General Post- Per, E ‘,40n1
tural good feeliniof t'he commun'itysuch actiols in future
nerally applied by him, not to the support of his 'wife, would be v?ry. rare. They must not, however, be en- that day week. rity, the rights of conscience, an,cl the religious liberty of
e expenses° eirproceedin session. He objected to the abolition of the ecclesiastical Oahe, London.. Dispatch,: . ....
courts and contended that the preferable course would ______
Weeldr
but to the support of a mistress. (H ) I
ear. t was non- tirely abolished. And be confessed that upon that Lord REDESDALE thought this request not un- all den ' • • •
ominations of Christians. ' people from this obligation, which undoubtedly added to
gs . power to try contentious cases in the same manner as was
have b'een to strengthen their functions by giving them twerica(bytirtt.park)2,
eidered ri ht to ut a
g p n end to such a state of things, and oint be differed from his noble friend who had last reasonable. The following returns were ordered 7- the difficulties as well aa to th fth • '
tai'alee
kmcrice. (by United Sty _
klvery Eridav - , Liverpool ..
accordingly the committee have decided unanimously apddressed their lord hips, inas nch as he did ot think Lord CAMPBELL observed that the opposition of Oa the motion of Capt. SCOBELL; "Returns of the He proposed therefore that the mode of provinga will should now done in the Court of Chancery. The course which he
that where the wife is separated from her husband by a, t • s - rn
• n • th right rev. prelate eas to the principle, and ought to narnes and rank of the several officers of the army and be conducted in the simplest, the most expeditious, and would recommend with regard to all the bills now before trzerica (by U. Sstar
...... . southamot,. INyeeld9.
here were no circumstances under which an action for e
' packet) ..........1,
packet)
divorce a mensa et Moro in consequence of his miscon. d ht tt, b b oueht Fth •ht b
amanes onnh lin J En r e
.. or epa mig.
()ef be taken on the third reading. y now holding civil appointments in the üblic ser- the most economical manner. No doubt the r
g eatest care
u e ant. to a select committee, with pool)
Parliament for the reform of the eccl .a. • •
esi stanal courts Was eastrana (via Liver-
.......... 1, Every 7 uesday Liverpool ..
this that the sho Id b
duct, all the property tla'at she may afterwards ac uire Lord SrANLEY of ALDERLEY said it waa irre u• 7 ithin the United Kin d f 13
cases in whic grievous Injury, in a pecuniary point , . .
..
.. _ t . . g _
.ce w gom ; o the date, descrip- and caution should be used, and that probete shonld be .
...... , Dover ......
either through her own exertions or as devolving ogn he; view, was done to a poor manoby the misconduct of 'ar to postpone the report on a bill, he principle of tion, and annual salary and emolument •of each such d *tt d *th t h t f kin°
amiewi ou t e consen os i ful and experienced 't l *YI •
a view o egis shun next session. Ditto (via rifarseilles) N
Ditto (via Cape ot Gool ' .
nceertA hi
i 0 any way whatever, she is to hold for her separate Use, his rich nei hbour and therefore it was but just that which was adopted.
civil appointment ; and, of the annual amount of half- persons specially appointed. Ho proposed therefore to
establish a testamentary office in London consisting of After a few remarks from Mr. John Phillimore, Sir E.
Parry, and Mr. Robert Phillimore, Mr. Bowyer, and Mr /lc") -**-**** -1` ••• ...... - 4'.
6'h 04 114'.
and can dispose of i •
tas she thinke prep:r, either by dee'', coropensatiegn shoUld be awarded to him Ilis noble '
The Bishop of OXFORD said he and his right reV. pay (if any) which each such military or aaval officer re- able and experienced men, and so constitaed that there watenn• - Africa (West Coast)..l. "of thP month . Plymouth .. •
,9til
... ,‘ 10th g, 26th et e o Dover ....•• ,d t ; ;,,e
will, or otherwise. I think, my lords, that you will be f• d • • o . th t••
h
teen wns in error in supp sing . a in no ot er friends were obliged by their duty to their dioceses to s ectivel receiveP in additi nt th l d
p y , . . o. o e
,Ei,a ary an emo- should be no danger of a will being passed which was de- The bill was read a second time, and it was agreed that tiaexanatilaa::::::....'lli no.'n 2t',l' *-1f ni°' '8"
, tharnpt 4 t iv*
of opinion with the committee, that thia is a revision country in the world were such actions brought. In k t 1 t• bf h d
ma e engagemen s a ong inee e ore an -engage- lument of each such civil apporatment. ficient in the required solemnitiee He proposed that it ....... e ....ea ,Itin and 19th ....,Liverpool ..!Two a 111 °
the bill should to-morrow (this day) be committed pro eahamas ..• •• •• - -al rah of tbe mon: .ISouthampu r. .16th -
which justice requires. (Hear.). But anothel; feature ments they could not break-and many of his right rev. On the motion of Mr. DAVISON, " Return of the should be conaretent to any man to bring to this court any
proposed bmendments.
forma, to give an opportunity of reprinting it with the Belgium ......... ..*ai !)an5.......... Dover .. •• -,' 16.
Scotland they were brought-though rarely, certainly,
Brasil .............. NI 9th ol the month., Snithairp',, ~..hily !..
!lei the present state of the law involving a great hard- friends were unable to be present. number ef licenses granted to spirit dealers in Ireland will of which he was tho executor to be left for probate.
es Ayr s ..,,m 9*. ', rh.. moot' . S iuth.tini•toi Vuly 16
~,
because they were not necessary as a preliminary
h p towards a woman in the situation I have jast t a dive If the • • fth c •
rce. opinions. o e om.mittee weile Lord DUNGANNON supported the postponement. not being retailers, in 1852, 1853, 1854, and 1855, distin's He would meet in the court ofincrs who would examine REGISTRATION OF VOTERS (SCOTLAND) BILL. Fgpene of dooed .1.1.0.p.e....N 'Uncertain
described is this, that she cannot maintain an Their lordships divided- guishing those to whom retail or Public-houses licenses the document,. and give him the probate if the necessary This bill was read a third time and passed. Cape of Good Rope ...1, 'O.
action. She may be subjected to any injury whal d?ivided on the question, still the insjority were
For the postponement 9 were also greeted ; like return of the number of licenses solemnities existed. On another point he thought he should
have the concurrence of the house. Every hon. gentleman Mr. BO UVE teIE moved the second reading of this bill.
POOR-LAW AMENDMENT (No. 2) BILL.
decidedly against the abolition of actions altogether.
iioth and 26th....1
4 & 26 .
7 granted for the retail of sperits in quantities not greater
- ever-to personal violence of the rossest descri tio Against it
g . . P e• The tribunal was nearly the same as he had proposed it,
hadrtprtbly seen the peobate of a will issued by the Sir G. PECHFLI, protested against proceeding with ,C,esl.ti-inn.,- —. . I,i ,14,,Ath,
ea r.
,dv 20 tll ; .1. .
, Aouth prop su.'l'll•!*At'
Ne th 1 h • •
ver e ess A e can maintain no action i h
n er own but with this exception, that three of the chief justices, Majority
Navaysergirmossoed. in
dparchment, well written, and such an important measure after midnight, and moved the 'n'i-siii. ..a. •: ::::::::20 I'd l't.'''''''•:;; mono' lioulhainp• 0 June 26'
name unless with the
. consent of her husband. Again, instead of the delegate of the Lord Chief Justice, should The bill was ordered to be reported on Tuesday. promisee, setting forth the numbers of those whose pre- caouar'e tl
'4 and A
she can enter into no contract or I
, . i she does she has not sit with the Lord Chancellor and one of the judges of the SARDINIAN LOAN BILL. unises were valued at or under 25/. annually, at 251. and e•aps alwhayys of a Ymostpinsronveoneihenatenut, laud
t for all this it adjournment of the debate. '4th and 20th ....
colleya:codne(yecerindsdt.a.)....N "r'' n, r. -nnrirt. Southatripto! 7t6lit'of‘,9n,
China ... .
' d 0
able claaracer, Mr. &my-ERIE suggested that the better course wonld Constantinople .......S ' • Oth arid 2Gth.... ['ever •-••- 2 an., sa
the means of enforcing the, obligations contracted to- This bill was then read a second time. under 30/., at 30/. and under 401 at 40/. and under and useless for all *practical urpo;es n'TT
el si stical courts. He had no objection to the • t
Ile prliaatli be to read. the bill a second time, and take the discussion Censtantlnop:e.......;:z., .i. 4 4A ,&,ehinkyo!..l,!.! . • Eejetime!o.. re. .
wards her. Aceordingly. the committee have dec'cled edcucteioan of the provision recommended with regard tino trhoe- Their lordships then adjourned. 50/., aud upwards, for the Ilk.; peric'id ; like return of ing had done much for generPal literaitire,M 'avrit onTghoeinhgooinstootzommittee. 'E'nt tn(sYiriaia)
Twicedei
tehuat wh.ere a woman is separated from her husband under-
the number of spirit retailero or publicans who sell departments of science, it seemed to have done noetheiring` for en divided On the motion for adjournment. eg,;ce
.. .. .. .. Ai Is e , Twice daily.-- Dover ...• • - - 1
*.
rights of women when divorced. Anxious that the relief
ch
.cire.umstances, she should be in respect to Fining. eboold bc as reciprocal os possible, however, it cou/d not HOUSE OF COMMO-NB.-YESTERDA Y. spirits, beer, (nee to be consumed on the premises ; and the law. There was no reason that ho could aou why every For the motien
entering into contracts, and enforcing contracts, in the
distinguishing those who sell groceries on the same will or deed, whatever its length, should not be printed, Against it
be for otten that there was a great differen ei tl The SPEAKER took the chair at 12 o'clock.
and made as concise and as readable as any other docu- Majority against the adjournment -22 Greytown ..........m,lnd It 17th of mon.,Socthamptnt IJul I ,
position of a femme sole. I think your lordships will be
cirrma iitly
üblicgfeelino of the countr as to an aet of e.
•11 l• le
premises ; and also setting forth the number of those Gibraltar ..........M,4, 7, 17, 20, 27 tfn, South...moo 16, 7. 24.. ,
'London .....!Dalir .:
of opinion with the committee, who were unanimous PRIVATE BUSINESS. whose premises have been valued under 10/ 20/ 251 ment. He hoped that all sorts of deeds would henceforth Sir G. PECHELL then moved that the house do now Ciambargli ..........N Daily .
aavannah ..........ml2nd of the meet, 'Souteamptet :16thotat.
lope the art a the man andyan act of crimina I.y In t e
, ' ,'' '' be printed, and that a eentleman's title-deeds, instead of adjourn.
ie. 4 20 el
upon this point, that the alteration here preposed is The following bills were read a third time and passed 30/ , 40/.. and 50/. annual' • '
y respectively, as also those .
etillacy..
P case of ar woman. In the former case the public feeling
being a huge roll, repursive to look at and filthy to touch, Lord PALMERSTON said hon. members were con- (tieantirdL,;•". •••..• •••;m;isto or the met tit 3ZtehrLiPt;
• very wise and salutary alteration. (blear.) And I la• g was not repugnant to a man again living with a woman -Dawson's Estate ; Danblane, Doune, and Cellander above 50/. ; and, like return of the number of retail would be printed arid bound up in a neat folio velure°, stantly askin,g when the session was to close, and yet when india(viasOu&impixal4th :. 20th of nrion: Plyin,aith •• lune 29 ,
leave to say, from a conversation which I have had wit Railway ; Ingham's Estate ; Perth, Almond Valley, ii„nee, granted for the sale of beer to be consumed
but such was not the case where the act of criminal-4 '
which would afford him much amusement and instruction, twelve o'clock came members perpetually got up to stop India (*.:la Marseilles) ml9th&26th of month,Dover .......t
on the premises to persons who have not retail spirit and render him less liable than country gentlemen usually the business. If bon. members wished to sit
l'y and Methven Railway ; and Stirling and Dunfermline
•
my noble friend on the woolsack, that although 04 had been committed by the wife.
provision was not introduced into the bill, neverthelese Rail way.
-or public-house licenses • distinguishing those whose were to the dictation of their legal advisers. (Hear.) -
He of September the Government were quite ready to do so. Ireland ........ld &N I Pwice daily .... lllolyhe,,d .. - I
d MPBELL • • d h
Lor CAI . . rejoice tat on all hands the
Lawn.. .. a .. .. nem led of r o ..
it had passed through his mind, and that he thought it POSTAL COMMUNICATION WITH AUS- premises are valued at 20'1. or under from those valued propos dth
e at when a will was brought to the teitamen- Mr. F. BERKELEY said that a number of important
till the end lonian Isles (see Lndia;llo &*•4th I D0ver...... i
'
practice of regturing a separate legislative measure for
tary court it should be printed, anti that the executor bills were postponed until twelve o'clock at night. He him- in ot th • nee, HlSeuthampwr. 6, 16 no
desirable to make such a change in the law. I now
TRALIA. at 20/. and upwards.
Lleclrraa :::::::: :7.1; 2'34 of naontht ••' LiverPool •••
,
each particular case had been condemned ; but he ca
15, 2 .
come to the third point, which refers to actions for sin) ed ih .Idh• • t • STAFF ALLOWANCES. should receive as many copies as he pleased, each copy self was there to watch a very bad bill, called the Corrupt Halta (see India)
ir or a ips agates granting too great facilitieue Sir J. PAKINGTON asked the Secretary to the
:cfl
tree jlenvceleri:ntrtett:ryert The charee now made to the ecclesiastical courts was 3s, Mr. WILKINSON said one great evil was the great
bearing a stamp, which would render it legal evidence, Practices Bill, and that bad not yet come on.
the recovery of damages in cases of adultery--
actions which I consider, in common lam sure with florndivor:e as too much facility might lead to serious Treasury whether her Majesty's Government had cons. Colonel lad:itNhle:l
.rate)rn t iaoank Ifalta ............7,1• 4, 10, 20, arid 26„,Dover ..... 4, 21
Kaurithis (see India) !
4d. per fOlto of 90 words ; but he had heerd that it could length of the speeches.
War if it w
4. :1 ,
conse.quenCes. Odnlylindthe case
hof adultery was the pleted arrangements for postal communication between
be printed at about 9d. per folio, while the executor might Mr. T. O'BRIEN said the hon. member for La bath efauralus .......... N ,20 .2 of the monti-
many of- your lordships, to be of the most scandaloui"
he at a ay and allowances to be deducted from officers
Made° ............31 1 4 lid of the mouth Southampt.rii
character. I know that my noble and learned friend the .
lilnrlige 7 11: Disysion:F(,)oanderT applarFd to be the England and Australia, and, if so, what was the nature tn
Lli s rff ho an t . full l • b
JulY 1
0 eta w re o upon pay ( !iring tee time have as
gap1e5..............N Daily- ..c:..• iDover .....•
our reegion..Depre-
many copies as he pleased. He had intended that was frequently seen in divisions with the Governinment
Lord Chief Justice, while engaged in the trial of such a 1
,t.entroinl o tila
hich f
li d
ned i of the arrangements ? .
they may be temporarily absent from their staff duties ? one office should serve for all probates, but his attention after ono o'clock in the mornin on Irish measures. Leww2=1.:::...,,, 24,.17th f mom!, iSouthamptor
caning ti e ev
r: . ow ntrnyh cdases actions for
..... Tisi.e a nionth !Various port kis •
Cause a short time ago, felt called upon to express a haps 3lr. WILSON said the rieht hon. baronet had ut a ril 'EEL 'd h h 1 •
P r. I sal t. at t e gennra rule was that staff had been called to the inconvenience that might be felt Mr. 31`CANN sni th gl'
ola recommended
at ey must seorten their speeches or Papal States ........N Daily.... -•• • • !Dover ea._ '4 wee
that the law on that subject would shcrtly undergo e cirli mina
hczTens tsim
Id 17e 'LT: lede: number of ue4ions from time to time •
, relative to the officers were net entitled to receive half-pay unless they throughout the rural districts, as persons living in the lengthen the hours. (Lauehter.) Peninsula ..........!,) :iouthanopten
change. My lords, I proposed in the committee that those t. athsuhc t oindger
hrtecessary, _ q ' ,
Peru ........,.....al Id ac 27th of mon.l.southampt,n
ht th ould die 1
a nfa udra eat. .He was postal arrangements to b c unny
e agreed on between this o - were on the spot in the performance of their duties But country had been in the habit of going to the offices este,- The debat t
e was hen adjourned to Tuesday next.
actions should be abolished. The committee, however, in t e
clipe ti
telly w 'fis to - • • • • ' ler la dth • d 11t b •
officers serving in the country, and receiving leave of ab- is. e
.eie, nn won tno e properly able to discharge DRAINAGE (IRELAND) BILL. teen Natal ..........1c 3y private ship. .IVarious ports
eencerce .
prfepare to ad r e
171 i
dd Bel or
vivorce in the case and Australia. It was a matter of no small difficulty to
:liclly ~............N Every Saturday IDever ......
their business if they had to proceed to London for th The house th
were of opinion, though not unanimously, against me on
rovided the le v
sence, were allowed half-pay, p ae of ab- e
Clan len went into committee on the bill. Tuscany ............N Ditto.... .... I Dover ...• ••i. .. ~.,s0 '
that point. I afterwards proposed that the action should oio inhcest,hanli bea wdoufor aa
erctr:.e ty, igamy, and deser- arrange a service of such great importance to give satis- purpose. He had no doubt of the accuracy of that hen aereed to. v-enezneis ...........se 24*I7th otmenth Southampton I. - -
sence were for a very limited period.
ne w c in number of years ; but
tion, which was made to him by the lion! and lea] nrszilgges- Claussees 2 wtoas2t6 • '
gen- , with amendments, were agreed to. Van Di3Mo.ll'SL.nd (so,
be aboliehed, and a prosecution subst tuted in place of it,'
lturntheyr tthaen tulisat h
as not prepared to go. (Hear.) faction to this country, and also the colonies. There BURIAL IN IRELAND. tleman the member for Suffolk (Sir F. Kelly), and he had On clause 27 Australia) ......... ,Ith of mon
feelin ui
g g ee certain that it weuld be farraoreeffectual for . .
' were many interests to be consulted and recolle t* tl,
Welt Indies .. . _Tv 1 e‘•• ,itr, 11 .1... r. !gb.n.h.......... TAO -
The Earl of ST. GERMANS suggested that a clause m - f
to ~ . . , . cmg e Mr. POLLARD-URQUHART asked the Chief Sce therefore determined on introducing into his bill a provi- 4-. +
Colonel DU*NE called attention tn th. f.,,f. +b. 1,.
the object -than any action for the recovery of damages. -
ta,a in former experiments, it was neces.
sion for district ()Mears-ono in •:,..1, ~+' +I- -r____.•• _ .. . .
should be inserted in the bill that no action for damages anY ' cretary for Ireland whether the Government were aware
My lords, this description of action is really a scandal'
ry hal- the armnacimpn to ',Aro ..,•,,I. ...i5..., A -
to the ceuntry. There is no other country in the, zunrid should be brought unless the di
...voron nnilnf ..,..,,,i.:,..,_ A sa , t . ,

proceeding to discuss the bill, with the various amend-
- I inents proposed in committee. (Hear, hear.)
----e,--
HOUSE OF LORDS—(YEsTERDAY.) The Marquis of LANSDOWNE, as a member of the
select committee to whom the bill had been referred,
ThftOßD CHANCELLOR took his seat on the woolsack_ wished in the first place to offer the testimony of. his'
at 5 o'clock.
gratitude.on behalf of their lordships—otebehalf of her
-- • _
'-Lard -LYNDHURST presented a petition from an Majesty's Government—on behalf, he might say, of so-
individual who had obtained a divorce, a mensa et thoro, ciety in general, both to his noble friend on the wool-
on the ground of adultery, praying that such a circum-
sack who had introduced the bill, and to his noble friend
stance might be made a ground in the bill now before opposite, several of whose most valuable suggestions had
the house for obtaining a divorce a vincula matrimonii. been adopted by the committee. He believed that
The LORD CHANCELLOR did not approve of the
through the labours of both those noble lords a great
principle of the prayer of the petition. No steps of the
wrong that had hitherto prevailed, affecting the interests
of women and of society at large, was about at length to
nation into the circumstances of the case.
kind should be taken without a most searching exam-
be extensively redressed. For years past he himself had
GRAND JURIES BILL, 1 vanced state of civilisation, the legal position of woman
felt that in this country, which boasted of the most ad-
Lord CAMPBELL moved the second reading
partook of the condition laid down by the least civi•
of 'this bill.. The principal object of this bill Heed and most barbarous states. Certainly her condi-
tion in this country was inferior to that of any
witnesses before grand juries at quarter sessions of as- other modern country; inferior even to what it was
. size. The present system was objectionable, and this
amongst the Romans, the great origin of the civil
. bill, he trusted, would remedy the evil. The bill was law. On the subject of the cruelty and injustice of
opposed by the Earl of Derby and other peers, and he the English law towards women, he would not have
therefore trusted their lordships would read it a second their lordships judge by the cases that had come before
time,
them. Undoubtedly numerous as were the individual in-
Lord PORTMAN withdrew the notice he had given
stances of great hardship and injustice coming before
:the other night respecting this bill, namely, that it be
your lordships as occurring amongst the more elevated
road a Second time that day three months, and trusted
that certain alterations would be made i the bill when classes of society, they were as nothing compared with
the amount of injustice and cruelty inflicted amongst the
their lordships went into committee thereon, lower orders. Now, what were they perpetually wit-
After a few words from Lord BERNERS, nessing ? According to the law a woman deserted by her
The LORD • CHANCELLOR said he thought the husband not merely for one year, but for six, seven, and
bill would tend to great good. The present mode in eight years, and thus compelled to provide a subsistence
which the clerk administered the oath to witnesses-- • for herself and her children, was liable at the expiration
some standing in one place and others in another, of that period to have her earnings taken from her for
in a crowded court and amidst great confusion, the benefit of a corrupt and debauched husband. He
was calculated to create a feeling not consistent with might mention many instances in point; he would how-
the solemnity of the Occasion.
ever content himself with naming one which had been
After a short discussion, in which several peers took brought to his knowledge. It was the case of the wife
part, the bill was read a second time,
of a shoemaker who had been abandoned by her hus-
DIVORCE AND MATRIMONIAL CAUSES BILL. band.for a period of seven years. On his desertion,
On the motion that their lordships go into committee
she had set to work
and learned his trade, which
on this bill, prospered with her, so that she was enabled to
Lord LYNDHURST said—My Lords, I think it will
end, however,
a sustenance for herself and family. At the
however, of seven years, the husband returned,
be for the convenience of your lordships, before going
when he immediately seized all the profits of the wife's
into committee, that I should shortly state the substance industry, and went round amongst her creditorscollectirng.
of this bill as it comes down to your lordships, amended the bills as they became due, and appropriated the pro -
by by the select committee. I believe your lordships will it ceeds entirely to his own benefit. (Hear.) Now
approve the amendments suggested by that committee. mere mockery to talk of a person in the position of a
shoemaker's wife having her remedy against this treat-
The great object which we had in view, and which in
ment in a court of equity. With regard to actions for
fact the framers of the bill had in view, was to establish " criminal conversation," he considered that not only
a separate tribunal for the decision-of matrimonial causes were such actions corrupt in their nature, but they tended
When that object was considered we came to the con- likewise to corrupt
the public mind. Such actions were
to all the parties concerned, but espe-
c
olusion that its composition should consist of my noble
unjustiall .
so with respect to the woman, whose withcharac-
friend the Lord Chancellor, the three chief judges of
ter wasY
at stake, but who, nevertheless, could not be
the courts of common law, and also the Dean of Arches, heard in her defence. All parties, quoad the ends ofjus-
It was resolved that the Dean of Arches should continue tice, stood in a false position. It wass of a
a monstrousaat
as-
too sit alone as at present in all cases coming within his sumption that the loss of the affections wife
Such w
be treated as the loss of an ordinary chattel.
cases
jurisdiction, while with respect to questions de vinculo
matrimonii the tribunal should consist of the whole court, —filled
as they oftentimes were with the most disgustingdetails—operated in the most unfavourable manner
or whatever constituted a quorum of the court. It
upon the public mind. One of the earliest of such
was further considered that as far as relates to appeals, causes occurred in the reign of Charles II , who
the appeals from the single judge should be to the was induced to attend each day while the case was going
on ; and so exciting were the details of the trial to us
whole court, and appeals in cases de vinculo matrimonii
Majesty, that he was afterwards heard to say that the
should be to the House of Lords, not in respect to mat- proceedings were as highly entertaining as a play. That
term of fact, but with regard to matters of law only, which might not be a very edifying avowal from a Sovereign
cases, however, would be of very rare occurrence. Now, en the throne, nevertheless it proved how exciting. trine.
I think my lords, after considering the tribunal thus con- am actions had always been regarded iwnattlioihsecdo.una,
stituted, you will agree with me and the committee that
noblean with wohiast
wavhiodiwtyaathneearly detailsiaudible, was then un-
it is one likely to fulfil the objects for which it would derstomodartoq argue generally in favour of the provisions
be appointed. ft is a court dignified in rank, and neces- of the bill, though he seemed inclined to the opinion
eerily fullof talent, fromehe situation held by the judges. tit might have gone further with great benefit to the
But it is not more competent than a court
ought to be comhatmunity. which had to try such important questions as would oc- The LORD CHANCELLOR said, as the person who
casionally come before it. So much then with respect to had introduced the bill to their lordships, he wished to
the new tribunal, which I think will be considered quite say a few words respecting the alterations introduced
satisfactory by your lordships and the public. Now, as by the committee. With regard to the propriety or
to the alterations in the lawintroduced by the bill before impropriety of abolishing actions altogether he would
your lordships. As the law at present stands, when a observe that such actions had hitherto been prevalent in
wife is divorced from her husband upon her petition this country in consequence of the rule of their
complaining of the conduct of the husband either on the lordships' house, that a divorce could not be sought with-
ground of cruelty, adultery, or both, she is in the situa- out a verdict having first been obtained. The present
tion that whatever property she gains either by her bill, however, did away with all such necessity, and en-
own labour or skill, whatever property devolves upon abled a divorce to be granted upon the merits of each
her either by bequest or otherwise, that property belongs case. He thought, therefore, that through the na-
to the husband ; and not unfrequently, I may say, ge- tural good feeling of the communitysuch actions in future
nerally applied by him, not to the support of his wife, would be very rare. They must not, however, be en-
but to the support of a mistress. (Hear.) It was eon- tirely abolished. And he confessed that upon that
sidered right to put an end to such a state of things, and p
accordingly the committee have decided unanimously addressed their lordships, inasmuch as he did not think
that where the wife is separated from her husband by there were no circumstances under which an action for
duct, all the propertya
divorce a naensa et Moro in consequence of his miscon- damages ought not to be brought. For there might be
that' she may afterwards acquire, cases in which grievous injury, in a pecuniary point of
either through her own exertions or as devolving on her view, was done to a poor maii,iby the misconduct of
io any way whatever, she is to hold for her separate use, his rich neighbour, and therefore it was but just that
and can dispose of it as she thinks prep;r, either by dee'', compensation should be awarded to him. His noble
will, or otherwise. I think, my lords, that you will be friend was in error in supposing that in no other
of opinion with the committee, that this is a provision country in the world were such actions brought. In
which justice requires. (Hear.) But another feature
in the present state of the law involving a great hard- Scotland they were brought—though rarely, certainly,
ship towards a woman in the situation I have because they were not necessary as a preliminary
jUst to a divorce. If the opinions of the committee were
described is this, that she cannot maintain aby divided on the question, still the majority were
action. She may be subjected to any injury what- decidedly against the abolition of actions altogether.
- ever—to personal violence of the grossest description. The tribunal was nearly the same as he had proposed it,
Nevertheless she can maintain no action in her own name unless with the consent of her husband. A but with this exception, that three of the chief justices,
she can enter into no contract, or if she does she has ain, instead of the delegate of the Lord Chief Justice, should
not sit with the Lord Chancellor and one of the judges of the
the means of enforcing the. obligations contracted to- ecelesiastical courts. He had no objection to the intro-
wards her. Aceordingly the committee have dec'cled diction of the provision recommended with regard to the
that where a woman is separated from her husband under- rights of women when divorced. Anxious that the relief
such circumstances, she should be in respect to ening, should be .3 reciprocal es possible, however, it could not
entering into contracts, and enforcing contracts, in the be forgotten that there was a great difference in the
position of a femme sole. I think your lordships will be
public feeling of the country as to an act of criminality
of opinion with the committee, who were unanimou-
on the Fart of the man and an act of criminality in the
upon this point, that the alteration here preposed is a case of a woman. In the former case the public feeling
very wise and salutary alteration. (Hear.) And Ib. g was not repugnant to a man again living with a woman,
leave to say, from a conversation which I have had wit but such was not the case where the act of criminality
my noble friend on the woolsack, that although 04 had been committed by the wife.
provision was not introduced into the bill, nevertheless
it had passed through his mind, and that he thought it Lord CAMPBELL rejoiced that on all hands the
desirable to make such a change in the law. I now practice of requiring a separate legislative measure for
come to the third point, which refers to actions for .each particular case had been condemned; but he cau-
the recovery of damages in cases of adultery—
.
ironed their lordships against granting too great facilities
actions which I consider, in common I am sure with
lois divorce, as too much facility might lead to serious
many of your lordships, to be of the most scandaloue consequences Only in the case of adultery was the
character. I know that my noble and learned friend the marriage to be dissolved, and such appeared to be the
intention of the Divine Founder of our reigion. Depre-
Lord Chief Justice, while engaged in the trial of such a
eating the evils which followed in many cases actions for
cause a short time ago, felt called upon to express a hops
c
that the law on that subject would shortly undergo uriminal conversation, the committee had recommended
t change. My lords, I proposed in the committee that those'hat such actions should be declared no longer necessary,
in the hope that they would die a natural death. He was
actions should be abolished. The committee, however,
were of opinion, though not unanimously, against me on prepared to allow the wife to see for divorce in the case
that point. I afterwards proposed that the action should of incest, and he would add cruelty, bigamy, and deser-
be abolished, and a prosecution subst toted in place of it,' tion by the husband for a certain number of years ; but
feeling quite certain that it weuld be farmoreeffectual for further than that he was not prepared to go. (Hear.).
the object -than any action The Earl of ST. GERMANS suggested that a clause
for the recovery of damages. . -
My lords, this description of action is really a scandal' should be inserted in the bill that no action for damages
to the country. There is no other country in the world should be brought unless the divorce count constituted
where such actions are brought. On the continent by the measure had pronounced a divorce a vinculo.
they are looked upon with feelings of disgust and her Lord LYNDHURST said he had better at once in-
ror ; and it is wondered at that a civilised country like form their lordships that it was not his intention now to
this should sustain a law of this description. But not press the amendments of which he had given notice ;
only so, to the women such an action involves the greatest. hut that early next session he would bring forward a die-
hardship and injustice. She is no party to it—she cannot tinct measure on the subject, containing the qualifica-
appear in the cause—she cannot be beard either by tioas and distinctions it had been his intention now to
her husband or in her own person—and hence it may insert in the bill. He therefore begged to withdraw
happen that her husband and the other party to the suit his notice of amendment. (Hear.)
colluding together, she becomes their victim without The Bishop of OXFORD said, that so far as this bill
redress. Now, my lord, in the Court of Chancery, when dealt with those gross acts of injustice on the part of
a suit is instituted, if it should be objected that on the husband towards their wives, he heartily and thankfully
face of the proceedings some person, not made a party to as ;ented to its provisions. He believed that in that re-
the suit, is in the slightest degree interested in it, the , spect those provisions would remedy a gross and disgrace-
suit is suspended until that party shall appear in court. ful injustice which had hitherto infested our social life ;
However, -my lords, the decision of the committee was but to one part of the bill he could not, on moral and
against me on that point, and, as I think, most unfortu- social grounds, for one moment consent ; be alluded to
nately._But I hope your lordships wi'l take it into con- the fundamental part of the measure, which sought to
sideration, and be disposed to come to a different conclu- provide facilities for divorce a vinculo in the case of
s:on; and I shall therefore, in the course of the commit- adultery on the part of the wife and of adultery on the
tee, make a motion to that effect for the purpose of part of her husband. It has been a moot point for age.,
taking the opinion of your lordships upon a question of whether by the law of God marriage could be dissolved.
each interest. I know it is said thut these cases are Throughout a large part of Christendom such right to
of lo:dreg...lent occurrence. I believe, however, that dissolve marriage was denied. St. Augustine declined to
they are constantly occurring. I believe that corn- decide whether the much-disputed words of our
promises frequently occur—that the defendant allows 'EI ,ssed Lord did not allow divorce for the act of
judgment to .go by default, on the under adultery itself. From what consideration he (the Bishop
standing that the damages are to be refunded to of Oxford) had been enabled to bring to bear on
Lim. And when it is said that these are indeed hard- those words he could not doubt that marriage might be
ships, I beg to recall to your lordships' minds the peti- dissolved. But another set of reasons ought, he thought.
tion peesented by my noble friend, whose absence in the to induce Parliament to pause before it said that it would
north of.Englaud Iso much deplore—a petition of the give facilities for the dissolution of the marri, g 3 tie. As
most curious kind. An action for adultery was brought (.. hristian stat !amen their lordships ought to sok them-
-a verdict was obtained by the plaintiff, and nominal .selves whether they were promoting the moral habits of
damages were aassessed. The lady was thus doomed to the community by an advance of that kind. In the first
destruction, and was driven out of society. By, however, place, if the same facilities to be extended to the rich
anamost fortunate.combination of circumstances—and I were also to reach the poorer classes, the courts which
of v;;•efer to the statement of the petition—after the lapse would administer the law for the latter must administer
to provnio laths or two years, the lady thus injured was able it cheaply, and he much doubted whether such tribunals
e teethe satisfaction of the court that there was not would carryout the niceties of the laws with the same suc-
the slightest foundation for the charge brought against her. cess as the superior courts. He much feared and appre-
I say it wasp roved,
_ ..Ya most singular combination of cis- hended that if the law were brought down to those cumstancea, that oat, poorer
only she never had intercourse with classes collusion would step in, and that by degrees the
the alleged adulterer, but that she never had had sexual sacredness of married life would be sapped. He asked at
intercourse with her
phauresbaanda,,aaadathat she was at the what c'ass was this legislation to stop? Were they to ex-
moment of trial as
period of her . life The point, thereto
sreat the very earliest tend it to the lowest class, or confine it to the shopkeeper
which I rely or to the class immediately above him ? What he feared
ie the hardship of suffering a woman tOluol'ieell:erhacharacter, was, that if they once began grievous dissatisfaction
and to be driven out of society, without her
towould
the be causedunleosfsstoh! immunities were carriedo the downlower
au opportunity of maintaining her innocence. rigmbuadch
in the
then as to that point. The fourth point to which I have ass s lowestthere classesas le y they
which
hnt t
strike
to direct your lordships' attention is one which.dangerto . collusion,
married wouldlledenied that
at thee root of moral puny in . . .
opinion_of the committee, involves a great hxrdahip, And
the lowest classes of society had called or petitioned for
though with regard to this point the decision of the cora.
mitteethis measure ; and, bad asthe present system might have
does not exactly go 0o the extent which I should
h,i in individual instances, he believed that on the
wish,, still it is a great advance in the direction of reform,
Provedle it had preserved tbesanctit of married life in this
and towards potecting the interests of wmenl think eottetry to a degree no attained b a nation oaths
son, face of the earth. In spite of all thatYany
bad ny other
been said against
it is consistentr with Scripture, with law, o .withand rea-
son, that the wife should be put upon the same footing it,he believedthatif the presents stem wereadministered
as-the husband in cases of adultery. According to the with due caution, it would be Leh safer. than the Rye-
it was sought to introduce. The English Le-
law of Scotland such is the case, and evidence was pro- tern which
duced before us to show that no inconvenience resulted oislature had hit upon a prohibition, which, if a bad or
therefrom. The committee, however, cou'd not be per. atonsy modem some respects, was a safer and better mode
spaded to go that length, though they advanced in the than that which threatened laxity. There wasalso this con-
direction a considerable way, The committee decided sideration, w:hichaidlead their lordships to pause. All
oppa
round for
that in all cases of adultery, accompanied by cruelty,the other countries whichhic" had entered on the trade theiriore.
wife should be entitled to a divorce from her husband. ships were now enteriogen
ed at adulter
bad not st
gy,
Also in all. cased of incestuous adultery, as Well as in but had made incompatibility of temper
ens, Rof bigamy. I could not, however, get the corn- divorce. While, then, he saw much in the bill of which
tuittee to go along with me in extending the right to he approved, he totally excepted from the facilities it was
eaves where the husband has been sentenced to trans- proposed to afford in the case of a divorce a vinculo, and
jportatiOn, and to all such cases where, in fact, the oh- feared that they would tend to open the floodgates of
ects of marriage have been defeated. I think in all such licence upon what bad hitherto been the sanctity and the
instances the marriage bond ought to be dissolved, purity of married life. The law of Scotland had been
However, though the committee would not agree with referred to ; but in that country the safeguard existed
me, I thank them for having gone so far as they have that no parties who had been divorced for adultery
done. Only toone other point do I wish to allude, should marry with the parties with whom the act was
By the bill, as it originally stood, a wife is entitled to committed. A safeguard in this country, as respected
alimony after four years' desertion by her husband ; but the lowest class in the community, was that they knew
the oommittee have decided that she should be entitled the attainment of a legal divorce to be almost impos-
to alimony after a desertion of a much shorter period. I Bible. Women knew that marriage with any
other F en.
have thus, my lords, brought under your consideration son was impossible if they violated their marriage tie
the various points, both in the bill itself and the report with their own husband ; and this restraint he thought
of the select committee, to which it seemed to me de- would be weakened by the present bill, which would al-
sirable your lordships' attention should be directed before . together unsettle the estimate which at present our Nun.

took upon himself the distribution of testamentary pro-
perty. In process of time it grew into practice that if a
man died possessed of 51. property in the diocese of Can-
terbury, his will must be proved` in that court, and the
same in the diocese of York. In time the metropolitan
court became established for the purpose of combining
scattered jurisdiction which amounted to 350. The juris-
diction was so divided that it was not unusual for an exe-
cutor to be under the necessity of taking out six probates.
It was not uncommon for a case to be decided in one way
in one court, and iu another way in another. Sometimes
there was one decision in Canterbury, another in York,
and a third in Dublin. These were anomalies which might
be put an end to by a single tribunal. Then again, in other
cases, the will had to come before the courts of law—and
there were cases in which it had to come before the courts
of equity. In all this there was no certainty. A case had re-
cently occurred in which a will was declared invalid in the
Irish Courts, while the same will was declared valid and of
force in the courts of this country. The committee had
brought forward some striking instances, and had urged
the necessity of restraining the ecclesiastical courts. It was
agreed on all sides that these courts ought to be abolished,
and the next question was, what ought to be substituted
for them? Tho first thing to be done was to establish a
single tribunal, acting on the most speedy and economical
principles. It might be a question whether the principle
of law or of equity ought to prevail, Ho would state to
the house what the principles of his bill were upon
that subject. They were simple in detail, and their
main object was to shorten the disputes which now arose
between different claimants to the testator's property. Of
course during the pendency of such a dispute it was
impossible to make a settlement of a personal estate, nei-
ther was it possible to provide in an adequate measure for
real estate. In some degree a remedy might be found by
instituting proceedings in the Court of Chancery for a re-
ceiver. But the remedy was a very imperfect one. When
a person died intestate ho could not see any reason that
could be urged against leaving the parties to the estate be-
fore the court, giving power to an officer of the court to
collect and administer the personal estate, and if necessary
to carry on the trade of the deceased man during the pen-
dency of the litigation. That therefore was one of the main
things he desired to accomplish by the bill. It was highly
desirable that the court should have an independent exist-
ence, and that it should not be mixed up with the Court
of Chancery in any way; for he admitted that if it were
mixed up in any way with that court, it would get mixed
up in the general vortex of business. When on a previous
occasion he had a measure before the house, it was alleged
that his intention was to amalgamate the business of Doc-
tors' Commons with that of the Court of Chancery. He
had Been warned by that measure, and had taken care to
embeds, in this bill such unmistakeably clear enactments
that-would render it impossible for any man to say that
the business of the new testamentary court would be mixed
up with the business of the Court of Chancery. With that
view he had adopted a suggestion of the hon. and learned
gentleman the member for Suffolk, and had introduced an
intermediate appeal from the new court to the Lords Jus-
tices. He thought the house would accept that as a com-
plete security. (Hear, hear.) There was another function
he wished the new court to discharge, and he should wish
to have an opportunity of explaining it. In personal
property, the Ecclesiastical Court, as hon. members
probably knew, constituted a personal representative,
and he proposed that the new court should have the
power under certain restrictions of constituting a real re-
presentative. By this means many difficulties that now
arose in the administration of wills would be avoided. He
proposed that the new court should have the power of
appointing an official administrator who should supersede
the executor, or ordinary administrator, against whom any
complaint of inefficiency or misconduct should be sub-
stantiated. These improvements would vest in the court
the amplest powers that could be required for any tribunal,
inasmuch as it would give to it not only ministerial autho-
rity, but equitable jurisdiction. Thereiwas another peovi-
sion, namely, that the court should grant certificates of in-
testacy. The hon. and learned gentleman having pointed
out some of the evils resulting from the present state of
the law, proceeded to say that he intended to make the
mode of procedure under his bill of the cheapest and most
expeditious possible kind. •It would be based upon the
Common Law Procedure Act. Ho would not, however,
dwell upon that point, but would pass on to the
manner in
which wills would henceforth be proved. At present the
greater portion of the wills that were proved were proved
in the Prerogative Court, or rather he should say by far
the greater amount of property involved passed through
the Prerogative Court of Canterbury. In those courts the
power of practising was confined to a very limited body of
professional gentlemen called proctors. Ho had not a word
to say against those gentlemen in reference to the manner
in which they performed their duties, for their work was
performed most admirably, and they deserved all praise.
Nevertheless, it was a manifest injustice to the people that
they should not have the power of approaching a court of
justice except through a privileged order of professional
persons. When persons wanted to prove a will or to admi-
nister an estate they went to a solicitor, and wereconepelled
to employ a proctor in addition. It was, therefore, desir-
able that a provision should be made in order to relieve the
people from this obligation, which undoubtedly added to
the difficulties as well auto the expensesof theirproceedings.
He proposed therefore that the mode of provinga will should
be conducted in the simplest, the most expeditious, and
the most economical manner. No doubt the greatest care
and caution should be used, and that no probate should be
admitted without the consent of skilful and experienced
persons specially appointed. Ho proposed therefore to
establish a testamentary office in London, consisting of
able and experienced men, and so constituted that there
should be no danger of a will being passed which was de-
ficient in the required solemnitiee Ho proposed that it
should be comeetent to any man to bring to this court any
will of which he was the executor, to be left for probate.
He would meet in the court officers who would examine
the document, and give him the probate if the necessary
solemnities existed. On another point be thought he should
have the concurrence of the house. Every hon. gentleman
had probably seen the probate of a will issued by the
court. It was engrossed in parchment, well written, and
apparently a very imposing document, but for all this it
was always of a most inconvenient, unreadable character,
and useless for all practical purposes. Now, while print-
ing had done much for general literature, the arts, and all
departments of science, it seemed to have done nothing for
the law. There was no reason that ho could see why every
will or deed, whatever its length, should not be printed,
and made as concise and as readable as any other docu-
ment. He hoped that all sorts of deeds would henceforth
be printed, and that a gentleman's title-deeds, instead of
being a huge roll, repulsive to look at and filthy to touch,
would be printed and bound up in a neat folio volume,
which would afford him much amusement and instruction,
and render him less liable than country gentlemen usually
were to the dictation of their legal advisers. (Hear.) He
proposed that when a will was brought to the testamen-
tary court it should be printed, anti that the executor
should receive as many copies as he pleased, each copy
bearing a stamp, which would render it legal evidence.
The charge now made is the ecclesiastical courts was 3s,
4d. per folio of 90 words ; but he had heard that it could
be printed at about 9d. per folio, while the executor might
have as many copies as he pleased. He had intended that
one office should serve for all probates, but his attention
hail been called to the inconvenience that might be felt
throughout the rural districts, as persons living in the
country had been in the habit of going to the offices esta-
blished there, and would not be properly able to discharge
their business if they had to proceed to London for the
purpose. He had no doubt of the accuracy of that sugges-
tion, which was made to him by the hon!and learned gen-
tleman the member for Suffolk (Sir F. Kelly), and he had
therefore determined on introducing into his bill a provi-
sion for district officersreme in each of the circuits of the
county courts, a plan which hail bean suggested to him by
his hon. and learned friend the member for Plymouth (.11r.
Collier). There were, he believed, sixty county court
districts ; but of these eight were metropolitan, leaving
fifty-two rural districts for England and Wales. He pro-
posed that in each of those rural districts an office should
be established for the purpose of recovering all papers con-
nected with the proof of wills, and granting letters of ad-
ministration where the estate did not exceed 1,5001. All
these papers, however, would have to be sent up to the
London office, to undergo the supervision of the more ex-
perienced persons there. The formation of rural districts
would very much reduce the testamentary staff he
had proposed. He had intended to have ono chief regis-
trar, four other registrars, sixteen official proctors, and two
commissioners for administering oaths. But, as there
would be 52 district offices. he proposed to reduce the
staff of the testamentary office to one principal registrar,
three other registrars, eight official proctors, and one com-
missioner for administering oaths. He proposed also that
there should be one place for the deposit of wills. He was
much indebted to Major Graham, the chief of the Legacy
Duty-office; for information on that point. Major Graham
informed him that there were fire-proof rooms in Somer-
set-House, which would be sufficient to contain them. At
present the whole of the wills of the province of Canter-
bury were deposited in a building in Doctors' Commons,
of the security of which there were grave doubts, and the
Rev. Mr. Moore, the registrar, informed him that they
must be removed by Lady-day next year, at which time
the tenancy of the building would expire. He proposed to
introduce into the bill provisions which would give to
county courts authority to entertain contentious suits
under 5001., as well as power in regard to estates which did
not exceed that amount. He now passed to another matter
of importance, namely, the manner in which justice was to
be done to those gentlemen who would be deprived of their
offices through the operation of this bill. It would be right
for him to put the house in possession of the fact before he
deals with the question of compensation, of what Parlia-
ment had done in reference to this matter on former occa-
sions. The necessity of making a change in the ecclesiastical
courts had been frequently before Parliament, and in the
6th and 7th Wee. IV., c. 67, it was provided that after the
passing of this act no officer of these courts, with the excep.
tion of the Judge of the Prerogative Court, should have any
claim to compensation in virtue of any office to which he
might be appointed, and that he should be subject to all
regulations that might be made in these courts by the autho-
rity of Parliament: That was affirmed by the 10th and
11th Vic., c. 93. Now, it was for the consideration of the
house whether these enactments should be acted upon in
the case under consideration. His own opinion was that
these acts should not be put in force against those gentle-
men who had accepted office, for he did not wish to pur-
chase the reform which his measure would secure at the
expense of those gentlemen. He was quite sure that the
house would agree with him that liberality in a case like
this was desirable, and that compensation should be
granted to the gentlemen whose offices and business would
be destroyed. The Thole of the compensation he proposed
to give would be derived out of the fee fund that would be
created, without the smallest addition to the fees already
paid, but on the contrary there would be a very great re-
lief to the public. He had already mentioned to the house
the great saving that would be effected by printing, and by of persons proving wills not being under the neces-
sity of employing proctors as well as solicitors. Now, as
to the fund to be constituted. The Prerogative Court of
Canterbury, according to a return recently made, trans-
acted one-third of the entire testamentary business of the
country, the fees amounting to 31,0001. a-year. The dio-
cesan courts were in some respeets lower at present, but
the judges had taken their offices on the condition that the
fees should be augmented. In addition to other emolu-
ments of the 'proctor there was the probate and administra-
tion under Nal fee paid on stamps, which was 3s Bd. up to
Qt., and after that 6d. in the pound. It appeared that in
1853 these amounted to 996,550/., nearly a million. Now
he proposed that the sum of 181,5001. should be paid into
court as the fee fund, on account of the proctors. The con-
stitution of the proposed court would then be as fellows.
There would be one principal registrar, three deputy-regis•
trars, two secretaries, six official proctors, one record-keeper
and his assistant, ancliiis clerks or superintendents of print-
ing, two assistants, one sealer, and 20 clerks. The expenses
would amount to 32,100/. besides which there would be .r 2
district registrars, at 5001. each, and their clerks, at 1001.
each. They cow came to another item, that of comps n ration
to the judgos, registrar, and deputy-registrar. In the return
of 1832 and 1852 was a full statement of the fees of all
their officers. With regard to some of these persons there
had been some doubts as to their compensation. He found
that in two courts the registrar was appointed at eight

The house resumed at six o'clock.
ANSWER TO THE ADDRESS.
Lord DRUULANRIG, the Comptroller of the Household,
brought up the answer from the Qseen to the address
from the house on the subject of Irish education. It
was as follows :
"I fully recognise the duty of extending as widely as
possible the blessings of education in Ireland, and your
wishes and recommendations will always receive the con-
sideration justly due to them. It affords me great satisfac-
tion to know that experience has proved the existing sys-
tem of national education in Ireland to have greatly pro-
moted this important object. It is my earnest desire to
see that system upheld and strengthened by a strict ad-
herence to those rules which, by excluding all compulsory
religious teaching, have hitherto secured parental autho-
rity, the rights of conscience, and the religious liberty of
all denominations of Christians."
The following returns were ordered :
Oa the motion of Capt. SCOBELL, "Returns of the
names and rank of the several officers of the army and
navy now holding civil appointments in the public ser-
vice within the United Kingdom ; of the date, descrip-
tion, and annual salary and emolument of each such
civil appointment; and, of the annual amount of half-
pay (if any) which each such military or nasal officer re-
spectively receives, in addition to the salary and emo-
lument of each such civil appointment."
On the motion of Mr. DAVISON, " Return of the
number of licenses granted to spirit dealers in Ireland,
not being retailers, in 1852, 1853, 1854, and 1855, distin-
guishing those to whom retail or public-houses licenses
were also granted ; like return of the number of licenses
granted fur the retail of spirits in quantities not greater
at one time than two quarts, not to be consumed on the
premises, setting forth the numbers of those whose pre-
mises were valued at or under 251. annually, at 251. and
under 301., at 301. and under 401 ' at 401. and under
501., and upwards, for the lik-; period ; like return of
the number of spirit retailers; or publicans who sell
spirits, beer, it c., to be consumed on the premises ; and
distinguishing those who sell groceries on the same
premises ; and also setting forth the number of those
whose premises have been valued under 101., 201., 251.,
30/ , 401.. and 50/. annually respectively, as also those
above 501. ; and, like return of the number of retail
licenses granted for the sale of beer to be consumed
on the premises to persons who have not retail spirit
-or public-house licenses ' • distinguishing those whose
premises are valued at 201. or under from those valued
at 20/. and upwards.
STAFF ALLOWANCES.
Colonel LINDSAY asked the Under-Secretary for
War if it was the intention of the Government to order
the staff pay and allowances to be deducted from officers
on the staff who are not upon full pay during the time
they may be temporarily absent from their staff duties ?
Mr. PEEL said that the general rule was that staff
officers were not entitled to receive half-pay unless they
were on the spot in the performance of their duties. But
officers serving in the country, and receiving leave of ab-
sence, were allowed half-pay, provided the leave of ab-
sence were fora very limited period.
BURIAL IN IRELAND.
Mr. POLLARD-URQUHART asked the Chief Sc.
cretary for Ireland whether the Government were aware
that certain clergy of the Established Church in the dio
cese of Dublin had prohibited Presbyterian and dissent-
ing c'ergymen from holding any funeral service at the
interment of their people in the consecrated burial
ground, thereby compelling them, in some instances, to
hold the funeral service on the highway, or wherever
they could ?
Mr. HORSMAN said that he was only aware of a
single instance of such refusal to bury, and that occurred
some months ago—it was by Archdeacon Fitzgerald.
The case was taken up and brought before the Ar3h-
bishop of Dublin. The archbishop demanded an expla-
nation from Archdeacon Fitzgerald, and received a re-
ply. Nothing more had been able to be done, and the
act under which the proceedings took place only order-
ed that an explanation should be called for and a reply
given. This process was exhausted, and there the mat-
ter rest d. .
CORPORATION OF LONDON BILL.
Mr. THOMSON HANKEY asked the Home Secre-
tary what course he intended to pursue with regard to
this bill ?
Sir G. GREY said that the opinion of the house on
the principle of this bill led him to expect no difficulty
in its agreeing to the second reading. But as regarded
the details of the bill, there were important differences
of opinion, such as to take away all hope of his being
able to get through the bill daring the present session
in time ter its consideration in another place. Since he
had introduced.the measure he had received several val-
uable suggestions -from various quarters, and the best
course to pursue would be to withdraw the bill, and to
introduce another early in the next session of Parliament,
At the same time, he should not hold out any hope that
the bill would be altered in any material feature. It
was founded on the recommendation of two committees.
In the next session of Parliament there would be no
pretence for delay because the bill had not been seen by
the authorities of the City. When the order for the
second reading of the IA 1 came on, he should move that
it be discharged. -
WILLS AND ADMINISTRATIONS.
Mr. MALINS said that since a bill on this subject had
been introduced, he understood that very material altera-
tions had been made by the Government. As the bill now
stood for the second reading, he begged to ask if the bill
was the one originally introduced by the Government Or
another?
The SOLICITOR-GENERAL said that he should give
a categorical answer on the motion for the second reading
of the bill.
Mr. HADFIELD presented petitions from the law
societies of Sheffield, Leeds, and Liverpool, in favour of
the bill.
Mr. COWAN presented a petition to the same effect
from the Chamber of Commerce at Edinburgh.
Sir F. KELLY presented a petition from Shrewsbury,
praying that the Testamentary Courts might not be united
with the Courts of Chancery.
The SOLICITOR-GENERAL then moved the second
reading of the bill. He hoped he should do so under
better auspices than iu the case of previous bills. He
had been indebted to the hon, members for Suffolk and
Plymouth for valuable information, wLich had enabled
him to take advantage of the delay while the house was
attending to other business, and to propose improvements
in the bill. His hou. and learned friends had in cons s.
quence withdrawn their competitive motion, and aided
their experience to the present measure. For many years
e
this subject had occupied the attention of the House of
m db y
tthhee firststa-
Commons, and a multitude of petitions had been presented
ecclesiastical
etehise subject.sti
eel
commission,
In l 832 a
whichreport
recommended
ewcoams meanddee
blishment of a separate tribunal. In 1833 a similar re-
commendation was made in the report of the second com-
mission, and their recommendations were those which were
carried into effect by the bill of which he proposed the second
read reacting. In 1834 a committee concurred in the same recom-
mendation, and the same in 1850. The first report of the
Chancery commission, in December, 1853, had agreed in
the recommendation. He saw no reason why these com-
mending opinions should not be carried into effect. It was
desirable to enter somewhat into the complaint of the ex-
isting law that they might be better able to devise the
remedy. The origin of the ecclesiastical interference was
this. The courts of common law showed a most remarka-
ble disregard as to the distribution and the enjoyment of
property after any man's decease. The bishops of the dio-
cese took upon them to say that if a man's debts were not
paid there was no repose for his soul. This was the ground
of ecclesiastic interference, and in this way the ordinary

REGISTRATION OF VOTERS (SCOTLAND) BILL.
This bill was road a third time and passed.
POOR-LAW AMENDMENT (No. 2) BILL.
Mr. BO UVE itIE moved the second reading of this bill.
Sir G. PECHFLL protested against proceeding with
such an important measure after midnight, and moved the
adjournment of the debate.
Mr. BOUVERIE suggested that the better course would
be to read the bill a second time, and take the discussion
on going into committee.
The house then divided on trio motion for adjournment.
For the motion
Against it
Majority against the adjournment —22
Sir G. PECHELL then moved that the house do now
adjourn.
Lord PALMERSTON said hon. members were con-
stantly asking when the session was to close, and yet when
twelve o'clock came members perpetually got up to stop
the business. If hon. members wished to sit till the end
of September the Government were quite ready to do so.
Mr. F. BERKELEY said that a number of important
bills were postponed until twelve o'clock at night. He him-
self was there to watch a very bad bill, called the Corrupt
Practices Bill, and that bad not yet come on.
Mr. WILKINSON said one great evil was the great
length of the speeches.
Mr. T. O'BRIEN said the hon. member for Lambeth
was frequently seen in divisions with the Government
after one o'clock in the morning on Irish measures.
Mr. M'CANN said they must shorten their speeches or
lengthen the hours. (Laughter.)
The debate was then adjourned to Tuesday next.
DRAINAGE (IRELAND) BILL.
The house then went into committee on the bill.
Clause I was then agreed to.
Clauses 2 to 26, with amendments, were agreed to.
On clause 27,
Colonel DUNNE called attention to the fact that the
trustees were to keep up the works, but they might not do
it, on which, on any representation, the Lord-Lieutenant
might order the necessary repairs. He proposed, instead
of "any representation," to insert " the recommendation
of twenty cess payers."
Mr. WILSON said that he was prepared to move that
the representation should be made by five cess payers.
The clause wasthen amended to this effect, and agreed to.
The remaining clauses were agreed to, with the addition
of three new ones.
CAMBRIDGE UNIVERSITY.
This bill was read a third time, with the addition of
sundry clauses.
Mr. WIGRAU, on one of those clauses, objected to the
concurrence required, for college purposes, of the majority
of the fellows of the college. This might work in the small
colleges, but not in the large colleges, where the fellows
were scattered all over the kingdom. He suggested that
the power be given to the resident follows, after having
been duly convened. The power being thus placed in the
hands of resident fellows, it would be an encouragement to
the improvement of literature.
The bill then passed.
EDUCATION.
The Vice-President of the Committee of Council on Edu-
cation Bill was read a second time.
THE SMOKE NUISANCE ABATEMENT BILL.
This bill as amended was agreed to.
COUNTY COURT JUDGES SALARIES.
The house went into committee on this bill.
Mr. NE WDEGATE said that the house ought to in-
crease the salaries of the clerks as well as the judges, who
had extra duties to perform from the increased amount of
business.
The CHANCELLOR of the EXCHEQUER said the
resolution before the committee did not to propose to it -
crease the judges of the county courts, but to enable the
house to pay their salaries out of the Consolidated Fund.
The clerks were paid by fees.,
The bill passed through committee.
EXCHEQUER-BILLS BILL.
The bill for 4,000,00,/. was read a, second time.
PUBLIC HEALTH BILL.
On the motion for the adjourned debate on the second
reading of this bill,
Mr. COWPER said he had withdrawn the objectionable
parts of the bill, and he hoped the house would allow it to
be read a second time, that its remaining provisions might
be discussed in committee.
Ultimately the bill was read a second time and ordered
to be committed.
MERCANTILE LAW AMENDMENT BILL.
This bill, which was for the purpose of assimilating the
mercantile laws of England and Scotland, was read a se-
cond time, with the understanding there should be a full
discussion in committee on the 17th clausecovhich appeared
to be so objectionable, as it proposed to get rid of the
Statute of Frauds, and ordered to be committed on Mon.
day.

Sir J. PAKINGTON asked the Secretary to the
Treasury whether her Majesty's Government had com-
pleted arrangements fir postal communication between
England and Australia, and, if so, what was the nature
of the arrangements ? •
Mr. WILSON said the right hon. baronet bad put a
number of questions, from time to time, relative to the
postal arrangements to be agreed on between this country
and Australia. It was a matter of no small difficulty to
arrange a service of such great importance to give satis-
faction to this country, and also the colonies. There
were many interests to be consulted, and recollecting the
many f olureo in former experiments, it was neces-
sary that the arrangements now made should
not only be of a satisfactory nature as regarded the colo-
nies, but such as would partake of a permanent cha-
racter. After great consideration and invitations for
tenders, the object of which was to test all the routes
by which Australia may be reached in the shortest time,
the result of which was the Government in this country,
and those who represented the colonies here decided that
the best way to reach Australia was overland to Suez,
through the Red Sea—(hear)—round Poi it de Galle and
C lee Louis and Melbourne. The Treasury then autho-
rised the Board of Admiralty to issue notices for tenders
for that route, and four had been sent in. One tender
proposed to carry the mails fora comparatively small
sum of money, but there was this disadvantage
accompanying it, that the vessels for the service were
not ready, and the Government would have to wait
twelve months for their building, and three months after
that before they could be on the station. That proposal,
with the uncertainty of the company being formed, and
considering the urgency of the case, the Government
declined to accept. The next tender was of a similar
character, and the Government would have to wait for
the building of the vessels. The third offer was from a
very powerful company, capable of carrying out the ser-
vice, who had in their possession a sufficient number of
vessels, and of the requisite size, but they proposed as a
condition, that the service should not commence until

tth of mon.

liSonthampfan

'nitro

Whenany of these dates fall 0:1 a Sunday, the malls willde"
sAtched on the following day. with the exception of the 111"'t st;:
~outhampton), and the Malta, both of which will be despatebeu
preceding day.

CRYSTAL PALACE.—TWO•AND-SIXPENNY
26.—Admissions on payment, 10,043; ditto by sea"
tickets, 3,618 ; total visitors, 13,661. list
[A.DvmyrissmENT.]—lt is ever a pleasing duty of a journa.,
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to
that we call the attention of invalids to the following extra?
from Du Barry's interesting report of cures without medicine
of Indigestion (Dyspepsia), Flatulency, Constipation, Nerveu '
Bilious, and Liver Complaints, Cough, Asthma, Consumption,.
and Debility, by Du Barry's Revaleuta Arabica Food :—Cum
No. 52,422.—Bridgehouse, Frimley, 3d April, 1854.-113%.
suffered these 33 years continually from diseased lungs,
ears
ting of b'ood, liver derangement, deafness, singing in the tl
constipation, debility, shortness of breath and cough, r
during that period taken so much medicine that I can safely
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d
chemists and doctors. Indeed I was in utter despair
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•
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Supported by testimonials from the celebrated Professors of
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Dr. Campbell ; Dr. Gattiker ; Dr. Wurzer ; Dr. Ingram'
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stuart ; Major-Gen. Thomas King, and many other persons, whose whose health has been restored by it, after all otilee.
means of cure had failed. Suitably packed for all climates,
with full instructions. In canisters, 51bs , 'lls. ; 121b5., 22„s„*:
since desPal'o
super-refined, 11b., Gs. ; lls. ; 51b; , 225. ; 101bs., j•":
The 101bs. and 121bs. cart rage free, on receipt. of post-of6e'
order. Barry du Barry ar, d Co., 77, Regent-street, Loadoe;
Fortnum, Mason, and Co., Purveyors to her Majesty, 11i01
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Cheapsid6; 68, Ccrnhill ; 49, Bishopsgate-street ; 55, Cam'ing-eross ; 54, Upper Baker-street; 63 and 157,
street. Oxford.

► ' their vessels were disengaged from the transport service,
which would not be for some months, and they refused
to he bound by the conditions for completing the voyage
within the given time laid down by the Government,
and the Government consequently declined to accept
their offer. The fourth tender was, by a considerable
sum of money, the largest in amount, but it contemplated
the immediate commencement of the service with vessels
recently btult. The company were willing to accept the
contract, subject to the penalties for the non-completion
of the voyages within a certain period, and they also
undertook, for the same sum, to commence the service
from Southampton (although the Government only re-
quired it from Suez) and take letters and passengers
direct to thelAustralian colonies. (Hear, hear.) That
appeared to the Government an important advantage,
becau=e if the service were only from Suez and Australia
it might occasionally happen that the Australian mail
would arrive too late at Suez to meet the home Indian
mail, and in that case there would be a delay of a
fortnight at Suez until the mail arrived there.
Upon communication with the Secretary for the Colo-
nies, who acted as the representative of the Australian
Colonies in this matter, and as they were willing to pay
half the amount of any contracts entered into for the
conveyance of the mails, the Treasury could not hesitate
to pay a sufficient amount of money to secure this great
advantage for the colony. The company who undertook
this service were strangers to the Government, but
strict inquiries had been made as to their responsibility,
the result of which was that the Government were per-
fectly sati,fied as to the ability of the company in point
of capital, knowledge, energy, and business - like
habits to carry out the contract. (Hear, hear.)
The first vessel was to be ready for survey in August,
depart from this country direct for Melbourne, round
the Cipe of Good Hope in October, and take up her
station at Suez in January, followed by a second in
November, a third in December, and a fourth in Janu-
ary, and so on so as to keep up a regular communication
with the Australian colonies. The vessels were to be of
2,200 tons burthen, of 500 horse power, and fitted with
powerful screws. Everything had been done that was
possible to insure punctuality, speed, and to give entire
satisfaotion to the colonies. (Hear, bear.)
Sir J. PAKINGTON said the answer of the right
hon. gentleman was perfect)), satisfactory, and asked if
measures bad been taken to insure the vessels would not
be less than 2,000 tons burthen each, and whether
any stipulations had been made for the amount of speed
to be maintained throughout, and the maximum period
of time the voyage was to occupy between Southampton
aid Melbourne.
Mr. WILSON said the vessels were not to be less
than 2,000 tons burthen, but two vessels of 1,800 tons
ethree voyages, by which time others of the larger ton-
nage would be provided to take their place. The voyage
Wai to be accomplished in 50 days, and the penalties for

BIRTHS.
or• SON.
On the 25th inst., at 12, Alderegate-street, the wife of
R. Brownlow Benson, Esq.
On the 25th inst., at the Manor-road, Stamford-hill,
wife of William Game, Esq.

CITY OF LONDON CORPORATION REFORM
BILL.
On the motion for the second reading of this bill,
Sir G. GREY moved for leave to withdraw the bill,
which was agreed to. (Cheers.)
JOINT-STOCK COMPANIES' WINDING-UP ACTS
AMENDMENT BILL.
On the motion for going into committee, this bill, which
proposed to deal with the Tipperary Bank, was adjourned
till Monday week.

COURT OF COMMERCIAL LAW (IRELAND) BILL.
The house went into committee on this bill, and agreed
to several of the clauses.

INTESTATES' PERSONAL ESTATES BILL.
This bill passed through committee.
JUDGES AND CHANCELLORS BILL.
On the motion for going into committee on this bill,
Mr. MALINS appealed to the house to postpone the
order for going into committee.
Mr. J. G. PHILLIMORE objected. The bill contained
only two clauses, and provided for the transfer of the
judgeships of the ecclesiastical court from the bishops of
dioceses to tho chancellor.
Mr. MALINS moved that the Chairman report progress,
and ask for leave to sit again.
The committee divided, when the numbers were--
For the motion 25
Against it .. 3l
Majority against the motion —6
On clause 1,
Mr. MOWBRAX moved that the Chairman leave the
chair. He believed that her Majesty's Government did
not support the bill.
Lord PALMERSTON said he considered it an impor-