The Sun.
London, England, 1857-08-07 00:00:00

their earlier years. The present bill was founded upon
that principle, and he thought the Government was per•
fectly justified in taking the steps they had. At the
same time he muQt admit th:-.t the coloni-its of New
Zealand had no legal claim on the house. They merely
appealed to the generosity of the British Parliament ;
and, under all the circumstances, he thought the house
might give the appeal the most favourable answer.
Mr. ADDERLEY urged upon the house the necessity
of passing the bill, which was calculated to be of the
greatest service to the colony.
Mr. W. WILLIAMS and Mr. Gruifir opposed the bill.

learned Attorney-General sufficient reasons for his main-
taining it in its present form ; but he must c ratess that
the learned gentleman's statement bad disapoointed him
in that respect. He was afraid that the Lord Ch: n-
cellor, with the other judges, would not be able to find
time within the few days to be allotted them at the end
of term to dispose of the increasing business that was
likely to arise under this bill if passed into a law. No
thing was so bad as to propose to give a remedy and not
give it, and therefore he thought power should be given
to aggrieved persons of petitioning judges of assize on cir-
cuit. It was necessary, if they determined to grant di-
vorce, that it should be given fairly and freely, and he
hoped that the Atorney-General would look t the prac-
tical w orking of the bill, and take care that its provi,ions
would not deprive the people of this country of the re-
medy they proposed to give them. He could not agree
with many of the doctrines that had been held by hon.
members on the subject of divorce, but he expressed a
hope that it would not be made so easy a matter in this
country as it was in Pruss:a. He implored the house to
pass this measure in such a shape as to prevent the pos-
sibility of their having again to reconsider the subject,
and he expressed his readiness to supoort the clause if
the Government considered it essential.
Mr. HENLEY contended that it would be impossible
for the proposed court to discharge the business the
measure would create.
Sir G. GREY said that the motion before the com-

Mr. FITZROY said that if the committee passed
the present clause now, it would to perfectly
compe-
tent for them to propose a clause inconsistent with it,
on bringing up the report, and to strike out the pe-
a* Clatlqe.

Mr. GLADSTONE asked the chairman of the com-
mittee whether any precedent for such a proceeding
had occurred within his own knowledge on the part
of a cornmit'ee of that house ?

Mr. FITZROY did nut certainly know of such a
case within his own knowledge ; but it had occurred.
Sir G. GREY said the G)vernment would consider
whether it would be desirable to introduce such a
clause on bringing up the report.

Lord A. CHURCHILL said, from a personal visit to
New Zealand, he felt certain that the colonists were
possessed of means fully ample to liquidate the loan.
Mr. CAIRD thought that the demands nearer home
ought to be considered before they advanced money to
a distant colony, which stood in no real necessity of the
assistance.

Mr. WHITESIDE had understood the Attorney-
General to say that the clause was insufficient, and
he protested against passing a clause which it was in-
tended to supersede. The profession were perfectly
well sure that the Lord Chancellor and the Cbief Jus-
tices could not sit with the judges of that court.
The hone then divided, when the numbers were—
For the clause
Against it
Majority —3l
On clause 9 being proposed,
In ans wer to NIT% GLADSTONE and Mr. HENLEY,
The ATTORNEY-GENERAL stated that the court
would not take coznizAnce of snits for nullity of marriage.
Mr. HENLEY, therefore, moved the insertion in
line 10, after the word "dissolution," the words, "and
nullity of marriage.".
Mr. AYRTON said he believed from this clause,
taken in conjunction with clause 10, that all the three
judges would be required to act together in every case
of dissolution of marriage, which was impossible.
The ATro RNE Y-GENERAL assented to the amend-
ment proposed, and stated, in reply to the hon. member
for the Tower Hamlets, that the petition in the first in-
stance would be heard by the judge ordinary who would
have power to order a trial ; but the ultimate decision
in all cases would be given by the full court.
Mr. GL A.DSTONE said he did not think the lan-
guage of the clause conveyed the impression given by
the boo. and learned Attorney-General.

Sir H. WILLOUGHBY said be thought all the good
this loan would do to the colonists would be, that it
would enable them to get into debt.
Colonel SYKES said the question before the house
was a very simple one. If the colonists raised the pro-
posed loan unaided they would have to pay about 8 per
cent.. but if the Government guarantee was given they
would save half that amount of per tentage, as the
money could be got for 4 per cent. The question there-
fore was, was it under all circumstances the duty of the
Government to assist the colony. (Hear, bear.) He
hoped it was, and at the same time they should carefully
examine all securities, to satisfy themselves that no lass
would be incurred by the transaction. Although alto
gether disapproving of the system of Government
guarantee., in this case he should vote for the second
reading of the bill.

The house then divided, when there appeared—
For the second reading
Against it 23
Majority
The bill was then read a second time.
_ _

The CHANCELLOR of th; EXCHEQUER said as
they were so near the day fixed by the House of Lords,
beyond which no bill would be read a second time, be
proposed that the bill should be committed this evening
after the other orders of the day.
The motion was agreed to.
SALE OF WASTE LANDS (NEW ZEALAND)

Mr. MALINS said the lxrigna.e of the clause and
of the hon. and learned Attorney-General were both per-
fectly clear, but they were quite in opposition.
Mr. PALER was of opinion that the clause con-
veyed the same sense as the explanation given by the
Attorney-General.
Some discussion then ensued as to the propriety of
substituting the words "or annulling" for those pro-
posed by the hon. member for Oxfordshire.
After !pulse further conversation,

BILL.
Mr. J. A. SMITH said the object of the present bill
was simply to enable the New Zealand Company to
accept the sum of 250,0001., guaranteed under the bill
just passed in full discharge of their claim of 268,000/.
The bill was read a second time.
NEW ZEALAND GOVERNMENT ACT AMENT-

Mr. WALPOLE maintained the propriety of the
word " annulling," and said that in the canons of IGO3
the words "annulling or dissolving" were used.
The ATTORNEY-GENERAL said that if he could
avoid these verbal discusiions he would be very glad.
He saw no objection to the word " nudity."
After a few words from Mr. HENLEY and Mr. MALINS,

The words were ordered to be inserted.
Mr. BOWYER then said that hon. members near
him were under the impression that the words " or nul-
lity" were agreed to, but some doubt had arisen as to
whether the words passed were "nullity" or " annull-
ing."
The CHAIRMAN said the only words handed to him
were "or annulling," which had been passed.
Some conversation followed on this point.
Some verbal amendments were agreed to.
On clause 9,
Mr. DRUM BOND said that if he had been supposed
to express a desire to give a facility to dissolution of
marriage he was misunderstood. But if any relief was
to be given it ought to be extended to the poor. Rich
and poor, the Attorney-General said, were relatiye
terms, and so they were, but he was willing to leave the
rich to the expensive courts He mentioned a case in
which a man convicted of poaching absconded, leaving
his wife and children chargeable to the parish. Years
afterwards he was found living in competence as lard-
lord of a publics-house, and with a woman who passed as
his wife. Proceedings were taken to compel him to sup-
port his wife, but it was found that he had taken the
house in the name of the woman with whom he lived
He offered to let her live in a hovel.on his property, and
come for food to his house, and receive it at the hands of
his paramour. That was a oase in which the wife ought
to be able to obtain relief from the county court. The
ho'n. gentleman then moved to add to clause 9, " and
the said court shall alone have jurisdiction in all cases

where either of the parties to any suits before it is a peer
or heir to an hereditary peerage, or where the prop-rty
settled at the time of their marriage cmaisted of charges
on land of the annual value of ; bw. in all cases
where there are no hereditary peerages in remainder, and
where no realty has been settled on the marriage, and
where the parties do not reside in L mdon, the said judge
ordinary shall authorise the judge of the county court in
the district where the parties reside to try the case, and
pronounce a decree for judicial separation."

The CHAIRMAN said the clause could not be
moved as an addition to clause 9. The hon. gentleman
must move it at the end.
Mr. GLADSTONE had hoped that they would have
had a discussion on the principle of the amendment. He
wished to ask the Government, on this clause, what was

their view of this matter, and what means they would

THE SUN, LONPON, FRIDAY EvEN !NO- AUGUST 7 iR 5 7

,-,f the bin t,o the Ctty of 1.,,nd0n, f;r to t.l.Jse who re-
sided in its immediate neignbourhnod.
The committee di ided, and the numbers a-ere--
For the clause
Against it
Majority 59
The clause was then agreed to.

Clause 10, providing that cases involving the diQsolu-
Lion or sentence of nullity of marriage should be heard
by three judges, was agreed to after borne verbal amend-
ments had been introduced.

C awe 11 was agreed to with amendments.

On clause 12, relating to the sittings of the cour',
Mr. BUTT moved an amendment, providing thattnere
should be given to the jmiges of county courts, in places
where the superior court was nut sitting, power to enter-
tain applications for judicial separations, and to grant
decrees, subject to an appeal to the superior court.
Mr. FITZROY held that the amendment was irrele-
vant, and could not be put. The amendment therefore
fell to the ground.

Lord LOVAINE inquired whether it was the inten-
tion of the Givernment to appoint other places for the
holding of these courts.
Lord J. MANNERS said the clause did not show
whether the c iurt was at any time to sit anywhere ex-
cept in L indon or Middlesex ; and it was desirable that
the house should have information upon that point.
The ATTORNEY-GENERAL said it was not in-
tended that the court sa;•al i be itinerant.
Mr. WHITESIDE said the clansecontained the words
"or elsewhere," so that it might be sent to the Scilly
Isles for aught he knew. He suggested that the words
"or elsewhere" uhould be omitted.

Mr. HENLEY expressed a hope that the words might
be retained. If the words were struck out it would seem
to imply that the wish of the committee was that there
should be ❑o local jurisdiction. At the Fame time he
feared that the words would never be acted upon.
Mr. HILDYARD thought the value of the court
would not be impaired by stroking out the words.
Sir W. HEATIICOTE was in favour of retaining the
words.

The clause wag agreed to.
On clause 13, relatinv to the seal of the court,

Sir W. IIEA.THCOTE said that the clause as worded
contained no meanii.g.
Some amendments having been made, the clause was
agreed to.

-Clause 14, " Officer of the court," was agreed to.
On clause 15, " Practitioners,"
Mr. WARREN moved that the chairman do report
progress.

After some discussion, the amendment was withdrawn.
Vi-count GODERIOII askerif it was the iwenti(,n
of the Government to introduce compensation clauses
for the matrimonial licenses of the proctors.
The ATTORNEY-GENERAL said it was on the
same footing as in the Teetarnentary
Mr. GLADSTONE thought it would be better to re-
model the clause.

After some discussion the clause was agreed to, on the
understanding that hereafter the Attorney-General
would bring up a new clause, and
The ATTORNEY-GENERAL said he proposed in
another session to introduce a bill to throw open the
practice in the Court of Admiralty.
The clause was then agreed to.
The Chairman was ordered to report progress, and ask
leave to sit again.
The ATTORNEY-GENERAL said he proposed to
proceed with the bill this day (Friday), at twelve o'clock.
(Cries of " Oh ")
Mr. Matins, Lord J. Manners, Mr. Henley, and Mr.
Gladstone protested against proceeding with the bill at
that hour, be-ause V.e most important clauses had yet
to be considered. Many geetlemen were engaged on
committees, and could not attend the day sitting.
Mr. MALINS said that if government persisted in
proceeding with the bill to-morrow at 12 o'clock, he
should attend and move that every clause be expunged.
After some further discussion,
The ATTORNEY GENERAL fixed six o'clock for
the further consideration of the bill.

PROBATES AND LETTERS OF A.DMINISTRA-

TION BILL.

After some discussion the further consideration of this
bill was fixed for Tuesday next at twelve o'cl,rck.
CONSTABLES (DETACHED PARTS OF
COUNTIES) BILL.

The order for the third reaiing of this bill was read
and discharged, and the bill withdra vn.
PRISONERS RENIOVAL BILL.

Sir J. Y. BULLER moved the seen,.: reading of
tbis bill, which was for the purpose of allowing her
Majesty and the Home Secretary the power of remov-
ing prisoners sentenced to hard labour from the prison
in which they were confined to convict prison,, or on
public works, as the Home Secretary might think fit.
It would have the effect of removing prisoners from the
neighbourhood and evil companions, and act as refer-
matorieF.

Mr. MA SSEY objected to the bill, as it would have
the effect of destroying the distinction between penal
servitude sentences and those fur short periods. It
would have the effe"t of producing confusion in punish-
ments, and confound the system of sentences. It would
alse give the Home Secretary the power of aggravating
instead of mitigating punishment.