The Sun.
London, England, 1844-07-17 00:00:00

CASE OF MR. O'ORISCOLL.

Earl FORTESCUE then rose to move for information
respecting the grounds upon whAi Mr. Alexander
01Driscoll had been restored to the commission of the
peace. Mr. O'Driscoll was a maiistrate in the county
of Cork. It appeared that, while our, hunt; ,g, he
saw two or three boys on a portion of his land, who
upon seeing Mr. O'Driscoll, run away. Mr. O'Driscoil
pursued them and overtook one of the boys, upon whom
he inflicted severe punishment with his whip. The
matter was brought before the other magistrates, and
Mr. O'Driscoll was fined £2 and costs. Upon this
decision being announced, Mr. O'Driscoll declared
that his brother magistrates had not done him justice,
and some altercation ensued, and the result was that the
matter was brought under the consideration of the Lord
Chancellor of Ireland, and Mr. O'Driscoll was dismissed
from the magistracy, but was ultimately reinstated in the
commission of the peace. It was respecting this restora-
tion that he (Earl Fortescue) moved for information.
Lord WHARNCLIFFE did not think the Noble Earl
bad laid any Parliamentary groulds for the production
of papers relating to this case. He would not, however.
meet the case upon technical grounds. He thought it
Would be evident to every one who had read the letters
that had passed between the parties in this case, that
much exaggeration had taken place. There ceuld be no
doubt that the boy in question had been made a tool of
in order to get up a case against Mr. O'Driscoll. There
could be no doubt that Mr. O'Driscoll had been guilty of
excessive warmth of temper. It would, howev.T,
bc-
remembered that he was interrupted in his field sport,,
by a lot of boys, and their Lordships must all feel hew
very annoying it was to be treated in the way these
boys had treated Mr. OTriseoll.—(Laughter.) Mr.
O'Driscoll was, however, removed from the bench ; hut..
after having been suspended for some time, the Magis-
trates of the county memorialised the Lord-Lioui n
praying for his res'oratit.n to e.e ceintriissoo of the
Pease. After this it wes not hou •h;, tat Mr. 'VP,' a-
cull was unfit to li oil a
and he wa teen f e u t‘ee.,

Pettee. .le (Lora ty harni•liife .)
•••
the in ti.n.

The Marquis of NOICMANIIY gas surprised at t',(.•
Speech which the N tile Lord hail just delivered. He
totally differed from his Noble Fri-nti when he said that
no P(irliamentar‘ t:ro,tild 11,1(1 been laid for the produc-
tion of the papers. 'acts st •ted br his Noble Friend
Fortescue) h no• contradicted, nor
ad it been actemp•ed to meet them any way ; and
illtreft,re tiat. ample gr evel h ,d been shown for
lite !notion which his N •11:e Friend nad iii'. With
IlleAe ft, 1.4, t.ie or• him, he ((he NiArqui, N.wrt.nby)
'would oever lime restored such a man •,(s Mr. (el triscoil
Ito, the trench,told !le rksferred to the course which he
'lad taken when in oftii!e with respect to the case or
Colonel Verner.

Lord WHAIINCLIFFE if the Noble Earl very
Leh wished for tie produet:oo of these papers, hs would
Pr<duee the m.—(llear, hear.)
The Earl of RIPON would not defond the conduct of
O'Driscoll. but he thought there was considerable
:Palliation in his ca-e.
The Earl of 'WICKLOW eulogised the government of
4-arl de Grey, and contended that her Majesty's Govern-
ment„ were justified in restoring Mr. O'Driscoll to the
Detach. He thought it would have been unjust to have
subjected this gentleman to degradation for life merely
4113011 the circumstances which had been detailed with
'.respect to his conduct.
The Marquis of CLANRICARDE contended that
O'Driscoll had been replaced on the bench to suit
Party views and party purposes. He thought there had
not been the shadow of an excuse offered for the conduct
of this gentleman, and therefore he was of opinion that
his restoration to the bench was unjustifiable, and nut to
be defended.
The Earl of BANDON said he had signed the me-
snorial to the Lord Lieutenant of Ireland, praying for
the restoration of Mr. O'Driscoll, and to that memorial
Vet* attached the names of two Peers agreeing in poli-
ties with Noble Lords opposite,
Lord CAMPBELL throught from what he had heard,
that Mr. O'Driscoll was a person who was unfit to be re-
tained is the commission of the peace.
The Earl of GLENGALL said there were a lot of
*Paltry, contemptible, pettifogging lawyers in Ireland,
who were in the habit of frequenting courts of petty
sessions,ofe,ouitn order to pick up charges against the magis-
trates
Itaatcfi:t3. of which they can gain something in the shape
Mr. O'Driscoll was one of the men who
set their face against the repeal agi-
• -11' and the consequence was that he had made
matter, for
obnoxious. He asserted that this was a party
for the charge against Mr. O'Driscoll had been
merely trumped up to suit party purposes. Mr,
O'Driscoll was an enlightened Roman Catholic,and be•
cause he had opposed the repeal conspiracy, every cir-
cumstance was laid hold of, in order, if possible, to do
him an injury.
The Earl of MOUNTCASHEL defended Mr. O'Dris-
"l4 as a gentleman who had well performed his magis.
terial duties for a great number of years, and as a gen-
tleman every way calculated to exercise judicial func-
tions. Mr. O'Driscoll lived in a part of the country
where .entkmen were very scarce—(Laughter)—and
hence he was looked upon with anything but kindly
feeling,
The LORD CHANCELLOR defended the Lord
Chancellor of Irel:nd, •,nd st.id tio,t man had ever
Act.i.inibtered justice in contort with greater
ini-
Partiality. 11, wa- w the -aloe ;.pinion with Noble
Lords on that (the Minist,ri.o) of the House. that
this charge had been got up in consequence of Mr.
VDriscoll being a Roman Catholic, at Conservative, and
an anti-repealer. It appeared from the papers which
!lad been laid on their Lordships' table upon this sub-
.leet, that the assault on ,he b.,y was anything but of an
arFgravated chdracter. tie (Ha not mean to justify Mr.
`-''priseters Coh.411(!!; but this he would say, that a
great deal of exagaeratitai had teen indulge din with
7eSpeet tt. it.
.i'he Earl of RADNOR 1 npon this case. as a most
Important (me, and one upon which they ought to have
.t.tile fullest informatinn. If the boy who was assaulted by
Mr. O'Driscoll had assaulted that gentleman, the case
would not have been treated as a petty assault, but the
()Y wou'd have been sent to pri,on. There ought to
equal justice to rich aad pour, ant in viii matter jus-
tice had not been obtained.
Lord WHARNCLIFFE explained.
Lord CAMPBELL rose, hut was interrupted by
The Earl of WICKLOW. who appealed to their o
rdships whether it was in order for the Noble and
''earned Lord to address their Lordships twice in the
latille debate.
Lord CAMPBELL said he only rose to explain.
oThe Earl of BANDON said, the memorial to the
f Lieutenant of Ireland, praying fur the restoration
O'Driscoll was sign-d by parties, of all shades of
politics, the numbers being almost equally balanced.
Earl PORTESCUE replied.
The motion was then aereed to.
CHARITABLE DONATIONS AND BEQUESTS

(IRELAND) BILL.
Lord WHARNCLIFFE then moved that the report
on this Bill be received. Several amendments had been
made in the Bill in Committee, and he confidently hoped
Irelthe measure would prove a very beneficial one to
tch and.
There were, however, still some amendments
it was thought expedient to make, and for this
~,• PPose he would move hereafter that the Bill be recom-
-,d• The Noble Lord then proceeded to explain the
eet of the Bill, which was intended to settle the law
'withN respect to charitable bequests in Ireland. It pro-
9i4d that a commission should be established in Dublin,
efonsisting of five Protestants and five Roman Catholics,
e
the purpose of holding; charitable bequests in trust.
believed that the Bill would meet with the general
approbation of the people of Ireland, and he confidently
recommended it to their Lordships.
The Marquis of NORMANBY tendered his thanks
2,
'll. t.he Government for having introduced this measure,
2 h he considered a very conciliatory one.
▪ Lord BEAUMONT expressed his satisfaction with
'no measure.
, Lord CAMOYS thanked the Government for having
Introduced the Bill.
oerrt:tieafriLen:
tanae
aosbhort conversation the report was received,
endpinennttesd.were proposed, and the Bill was
CoT intnhe Customs Duties (Isle of Man) Bill passed through
itee.
Tile remaining Bills on the table were advanced a
stage, and their Lordships adjourned.

110 USE OF COMMONS, July 16.
The SPEAKER took the Chair at Twelve o'clock.
METROPOLIS IMPROV ENIENT BILL.
tf
, t 4. The Earl of L1N!".70 A !,N ti :.econd rea g. din of
le!r: polls Impr,weinent
Mr. HAWES ~..resllv iii,sporov,l of the Bill, and
protested atraitist bile way in it was now broute,ht
before the 80u.,e. Th,>re had b. en nearly one hundred
alterations made in the Bill, and these within a day or
tw°No person could have had time properly to look
the Bill in the oh3pe in which it was then presented
to the liouse. If the aiwtopt to carry the Bill further
at that time were p.,rsist, d in, ht should feel hinvieif
-It:stale:l in eloo„g orevio,s qu,s
Th. Earl ~f LINO C 'owe he hail had a teat
ttttt Ilotke he, had lAya:d a.
IA.II to to Prue an::;;.. Bill thaii that of the
•90. lik•iuber tbr Lawny th, and t IV UTI.
'Sir, as a preliminary one, coming tuu from such a
luartor; but of the hundred alterations which the Hon.

‘l.-.11%,er h,el bete, made in the Bill, there were not
'inofe tio,n of ti;e,o hilt what. were in nly verhai
ametkimenti. l'he=e afflendmonts he (Lord Lincoln) had
had prin;el and eireuba.:d, with a view to the eon-
venif.np- of nr.?er ro
,he 11,, ):,.

,aid I • t. ,
to go n 1.); ;.y
, t•,l. • . at.out tia.f•
• 1. Gentlemin had informed h:m (Lord Lin-
' e fOrtl-11,•• OF tfOrldrYli.-”1:S to
,iia• • .1:•,4, -1, )
',..,1 'lot o.;t• o' • hem.
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tits ;.tt in, say. at -U, t.o. en.re
the !lain era 1 fit :.,:indtie-eittg in any
e•te-er -In.) - ed.; ite
h•• .). ' !:FJ.
'•tei a:f e-ded an ace. nmolaitee ,he
wleieh cite Gentb had not been gracieus
••nout.Th to •If.irci.—( 611% ) Havieg given the
House ever: fac:lit reseect to thi t her tie could. he
indulged he too.- than a ..bae censideration would net be
denied to it. Under slice eircumseances. he should re 4; et,
even for tee Hon. Gentleman's own sake, if ite Flu-.uld
seriously endeavour to ino-Tfore with the progress of a
measure which he (Lord Lincele) ha.! reason to suppose
would be certainty a..ceetable out ofd .ors.—(Hear.)
Mr. HAWES said be had told the Neble L ref, three
or four rneliths ago, that he had many amendments to
propose to this Bill ; and he had told bim to again at a
later period, certainly under the expectation that the
Noble Lord w-uld have invited him to lay those amend-
ments before him. He did not do so. and there let the
matter rest. He would accept the invitation of the
Noble Lord, and proceed to state, as precisely as he
could, his general objections to this Bill. He begged to
say, then, that he conceived this Bill neither more nor less
than making -w -a on the whole trade of London. It was,
altogether, of so vexatious a character, that if the public
understood its real character, the Hous would be inundated
with petitions against it. It involved alterations not only
as regarded the construction of the buildings, but of a
sanatory character of the most extraordinary descrip-
tion ; and like all the other Bills of the •present
Government, it was distinguished above all of its other
bad qualities for the enormous amount of patronage it
created for the Government. He trusted the Noble
Lord would be able to state the real expenses which the
public would have to bear under this Act—an Act of the
most over-reaching and tyrannical character, which ab-
solutely interfered so alike with the rich landlord and
the poor one that neither of them would be able to
alter or improve their premises as they liked.
If the present Bill passed it would have the effect of put •
ting a stop to that desire for building which was so pre-
valent at the present mneent, for no party would be
enabled to build engine-houses or otter plaees for rail-
small bridge over a fancy pi.-.c•• of water, er
even a wall, unless they sent for a London surveyor, and
asked if' he approved of it. If they did not adopt, this
course th• y would !;e subject to a fine of 5001. ; added
to this, in cases of buildiugs rererred to hi the Ace it
required thst a ecood foundation sh-uld be found. Was
~et. that, absurd ? Boe ,u-e it ,upp•se,-1
that all srehite.es .0 surv.-yors, unless under toe sane.-
Hon ef the teeoee ,e(av topororio
deties .4" tlt,,r A:1 'oo,L:<-s of poYi(7
tho the

----C i' -

fe:iti:.,rs c. :e its t.;.e-
rati ; and, all .1.1, to that, the- m
Bid would have the
011,i .1 te!im,,4 a,',ay votes ft “,i those who oeciipi,sl
ch,.sni.ors of the value of 101. and upwards. Now, such
a irr:tte,- was a steject of grew con .ideration.
in ihe r'ity of Lon-I 'n. l'here was anwh• r pert of the
Bill to whioh h. wished to call the attention of th,,,
[loose. It wa,, provided :hat tho salaries of the of
referees and registrars should be paid out of Ow county
rate ; and ho felt bound to congratulate the county of
Kent—that county, which produced hops and apples,
always had the greatest benefits. for w bile Alittilesax
paid 1,0001. to the county rat• s, and Surrey 30oL, Kent
only paid SOL In his opinion, pioceedings under
the Bill were by far of too summary a character'.
Under this Bill builders were liable to be called before
justices of the peace, and even workmen were liable to
a line of 50s. if they Iwted contrary to the provisions of
this Act. The 43d clause was also very objectionable,
and he hoped it would be struck out. Under all these
circumstances he would ask if this was a proper Bill to
proceed with at such a period of the session? The public
had not had sufficient notice of the contents of the Bill,
and he thought it might be postponed with advantage to
the public. He should therefore move the previous
question.
Mr. MACKINNON seconded the motion. He ad-
verted .to the recommendations of the Committee for
securing better ventilation and drainage, and stated that
many of these recommendations were omitted from the
Bill altogether. The whole Bill must have originated with
some builder, desirous of putting any unfortunate per-
sons erecting a house to as much expense as possible.
It contained a vast amount of legislation that was totally
unnecessary, and he strongly recommended that it
should be postponed.
The Earl of LINCOLN said he never saw a more
practical illustration of the saying that extremes meet,
than the opposition of the two Hon. Gentlemen to the
Bill. The Hon. Member for Lambeth made a slashing
attack on the Bill, and said it went too far, and his
tHla oee nbaoemugr aeog
amendment,
me
ht
ociFenrhrte: It
int
ihednadtwshatahiissdelaiirote
et:
Icon.
recommendation
did
nbi noteeenrnddf
oawr
formed
ighoooendhfaadr s
ee
en
00nUdgehd.
the
h thee
b asCom-
mitteebasis
o
f
the Bill introduced by Lord Normanby ; but it was found
so impractical that it was obliged to be abandoned.
There was no provision to prevent building back to back.
He thought buildings of that character might be made
consistent with the health of the inhabitants ; neither
were there many provisions with regard to drainage, be-
cause a Commission was sitting upon that subject now,
the result of which would be that there would be general
legislation on the subject next year. The Hon. Gen-
tleman, the Member for Lambeth, had asked that the Bill
should be postponed. He could not see the advantage
of that, as the subject had been most maturely consi-
dered. Most eminent architects had been consulted, and
therefore there was no further necessity for delaying the
Bill. If the provisions of the. Bill were bad, let it be
rejected ; but if good, let it be passed now. It was
not a war on the trade of the metropolis, as the
Honourable Member for Lambeth had said, but
a Bill to prevent the faulty construction of
buildings, and to promote the health of the metropolis.
He thought he had a right to say that the public not
only understood the Bill, but approved of it. The
sanatory regulations constituted one of the most powerful
arguments in its favour, The Hon. Gentleman coin-
plained f way in which the Bill was drawn, and
spoke of its ridiculous minittenes. Whatever the
Government did, it appeared, was wrong.—(Laughter.)
He had often heard the Hon. Gentleman, who was a
great critic in his way, complain of the vagueness of
Government Bills; but when a Bill was broul,ht
forward, which he who ran might read, he
made a different sort of complaint. He also complained
of many of the enactments as being too extensive,
particularly that which referred to the British Museum.
This was r4t!ier unfortunate, sinet the trustees of that
institution had themselves requested that it might be
included. The Hon. Gentleman said that if this Bill
had been in existence some time since there were many
puhlia buildings which could not have been constructed.
this was an unfortunate objection, because within the
last few months an accident had happened at the Brick-
layers' Arms, which would have been prevented if this
Bill had been in operation. The Hon. Gentleman com-
plained also that places of public resort were placed
under supervision. Did he recollect that such a thing
had occurred as a theatre falling down in the metro.
polio ?—( Hear.) Again, the Hon. Gentleman complained
of the patronage given by this Bill. He must say
that if any Government was less exposed to observa-
tions of this kind it was the Government then in power.
He would defy the Hon. Gentleman to frame a Bill of
this sort without the appointment of the officers ap-
pointed under the Bill. He had been told that the num-
ber of referees appointed under it was insufficient ; but
he had refused to increase their numbers, and had only
appointed two. It would be their duty to act as arbi-
trators, and to render the stringent enactments of the
Bill as harmless as was consistent with the public safety.
The Hon. Gentleman had complained of the increase in
the county rates, but the expenses would be defrayed by
the districts benefited. Every endeavour had been
made to make the appointments as fair as possible. With
regard to the objection to clauses 18 and 19, as no
doubt that Hon. Gentlemen would attack them in
Committee, he should then be prepared to defend them
but the Hen Gentleman would find that those clauses
existed in the present Act. He considered the principle
of the Bill so good, that he would not detain tke House
longer by defending it ; and he trusted that no further
obstacles would be thrown in the way of the House re-
solving itself into Committee.
After a few words from Mr. MACKINNON,
Mr. TUFNELL complained of the late period of the
session at which a measure of this importance was
brought forward ; and he thought the Hon. Member for
Lambeth was perfectly justified in opposing it. It
affected every building in the metropolis, and was a most
unwarranted interference with the rights of property.
No doubt the surveyors were in favour of the Bill, as it
brought them a vast additional amount of business.
There was no provision whatever to prevent any one of those
official referees from being the agent of one of the large
proprietors in the metropolis. He was somewhat sus•
picious as to the parties who were to be appointed official
referees. There had been an alteration in the wording of
the clause relative to the qualification of these officers.
Lort.l LINCOLN—It is a purely verbal alteration.
Mr. TUF.NELL thought the alteration most sus
picious ; the original words were " ar. architect or sur-
f architect or surveyor." That looked as if a job were in
preparation for seine person now in the office, who had
! perhaps studied architecture for a short time many
years ago. He believed that, under this Bill, a person
coitil not niter even a window or a door without sending
for the Government surv,yov, Considering all things,
, he hought it better that the present Bill should be with-
dr.,e n, in order that a perfect Building Bid, In 4,3perd •
:ince with a good Sewerage Bill, might be introduced at
an early period of the next session.
The Yawl of LINCOLN briefly explained:
Tire gillery was them cleared for a division, Okeu ti. 4
numbers were—
- -

For going into Committee
Agaiast it
Majority
The ;louse then went into Committee upon the Bill,
and the preamble teas postpone!.
Clauses 1,2, 3,4, 5,6, 7,8, 9, 10,11, 12, and 13, were
agreed to, with a few verbal amendments.
On clause r' being put,