The Sun.
London, England, 1850-02-06 00:00:00

SUPPLY.

The House then went ii to Committee of Supply, Mr.
BERNAL in the Chair, and a resolution was agreed to that
a supply should be granted to her Majesty.
AMENDMENT OF THE LAW IN IRELAND.
The SOLICITOR-GENERAL moved for leave to
bring in several Bills to amend the practice cf the law
in Ireland. The first was to regulate the process and
practice of the superior courts of common law in Ire-
land. The House was probably aware that some years
ago an Act of Parliament was passed for the purpose cf
producing uniformity of process in this country, and the
principal object of this first Bill was to extend to Ire-
land the provisions of that Act as far as it was possible
to do so. A contrast between the practice of the
courts of England and Ireland would establish tho ne-
cessity of this measure for England. Wlen a personal
action is commenced, a writ of summons is
issued without reference to the time of year,
and upon the defendant being served, he is bound
to appear within four days and plead within
eight. If he did neither, then judgment by default is
signed against him, or if he pleaded the case was soon
carried into court far trial, and in both instances the
results were speedily arrived at. In Ireland a totally
different system prevailed. The first step taken there
is to issue a espies ad respondendum, which is issued
to the sheriff, requiring him to take the body
of the defendant, and produce him on the first
return day. Upon the defendant, however, applying
to au attorney, he learns that he need not appear till
eight days after the return day, and if in the mean time
the term expires, then he need not appear till
eight days after the return day of the next term.
The censequence was that much delay and many
evils were occasioned, and it was, therefore,
proposed to extend the same system of uniformity of
process to Ireland that exists in England. Another
provision in the Bill was to establish uniformity of
practice amongst all the courts in Ireland. At present
there w as considerable disagreement between the practice
of the various courts in Ireland, which, in point of fact,
amounted to little more than a snare upon the practi-
tioner. It was also proposed to consolidate the ,writ-
officer, and to make souse alterations in the form of
pleading, so that the pleadings might be entered in a
book and made ef more easy reference. It was
considered in Ireland a desirable thing that there
should be continue us Nisi Prius sittings, and it
was proposei to effect that object by providing that
all the puisne judges should sit each term in rotation,
every term instead of in Banco, which would bring it to
the turn of each judge about once every three years.
Another object of the Bill was, if possible, to produce
some equalisation in the business of tho courts in Ire-
land, which at present was very disproportionately dis-
tribute d. Those were the leading provisions of the Bill.
There were various minor details with which he did not
think it necessary on the present occasion to trouble the
House. He proposed to allow some little time before
the second reading, to enable persons most conversant
with the subject to peruse and consider the
provisions of the Bill. lie had received the
opinions of one or two of the judges in Ireland, which
appeared to be objectionable to some portions of the
Bill, but there was no great difference cf opinion among
the judges as to its leading principle?. The Member for
the University of Dublin was preparing a Bill of this
description in the course of last year, and having heard
incidentally that her Majesty's Government bad it in
contemplation to introduce the present measure, the
Hon. and Learned Gentleman, in the handsomest man-
ner, wrote to him (the Solicitor-General), stating that
the matter would be much better managed by the Go.
vernment than he could hope to deal with it, and that
therefore he would leave to them the duty of intro-
ducing such a Bill.
Mr. MULLINGS was understood to throw out a sug-
gestion to the Learned Solicitor-General that in framing
his Bill some provision for the serving of legal process
during the long vacation in Ireland, between the 12th of
August and the sth of October, should be made in it.
The SOLICITOR-GENERAL said he would give
the suggestion his consideration.
Mr. SADLEIR said he felt, in common pith a very
large portion of those who were interested in law reform
in Ireland, the great services which the Hon. and
Learned Gentleman had rendered by devoting so much
of his. time,. ability, and industry to the removal of those
legal impediments which so seriously stood in the way
ef agricultural improvement and the advancement of
trade and commerce in Ireland. He (Mr. Sadleir) quite
agreed in the principles which had been stated this day
by the Hen. and Learned Gentleman. if he had any-
thing to complain of with respect to the present Bill, it
was that the proposed reforms were net more extensive.
With reference to the question of service, he thought the
Hon. and Learneu Gentleman had been happy in the
selection of those parties to whom he intended to confide
the service of law process in Ire!and. They were men who
were appointed after a cal eful investigation into their
previous life and conduct, and they were vigilantly
watched over by the assistant-barristers in each county.
But cue of the greatest and most serious evils connected
with the service of law process in Ireland was the gross
injustice which arose from the fact, that, as the law now
stood, it was wholly impossible to effect a service of law
process on a certain class of debtors in Ireland. He al-
luded
to those who might be possessed of lanced reve-
nues in that country, and who might avail themselves
of the premium which the present rules of law held out
for absenteeism. There was no speedy process for
reaching persons cf that description. With reference
to the dreadful delays which took place in
Ireland, and perhaps in this country too, with
respect to the disposal c f Law motion trials,
he wished the Honourable Gentleman could devise
some plan by which those new motion trials could be
taken in the first instance, and not hang on from year
to year. He was happy that in the projected amend-
ment of the law the practice of compelling attorneys
practising in the law courts in Ireland to be continually
making affidavits would certainly be diminished, and he
could wish it were done away with altogether. With
reference to actions of ejectment, he did not know
whether it was contemplated by the present Bill to
simplify the process by which parties proceeded by
ejectment to obtain repossession of their land ire cases ef
non-title or of non. payment of rent. Nothing could be
more vexatious, more tedious, or more inconsistent
with plain justice than the present pre cedure in actions
f ejectment; and if it were possible for the lion. and
Learned Gent'eman to introduce anything into the pre-
sent Bill which would lead to the simplification of pro-
ceedings, by which parties Fculd re gain possession a
their and who n necessary, it would be conferring an
inane( nse advantage, net merely upon the landlord but
the tenant-class in Ireland.
Mr. NAPIER said that from the object and the details
of the me asure he f.. It assured that it IN ouli Le received in
all parts of Ireland as a great boon. He, therefore,
hoped that the measure would be carried out in a fair
spirit by the House, for he was convinced that if it
was so that it would prove of immense benefit to Ireland.
M-. HEADLADeI cordially agreed with the view which
his lion. and Learned Friend had taken of the subject of
this Bill, and believed that if be persevered in the same
course that he would earn as good a reputation for the
promotion of legal re forms in Ireland as others had
earned before him for the rectification of the govern-
ment of real property in that country.
The Bill was then read a first time.

COURT OF CHANCERY REFORM (IRELAND)

BILL
The SOLICITOIZ-GENERAL then rose to move fur
Ivan to bring in a Bill to regultit3 the Court of Chancery

d

,n Ireland, with a view to reduce the expos" erir'\
Aloi ten the proceeding; in that, court. —(llcare ileli
'The Bill had been laid Lefore the Lord Chancellors?
Ws'
England and Ireland, and both heartily approved 0
principles, but of course did not pledge themselves i
all the details of the measure.—(Hear, ofof,„firs
object of the Bill was to get rid of the prolix so cl
pleading now used in that court. The Hon. and
state.Leirne
Geetlerean then went at considerable length into a ~
ment e f the various delays to which a bill in the Co?rrb
of Chancer is eubject, and the numerous costs will.
consequently fell to the lot either cf the plaintiff awe_
Pendant to pay, and thee' proceeded to say, that iridesB°
proposed to substitute the modelef proceeding
lor the pi e sent tedious process by Bill, giving to tbe,iell eee.
in certain cases the power of taking viva voce evidence'
Such cases, howeeer, he apprehended, would not be.n_La, -
mercies, as when much viva voce evidence was reeiter!_`_
it was evident that the beat tribunal before which tog lv!
it was a jury.—(Hear, hear.) It happened also thata7.
many cases the only matter of dispute between the fae.
ties lay in one particular instrument. In this cote 1.`61
where such was the case, it was cust )naary for l_eto
Chancellor to give an opinion alone, without going r.„
the whole of the circumstances, and they propose.tyout,
give to the parties engaged in such case, the rig,.lit'he
taking the judge's opinion, so OA the matter oligu ties
by pes
decided at once, due care being Laken that all the par c„
were teFore the Court,:and that' all matters involving lir.)
counts should In referi el to the Master.---(geer' beleiel
.The next thing they proposed was to give the Chaiintieg
lar, in particular cases, the power of atikifdihet he
upon certain points, so that the suit wig tibia
broughti to as early a termination es eeCourt to
Ie proposed by this Bill to give power to the ~ fit,
direct any inquiry to be instituted when it the
tbet
require
the
and in some cares it empowered parties to
to be done under penalty of paying costs when lie
Master did not think fit to grant the app Zags
also proposed to limit the time in which apeesism tee
be made from the Meet2r to the Court, sna„lf°,Therid
Court to the House of Lords. This was the DE,),Ia be
scope of the Bill; and he did not think that it e'en-doe,
necessary fa- him to go further into the views ili Dill
jests of the measure until he went through tno-
clause by clause. With respect to minor details, belray,
posed to pay the secretary of the Chancellor detail'
loot
and not by feu, and he also thought itifs; no
to give a secretary to the Master of the Reought
judge in this country was without one, and be ,ells 0
it was quite impossible for the Master of the
get through his business without one. „, sae'
Mr. FRENCH conceived that if there Were telcourt
rations essential to be made in the practice of t'eet tad
of Chancery in Ireland, it was quite neceesary tu'eit, in
should be extended to England, for there were no eja the
the Irish Court which were not quite as apparent ha the
practice of the English Court. Ile did not see.vi I'o tee
experiment should first be tried upon thee°. el where
new office about to be created, he did not see wet' Dolls
three-fourths cf the business cf the Master of s-e.houla
was about to le taken from him, that an officerietaout
be created for whom there hal been tie P
necessity. which
Mr. SLANEY considered it was a 0 lbehlfbougo
would be eminently successful in Ireland, 50'.--0(to the
that that country was under much
Solicitor-Gereral for introducing hies /t 7
Mr. SADLEIR said his experience would lead _ and
say that this measure would be a very beneficial oe_velotest
that every Irishman would consider it one of the gr ets
boons which had been granted to that countrY•Whiea
thought it would soon be extended to this countrY'hesa)
had quite as much need of it as Ireland.--(ilea r:4 both
There were three great defects in the practice Zo mode
the Chancery Courts, in the mode cf proof, Bill et the
of trial, and the mode of appeal. This 13. this- de-
Solicitor• General went a great way to ren3e,dfac,„ eti'
feet in the mode of proof by substituting viva aanotage
dace for written depositions. The great au''otber
which the Court of Chancery possessed overfhat it
obligati°
tribunals was simply concentrated in the,fseet' niaiatiff,
had the power of probing the conscience or tue r Thilv
and defendant by putting them on their oaths.
success
power bad been conferred with remarkable ~ tiod
in RA'S:iota
upon courts of quarter sessions
had worked well also in the New • wrist
Courts in England. With regard to the adelp.o4 bf
of justice he conceived that the Bill, as e3rF4el of lb:
the Solicitor-General, would do away with 'll7' ed, °-
absurdities to which he had adverted, and be “ 0
soon as the experiment had proved successful, that to tile
power given in the measure would be extendeuaaotott
common law courts, and thus lead to the uttersestaiii, be
of the Court cf Chancery in Ireland. Th moo to
thought, would confer great public advantages eP
gee at
country.—(Hear, hear.)
Mr. PAGE WOOD said he witnessed wei/bregfor°
satisfaction and delight the commencement or
..„5` as uloci
of this importance, though for the present it
”jje bad
I,
fortunately confined to Ireland.—(lleac, hear.) Getters
listened to every word uttered by the oft the
and having made inquiries into the nature/reload'
procedure in the Court of Cbaucery inifi aeug!
he knew that the defects which the Bl" deice'
to remedy did exist. Now all these
saeog
existed in England, and his satisfaction eta,. die
this measure introduced was in proportion to P' a to
eatelloetiatie
satisfaction which he felt at its not being
England—(Hear, hear.) It was imposeible to c°Pry ie
the existing system of the Court of C,,hatshct't tbB
England much longer, and he trusted - the pro'
pGroiev.teyrnomf ehnrtinwgfoutgildfotrterdinatonicifontsoidreerraateidolyi e eat.
didtumriun gs t thhee
grieved
dt
andsession.
pa u e
dE vteory its
fed wilb
enormouselay; and
expensesru i n whiche re a
ttehde a vmeoxuagt i osuusi t
oprrso ci
ne ctabiii
ee:pe es at re
..10'
The Court of Chancery had been compared, Per e t° 7,
facetiously, by an able and most learned lasw_ia:e'trf,elv,
giergeat mfoarchicnoesfttsi.r griTnhdiisng downu, land in the e distrew,
eTghgreereat t
pi
orlinae,crti t
ihoCunteenr
st. Consuls, and then %
it
in
ticiesmcoeuarst fromdntt hioroiinnnkegd°coaln°ufenbPntt" 1 jeraci°oet.t:l is°l:llllll°6efl.'
olarrgle7s3 ears. He concluded bv expressing his '' e
tisfaetion at the introduction of the measure.
twthhheea tsahmehneaedfiet:rilas-sosaefndd
tibgnerletvhat House, 11"/ , erieir
Mr. HENLEY said it would be impossibie'etes°
to e- at
mareesurepretroaioleEndogialenF,d'egloseiti
as well as Ireland he could se s
oiopsus
nihffifni
oo:cetuleictsrll
hsodd.
enl%nssioceiet
ue extendL rstrong to
certainly propose
in Committee the
the word England. er
4AGH said greet difficulty lad been
itrl.ti
deal
moat
tontfodenen t rheoatshoubrawneeerheneosuorerfgateshde
tii;biYndtitiOiejo,infileofe
et iene'd
min getting through the routine I,celeede
existed duties
aasster of the Rolls' Court hi to tb°
q:evyreehnlacienehd,othhfaaltdiutnties being attached 'On (0
Master which bad no reLetel Dove
president of the court iiii aeolefri
aewassttuhsireoatnhl
sister
s itnegtrievnke tntii: di 5.0:::73:01:0:011 -11 l
was,nofountlidearteiofoeref,or gthlaedimtphrat these Bills would hate ll°
ili
o dissartaislfiasecttiohne lainw
effect of convincing the pooole flreland that /1"-
Mr MULLINGS, having had much 'be
practice and working of the Court of Cejorere'rel'aiPjtivi;
; co ie.° g
and equity courts of _ a gar
land, could bear testimony to the cave, , jowl ,
• iia Doe
and miseries which it gave rise to. One sirePieta illeia
eitaheti cel
farm;i hthaed come a
habuses
eusn d ewrhhiieshowenxistr lieudgettraloe 'lt
0/ tetrii
the auaountionf
Two brothers held a Wel ; r g(io
oneffice.
~_
the
profitco udrusee
to
of t
htiem time i ae e
peliins dispute tpea:tge, :hi;
ended in a suit in Chaecery, and eventu-al/Y ita,vied° ftel
tied into the Master's office', where it re 391 any
mounted
aseasuendttuoeedl Btuo3p7tt,hewelh7ep, when
uoifotuiwt
......i
plaintiff,
foundsultheear e
hot
sehtsasrt.,t eseors i a e P
when the Learned Soligcito a
Mr. WALPOLE re retted that he wel-11°stteitlel,e,ebal;
ilepuga
Government
oe
reeoruelmd e
nt
Members who had taken M
imade 03 - lea nil
r-e.enara, OOOO 0.
nottoheexip , „, 0
in this debare 111
13Ij
to England. The great evil of the ,Ittster . pr°.
rn 10 ge
this country joining with other ee eatrev
was that al• • given a- 001,
no pu 'city was the tae
ceedin otenndpatrhteprovisiousof
tlietfrive, i
ge• He hoped the discussion on geed t°
vie'
quent stages of this Bill would not be c°13"1,-acoll'e-ti
aagal Members in the House ; and gave it i/ -- Bag--
Lion, that such a Bill was as much necessary 10:
readafirst
was then given to bring 00
as Leavela.(, hear.) e hit h
in the Do, /v
feepg ItsF, lee,
REGISTRATIONtim OF DEEDS IN A"'"?for " liel
The SOLICITOR-GENERAL rose totioo
there was no
to bring in a Bill to amend the law for reg: Ettiroi
assurances of lands in Ireland. Ile saike-a-s a Itß•ie- d
system of registration; there'hiatese% re i
qualified registration for two counties, 011' was siee-ef
Yo.rkshireabut that was all In Ireland theresvo o_, t° it'
stringent system of registration; but there ;ober"- A
general opinion that:very consideral defects at' areve•first
memorial
ch it was of the greatest importance to re,o tbe had
of deeds was registered in Ireland 'sition si o 1
instance, but in framing that memorial a dis Pee objee;oo
been shown to keep back the real contents eniepoig.."o.
the deed, though he did not think that tbe•tbiat noeiata
erixiisted to any great extent. In registering that Celr.,,re
.1.
sdT_P- described
redaninel bal
Besides
nature
hhrheaiaar itt do
it was
daewt sehaamegsl itevewno
dealingriwastihai certaindthiTdehinant .t° :I:
laaenit IsedteisS:dlsnlitebilio_jelicenti II? Pi
rtriid ibeflirl
not an easy thing 0
had been dealt with, or what memorials be- of decd
tered in the office
h by possibility mi ht affect
.11 the - owing to the defective elsteeniaorf iaes
lw gfeh indices. Unless a registry gave if he ere
a "pea a se- I
going to de I • h g
and an evil ; they had better have no ITO /tor, hfroo .r
a with t e land registrationr bect'aeron s/grh.)
The lane
an mperfect or a defective one.---, ai to °eel, •
extent, that of an eminent conveyancer' e pof the reforms now conternplele".lecceso-
perty. He rich, e cf,,al3-‘1
who prepared a Bill for the better converlaci areia-d;
from the trigonometrical survey lately enade,tio clifferteol'e
by that means they would have a map NY° "each le-led
proposed to make a lanai index 90 irelso t
plots of land marked upon with lettere, ,d he ea' cc'
having reference to another index which wont erteia e
an index of titles, boo J fa.
on search the exact plot of land, and the srotits 0
county in which it was, in the map. The erePoratelitha
too complicated by far for him to describe
1: lg. le
wilt
from which it could Le e9e'nst ew.
:he House without a map and other Om wc'heu 0. ter
registration of wills it was proposed that ,c, 00_0,
was not proved it would be necessary
ofl the woo
the will with an index to the eaLee doeutee
of
tator. Ho proposed that all those ode Ad
which were registered should have Pr.7ere strolim,
those which were unregistered, otherwise e "'sown', to
be little use in making any alteration. The deeteetta
hoped, would prove what was very desirabide, aloe 101:r
protection to all who had dealings its lee 'ova lc°. 0,0
render the transfer of land a much simpler eete /1, A
.ith cues or"
pensive transaction than before. It was " 000se ; troe .
that the measure was brought before the him to ill r-
he hoped, therefore, that they would allow 10,0 fr
duos the Bill, especially to there would LA OP