20 JULY 1861, Page 7

Itliatto To* üiztg iuptrtiost. OP ff.ORDSI MANktY„jaY;15 , - , ALIU , Zial Administration (India) ;

Lard Ellen- Speech,,Tre,aeore Trove; Lord Talbot,de Malahide'ommtionAdridnisire- tion of Justice in Ireland: toes Clanricarde's motion—Eastern African Slave Trade; ,Lord Strat,heden's motion. Tuesday, July-1&—a$ 'India Connell Mill passed .thrdumil 4SS50118 alll read a third time and passed. ,TMitraday, July 18.-,gast J,idin gh Courts of Judicature Bill; seeond.rearll'Ig- -East India Civil Service Bill; second reading. evaiday, July19.-,Discussion on Poland.

Henn OP C011310p8, Monday, July 1E—General Wyndham'a Appointuent ; Mr. Coningham's suestion—Confederate Stake; VT. Duncombe's noestion—Xducation Vinland) ; Mr. Butes;resolution—Supply; Educationestlinate ; Static Pau AtedealP- non estimate—Offenees against the Persons Bill; consideration of amendments. Tuesday, July 16.—Irremovable Poor Rill paused through Committee—Galway Sub- sidy; debate on reception of Mr. Irwin's petition,-Bankruytoy Bill; Lord Yalmer- 0We stataynentEeMli,Ponsulship ; Mr. puncombe's motion—Metropolis Local Ma- 1413aRient.Ac Amendment Bills; read a second time; No. 2, withdrawn.— APPPIY ; National Gallery, die.

, lirednesdaY, July 17.—Mines Trespass Prevention 4vithdrawn-,-31etropolis

• itlikuageineRt AQta At1161101Mt Allt; Vommittee. Thursday, July 18.--Sopply; -Civil Service ,F.sitimates—BanIcritPtry and Insolvency ; Consideration of tbA Lords' Amendments—Morbiun University Bill; .COM- Mittee. :Friday, July 19.-ialsmd .Rovenue Cosingbarcee reauss,-resnce and :the Wand 0 Sardinia.

31919:1AY, ..04:44Y Arg.

,House Qf horee.

4D3EIMMELATION (INDIA) But“---The Earl of ELLEN- BOROnG11 presented a petition from Europeans resident inkrarious parts Of India, praying, in the first:instance, Ihat)n all eriminalgases kgro- peons should the tried only by European judges ; -a prayer which, he thought, ought to be aceede,d to. Their next demand, however, he was not equally favourable to. It vas, that Europeans should be tried be- fore a single European judge. He thought it was desirable that if legal gentlemen were to be sent out from this country to India to try (minimal eases, each of them should have a civil servant sitting beside him, who was acquainted with the people, their language, and the law, for, he thought, in most cases, the English judge would not know any one niche three. A further request, that such oases should, if the accused desired, be tried by a jury composed entirely of Europeans. This, he believed, besides being practically impossible in most places in India, would not oonduee so much to the satisfactory administration of justice as the trial -by -two competent judges. The noble Lord also presented a petition from the Anglo-Indian Protection Society, com- plaining that no iuformation had been given to the public on the sub- ject of the Mysore Grant, and also taking objection to several charges, which, it was alleged, were -thrown upon India without due investigation, TREASURE TROVE.—LordEthBar in IIALABIDE asked whether it was the intention of-Government to take any steps to alter the present state of the law -with regard to treasure trove. -Cinder the preseut law it was a -very diffieult matter to save from the melting-pot -numerous ancient articles of gold-and silver, whioh threw great light on the arts, manufactures, and eivilizatien of past-ages. Ile concluded by moving for copies of any eorrespondenee between Government and the various archa3ologioal associations on the subject-. The LORD -CITANCELLOR replied that the great difficulty in the way of legislation on the snbjeet arose from the fact that this particular prerogative of the Crown had been made in former times the subject of a variety of grants, and though the Crown might be willing to forego its own rights, any interference with the privileges of the gran- tees would expose the public purse to claims for compensation. Ile would take the opportunity himself of investigating the subject, and if he found anything further could with propriety be done, he would bring -it before the Government. The motion was agreed 10. A.DMINISTRATION OF JUSTICE IN IRELA.ND.—The Marquis of CLAM- RICARDE rose to move-an address to the Crown for a commission to inquire into the constitution, practice, and procedure of the Common Law and Equity -Courts in ireland. The Irish judicial establishment was out of 41-proportion to the work it had to perform, and he re- gretted that the reform of the English Courts had not been extended-to Ireland. In England, with an moome-tax assessment of 246,000,0004, seven Equity Judges were found sufficient. In Ireland, with an as- sessment of only -22,000,0001., there were ten. Besides, the simplicity of title secured -under the administration of the Encumbered Estates Court was gradually reducing the amount of litigation. In the Com- mon Law Courts, too, the -business was decreasing, but the expenses inereasin.g. Five or six -years ago, a commission presented a report on the subject, to which were appended the names of the present LordChancellors of England and Ireland, the Master of the Rolls in Eng. land, and the 1;ord Justice of Appeal in Ireland, recommending that the practice and procedure of the Irish Court should be assimilated to those of the Court of Chancery in England. A notorious evil in the Irish practice, too, was that the judge framed the issues, which, -of-course, lie did not do from the facts of -the ease, but from the repre- sentations made to him, and the evidence was consequently directed not so much to the merits of the case and the rights of the litigants as -to the -particular issue framed by the judge. Another advantage of the proposed assimilation would be that it would raise-the Irish bar by enabling its members to plead in English Courts, as at present the only English tribnnal before which Irish lawyers were permitted to plead was the House of Lords, and that only in Irish cases. He hoped Government would not object-to inquiry into such admitted evils. Lords WENSLEYDALE, GRANVILLE, and 13n0e0nsit agreed that a case had been made out for inquiry.

The motion was agreed to.

5EA5TE1LN AFRICAN SLAVE TRADE.—Lord SIILLTELEDEM„ill moving a resolution to the effect that it was desirable that the Mozambique Consulate should be re-established as a means of assisting the Portu- guese Government in the suppression of the Eastern African slave trade, expressed his belief that the co-operation of the Crovumer- General of Mozambique was essential to the success of all efforts to do away with the slave traffic on that coast, and that the. presence of a British representative would be a great support to him in so doing. Lord WODEHOUSE said the motion for the appointment of a consul at Mozambique was carried last year -by surprise, because Government, not anticipating a division, allowed their supporters to leave the House. He thought it was a question which ought to be left to the Executive.

After some remarks from Lords BROUGRAM and GRANULLE, and the Bishop of OXFORD, the motion was -withdrawn.

House of Commons.

3FT-F. CON11`101101 (Brighton) wished to know what successful mili- tary exploits General yndham had performed to justify hut appoint- ment to the coloneley.of a regiment. Mr. T. a owNo, th defence of the appointment, quoted passages most flattering to General VVynclhani, from the deepatohes of the commander-An-chief in the Crimea; and also of his more immediate commanding officers with regard to his gallant conduct at the struggle of the Redan. In conclusion, he appealed to the House against the practice of continually bringing forward, not the principle on which Appointments were made, but the personal eleims and indivi- dual merits of the officers selected for such appointments. It caused great pain to gallant officers when insinuations were put down on the orders, and discussions regarding them took place in Roxliament, where they were unable to defend themselves. `IRE CONFFJ)ER8TE STATES.--MT. DUNCQKBE (pisbiny) called attention to the alleged condnet ef the RI;itish Cons at Savapah, in wearing Secession colon's, and in not having taken means to bruWto justice the parties concerned in the *ring and feathering ef a Britaah caPtain at thatPlace. lord Joni.' RUSSELL replied that the consul had done all lig mild

under the circumstances. He had not heard of his wearing Secession The Earl of Fiaxxsonouun thought it very extraordinary that

colours. the Council of India should conduct its business hi such a manner EDUCATION (Iansini).—On the motion for going into Committee that there was no record of its proceedings. He made some observe- of Supply, tions on the constitution of the Council, and maintained that no new -Mr. Burr (Youghal) moved a resolution: "That in the opinion of institution could, in these days, command respmt, unless it was, to a this House it is inexpedientin distributing the grant for the purposes certain extent, founded on representation. If the proposal which he of Irish education to enforce the rule of refusing aid to all schools made in 1859, to place on the Council two gentlemen representni the in which religious teaching is made part of the general instruction cotton interest of Glasgow and Manchester had been adopted we of the school." He laid great stress on the injustice of denying to should not now have to regret the want of that supply of cotton which' the people of Ireland, whose national' characteristic was reverence would make us independent of America.

for religion to an extent unknown in other countries, the same Their Lordships then went into Committee on the bill.

freedom of religious instruction , in State education enjoyed by On clause 10, Earl GREY moved, as an amendment, the insertion in England. The vote now asked for amounted to 285,000/., and it was the clause of the following words : "Them shall be appointed also a incumbent on the Irish members to take care that the money was Council of State to assist m the preparation and consideration of such really applied to effectuate good, according to the wishes of the Irish laws and regulations. The Governor-General shall have power to people. He contended that the plea so frequently put forward that appoint from tune to time such persons as he may think fit to be the present was a united system, was perfectly unfounded. He found members of the Council of Sate, and also to remove the persons so from a return which he held in his hand there were more than three appointed ; but all such appointments or removals shall be only hundred or four hundred schools represented as furnishing an example provisional until confirmed by the Secretary of State for India m of united education, simply on the ground that they mustered on their Council." By means of this expedient he proposed to restore to books one solitary Roman Catholic, who, in all probability, never the existing Council that privacy which he believed to be essential to attended; while there were several hundreds more in which the chil- its efficiency, and at the same time secure publicity by enacting that, dren professing that faith, which happened to be represented by the before any measure was finally considered, it should be submitted to a minority, be they Protestants or Catholics, numbered not above three. meeting of the proposed Council of State, which might take place in Mr. LEYBOY (Dublin University) objected to the national system, public. on the ground that since its introduction it had been so altered for the Earl DE GREY AND RIPON objected to the amendment, which, if worse, that it resembled an old musket with a new stock, barrel, and carried, would necessitate the entire recasting of the bill. He believed lock. At present, if there were ninety-nine Protestant children and it would entail greater evils than those it proposed to rd against. one Cathohc at a school, the one Catholic might obtain the exclusion ' The Earl of ELLENBOROUGH supported the amen eat, which of any book used in that school. provided the only possible means of introducing any large number of Mr. M`Evox (Meath) contended that as out of the Protestant natives into the Consultative Council of the Governor-General--a children attending school in Ireland, no fewer than 83,742 belonged to measure which, in his opinion, was essential to the tranquillity and Ulster, leaving only 8000 for the other three provinces, the idea of a good bonvemment of India.

mixed education was preposterous. In the end, the clause, unamended, was agreed to.

Mr. CARDWELL addressed himself chiefly to the refutation of the The Earl of ELLENBOROUGH raised an objection to clause 23, which arguments employed by Mr. Lefroy, which, he argued, tended ulti- empowers the Governor-General, in cases of emergency, without con- mately to a purely denominational system. That system had had a suiting his Council, to pass an ordinance which shall have the force of fair trial, and had totally failed, and the just and equitable principle of law for six months.

the national system had met with a great and signal success. He The clause, however, was agreed to, as were the remainder, and the should always insist that the increase in the number of schools from a House resumed. very few in 1830, to 5600 schools in 1861, and those annually increas- Several bills were advanced a stage, and the House adjourned. ing, was a proof that Parliament had discovered the means so long House of Commons.

desired of giving the greater portion of the poor of Ireland the benefits IRREMOVABLE Poon BILL.—At the morning sitting, of a common Christian education and of separate religious instruction. The House went into Committee, for the third time, on this bill. The House had distinctly supported the present system by decisive The consideration of clause 9„ and Sir J. Pakington's amendment majorities, and he hoped they would continue so to ao.thereto, exempting extra-parochial places, having been resumed, the Siriluon Calms (Belfast) complained of the important changes in amendment was negatived the National system made by the Government without consulting the A long discussion took Place on the question that the clause do pass, parties interested, which had thrown back for a quarter of a century the arguments of its opponents being, as before? directed against the the chance of procuring a system acceptable to all parties. principle of an extended area of ratnng which it involved. Mr. Mom O'FERRALT, (Kildare) asserted that the National system On a division, the clause was carried by 127 to 44.

had become completely a Government system, in which they could ac- The remaining clauses were then passed, and the bill ordered to be complish what he would defy them even to attempt in any other depart- reported to the House. meat. It was also a matter of fact that, while the religion of the The sitting was then suspended until six.

Scotch people was carefully guarded, and the schoolmaster in that Tux GALWAY SUBSIDY.—Mr. CONINGHAM (Brighton) presented a country was obliged to take an oath that he would inculcate no doe- petition from Mr. George O'Malley Irwin, who styled himself "the trine at variance with those of the Church of Scotland, no such safe- original projector" of the Galway packet scheme, bnngin,g charges of guard was provided in the case of the Roman Catholic or Protestant "false and fraudulent pretences" against Mr. Lever, P., and others; children who received instruction under the National system in Ire- and praying Government to instruct the Attorney-General to prosecute land. So far was that from being the case, it was, he believed, an Mr. -Lever and those concerned with him in those "false andfraude.- undoubted fact that there were twelve hundred children in Ireland lent pretences."

being taught doctrines different from the religion professed by their A warm debate followed on the propriety of receiving the petition, parents. The honourable member particularly disapproved of the Mr. Rommel( (Sheffield) moving its rejection, on the ground that it vote for agricultural schools, and urged some objections against the was a libel on a member of that House, and merely a malicious effu.

National system generally. sion from a man who had been convicted of, and imprisoned for, Lord J. RUSSELL believed that, as under a denominational system forgery, and was utterly unworthy of credit.

three-fourths of the grant would in equity be applied to Roman Mr. DistokY,LI saw no reason why the petition should not be Catholic education, thereby creating no end of sectarian controversy received.

in that House, the present system was the best for the peace and in. Lord PALMERSTON hoped either that Mr. Coningham would with.

tru f th of heland. draw the petition, or that the debate would be adjourned.

Mr. MONSELL (Limerick) objected to several details in the adminis. Mr. CONINGHAM then offered to withdraw the petition, but Mr. tration of the grant. ROEBUCK emphatically refused to withdraw his amendment, so a Sir G. C. LEWIS replied, and on a division, Mr. Butt's resolution division took place, when there appeared for the rejection of the

was negatived by 36 to 6. petition, 75' against, 84. •

SUPPLY: CIVIL SERVICE ESTIMATES.—The House then went into j On the question that the petition do lie on the table, Committee of Supply. The Education (Ireland) Estimates were Mr. CONINGHAM withdrew the petition. agreed to after some discussion, during which, a motion by Mr. Win. Rixicauprcr Bn,x.—Lord PALMERSTON stated to the House the

muds (Lambeth) to reduce one of the votes by 13,0001., the item for intentions of Government with regard to the Lords' amendments to

redemption of the Stade dues., ton, they had no proposal to submit to the House.

The vote was agreed to, as also were several others, and the House PESTH CONSUISHIP.—Mr. DUNCONBE (Finsbury) moved for an ad- resumed, dress to the Crown, praying for the appointment of a Consul at Pesth, OFFENCES AuarNsx THE PERSONS BILL—After a long discussion, a city which now contained a population of not less than three hun- the amended clauses of this Bill were agreed to. Amendments moved dred thousand, and the nearest consultate to which was at Galatz, by Mr. HENLEY (Oxfordshire), making the offence of conspiracy to three hundred miles off.

murder a misdemeanour, instead of a felony, and by Lord 11..snmem Lord Joan Russmi, said he had never heard from any one con- (Tamworth), increasing the term of imprisonment for wife-beating, nected with the commerce of that part of the world that the appoint- having been rejected the remaining orders of the day were disposed ment of a Consul at Pesth was desirable. of, and the House adjourned. The motion was afterwards withdrawn.

Ban INDIA COUNCIL BILL.—On the motion for going into Corn- ing of the Metropolis Local Management Acts Amendment Bill mittee on this bill, (No. 2), a discussion ensued, which resulted in its withdrawaL The Marquis of CLA.NRICARDE asked the noble Lord the Under- The House then went into Committee of Supply.

Secretary for India for copies of all papers or correspondence contain- On the vote of 12,1341. for the expenses of the National Gallery, mg any record of the opinions of members of the Indian Council rela- Lord H. LENNox (Chichester) called the attention of the House to

lave to the bills concerning India then before the House. the repeated assurances given by various committees, as well as by-a Earl DE GREY AND RIPON replied that no formal assents or dissents royal commission, that the tune had come for the Royal Academy to had been received with respect to the three bills before Parliament, leave the building in Trafalgar-square, and also to the generally lbad and as for the opinions of members of the Council expressed in deli. accommodation provided for the national pictures. He contended beration, owing to the absence of reporters there was no record to that it would be impossible to carry out all the provisions of Mr.

produce. Turner's will, though he feared it was the intention of Government under the circumstances. He had not heard of his wearing Secession The Earl of Fiaxxsonouun thought it very extraordinary that

freedom of religious instruction , in State education enjoyed by On clause 10, Earl GREY moved, as an amendment, the insertion in England. The vote now asked for amounted to 285,000/., and it was the clause of the following words : "Them shall be appointed also a incumbent on the Irish members to take care that the money was Council of State to assist m the preparation and consideration of such really applied to effectuate good, according to the wishes of the Irish laws and regulations. The Governor-General shall have power to people. He contended that the plea so frequently put forward that appoint from tune to time such persons as he may think fit to be the present was a united system, was perfectly unfounded. He found members of the Council of Sate, and also to remove the persons so from a return which he held in his hand there were more than three appointed ; but all such appointments or removals shall be only hundred or four hundred schools represented as furnishing an example provisional until confirmed by the Secretary of State for India m of united education, simply on the ground that they mustered on their Council." By means of this expedient he proposed to restore to books one solitary Roman Catholic, who, in all probability, never the existing Council that privacy which he believed to be essential to attended; while there were several hundreds more in which the chil- its efficiency, and at the same time secure publicity by enacting that, dren professing that faith, which happened to be represented by the before any measure was finally considered, it should be submitted to a minority, be they Protestants or Catholics, numbered not above three. meeting of the proposed Council of State, which might take place in on the ground that since its introduction it had been so altered for the Earl DE GREY AND RIPON objected to the amendment, which, if worse, that it resembled an old musket with a new stock, barrel, and carried, would necessitate the entire recasting of the bill. He believed lock. At present, if there were ninety-nine Protestant children and it would entail greater evils than those it proposed to rd against. one Cathohc at a school, the one Catholic might obtain the exclusion ' The Earl of ELLENBOROUGH supported the amen eat, which of any book used in that school. provided the only possible means of introducing any large number of Mr. M`Evox (Meath) contended that as out of the Protestant natives into the Consultative Council of the Governor-General--a children attending school in Ireland, no fewer than 83,742 belonged to measure which, in his opinion, was essential to the tranquillity and Ulster, leaving only 8000 for the other three provinces, the idea of a good bonvemment of India.

National system generally. sion from a man who had been convicted of, and imprisoned for, Lord J. RUSSELL believed that, as under a denominational system forgery, and was utterly unworthy of credit.

in that House, the present system was the best for the peace and in. Lord PALMERSTON hoped either that Mr. Coningham would with.

muds (Lambeth) to reduce one of the votes by 13,0001., the item for intentions of Government with regard to the Lords' amendments to

agricultural schools, was rejected by 98 to 9. this bill. They should propose to the House to agree to the amend- Mr. Pm. then proposed a vote of 155,000/., founded upon a sup- meat as to the judge, but to restore the clause relating to the appoint- plementary estimate, and being the share due from England for the meat of assignees as it stood. With regard to the third main altera- The vote was agreed to, as also were several others, and the House PESTH CONSUISHIP.—Mr. DUNCONBE (Finsbury) moved for an ad- resumed, dress to the Crown, praying for the appointment of a Consul at Pesth, OFFENCES AuarNsx THE PERSONS BILL—After a long discussion, a city which now contained a population of not less than three hun- the amended clauses of this Bill were agreed to. Amendments moved dred thousand, and the nearest consultate to which was at Galatz, by Mr. HENLEY (Oxfordshire), making the offence of conspiracy to three hundred miles off.

TUESDAY, JULY 16. The Metropolis Local Management Act Amendment Bill (No. 1)

House of Lords, was read a second time. On the order of the day for the second read-

Ban INDIA COUNCIL BILL.—On the motion for going into Corn- ing of the Metropolis Local Management Acts Amendment Bill

produce. Turner's will, though he feared it was the intention of Government to propose some large additional outlay with that view. He cha- racterized some of Mr. Turner's pictures as "too prurient," and others as being in too unfinished a state for exhibition, and hoped that a selection only would be provided for. He wished that the Royal Academy could be removed to Burlington House, thereby making room for all the national pictures to be collected in Trafalgar- square. Lord Peoraagrox assured the House that no alterations or building should be commenced without the full sanction of the House. He thought very good accommodation could be provided for the Royal Academy on the site of Burlington House.

Mr. LIYARD (Southwark) complained of the want of classification of our national pictures, which were scattered here and there without any regard to schools and epochs. He approved of Sir Charles Barry's suggestion, that another story should be added to the British Museum, a plan which would give a series of galleries excelling those of the Louvre or the Vatican, or any in the world. Mr. AUGUSTUS SMITH (Truro) suggested the addition of another story to the National Gallery. It was monstrous that the Royal Academy should be provided with accommodation which they only made use of three months in the year. Lord J. MANNERS (Leicestershire) wished for some definite in- formation as to the probability of the removal of the Royal Academy. Lord PALMERSTON said the Royal Academy were perfectly pre- pared to move whenever they were summoned.

The vote was then agreed to.

The vote of 20031. for the National Portrait Gallery was also passed, notwithstanding a protest from Mr. SPOONER (Wanvickshre ) against "the continuance of such tomfoolery."

A number of votes connected with the colonies were then passed, and the House adjourned.

WEDNESDAY, JULY 17TH.

Howe of Commons.

MINES TRESPASSES PREVENTION BILL. —Mr. H. SFIERIDAN (Dudley) moved the second reading of this bill, the object of which is to provide an easy remedy for mme owners suffering from encroachments on their property. Cases had occurred in which enormous quantities of coal had been feloniously abstracted before the owners of the mine could prove that a means of communication had been furtively opened. The bill proposed that an action for such trespass should he before the local magistrates or the County Court, but he should, in Committee, propose to strike out the words which would provide that form of procedure, and move the insertion of others which would make the application one to a judge in chambers. It would not, however, be necessary for the complainant to wait till the injury had been accom- plished; for the bill would enable any person who had reason to sus- pect that operations were being earned on which would result in the abstraction or dilapidation of his property, to make an application for the necessary inspection of the mine. Mr. Oliva hoped the honourable member would withdraw the bill, as, owing to the late period of the session, and the alterations in the bill winch would be necessary, it would be impossible to make any pro- gress with it.

The bill was accordingly withdrawn.

METROPOLITAN LOCAL MANAGEMENT ACT AMENDMENT BILL. —

The House then went into Committee on this bill. Clause 72, enacting that buildings should not extend beyond the general line of the street they are in, was negatived by 36 to 28. Clause 95, empowering the Metropolitan Board of Works to alter the names of streets by their own authority, caused some discussion, but was finally agreed to. The other clauses were all passed, and the House, after receiving the report of the Committee of Supply of the previous night, ad- journed.

THURSDAY, JULY 18TH.

House gf _Lords. EAST INDIA HIGH COURT OF JUDICATURE BILL.—Earl DE GREY AND RIPON moved the second reading of this bill, the objects and provisions of which .were explained at length during its progress through the House of Commons. The Earl of ELLENBOROUGH objected to the number of English barristers who would receive judicial appointments under the bill which he did not believe they were competent for, owing to their ignorance of the language, and customs, &c., of the natives. He chit- racterized the bill as "nothing but an enormous job for barristers." After some further discussion, and an effective defence of the bill by the Lo aD CHANCELLGR, the second reading was agreed to without a division.

,.EAST INDIA CIVIL SERVICE BILL.—Earl DE GREY AND Rum then moved the second reading of this bill, pointing out that a recent deci- sion of the law officers of the Crown as to the illegality of a certain class of appointments to the India Civil Service had rendered some le- gislation to confirm such appointments necessary, and to define the Powers of the Governor-General for the future.

After some remarks hostile to the measure from Lord ELLEN- BOROUGH., who feared that it would not sufficiently protect the cove- nanted service, and from Lord LYVEDEN, who, on the other hand, thought it did not go far enough in throwing that service open, and rekly from the Duke of 'ARGYLE, the bill was read a second time.

Inc London Coal and Wine Dues Continuance Bill was read a thil.d time and passed, and the House adjourned.

House of Commons. StrPPLY.—At the morning sitting, the House went into Committee of Supply on the Civil Service Estimates, and a considerable number of votes were agreed to,1 that of 168,1131. for consuls abroad calling forth opposition from several hon. members, who complained that Consulates were maintained in many places where they were un- necessary, Leipzig, Manilla, Venice, Oporto, Milan, &c., being ad- duced as instances. The vote was ultimately passed.

THE Dunn OF MonEN.s.—The CHANCELLOR of the EXCHEQUER was .0ceeding with a personal explanation with regard to the charges he had brought against the late Duke of Modena in a previous speech, when he was called to order by Mr. DISRAELI, who suggested that

the right hon. gentleman should postpone his statement until the motion for going into Supply on the following day.

BANKRUPTCY AIND INSOLVENCY Brix.—The House then proceeded to take into consideration the important amendments introduced into this bill by the House of Lords.

On the first of those amendments, which strikes out from the bill the office of Chief Judge,

The ATTORNEY-GENERAL rose to move that the House should dis- agree to the amendment, which, whether for good or for evil, materially affected the measure. He said the House was aware that as the bill orisinally stood, it contained clauses providing for the appAintment of a Judge in Bankruptcy, equal in station to his brethren in Westminster Hall, and defining his duties. In the passage of the bill through the House of Lords, however, these clauses had been struck out, on the ground, he believed, that the appointment of a Judge at a large salary to perform very light duties would be to saddle an unnecessary ex- pense on the nation. The effect of that amendment would be, if not to render the bill absolute* useless, at least to strike out a machinery essential to its satisfactory working. The erroneous idea that the duties of the Judge would be light, was founded on that the business of the new Court would only consist of the same number of appeals which were at present brought before the Lords Justices, in them capacity as apellate Judges in-Bankruptcy, and which took only fifteen days to dispose of last year. He contended that this small number of appeals was owing simply to the delay and costliness of an appeal to the Lords Justices, and that if the process was simplified, a great increase in the number of appeals would be .the result. No one could desire that the number of appeals should be kept down by the difficul- ties in the way of appealing. The Lords Justices had a great deal of other business besides Bankruptcy appeals, and were in consequence often compelled to delay the hearing of appeals. But the business of the proposed Chief Judge would consist entirely of bankruptcy business, and chiefly of appeals. There would be nothing, therefore to delay the hearing of appeals, and as a natural conse- quence, tlieir number would increase. Besides, the number of ap- appeals must be in some proportion to the amount of business, and one effect of this bill would be, by abolishing the distinction between traders and non-traders, to transfer to the Bankruptcy Court all the business hitherto transacted by the Insolvency Court, and which he showed by statistics was greater than that of the latter in its present state. The business of the Chief Judge would also be largely aug- mented by numerous other items. Under Clause 61, he would have to give the benefit of his advice and opinion, to any party before the court who required it. Under Clause 67, he might direct any question of fact to be laid before a jury, over whose deliberations he himself would have to preside. There were also many questions of law arising out of deeds of arrangement—of which the proportion to bankruptcy cases was 14,900 to 1000—which would be brought before the Chief Judge for decision. Under this bill, also every one of the sixty County Court judges would be a judge in bankruptcy, and one appeal from each in the year would not leave the Chief Judge in want of occupation. He believed that unanimity existed in the profession in favour of the original clause, and he must be excused for saying that the mercantile community did not understand the subject so well as the lawyer did. still there existed a general feeling among them to the same effect, He concluded by moving that the House disagree to the Lords' amend- ment relative to a Chief Judge in Bankruptcy. Mr. BIRCH (Guildford) denied the existence, either in the le p,1 profession or the mercantile community, of that unanimity which the Attorney-General had supposed. In the Select Committee of the House of Lords, the omission of the clause was moved by Lord Gran- worth, mid supported by Lords Kingsdown, Wensleydale, St. Leo- nards, Chelmsford, and Cranworth, the late Lord Chancellor being the only dissentient. Lord OVERSTONE, too, a high mercantile authority, concurred in the notice for rejecting the clause. The hon. and learned member urged that if a newjudge was required, it was for any other court than the Bankruptcy Court, when only a posssible increase in the number of appeals was the ground for his appointment. Mr. COLLIER (Plymouth) believed that the present machinery of appeal to the Lords Justices would be utterly inadequate to carry out the provisions of the bill, and quoted the Divorce Court as an instance of what might be done by one first-class judge presiding over a parti- cular departmental legal administration.

Mr. MAisas (Wallingford) supported the restoration of the clause, from conclusions founded on his own daily experience. He was con- vinced there would be abundance of business for a Chief Judge, and that the bill would not work well without one.

Mr. ROLT (Gloucestershire) advised that the existing machinery should be continued for a few years ; and if it proved unequal to the business imposed upon it, then a new measure to constitute the Court might be brought in. He denied the delay before the Lords Justices was so great as had been represented. Mr. H. W. CRAWFORD (London) said that the signatures of eight hundred firms, representing property to the extent of 200,000,000/., were appended to the petition in favour of the bill ; while only forty- eight firms, representing 11,000,000/., had signed the petition in favour of the Lords' amendment.

Mr. Ilonspen (Liverpool) supported the Lords' amendment.

Mr. HADFIELD (Sheffield) and Mr. Masan (Manchester) supported the bill in its original shape. Mr. HENLEY ()xfordshire) said that a judge could be appointed at any time, but he could not be got rid of without a superannuation allowance. He thought the existing judicial power was sufficient, and should, at all events, be continued for a short period, as the present measure was merely an experiment. Mr. MOFFITT (Iloniton) thought that, without a Chief Judge, the measure might as well be abandoned altogether. Mr. WALPOLE (Cambridge University) thought that a superintend- ing judge would be required under the new system, but such a judge might be supplied by one of the Vice-Chancellors for the time being —a plan winch had been adopted once before.

The Sommos-Grarma, regretted, with the previous speaker, that

the question as-to the appointment of the Chief Judge had not been, discussed by those who now opposed it at an earlier- stage of the bill. The necessity of some reform in the bankruptcy law was proved by the great increase in the number of private arrangements, a system which withdrew the liquidation of insolvent estates altogether from cognizance of law. He denied that this was an experimental measure, it was intended to create a permanent system, with a Chief Judge at its head, and the Commissioners (to be reduced to three, or fewer, at discretion), as subordinates. Ile pointed out that the Chief Judge would not be simply a JUdge of Appeal, as was supposed by many honourable gentlemen who had spoken, but he would also possess a, large amount of original jurisdiction, especially with regard to the discharge of bankrupts within the London district. This original jurisdiction of a most important character, affecting the reputation of every one brought under it, and the whole commercial morality of the kingdom, is by this bill brought primarily in contested cases, and in uncontested cases, by the report of the Commissioners to the Chief Judge. The effect of the Lords' ameniment is to throw it back, on the five Commissioners, not sitting as ecourt, but each. applying one-fifth of a principle or one-fifth of a rule, or five different prin- ciples and and five different rules ; so that it will be a toss up, a game- of chance, of haphazard, whether a man who has conducted himself a questionable manner shall get off free, or be punished leniently or severely; if punished at all. He did not believe that either the Lords JUstices or a Vice-Chancellor could-supply the place of, the Chief Judge as originally proposed. Sir Ift GH CAIRN (Belfast) considered the appointment of a,Chief. Judge would simply amount to The appointment of a sixth commis- sioner for the London district, at 5000/. a year, when there were already five at 2000/. a year each.. The uniformity claimed for the pro.posed system was all a delusion. The original jurisdiction of the Chief Jbd'ge was confined to the London district, and amotig.the six or seven country commissioners and the sixty County Court judges, there would be no more usefulness than at present. All- arguments founded- on the creation of a first-class, tribunal were fallacious, as the Comnris- sioners and County Court judges he had mentioned would all be en- truste&with the great powers so pompously paraded as a reason- for the appointment of a Chief Judge. They were now at the end of the session. Next year a consolidation of the law of bankruptcy was promised: H novernment brought in a bill abolishing the power of the commissioner, they should have his hearty support; but he did protest against throwing the whole administration of the bankrupt law into confusion by creating. a sort of unmeaning, undefined, co- ordinate jurisdiction, which would be the result if the present proposal- were carried.

The House divided. The numbers were: Ayes, 178.; noes, 129. Ma- jority, 44.

THE DunnAm Usrivratsm BILL-The House went into Committee on this bill, but the Chairman immediately reported progress, and after forwarding several other bills a stage, the House 4ourned,

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