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offices there might be some distinction | vant was claiming superannuation.
He made, as the tenure of office was gene- would throw out, for the consideration of rally very brief; but in the lower offices, the Chancellor of the Exchequer, that such as those of Secretary to the Trea- superannuation allowances represented a Bury or Admiralty, for a person who held capital of £3,000,000. As the Governthein for five years to receive £1,200 a ment was changing their opinions on other year pension was monstrous, and must points, perhaps they would reinstate the
dissatisfaction in the civil ser- abatement clause, which would furuish them vice, which was treated in so different a with an answer to every one asking for a manner.
pension. MR.. COLLIER wished to correct an Sir F. SMITII was inclined to think error into which the Chancellor of the Ex- that the Chancellor of the Exchequer was chequer had fallen with regard to dock not in error with regard to the dockyard yard labourers. The right hon. Gentle | labourers ; but he hoped that the Bill man said that Admiralty orders provided would contain provisions for the protection for them; but he believed that was a mis- of that class even against the Admiralty. take, and, if so, he hoped the right hon. These labourers could not possibly save Gentleman would reconsider the matter, anything from their pay for their old age, and not object to the introduction of such and therefore were persons who, of all persons to the advantages of superannua- others, ought to be considered in any systion to which labourers were as much en- tem of superannuation. titled as any other class.
THE CHANCELLOR OF THE EXCHE. Sir ERSKINE PERRY agreed with QUER explained that he had referred to his hon. Friend the Member for Plymouth, the latest copies of the Admiralty orders, that the Chancellor of the Exchequer was which, as they bore a date so recent as in error in this respect. The Chancellor October last, had not, perhaps, been seen of the Exchequer said he wished to carry by hon. Gentlemen who had just spoken. out the recommendations of the Commis- [The right hon. Gentleman then read from sion which inquired into the subject, and the Admiralty order in question a passage one of its recommendations was, that referring to the superannuation allowed to whereas many officers in dockyards who labourers and artificers.] This showed
on day-pay were not entitled to that the labourers in our dock yards were superannuation allowance for the time in receipt of regulated rates of pension. they were on day-pay, that the time on Leave Given. which they received such pay ought to be Bill to amend the Laws concerning taken into the calculation. With regard Superannuations and other allowances to to labourers, they had no pension at all. persons having held Civil Offices in the He thought the principle of his hon. Col. Public Service, ordered to be brought in league (Mr. Wilson), should be carried out, by Mr. CHANCELLOR of the EXCHEQUER and and that superannuation allowance should Sir Stafford NORTHCOTE. be extended to all classes of public ser- Bill presented and read 1° vants according to the length of their services and the amount of their salaries.
MANOR COURTS (IRELAND), &c. MR. RICH said, that various sugges
LEAVE. tions had been made with regard to super
MR. WHITESIDE moved for leave to annuation allowances in the last ten years. bring in a Bill for the abolition of Manor Once a Motion was made by a Gentleman Courts and the better recovery of Small opposite, the right hon. Member for 0x- Debts in Ireland. He said that before the in. fordshire (Mr. IIenley), to reduce all sa stitution of County Courts in Ireland there laries in tho public offices. But a change were a number of Manor Courts, the concame over Gentlemen opposite, and they stitution of each of which depended on the tried to get rid of the system of abate. patent granted to the owner of the manor. ments in the civil service, and the Bill of Great evils grew up in these courts, which the noble Lord the Member for Cocker. were corrected to a certain extent by an inouth (Lord Naas) was carried. It was then Act of George III.; but they still grew said that this was not merely a question of up, and continued until they had reached abatement, but that the House would be a point at which the present Lord Chanpestered by every public servant for a pen-cellor of Ireland described them as nuisances sion; and they saw the beginning of that of the worst description, and that the only state of things now, for every public ser- remedy for such a nuisance was its total
abatement. They were now rendered, land. In ancient times, judgments did totally unnecessary by the existence of not affect land. In the time of Edward I. the County Courts. He proposed to abolish the statute of elegit was passed, which the Manor Courts throughout the entire created judgments into a kind of hovering country, more especially as under the lien on all property ; and though a man County Court Act the Lord Lieutenant might sell part of his land, yet any judg. and the Privy Council had power, when ments existing againet him still hovered ever a case was made out for such a pro- over the land. In the time of George II., ceeding, to create new circuits for the judgments in Ireland were made assignable Judges of those courts. The Bill proposed by law. The result was, that when a landto give to magistrates in petty sessions a owner wanted to borrow money, which he small debt jurisdiction to the extent of often did in those days, be sent for a 20s., with an appeal from their decision to stamped deed, on the other side of which a County Court Judge. The hon. and was endorsed a warrant to confess judglearned gentleman concluded by moving ment, which judgment was capable of being for leave to bring in the Bill.
assigned, so that if it fell into the hands of COLONEL FRENCH said, that many a country attorney, he assigned it to a years ago a Bill was introduced for the friend, who brought it into the Court of purpose of abolishing these courts, but it Chancery, where ruinous costs accumulated was afterwards abandoned.
Although he directly, leaving the debtor no alternative felt bound to congratulate the right hon. but to borrow a fresh sum of money on a and learned Gentleman upon his so early fresh judgment. After this, a fictitious commencing the Irish business, yet he did process was adopted, by which the lands not see that there was now any greater came into the liands of what was called a reason for introducing such a Bill than had custodian. In 1835, Sir Michael O’Loghexisted for many years. Indeed, there was len endeavoured to provide a remedy for less reason, seeing that they possessed this state of things, which proved a greater Quarter Sessions Courts and County evil than the one it sought to remedyCourts. He wished to know if the right for he gave power to creditors, instead of hon. and learned Gentleman meant to pro- taking a moiety of the rents and profits of vide compensation for the present Manor an estate, as was the case under an elegit, Court Judges, some of whom had held their to appoint a receiver over the whole. The offices for many years.
result was, that the country was covered MR. WHITĚSIDE was understood to with receivers, and greater evils were prosay that compensation to some of those duced than those which were sought to be Judges had been provided for by the remedied. The next Act was called Pigot's Bill.
Act, being the 3rd and 4th Vict., which was MR. BAGWELL would be glad to know also a step in the wrong direction, for it when this and other Irish Bills would come extended the lien to chattel interests, lease
for discussion. The assizes would holds, and terms for lives, over which rebegin very early this spring, and most of ceivers were appointed, and the complicathe Irish Members would have to return tion was consequently greatly increased. for that purpose.
The result was, that in 1849, a Committee MR. WHITESIDE said, it was his in- of the House was appointed to consider the tention to proceed with the Bills he was evils of the receiver system in Ireland, and now introducing as early as possible. an excellent Committee it was, the late Sir
Bill for the abolition of Manor Courts and Robert Peel being a member of it, and the the better recovery of Small Debts in present Chancellor of the Exchequer chairIreland ordered to be brought in by the man. The Committee evidently doubted ATTORNEY GENERAL for Ireland and Lord whether there ought to be so much facility NAAS.
given for Irish gentlemen to get into debt;
but in the result it proved that even sagaSALE AND TRANSFER OF LANDS
cious statesmen were unable to grapple JUDGMENTS (IRELAND).
with those who maintained that Ireland LEAVE.
was not ripe for an assimilation of the law MR. WHITESIDE then moved for to that of England. They therefore releave to bring in a Bill to facilitate the sale commended certain palliations of the and transfer of land, by simplifying and existing evil, but expressed an opinion consolidating the law relating to judg. that it would be necessary to make a comments, and by providing for the protection plete change in the entire system. He of nurchasers against Crown debts in Ire- subscribed to the recommendations which
they made, founded on an opinion that no- of a judgment creditor. This had been thing could be more mischievous than the lately further exemplified in an extraorexisting system of the law of judgments, dinary case, where the creditor of a jointobtained as he had described, and the ap- stock bank had obtained a judgment against pointment of receivers under them. The one of the public officers, and the ChancelAct of 12 & 13 Vict. was passed to lor held it was not a mortgage to be regiscarry out the recommendations of the Com- tered against the shareholders. The result mittee; and he found in it a solution of was, that no conveyancer in Ireland would part of the difficulty, for it was enacted, allow any client to lend money on such a sethat where a judgment was not for more curity. It was impossible to say what was than £150, it should not be allowed to be the law on this matter, and the only remea lien on land, and that not until execution dy was to take the bold course of repealing had been delivered should it affect land, all the statutes which related to it, and renor should a receiver be appointed. If enacting whatever was useful at the present this principle was good for £150, why day, giving against the personal property should it not be good for £150,000 ? In of the debtor all the remedies which the making such a proposition he was fortified creditor now possessed, but not admitting by the Report of the Real Property Con- the judgment as a specific security on the mission, in which it was said that the state land until the creditor had lodged an equitof the law as regarded judgments against able execution, in the shape of a petition to land was most objectionable, whether as the Landed Estates Court for the sale of the regarded elegit, or by making dormant property of the debtor. This was the only judgments a continuing charge, which ren- remedy it was now proposed to give; and it dered land unsaleable ; and they said that was one in accordance with the old prina judgment ought not to affect land till ciples of the common law, as well as with execution was delivered. That was the the opinion of the Real Property Commisprinciple of his Bill. Sir John Romilly, sioners, the evidence of several eminent by an Act 14 & 15 Vict., endeavoured witnesses, and the Bill which Lord St. to cure this evil, but his measure had pro- Leonards introduced last year, by which it duced greater evils than it found. The was provided that a judgment should not system which had been devised at a period be a lien on the land until after execubefore the Incumbered Estates Court was tion had been obtained. The effect would created was this. It was enacted that be to get rid of the appointment of rethe judgment should no longer be a charge ceivers under judgments, and to simplify upon the land, but that the judgment the whole of those transactions. He had creditor should make an affidavit in the no doubt that he had now said enough office for Registering Deeds in Ireland, to induce the House to grant him leave to declaring his debtor to be possessed of introduce the Bill. certain lands, whereupon this affidavit was Mr. M‘EVOY expressed his hope that to be considered as a deed, of which the series of Bills now introduced by the the debtor was to be considered as the Solicitor General for Ireland would effect grantor, and the creditor as the grantee. some useful amendments of the law, and By the next section of the Act, this asked whether a day could yet be fixed in affidavit was turned into a mortgage as which the right hon. and learned Gentle. boon as it was registered, and thence this man would introduce the Landlord and Act of Parliament came to be called the Tenant Bill ? Judgment Mortgage Act. All the evils MR. DOBBS bore testimony that the sought to be removed by the first part of law of judgments in Ireland was in such a the Act were continued under the gecond confused state that the nost clear-headed part, by which the judgment creditor man could not understand it, and he trustcould obtain a receiver. But recent deed this Bill would do something to consoli. cisions had proved this Act of Parlia- date the law. ment to be inoperative. The intention of MR. MALINS congratulated the Soliciit was to give the original creditor who tor General for Ireland on this measure, had obtained a judgment all the riglıts of which he thought would prove most useful a mortgagee; but it had been decided that in simplifying the law, and abolishing a he could only take the residue of the pro- monstrous evil. There might be a hundred perty, after satisfying all the charges judgments against a debtor, and it was abwhich the debtor had laid upon it; whether surd that a mortgagee should be required by registered or unregistered deeds ; so to see them cleared away before he could that, in fact, he only stood in the position I foreclose. A judgment ought not to be
a lien on a landed estate, any more than !
MARKETS (IRELAND). upon the debtor's household furniture.
FIRST READING. MR. WHITESIDE said, the Landlord LORD NAAS moved for leave to bring and Tenant Bill would be introduced in- in a Bill for the better regulation of Marmediately on his return from Ireland. kets in Ireland. He stated that in 1852 a
Bill to facilitate the Sale and Transfer Commission of Inquiry on this subject of Land, by simplifying and consolidating travelled through the country, and visited the Law relating to Judgments, and by every market town. They found in most providing for the protection of Purchasers of the small country towns a great want against Crown Debts in Ireland, ordered to of accommodation for the public, and be brought in by Mr. ATTORNEY GENERAL the most glaring frauds commonly pracfor Ireland, Lord Nans, and Mr. Solicitor tised between buyer and seller. Two Bills GENERAL.
had since been introduced on this subject, Bill presented, and read 1°.
and the present Bill somewhat resembled
that of last year; though it differed from RECEIVERS IN CHANCERY (IRELAND) it in one important particular, inasmuch ABOLITION, &c.
as it did not propose to deal with fairs. FIRST READING,
The reason for excepting those fairs was MR. WHITESIDE moved for leave to that they were not held so frequently as bring in a Bill for the abolition, in certain markets, that they required an extensive cases, of receivers of the Court of Chancery space, which it would be difficult to secure in Ireland. On this subject there had been by enactment, and that as the business several Committees of Inquiry, and they transacted thereat was confined mostly to had all so unanimously condemned the the buying and selling of cattle, a similar system of appointing receivers that he did opportunity for fraud did not exist ; morenot apprehend any difficulty in obtaining over, tolls had been abolished in many permission to legislate on the subject. It fairs throughout the country, and any inight be interesting to state, with regard attempt to reimpose them would be reto the operations of the Incumbered Estates sisted by the people ; it did not seem Court, that since it was established there therefore, that there was the same neceshad been sold no less than £23,933,566 sity for legislation in respect of fairs as worth of land. But a great quantity of existed in the case of markets. It was land in Ireland still remained under incum- now proposed to appoint a Commissioner brances, and there were upwards of 1,100 for the regulation of markets in Ireland. receivers of estates in the office of the Re- The question of ownership, was, no doubt, ceiving Master, besides 200 or 300 others the difficulty of the matier. It was not in other Masters' offices. The receivers intended, as in the Bill of last year, to give were obliged to enter into recognisances, the Commissioner power to inquire into the and each find two sureties, so that their ownership of markets when those rights estates, and those of the sureties, were were still enforced, and which, in many involved in the Chancery complication. cases, had been held under patent for a The effect had been to complicate the long series of years, and had been made land of that country to such an extent as matter of family settlement ; there are required a strong measure now to clear it. great objections to dealing with such ques. There bad been eighty-four receivers ap- tions in an arbitrary manner, or calling on pointed during the last year, and a stop the owner of the market to prove his title. must be put to the mischief. By the The Bill provided, therefore, that the Com. present Bill it was provided that where a missioner should merely have power to judgment was obtained no receiver should see that the conditions on which the patent be appointed where the parties could ob- was held were duly performed, and that tain a sale. There would be certain ex. ample and convenient accommodation was ceptions, but they would be very few. provided for the public. The Bill provided
Bill for the Abolition of Receivers under that in every case in which no toll had the Court of Chancery in Ireland in certain been levied in a market for the last five cases, and for giving further facilities to years, or no right or ownership whatever the Sale of Incumbered Estates, ordered to had been put in force by any person, the be brought in by Mr. ATTORNEY GENERAL Commissioner should have the power of for Ireland, Lord Nans, and Mr. SOLICITOR inquiring into the matter, and declaring GENERAL.
who the owner of the market should be. Bill presented, and read 1°.
In such a case, he would declare that the VOL. CLII. (THIRD SERIES].
town commissioners, if there were any, official persons connected with those asyshould be the owners of the market in the lums, as well as private individuals who town in which they had jurisdiction ; and had taken an interest in the treatment of when no municipal authority existed, any the insane, and several keepers of private fit and proper person whom the town should lunatic asylums, they produced an elaborate select, would be declared the proper owner. and lengthy Report, which is accompaPower was also given to establish new nied by the evidence they had taken. The markets where they were required, and to Commissioners made several very important provide for an uniform system of weighing recommendations. He feared that it would produce by pounds, stones, and hundred- hardly be possible in the compass of one Bill weights, as well as to fix penalties for to carry out all that the Commissioners refraud and misconduct in the market. commended, but he had incorporated in this
Mr. H. HERBERT promised to render measure most of the important suggestions assistance to the noble Lord in his endea- made in the Report. He did not provours to pass the Bill, which he described pose to deal with any other description of as a modified portion of the Bill which he lunatics than the poor, for that class was himself introduced last year ; but he en- quite large enough, and the considerations tirely dissented from the opinion of the involved were of a character sufficiently noble Lord, that the fairs in Ireland did important to be made the subject of a not require regulation equally with mar. special Bill. Nor did he propose to deal kets. He was inclined to think that the with criminal lunatics ; these are provided fairs required regulation more than the for in a Government asylum at Dundrum, markets. He was astonished to hear the under a special act of Parliament. The noble Lord say that tolls were abolished all main feature of the Bill was the substituover the country. (Lord Naas: No, tion, to a great extent, of local authority no!] He so understood the noble Lord. with regard to these asylums for that The fact was, that tolls were nearly uni- central and governmental authority which versal.
had hitherto existed in Ireland. The result Mr. W. BROWN recommended that of such substitution, he believed, would be provision should be made for an uniform greater economy and efficiency. Under the system of weights to be used in all the present system plans for the erection of markets throughout the United Kingdom. costly buildings for the reception of He remarked, that in some towns butter lunatics were submitted to the Lord was sold by one weight, hay by another, Lieutenant, they were erected by Board and oats by a third ; the most perplexing of Works, and the
expense thereof discrepancy existed.
thrown upon the ratepayers without their MR. M.ČANN expressed a doubt as to having had a voice in the matter. He the powers which were to be given in some therefore proposed that henceforth the cases to enable town commissioners to direct interference of the Executive levy market tolls; he hoped this subject Government in the building and mawould be delicately treated, for he would nagement of these asylums should altoas soon have the markets in private hands gether cease. He proposed that in every as in those of the town commissioners. county visitors should be appointed by the
Bill for the Regulation of Markets in grand jury, with authority to enlarge the Ireland, ordered to be brought in by Lord old and build new asylums where necesNaas and Mr. ATTORNEY GENERAL for Ire- sary, and also to exercise all the powers land.
now vested in the boards of governors noBill presented, and read 1°.
minated by the Lord Lieutenant. Where
the district asylum belonged only to one LUNATIC POOR (IRELAND).
county the grand jury of that county would LEAVE, FIRST READING.
choose all the visitors, the number to be LORD NAAS moved for leave to bring regulated according to population by the in a Bill to consolidate and amend the law Lord Lieutenant. Where the asylum berelating to lunatic poor in Ireland. In longed to more than one county, then each 1856 a Commission was issued to inquire grand jury would appoint a certain prointo the state of lunatic asylums, both portion of the visitors ; the several bodies public and private, in that country. The of visitors thus appointed to become one Commissioners visited all the institutions visiting Committee for the management of in Ireland for the relief or reception of the district asylum. One of the recomlunatics, and, liaving examined all the mendations of the Commissioners, which he