HC Deb 06 July 1853 vol 128 cc1337-9

Order for Committee read.

Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."

MR. R. PHILLIMORE

said, he trusted, after the statement made last night by the hon. and learned Attorney General, that the hon. Member (Mr. Hadfield) would not proceed with this Bill, which would have the effect of multiplying the evils which he was desirous to prevent. That was the opinion of every lawyer who had looked at its provisions.

MR. HUME

said, the object of the Bill was, that one probate only should be necessary for the whole kingdom. When the Bill was read a second time, the hon. and learned Solicitor General made one of the best speeches ever made on the subject, and said he had a Bill ready. It had not been brought in, and they ought to know what the impediment was. Every year since he had been in that House, promises had been made that the Ecclesiastical Courts should be reformed, but they had not been reformed yet. If they could not get the whole they wanted, let them have part.

MR. HADFIELD

said, he should he glad to be relieved from the responsibility of going on with this Bill, if other persons more competent than himself would take charge of it. The measure had received the sanction of the right hon. and learned Lord Advocate, and the hon. and learned Member for Enniskillen (Mr. Whiteside). It had also been approved of by the hon. and learned Member for Wallingford (Mr. Malins). Not seeing any Member of the Government present, he begged to ask the right hon. Gentleman opposite (Mr. Henley) what prospect there was of the Commission now sitting recommending any measure of this description?

MR. HENLEY

said, that having been appealed to by the hon. Member for Sheffield, he must say that he thought if this Bill became law, it would make the confusion so intolerable that the whole country would cry out against it. The provision with respect to grants of administration was full of faults, and would aggravate the evils of the present system. The hon. Member for Montrose (Mr. Hume) was aware that the subject had occupied the attention of the Legislature more or less in the course of the last twenty-five years, and that Bills more extensive than the present had been introduced at various times by some of the first men in Parliament on the subject. None of these Bills, however, had been passed, owing to the defects in them having given good grounds for their rejection. The late Government had appointed a Commission, or, he should say rather, had extended the powers of a previous Commission, in order that the question might he inquired into. That Commission, which numbered seven Judges among its members, had been continuously occupied with the subject; but he could not say what might be their ultimate opinions with regard to it. The hon. and learned Solicitor General had not long ago announced that he had a measure prepared on the subject; but that hon. and learned Gentleman was not now present to answer for himself. His own opinion was that the present Bill would create a great deal of confusion, and he would recommend the hon. Member not to proceed with it, more especially as the subject would be taken up next Session, at all events, either by the Commissioners or the Government.

MR. CROSSLEY

said, that as no Member of the Government was present, he would move that the debate be postponed to next Wednesday.

Debate adjourned till Wednesday next.