HC Deb 18 July 1866 vol 184 cc1002-3

(Mr. Chambers, Mr. Edward Craufurd.)

[BILL 51.] SECOND READING.

Order for Second Reading read.

MR. THOMAS CHAMBERS

said, he rose to move that the order for the second reading of this Bill be discharged on account of the lateness of the Session, and the pressure of business. The Bill was intended to clear away an ambiguity in the Acts of 1857 and 1858, and to ensure the rights of parties to a trial by jury in all questions affecting a declaration of legitimacy. The Bill was simply declaratory, because it was quite clear, from what had taken place during the passing of the Bill, that the Legislature had had no intention of leaving any doubt on the subject. He believed that the whole profession were in favour of the above Bill; but, to his surprise, he found the hon. and learned Member for Ayr (Mr. Craufurd), although his name was on the back of the Bill, had changed his mind, and intended to oppose the measure. Although there were overwhelming arguments in favour of the Bill, what he believed to be unfounded objections were taken to it, and as at this period of the Session he could not hope that it would pass into a law, he should now move that the order be discharged.

MR. E. CRAUFURD

said, that his name certainly appeared on the back of the Bill, but in reality he was entirely opposed to it, and had in deference to the legal abilities of his hon. and learned Friend, tacitly permitted the use of his name under a misapprehension. When the Bill was printed he recognized in it a measure which had been repeatedly pressed upon the House of Commons by the present Lord Chief Baron of the Exchequer (Sir FitzRoy Kelly) and repeatedly rejected. In his opinion, the doubts which were said to have arisen as to the state of the law did not exist at all, and Parliament intended, not that the parties should have an absolute right to a jury trial under the Act, but that it should be at the discretion of the Judge to grant or withhold such a trial. If that were so, what was wanted was, not a mere declaratory Bill, but one to alter the law. But he entertained the strongest objection to any change in the law, and thought that, under the circumstances, his hon. and learned Friend would exercise a wise discretion in withdrawing the Bill.

Order discharged: Bill withdrawn.