§ Order of the Day for the Second Reading read.
The MARQUESS of CLANRICARDE, in moving the Second Reading, of this Bill, said that the Civil Bill Courts in Ireland, which were presided over by the Assistant Barristers, were among the most useful tribunals of the country, and among those which enjoyed the largest share of public confidence. Three fourths of the present measure consisted of a digest or codification of the existing law, so far as related to the civil jurisdiction of Assistant Barristers in Ireland. It gave them also a new power of hearing insolvent petitions, a regulation which must be much more convenient to creditors and to honest debtors. That power had lately been given to the County Courts in England, and, as he understood, it had operated very beneficially. The Bill further proposed to extend the jurisdiction of the Assistant Barristers from 20l. to 40l.; it enabled them to adjudicate on all cases of legacies up to 20l., whatever might be the amount of assets on which those legacies were charged. And another important feature which it presented was, that it gave them an exclusive original jurisdiction, instead of a concurrent jurisdiction, as heretofore. There was 1383 another clause in the Bill which he thought would be universally admitted to be beneficial to all Irish classes that were connected with land; he alluded to that clause which gave the landlord power of ejectment against tenants at will, in the same way as if they held under a lease. It might be thought that such a provision conferred too great power upon landlords; but on the other hand it would provide a remedy for the practice of serving yearly tenants with constant notices to quit, which was a most painful proceeding, and prevented all feelings of security in the transactions between man and man. There were several other important points in the Bill, with which, however, he would not trouble their Lordships. Under such circumstances, the Assistant Barrister, who now received only 400l. a year, would be entitled to some increase of salary; and it was proposed that these salaries should be paid out of the Consolidated Fund. The amount of their future salaries might be seen from the schedule of the Bill, and it was expected that the additional charge thus thrown on the Consolidated Fund, would be fully compensated by the operation of the rule that stamps should be used for the future in all proceedings in Civil Courts in Ireland. He would be happy to consider in Committee any objections that might be made to the Bill.
The EARL of LUCANdid not object to the Bill, which, on the whole, he considered a good measure; but he thought its jurisdiction should be more extensive. At a future stage of the Bill he would endeavour to increase its powers to the same amount as the County Courts in England, viz., to 50l., instead of their present limit. There were several clauses to which he would move amendments in Committee; for however good the Bill might be, there was no harm in attempting to make it better if possible. He hoped the Civil Bills Courts would be able to pay their own expenses in the manner proposed. He would move, also, that the Assistant Barristers should have the appointment of their own officers.
§ The EARL of ST. GERMANSsaid, he would not oppose the second reading of that Bill; but he wished to call their Lordships' attention to the remarkable fact that that Bill of 160 clauses should be only laid, on their Lordships' table on the very day on which the Appropriation Bill was brought into the House of Commons, otherwise he should have moved that it be 1384 referred to a Select Committee. After referring to a few of the details of the Bill which he thought objectionable, the noble Earl concluded by observing that it was most unreasonable to expect that their Lordships could go minutely through every clause of the Bill during the present Session.
§ LORD MONTEAGLEthought the opposition which had been offered to the present Bill was unreasonable, as all parties had agreed that the Bill was a good measure, and were anxious that it should pass. If he did not think it might endanger the Bill, he would be disposed to move to refer it to a Committee upstairs, for he thought their Lordships would in one clay, with the assistance of the officers who had drawn up the Bill, make it a complete and perfect measure.
The EARL of GLENGALLsaid, he also entertained several objections to the Bill, and particularly with respect to its jurisdiction, which he thought ought to be increased to 50l.
§ LORD BEAUMONTsaid, that on general grounds it was highly expedient to bring in a Bill of that importance at an earlier period of the Session. Although the principle of the measure was fully conceded, yet it being entirely a matter of detail, it was only in Committee they could properly deal with it.
§ Resolved in the Affirmative; Bill read 2a accordingly.