HC Deb 28 March 1849 vol 103 cc1444-6
SIR W. SOMERVILLE

said, that the object of this Bill was to assimilate the law in Ireland to the law which had been passed last Session for England, and which had been found to work extremely well. By this Bill those laws which were now scattered in different Acts of Parliament would be consolidated in one Act.

The House then went into Committee on the Bill.

Clauses up to 16 inclusive were agreed to.

On Clause 17, the object of which is to render dispositions taken in cases of illness admissible in courts of law being proposed,

MR. W. T. M'CULLAGH

said, that the alteration proposed to be made by this clause was an important one. It was the introduction of a now principle. He did not think it had been enough considered; he hoped, therefore, it would be postponed till the Judges in Ireland were consulted with regard to it. Those who were conversant with the proceedings in courts of law in Ireland must be aware that it was on cross-examination of the witness that truth was frequently elicited.

SIR W. SOMERVILLE

said, that no new principle was introduced; it was merely the application of a law which had been found to work well in this country to Ireland.

MR. F. O'CONNOR

said, that if the laws of Ireland generally were assimilated to those of England, he would not say a word against the present clause. He hoped time would be given to consider the clause.

SIR L. O'BRIEN

thought the cases of treason should be excepted from the Bill. By this clause he apprehended that the notice at present required in cases of high treason would be done away with.

The ATTORNEY GENERAL

said, that under this Bill the same notice should be given in cases of high treason as at present.

MR. FRENCH

saw no cause for postponing the clause, which was a good one.

MR. S. CRAWFORD

would not object to the clause, if the law of Ireland generally were assimilated to the law of England. He thought that in Ireland, where the sanctity of an oath was not always ob-served, the power of cross-examination of the witness should not be given up.

MR. GRATTAN

said, that his hon. Friend the Member for Rochdale was mistaken. The sanctity of an oath was as much respected in Ireland as in any country in the world.

MR. S. CRAWFORD

said, he alluded to those persons who came forward as informers.

SIR W. SOMERVILLE

said, that if the clause were agreed to, he would give an opportunity for again considering it on bringing up the report. In the meantime he would consult the judicial authorities in Ireland on the subject.

SIR L. O'BRIEN

said, he could not allow the clause to pass unless cases of high treason were excepted. He should, therefore, move the insertion of these words, "except in cases of high treason."

The ATTORNEY GENERAL

said, that it would be an advantage in cases of high treason to have the depositions taken down before a magistrate. In fact, there was no alteration of the existing law except the introduction of the words, "where the person is ill."

MR. F. O'CONNOR

said, that the Bill did not assimilate the law of Ireland to that of England in cases of high treason.

SIR W. BARRON

said, that the trial should not be proceeded with till it was known whether the person that was ill would recover or not.

SIR J. PAKINGTON

bore testimony to the utility of the alteration in the law made in the last Session of Parliament.

MAJOR BLACKALL

said, the clause was calculated to supply a want in the administration of justice in Ireland.

The Amendment of Sir L. O'Brien was negatived without a division, and the Clause was agreed to.

Clauses up to 29 were agreed to.

On Clause 29, which gives power to a single metropolitan magistrate or to a stipendiary magistrate to take depositions and commit, being proposed,

SIR L. O'BRIEN

said, he should object to the clause, because it gave a new power, and also because it enabled a metropolitan or a stipendiary magistrate to do what could only he done by two of the ordinary magistrates of the country.

COLONEL DUNNE

said, he should oppose the clause.

The ATTORNEY GENERAL

said, that in this country every magistrate of the city of London had the power which was objected to.

Clause agreed to. The remaining clauses were also passed.

The House resumed.

Bill reported. Report to be taken into consideration on Wednesday, the 18th of April.