§ Order for consideration, as amended, read:—
§ MR. HADFIELDremarked that he thought that the schedule of the list of districts ought to be revised. In Somerset, for instance, there were to be no less than three districts, which were out of proportion to the population of the county. The districts were so ill considered that they required correction, as, when they were once fixed, it would be very difficult to alter them.
§ Mr. HENLEYsaid, that, after the proceedings of last night, the present Motion for the recommittal of the Bill took him quite by surprise. He thought the House should not be called upon to come to any decision on the new clauses on so short a notice. The House had had no time to examine them, and he himself was not in a position to offer an opinion upon them, one way or other. Besides the new clauses, there was a page and a half of Amendments on the paper.
THE ATTORNEY GENERALsaid: every one present last night knew that there was an agreement between himself and the learned Member for Wallingford (Mr. Malins) to introduce the clauses in the Bill of last year, as to compensation on condition of the exclusive privilege of proctors to practise in the courts being given up. In order to effect this, it was requisite to recommit the Bill, pro formâ. His right hon. Friend (Mr. Henley) had also, last night, called his attention to the circumstance that there were certain archdeacons who performed judicial functions in their own courts, and thus obtained emoluments for the loss of which, under the Bill as it stood, they would be unable to obtain compensation. He would suggest that his right hon. Friend should give notice of an Amendment to meet such cases, or that he should move the addition to the interpretation clause of words declaring that the term "Judge" should include all Archdeacons performing, personally, judicial functions in their own courts. He believed that, according to the forms of the House, that might be done at the present stage of the Bill. He hoped, therefore, that the House would consent to go into Committee on the Bill, which might, after having been amended and reprinted, be reported on Thursday. With regard to the observations of the hon. Member for 996 Sheffield, (Mr. Hadfield), he (the Attorney General) did not think that any blame could be attributed to the Government, who had done all in their power to secure a satisfactory arrangement of districts. The schedule had been the subject of discussion during a whole night, when he stated that, in the formation of districts, the objects of the Government had been to continue, as places where probate should be granted, those country towns where diocesan registries or courts at present existed, to consult the convenience of the public, and so to arrange the districts that, generally speaking, the duties of registration might be discharged by one officer. He stated, on that occasion, that, adhering to the principles he had laid down, the schedule would be open to any suggestions of alteration, upon which the House would determine. Since that discussion of a schedule which had been before the country for many weeks, he had received innumerable applications asking for alterations in the schedule, and now, at the twelfth hour, the hon. Member for Sheffield came forward with a general complaint against the schedule. There were a number of specific proposals on the paper, upon which the House would decide; but, he must say, he thought there was not the least reason for the complaint of the hon. Gentleman. He (the Attorney General) had endeavoured, at great personal inconvenience, to give his careful consideration to all the representations made to him by parties whose interests would be affected by the measure.
§ VISCOUNT GODERICHsaid, he wished to ask whether he had correctly understood the hon. and learned Gentleman to say, last night, that, if the exclusive rights and privileges of proctors were abolished in matrimonial as well as in testamentary causes, they would receive compensation for the abolition of that branch of their business? As to the schedules, the proper time for discussing them would be at a future stage.
§ MR. BAINESsaid, this was not the time to discuss the schedules. Let the Bill be reprinted and reconsidered, and then the schedules could be discussed on the Report.
§ MR. SPOONERsaid, the hon. and learned Member for Wallingford, (Mr. Malins) who had originated the Amendments on the paper, was absent, under the impression that there would be no discussion.
§ House in Committee: Bill recommitted; considered in Committee.
§ MR. HENLEYmoved a clause to the effect that Archdeacons sitting as Judges should be so considered.
§ Clause agreed to.
§ House resumed: Bill reported with Amendments; as amended, to be considered on Thursday, and to be printed.