LORD NAASsaid, he wished to correct a statement which had been made in his absence by the hon. Member for Dovor (Mr. Bernal Osborne) as to an appointment in Ireland. He thought it would have been more courteous if the hon. Member had given notice of his intention before putting the question. He had stated, however, that an appointment had been made to the Incumbered Estates Court in direct opposition to the report of the Commission, and in the face of a decreasing business in the Court. Now, it was not made in direct opposition to, but in conformity with, the law and the provisions of an Act passed last year. The question was then fully discussed as to whether there should be two or three Judges of the Court. The Government thought there should be two only, but the House was of a different opinion, and after considerable discussion, and in deference to that opinion, it was determined that the Court should consist of three Judges. With regard to the business of the Court decreasing, a more unfair statement than that of the hon. Gentleman he had never heard in that House. The Court, as newly constituted, had not been long in existence, so that no fair criterion could be formed as to what its future business would be likely to be. Sufficient time had not been afforded those who wished to avail themselves of the Court to bring their cases into it, and time had been required to revise the rules. But as soon as the Court could get into fair working there was good reason to believe that its business would be increased, and that there would be ample employment for three Judges. There was also every reason to believe that the Court would be self-supporting. At 1432 any rate, the appointment made would not create an extra charge on the Treasury, because if there were only two Judges their salaries would have to be increased.
§ MR. MELLOR, said, that the explanation of the noble Lord was altogether incorrect. It was last year thoroughly understood that the business of the Court would be speculative, and the Attorney General for Ireland deprecated the appointment of three Judges, because he said two would be quite sufficient for all purposes; but it was thought that as Mr. Hargreaves was about to be pensioned off at his full salary, the country might as well have the advantage of his services. In the event, however, of his transference to England, where it was proposed to establish an Estates Court, the understanding was that the vacancy in Dublin would not be filled up. In his opinion a more rash and ill-considered appointment could not have been made, and he could not compliment the Government upon a desire to save the public money. It was a mere evasion to say the salaries of the Judges would not be paid by the country. They were paid by the suitors' fees, which was in truth the same thing. He could only repeat that his recollection of what passed last year was entirely different to that of the noble Lord. There was no intention to make a permanent provision for the Judges.