HC Deb 22 March 1867 vol 186 cc448-50

Order for Committee read.

MR. LAWSON

said, that as this was the same Bill which the late Government had introduced, he had no objection to the House going into Committee on it; but he wished first to know what Her Majesty's present Government intended to do with the subsequent or supplemental Reports of the same Commissioners upon whose first Report this Bill was based. Did they intend to introduce a second Bill?

THE SOLICITOR GENERAL FOR IRELAND (Mr. CHATTERTON)

said, that with regard to the second Report of the Commissioners, which dealt with the official staff of the Court of Chancery, it was considered better to deal with it in an independent Bill; and he could assure the hon. and learned Gentleman that the Bill was in preparation and would be introduced as early as possible.

Bill considered in Committee.

(In the Committee.)

Clauses 1 to 3 agreed to.

Clause 4 (Appointment of Vice Chancellor).

GENERAL DUNNE

said, that as the Bill proposed the appointment of a Vice Chancellor in the place of three Masters, and as the duties of the latter were to be discharged by chief clerks, with authority and power nearly equal to the Masters, but certainly with not the same amount of legal knowledge, he wished to know if the proposed change would increase the expense to the suitors as well as to the country by the pensions to be granted to the retiring Masters?

THE SOLICITOR GENERAL FOR IRELAND (Mr. CHATTERTON)

said, the procedure of the court would not only be more effective but cheaper. The chief clerks were not intended to take the place of the Masters, but to take the non-judicial business and carry it out under the directions of the Vice Chancellor.

Clause agreed to.

Clause 5 (Appointment of Successors of Vice Chancellor).

MR. LAWSON

said, there was now much unnecessary expense, attended with delay, owing to the needless multiplication of documents and meetings, which might be avoided by a single Judge taking a case throughout, and he would suggest that there should be two scales of costs—the lower one for cases involving sums below a certain amount.

Clause agreed to.

Clauses 6 to 10, inclusive, agreed to.

Clause 11 (Appointment of Chief Clerks).

SIR COLMAN O'LOGHLEN

said, he had to propose an Amendment, which had been formerly proposed by the present Attorney General for Ireland. Its object was to prevent the delegation of duties resulting in the creation of bastard Masters, men not qualified to discharge judicial duties. In form it was to omit certain words, and to insert others requiring that the chief clerk "shall assist the Judge in business not of a judicial character."

THE SOLICITOR GENERAL FOR IRELAND (Mr. CHATTERTON)

said, he would accept the principle of the Amendment.

Clause, as amended, agreed to.

Clause 12 amended and agreed to.

Clause 16 (Tenure of Office of Chief Clerk).

MR. CHILDERS

said, that under the clause as it stood, a chief clerk appointed under this Act would be entitled to set up a claim to be compensated to the full amount of his salary in case of his office being abolished.

THE SOLICITOR GENERAL FOR IRELAND (Mr. CHATTERTON)

said, the clause was like the clause in the Act relating to the officers of the English Court of Chancery.

MR. CHILDERS

said, that was the very reason he objected to it. He suggested that if the words "shall hold his office on the same terms as a civil officer" were added, his objection would be removed.

THE SOLICITOR GENERAL FOR IRELAND (Mr. CHATTERTON)

said, he consented to postpone the clause.

Clause 28 postponed.

Clauses 29 to 39, inclusive, agreed to.

Clause 40.

Motion made, and Question put, "That the Chairman do report Progress, and ask leave to sit again."—(Sir Colman O' Loghlen.)

Motion agreed to.

House resumed.

Committee report Progress; to sit again upon Thursday next.