HL Deb 06 July 1837 vol 38 cc1808-9
The Marquess of Westmeath

moved, that the House go into Committee on the Right of Presentation Recovery (Ireland) Bill.

The Lord Chancellor

objected to the Bill, that it went to withdraw jurisdiction relative to presentation from courts peculiarly adapted for that purpose, and to bestow it upon the Court of Chancery, which was not suited to the due discharge of such a function.

The Marquess of Westmeath

said, that it was a great grievance to persons having presentations to livings in Ireland, and becoming parties to writs of quare impedit, to have the law as it now was. The best mode of remedy was to have all such matters sent to the Court of Chancery, instead of being left to the Courts of Common Law.

The Lord Chancellor, that was the great objection to the Bill. In order to relieve some cases in which he would admit that grievances might exist, it would take the whole jurisdiction in such matters from the Common Law Courts and transfer it to the Court of Chancery, without any one reason being assigned for the change.

Bill to be committed in three months.