ADMINISTRATION OF JUSTICE.

HL Deb 07 September 1841 vol 59 cc496-8

Lord Cottenham

moved the third reading of the Administration of Justice Bill.

Bill read a third time.

Lord Campbell

had prepared a clause, in pursuance of the intention he had given on a previous evening, in order to remove doubts as to the eligibility of Irish barristers for the situation of Vice-Chancellor under the Bill then before their Lordships. It appeared to him that as the Bill at present stood such a clause was necessary. The Bill referred to the English Court of Chancery and the English Court of Exchequer, and when it stated barrister-at-law, it might very naturally be inferred that it merely applied to English barristers. With every deference to the opinion of his noble and learned Friend on the woolsack, he continued to think that such an amendment as this was necessary. To obviate the objection of his noble and learned Friend, that the insertion of the declaration might render other acts doubtful, he had worded the clause so as to apply to the present and to all acts which had passed in which the word "barrister" might occur. The noble Lord moved his amendment, to the effect, "And be it further enacted and declared, that in the construction of this Act, and of every other Act relating to offices and appointments, the expression barrister, or barrister-at-law be taken to mean barristers practising in England or Ireland, unless where it may be otherwise expressly provided."

Lord Brougham

thought it a very useful addition to be made to the bill, and if it satisfied a respectable, a learned, and able body of men, it ought to be introduced. He would remind his noble and learned Friend, however, that when the bill was sent down to the other House last year, when his noble and learned Friend was a Member of that House, he had not then thought of introducing such a clause. It appeared to him, that the bill would merely make them eligible, and it was very proper that they should be so; but let it not go for more than it was worth— let it be understood, that there was no intention of appointing an Irish barrister to such a situation.

The Duke of Wellington

said, the amendment was most comprehensive, for it went to include all acts in which the word "barrister" occurred; but there were some appointments which were only by Irish, and some only by English barristers, such for instance as the barristers revising the registration.

Lord Brougham.

—There the proviso came in, "unless otherwise provided;" but it was not so in the present bill.

The Lord Chancellor

had no objection to the amendment, but he had always understood, that "barrister" meant a member of either bar. There were, he was aware, instances of exceptions—for instance, the revising barristers in Ireland must be altogether Irish, to the exclusion of the English bar; and there were some other instances where the members of the Irish bar were named, to the exclusion of English; but when this was done, and when the particular bar was named, the fair inference was, that when not so named the word "barrister" should be taken to mean a member of either.

Lord Campbell

said, that his attention had been called to the clause by some eminent Irish barristers, and by some of the Irish judges.

Bill passed.