Lords Sitting of 10 April 1851

MINUTES.
PUBLIC BILLS.—1a County Courts Equitable Jurisdiction; Patent Law Amendment (No. 2).
Reported.—County Courts Further Extension.
3a Mutiny; Marine Mutiny; Mills and Factories (Ireland).

COUNTY COURTS EQUITABLE JURISDICTION BILL.
LORD BROUGHAMstated, that the Bill which he now laid on the table was the one he had pledged himself to bring in, when he refused to put clauses in the County Courts Extension Bill, giving the County Courts original jurisdiction in equity. He had then stated, that it would be fit to apply the principle of the new Orders respecting claims to the County Courts, with a power of appeal on matters of law and equity, and also a power of removal by application to the Judge in Chancery, as there is a removal by certiorari
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in the Common Law jurisdiction of these Courts, the application being then made to the Common Law Judges. The Bill which he now presented was formed upon these principles, and it contained a process of examining both parties to a suit orally, instead of by bill, and cross bill, and answers. The jurisdiction was confined to personal property. The limits to that jurisdiction could not be presented, from the nature of such processes; but the power of removal would prevent it from being extended inconveniently. If any one objected to this measure, he begged that the statement of the solicitors, some years ago, might be well considered. All the most eminent practitioners—Messrs. Gregory and Falconer, Sharpe, Tooke, &c. &c.—had then signed a petition, in which they distinctly stated, that they never could advise any client to go into the Court of Chancery for so small a sum as 1,000 l The denial of justice which this showed, was most frightful. It was well known, indeed, that if a cause of no complication, a matter only just beyond being set down as a short cause, were to-morrow begun, it would be two years and a half before it could be heard. So that the delay was as grievous as the expense. The Bill he now presented would both lessen incalculably the expense of such processes, and, by relieving the Court of Chancery from its present pressure, prevent delay also. He moved that it be read a First Time.
Bill read 1a.

MARRIAGES (INDIA).
The MARQUESS of BREADALBANEpresented a petition from the Commission of the Free Church of Scotland, praying, that marriages celebrated in India by Protestant Dissenting Ministers should be legalised, and for regulating the marriages of native converts there. At present, marriages celebrated by Dissenting Ministers were invalid, unless celebrated by a Roman Catholic priest, or clergyman of the Church of England. There ought to be a uniformity respecting the laws of marriage amongst Her Majesty's subjects here, in India, and in the Colonies.
LORD BROUGHTONsaid, the attention of Her Majesty's Government had for some time been directed to this very important subject; and it was his intention shortly to introduce a measure which he thought would be approved of by their Lordships, with a view to remove those evils of which the petitioners complained.
Petition read, and ordered to lie on the table.

AGRICULTURAL DISTRESS.
The EARL of MALMESBURYpresented a large number of petitions, complaining of agricultural distress, and praying legislative relief. The noble Earl said, that, although he presented these petitions, as he was in duty bound to do, complaining, as they justly did, of agricultural distress, and the backwardness of Her Majesty's Government in relieving that distress, he felt it to be impossible for him to hold out any hope to the petitioners that they would be listened to for any useful purpose by Her Majesty's Ministers. All the attempts hitherto made to obtain some alleviation of the sufferings of the agricultural interest had been unsuccessful, being treated by them with indifference or neglect. This was exemplified in the course taken with respect to the Budget. In his original statement, the Chancellor of the Exchequer had proposed the remission of the duty on agricultural seeds, as well as the adoption by the State of half the expense of maintaining pauper lunatics. This was not much, certainly, when it came to be considered how slight the first was, and how unreasonable it was, as regarded the second, that the land alone should be burdened with the support of lunatic asylums for the poor; still it was a step, though a small one, in the right direction. But, in the second and amended Budget, the Chancellor of the Exchequer, on the ground that the agricultural interest had not received these boons in a sufficiently thankful manner—that they had not been "sufficiently appreciated"—now proposed to withdraw them altogether. He did not know what the Chancellor of the Exchequer meant, or what he expected; whether he expected the House of Commons would go down on their knees to thank him, or the agricultural interest would present him with a memorial for what he had done? Whether, however, it was from temper, or whether it was to pass a bad Parliamentary joke, he could not say; but the Chancellor of the Exchequer had, in point of fact, withdrawn the only parts of his financial plan which were in unison with the recommendation contained in Her Majesty's Speech at the opening of Parliament, and, by so withdrawing them, had shown the animus of the Government to which he belonged against the class in question—a class to which the country owed more than
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any other. Why Her Majesty's Government, however, should entertain such a feeling, or why take such a course, he could not fancy; but it was well at least for the agriculturists to know what they had to expect from those at present in power in this country.
Petition read, and ordered to lie on the table.

MERCHANT SEAMEN'S FUND.
The EARL of ELLENBOROUGHwished to know whether it was the intention of the Government to introduce a Bill relative to the Merchant Seamen's Fund during the present Session?
EARL GRANVILLEsaid, the Merchant Seamen's Fund was in an anomalous and mischievous state. An inquiry had been made into this subject, and no less than five Bills had been brought in by successive Governments to place the Fund upon a more efficient footing. But it was found impossible to carry these measures, in consequence of the remonstrances made by the shipping interest. Last year a Bill was brought into the other House for the regulation of this Fund; but its progress was delayed by the consideration necessary to be given to a more important Bill—the Mercantile Marine Bill. It was the intention of the Government to bring in a Merchant Seamen's Fund Bill at the beginning of this Session, and to have carried it through with all possible despatch; but the temper shown by the seamen with regard to the Mercantile Marine Bill, partly through a misapprehension of its provisions, and partly through the exertions of parties who were interested in the abuses it sought to remove, seemed to render it difficult to bring in a Bill on the Merchant Seamen's Fund, and to carry it out with any prospect of harmonious cooperation on the part of the seamen, seeing that they would be called upon for larger contributions, in order to make the pensions more adequate. The subject, however, had been reconsidered by the Government, and he hoped very soon to give some intimation to the House that an amended measure would be introduced during the present Session. He could not pledge himself, however, when the Bill would be brought in.
The EARL of ELLENBOROUGHthought there was no reason for supposing that a fair and equitable measure would be opposed by the shipping interest.
House adjourned till To-morrow.