§ On Motion that the Bill be now read 3a,
THE LORD CHANCELLORsaid, that he had added two clauses to it to make the powers of remanding perfectly clear, although he considered the objections which had been taken perfectly hypothetical.
LORD BROUGHAMsaid, that great difficulty had been felt with respect to accommodation. In some cases, although the courts were said to be public, they were practically private. He therefore should move to transfer the clause from the County Courts Act to this Bill, for the purpose of giving powers to use public rooms or places, wherever there were such, under the same limitations as in the County Courts Act.
THE EARL OF WICKLOWsaid, he wished to propose two Amendments; the first would be to Clause 5, which, as at present framed, required that the certificates should be signed by two justices attending petty sessions. What the practice in this country was he did not know; but the practice in Ireland was, that the certificate should be signed by the presiding justice in each individual case. He should therefore propose to add, after the words "signed by two justices," the words "or the presiding justice."
THE EARL OF WICKLOWwould then propose an Amendment to Clause 10. This clause, as at present framed, would place stipendiary magistrates resident in the counties of Ireland in a position above the other magistrates, inasmuch as they would have a power which could not be exercised by the other magistrates. He would add words to obviate this difficulty, and which would give to resident magistrates acting with the stipendiary magistrates the same privileges as they would possess.
THE LORD CHANCELLORsaid, no apology was necessary from the noble Earl in calling the attention of their Lordships to these oversights. The Bill, as originally framed, was intended for England only, but his noble Friend (the Earl of Desart) having suggested that it should be extended to Ireland, an alteration was made in the last clause. It was at first considered that it would be more expedient to introduce a separate Bill for Ireland than to bring all three countries under the operation of the same measure, but it was 637 afterwards stated to him that nothing more need be done than make the present Bill extend to Ireland, as all the provisions were adapted to the state of that country. He quite agreed with the noble Earl that the Amendments would be an improvement, and would place the magistrates acting in the counties in the same position as the stipendiary magistrates.
LORD BROUGHAMregretted that an Amendment of which he had given notice had not been made. He quite agreed to the alterations proposed by the noble Earl opposite.
§ Bill read 3a; Amendments made; Bill passed, and sent to the Commons.