HL Deb 11 May 1857 vol 145 cc104-5
THE LORD CHANCELLOR

presented a Bill to amend the Law relating to Probates and Letters of Administration in England; also a Bill to amend the Law relating to Divorce and Matrimonial Causes in England; and moved that they be read a first time. The noble and learned Lord said, that as these Bills were substantially the same as those of last Session, although a few alterations had been introduced in deference to the suggestions of some of their Lordships, he should not trouble the House by entering into any detailed description of their provisions.

LORD CAMPBELL

said, that if persons who had to take out probate were to be subjected to a Chancery suit, he should feel it to be his duty to oppose the Bill; and, with regard to the Divorce Bill, if it contained the same clauses as that of last year, permitting the parties to have a voluntary separation at any time they pleased, he should feel it to be his duty to oppose that Bill also.

THE LORD CHANCELLOR

said, he felt obliged to his noble and learned Friend for giving him an opportunity of explaining what he meant by "a few alterations." The Bills were substantially the same as the Bills of last Session, but several amendments had been made. Amongst others, with regard to the Testamentary Bill he made an alteration, not that he was convinced of the propriety of the observations, but out of deference to the opinion of the House. He therefore separated the proposed Court of Probate in every way, not only from the Court of Chancery, but from every Judge in the Court of Chancery. During the discussion a great many suggestions had been made, some of which he adopted in the Bill. With regard to the Divorce Bill, he had struck out the clauses to which his noble and learned Friend objected, as they met with no great concurrence in any part of their Lordships' House.

Bills severally read 1a; and to be read 2a on Monday next.

House adjourned at a (Quarter before Six o'clock, till To-morrow, Half-past Ten o'clock.