Lords Sitting of 5 April 1859

MINUTES.
PUBLIC BILLS.—1a East India Loan; Savings Bank (Ireland) Act.
2a Recreation Grounds.
3a Manslaughter.

THE DIVORCE COURT.

  OBSERVATIONS.
  LORD CAMPBELLsaid, he wished to direct the attention of the Government, and more especially that of his noble and learned Friend on the Woolsack, to certain points connected with the working of the new Divorce Court. Great inconvenience had been caused by the overcrowded state of this tribunal, and by the inadequate judicial strength now provided for the despatch of its business. The judicial power of that Court ought, he thought, to be considerably increased. Certain provisions in the Act under which that Court was constituted were, moreover, likely to operate very prejudicially to the country, and to give rise to serious abuses. It was enacted by that measure that a woman might sue for divorce on the ground of the adultery of her husband conjoined with cruelty. He opposed that provision at the time, because he believed it would be attended with great social danger; he now found that it was the practice in every case where a woman

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  sued for a separation on the ground of adultery that she invariably added cruelty, and sought for the dissolution of the marriage. That, he thought, was a most disastrous consequence, and called for the earnest consideration of their Lordships. Another point requiring careful attention was whether the Court should not have power to sit foribus clausis, so that the details of cases of a certain character should not be made public. Any legislation which might take place on this important subject ought to originate with the Government, and he therefore hoped that Her Majesty's Government would take into their consideration the expediency of introducing a measure for the amendment of the existing law.
  THE LORD CHANCELLORsaid, he quite agreed with everything that had fallen from his noble and learned Friend. With regard to the judicial strength of the Court, he thought it was an unfortunate circumstance that when the arrangement was made for the establishment of the full Court, so limited a choice of Judges should have been given. The only Judges who could form a full Court with the Judge Ordinary were the three chiefs and the three senior puisne Judges of the Superior Courts. The learned Judge Ordinary stated that it was impossible for him to get through the business which was brought before him unless he has a full Court four times a year; and the Judges named in the Act could not possibly, with a due regard to the discharge of their own special functions, give him that amount of assistance. There should, therefore, be an extension, so to speak, of the area from which a selection of assistant Judges could be made, or else new Judges should be created for that Court. He was perfectly ready to admit that the question of the judicial strength of the Court, as well as certain details of the Act—such as that which enabled a wife to obtain a separation not only for cruelty but for desertion—required serious consideration; and he hoped he should, on a future occasion, be able to bring forward a measure which would effect in the existing system certain improvements that would enable it to work efficiently and satisfactorily.
  LORD CAMPBELLwas glad to hear the statement just made by the noble and learned Lord.
  LORD CRANWORTHsaid, he believed that the suggestions of his noble and learned Friend near him (Lord Campbell)
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  were well deserving of attention, and he was glad to find that the subject was to be taken up by his noble and learned Friend on the Woolsack.

EAST INDIA LOAN BILL.

  FIRST READING.
  THE EARL OF DONOUGHMOREmoved, that the Bill be now read a, First Time.
  EARL GREYhoped that, on the second reading of the Bill, Her Majesty's Government would be able to state what measures had been adopted, and were in operation, for reducing the military expenditure in India. On that point he thought some explanation was required.
  THE EARL OF ELLENBOROUGHtrusted there would be no delay in passing the Bill; it was most desirable that the Bill should go out, enacted, by the mail on Monday, with the terms on which the late loan had been contracted.
  THE EARL OF DERBYsaid, he would take the second reading of the Indian Loan Bill on Thursday next; it was the anxious desire of Her Majesty's Government that not a moment should be lost in passing the Bill. He should therefore on Thursday move that the Standing Orders be suspended, that the Act might receive the Royal Assent before Monday next.
  Bill read 1a To be read 2a on Thursday next; and Standing Orders Nos. 37 and 38, to be considered, in order to their being dispensed with.

RECREATION GROUNDS BILL.

  SECOND READING.
  THE EARL OF SHAFTESBURYmoved the second reading of the Bill.
  LORD WYNFORDobjected to one of the clauses in the Bill which would have the effect, he feared, of giving to tenants for life facilities for alienating property, to the injury of the rights of reversioners and remainder-men.
  THE EARL OF SHAFTESBURYsaid, that it was not intended to act upon this clause, except upon a special petition being presented.
  After a few remarks from Lord REDESDALE and Viscount DUNGANNON.
  THE LORD CHANCELLORsaid, that the only object of the clause was to permit dispositions of property for the special purposes of this Act, without its being necessary to comply with the provisions of the Statute of Mortmain.
  After some further remarks from Lord WYNFORD,
  Bill read 2a (according to order), and Committed to a Committee of the whole House on Thursday next.
  House adjourned at half-past Five o'clock, till Thursday next, half-past Ten o'clock.