HL Deb 27 June 1864 vol 176 cc332-3

Moved, That the Bill be now read 2a—(The Lord Chancellor.)

THE EARL OF LEITRIM

said, that the Bill did not embody all the improvements which were desirable. The Bill proposed a very important alteration in law; but it was very imperfect.

THE MARQUESS OF CLANRICARDE

said, that although undoubtedly the Bill was very imperfect, still he thought it was a measure which deserved the support of the House. He would further express a hope that the Government would go still further in the path of law reform, and that they would not abandon the Irish Court of Chancery Bill, which had been introduced into the other House.

THE EARL OF DONOUGHMORE

was understood to remark upon the power given to the sheriffs to appoint the bailiffs who were to execute the civil bill decrees.

THE EARL OF BELMORE

said, that he wished to make two or three observations before the Bill was read a second time. He quite agreed with all that had fallen from the noble Earl who spoke last; and from his own experience as a magistrate, he found that a great part of the crime to be dealt with in his part of Ireland consisted of assaults committed in resisting the execution of civil bill decrees. It was, therefore, very important that the bailiffs who executed these decrees should be under proper control. By the 37th clause of this Bill it was provided, that the Judges of the Court of Queen's Bench should have the power to make and alter rules with regard to appeal cases stated for their decision. Now, his (the Earl of Belmore's) attention had been called to the fact that appeals were made to the other Superior Courts of common law as well as to the Queen's Bench. He would, therefore, give notice of an Amendment in Committee to provide for those cases. By the 6th clause of the Bill the Chairman was to have power to fine the bailiffs for neglect or misconduct. These bailiffs were generally taken from a very low class, and not possessed of any property, so that the power to fine them would not be productive of much effect, and he thought that the Chairman should have some further control over them. These were minor points, and he would give due notice of Amendments to be proposed in Committee.

After a few words, in reply, from The Lord CHANCELLOR,

Motion agreed to: Bill read 2a accordingly, and committed to a Committee of the whole House on Monday next.

House adjourned at a quarter before Eight o'clock till to-morrow, half past Ten o'clock.