HL Deb 29 February 1872 vol 209 cc1143-5

Clauses 24 to 27 agreed to.

THE BISHOP OF WINCHESTER moved, after Clause 27, to insert the following clauses:— When an appeal is made to the provincial court a copy of the shorthand notes or report of the evidence taken in the diocesan court shall be transmitted to the provincial court for its consideration, and no fresh evidence shall be brought in cases of appeal before the provincial court, save by the permission of the official principal of the said court. When an appeal is made to Her Majesty in Council, a copy of the shorthand notes or reports of the evidence taken or placed before the provincial court shall be transmitted to the said Judicial Committee for its consideration, and no fresh evidence shall be brought before the said Judicial Committee save by the permission thereof. A sentence of deprivation and of perpetual suspension may be pronounced upon any clerk in holy orders adjudged to be guilty of adultery or in- continence, any law or custom to the contrary notwithstanding: Provided always, that nothing contained in this section shall be construed to prohibit the passing of any sentences of deprivation or perpetual suspension upon clerks in holy orders adjudged to be guilty of offences against the laws ecclesiastical which have been heretofore punished by such sentences: Provided also, that no sentence of deprivation or perpetual suspension shall be pronounced in the diocesan or provincial court save by the archbishop or bishop in person, or by some person deputed by the said archbishop or bishop for the purpose, by an instrument under his hand and seal. It shall be lawful for any archbishop in whose provincial court any suit may not have been heard, if he think fit, to give effect within his own province to the sentence pronounced by any diocesan or provincial court if such sentence shall not have been reversed on appeal, and if such sentence shall have been varied on appeal, then to such sentence so varied, and the said sentence shall take effect throughout the province of the said archbishop upon the execution by the said archbishop of an instrument, dated within three calendar months after such sentence shall have been pronounced, or confirmed or varied, as the case may be, such instrument being in the form contained in the Schedule (D.) to this Act; and the said sentence shall from and after the date of the execution of such instrument be as good and effectual in law throughout the province of the said archbishop as if pronounced by the provincial court thereof.

Clauses agreed to, and added to the Bill.

Clauses 28 and 29 agreed to.

Appeals to the Judicial Committee of the Privy Council.

Clause 30 (Appeal to the Queen in Council from the judgment of a Provincial Court) agreed to.

Clause 31 (Provincial Court may transmit an appeal per saltum to the Judicial Committee).

THE BISHOP OF WINCHESTER

expressed his opinion that it was objectionable to allow the parties to a suit which had not been heard in the Archbishop's Court to carry it per saltum to the Judicial Committee of the Privy Council.

THE DUKE OF RICHMOND

said, this could only be done with the consent of both parties.

THE BISHOP OF WINCHESTER

said, that when great doctrinal questions were at issue other persons besides the parties to the suit would be deeply interested in the result. He thought, therefore, that such cases ought, for the sake of the Church, to be heard in the Archbishop's Court.

LORD CAIRNS

thought that, as the suitors had to pay the costs, they ought to be permitted to take the case at once before the Privy Council.

Clause agreed to.

Clause 32 agreed to.