Lords Sitting of 18 June 1874

MINUTES.
PUBLIC BILLS—Second Reading—Four Courts Marshalsea (Dublin) * (107); Harbour of Colombo (Loan) (101); Local Government Board's Provisional Orders Confirmation (No. 4) * (97); Local Government Board's Provisional Orders Confirmation (No. 5) * (99); Revenue Officers Disabilities * (94); Powers Law Amendment (89).
Committee—Report—Local Government Provisional Orders (No. 2) * (92).
Report—Court of Judicature (Ireland) (98–121); Statute Law Revision* (77).
Third Reading—Infants Contracts* (80).

COURT OF JUDICATURE (IRELAND) BILL.—(Nos. 57–98–121.)
(The Lord Chancellor.)
COURT OF JUDICATURE (IRELAND) BILL.—(Nos. 57–98–121.)

  REPORT OF THE AMENDMENTS.
  Amendments reported (according to Order.)
  THE LORD CHANCELLORsaid, he was about to propose some further Amendments which had been carefully considered, and which he would recommend their Lordships to adopt. The Government had given their careful consideration to a proposal made by a noble Earl (the Earl of Belmore) in Committee, that the jurisdiction of the Probate Court should be transferred to the Common Pleas Division of the High Court of Justice, and that the number of Divisions should be reduced from four to three. One of the grounds on which this proposal had been put forward was that contested cases of probate from the country might be more conveniently heard in the Common Pleas. But at present the Judge of the Court of Probate, when an inquiry in the country became necessary, had power to direct that it should be heard before the Judge of Assize. Then there was a good deal of non-contentious probate business which might be discharged by one Judge and not by several Judges. Under those circumstances, the Government had felt unable to adopt the Amendment suggested. But he had to propose new clauses, by which, when the number of Judges in the Common Pleas Division should have been reduced from four to three, the Lord Lieutenant in Council should be empowered to order that the fifth Division of the High Court should cease to exist, and should in that case
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  transfer the Judge of the Court of Probate to the Common Pleas Division of the High Court of Justice; there to become a fourth Judge of that Court; but the Probate Judge after being so transferred should possess and exercise the same jurisdiction which he had possessed in the Court for Matrimonial Causes, and also his former jurisdiction in respect of non-contentious testamentary business: and he would propose a similar Amendment to enable the Lord Lieutenant in Council to transfer the Judge of the Court of Bankruptcy to the Exchequer Division of the High Court of Justice.
  The Earl of BELMORE and Lord O'HAGANexpressed their satisfaction with the arrangements proposed.
  Clauses agreed to and ordered to be inserted in the Bill.
  Amendments made; an Amendment moved, and negatived.
  Bill to be Read 3a on Monday next; and Bill to be printed as amended (No. 121).
  THE LORD CHANCELLORthen moved Clauses D. E. P. G. I. to come in after Clause 59, enabling the Lord Lieutenant, by Order in Council, to establish District Registries, from which writs of summons for the commencement of actions in the High Court of Justice might be issued, and other proceedings in such manner as may be prescribed to Rules of Court, be taken, down to and including entry for trial, or, where plaintiff is entitled to sign final judgment for nonappearance, down to and including final judgment. Also a Clause J. enabling the Court or Judge of Division to order that any books or documents, or any accounts taken or inquiries made, by the District Registrar; and in the result of any such accounts having been taken or inquiries made, the report in writing of the District Registrar as to the results may be acted upon by the Court, as to the Court shall seem fit.
  Clauses agreed to and added to the Bill.

HARBOUR OF COLOMBO (LOAN) BILL—(No. 101.)
(The Earl of Carnarvon.)
HARBOUR OF COLOMBO (LOAN) BILL—(No. 101.)

  SECOND READING.
  Order of the Day for the Second Reading, read.
  THE EARL OF CARNARVON, in moving that the Bill be now read the second time, said, that as their Lordships were aware the mail steamers for India, China, and Australia, all touched at Ceylon. The harbour they had hitherto made use of there was that of Point de Galle, and arrangements had been made by his noble Friend opposite (the Earl of Kimberley) for the spending of a sum of money in the improvement of that harbour. Since then there had been an inquiry, the result of which was to show that the extent of the harbour of Galle was inadequate, that the currents were shifting and dangerous, that there were considerable swells there, and that it was studded and indented with rocks. One of these rocks was only discovered last year. Many wrecks had occurred there—indeed, there was scarcely a year in which there was not at least one. A very experienced captain said that he had never gone into the harbour of Galle without a sense of apprehension, and had never got out of it without a sense of relief. On the other hand, the harbour of Colombo was free from those drawbacks. There were no currents or dangerous swells there, and, moreover, Colombo was the terminus of aline of railway by which the produce of the island was brought down to the coast; and it was in other respects convenient for trade. "Under these circumstances, it had been thought advisable to make Colombo the harbour of call in lieu of Galle, and the object of this Bill was to transfer to the former the loan made in favour of the latter. The Colony was prepared to spend £600,000 on the harbours, and the Treasury undertook to advance by way of loan a sum of £250,000 at 5 per cent. 3½ of which was to be for interest and the remaining 1½ to form a sinking fund for the repayment of the principal. The security of the Colony was quite a safe one. The revenues of the Island had rapidly advanced during the last three or four years, and there was a considerable balance of receipts over expenditure.
  Moved, "That the Bill be now read 2a"—(The Earl of Carnarvon.)
  THE EARL OF KIMBERLEYentirely concurred with his noble Friend in approving the object of the Bill; but his noble Friend had made a slight mis-
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  take in saying that the arrangements for the loan to Galle were made when he (the Earl of Kimberley) was at the Colonial Office. These arrangements had been made before his accession to office. He had however found that the expenditure would be so large and that the improvement of that harbour was beset with such difficulties, further inquiry was desirable. That inquiry had been made by competent engineers and the result was a report in favour of the harbour of Colombo. He agreed with his noble Friend that the security for the loan was sufficient. The Colony was acting with spirit in the matter and the advance by way of loan from this country was no more than ought to have been expected.
  Motion agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House To-morrow.

POWERS LAW AMENDMENT BILL.
(The Lord Selborne.)
POWERS LAW AMENDMENT BILL.

  (NO. 89.) SECOND READING.
  Order of the Day for the Second Reading, read.
  LORD SELBORNE, in moving that the Bill be now read the second time, said, that as the law relating to powers stood formerly the person with power to appoint a fund among a certain number of persons was bound to appoint a substantial share to each. If he did not, his execution of the power might be set aside as illusory. In 1830, Lord St. Leonards induced Parliament to pass an Act providing that no execution of power should be set aside as illusory if anything whatever had been appointed unless it clearly appeared on the face of the power that the donor intended that a substantial share to each person should be appointed. Since the passing of that Act it had been held to be sufficient, in order to prevent the execution of such power from being set aside as illusory, to appoint a shilling or some other nominal sum to each of the objects; but if any of them were totally left out the execution of the power might still be set aside. Vice-Chancellor Hall had called his attention to the necessity of further legislation in the matter, and the object of this Bill was to provide that no appointment which should here after be made in exercise of any power should be invalid on the ground that any object of such

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  power had been altogether excluded; but every such appointment should be valid and effectual notwithstanding that any one or more of the objects should not thereby or in default of appointment take a share or shares of the property subject to such power.
  THE LORD CHANCELLORsaid, that the Bill was a curious illustration of the way in which legislation advanced in this country. Formerly the law held that no power had been duly executed unless every object of the power had a share in the appointment,—but did not require that the share given should be a substantial one. The exercise of many powers had been declared invalid on the ground that though no person within the power had been absolutely excluded, the share appointed had been merely illusory. Lord St. Leonard's Act made the appointment legal if the share apportioned was only one shilling. The present Bill would render unnecessary any longer to "cut off a man with a shilling." The provision of Lord St. Leonard's Act was itself illusory; and as this legislation was a step in advance he should not oppose the second reading.
  Motion agreed to; Bill read 2a accordingly and committed to a Committee of the Whole House on Monday next.
  House adjourned at Six o'clock, 'till To-morrow, half past Ten o'clock.