Lords Sitting of 10 August 1875

MINUTES.
PUBLIC BILLS—Second Reading—Legal Practitioners (238); Consolidated Fund (Appropriation)*; Local Authorities Loans* (276); Sheriff Substitute (Scotland)* (281); Remission of Penalties* (275).
Committee—Report—National School Teachers (Ireland) (258); Unseaworthy Ships* (265); Public Works (Loans)* (266); National School Teachers Residences (Ireland)* (274).

PARLIAMENT—STANDING ORDERS.
LORD REDESDALEmoved—
"That the Standing Orders relating to Private Bills be vacated for the purpose of rearranging and amending the same, and that the said Orders so re-arranged and amended be adopted."
The noble Lord said, that the object of the amended Standing Orders was to establish greater harmony between the proceedings of the two Houses of Parliament in respect of Private Bills, and also to effect certain improvements in respect of those proceedings.
On Question, agreed to.
Ordered that the said Orders be printed. (No. 285.)

LEGAL PRACTITIONERS BILL.
(Viscount Hutchinson.)
LEGAL PRACTITIONERS BILL.

  (N0. 238.) SECOND READING.
  Order of the Day for the Second Reading, read.
  THE EARL OF DONOUGHMORE, in moving that the Bill be now read the second time, explained that its object was to facilitate solicitors and attorneys in the recovery of their costs. The Bill consisted of only three clauses. The second of these made it lawful for any Judge of the Superior Courts of Law and Equity to authorize an attorney or solicitor to commence an action or suit for the recovery of his fees, charges, and also disbursements against the party chargeable therewith, or to refer his bill of fees, charges, and disbursements, and the demand of such attorney and solicitor thereupon, to be taxed and settled by the proper officer of the court in which such reference should be made, although one month should not have expired from the delivery of the bill of fees, charges, or disbursements, on proof to the satisfaction of said Judge that
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  there was probable cause for believing that the party chargeable therewith was about to quit England, or to become a bankrupt or a liquidating or compounding debtor, or to take any other steps or do any other act which, in the opinion of the Judge, would tend to defeat or delay such attorney or solicitor in obtaining payment. Clause 3 provided that the Bill should not extend to Scotland or Ireland.
  Moved, "That the Bill be now read 2a. "—(The Earl of Donoughmore.)
  THE LORD CHANCELLORwas extremely glad to welcome his noble Friend in the ranks of the Law Reformers. The Bill with which he had commenced was not a large one; but it was, nevertheless, likely to be useful so far as it went, as no doubt the present law sometimes operated with injustice. He (the Lord Chancellor) had, therefore, great pleasure in giving his support to the Bill.
  Motion agreed to; Bill read 2a, and committed to a Committee of the Whole House To-morrow.

UNSEAWORTHY SHIPS BILL—(No. 265.)
(The Lord President.)
UNSEAWORTHY SHIPS BILL—(No. 265.)

  COMMITTEE. REPORT.
  House in Committee (according to Order).
  LORD DUNSANYcalled attention to the 4th sub-section of Clause 4, which required "the owner" of every British ship to register from time to time the name of the "managing owner" of such ship, or if there were no managing owner, then of the person to whom the management of the ship was intrusted by and on behalf of the owner. The noble Lord said, that this provision might work with great hardship in the case of poor persons who were part owners of ships. The penalty for non-compliance with the provision was £500 for each time that the ship left any port in the United Kingdom after the 1st of November, 1875, without such registration, A ship trading between London and Newcastle might leave a port each week, and the fines inflicted on the owners for non-compliance with the clause might amount in one year to £26,000.
  THE DUKE OF RICHMONDsaid, it was very important that there should be no ship sent to sea without the owners

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  being responsible, and if they omitted to register the managing owner it would not be a light offence.
  THE LORD CHANCELLORsaid, that this Bill when it became law was to be construed as one with the Merchant Shipping Act of 1854 and the Acts amending that statute, and it would put owners in no worse position as regarded the liability referred to by the noble Lord than that in which they stood at present. Of course, it would throw upon them the duty of putting forward some one as the person who was to be registered as the managing owner, or the person intrusted with the management of the ship; but, once that registration was effected, it would stand good so long as the same person remained in the position of managing owner or manager of the ship. It was absolutely necessary to enforce registration by a penalty.
  Bill reported without Amendment; Amendment made; and Bill to be read 3a To-morrow.
  House adjourned at Six o'clock, till To-morrow, Two o'clock.