hoped the alterations suggested would be made in Committee, and that even further progress would be speedily made in removing such other technicalities in our Law as are still left.

SIR DENHAM NORREYS said, the only question seemed to be one of complaint, that the Irish should have had so much better a Bill than the English. He believed the Gentlemen opposite were anxious to give them cheap law and good; but why were they still unwilling that the jurisdiction of the Assistant Barristers' Courts in Ireland should be assimilated to the County Courts in England, and their jurisdiction extended from 40l. to 50l.? He could not conceive why they should object to what seemed so obvious an improvement of the law of Ireland.

learned Gentleman the Attorney General that the more they considered those changes the better. This Bill had been indebted to many eminent law reformers for several of its improvements, and he thought it would be rendered still more valuable at the present period when so much landed property in Ireland was changing hands. He should say, in conclusion, that they had also made considerable advances in the Court of Chancery in Ireland, where upwards of 1,500 summonses had been disposed of by summary proceeding for small amounts by the present Lord Chancellor of Ireland.

MR. GEORGE said, he thought that the Common Law Procedure in this country and in Ireland ought to be completely assimilated, and he hoped that before the passing of the present Bill care would be taken to amend it in conformity with those improvements in the English system which it might be found desirable to adopt on the recommendation of the Commissioners, whose Report upon the subject would, it appeared, be published in a few days. There was nothing which could more effecMr.tually contribute to complete the union of the two countries than the perfect assimilation of their code of laws.

MR. PHILLIMORE said, he felt much gratified at the introduction of the Bill. He believed it was one of the most comprehensive measures of Law reform that had ever been introduced into that House; and he regretted sincerely that the English

MR. WHITESIDE said, he felt bound to make his acknowledgment of the very kind remarks made by various hon. Members on his Bill both in the House and out of the House. He also felt bound to say that he received the most important assistance in preparing that measure from several members of the English Bar. Willes had favoured him with many valuable suggestions, and his hon. and learned Friend the Attorney General had strongly approved of the principle of the Bill. He therefore felt that he did not deserve himself all the commendations which had been bestowed upon him respecting this measure. As to the principle alluded to by the hon. and learned Member for Kidder-lawyers had allowed the lawyers of the minster (Mr. Lowe), he (Mr. Whiteside) had no authority to warrant him in adopting it. He could not break down the distinctions between the Courts of Law and Equity. This Bill did not do that; but it removed a great number of obstructions; it facilitated the proceedings; it cheapened the proceedings; and it shortened the proceedings. His hon. and learned Friend the Member for Ennis (Mr. J. D. Fitzgerald) had taken several objections to the Bill; but as those objections turned principally on the difference which would prevail between the Common Law Procedure in this country and in Ireland, it was evident that they would hereafter be obviated, for it was the intention of the Law Officers of the Crown in England to adopt hereafter any good which they might find in the present measure. He rejoiced to hear that such improvements as those suggested by the hon. and learned Member for Southampton (Sir A. Cockburn) were to be made; and he agreed with the hon. and

sister country to get so completely the start of them by the proposal of so important and useful a Bill. It certainly was necessary that pleadings should be verified, but he entertained a strong objection to the multiplication of oaths, and trusted that some form of declaration would be adopted. He also thought that the form of issue should be submitted to some authorised officer, in order that it might be properly stated.

MR. NAPIER said, he wished to make an observation in reply to the suggestion which had been offered by the hon. Baronet the Member for Mallow (Sir D. Norreys). The hon. Baronet said he wished that the jurisdiction of the Assistant Barristers' Courts in Ireland should be extended in the same way in which the jurisdiction of the County Courts had of late years been extended in this country. Now he would remind the hon. Baronet that the present measure would afford the means of obtaining cheap and speedy jus

769

the Bill was intended more particularly to
meet the special case of Jamaica, which
colony, by the unfortunate financial cir-
cumstances into which it had fallen, had
been unable to keep faith with these Coolies.
It was considered that a Bill of this nature
would be the most convenient method of
supplying the deficiency, and he hoped
that it would be allowed to pass through
the House without unnecessary delay.
Bill read 2°.

The National System of {Nov. 30, 1852} Education (Ireland), &c. 770 tice, and would have the further advantage | SIR JOHN PAKINGTON said, that of rendering that justice attainable in the Superior Courts. The Bill would abolish those technical forms of action which had hitherto formed such great obstructions to the ready enforcement of the just rights of suitors, and it would, in fact, throw open the higher tribunals in Ireland to the great mass of those engaged in the prosecution of legal claims. He hoped that no feeling of jealousy would prevail, because the Irish Courts had, in the first instance, been made subject to those improvements, and he felt persuaded that every Gentleman in that House would use his best endeavours to give to the measure the utmost completeness and efficiency.

The House adjourned at half after Nine o'clock.

HOUSE OF LORDS,

Tuesday, November 30, 1852.

MINUTES.]

Took the Oaths.-Several Lords. PUBLIC BILLS.-2a Oaths in Chancery, &c.

MR. BUTT said, he perceived that in the Bill, as it had been printed, the Acts which the measure was to repeal were alleged to be enumerated in a Schedule; but that Schedule had somehow or other been omitted. He wished to know whether that omission would be supplied be- THE NATIONAL SYSTEM OF EDUCATION fore the House was asked to go into Committee on the Bill?

MR. WHITESIDE replied in the affirmative.

(IRELAND)—PETITION.

The EARL of CLARENDON said, he had a petition to present from certain nonsubscribing Presbyterian Ministers in Ire

Bill read 2o, and committed for Monday land-in the north as well as in the south,

next.

and in the urban as well as the agricultural districts, praying that the fundamental principle of the National System of Education in Ireland may be maintained inviolate.

any

They stated that, in their opinion, the confidence of their body in the Board, alteration of that system would destroy the schools, and add fuel to the bitterness of would impair the usefulness and vigour of parties in the country. His noble Friend (the Earl of Derby) was, perhaps, aware that in consequence of a speech which his noble Friend made last year, and also of a speech at his election for the University of Dublin, made by the Attorney General for Ireland some apprehension had arisen that a change in that system of education was meditated by Her Majesty's Government. He (the Earl of Clarendon) confessed he did not

WEST INDIA COLONIES, &c., LOANS ACT share in that apprehension; and in answer

AMENDMENT BILL.

Order for Second Reading read. MR. F. PEEL said, he much doubted the propriety of anticipating the future resources of a colony like Jamaica. The aim of the Bill was quite obvious, and it applied to the removal of the Coolies as injurious, not beneficial, to the island.

VOL. CXXIII. [THIRD SERIES.]

to numerous inquiries made to him on the subject, he had not hesitated to state his conviction that no danger was likely to accrue to the system with with which the noble Earl's name was so honourably connected, and of which he was the author; and, he believed, that if the noble Earl should think it his duty to institute an in

2 C

would not better suit his views and those of other noble Lords acting with him; and' whether it would not be more conducive to the good feeling of this House that such a Resolution should be adopted, rather than that an Amendment should be moved of a character which would lead to a long and acrimonious discussion.

The MARQUESS of CLANRICARDE said, he was sure the noble Earl would not expect him at once to adopt the suggestion he had made, and which rather took him by surprise. He did not think that any opposition, or rather he should say hesitation, would have been shown by the noble Earl to adopt the words which

I think can hardly be before Monday and the feelings which have been excited week. It will be convenient for me to on this subject, it would not be better to enter into a discussion on Monday next; conciliate rather than to aggravate those and if the noble Marquess thinks it feelings by the consideration of questions is necessary to raise a discussion, I can-bearing on the past; whether such a course not at all object to his bringing his Resolution forward on Monday next. But at the same time I must say I am quite ready, if the House thinks fit, to adopt such a Resolution as shall faithfully express the opinion of this House and the country with regard to the course of future policy; and I am not prepared to call on those noble Lords who, adhering to the present policy and determined fairly and candidly to carry it out, entertain still the opinion which they previously entertained with regard to the policy of the original measure-I am not prepared, I say, to call upon them to sanction a Resolution which shall express opinions with regard to the past not in accordance with their own he (the Marquess of Clanricarde) certainly views. But if the noble Marquess is satis- thought were frankly, fairly, and volunfied with a Resolution-I am not now tarily adopted by the noble Earl's colspeaking of any particular form of words leagues in another place. He saw great which fairly adopts the recently estab- inconvenience in a Resolution being adoptlished policy for the future, I am quite ed by this House different from that of prepared to concur with him as to the form the other House. He would not, however, of words which should be introduced; and enter on the subject now, nor would he that they shall be as binding as the most express any decided opinion on the subcordial advocate of free trade can desire.ject; but this he would say, with reference I am quite prepared to concur with the noble Marquess and other noble Lords on the other side of the House in passing a Resolution which should be in terms something like these: "That this House thankfully acknowledges the general prosperity of the country; and, recognising the evils of frequent changes in the financial system of the country, is prepared to accept and adhere to the commercial system recently established, with a view to its being fully maintained and carried into effect." I do not desire at this moment to bind myself or noble Lords to any particular words; but such a Resolution, I think, would entirely satisfy those who only desire to have a security for the future; and I confess I think it would be more satisfactory to your Lordships' House, and to the country generally, that such a Resolution should be come to by your Lordships, rather than have discussions, wranglings, and altercations with reference to particular terms or words, which I am bound to say I do not think reflect any very great credit on the proceedings of the Legislature. I submit to the consideration of the noble Marquess, whether, looking to the future policy of the country,

to something that fell from the noble Earl, that it should not be the fault of him (the Marquess of Clanricarde) if any wranglings, unpleasant altercations, or discussions arose in that House in discussing that question. He wished to bring forward the question wholly and solely on large principles, and in such a manner as he thought was due to this House and to so important a matter.

The EARL of DERBY: With regard to a Resolution in the other House of Parliament, the House will be aware that the Resolution which was adopted and sanctioned by a very large majority, was not a Resolution proposed by either side of the House, but one which was accepted as a compromise between extreme opinions, and which it was hoped would lead to a satisfactory adjustment. But as But as the noble Marquess wishes to take into consideration the suggestion I have thrown out, perhaps he will abstain from placing any notice on the books at present; and perhaps on Thursday he will say what course he intends to pursue. If he thinks it fit to persevere with his Motion, it will then be my duty to offer an Amendment; and he will then perhaps not have any objection

LORD WODEHOUSE asked the noble Earl the Under Secretary for the Colonies, whether there would be any objection to lay on the table of the House certain correspondence relating to the Clergy Re-ever, observe that for two days, during the election, the city of Cork was in the possession of a lawless mob.

The EARL of DESART said, the cor

respondence was not yet ripe for discus-
sion: but he confessed he had not clearly
heard what the noble Lord asked, owing
to the conversation going on in the House
on the termination of the previous ques-
tion. The correspondence that had taken
place on the subject was very scanty, but
such as it was, there was no objection to
its production.
He could assure the noble
Lord that Her Majesty's Government were
deeply impressed with the importance of
this subject. It was now fully under the
consideration of his right hon. Friend at
the head of the Colonial Office, and he
trusted that ere long some final settlement
would be arrived at, which would be con-
sonant with the just rights of all parties