the judgment or order be for the payment of money, the amount remaining due, is entitled to obtain a judgment summons from the registrar of any court within the district of which the defendant resides or carries on business, or, by leave of the Judge, such leave appearing on the face of the summons, from the registrar of the court in which the judgment or order was obtained; and such summons shall specify the day and hour fixed for the hearing, and be served personally on the defendant five clear days before the day of hearing: Provided that on proof that the defendant is about to remove out of the district of the court, the registrar may allow it to be served at any time, and such service shall be deemed good, if, on the hearing, the Judge is satisfied that the defendant was about so to remove: Provided also, that before a judgment summons can issue out of a court other than the court in which the judgment or order was obtained, a certified copy of such judgment or order shall be filed with the affidavit in support of the application. The six following clauses treat of the pro cedure in such cases. THE TAKING of Goods. Sect. 162 provides thatGoods taken under a warrant of the court shall not be replevied. They shall not be appraised until the fifth day, nor sold until the sixth day, from the day of taking, unless they are of a perishable nature, or upon the written request of the owner; and until such sale they shall be deposited by the bailiff in some fit place, or remain in custody of a possession-man. Sect. 1 of the Act passed in the eighth year of the reign of Queen Anne, cap. 14, shall not apply to such goods; but the landlord of any tenement in which goods are so taken may, at any time before their removal, or during the five days next after such taking, deliver to the bailiff a demand for the rent in arrear, stating the time in respect of which it is due; and if such demand is made, the bailiff shall, in addition to the levy, distrain for such rent, and the costs of such distress, but he shall not, during the five days next after such distress, sell the goods unless they are of a perishable nature, or upon the written request of the owner, and he shall afterwards sell such of them under the execution and distress as will satisfy, first the costs of the sale, next the demand of the landlord, not exceeding the rent of four weeks where the tenement is let by the week, the rent of two terms of payment where the tenement is let for any other term less than a year, or the rent of one year in any case, and lastly the amount for which the warrant issued; and if any replevin in respect of such distress for rent is made of the goods, the bailiff shall notwithstanding sell such portion as will satisfy the costs of the sale under the execution, and the amount for which the warrant issued; and in either event the overplus of the sale, if any, and the residue of the goods, shall be returned to the owner; and the poundage payable to the high bailiff and broker for keeping possession, appraisement, and sale under such distress shall be the same as would be paid if the distress were an execution of the court, and no other fees shall be demanded or taken. If any demand is made in respect of any goods taken in execution under the process of the court by any person, the registrar may, on application of the high bailiff if there is one, and if not, of his own will, as well before as after any action brought against such high bailiff or registrar, enter a plaint, treating the claimant as the plaintiff therein, and issue summonses, calling before the court such claimant, and the party at whose instance such process issued; and the Judge shall decide between the parties in respect of such demand, and in respect of any further demand for damages resulting from such execution, and the costs; and also between either party, and the high bailiff or registrar, as the case may be, in respect of any demand for damages resulting from such execution, and the costs; and upon the issue of the summonses any action which has been brought in respect of any of such demands shall be stayed, and no fresh action shall be brought: (s. 163.) Judgment-summonses and warrants of execution and warrants of possession are respectively to be regarded as concurrent or alternative remedies; and every person who is entitled under this Act to enforce a judgment or order may have recourse, either simultaneously or consecutively, to such of the above remedies as may be applicable to his case: (s. 168.) Mr. DAVIES, of Haverfordwest, writes to Mr. MERRIMAN: The sending of orders, notices, &c., is regu- that we should carry the thinking portion of the lated by sect. 176, which provides that every Profession with us, when we urged conciliation order, notice, or document by this Act or the and concession, and not hostility to the Bar. rules required to be sent to any place, or to be And Mr. MERRIMAN'S correspondents wisely served on any person, from the court, may, refrain from pressing the claims of solicitors too unless a special mode of sending or of service is far. Mr. Daw, of Exeter, is quite right in obordered by a Judge, or is prescribed, be trans-jecting to destroy one monopoly simply to create mitted through the post in an official packet another by preventing barristers from holding addressed to such place, or to such person at Government solicitorships. We will now give his last known residence or place of business; the expressions of opinion which have already and every notice or document by this Act or the been elicited. rules required to be sent to any place, or to be served on any person, from any party to a cause in the court, may, unless a special mode of sending or of service is ordered by a Judge, or is prescribed, be transmitted through the post in a prepaid letter addressed to such place, or to such person at his last known residence or place of business; and every such order, notice, and document shall respectively be deemed to have been sent, served, and received, at the time when such packet or letter ought to have been delivered in due course of post; and in proving such sending, service, or receipt, it shall suffice to prove that the packet containing such order, notice or document, or the letter containing such notice or document, was properly addressed and posted, and, in the case of the letter, was duly prepaid. and examine any packet purporting to be so The Postmaster-General may detain, open, stamped or signed, in order to discover whether the conditions herein contained have been strictly complied with. Sect. 186 provides for the framing of rules, &c. It says: The Lord Chancellor, using such assistance as he thinks fit, shall cause to be framed rules for regulating the practice of the courts, and forms of proceedure, a scale of costs payable to counsel and attorneys, with respect to such proceedings in the court as are not governed by sect. 124, and a scale of allowances to witnesses; and such rules, forms, and scales, certified under the hand of the Lord Chancellor shall, on the day fixed for the commencement of this Act, be in force in the court, and be judicially noticed: and the Lord Chancellor may, from time to time, appoint five Judges to amend such rules, forms, and scales, and such amended rules, forms, and scales, certified under the hands of at least three of such Judges, shall be submitted to the Lord Chancellor, who may allow or disallow or alter the same respectively; and the rules, forms, and scales so from time to time allowed or altered shall, from a day to be named by the Lord Chancellor, be in force in the court, and be judicially noticed and in any case not expressly provided for herein, or by the rules and forms, the general principles of the practice and procedure adopted in the High Court of Justice may, at the discretion of the Judge, be applied. The last section prohibits business being transacted on certain days, which include Good Friday. No court or registrar's office shall be open, and no process or notice of or from the court shall be served, executed, or sent, on Sunday, Christmas-day, or Good Friday, or on the Saturday next after Good Friday, or next after Christmas-day, when that day falls on a Friday, or on any day appointed by royal proclamation for a public fast or thanksgiving, or on which the offices of the courts are closed by order of the Lord Chancellor; but such days shall be counted in the computation of time in relation to any proceeding in the court, unless something is prescribed to be done within a period not exceeding seventy-two hours. THE DISABILITIES OF SOLICITORS AND ATTORNEYS. SEVERAL letters addressed by societies and individuals to Mr. MERRIMAN, the framer of a Bill to make solicitors and attorneys eligible for minor judicial offices, have been placed in our hands. The general opinion, so far as it has been expressed, appears to be that to make membership of the Incorporated Law Society a necessary qualification would operate unfairly, and in this we concur. That society does not represent even the majority of the Profession, and Mr. MERRIMAN will certainly damage his cause if he determines to retain it in its present prominent position in his Bill. The tone of the letters which we shall presently quote is, we are pleased to say, exactly in accordance with the spirit of the article which we published last week. We were perfectly certain I thank you very much for the copy resolution and Bill which you kindly sent me. It is a step in the right direction, and hope you will succeed. If you do we shall be all deeply indebted to you. I wish your Bill went a little farther, and removed the present disqualification of solicitors to act as justices of the peace for the counties; this is a gross slur on them, many solicitors are at present in the commission, but cannot qualify, and many more would be put in were it not for the disability. We know from experience that no men are calculated to make such useful magistrates as solicitors of experience and position; qualification might be made to debar them from practising, either in petty or quarter sessions or before magistrates. In the present day, and with the weight of influence that solicitors possess now, such a measure could not fail to receive great support in the House. Could you by any possibility induce the Law Society to incorporate this in the Bill? The secretary of the Leicester Law Society feels sure the proposed Bill will meet with the approval of his society. "It is only fair and equitable," he says, "that such a change should be made. Unfortunately, the course of modern legislation runs in the contrary direction." The Preston Law Society "entirely concur in the spirit and object of the Bill," but at the same time say that, if the qualification of membership with the Incorporated Law Society is a sine qua non that the Bill is introduced, it will "meet with a strenuous and determined opposition." They add, "the greater proportion of the Profession practising in the country are not members of the Incorporated, and if the Bill were to pass in its present form three-fourths of the country solicitors would be excluded from the benefits it seeks and professes to confer. So great an injustice can never have been contemplated by you or the framers of this Bill. Mere membership in the Incorporated, which is only a question of £ s. d., does not increase the status of the Profession." The Sunderland Law Society approve of the Bill in the main. The Secretary writes: "There is one feature in the Bill, however, which does not seem to be in accordance with the resolutionI mean that membership of the Incorporated Law Society should be a condition without which no attorney should be qualified to fill a judicial office. It may be very desirable to support the Incorporated Law Society, but the fact of rendering such support cannot be a test of special ability and experience." " Mr. FOARD HARRIS, of Cambridge, is not at all sanguine. He says: "There can be no objection to this Bill whatever; though I much doubt if it will do much good, though it may a little." He, also, objects to membership of the Incorporated Law Society being a sine quâ non. The Secretary of the Manchester Law Association writes: "I have shown your letter and the draft Bill to the chairman and one or two other members of the committee, whose feeling appeared to be one of approval of the measure; but not of the required qualification of membership of the Incorporated Law Society, which they fear is likely to subject the Bill to a charge of invidiousness, and to lay its object open to suspicion." The Secretary of the Plymouth Law Society, considers the Bill a step in the right direction, and believes it will "meet with the heartiest approval of the society, many members of which have frequently commented upon the invidious exclusion, to the public loss, and of the Profession, from so many minor judicial, and public appointments.” Mr. JOHN DAW, of Exeter, writes as follows: Some fifty years since, the lower branch of the Profession was, as a rule, unfit for judicial offices, but modern education has qualified them for all minor judicial offices, and I think they should not be disqualified from any office. If they are equally or more fitted than barristers for offices they should have them, but this will only apply to offices of secondary importance. I disapprove the 3rd section disqualifying barristers from being eligible for the office of Solicitor to the Treasury, &c. In asking to have offices thrown open to solicitors, it seems rather contradictory to ask to have barristers excluded from other offices, and which they at present hold. I have some doubts whether the clause restricting the appointments to members of the Incorporated Law Society is correct. It is giving power to the Incorporated Law Society to prevent the Government appointing any particular member to an office, and it will afford an argument to opponents to the Bill, that the object is to make men join, and pay yearly contributions to the Incorporated Law Society. Mr. ALLEN, of the Worcester and Worcestershire Law Society thus expresses his opinion: I certainly think it an anomaly and injustice to solicitors that the departments of solicitors to the Government offices should invariably be in the hands of barristers, and as far as the proposed Bill provides that hereafter solicitors are to be included as eligible for such appointments I approve of the measure. As regards County Court judges I doubt the expediency of making solici tors eligible. It is often urged by members in Parliament that, seeing the increased importance of County Courts, it is highly necessary that the appointment of County Court judges should be given to barristers of greater ability and learning than those who now hold office. It would be advantageous to the public and the Profession if attorneys could act as magistrates, as well stipendiary as ordinary. In the latter case, he should be disqualified from acting as attorney in any criminal court of any kind. He would then be as free from partiality as the present borough magistrates, who are generally tradesmen carrying on business in the town. One of the best chairmen of County Quarter Sessions for Worcestershire was a retired attorney. Another contribution to the literature of this question appears in the Irish Law Times. Our contemporary hopes that the measure may be extended to Ireland, but makes the blunder of wishing to exclude barristers from the office of solicitor to State departments. This is its argument:-"More than once," it says, "have we been scandalised by the sudden conversion of a barrister into the solicitor to some department of the public service. A proceeding more reprehensible could hardly be imagined, whether we regard it from the point of view of the public or of the Profession. A first-class solicitor is presumably infinitely better qualified to discharge the duties of these offices than the class of barristers who would be willing to accept them." Now this assumes that a "first-class solicitor" would take an office which the better class of barristers would decline. solicitors" are by no means so easy to be got; "First-class they value their services as highly as any men, and most justly so. The competition for these appointments will never lie between first-class men of either branch, but between second-rate solicitors and third-rate barristers, and we think it highly desirable that the competition should remain open. Why our contemporary should be scandalised by the appointment of a barrister to such an office it does not say, and we cannot imagine, considering the nature of the work supplied by Government offices. blunder of comparison is committed by our conThe same temporary with regard to County Court judgships. It asks "Would not a first-class solicitor in general make a much better County Court Judge, or chairman, than a third-rate barrister?" Most innocently, and unintentionally, no doubt, our contemporary is insulting the whole body of solicitors; for if we compare a first-class solicitor to a third-rate barrister, to what shall we compare a third-rate solicitor? more, we don't believe a first-class solicitor Furtherwould take a County Court Judgeship. doubt very much whether Mr. MERRIMAN would take one if it were offered him. Solicitors of the highest class do not, as a rule, practise in the County Courts, and, at present at any rate, it is certainly more desirable to have inferior barristers as Judges than inferior solicitors. We We have received the following letter from Mr. MERRIMAN, in which he resigns his leading position, and leaves his scheme in the hands of the Profession: you THE LAW TIMES. you to the Profession at large. The principal object, however, with which I address you myself is to say that I consider my own exclusive part in for the Profession generally to take such action in this work is now at an end, and that it remains the matter as may be thought necessary and expedient. In the exercise of what I considered and submitted the Bill to the Incorporated Law more a duty than a right, I drew up a resolution Society at its last meeting, and afterwards for warded a copy of this resolution and Bill to the several provincial societies. The result has, up to the present moment, far exceeded any anticipathis measure is, however, obviously too important tion of mine, and have no cause to regret my initial proceedings. The further prosecution of say unfeignedly that I have no desire to occupy a a task for any one man to undertake; and I may prominent position, or sustain a leading part, in what after all must be regarded as a necessary work. If a number of gentlemen will co-operate, I shall have no objection to join them, and render permit.-Yours obediently, such assistance as my other engagements will ESTATE AND JOSIAH J. MERRIMAN. INVESTMENT JOURNAL. STOCK AND SHARE MARKETS. The following are the fluctuations of the week: ENGLISH FUNDS. Fri. Sat. Mon, Tues Wed., Thur 3 3 Bank of England Stock 232 Cent. Red. Ann..... Cent. Cons. Ann .. 234 234 897 89 891 891 88 89 234 881 New 2Cent. Ann.... Do. do. Jan. 1894. New 3 Cent. Ann. 89 89 89, New 3 Cent. Jan. 1873 5 Ann. C. Jan. 1891 30 years exp. Do. exp. July 1880 April 5, 1885 Do. exp. Jan. 5, 1880 Red Sea Tele. Ann. 1908 India 5 Cent. for Acc. Consols, for Acc... India Stock, July 1880. cent. Ex. Bills, 1000l.. Do. 5001. Do. 1001, and 2001. 3 c. Metropolitan Board of Works 3 c. Stock. Corporation of London 44 per c. Bonds 1881.. 10s.a 8s.a 20s.a 6s.a 6s.ab C a Premium. b 6s. to 28. prem. 90 80 d 18. prem. PUBLIC COMPANIES. RAILWAY COMPANIES. dends at the rate of 5 and 6 per cent. per annum on Great Northern and Western of Ireland.-Divithe preference stocks, at the rate of 41. 3s. 7d. per Midland Company, and at the rate of 4. 1s. 8d. cent. per annum on the ordinary stock held by the per cent. per annum on the company's ordinary stock. payable on the 1st Aug. Illinois Central.-A dividend of 5 per cent. is dividend at the rate of 7 per cent. per annum. Lancashire and Yorkshire. - The half-year's required to send particulars of their claims to the Saltash and Callington Railway.-Creditors are official liquidator, Mr. Nichols, by the 15th Sept. BANKS. rate of 10 per cent. per annum. Bank of Egypt.-A half-year's dividend at the per cent, per annum. Central of London.-A dividend at the rate of 5 A dividend at the rate of 7 per cent. per annum. English, Scottish, and Australian Chartered.together at the rate of 17 per cent. per annum. London and County.-A dividend and bonus, dividend of 15s. per share, and a bonus of 5s. Manchester and Liverpool District.-The usual declared for the past half-year. per annum. (Limited.) The liquidation has progressed. A further return of 1s. per share to the shareholders Scinde, Punjaub, and Delhi Bank Corporation is announced. Sir,-Herewith I forward you for perusal (and, if deem it expedient, to insert in your columns, either in whole or part) copies of certain letters received by me from representative members of our Profession in the country. I may add that I have many other communications from solicitors on the matter; but I do not think it necessary to trouble you with any of them, as the same questions are raised as in the letters now submitted through | 5s. 3d, per share. FINANCE, CREDIT, AND DISCOUNT COMPANIES. English and Foreign Credit.-A dividend of [AUG. 6, 1870. rate of 5 per cent. per annum. MISCELLANEOUS COMPANIES. nedy official liquidator. Master of the Rolls has appointed Mr. T. KenAlbert and Arthur Average Association,-The cent. per annum. Alhambra.-A dividend at the rate of 25 per per share. Australian Agricultural.—A dividend of 7s. 6d. that all claims should be sent in to him by the been appointed official liquidator, and he requires Caterham Gas (Limited).-Mr. W. H. Davis has 22nd Sept. are required to send particulars of claims to the liquidator, Mr. J. Waddell, by the 1st Sept. Danubian Gas and Coke (Limited.)-Creditors Leeswood Main Coal, Cannel, and Oil (Limited.) -Creditors are required to send in particulars of claims to the official liquidator at Chester by the 1st Sept. London and Colonial Company.-The liquidators have announced that a further dividend of 2s. in the pound will be paid at the offices of Messrs. Theodore Jones, and Co., on Monday the 1st Aug. Merchant Shipping.-A dividend at the rate of 1 per cent. was declared, making, with the interim dividend of 2 per cent. already paid, a total dividend of 4 per cent. MINING COMPANIES. Australian.-Dividend of 1s. per share. Tankerville.-A dividend of 5s. per share. LEGISLATION AND JURIS- HOUSE OF LORDS. CLERICAL DISABILITIES BILL. On this Bill being reported as amended in committee, Lord DENMAN proposed that a person renouncing the clerical status should be incapable of the designation "reverend."-The amendment, which was objected to by Earl BEAUCHAMP and the Earl of KIMBERLEY, on the ground that it would inflict a hardship on conscientious men who left the Church to join other denominations, was negatived, and the report wrs then received. MAGISTRATES, &C., ELECTION (SCOTLAND) BILL This Bill was read a third time, and passed. FACTORIES AND WORKSHOPS BILL. The Earl of MORLEY said that the object of this Bill was to put print works and bleaching and dying works under the Acts regulating factories, as regarded the education and overtime work of women and children.--The Bill was read a second time. THE EXTRADITION BILL, The LORD CHANCELLOR moved the second reading of this Bill, the object of which was to enable effect to be given to conventions with foreign countries relating to the surrender of criminals, other than political offenders, by order in Council, without the necessity of an Act of Parliament Under the terms of the Blll the conventions would being passed authorising them to be put in force. time before they could be enforced.The Bill have to be laid before Parliament for a certain was read a second time. THE TURNPIKE ACTS CONTINUANCE BILL. SANITARY ACT (1866) AMENDMENT BILL. THE NEW LAW COURTS. the House to the building of the new law courts, Mr. G. GREGORY rose to call the attention of further delay." He should not trouble the House and to move, That in the opinion of this House such building should be proceeded with without the First Commissioner was substantially of the at any length with this subject, for he hoped that Government, to say that they would place on the votes an estimate for proceeding with the works. motion, and was prepared, on behalf of the same opinion as himself, that he would accept the If that were so it would be unnecessary for him to proceed with the motion.--Mr. Alderman LAWnished with a block plan of the site of the law RENCE regretted that the House had not been furcourts, in order that it might be seen whether the approaches were adequate, and convenient to the public.Mr. AYRTON said the hon. member for Sussex rightly assumed that he was as anxious as he could be to see the building of the new courts of law proceeded with at the earliest possible period. It was the intention of the Government to lay on the table this evening an estimate for taking the preliminary steps and what could be done between this and the meeting of Parliament next year. He thought, therefore, the House would be of opinion that it was not expedient to anticipate the discussion that would arise when that estimate considered in committee. (Hear, hear.) With regard to what had been said by his hon. friend the member for the city of London, he could only give effect to the Acts which had been passed for the erection of the law courts. was FRENCH OR PRUSSIAN MERCHANT SHIPS. Admiral ERSKINE asked the Attorney-General whether a French or Prussian merchant ship, now in a British port, if purchased bonâ fide by a British subject, and duly registered, would be exempt from liability to capture, as being indisputably British property. The ATTORNEYGENERAL: I must remind the gallant Admiral that I am not entitled to give an authoritative opinion on this question. I may also remark that these queries are points of international law which it is obvious cannot decide the questions involved, and may lead to embarrassing discussions with foreign Powers. (Hear, hear.) According to my understanding of the decisions of the British courts, such a vessel would be held exempt from capture, and I believe that is also the American doctrine. But I am bound also to state that the French have maintained a different doctrine. The French have maintained that if the subject of a belligerent State possesses a vessel liable to capture he cannot get rid of it by sale; and if a Prussian ship is captured the tribunal to decide the question would be French. Transactions of this kind are always looked on with a certain amount of suspicion by prize courts, which are very careful to inquire whether the transactions are altogether bona fide or only colourable, and if they come to the conclusion that the transactions are colourable, notwithstanding the apparent sale, the original owner retaining some interest, or having made some bargain to have the vessel restored after the cessation of hostilities, if the sale was not out and out, it is liable to capture. EXPORT OF COALS. Mr. GOURLEY asked whether the export of English coal in British or other neutral vessels by British subjects to either France or Prussia would be a violation of Her Majestry's Proclamation against the export of articles contraband of war; and to what prize courts exporters of steam coal and owners of ships carrying the same would be amenable when trading to non-blockaded ports. -The ATTORNEY-GENERAL said that Her Majesty's Government had not undertaken to prohibit the export of coal under certain circumstances. No doubt, coals had been made contraband of war, but the present Government had found it impossible, as preceding Governments likewise had, to define the circumstances under which coals might or might not be held to be contraband. That was a question to be determined according to international law by the tribunals, when vessels carrying coals were captured. With regard to the latter part of the question, he must say that in case of capture the tribunals would be the same, whether the ships were trading to a blockaded or non-blockaded port. Mr. A. VIVIAN asked whether the Government were, under Her Majesty's Proclamation, prepared to seize vessels carrying coals, if coals were declared contraband of war.- The ATTORNEY-GENERAL said that the Government were not prepared to seize such vessels in English ports, unless they were store vessels in the service of the belli. gerents. Mr. VIVIAN inquired what view was taken of the subject by the belligerent Powers. -The ATTORNEY-GENERAL did not know whether the House would think that was a question he could answer. (No, no!) Any communications which might pass between Her Majesty's Government and foreign Governments on the matter will be laid on the table. SUPPLY CIVIL SERVICE ESTIMATES. The House then went into Committee of Supply on the Civil Service Estimates, and it was agreed to grant to Her Majesty the sums necessary to complete the following votes :-305,000l. for the county and borough police of Great Britain; 475,6271. for Government prisons, England, and transportation and convict establishments in the colonies; 303,8801. for county prisons and refor matories, Great Britain; 38,9431. for the Broadmoor Criminal Lunatic Asylum; 18,720l. for miscellaneous legal charges; 72,5331. for criminal proceedings in Scotland; 56,6301. for courts of law and justice, Scotland; 27,5011. for Register House Department, Scotland; 25,0751. for prisons, to all intents and purposes become store ships attached to the fleet-(hear, hear)-and would be liable to the English law under the Foreign Enlistment Act. Immediate inquiries would be instituted by Government into the existence of any such case-(cheers.) EPPING FOREST. Mr. HOLMS asked the First Lord of the Treasury whether, no legislation having been made on the subject of Epping Forest, in compliance with the address to Her Majesty presented at the beginning of the session, praying that Epping Forest might be preserved as an open space for the enjoyment and recreation of the public, he would state what steps the Government were prepared to take to meet that address until legislation could be had. The CHANCELLOR of the EXCHEQUER.-I hope the hon. member will allow me to answer the question instead of my right hon. friend. An arrangement was come to with regard to Epping Forest between the Government, as representing the public, the lords of the manor, and the commoners; and as that arrangement has been much misrepresented I will take the liberty briefly of stating what its nature was. acres, of which the lords of the manor were will There remain unenclosed of Epping Forest 3000 ing to give 1000 acres for the use of the public. On the other hand, these 3000 acres were to be the power of selling 400 out of these 1000 acres, vested in three commissioners, who were to have for the rights which they had over the forest. The for the purpose of compensating the commoners remaining 600 acres, with any portion of the 400 acres over which the Metropolitan Board of Works might see fit to exercise the power of purchase apart for the use of the public, the Government reserved to them, were to be reserved and set undertaking on its part to surrender the forestal rights of the Crown, and to bear the expenses of the Bill giving effect to the arrangement. That arrangement was embodied in a Bill, but the Standing Order Committee were of opinion that it came too late to be proceeded with this session. ment, securing advantages for the public which That appears to us a fair and reasonable arrangethe Government have no power of asserting in any other way. The assertion of forestal rights-a most admittedly difficult matter-clearly would not do it. It is, therefore, the intention of the Government to re-introduce the Bill next session. Scotland; 77,9031. for law charges and criminal prosecutions, Ireland: 45,2941. for the Court of Chancery, Ireland; 28,9771. for the Common Law Courts, Ireland; 85401. for the Court of Bankruptcy and Insolvency, Ireland; 12,9971. for the Landed Estates Court, Ireland; 11,4211. for the Probate Court (Ireland); 20901. for the Admiralty Court Registry (Ireland); 30661. for the Registry of Judgments (Ireland). On the vote to complete the sum of 99,4001. for the Dublin Metropolitan Police, -Mr. Alderman LUSK thought it desirable that the inhabitants of Dublin should contribute something as was the case in England in aid of the police expenditure, and he therefore proposed that the vote be reduced by 25,000l. Mr. STANSFELD called the hon. member's attention to a foot-note in the estimates which showed that the city of Dublin contributed not merely 25,000l. for the police, but 41,000l. After a short conversation the motion was withdrawn and the vote agreed to. The next vote was 913,0071. for the constabulary of Ireland.Colonel FRENCH observed that if the English magistrate were superseded to the same extent as Irish country gentlemen by stipendiary magistrates, he believed they would retire in disgust from the unpaid duties which they now discharged with so much advantage to the country. -Mr. Alderman LUSK thought the Irish constabulary force would be rendered more popular in Ireland if the people were allowed to take a greater interest in it, and to bear its fair share of its cost. (A laugh.)- Mr. RYLANDS suggested that the Irish police should be made to contribute, like the English, towards a superannuation fund from their own pay. The details of their pensions ought also to be given in the estimate.- - Mr. MAGUIRE said the notion of making a force which was supposed to be unpopular in Ireland popular by the imposition of a financial blister on the people, was worthy of the ingenuity of a Scotchman. (Laughter.) The House might, if it thought proper, adopt the suggestion as to superannuation money, but it must first increase the pay of the force; so that, practically, nothing would be gained. The Irish constabularly were meritorious body of men; he had seen them on a most occasions of great excitement, he knew their wonderful good temper and forbearance, and the great services which they were enabled to render to the Queen and to the country. He warned the House against touching one penny of their pay or their pensions.Mr. STANSFELD agreed that to make the constabulary contribute to their own superannuation would be a delusion, for their pay Mr. ACLAND asked the President of the Poor must first be increased. (Hear, hear.) He would Law Board whether he would be enabled to lay upon the table of the House before the close of take time to consider whether it was worth while to print in the estimates the details asked for the session the information which he proposed to The vote was about their pensions.. then obtain from foreign Governments concerning the burdens on real property in their particular agreed to, as were likewise the following votes :-48,9601. for Government prisons and reforma- countries, and the aggregate of local as compared Mr. GOSCHEN said he tories; 43,2111. for county prisons; 56101. for with Imperial taxation.maintenance of criminal lunatics in Dundrum should be prepared to lay the information asked Lunatic Asylum; 25301. for Four Courts Marshal. for upon the table before the close of the session. sea Prison; 88201. for miscellaneous legal charges. Papers had been received from different foreign countries with reference to their local taxation, and the results would be embodied in tables for the information of the House. Of these, the first would show the local expenditure incurred in this country and the different foreign countries from which returns had been received; the second would exhibit the progress of local taxation from the beginning of the century until now, as far as this was available; the third would show the taxation, local and Imperial, falling respectively upon lands, houses, and other kinds of property; the fourth would show the information received from France, Prussia, Austria, Hungary, Russia, Holland, and Belgium; and, lastly, the tables would show the comparative burdens upon all the countries in Europe from which information had been obtained. COUNTY FINANCIAL BOARDS. Sir W. GALLWEY asked the Secretary of State for the Home Department whether he intended early next session to introduce a Bill for the establishment of financial boards in counties, observing that although next session was already deeply mortgaged, the right hon. gentleman had omitted to mention a Bill upon this subject among the contemplated measures.- -Mr. BRUCE said it was the earnest desire of the Government to bring in a measure upon the subject. It must, however, be considered with other measures that were desirable, and it was impossible that all could be introduced in the course of the same session. Monday, Aug. 1. SUPPLY OF COAL TO THE BELLIGERENTS. Mr. STAPLETON asked the First Lord of the Treasury whether his attention had been called to the report that the French fleet in the Baltic was to be supplied with coal direct from this country; whether it would be consistent with neutrality to allow any vessels, either French, English, or others, to carry coal direct from this country to a belligerent fleet at sea; and whether English Vessels so engaged would be entitled to the protection of their country if the other belligerent should treat them as enemies, considering them part of the armament to which they were acting as tenders. Mr. GLADSTONE said that the House had been apprised on more than one occasion that there was nothing at present to prevent the exportation of coal. The question whether it was contraband of war would be one for the consideration of the court of the captors. But though the exportation of coal had not been generally prohibited, exporters had been warned that if it were supplied to either belligerent it would run the risk of capture. The law officers of the Crown had given their opinion, which would be adopted by the Government, that if colliers were chartered for the purpose of attending the fleet of a belligerent and supplying it with coal to enable it to pursue its hostile operations, such colliers would BURDENS ON REAL PROPERTY. TAXATION OF OWNERS. Mr. ACLAND asked the First Lord of the Treasury whether the Government would take into consideration the resolution of the Select Committee on local taxation, that "it is expedient to make owners as well as occupiers directly liable for a certain proportion of the rates," with a view to provide that in parishes in which School Boards should be established the charge for building and maintaining schools beyond the moneys provided out of Imperial funds by Parliament might not fall exclusively on resident occupiers not being owners.--Sir M. LOPES, before the question was answered, wished to know whether the attention of the right hon. gentleman had been directed to the last paragraph of the report of the committee, in which they stated that other questions besides those which they had investigated should be taken into account before any general measure was brought in to give effect to their recommendations. Mr. GLADSTONE said the government would, of course, take into consideration the resolutions of the select committee; but it was obviously impossible to state whether the order of succession would apply first to an education rate, or to any change which might be made in the law of rating. The select committee, as they themselves stated, had only considered one important branch of the question of local taxation, and the government hitherto had not enjoyed a sufficient opportunity of considering these resolutions and the evidence apon which they were based to give any definite pledge as to the order of their own proceedings. THE NEW LAW COURTS. object to the compressed plan, and said the com- FOREIGN ENLISTMENT BILL.-CONTRABAND OF WAR. on the Secretary of State, on his being satisfied that a vessel is being built or equipped for the service of a foreign belligerent, and is about to be despatched, to issue his warrant ordering her to be detained, which warrant is to be laid on the table of the House. It is further provided that the owner of a vessel may apply to the Court On the vote of 21,4501. to enable the Treasury to make the necessary advances for the purchase of of Admiralty for her release, which he may oba site for the new courts of justice, Mr. SCLATERtain if he satisfies the court that her destination BOOTH complained of the growing practice of was lawful, and not only may he obtain her release bringing forward revised and supplementary estibut damages for her retention. In order to premates having reference to subjects which might vent any hardship there is, moreover, a provision have been laid on the table with the other estithat the Admiralty shall release the vessel on a mates. In the present instance only two or three bond being given that she was not to be employed of the supplementary estimates had reference on any illegal adventure. There is another provireally to new matter. Their total amount was not sion in respect to which the Bill, I admit, goes large-some 150,000l.; but if they were added to beyond the recommendation of the commissioners. the ordinary estimates, as they should have been, It gives power to the local authorities named in it the total Civil Service expenditure would be little to seize a vessel if they have reason to suppose short of that of last year.- -Mr. STANSFELD said she is about to escape; but then they will have to that this was not the first or the second time that report immediately the seizure to the Secretary of the hon. gentleman had tried to show that the State, who will be empowered at once to release promise of economy made with respect to the Civil her should he be of opinion that there were not Service estimates had not been fulfilled, It was sufficient grounds for the seizure, and assuming almost idle to expect a decrease in the Civil Serthe vessel to have been seized without reasonable vice estimates, and all that could well be done was cause, and released by the Secretary of State, the to check and moderate their growth. The increase owner will be entitled to claim damages for the to which his hon. friend alluded was almost endetention. These are the provisions by which we tirely in the first class, and that being so, he was propose to attain the object which we have in sure the hon. gentleman would be the last man view, and to render extremely difficult, if not not to acknowledge that economy in those estialmost impracticable, the escape of any mates was being practised. The expenditure on such vessel as the Alexandra or the Alaworks and buildings was, as he was aware, very bama in future. There is besides a provision great.Colonel SYKES alluded to the charge against augmenting the force of a belligerent year after year for new furniture, expressing it to vessel in our ports, and one to the effect that a be his opinion that as mahogany was not vessel illegally built shall not be received in our evanescent the expenditure under that head reports. This is a provision which we have introquired explanation.- -After a few words from duced in conformity with the recommendation of Mr. RYLANDS and Mr. MACFIE, Mr. AYRTON took the commission, but I am bound to say it appears occasion to refer briefly to the history of the proto me somewhat questionable whether it is not ceedings connected with the proposal for building desirable to leave the matter to be dealt with by the new Courts of Justice, observing that the Acts The ATTORNEY-GENERAL.-I have to move the regulations to be laid down by the Government. authorising their erection contemplated that the second reading of a Bill of great importance, the rather than deal with it in Acts of Parliament. whole undertaking should be completed for a sum of object of which is what the late debate has shown The Bill, I may add, contains a prohibition against 1,500,000l. The Board of Treasury had to con- to be the general wish of both sides of the House fitting out naval and military expeditions, and sider this matter in order to reduce the cost within-namely, the preservation of the neutrality of another, which is new to our law, but which is reasonable limits. Last year it was shown to be this country. After dealing with the history of acted upon by all the American courts, to the unnecessary to spend such an enormous sum as the question, he proceeded: I shall now proceed effect that prizes captured by a vessel illegally 3,250,000l., and this year, at the request of the to state very shortly the main provisions of the fitted out, if brought into our ports, shall be Chancellor of the Exchequer, he had communi- Bill. With respect to enlistment, the provisions restored to the owners. These are the principal cated with all the parties concerned in order to of the Bill are very much the same as those of the provisions of the Bill; but in consequence of some see whether the scheme could not be executed existing Act, but they are, I think, expressed in misapprehension which seems to prevail, I wish, if within the limits of the sum originally sanctioned clearer language-a not very difficult task to the House will permit me, to say a few words with by Parliament. The sum voted for land had then accomplish, for the present Foreign Enlistment respect to certain provisions which some persons been exceeded, but nothing had been done in re- Act is not a good specimen of draughting. think ought to be contained in the Bill, but which ference to the building. All attempts to improve Generally speaking, the provisions with respect are not. I allude to provisions to prevent the exthe site failed, because he was not possessed of to enlistment apply to all British subjects in all portation of contraband of war. The Governcompulsory powers, but the efforts made to im- parts of the world, and to aliens only within the ment of this country does not undertake, and prove the building were successful, and ultimately Queen's dominions. There are provisions against has not undertaken in former wars, to prohibit a radical change was effected in the plan, by enlisting persons under false representations, as the exportation of contraband of war. The exportawhich Mr. Street was enabled to adjust the build- in the case of those who engaged Irish navvies to tion of contraband of war is not prohibited by ing to the ground. The Royal Commissioners had go to America, where they were enlisted in the the existing Enlistment Act, nor, strictly speakthen to be consulted; they had arranged what de- Federal service. There is a penalty for taking partments might be accommodated within the persons illegally on board ship and a power to block of buildings, and the architect felt satisfied detain the ship, accompanied, however, by a power that he would be able to mature his design so to release her on security being given. I now that provision should be made for bringing come to deal with the question of the equipment together all the offices which were immediately and fitting out of vessels, with respect to which concerned in the administration of justice in the there has been so much litigation. To this section Superior Courts. He had no reason to doubt that of the Act a very important addition has been sugwithin a few days the Government would obtain gested by the commissioners to the effect that it that acquiescence by the Royal Commissioners should apply not merely to the arming and equipwhich was required by law, and then they ping, but to the building of a ship. That recommenwould be in a position to proceed with the dation was made be all the commissioners, with the building. The object of the present vote exception of my hon. and learned friend, the member was to provide the sum required to clear the for Oxford, for whose authority I have the greatest ground and lay the foundation, while as to the respect, although I think that he in the present in building money, an account would not be required stance was wrong and that the majority of the combefore the commencement of the next financial missioners were right. If such a provision were year. He therefore hoped that the building would contained in the existing Act the Alabama could not proceed under such conditions as to give a reason- have escaped, and the Alexandra must have been able security that the prescribed sum would not condemned. It obviously is very unsatisfactory be exceeded. Mr. G. GREGORY was glad that for a Government to be aware that a vessel is at last they were about to commence a building being built for a belligerent, to know her destinafor which there had been an agitation during more tion, to have to wait day after day until she is than thirty years. It was true that the esti- completed, and then one fine morning to find she mate for the land had been exceeded, but con- is gone. Now, that has frequently occurred, and sidering that the land taken was in the centre of it is desirable that it should not occur again. London, and recollecting the amount of the pur- There is also a provision in this section which chase money, the increase was not a large one. touches the case of a mere despatch of a vessel, With respect to the plans, the contemplated fusion and a clause containing a provision to the effect of the Courts of Law and Equity could not be that if it is shown that a vessel has been ordered carried out until the proposed accommodation had to be built for a belligerent, and is supplied to been supplied, and he therefore hoped that, when that belligerent and used for warlike purposes, this work was commenced, it would be energeti- that shall be held to be prima facie evidence that cally and successfully prosecuted.- -Mr. WHIT- she was built for the warlike service of the belliWELL asked whether, by this vote, the sanc- gerent, unless the innocent destination of the tion of the House would be given to all vessel can be established. In a provision of that the arrangements including the approaches.- kind there is, I apprehend no hardship. The Mr. Alderman LAWRENCE was glad that he had commissioners also recommended, and we have at last obtained a block plan, althought it differed adopted that part of their report, that proceedings materially from the one originally exhibited, for should be taken in the Court of Admiralty rather the building now proposed stood much nearer to than the Court of Exchequer. It is provided, therethe Strand than in the former design. If the pre- fore, that suits for the condemnation of vessels sent plan were carried out the building would not offending against the Act shall be instituted in the be seen to any advantage, nor would the approaches Court of Admiralty. I have now to call attention be anything like sufficient for the accommodation to a very important power which we propose to of the public.—Mr. BERESFORD HOPE did not give by the Bill. It is the power which it confers ing, by the Queen's proclamation. On this subject, however, it appears to me that a good deal of misapprehension exists. Some people seem to think that the Queen could by her proclamation constitute a new offence against the law of the land, but to suppose that would be tantamount to supposing that the Queen could exercise the functions of the whole Legislature. No proclamation of the Queen can constitute that an offence against an Act of Parliament, or the law of the land, which was not an offence before, and if hon. members will carefully read the recent proclamation they will find that the effect of it is as follows;-It draws their attention, in the first place, to certain provisions of the Foreign Enlistment Act which prohibit the furnishing of ships of war, &c., to belligerents, and it indicates that any offence against those provisions will be a criminal and indictable offence. The proclamation proceeds to warn Her Majesty's subjects, first, against the breaking of blockades, and, secondly, agairs the supplying of contraband of war; but the consequence of disobeying these injunctions of the Queen are pointed out to be a liability to hostile capture. That is the liability, and the only liability which is pointed out in the proclamation. The Government have not undertaken to prevent vessels from breaking the blockade, nor to prevent the exportation of contraband of war; but they say to any man who starts with a vessel intending to break the blockade or to supply contraband of war to a belligerent: "You do it at your own risk; you will be subject to capture, and the Queen will not interfere for your protection." That is the consequence of which those people are warned who contravene the provisions of the Foreign Enlistment Act. I think it well that this should be generally understood, because many complaints are made against the Government for not preventing the exportation of coal, of horses, of a variety of articles which may or may not be contraband of war. The hon. and learned gentleman concluded by moving the second reading of the Bill. Mr. STAVELY HILL cordially endorsed all the reasons adduced by his hon. and learned friend in favou was an entirely new measure. At the same time, since a complete remedy had been provided by the other House for the most glaring hardships of the existing law, as bearing upon the poorer classes he would suggest that the Bill should be accepted in its present form, with a few alterations. The Lords' Amendments were then agreed to with some modifications. TRAMWAYS BILL. or The Lords' amendments to this Bill were considered. In clause 5, Mr. SHAW-LEFEVRE proposed to disagree to the Lords' amendment which required notice to be given to every owner occupier opposite whose house a tramway is proposed to be made. He moved that the same notice should be given in the case of a provisional order as in the case of a private Bill.-Mr. Alderman LAWRENCE opposed the amendment. Mr. SHAW-LEFEVRE observed that the result of the Lords' amendment would be to throw serious obstacles in the way of promoters of tramways and would impose on them the necessity of proceeding by private Bill instead of provisional order.- -The House divided, when the numbers were:-Ayes, 35; noes, 14. Majority in favour of the amendment, 21.- In clause 12, Mr. DODSON pointed out an amendment which had been made by the Lords, the effect of which would be to prescribe the period after which the House would not allow any Bill to be introduced. At present the standing orders as to the time when private Bills should be introduced might be suspended, and he submitted that the same liberty of action should be reserved with regard to provisional orders. The effect of the Lords' amendment would in a measure make the time for allow ing a Bill to be introduced dependent on the consent of the other House. What he proposed was to disagree to the Lords' amendment, and that a standing order should be adopted to regulate the time when Bills should be brought in for the confirmation of provisional orders.- -The motion was agreed to.In clause B after clause 7, page 4.Mr. CAWLEY moved to disagree with the Lords' amendments. After a few words from Mr. GRAVES and Mr. DODSON, Mr. SHAWLEFEVRE acceded to the motion, and the Lords amendments were disagreed to. MERCHANT SHIPPING CODE BILL. On the motion of Mr. SHAW-LEFEVRE this Bill ments. The amendments were inserted, and the was committed pro formá to introduce amend Bill ordered to be reprinted. of the Bill, as this country certainly ought to endeavour by every means to maintain itself as a neutral State. The circumstance of the Court of Exchequer having decided the Alabama case against the Crown was not a sufficient reason for transferring the jurisdiction in such cases to the judge of the Admiralty Court. In conclusion, he expressed approval of the Bill generally, but hoped it would be so amended as to keep the country thoroughly neutral when it was so designed by the Government.- -Mr. VERNON HARCOURT was glad to hear from the Attorney-General that the Bill could not be regarded as a Bill founded upon international obligations; it went far beyond any such obligations; it was a Bill to restrain private warfare against a nation with which the Sovereign was at peace. The 8th clause had reference to the illegal building of ships, and in his opinion it was open to considerable difficulty. If the Govern. ment took upon itself to forbid the building of vessels of any particular description they would make themselves responsible for every keel laid in this country, and the representatives of foreign nations would be constantly urging them to interfere in a manner calculated to materially check our shipbuilding trade, on the ground that nearly every vessel that was being built might be intended for a purpose adverse to the interests of the country in whose service they were. The private shipbuilding trade in this country was a most important one, as it afforded us in time of war splendid dockyards which cost us nothing to maintain in time of peace, and he warned the House against passing, he would not say in a moment of panic, but without a sufficient amount of consideration, any measure which was calculated to drive away that trade, and thereby to give to foreign nations the advantages which it at present afforded us in the shape of the private dockyards to which he had alluded. All that was necessary in order to carry out the intention of the measure was to prevent the despatch of the vessel when built, and not to prevent it being built, and he thought that that object was fully provided for by another clause in the Bill.- -Sir ROUNDELL PALMER was glad that the House was so nearly agreed upon the importance of and the necessity for passing this measure. It was most desirable that the statement of the AttorneyGeneral, that a nation was not bound by international law to legislate upon this subject should be thoroughly understood and generally known. In fact, it was only in this country and in the United States that such legislation had occurred, although no doubt in many Continental nations there were elastic powers in force which enabled the various Governments to deal with cases of the description referred to in the Bill when they happened to arise. All subjects of the country On the order of the day for going into committee owed to the Government the duty of being neutral on this Bill, -Mr. NORWOOD said the constituwhen the State was neutral, and it was the duty ency which he represented was likely to be exof the State to arm itself with powers to repress tremely affected by hostile proceedings on the any attempt on the part of private citizens to part of any European powers; unfortunately there oppose the public will to be neutral. His hon. was no part of Her Majesty's dominions more and learned friend the member for Oxford had sug-likely to be injured by the contest now raging. gested that the House should seize the opportunity He very much regretted that the Government of doing what was not done by the existing Foreign did not bring in a Bill shortly after the report of Enlistment Act, and should take from the Crown the Royal Commission in 1868, instead of waiting the power of granting a licence to do any Acts until war had been actually declared. Under the which under the Foreign Enlistment Act would be circumstances the Government ought not to do illegal if done without the licence of the Crown; more than re-enact the present law with such but to legislate to deprive the Crown of the power amendments as might be necessary to meet cases of taking a single step of that kind, without going like that of the Alabama; in other words, they to war altogether, would be imprudent and foreign might take greater powers than they had at preto the purposes of the present Bill, for there might sent to stop the delivery and dispatch of similar be many cases in which it would be inexpedient to vessels. The Bill before the House was in many enter upon war, though the State did not assume respects too stringent, but he trusted that conan attitude of strict neutrality. A matter of high siderable concessions would be made in that repolicy of that kind ought not to be dealt by a spect by the law officers of the Crown. He objected sidewind in such a Bill as the present. With reto the change of jurisdiction. Under the old Act gard to the clause respecting illegal shipbuilding, it was the Court of Exchequer that had jurishe was of opinion that if the power conferred by diction. It was now proposed that the duty of dethat clause were not given the Bill would be ciding upon the forfeiture of a vessel should be emasculated. He thought it of infinitely greater given to the Court of Admiralty, which did not importance that all shipbuilders and traders in enjoy the confidence of the public. He objected this country should obey the law with respect to that power should be given to any one judge, the neutrality of their country than that they without the aid of a jury, to try the question of should have a few contracts on their hands more forfeiture, involving, as it did, the intent of the or less. (Hear, hear.)--The Bill was read a person who fitted out the ship. That was a point second time. which ought to be determined by a jury, and not left to the decision of any one man. As representing a mercantile community, he protested against the Bill. His constituents were already suffering great privations, but they were willing to submit to a Foreign Enlistment Act, if only its provisions were not strained too much.- Mr. VERNON HARCOURT said a complaint had been made that this Bill did not go far enough, that it only prohibited the exportation of ships of war, and not contraband articles generally. Now, he wished to call special attention to the conduct and policy of that power which, above all others in the history of the world, had been famous for the observance of neutrality—namely, the United States of America. There was a very important document on this subject-the message of the President of the United States, issued in 1855, during the course of the Crimean War, which he desired to bring under the notice of the House. Wednesday, Aug. 3. SALE OF LIQUORS ON SUNDAY BILL. Mr. Alderman LAWRENCE, advised the hon. member in charge of the Bill to withdraw it, as the whole subject of the licensing system was to taken up next session. He moved that the Bill be read a second time this day three months. The amendment was put and agreed to, and the Bill is consequently lost. THE GAME LAWS (SCOTLAND) BILL. This Bill was withdrawn by Mr. LOCH. MARRIED WOMEN'S PROPERTY BILL. On the consideration of the Lords' Amendments to this Bill, Mr. RUSSELL GURNEY said that the Bill, as it came down from the House of Lords FOREIGN ENLISTMENT BILL. At that time the United States had to consider their conduct very carefully with respect to that war. They all remembered the painful circumstances which attended the recall of Sir John Crampton from the United States for his connection with a transaction which, though he was sure nothing contrary to the law of the United States was intended by the British Government, gave the Americans every reason to complain, and, no doubt, the conduct of England on that occasion was not to be defended. The hon. and learned gentlemen then read two passages from the message of the President, in which it was stated that it was the traditional and settled policy of the United States to maintain impartial neutrality during the wars which from time to time occurred among the great powers of Europe; but, notwithstanding the existence of hostilities, the citizens of the United States retained their original right to continue all their pursuits by land and sea, at home and abroad, subject only to the law of nations. That, in pursuance of this policy, the laws of the United States did not forbid their citizens to sell to either of the beiligerent powers articles contraband of war, or to take munitions of war or soldiers on board their private ships for transportation, though in doing so the individual citizen exposed his property or person to some of the hazards of war. That the citizens of the United States had sold gunpowder and arms to all buyers without distinction, that their transports had been employed by England and France in conveying munitions of war and bringing home wounded soldiers, and that that involved no interruption of the friendly relations between the Governments of Such was the the United States and Russia. message of the President, and it was to be observed that it went beyond the permission which was given to English subjects, because in our Foreign Enlistment Act the transport of troops and munitions of war to foreign belligerents was forbidden. He ventured to say that Her Majesty's Government, in declining to extend the scope of the Bill, not only acted upon a principle conformable to the law of nations, but were justified by the practice of those States which had been most careful to observe neutrality.Mr. JESSEL regretted that the hon. member for Hull should have expressed distrust or want of confidence in any individual judge whatever. (Hear, hear.) [Mr. NORWOOD was understood to disclaim any intention of doing so.] He himself nor anyone in his behalf could possibly regretted it the more because neither the judge answer such an insinuation. In legislating Parliament could not inquire into the character of any member of the judicial bench. With regard to what the hon, member had said about a jury, it was to be observed that in this country there was a large number of tribunals which decided upon matters of the greatest importance without a jury. He believed that questions involving three-fourths, at least, of all the property brought before the courts were finally adjudicated upon by single judges without the assistance of gentlemen in a box called a jury. (Hear, hear.) One word as to the observations which had been made by the hon. and learned member for Oxford. He was very sorry to hear quoted in that House as law the message of any President of the United States. Such messages were generally party productions, made and issued for party purposes, and with a view to the exigencies which might call them forth; and if we were to allow a message issued by one president upon a particular occasion to be cited in our favour, we could not in justice refuse to listen to a vast number issued by other presidents which were deciededly not in our favour. (Hear.) Why the hon. and learned gentleman himself was obliged to admit that the message from which he had quoted went beyond what in our view of the law of nations, was lawful. Therefore, as a question of policy as well as of law, that message was of no authority If Parliament wished now to give powers for us. which, to some extent at least, exceeded those hitherto claimed by the Government, it must be admitted that, as the world went on, modifications in what was called the law of nations were admissible. (Hear, hear.)--The ATTORNEY-GENERAL denied the right of the hon. member for Hull to protest against this Bill as representing the mercantile class in this country, or as expressing their views. If there was one class more than another whose interests, if only properly understood, were involved in the success of the Bill, it was the mercantile body. And yet that was the class whose interests the hon. gentleman misrepresented. There was scarcely a single member in the House who, seeing the evils of the present state of the law, did not desire to amend it. The hon. gentleman had objected to the substitution of the jurisdiction of the Court of Admiralty for that of the Court of Exchequer. Now, he had some experience in this matter, and he believed that proceedings in the Court of Admiralty would be speedier, simpler, cheaper, and in every respect preferable. (Hear.)--The House then went into committee on the Bill. |