On this page

• Text (1)

  Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

  • 

    June 13, 185?.] T H E IEADE.B. 555

• Transcript

  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

    Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

    Imperial Parliament. E Monday, June 8 Th...

    I ' before a prosecution can be instituted .- —Mr . Neate c oncurred in this view . — Mr . Bolt thought that , if the I bill passed , persons would not be willing < to hold trusts . [ He should propose that a distinction should be drawn be tw ee n pers o ns en t rus t ed wi t h money in the form of money , and persons entrusted with stocks or chattels , the appropriation of which would be the same thing as a rtheft . The measure would operate to prevent the . improvement of trusts by trustees , a man being liable in such .-a case to be tried under its provisions . Many of i the provisions of the measure might be made useful ; but , unless grea t alterations w ere made in committee , he feared that the bill would not be beneficial to the country . —The Attorney-General alluded to the difficulty of . legislating on the subject , and invited the assistance or the House in the shape of amendments ^ but he hoped that the measure , as a whole , would meet with sanction . The bill was then read a second time .

    SAVINGS BANK ( NO . 2 ) BILL . On the order for the second reading of this bill , Mr . 'Turner , approving the principle involved in the measure , expressed a hope that well-managed banks might be exempted from the interference of Government officials . —Mr . Grogak made a similar suggestion . —Mr . Ayrton opposed the bill . He complained of the management of the funds of savings banks by the Commissioners of the National Debt , stating that upon the . capital account alone , between 1843 and 1855 , a deficiency ^ of 1 , 000 , 000 £ had been created , a result which , i n his op inion , raised the question whether the Commissioners were fit to be entrusted with this office . It was

    also a question whether these deposits were not intended to be kept separate , instead of being employed in jobbing in the funds . The measure had something of a socialist character . —The bill was further opposed by Mr . Bareow and Sir Henry Willoughby , and was supported by Mr . M'Cann , Mr . Estcourt , Mr . Glyn , and Mr . Magutre . —Sir Harry Verney and Colonel Sykes recommended that the bill should go before a select committee . —Mr . Atherton thought that the amount of Government interference threatened by the bill is unne-¦ cessary , and was of opinion that several other points require revision . —Mr . Henley desired to know , the exact power of the Government under the bill , and the nature of the regulations to be made for an effectual audit . — The Chancellor of the Exchequer stated , in reply to Mr . A yrto n , that the _ Government has no power of appointing any local officer of the banks , and that the measure is not compulsory upon any banks now in exis t ence , which are not bound to come under its operation . Objections to theqmanagem ^ nt of the money of the savings banks liiia ^ Mnceiliie ^ pe to this bill ; but he should be prepao » $ att * i » . vtHtmHipimc to refer the subject to a select camin $ i & iBei *&^ % ? 3 b 8 t was then read a second time . » M > M $ iMMM INTEREST

    MARRIED Wqjtt ^? 8 f ^ V ^^<*^ ARY HILL . On the motio # 3 |§§| i & $ ^ £ d reading of this bill , Sir Erskine PERR'f i ^^ Sff ^ wi * it 'be postponed for a fortnight . —The HomwlHided , whin the numbers were— ; For the prdmMmfy $ - 'g 151 Against ... tf {) SJ ^ f « j «^ P i » w > ? ' " MajoriW ^ -W ^? — i The bill wnsfcHpKlUiIgi ^^ lio a second time . The House em § micme < i * m '» - « fniarter to one o'clock .

    Tuesday , June 9 th . THE MUTINY AMONG THE INDIAN NATIVE TROOPS . I n the House of Lords , Lord Ellenhokough called the attention of the House to the reported mutinies in the Indian army , which , if true , ho attributed to an apprehension on the part of tho native population that the authorities were about to interfere with their religion . He wished to know whether instructions had been sent to India directing tho different Governments to make known at every station of tho army throug hou t th e Country that Eng la n d w ould i n fu t ure , as in times past , pr o t ec t all her subjects in t h o u n disturbed o xo rcise of t heir religion ?—Earl Granvillis replied that it was impossible to say , from tho imperfect information of which the Government was in possession , how fur tlio report of a mutiny in an Indian cavalry regiment was exaggerated or not ; but , with rogard to tho religious element supposed to bo involved in it , ho was eoriy that Lord BUonborough had lent his support to tho rumours which

    I The Princess Royal's Annuity Bill was read a second time without any opposition . THE DIVOKCE BILL .

    The House having gone into committee on' this bill , which had been recommitted , the Loud Chancellor , on cla u se 17 , proposed an amendment , giving to husbands deserted by their wives the same right-of considering themselves divorced a mensd et ihoro as had been previousl y granted to wives deserted by their husbands . After some discussion , this amendment was agreed to , as well as an amendment substituting the words 'judicial separation' for ' divorce a . mensd et tlioro . '' On the motion that the clause , as amended , stand part of the bill , the committee divided , when there were—C on t ent 76 Not Content „ . -.. ... 37

    Majority —39 The clause was therefore agreed to . The remaining ' clauses up to 22 were also agTeed to . On clause 22 , the Lord Chancellor called the attention of the committee to the punishment proposed to be inflicted on persons guilty of adultery . By , this I clause he proposed that , in suits for divorce by reason of adultery , both the adulterer and the adultress should be made defendants , and that , if proved , the Court should have the power of fining the adulterer tip to the amount of 10 , 000 £ . This amendment on the clause as it originally stood having been received with approbation , clauses 22 up to 25 were agreed to . After clause 25 , the Lord Chancellor proposed a clause imposing a fine on the guilty parties , to which the Bishop of Oxford proposed nn amendment , punishing them with ' with fine and . imprisonment , ' or ' with fine or imprisonment . ' After some discussion , the committee divided , when there appearedj ? tamendment 43

    or ne .. ; Against it 33 Majority .. —10 The amendment was consequently carried , and the clause as thus amended was agreed to . Clauses up to ¦ 44 were also agreed to . Upon clause 45 , in which , on the motion of the Archbishop of Canterbury , words were inserted prohibiting divorced persons from marrying again , the Lord Chancellor ¦ proposed an amendment , the effect of which was to permit these parties to marry again . This amendment was carried on a division in which the numbers

    werepre v io u sl y in v es t i gated in a polioe-court , their labour . is superfluous , and the opportunity afforded by the secret mode of their investigation to suppress evidence throws a suspicion upon their finding when bill * axe rejected . Instead of the Grand Jury being a protection . to the innocent , it is infinitely more desirable for a person unjustly accused that his trial should take place in the face of the country than that the indictment should be ignored by a G-rand Jury . Those juries have been termed " ' the hope of the London thief , " and they lead to many evils . —The Attorney-General offering no resistance to the m otion , it was agreed to , after some remarks from Mr . Bowyer , who entertained great suspicion of the proposed change .

    THE LAND TRANSPORT CORPS . Mr . Thomas Duncombe moved that the petition -of the members of the Land Transport Corps , presented on the 12 th of May , complaining that the War 'Department had not fulfilled the conditions under which they enlisted , be referred to a select committee . The men were furnished with an old scratched-out paper instead . of a jarchment discharge , and two hundred and two were left to find their -way home as they could . They had endeavoured to obtain an honest livelihood , but could not , for the legality of the discharge was questioned , and the holdors were looked upon as deserters . —Mr . Townshend seconded the motion . —Lord Palmerston admitted that the men had good ground of complaint in regard to the documents with which they were furnished upon the disbandnient of the corps . The question was fully discussed last session and a committee was appointed . Under those circumstances , he would not oppose the appointment of the committee . —The motion was then agreed to .

    ¦ WILLS OF BRITISH SUBJECTS ABROAD . Sir Fitzroy Kelly moved for leave to bring in a , bill to give validity and effect to the wills of British subjects made abroad . A British subject has power to dispose freely of all property belonging to him , both personal and real , provided the will is executed by himself , and attested by two witnesses ; but that right has been endangered by decisions in courts of law , and a necessity therefore arises for legislation . If , after making bis will , an Englishman goes abroad , the result will be that , after his death , his intentions will be set aside and entirely defeated . Sir Fitzroy cited several cases in point . To remedy the evils thus indicated , lie proposed to enact that all testamentary papers made . and executed by a British subject , and dul y attested according to the Statute of Wills , should be entitled to probate in this country , and have validity and effect here wherever the testator might be domiciled . —The motion was seconded by Mr . Malins .

    Co ntent 24 Not Content ... ... 46 Majority , ¦ ¦ —22 Lord Wensleydale then moved to add a proviso that either party should not marry the person with whom the adultery was proved to have been committed , and the Court in its decree for a divorce was to name that person . After some discussion , the committee divided , when the numbers were—For the amendment ... 28 Against it 37 Majority —9 , s

    The Attorney-General said the Government would not oppose the introduction of the bill , but could not undertake to support it , as it interfered with the universal law of Europe founded on the general maxim , mobilia sequuntur personam—a law -which had prevailed from the earliest times . It would be extremely injudicious to introduce a rule peculiar to this country . The inconveniences complained of rose from the imperfection and uncertainty of the law , which mi ght be remedied without making a radical change . —Sir Fitzroy Kelly explained that he did not propose that the bill should have any effect on the property of Englishmen in foreign countries . —After Mr . Bkresford Hope ' and Mr . Bowyer had spoken in favour of the bill , lea v e was given to introduce it . Mr . Olive obtained leave to bring in a bill to amend and exp lai n t he Inclosure Acts .

    This clause and the remaining clauses were agreed to , and the House resumed . Their Lordships then adjourned . NOTICES OF MOTION . Mr . Koebuoic gave notice that on that day week he should move the following resolution : —" That in the op inion of this House the oflico of Lord-Lieutenant of Ireland ought to be abolished , and a iifth Secretary of State appointed . " Mr . Ewart gave notice that on that day fortnight he should bring under consideration the subject of tho foundations of existing grammar schools throug ho ut the country . Mr . M'Mahox gave notice that on that day three weeks ho should ask leave to bring in a bill respecting trials in criminal unsea , and to amend the criminal law .

    lunatics ( Scotland ) . The Lord Advocate moved for leave to bring in a bill to alter and nmond the laws respecting lunatics in Scotland . Ho pxopoHod to appoint a kind of Lunacy Board for Scotland , but not under that name , consisting of a commissioner , a medical inspector , a secretary , And a clerk , who are to liavo tho power of visitation , inspection , a n d re g ulatio n of all tho asy lums in North Britain , in tho eight districts into which the country is t o bo divided . Those districts arc to bo—Edinburgh , Inverness , Perth , D u m fries , Lanark , Renfrew , Stirling , and Another . —Mr . JLbnky Baillijc defended the North Off Scotland against some aspersions thrown out in tho'debate on this subjoot on a previous night , and showefl that thoy had not been reluctant in making provision for l un atics , but liberal . Mr . Eluok thought that * he evils would have boon best mot by extending the English Lunacy Board to Scotland . —rMr . Oowan ' approved Of tho bil l , and loave was given to introduce it . lUQHWAm

    THE BBLLE-ISIiB AFFAIR . In answer to Mr . Dillwyn , Lord Palmerston said that Government had received full information with rogard to the melancholy ooourrauco on board tho John aiftl Edward schooner , of Aberyatwitu , in tho harbour of Belle-Islo . Tho vessel , o w i n g to stress of 1 wo athor , had not hoisted colours 5 but tho ollicor in command of tho French vessel was not justillod in liring with such undue precipitancy . The explanation was , that ho ordered tho shot t o bo fi red hi gh . It was but justice to tho French Government to say that no opportunity was given to her Majesty ' s Government to mako a remonstrance on tho question ; Sot Count Walouski volunteered , an explanation to Lord Oowley , our ambassador in Paris , of tho most complete kind , expressing doop regret nt the ocourronco , an d addin g that orders had be ou g iven for tho diumiasal of tho French oUlcar who had ordered tho firing of tho fatal musket , and to inquiro what oould bo dono to mitigate tho consequent uuachiof . ( Jfaar , hear . ") Nothing could bo more honoumUlo than tho conduct of tho Fvonoh Government on tho subjoot . CUtAND JUIUKS . Sir Fitnnioiticit Tincmuicit niovod for loavo to bring in a bill to dlsponso with tho nttoiidjiuco of Grand Jm'loa ut tho Contral Criminal Court , nml at Courts of General and Quarter SohwIous lioldon within the metropolitan police district , except in the oaso ol' treason , and iu houio otUor cuuos . Whoro u Grand Jury uud a bill in a case

    Mr . Masskv moved for leave to bring in « bill to amend tho law of . highways . Tho officer at present 4 » ayi n g the mana g eme nt of h i ghways is unpaid , and is , thcroforo , iucompotond . Ilia bill proproscd to relieve the pariah surveyor of his present duties , and substitute the ayatom of management prevailing in South Wales , with auino alterations , with a view to its simplification . What ho desired was to Uivldo the country into districts , < and to vest the management of highways In district boarda . —Mr ., Watkins inquired what was to be . done with itho metropolitan toll burs V—Mr . Mabwuy : " Thoy are e « - cepted . "—Mr . Adams suggested some alterations us to thooonstltution of tho elective' boards , which wouldarandor the bill wore acceptable than as at present proposed . Tho boards ought not to bo swamped by too . many i « w

    wore afloat on this subject . Iu tho opinion 01 . Ministers , Lord Canning had shown admirable judgment in rofraining from issuing such a notification « s that suggested , and it was certainly not their intention to send out instructions to do so to tho Govornor-Gonoral . —Tho Earl of Mal ^ iesbury said that ho had aoon it Btated that Lord Canning h a d subsc r ibed to m i s si on ar y sooiotios in India ; and , considering tlio position in Whioh ho stood as Govornor-Gonoral , it would bo vory HnprudontJn him to mix himself up person Ally in such societies . ( Hear , hear . ) But ho t houg h t tho sta t e me nt to which ho roforrod required continuation . —Tho Mar-< iuia of Lansdowniu conceived thoy should hnvo some PtQoiao etatomonfc as to what upociflo aasooiution Lord Canning had subscribed boforo thoy procoodod to deliver their opinions on a eubjoot bo important . This ho would J « y—that , if Lord Canning bad given countonanoo to t » o belief that ho had mixed hlmaolfui > with societies which Intorrorod with tho religion of tlio natives , ho ° "fil » t no longer to remain Govornor-Uoueral of India . (« W , hoar . )

    June 13, 185?.] T H E Ieade.B. 555

    June 13 , 185 ? . ] T H E IEADE . B . 555

• Citation
  • Leader (1850-1860), June 13, 1857, page 3, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_13061857/page/3/