(Per Chief Justice Cockburn, in Wakefield Board of Health v. West Riding of Yorkshire, &c., Railway Company, 6 B. & S. 802). In Rey. v. Richmond Justices (8 Cox C. C. 314), a person was convicted, under the 7 & 8 Geo. 4, c. 30 (Malicious Trespass Act), by justices who were personally interested. The accused was represented by an attorney, but neither he nor his attorney made any objection to the justices at the time, and there being no affidavit that they were ignorant of the justices' interest at the time of the conviction, the court refused to quash it. The maxim does not apply to avoid the award of a referee to whom, though necessarily interested in the result, parties have contracted to submit their differences: (Ranger v. Great Western Railway Company, 5 H. of L. Cas. 72.) If, however, at the time of the submission, it was not within the knowledge of the party objecting to the award that the arbitrator was personally interested, it is not supposed that the court would refuse relief. "It is contrary to reason that an arbitrator or umpire should be the sole and uncontrolled judge in his own case:" (Per Parke, in Re Coombs, 4 Ex. 841.) In Ranger's case above, it was patent on the face of the contract which contained the submission, that the arbitrator was really interested.

LAW LIBRARY.

Index of Subjects to the Twelve Volumes of Treaties and Conventions and Reciprocal Regulations at present subsisting between Great Britain and the Foreign Powers, Se. Compiled from authentic documents. By EDWARD HERTSLETT, Esq., Librarian, Foreign Office. London: Butterworths.

A LABORIOUS work of inestimable value to the statesman and to wyers whose practice lies in the direction of international law. There are not many members of either branch of the Profession whose business requires acquaintance with the documents to which this volume is an index; but for those whom connection or accident may require to make research into the documents that contain the terms of our relationship with foreign states, it would be impossible to estimate the value of a publication that enables them to find with ease what otherwise it would be a matter of formidable labour to discover. It will be an essential part of the reference-book shelf of every good library.

The Empire of Asia. By W. M. TORRENS, M.P. London: Trübner and Co.

THIS is an historical work of considerable value, showing the acquisition and growth of our Eastern Empire from A.D. 1757 to 1858. Mr. Torrens is too well known as a clear and even a picturesque writer to require that we should eulogise his literary attainments -a matter not altogether within our sphere. We prefer to turn at once to those portions of his work which are of interest to lawyers.

Mr. Torrens brings forward very forcibly some serious charges against the administration of the law in India. An excellent ancient legal institution appears to have been the punchayes. This was a tribunal comprising a jury and a president. The manner in which the members of the punchayet were chosen depended upon the nature of the cause in issue; a feature which does credit to whoever suggested it, and by means of which justice might be obtained more frequently than it is in this country. In every case the members were named by universal suffrage, and the panel was unrestricted as to rank and creed, whilst the right of challenge extended to any person whom either party might deem unfavourably disposed. The wrong - headed spirit which would appear to have controlled our government of India for a considerable period considered it wise to abolish this municipal institution, and "instead of the native punchayet," says Mr. Torrens, "there was established an arbitrary judge; instead of men being tried when accused, or appealing when wronged, to an elective jury of their fellow-citizens, they must go before a stranger, who could not, if he would, know half what every judge should know of the men and things to be dealt with." The result of this change is graphically described :-" Instead of confidence there was organised distrust; instead of calm, popular, unquestioned justice, there was substituted, necessarily, imperfect inquiry, hopelessly puzzled intelligence, all the temptations to indolent inattention, and all the liabilities to conscious mistake; the mute despair of injustice suffered, or the gnashing of teeth at irreparable wrong-not the less wrong when inadvertently and unintentionally done. A settled purpose was disclosed of substituting rudely the arbitrament of foreign officials, guessing at the facts through interpreters, and stumbling over habits and usages it must take a lifetime to learn, but which every native journeyman or elder could recall without effort and apply to the facts before him without hesitation." Our author most properly observes that "no wise or just historian will note these things without expressions of wonder and condemnation." But the course so condemned has been ever growing, fostered in its infancy by Warren Hastings, and protected and expanded by subsequent home Governments. To quote Mr. Torrens, "the substitution of an exotic system of jurisprudence

66

for that which was indigenous, and had its roots in the ideas, traditions, and manners of the people, had ever since the transfer of the Dewanny "-which Mr. Torrens refers to fully (see pp. 60, 61, and 62)-" been steadily going on. Under the advice of Hastings it was completed by the Regulation Act in 1773, the third clause of which constituted the High Court of Judicature at Calcutta with a chief justice and three puisne judges, clothed with plenary power, both of first instance and of appeal in all cases, whether civil or criminal, Four English lawyers took their places the following year on the new judgment seat, their chief being the early friend o. Hastings, Sir Elijah Impey."

None of the merits of the European judges are descanted upon by our author, who heartily condemns their intrusion upon the functions formerly discharged by natives. At the close of his work he treats of the local administration of justice in the nonregulation provinces, which still remains, for the most part, in European hands. The main fact," he says, "stares us in the face, that not one in a hundred of the higher judges has been born or bred in the country whose disputes he is empowered to determine, and whose inhabitants he may fine, flog, imprison, or impoverish at his individual discretion." It is not stated affimatively that this actually happens, but according to Mr. Torrens, "the young gentleman from England" has very difficult duties in deciding native disputes, whilst in a great number of districts the collector or district commissioner still exercises the functions of a vice-chancellor and puisne judge. This individual is usually a soldier, and, asks Mr. Torrens, What would the people of London think, if a cavalry officer were made recorder, a colonel of marines common serjeant, and a first-class prizeman in gunnery appointed to preside at Bow-street?" This illustra tion is a little far-fetched, but we cannot dispute our author's conclusion, that "in matters of judgment, justice and mercy, any qualifications or disqualifications, are still deemed immaterial in India; " or, further, that "the people must be idiots to reverence law so administered . . . . it will hereafter be at the door of Parliament, if, having undertaken the government of an unrepresented empire, it fails to reform the administration of justice thoroughly, and in a sense conformable to Indian public opinion.

It being our peculiar province to notice the legal portion of Mr. Torrens's volume, we have confined ourselves to our task; but we must confess that the pages devoted to this branch of his subject are the least attractive, and we have perused the entire work with great interest. The theme is one not easily rendered pleasant to English readers; but beyond a doubt the condition of our "Empire in Asia" must soon force itself more prominently upon public attention. The murder of a viceroy and a judge should have brought about this result, but we doubt whether it has, and the lessons which Mr. Torrens teaches us cannot fail to be of practical service."

THE STOCK MARKETS.

CITY, THURSDAY, FEB. 29. THE generally better tendency in the value of public securities for several days past has indicated the course of public opinion upon the question of the arrangement of our dispute with the United States, which is still the principal influence to be taken into account in writing upon the Stock Markets. The more prominent journals on the other side of the Atlantic encourage both countries to hope that a peaceful solution of the difficulty may be fairly anticipated, and the impression that such will be the issue gains strength here also. This matter, therefore, being as good as set aside for the present, other circumstances are, as a rule, favourable. The Bank of France has reduced its rate of discount to 5 per cent., and our own Bank rate remains at 3, with only a small commercial demand for money. The drain of gold to the Continent and South America continues, but is of no consequence so far. More or less of holiday-making since last Thursday, in consequence of the "Thanksgiving Day on Tuesday, has kept business within small limits, and Monday, yesterday, and to-day have been devoted to the settlement of the fortnightly account. The contango rates have been generally light owing to a short supply of stock and plenty of money being available.

The British Funds show no change for the week. The Consol settlement takes place to-morrow, and the continuation rate is only a little over 1 per cent., in consequence of there being large bear accounts open. Bank Stock has risen 1 per cent., and the Indian Five per Cents. and Four per Cents., are better.

A decidedly firmer tone has prevailed in the American market, and the principal movement has been a rise of 4 in Erie Railway Shares, on the rumour that Mr. Jay Gould has offered to resign his connection with the ring, if a promise is given that he shall suffer no molestation from the law. The Funded Loan has improved ; and the 5-20 Bonds of 1862, and the 10-40's.

The publication of remarkably good traffic receipts, coupled with the anticipation that they may be still better next week, arising from the large numbers which have travelled to and from London during the last few days, gave a decided upward impetus to prices yesterday; the rise in the case of the North British reaching nearly 3 per cent. All the changes in prices, without exception, for the week are favourable, the more prominent being an advance of 4 in North British; of 2 in Midland; of 14 in Caledonian; 14 in Great Northern, Metropolitan, and North-Eastern Consols; and of 1 in Great Eastern, and Manchester and Sheffield, &c.

A considerable improvement has also been established for the week in foreign stocks, with the single exception of Spanish, which is lower, buyers holding aloof from this stock in consequence of the chronic muddle which seems for ever to characterise the ministerial arrangements at Madrid. Brazilian New Five per Cents. are 1 higher; Egyptian Seven per Cents. of 1868, 14; Peruvian Six per Cents. of 1870, 1; French Morgan, ; the French National, Italian, Turkish Six per Cents. of 1865, and ditto Six per Cents. of 1869, , &c.

The political atmosphere having somewhat cleared, the check to the introduction of new undertakings is removed and activity in the formation of new projects is again apparent. A new Russian and Japanese loan are shortly expected.

In the General Discount market the ruling rate for fine three months' bills is 24 per cent. There have been no operations in bullion at the Bank this day. Money has been in considerable demand at the Bank to day by the brokers, chiefly in connection with the Stock Exchange settlement.

A new undertaking is introduced to-day, entitled the Central Swedish Iron and Steel Company (Limited), with a share capital of £325,000 in 6500 shares of £50 each. The objects of the company are stated to be the purchasing of two very valuable freehold estates called Bjorneborg and Frotuna, in the provinces of Vermland and Nerike, in the great iron district of Central Sweden, with the iron works, mineral rights, forests, and other important interests connected therewith; and to bring into more effective operation the great resources of those estates, by enlarging the present works, and erecting additional works, for the manufacture of the finest Bessemer steel from the ores of the celebrated Persberg and other mines, owned with the estates. The estates are shown to be favourably situated on railways, which connect them with each other, as well as with the mines to be worked and the shipping ports, distant within half an hour of the works. They have the further advantages of being within seven hours of Stockholm and Gothenburg, forty hours of St. Petersburg, Dantzic, &c., and fifty-five hours of Hull and London. The water power and low wages are pointed out as advantages; and it is stated that Mr. Forbes, the consulting engineer, will remain to fulfil what he has promised. The quotation is 2 to 2) premium.

An undertaking, under the title of The Welsh Freehold Coal and Iron Company (Limited), is announced, with a capital of £155,000, in 31,000 shares of £5 each. This company is formed for the purpose of purchasing and working a freehold estate, containing 1300 acres, or thereabouts, with all the veins or seams of coal, ironstone, fire clay, and other minerals, situated in the parishes of Baglan and Michaelston-super-Afon, in Glamorganshire. The minerals form the principal value of this property, which is almost in the centre of the South Wales Mineral Basin, and is well known to contain nearly all the coal and ironstone existing in South Wales.

The latest quotations for British Funds are as follows: Consols, 92 to 92; Reduced and New Three per Cents., 923 to 92; Exchequer Bills, 2s. to 6s. prem.; India Five per Cent. Stock, 109 to 110; India Four per Cent. Stock, 105 to 1051; India Enfaced Paper Four per Cent.,

96 to 964; ditto Five and a Half per Cent., 1074 to 108; Bank of England Stock, 248 to 250; Metropolitan Three and a Half per Cent., 96 to 974; and French Rentes in this market, 551 to 55.

The price of French Rentes received from Paris this morning was 56f. 50c. Market flat.

In the market for American Securities, the United States 5-20 Bonds of 1882 are marked 91 to 92; ditto, 10-40 Bonds, 88 to 88; Erie Railway Shares, 31 to 314; Illinois, 108 to 109; and United States Funded Loan 89 to 894.

In the Railway Market the prices are:-Caledonians, 116 to 117; Great Eastern, 49 to 50 ex div.; Great Northern, 135 to 135 ex div.; ditto, A, 156 to 156 ex div.; Great Western, 113 to 113; Lancashire and Yorkshire, 156 to 156 ex div.; Londo and Brighton, 75 to 76; London, Chatham, and Dover, 264 to 27; London and North-Western, 154 to 155 ex div.; London and South-Western, 111 to 112; Manchester and Sheffield, 73 to 73; Metropolitan, 68 to 68; ditto District, 334 to 33; Midland, 1414 to 141 ex. div.; North British, 61 to 61; North Eastern Consols, 183 to 183; South-Eastern, 96 to 97; South-Eastern deferred, 76 to 77; Grand Trunk of Canada, 19 to 20; Great Western of Canada, 20 to 21; Antwerp and Rotterdam, 18 to 19; Great Luxembourg, 16 to 17; and Lombardo Venetian, 18 to 18§.

The prices of the principal Foreign Stocks are recorded thus:-Argentine, 1868, 94 to 94; do., 6 per cent., 1871, 95 to 95; Brazilian, 5 per cent., 1865, 97 to 98; do., 5 per cent., 1871, 95 to 95; Egyptian, 7 per cent., 1868, 84 to 85; do., Viceroy Loan, 86 to 88; do., Khedive Mortgage Bonds, 78% to 783; French Morgan 6 per cent. Loan, 99% to 100; do., National, 5 per cent. Loan 7% to 7 pm. ex. div.; Greek 5 per cent. Stock, 14 to 15; Italian of 1861, 653 to 66; Mexican, 14 to 15; Paraguay 8 per cent. Loan, 84 to 844; do. Scrip, 4 to 4 pm.; Peruvian, 5 per cent. 1865, 96 to 97; do., 6 per cent. 1870, 80 to 803; Russian, 5 per cent. 1871, 93 to 94; do. Nicolai Rail., 75 to 76; Spanish, 314 to 31; do. Quicksilver, 80 to 81; do. 3 per cent. 1871, 31 to 313; Turkish, 5 per cent. 1865, 493 to 49; do. 6 per cent. 1865, 64 to 65; do. 6 per cent. 1869, 60 to 60%; and do. 6 per cent. 1871, 72 to 73.

In the Telegraph Market, Anglo-American Stock is quoted at 119 to 120; Anglo-Mediterranean, 165 to 167; British Australian, 8 to 9; British Indian Extension, 114 to 11; ditto Submarine, 10 to 104; Chinas, 9 to 91; Cubas, 8 to 84; Falmouths, 11 to 11; Great Northern, 15 to 164; Marseilles, 8 to 9; Mediterranean Extension, 4 to 5; French cables, 244 to 24: Reuter's, 10 to 114; West India and Panama, 64 to 6.

In miscellaneous shares prices are as follows :-British and Foreign Tramways, 3 to 4 pm.; Credit Foncier of England, 4 to 5; Crystal Palace Preference, 104 to 109; General Credit and Discount, 2 to 2 pm.; Hooper's Telegraph Works, 2 to 3 pm. ; Hudson's Bay, 9 to 10; International Finance, par to pm; Indiarubber and Gutta Percha, 43 to 45; National Discount, 13 to 13; London Tramways, 11 to 124; Native Guano, 17 to 21: New Lembrero Phosphate, 8 to 91; Phosphate Sewage, 35 to 37; and Telegraph Construction, 34 to 31.

NOTES OF THE WEEK. COURT OF APPEAL IN CHANCERY. Feb. 19 and 26.

(Before the LORDS JUSTICES.)
CLIVE v. CLIVE.

Will-Construction. ·Income-Apportionment· Trust to accumulate till marriage-33 and 34

Vict. c. 35. THIS was a special case, which was heard before the Court of Appeal in the first instance in consequence of there being conflicting decisions on the point in question. By his will, dated the 23rd Feb. 1859, Daniel Coggs Webb gave his residuary personal estate to trustees upon trust to invest and to pay certain annuities out of the income, and, subject to such payments, he directed his trustees to stand possessed of all his residuary personal estate, and the trust funds and securities for the same, and all the accumulations thereof, in trust for and to be equally divided between his two grandchildren, Isabel Webb and Laura Sarah Webb, as tenants in common, and he directed that the said respective shares should be respectively vested in his said two. grandchildren respectively on their respectively attaining twenty-one, or upon their respective marriages, which should first happen. And the testator directed that if either of his said two grandchildren should marry under twenty-one the trustees should settle her share so as to secure to her the yearly income thereof for her separate use, without power of anticipation, with remainder to the children of the marriage in the usual way; and he further directed that until the principal of the shares should become payable under the trusts of his will, the interest should, if the trustees should think right, be paid and applied to and for the benefit of the person presumptively entitled to the principal during her minority, and if not so applied the same should be accumulated for the benefit of such person. The testator died in 1860. Isabel Webb married E. H. Clive before attaining twenty-one, and, by an indenture dated the 10th Jan. 1867, her share was settled in accordance with the directions contained in the will. Laura Sarah Webb also married Sir A. W. Peyton before attaining twenty-one, and, by an indenture dated the 25th Nov. 1870, her

extending across the whole shop, so that the entire weight of the floor above rested on the end of the beam inserted in the wall. The defendant complained that the new beam caused a settlement in his house, and threatened to cut off the end of the beam. Thereupon the plaintiffs instituted the present suit praying for an injunction to restrain him from doing so. The Vice-Chancellor held that the plaintiffs' easement of support entitled them as owners of the dominant tenement to put any amount of weight on the wall which did not endanger its stability, and that the wall, either belonged to the plaintiffs or was a party wall, and in either case they had made a proper use of it, and he granted the injunction accordingly. The defendant appealed from this decision.

Bristowe, Q.C. and Davey, for the appellant. Without calling upon.

Cole, Q. C. and Ince, for the plaintiffs, and Glasse, Q. C. and Magnaghten, for mortgagees of the plaintiffs:

Lord Justice JAMES said that he was of opinion that the decision of the Vice-Chancellor was perfectly right, and that the appeal must be dismissed

Lord Justice MELLISH was of the same opinion. Solicitor for the appellant, Zachary Brooke, for Wheat, Sheffield.

Solicitors for the respondents, Doyle and Edwards, for Binney and Son, Sheffield.

ROLLS COURT.

Feb. 12 and 26. BLOOMER v. SPITTLE.

Mistake-Suit to reform deed-Delay. THIS was a suit to have a deed of conveyance of certain property executed in April 1866 reformed, by including therein the mines and minerals lying underneath the property conveyed, which had been excepted in the deed. It appeared from the evidence that it was the intention of the parties that the mines and minerals should be included in conveyance, and that the omission arose from an the oversight on the part of the solicitors for the purchaser, which was not discovered until the year 1870, when the vendor, the defendant Spittle (who had died since the institution of the suit), caused

COURT OF BANKRUPTCY.
Monday, Feb. 19.

(Before the Chief Judge.) Ex parte CROSSELY; Re TAYLOR. Power of local court of bankruptcy to order examinations upon the requisition of a creditor Bankruptcy Act 1849, s. 120-Bankruptcy Act 1869, ss. 55, 58, 72, 78, 96. THIS was an appeal from an order of the judge of the County Court, held at Manchester, directing one of two joint trustees of the bankrupt's estate to submit himself to examination. The facts of the case upon which the order was made are as follows: The bankrupt had been in business in a large way as a merchant and commission agent at Manchester. Early in the year 1871 he became to a certain extent embarrassed in his affairs, and in the month of March in that year he privately left this country for America, taking with him three bills of exchange, amounting to about £450 in all. On the 31st March a bankruptcy petition was presented against him, the act of bankruptcy alleged being the fact of his having absconded with intent to delay or defeat his creditors. Adjudication of bankruptcy was pronounced on this petition on the 6th April, and on the 27th April at the first meeting of creditors Crossely and Cumming were appointed trustees, with a committee of inspection, consisting of five members. The bankrupt on his way to America posted at Queenstown a letter to Crossely (which he received before his appointment to the office of trustee) enclosing one of the bills of exchange, and the writer stated that the amount secured by the bill would settle an account owing by him (the bankrupt) to Crossely and a brother in law of the bankrupt named Roffley. The bankrupt also wrote two other letters to different persons, inclosing the other two bills of exchange; and it was in respect of these three bills that one of the creditors took out a summons to examine Crossely. The registrar of the County Court thought that he had no jurisdiction to make an order for the examination, but the Judge was of a different opinion and made the order already stated, and which was the subject of the present appeal by the trustees.

De Gex, Q.C. and Winslow, for the appellants, contended that whatever might have been the power of the court to order persons to submit to examination under the old bankrupt law, it was plain, from sect. 96 of the Bankruptcy Act 1869 that the court could now only make such an order on the application of the trustee. The court provides an altogether different and distinct machinery for investigating the conduct of the trustee. If such an application as the present were to be allowed, no one would undertake the office of trustee when it subjected him to examination upon every trifling charge by a discontented creditor: (Bankruptcy Act 1869, ss. 55, 58; G. R. 243-247.)

Little, Q.C. and F. Knight, for the respondents, argued that the law of 1849 (12 & 13 Vict. c. 106, s. 120) permitted the exercise of this power, and in so doing gave statutory force to what had always been acknowledged as a principle of the bankrupt law; nor was there anything in the Act of 1869 to curtail that power: (Cooper v. Harding, 7 Q. B. Rep. 928.) Ex parte Alexander (1 De G. J. & S. 311) is a distinct authority to prove that any creditor had the right to prosecute such inquiries as the present. Sect. 96 Bankruptcy Act 1869 could not fairly be said to restrict this right. Could it be said that because the section gives a right to A., it therefore by implication takes the same right from B. ? Sect. 78, and Rule 171 read together, clearly preserve to the creditors this power of inquiry. They also cited E parte Lawrence (1 De G. J. & S. 307). (The Chief Judge cited Rule 251.) Even granted that there is another means of obtaining information from the trustee, this by no means takes away the right to examine him as we contend we have a right to do.

De Gex, Q.C. in reply.

The CHIEF JUDGE said that the new Bankruptcy Act was to be read by itself, and no powers which were not contained in it could now be enforced; all the powers which could be brought into action were to be found within the Act itself, and all the practice in bankruptcy was to be gathered from the sections and the rules. The 66th and 72nd sections provided in terms that could not be misunderstood what powers the local bankruptcy courts were to hold. Could anything be found in the words of the 72nd section to control or prevent the power of this County Court from deciding this question of law? The court had full power to set on foot any inquiries which might be necessary to the safety of the In the present instance the court had done this on a formal written application; and it could not be said that harm could accrue to any person from the course which had been pursued. The most plausible argument that had been advanced against this exercise of power was that the court had power, by certain machinery pro

estate.

FRIENDLY SOCIETIES.

vided by the rules, to control the trustee's actions, but he could not think that these rules could Mr. RAIKES asked the Secretary of State for the take from the court the power of examination and Home Department whether the Government invest it in the trustee alone; leaving in the tended to bring in any measure during the present court merely a sort of appellate jurisdiction.session dealing with friendly societies, and whether Nor could it be successfully contended that the any report had been made or may be expected to accident of the person who was to account being be soon made by the Royal Commission appointed also trustee, could shelter him from the exami- to investigate this question.--Mr. BRUCE renation; the relation of cestui que trust and trustee plied that some of the evidence that had been existed between the creditors and the trustee in taken on this subject had been actually reported, bankruptcy, and all questions arising with regard and he was informed that further evidence with to the bankrupt's estate were therefore eminently reference to it would soon be in the hands of within the jurisdiction of the court. The present members. It was, however, not expected that any complaint was that the trustee had not done his conclusion on the subject would be arrived at by duty, and that question it would at any time be the commissioners during the present session, and within the jurisdiction of the court to decide. It it would be absolutely impossible to attempt any would be very hard if, on such a state of facts as legislation in the matter until the report had been the present, the judge could give no immediate made. -Mr. DODDS asked whether the report and efficient remedy. The Chief Judge said, in would refer to building societies.- -Mr. BRUCE conclusion, that he thought the decision arrived at said that the evidence taken before the commisby the judge of the County Court was perfectly sioners would include matters relating to building reasonable, and that he was bound to uphold it. as well as to friendly societies, but stated that the Appeal dismissed with costs. report had not yet been printed. Solicitors for the appellants, Pritchard and En- NORTHCOTE: As chairman of the commission, I glefield; agents for Grundy and Cailson, Man- might state that the forthcoming report would refer to building but not to friendly societies.

chester.

Solicitors for the respondents, Callen, Colley, and Edwards; agents for Storer, Manchester.

LEGISLATION AND JURISPRUDENCE,

HOUSE OF COMMONS. Thursday, Feb. 22. MARRIAGE WITH A DECEASED WIFE'S SISTER BILL.

power

committee on this Bill, he would move that Mr. COLLINS gave notice that, on going into be given to the committee to divide the Bill into two parts-the one relating to so-called marriages of that kind hitherto contracted, and the other to such marriages hereafter contracted.

THE CHANCERY FUNDS BILL.

Sir S.

PERSONAL EXPLANATION.-SIR ROUNDELL
PALMER AND SIR R. COLLIER.

Sir ROUNDELL PALMER.-Sir, I hope the House will permit me to say a few words by way of explanation with reference to a matter that occurred in the course of the debate on Monday last. It may be in the recollection of the House that when my hon. and learned friend the member for Tiverton began to address the House he stated, with reference to the Bill which was before the House last summer as to the Judicial Committee, that in the course of the debate on that measure

he was asked by some one to place an amendment on the paper for the purpose of qualifying the Attorney-General and ex-Attorney-General, and when members of the Bar to be members of the also the Solicitor-General and ex-Solicitor-General, Judicial Committee; and he also stated that the gentleman who made the application to him said that such amendment was thought desirable by Mr. HUNT asked the Chancellor of the Exche. several persons, including myself, and that I felt quer whether any written communications had a delicacy about proposing it because I was in passed between the Lord Chancellor, the Treasury, ex-Attorney-General. I immediately felt it my the Exchequer and Audit Department, the Ac duty to state that that was the first time I ever countant-General in Chancery, the National Debt heard of such a thing, and that I never stated to Commissioners, and the Bank of England, or any any person that I was of opinion that such an of them, upon the subject-matter of the Court of amendment should be introduced. Of course, I Chancery Funds Bill; and, if so, whether he need not tell the House I have always been on would have any objection to lay such communicathe best terms with my hon. and learned friend. tions upon the table of the House? The CHAN-I was perfectly certain that he had stated with CELLOR of the EXCHEQUER.-The Chancery Funds accuracy the information which had been given to Bill is pretty nearly the same as the measure of him, nor could I suppose that anyone would have last year, in the framing of which we had commuintentionally misrepresented me in conversation nications with the Lord Chancellor, the Accoun- with my hon. and learned friend. I therefore tant-General in Chancery, and the National Debt endeavoured to see whether there was anything Commissioners. There were, however, no official that could explain the statement which had been communications, and I am not aware that there made to my hon. and learned friend, and it did were any written ones. There has been no comoccur to me that there was a possible explanation, munication with the Bank of England. We sent which on the same evening I personally commuthe Exchequer and Audit Department a copy of nicated to him. He wishes that that same expla last year's Bill, and yesterday received a communication from them, which I shall have no objection to produce.

THE NEW COURTS OF JUSTICE.

Mr. C. BENTINCK, in prefacing a question that stood upon the paper in his name upon the subject of the new designs for the new Courts of Justice, said that on the 21st inst. he had asked the Chancellor of the Exchequer whether Her Majesty's Government approved the designs which were stated to have been accepted, and that the right hon. gentleman had stated that he did not approve those designs. He understood that during the vacation—(“Order, order.")—The SPEAKER pointed out to the hon. gentleman that he was not entitled to make a speech upon the occasion. (Hear.) Mr. C. BENTINCK believed that, according to the rules of the House, he was entitled to give any explanation of the question he intended to put which did not lead to a controversy. What he desired to say was that he understood that during the vacation certain alterations had been made in these designs, and what he desired to ask the right hon. gentleman the Chancellor of the Exchequer was whether that were the case; and, if so, whether he would consent to exhibit the altered plans in the library of the House of Commons or elsewhere within the precincts of the Palace of Westminster for the inspection of members of that House.- -The CHANCELLOR of the EXCHEQUER replied that although the plans had been exhibited in the library of the House for several weeks during last session, the House could not be brought to pronounce an opinion upon them. Under these circumstances he did not know what good purpose could be derived from exhibiting them again, especially as the works were now proceeding under them.- -Mr. C. BENTINCK gave notice that he should call attention to this subject on a future day and move a resolution in reference to it.

nation should be stated to the House, which I am very willing to do if the House will permit me. (Hear, hear.) It was this-that while the Bill was passing through Parliament, before it came to the state of the second reading here, I was almost daily in attendance upon the Judicial Committee in my professional capacity. When I am there I am in the habit, like other gentlemen, of talking to my professional friends and brethren whom I meet in the room appropriated for the Bar upon passing subjects of the day, and in the course of conversation with a gentleman, whose name I do not at this moment know, and I have not asked my hon. and learned friend the name of his informant with reference to this Bill, after it was understood that the full salaries which are given to judges of Westminster Hall were to be given to the new members of the Judicial Committee, I perfectly remember to have expressed my own opinion that I no longer saw any reason for the restrictive qualifications in the Bill, and I was disposed to think that all persons whom the Queen has power to appoint judges in any of the Superior Courts of Law or Equity should be equally eligible for these new appointments. This is, as far as my memory goes, what I said. No man can pretend to recollect the exact words which passed in a conversation. What I said was not confidential. Those who heard were perfectly at liberty to repeat what I said. And I do not intend to impute to any person a misrepresentation. But if I was supposed to have expressed an opinion in favour of so enlarged a qualification as that which would admit members of the Bar, whether past or present law officers of the Crown, I was misunderstood. It is perfectly true that during the conversation the present qualification was noticed as excluding past and present law officers of the Crown while at the Bar, and I perfectly remember that I did say that because some persons might think I felt ambitious of that situation, I never could take any part whatever in