thereof, and the mode of collection, and the appropriation of Fees in the Courts of Law and Equity, and in all inferior Courts, and in the Courts of Special and General Sessions in England and Wales, and in the Ecclesiastical Courts and Courts of Admiralty; and as to the Salaries and Fees received by the officers of those Courts, and whether any and what means could be adopted with a view of superintending and regulating the collection and appropriation thereof." His object was not to inquire into the propriety of the amount of compensation given to any officers, but to ascertain whether the fees might not be better appropriated for the administration of justice. He considered that the fees ought to be put into one fund, and ought to be applied solely to purposes connected with the administration of justice, with a view to render that administration as cheap and economical as possible. Under the present system more than 100,000l. a year was paid over from the fees received in the courts of common law to the Consolidated Fund. In the county courts lately established the amount of fees far exceeded what was required for the salaries of the officers; and, therefore, the Government proposed that the salaries should be fixed, and that the fees should be carried over to a general fund. He hoped that the Government would take care that no portion of the fund arising from fees was carried to the general expenditure of the country, but that it was applied to the reduction of fees from suitors. der the existing provisions of that Act. He considered that the subject to which his Bill referred was one of no little importance, and he had felt it right to take the earliest opportunity of bringing the matter under the notice of the House. As many hon. Members had not occupied seats in that House during the last Parliament, and might not be acquainted with the transactions which led to the passing of the Act for amending the laws relating to the relief of the poor last Session, he might state that a Committee of Inquiry had sat for several months, and after a protracted inquiry they reported that, with regard to the existing Commissioners, on a review of the proceedings of those Commissioners, they were of opinion that such proceedings had been irregular and arbitrary— that they were not in accordance with the statutes under which the Commissioners exercised their functions—and that they were such as to shake public confidence in the administration of the law. He (Mr. Bankes) was not entitled to say that that was the ground upon which the Government brought in a Bill for altering the administration of the poor-law; but certainly it was the opinion entertained by a very large proportion of the hon. Members who supported that new enactment. was given with a view to a further inquiry with respect to the conduct of the Commissioners; but it was from time to time postSIR G. GREY understood the object of poned and ultimately abandoned because of the hon. and learned Gentleman's Motion the passing of the new Bill, which was to was simply to reappoint a Committee with provide for a new administration of that the same powers and objects as the Com-branch of the law. That Bill passed mittee appointed last Session on the Mo-last June. It occasioned considerable distion of the hon. and learned Gentleman cussion; and he, in common with other who lately represented Kinsale (Mr. Wat- hon. Members, considered that perhaps the son); and to such a Motion he was per- course finally adopted was not the best, fectly ready to assent. He might, how-holding, with other objections, that an unever, say, with reference to the observations of the hon. Gentleman as to the county courts, that what he stated the other night was, that the Government were collecting information as to the amount of fees received in those courts, in order to see whether it might be possible and expedient, at an early period, to reduce the amount of those fees. His own impression was, that such a course would be possible. Motion agreed to. POOR LAW ADMINISTRATION ACT. MR. BANKES rose to move for leave to bring in a Bill to amend the Poor Law Administration Act, by reducing the amount harge to which the public are liable un A notice greater number of paid officers was to be necessary expense was incurred, and that a appointed than was necessary. The House however, adopted the Bill; but from that time to this, it had never been carried into effect. The Government was bound to explain these circumstances, which assumed rather an extraordinary complexion. The existing Commission had received the censure of a Parliamentary Committee-a censure carried by eight to four; and the Government had themselves admitted the expediency of an alteration in the administration of the law by introducing the new Bill themselves, although possibly it might be on other grounds than those which actuated the Andover Committee. And then, man concluded by moving for leave to bring in the Bill. what, too, had become of the old Commissioners? As he was informed, one of them being now a Member of the House, a sec- LORD J. RUSSELL thought that when ond was otherwise provided for by being the House should be informed of the geneplaced (it was said) in a high foreign ap- ral facts relating to the subject, they would pointment, and there remained but one; see that there was no reason for taking the and, in the opinions of many lawyers, if hasty step which the hon. and learned not all, the old Commission could not now Gentleman proposed. There had been be carried into execution, because a board three Commissioners intrusted, since the could not be formed. If the Government Act passed, with the administration of the were prepared to say that they were sa- poor-law, and each of them received 2,000l. tisfied with the services of the one Com- a year, making a total of 6,000l. What missioner who remained, they ought to the Government proposed last Session, and abandon the expensive system proposed which the hon. and learned Gentleman by the measure of last Session. If one seemed to think such a great aggravation Commissioner were sufficient, why have a of the public burdens, was, that instead of paid President in the House of Lords, a those three Commissioners there should be paid Secretary in this House, another paid one President, with a salary of 2,000l., Secretary out of it, and an unlimited num- and two Secretaries with 1,500l., making ber of clerks and inspectors, whose sa- a total expense of 1,000l. a year less than laries were not yet fixed, for the Govern- the former establishment. With regard ment had all along refused to state what to the arrangements which had been under was to be the amount, and required to consideration for carrying into effect the have it left to their decision? If, con- new Act, of course it was not possible for sidering subsequently the distressed state him (Lord J. Russell) to detail the commuof the country, the Government felt that a nications he had had with individuals, or cheaper system might be adopted with to refer to the unwillingness any persons safety, and that they could place con- might have shown to undertake so very fidence in the one Commissioner who re- responsible and laborious offices as those mained, let it be so-but then let that under the new Commission. But the hon. system be embodied in a Bill; let us and learned Gentleman was entirely misnot have a law which said we were to taken in his statement that one Commishave all this expensive machinery, while sioner had been doing all the business of in reality we were content with a much the department. The hon. Member for cheaper establishment. It seemed very Herefordshire (Mr. G. C. Lewis), when he unnecessary to have a paid President became a candidate for a seat in Parliain the House of Lords, because the new ment, resigned his seat at the board, as he board was to include some high officers of had agreed to do; but there remained Mr. State who had really very little to do the Nicholls and Sir E. Head, who continued President of the Council, and Lord Privy to carry on the business of the CommisSeal, for instance; and hon. Members who sion to the present time; but, though they thought the addition of such a President might be willing to do so for a certain unnecessary when we were a prosperous na- time, and to make an unusual exertion for tion, might reasonably feel it improper now, that purpose, that was a state of things when we were so much the reverse. He which it was not desirable to continue. had no desire to detain the House need- He was happy to be able to say, that he lessly from the adjourned debate: he only had now nearly completed the necessary wished that the business to come on after arrangements; and he trusted within a week the Motions was the Bill relating to Ire- or ten days they would be finally completed, land. He trusted that the Government and a President and two Secretaries apdid not mean to follow the unhappy prece-pointed. With regard to the censure passed dent set by the right hon. Baronet (Sir R. Peel), of mixing up a Coercion Bill with other business; it might lead to the like result as in the former instance. If it were so, and if the Bill should be postponed for weeks and weeks, he (Mr. Bankes) should follow the course he took before-doubt their sincerity, and vote against their Coercion Bill. The hon. and learned Gentle by a majority of the Andover Committee, he had stated formerly the reasons why he did not concur in that censure; and he supposed, as no hon. Member had ever ventured to ask the House to confirm the report of that Committee, or agree in the resolution, that it was generally considered that it was not acquiesced in by the House. With respect to another statement of the hon. and learned Gentleman, he was entirely mistaken as to what he supposed would be the course of Government; the Bill for the better prevention of crime and outrage in certain parts of Ireland had not been delivered to Members until Wednesday morning, and it would have been unfair to push on the second reading on this day. Monday next had been fixed, in order that they might have time to consider the provisions of the Bill; but the Government had no intention of postponing any stage of that Bill. On the contrary, thinking it necessary for the preservation of peace and order in Ireland, the Government would proceed with it on Monday, and every day on which they should be allowed by the House. He presumed the hon. and learned Member would not persist in his Motion. MR. DISRAELI did not think the present was exactly the Government that should take the earliest opportunity of depreciating the labours of a Parliamentary Committee. The House could now form an idea what would be the course taken by the Government with respect to the Committee on the commercial distress, and the influence of the Bank Charter Act in bringing it about, if the report should be adverse to the opinion of the Government. It ought to be stated to the House that the hon. Gentleman who was the proper party to take such a step, seeing that he represented Andover, gave notice of a Motion to bring the subject of the decision of that Andover Committee before the House; and the noble Lord, however lightly he might now treat that decision, could not deny that upon that decision he virtually acted. After the report of that Committee was made, he came forward and immediately proposed a great revolution in the means of administering the Poor Law; and the hon. Member for Andover, and those who thought with him, might well be satisfied with the result which had been achieved, and think it unnecessary to pursue it further. But it so happened that, in consequence of the delay of the Government in fulfilling their intention, the same hon. Member last Session gave another notice, that if that delay should not be terminated he must appeal to the House; and his notice was for some time upon the Paper. Hon. Members who were new to the House would not sit there long without knowing how difficult it was for any one not in an official position to bring forward a question of this sort; and it was interfered with by the illness of the hon. Member for Andover, and afterwards by the impending dissolution of Parliament; but, on the one hand, the noble Lord did act upon the decision of the Committee, and on the other, the Members who voted in favour of it did not shrink from vindicating it. As an individual Member of the Committee, he might also express his own opinion, that after the inquiry before that Committee, and after the Government had acted upon their report, it really would have had rather an air of a vindictive character, than have led to any result to the advantage of the public, to pursue the subject any further. MR. FRENCH thought, that whatever cause of complaint the hon. and learned Member might have against the Government for not filling up the vacant places in England, Irish Members had greater cause of complaint that the offices in the poor-law department for Ireland were not filled by Irishmen acquainted with that country. SIR G. GREY reminded the hon. Member that Mr. Twisleton's was not a new appointment; he had been for some years in office in Ireland executing the poor-law, and had acquired great knowledge and experience, and discharged his duties with great ability. Two other Members of the board in Dublin were the Chief Secretary and the Under-Secretary to the Lord Lieutenant, and both of them were residents in Ireland. CAPTAIN PECHELL said, that the noble Lord, by not filling up the Commission, had shown that the censure of the Committee on the Andover union on the poor-law was justified and appreciated by the country. What did these Commissioners say when asked, "Did you ever visit the board of guardians?" They said it was not possible to leave their boards to visit the boards of guardians, to examine into these unions, and see if the assistant commissioners did did their duty. If the business had been conducted during the last three months by only one Poor Law Commissioner, it showed that the Andover union report was founded upon good evidence. He was astonished that the noble Lord should casst a censure on the late hon. Member for Andover, who had devoted himself to the cause, and whose state of health was brought on entirely by his labour in the Committee. The hon. Member for Dorsetshire had placed the case in a fair position, and so had the hon. Member for Buckingham ence to allowances," and so forth. It was not quite fair to move this as an unopposed return, without notice. MR. B. OSBORNE: I gave notice a week ago. shire; and the House was very much in- | debted to the former hon. Member for having started this question. It was now known that three Poor Law Commissioners declared it was not possible to attend the boards of guardians without leaving the work undone at Somerset House, which they considered far more important than going to look after these boards of guardians. He should support the Motion of the hon. Member for Dorsetshire, believing that they should obtain certain good by this discussion. MR. BANKES presumed that the Government did not object to his second Motion. He would wait to see what they did, whether they took any further proceedings after the recess. Motion withdrawn. IRISII ESTATES IN CHANCERY. MR. B. OSBORNE rose to move"That there be laid before this House, a Return from the Registrar's Office of the Court of Chancery in Ireland, of the number of causes, description of property, rental of estates, arrears of rent, when receiver was appointed, and when receiver last accounted; gross amount of costs paid by receiver since his appointment, as allowed in his account, in each county in Ireland, during the years 1844, 1845, and 1846, and up to 1st December 1847; together with a statement of the amount expended on improvements during the same years, since such properties came under the management of a receiver:-Also, a Copy of any General Rules or Instructions given since 1843, for the guidance of receivers in reference to allowances for improvements, or the management of estates, or the letting of lands, by the Lord Chancellor or Master :-And, a similar Return from the Chief Remembrancer's Office, in reference to estates under the Court of Exchequer in Ireland." The CHANCELLOR OF THE EXCHEQUER thought that was not quite in the same shape as the return in Lord Devon's report, and, if so, he should not like to agree to it. Perhaps the hon. Member would either alter the Motion accordingly, or withdraw it and prepare a new one? MR. B. OSBORNE must press for the account of money laid out in improvements, and also for a copy of the general instructions given on that subject. He considered that the abuses in the Irish Court of Chancery with regard to the management of property under receivers were fraught with the most serious consequences. The CHANCELLOR OF THE EXCHEQUER did not know that he should object to the return, but the hon. Member had now introduced fresh words beyond his notice, and asked for a copy of any general rules or instructions given since 1843 for the guidance of receivers in refer 66 MR. G. A. HAMILTON recommended the hon. Member to postpone the Motion at present. MR. GUINNESS trusted his hon. Friend would not withdraw his Motion, because there was no subject whatsoever which could come under the consideration of the House of so much consequence as that to which the hon. Member for Middlesex had adverted. He was one of that unfortunate class called receivers under the Court of Chancery in Ireland. He had for 25 years earned his bread as a receiver under that court; there was, therefore, no Gentleman in the House, perhaps, who had had the same opportunity of observing the working of the system, or of knowing the abuses that prevailed in it. Anxious as the House must be to ameliorate the condition of persons occupying property in Ireland, he felt it easy to convince the House that there was no class of property in that country which required their protection so much as that which was placed under the jurisdiction of the Court of Chancery. Such were the evils of the present system, that it was absolutely necessary either to remove the property altogether from the jurisdiction of that court, or greatly to enlarge the powers of the court in regard to its management. He would mention three cases that came within his own personal experience. He was the receiver of an estate in the counties of Cork and Tipperary, of a rental exceeding 2,000l. a year. That estate had been under his care twenty-one years; and in that twenty-one years not one single shilling had been expended to improve the condition of the tenantry. The second case was that of a property in the county of Mayo, the rental of which was 4,500l. That had been nine years under his care; and in the course of those nine years 1681. was all that had been expended to improve the estate. The third case was that of property producing a rental of 10,6007. It was principally situated in the county of Westmeath. Out of that property, which had been ten years under the jurisdiction of the Court of Chancery, he, as the servant of that court, and obeying its orders, had expended, during those ten years, for improvements, a sum not amounting to 6007. He humbly submitted to the House that these three cases, which were but a minor part of the cases that came under his own any similar remedial measures in cases knowledge, constituted good ground for the where persons have been convicted and Motion of his hon. Friend, and for his hon. sentenced, and afterwards discovered to be Friend bringing the subject under the con- innocent? A case had recently occurred sideration of the House. He trusted that where a young woman named Mary Ann when the House authorised a transfer of Turford had been found guilty of stealing the management of the property of Ireland a watch, and sentenced to six months' iminto the hands of the Court of Chancery, prisonment, and afterwards her innocence they would also oblige or enable the court was clearly established, and another perto exercise not merely the rights of a land- son was convicted on his own confession of lord, but also his duties. He felt this sub- the felony. A person of the name of Thoject strongly; and he trusted his hon. mas Whalley was sentenced at the StafFriend would press his Motion. Not one ford assizes to transportation for fifteen hour was to be lost; because those very years, and after suffering eight months' properties were universally throughout Ire- imprisonment he was proved to be innoland the seats of factious sedition and dis- cent, and was forthwith discharged. These organisation. He would just point out to and similar cases clearly showed that some the House what were the effects of the ex- tribunal of appeal ought to be instituted, penditure, small as that expenditure was. where the suffering parties might obtain Out of the estate returning 10,600l. a redress. The late Sir S. Romilly brought year, he had received, during the ten in a Bill upon the subject, and one of its years, more than 100,000l., upon which, provisions was to give compensation to the as he had stated, only 6007. had been ex-persons injured. That measure, however, pended, and that during the last three did not become law. In civil cases there years, being an expenditure of about 2001. were courts of appeal. It was true that And what had been the consean error in the indictment might be quence, even of that petty outlay? Why, made the subject of argument before the in the year 1845 he received 1,000l. Judges; but where the evidence as to the more than the year's rent, being 1,000l. offence was alone in question, there no apon account of former arrears; in 1846 he peal lay, and the verdict of the jury was received another 1,000l. over the year's conclusive. About twelve years ago he rent; and in 1847, during all the distress endeavoured to legislate upon this subject, which had pervaded the whole country, he but he did not meet with sufficient support received 600l. more than the year's rent. to encourage him to proceed. Since then Sir This he considered a most remarkable fact, Fitzroy Kelly brought in a Bill on the same and worthy the attention of the House. subject; but circumstances prevented his going on with it, and he was now, unfortunately, not a Member of the House. In his opinion, no one could undertake the measure so satisfactorily as the Government; he, therefore, begged to ask the right hon. Gentleman whether the Government intended to introduce a Bill upon the subject? a year. SIR G. GREY had no intention of disputing the importance of the subject to which the Motion of the hon. Member for Middlesex referred. The statement which the hon. and learned Gentleman (Mr. Guinness) had just made, would have been sufficient to remove all doubt upon that point; but he thought the hon. Member for Middlesex laboured under some misapprehension as to what had fallen from the Chancellor of the Exchequer. His right hon. Friend did not object to the substance of the return; he only wished to have its precise terms placed before him, previously to its being agreed to. For this reason he (Sir G. Grey) would suggest that the Motion should for the present be withdrawn, and brought on again in an amended form. Motion withdrawn. COURT OF CRIMINAL APPEAL. MR. EWART rose to ask the Secretary of State for the Home Department whether it was the intention of Government to institute a court of criminal appeal, or adopt SIR G. GREY did not consider it a very convenient mode to bring such an important subject forward in the shape of a question. Were he to enter upon its discussion, a very considerable portion of time would necessarily be occupied. With regard to all the cases mentioned by the hon. Gentleman, his opinion was, that if the measure of Sir Fitzroy Kelly had been passed, it would not have afforded a remedy in any of those cases more speedily than had been rendered by the system that was at present practised. The hon. Gentleman, however, very much underrated the difficulties attending the establishment of a criminal court of appeal. Sir Fitzroy Kelly brought in his Bill in the early part of the |