while there was now only four appeals to the House of Lords from Ireland with its population of seven millions, and only eleven from England with its population of fourteen millions, there was thirty-eight from Scotland with its population of three millions. The Commissioners did not recommend, he was happy to say, the abolition of special pleading, but they suggested amendments which were embodied in a Bill that was passed; and that Bill had worked admirably.

The

The Bill before the House was founded on the recommendations of the second report of the Commissioners made in April; and some of the recommendations of the Commissioners he proposed to adopt. The first was one that would, no doubt, startle many persons, but one to which he was to a great extent a convert. Commissioners did not propose to get rid of juries, but they recommended that whenever both parties wished the matter of fact to be tried by the judge without a jury, it should be competent to have it so decided. He was not prepared to go to that extent. He proposed that, whenever the parties were agreed that the matter should be tried by the judge, if he thought fit he might so decide any particular cases or case that came within a certain class, if a general classification were fixed upon. He did not think that they ought to begin by fixing upon the judge the trying of certain cases. Actions of a personal nature, as, where a husband brought an action for an injury respecting his domestic happiness —where a father brought an action for the seduction of his

child-he did not think that the judge ought to be placed in the invidious position of having to decide such cases until the proposed alteration had been tried. Then many cases were found to be mere questions of accountbook; which, after all the expenses were incurred, were referred to an arbitrator. To get rid of this discreditable procedure, the Commissioners proposed that certain facilities should be given by which parties in these questions of account-books might go to some referee without coming before the court, and so save all the expenses thrown away in the present proceedings. It was suggested that these matters should be referred to persons selected either by the parties themselves or by an officer of the court, or, what would be very useful indeed, to the County Court judge, to make a report on the question, on which the courts might act.

It was also proposed that the qualifications of jurors should be somewhat raised, and that there shall be but one panel. When the jury was assembled, a different mode of proceeding had been recommended. In order to give the plaintiff's counsel an opportunity for replying, it was proposed that, at the close of the plaintiff's case, the defendant's counsel should state whether he meant to call witnesses; and if he did not, then the plaintiff's counsel, at the close of the examination of his own witnesses, might again address the court. Another provision gave the judge power to order refreshments for juries; and if at the end of (say) twelve hours, a jury was not unanimous, they should be liberated,

It

and a new trial take place. was also proposed to permit persons prevented by conscientious scruples from taking an oath to give evidence, after the judge, on examination, was satisfied that the objections were true and honest. At present they were placed in this position: they would not listen to what a man had to say, although so strong and conscientious was his feeling that he ought to discharge his duty honestly that he would go to prison rather than utter a single word against his conscience. The oath would remain as it now was; but the exception in favour of Moravians, Quakers, and Separatists, would be extended to all persons who had conscientious scruples against taking an oath.

Besides these, the Lord Chancellor stated other provisions, to enable the plaintiff to demand answers to interrogatories, instead of the special plea of "not guilty;" to give the Common Law Courts power to grant injunctions restraining further offences, as well as give damages in such cases as the infringement of a patent; to extend the principle of foreign attachment; and to provide that an equitable defence might be pleaded in bar to

an action.

The bill was well received in both Houses, and subsequently became law, having been but slightly altered in its passage through Parliament.

Another important measure which had been recommended in the Queen's Speech was brought forward in the House of Commons by Mr. Cardwell, on the 3rd of February, who in a Committee of the whole House moved VOL. XCVI.

for leave to bring in two Bills for the "Further amendment of the Navigation Laws;" one Bill "to strike off the last remaining fetters from the free navigation of the sea"-to throw open the coasting trade to foreign vessels; the other to consolidate and amend those laws which, since the repeal of the Navigation Act, had passed for the benefit of British shipping. The second Bill (he said) would consolidate the law with respect to registry and measurement, abolishing the registry ticket, and introducing the greatly improved system of measurement known as Captain Moorsom's;-also with regard to the discipline of crews under the master; with regard to safety in better securing the certified competency of masters in the home as well as the foreign trade, and inquiry into accidents with the local assistance of the Trinity Board; and also with regard to lights and pilotage. He proposed to appropriate a small sum from the Board of Trade funds for the purpose of organising the life boats on the coast, so that more life might be saved. Mr. Cardwell reported that the recent changes in the Navigation Laws had worked well; not realising the apprehensions of overwhelming foreign competition. Wages were higher than ever, and freights higher: there were not enough British ships for the purposes of the coasting trade; while fleets of foreign ships entered the Tyne in ballast. Last year, 190,000 seamen left the ports of the kingdom; and during the first three months of the operation of the new manning clause there were only 2,500 foreign seamen. And our shipping trade and com[L]

merce increased by 2,282,6391. in 1851, by 2,564,4291. in 1852. It was on such grounds that, after mature inquiry and deliberation, Ministers resolved to adopt the postponed measure of abolishing the exclusion of foreign vessels from our coasting trade.

This measure also passed both Houses of Parliament, and became law.

66

The vice of public gambling had received a considerable check by the Bill of the Attorney-General, for the Suppressing of Betting Houses, passed in the previous session of Parliament. But the impunity with which, as far as regarded the operation of the law, the vice continued to be carried on in private houses, and the deplorable results it produced, showed most strongly the necessity of giving to the civil magistrates further and more stringent powers for its suppression. For this purpose a Bill for the Suppression of Gaming Houses" was introduced by the Attorney-General, and carried through Parliament. Its chief provisions were:-First, it was made a distinct offence to fortify any house or apartments therein against the access of police officers when properly authorised to enter. Secondly, it was made penal to give a false name and address to the magistrate when brought up for examination. Thirdly, the magistrate might select witnesses from among the parties who might be charged on suspicion under the Bill, and whose testimony would be available against the other defendants. Fourthly, when the police found cards, dice, or other instruments of gaming in any house, the onus would rest upon the occupants of

proving that the place was not a gambling house under the provisions of the law.

Such, with the addition of an Act for the repeal of the Usury Laws, were the measures affecting the laws and their administration, passed, during the session.

Several other measures for the alteration or amendment of particular laws were introduced to Parliament, but were either withdrawn or rejected. Amongst the former was the Testamentary Jurisdiction Bill, brought in by the Lord Chancellor, the object of which was the transfer of the jurisdiction of the Prerogative Courts to Chancery; the Divorce and Matrimonial Causes Bill, which proposed to establish a tribunal for granting divorces, and to transfer all other matrimonial causes to the Court of Chancery; and Mr. Baines' Pauper Settlement Bill, which prohibited the compulsory removal of poor persons from one parish to another on the ground of settlement. Some proceedings on the part of his colleagues with respect to the Bill, induced Mr. Baines temporarily to resign his office. But the whole matter was explained by him in the House of Commons on the 20th of March, when he said: "He had introduced the Removal and Settlement Bill in a form which was in accordance with the recommendations of 1847, and had been asked whether it referred to Irish paupers. He replied that it did not. When the Bill was within a few days of the second reading, some Irish representatives had addressed a memorial to Lord Palmerston, and had obtained a decision that Ireland

ought to be included in the Bill, a decision given without his being aware of it. On reflection he had been satisfied that no personal disrespect was intended to himself, but having at heart the interests of the Bill as it stood, and as the Irish Members and others thought that this Bill was to be moulded to include Ireland, while he was convinced the Irish question was not ripe for legislation, he conceived that, by retaining his office, his character and efficiency as a public servant would be impaired. He had, therefore, resigned on Tuesday last; but the Premier having expressed a strong wish that he would reconsider his decision, for the sake of the public service, he had taken the opinion of two friends (a noble Lord and right hon. Member) upon it, and, in accordance with their advice, had withdrawn his resignation, but reserved a right to renew it if he were unable to acquiesce in the measures Government might produce on the subject."

After some further explanations and compliments to Mr. Baines from several Members, Mr. Dis

raeli sarcastically observed that it was a remarkable circumstance that within twelve months five members of the Administration had felt it their duty to resign office, and almost immediately to return to their posts. He thought some machinery might be devised by which these internal bickerings might be terminated without being divulged to the country. A court of arbitration might be difficult to construct; but he ima gined that recourse might be had either to the youngest bishop or to some retired diplomatist, whose intervention might prevent the repetition of scenes always to be deplored.

A Bill was introduced by Mr. Locke King, "to amend the law of succession to real property in cases of intestacy." Its object was to apply to real property the same law of succession as regulated that to personal property. The measure was, however, rejected in the House of Commons upon the second reading, after a debate in which several of the

leading Members on both sides took part. The numbers were 203 against 121: majority 82.