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had been drawn up under the auspices of the Newcastle Chamber of Commerce, and had been approved at a large meeting of delegates from the Associated Chambers of Commerce throughout the country. That the subject with which it dealt was one of considerable interest and importance, was shown by the fact that a great many petitions in its favour had been presented from all our principal seaports, with the exception of London and Liverpool, which were not so active in the matter for the good reason that the former possessed a Court of Admiralty which transacted a good deal of business in the way of the settlement of shipping disputes, while the latter also had a court presided over by a most able Judge skilled in mercantile law, by whom those disputes were decided. He had, he might add, received a number of letters on the subject, one or two extracts from which would fully explain the nature of the grievance of which the mercantile shipping interest complained, and for which, by the Bill, it was sought to provide a re

ford as to the appointment of sheriffs, and he held in his hand a Return of the going Judges of assize in the district in which Waterford was situated. Each of these Judges of assize was Roman Catholic, and it was well known that upon the recommendation of the Judges the Lord Lieu tenant made the appointment to the office of sheriff. In 1861 a Protestant was returned to the Judge, and stood first on the list, and he was appointed. In 1862 a Roman Catholic was placed first on the list, but he declined; and a Protestant, who stood second, was appointed. The same thing occurred in 1860 and in 1863. He would ask was there any sectarian spirit evident in this? In 1864 and 1865 the shrievalty was offered to Roman Catholics and declined. He would therefore put it to the House whether there was any real hardship under such circumstances, or whether there was any real grievance to complain of. If Clauses 7 and 12 were removed from the Bill, it would be more likely to obtain the favourable consideration of the Government. The hon. Mem-medy. In a statement which had been ber might rest satisfied that if he could lay before the Government any case involving a real grievance, they would be happy to do all in their power to provide for it a remedy, and he trusted that, satisfied with that assurance, he would assent to the withdrawal of a Bill so crudely framed that it was not desirable it should pass into a law.

MR. VANCE said, he had come down to the House with the intention of opposing the Bill, and was glad there was a prospect that he would be spared the trouble of entering into any lengthened argument with that object. The provisions of the Bill would affect, not only Waterford, but other cities in Ireland, and, among them, Dublin, whose interests would be prejudiced by the proposed transference of the power of appointing so responsible an officer as a sheriff from the Government to the corporation. Hitherto, as a matter of fact, the most eminent citizens of Dublin had been chosen to fill that office without any distinction of creed or party.

Motion, by leave, withdrawn.
Bill withdrawn.

MERCHANT SHIPPING DISPUTES BILL.

[BILL 90.] SECOND READING. Order for Second Reading read. MR. DENMAN, in moving the second reading of this Bill, said, that the measure

forwarded to him by a considerable ship-
ping firm in Newcastle, they described the
decisions of the present courts for the
settlement of shipping disputes as being
so unsatisfactory, and the cost of the pro-
ceedings before them so enormous, that
many persons preferred submitting to any
amount of injustice rather than bring or
defend such actions as the law now stood;
referring, in illustration of their statement,
to an instance which had come under their
own observation in which the question of
the damage done to a particular vessel
might originally have been settled for £6,
had ended, after considerable litigation, in
the ship having been sold for £600 and
£700, which amount had, no doubt, been
completely absorbed in costs.
He had
also a communication from a firm of emi-
nent ship and insurance brokers in London,
in which they said that a constantly in-
creasing number of shipping disputes was
being settled by unprofessional persons,
owing to the difficulties and expense con-
nected with the present system. Many
persons, they went
to state, who
suffered injury quietly bore their loss rather
than make any attempt to obtain redress.
The existence of such a state of things
was naturally looked upon by the shipping
interest as a grievance, while they also
complained that the Judges by whom the
mercantile law of the country was admin-
istered were apt very often to pronounce a

on

decision upon written documents, acting upon their own view of the provisions which those documents contained, without any special knowledge of mercantile terms or usages. The subject, no doubt, was difficult to deal with; but he could not accept any discredit for having brought forward this measure at so late a period of the Session; for he had put down the second reading on the notice paper several times, and had been twice counted out. It was not, therefore, his fault that the measure had not been pressed on the notice of the House earlier. Having stated the grievances which were felt in regard to this subject, he would briefly inform the House what the remedies for those grievances were which the Bill provided. It was, in the first place, proposed that the measure should be applied to certain districts into which for that purpose the country would be portioned out, and which should include our great shipping ports, and each of which should contain one or more County Court district. The Bill further provided that courts should be constituted in those districts, and that they should consist of one President and Assessors; the President to be appointed by the Lord Chancellor, and to be selected from persons holding the office of County Court Judge, Commissioner or Registrar of the Court of Bankruptcy, or stipendiary magistrate. The Assessors might be persons in business as merchants, manufacturers, or shipowners, who would be chosen in rotation for the duty by the town council of the borough within which the sittings of the Court are appointed to be held. These Assessors it was not proposed by the Bill to remunerate, but then they would be allowed certain privileges-such as exemption from serving on juries-but he thought the office would be considered so highly honourable that there would be no difficulty in finding gentlemen to act gratuitously. The advantage of the selection of such a class of persons as Assessors would be that the Judge would have persons experienced in business in the district in which the dispute might happen to arise to assist him in construing the written documents to which he had already referred. There would be an appeal from the Courts constituted under the Bill in those cases in which the sum involved was above a certain amount; and the result of the operation of the measure, he believed, would be cheap and speedy decisions. He regretted that he had been unable to bring the Bill on for second reading at an earlier period

of the Session. If he could have done so he should have moved that it should be referred to a Select Committee. As it was, he hoped he should hear from the Government that they were prepared to deal with the subject, and should for the present content himself with moving the second reading pro formâ.

Motion made, and Question proposed, "That the Bill be now read a second time."-(Mr. Denman.)

MR. HEADLAM said, he could coroborate the statement of his hon. and learned Friend, that the Bill had originated with the Newcastle Chamber of Commerce, where the evils it sought to remedy were much felt, and had received the approval of the Associated Chambers of Commerce. Under all the circumstances of the case he hoped his right hon. Friend the President of the Board of Trade would give his serious attention to the subject, with a view of remedying the evils complained of.

MR. MILNER GIBSON admitted that the subject was one which was deserving of the fullest consideration of the Board of Trade-he was also prepared to grant that it was important technical knowledge should be at the command of a Judge who had to come to a decision on cases in which such knowledge was requisite; but, then, he was not of opinion that the Judge ought necessarily to be a man who had followed the calling out of which such cases arose. The Assessors who were to be appointed under the Bill were, he found, to have votes; so that they would, to all intents and purposes, be Judges in a cause in which, independent of other considerations, they might, as manufacturers and traders chosen by the Town Council of the borough nearest to the place at which the Court sat, have a personal interest. This, he thought, involved a principle which could not be admitted. He had no doubt that there was under the present system great delay as well as expense in dealing with the cases which arose, and it was a question deserving of consideration whether a Judge of the Court of Admiralty should not go circuit, and be assisted by Assessors, rather than that novel local courts should be established. It would, for instance, hardly be desirable to refer for decision to a court in which shipowners might have a preponderating influence the question of wages; which could, he thought, be more satisfactorily dealt with by the magistrates on the spot.

Nor was he, he might add, quite sure that the parties to an action would be relieved to any great extent from expense under the operation of the Bill, inasmuch as it would almost invariably happen that when ever a collision between vessels occurred those interested in the subsequent proceedings would be found to be residing at a distance from the scene of the occurrence. If, however, his hon. and learned Friend would allow the matter to rest for the present Session he would undertake that it should receive, during the recess, the fullest consideration, and possibly the Government might be able to propose some satisfactory measure on the subject.

MR. HENLEY thought the President of the Board of Trade had given very satisfactory reasons why the House should not proceed further with the measure. It was probable that owing to the extension of our shipping operations the number of disputes in question had considerably increased, and it was of course desirable that those disputes should be settled as expeditiously and as inexpensively as possible. He did not think, however, that the Court proposed by the Bill would form a satisfactory tribunal. The Court was to consist of a Judge and four or five gentlemen who were to act as his Assessors; but they were all to have an equal voice in deciding both questions of law and questions of fact. The sound principle was that the Judge should lay down the law, and the juries decide as to the fact. Nor did he think that the Admiralty Court was so very popular that the establishment of an unlimited number of small Admiralty Courts, as was proposed, would be regarded by the country in the light of a blessing. He was, however, glad that the right hon. Gentleman the President of the Board of Trade intended to turn his attention to the subject, for it was deserving of consideration whether local courts might not be constituted with power to deal with cases in which the amount involved was under £50. Many of them would probably be better settled by means of arbitration than by any other mode.

THE SOLICITOR GENERAL said, that though he should be disposed to support any measure which had for its object the localizing and cheapening actions in shipping cases, he regarded the tribunals which it was proposed under the Bill to constitute as altogether novel, combining together as they would the duties of Judge and jury. To the establishment of such

tribunals, therefore, he would not give his assent, while he could assure his hon. and learned Friend the Member for Tiverton that the Government were anxious to afford every facility to meet the views of the promoters of the Bill.

MR. J. B. MOORE said, he believed that the establishment of a speedy mode of settling those suits was extremely desirable, and he thought their thanks were due to the hon. and learned Gentleman who had introduced the Bill, although it might not be expedient to pass it in its present form.

MR. CAVE said, there was no doubt that some such Bill as that was demanded by the mercantile and shipping community of this country. The measure might, he believed, be somewhat better framed, but it appeared to him that its principle was perfectly correct namely, the principle that a mixed tribunal, consisting of both legal and commercial gentlemen, should be established for the settlement of these cases. He thought, however, that the Court should be presided over by a lawyer. Legal education was essential. He knew an instance of a practical man, as the term was, being arbitrator in a shipping case, and re-opening matters of fact which had been agreed upon on both sides. On the other hand there was as much hard swearing in shipping, especially in running down cases, as in horse cases, and the presence of nautical men as assessors with diagrams, who could. cross-examine witnesses, as to the wind, tides, and tack the ships were on when the collision occurred, would be very useful. The Bill was crude and imperfect, but might be the precursor of a really useful measure.

Motion, by leave, withdrawn.
Bill withdrawn.

BANK NOTES (IRELAND) BILL. [BILL 124.] SECOND READING. Order for Second Reading read.

SIR COLMAN O'LOGHLEN, in moving the second reading of this Bill, said, its object was twofold-to make Bank of England notes a legal tender in Ireland, and to do away with some restrictions which now injuriously affected banks of issue in the latter country. As things at present stood, the only legal tender in Ireland was gold, which produced inconvenience when the sum to be paid was large; and in the case of a pressure for money in Ireland gold had to be sent over from London.

Country banks in Ireland were obliged to | tion, undoubtedly applicable as a general pay all their issues in gold; while ever rule, to every proposition that the House since 1834 a Bank of England note was a should commit itself in the abstract to legal tender for a country bank in Eng- views of legislation admittedly impossible land. It was a monstrous thing that a to be carried into effect at the time; nor Bank of England note, a legal tender at would he object to the Bill as an attempt this side of the Channel, ceased to be so at piecemeal legislation, for that was the on crossing the water. It might be said characteristic of most of our financial that the same argument would apply to a measures. But there were many special bank of Ireland note. The bank of Ire- considerations surrounding the main proland, however, was, in fact, a private positions of the Bill to which he should bank, while the Bank of England had al- find it most difficult to give his assent. ways been in close connection with the The Bill touched not only the question of Government and had more of a national currency, but also the question of legal character, and everything which affected tender, the most delicate and difficult, the Bank of England injuriously affected probably, of all the considerations conthe whole commercial class of the Empire. nected with this extensive subject. In Another reason for making a Bank of Eng- reference to this question he must say that land note a legal tender in Ireland was that the proposals of his hon. and learned it would promote free trade in banking in Friend were altogether premature. There that country, where the Bank of Ireland was, no doubt, a good deal of force in the had not dealt liberally with the public or argument, applicable to Scotland as well the other banks as regarded its powers of as to Ireland, that where there was a issue. The other object of the Bill was limitation upon the issue of notes, a limit to remedy a grievance banks of issue in practically, though indirectly, was imposed Ireland much complained of. As the law upon banking; but, supposing even that now stood, every bank note in Ireland was a new legal tender ought to be established made payable at the place where it was in those parts of the kingdom, it would issued, and the consequence was that con- remain a question of very great importsiderable quantities of gold were kept lying ance, and one regarding which the House idle in the local branches and the formation at present was totally disqualified from of branch banks was discouraged. He pro- pronouncing any opinion, whether that new posed that for the future bank notes should tender ought to be the English bank-note. be made payable at the head office only, as The immediate consequence of establishing in Scotland, of the bank which issued them. the £5 English note as a legal tender in At the present stage of the Session it was Ireland would be that the action of the hopeless to expect that the measure could Bank of England would be carried into pass. The Belfast Banking Company, Ireland, both as an issuing and banking however, had petitioned in favour of the body. The Bank of England had not principle contained in the Bill; the Royal been consulted on that point; but, as far Bank in Dublin passed a resolution in fa- as his opinion extended, it found ample vour of it, and other establishments, though responsibility and ample profit in dischargthey had not taken any active steps, also ing the very weighty and multifarious looked on it with favour. After some fur- duties attaching to it in its present sphere. ther observations the hon. Member con- If he might venture to anticipate the decluded by moving pro formâ the second cision of the Bank, it would pause before reading of the Bill. it accepted such a new responsibility; for of England note went the Bank must estabthis was plain-that wherever the Bank lish agencies at which the note could be cashed, otherwise the very note by law made a legal tender would at once be at a discount. His hon. and learned Friend seemed to think that the measure would be of advantage to the Bank of England, inasmuch as it would tend to prevent drain of gold from the Bank to Ireland. But the Bank of England did not care whether it paid in notes or gold, its power of meeting all its issues being amply pro

Motion made, and Question proposed, "That the Bill be now read a second time."-(Sir Colman O' Loghlen.)

THE CHANCELLOR OF THE EXCHEQUER said, it had been his fortune more than once in following his hon. and learned Friend (Sir Colman O'Loghlen) to admit the clearness of his views and the ability of his arguments. He must, however, dissent from his proposal that this Bill should be read, even pro formá, a second time. He would not dwell upon the objec

vided for. Although the Government were far from paying absolute deference on such a point to the views of the Bank of Ireland, it was fair to remember that the Bank of Ireland objected to this measure; and a great deal of consideration would be requisite before it could ever be adopted. Her Majesty's Government did not deny that there were various points connected with the currency in Ireland rendering it a subject deserving of attention, but the present was not a convenient or proper time for asking the House to affirm a general principle such as that laid down in the Bill.

MR. VANCE said, that however ingenious might be the proposals contained in the Bill, or the arguments put forward in its support, he could not regard as a patriotic proposal the suggestion that a great corporation like the Bank of Eng land should be brought across to Ireland and encouraged to enter into competition throughout the country with all the native banks. This very subject of legalizing the tender of a Bank of England note had been brought under the consideration of the Select Committee of 1858, composed of many of the most eminent and experienced men of the day, with whom he had enjoyed the honour of being associated, and the unanimous opinion of that Committee was opposed to taking any action in the matter. The directors of the Bank of Ireland were examined before that Committee, and they simply proposed that their notes should be made a legal tender in Ireland. The late Sir George Cornewall Lewis thought, under the circumstances, that was a reasonable proposition; but such an enactment had never been proposed. No practical inconvenience resulted from the present arrangement, for the rate of exchange, once very high, had fallen to a point only equalling what would be requisite to cover the transmission of gold between the two countries. The question was one that, if taken up at all, ought to be left in the hands of the Government, and the hon. and learned Baronet, he thought, would act wisely in withdrawing the Bill.

resources of the country; but it was impossible to do this without the aid of a liberal and sound system of banking. Now, the banking system in Ireland was of the very opposite character. He hoped that the Chancellor of the Exchequer would turn his powerful intellect to that question with the view of altering the law relating to it. He trusted that before long the whole law of Ireland would be revised.

MR. BLACKBURN was also glad to hear the Chancellor of the Exchequer say that the present banking systems both in Scotland and Ireland were in some respects unsatisfactory. He (Mr. Blackburn) had brought in a Bill last night upon the subject as regarded Scotland, but without the slightest hopes of its passing into a law. The general feeling appeared to be in favour of free trade in banking. He trusted that the Chancellor of the Exchequer would devise an effectual remedy for the evils complained of.

SIR COLMAN O'LOGHLEN said, he
would withdraw his Motion.
Motion, by leave, withdrawn.
Bill withdrawn.

EDUCATIONAL AND CHARITABLE
INSTITUTIONS BILL-[BILL 97.]

SECOND READING.

Order for Second Reading read.

MR. LYGON, in moving the second reading of the Bill, said, that he had introduced the measure at a much earlier period of the Session, but this was the first opportu nity that had presented itself of moving the second reading. The measure dealt expressly with institutions connected with the Church of England, and Nonconformists were not intended in any way to be affected by its provisions. If it could be shown that their interests were touched in any way by the Bill, he would most willingly consent to any alteration of the measure that would remove all doubts on that point. A Bill was introduced last Session to afford facilities for Divine ser vice in collegiate schools; but the measure now proposed was much larger in its scope, LORD FERMOY thought that at this and much more satisfactory. Under the period of the Session it was futile to dis- parochial system, as at present existing, cuss this important question. He was, it was impossible for any clergyman to however, glad to hear the Chancellor of perform Divine service in any part of a the Exchequer admit that the whole bank-parish without the consent of the incum ing system of Ireland was in an unsatis- bent; and hence it followed that the infactory state. In Ireland there was a cumbent had the option of prohibiting the great desire to develope the agricultural performance of Divine service in any insti

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