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rided for the abolition of church rates except for the repair of the parish church , as a national institution . Fhe present bill proposed , with regard to the formation of parishes , -to enlarge the powers of Sir Robert Peel's Act , by enabling tie Ecclesiastical Commissioners to form separate districts , whether there were churches or not in the district , so thai they could assign districts to existing churches- The bill also proposed to extend the principle of vesting the patronage of endowments in the hands of parties contributing towards the endowment . As the bill then stood , he intended that the patronage should be vestedin any person who built a church and endowed it with not less than £ 40 a year , or who , not having contributed
Australia and England ; half of the expense to be borne by the Australian colonies and half by this country . The vessels are to call at King George ' s Sound , Melbourne , and Sydney , with a branch service to Adelaide , Van Diemen's Lard , and New Zealand . BRITISH SHIPS IN RUSSIAN POBTS . Mr . Joseph Ewabt inquired " whether it will be lawful to despatch British ships with cargoes to Russian ports during the armistice which is about to be concluded ; and , in that case , would articles contraband of war , &c , be exempt from such permission ?"—Lord Palwersto'K stated that he would strongly recommend persons engaged in such business to wait until the terms of the armistice are seen .
formed their duties . The object of his motion and of the speech with which he accompanied it was to show that three of those judges are incapacita ted b y the in firmities of age from performing their duties ; their ages being respectively eighty-two , eighty-four and eighty-five . The oldest of the three ( Baron Pennefather ) is labouring under partial blindness—Mr . Kennedy having moved the omission of word s , the effect of which was to make the return apply to all judges , Mr . Napier , with great warmth , defended the judges , and denounced the motion , to which he said the Government was accessory . Judge Torrens was as fresh in the face as Lord Palmerston . "Was age a crime ? Was the House prepared to follow up its
motion by an address to the Crown ? If so , let Lord Lyndhurst be asked to make the motion in the House of Lords . It could not be shown that ia any case justice had failed on account of the alleged infirmities of the judges : the present attack , therefore , was most cruel . —Sir George Grey repudiated the insinuation of Mr . Napier , that the government had entered into a compact with . Sir John Shelley . The infirmities of the judges , it appeared , had been exaggerated , and they generally attended to their duties satisfactorily ; but he thought the motion should be agreed to . —Mr . Disbaeli spoke in favour of the judges ; attacked the Government for its " spiritless and unworthy course ; " and reminded the House that neither age
nor blindness necessarily incapacitate a judge for discharging his duties , and that a blind rnan wrote the greatest poem of modem times , and a blind general captured Constantinople , an aehievment which the Czar failed to accomplisli . —Sir Frederick ThesIger expressed similar views with regard to the blindness of judges , in opposition to the Attorney-General , who held a different opinion . — -The motion was opposed by Mr . Stuart Wortley ( who held ., nevertheless , that blindness is a disqualification ) , by Mr . George , Sir . Robert Ferguson , and Mr . John
Phillimore . —Mr . Henry Bruce spoke in favour of the motion ; and Lord Palmerston indignantly repelled the imputation made by Mr . Napier against the Government . While agreeing ; with the Attorney-General that blindness incapacitates a j u ' , and while recommending the withdrawal of the motion , as more respeoful towards the venerable persons in question , the Premier said tbat , if pressed to * division , he must support it . —Sir John Sueixet briefly replied , and the House divided on Mr . Kennedy ' s amendment , which was negatived by 134 to 120 . The division on the motion itself showed : — For , 132 ; against , 121 . Majority in favour , 11 .
THE BRITISH FLEET IN THE CHINA 8 EAS . Sir Charles Wood , in answer to Mr . Henry Baillie , stated that he did not think it desirable to lay upon the table the despatches of Admiral Stirling relative to the proceedings of the British fleet in the China seas .
CONSOLIDATION OF THE STATUTE LATV . Sir Feezroy Kjeljly asked leave to bring in two bills—one to consolidate the statute law relating to offences against the person ; and the other to consolidate the statute law relating to bills of exchange and promissory notes . These bills , it was proposed , should belong to a series , having for its object the consolidation of the entire statute law of England . He proposed , not to codify ( which he thought , impracticable ) , but simply to consolidate , the statute-book . The law is now comprised in about thirty-five or forty large folio volumes ; and judges and attorneys , who may wish to ascertain the written law on a given subject , must either rely on a text-book , or go through the
whole forty volumes , containing one thousand pag © 3 each , and , in all , about twenty thousand acts . Later enactments over-ride earlier enactments ; and , the earlier acts being sometimes better known than the later , offenders have been condemned to punishments positively against the existing law . This monstrous condition of things had occupied the attention of lawyers from the time of Lord Bacon down to the existing Statute Law Commission , of which , he had recently become a member , and which , acting on the suggestion of the Lord Chancellor , proposed to consolidate the statute law . That was the plan he had embodied in the two bills before the House . His intention was , with the aid of the Commissioners and
of the House , to go through the whole statutes , beginning at Magna Charta or thereabouts ; and to ask the House to repeal every law and section of a law relating to a particular subject , and to enact all the necessary provisions in a single act of . Parliament — -a process which would reduce the forty volumes , of statute , law to about a seventh or an eighth of their present bulk , and cut down the twenty thousand acts to some two or three hundred . His present intention was confined to England ; but , when the English law should be settled , he should be ready to assist m effecting a similar reform of the laws of Scotland and Ireland . By the close of next session , the English statute law might be consolidated : and .
the coBt would probably be from £ 50 to £ 100 for each consolidated bill . With respect to new laws and amendments of laws , Sir Fitzroy thought some officer should be authorised by both Houses of Parliament to watch over and superintend such matters . —The motion was seconded by Lord Stanley , " who agreed with Sir Fitzroy Kelly in thinking consolidation far better at the outset than codification , and who attributed the imperfeot success of law reform to a want of popular interest in the subject . Tho Attorney-General gave Sir Fitzroy Kelly credit for his good intention ( though he did not know whether he was acting independently , or only as the organ of the Statute Law Commission ); but , while entirely agreeing that the condition of our statute
book is a scandal to the Legislature , he did not approve of tie plan proposed , and believed that , instead of taking two years for completion , it would take two centuries . Nevertheless , a more oomprob . cnsive piau was needed . A complete outline of tho law of England should be mapped out and subdivided uudei * different heads , and the whole should bo simultaneously dealt with . He would nob , however , oppose the motion , —Sir Fitzroy Kelly , in answer to the Attornoy-Qen \ oral ' n observation , explained that ho was not the organ of the Statute Law Commission . —Mr . Stuart Wortlhy , Mr , Baines , and Mr . M'Mahon supported tho motion . — Mr . Joun Phxllimorb approved of codification , in preference to consolidation . — Mr . Locke King thought the plau proposed inefficient for tho end in view . — Tho Solicitor - General
said tho suggestions ot tho Statute Law Commiasion had too groat a reference to laying down tho law in fragmonta , instead of founding it upon a philosophical analysis of eubjoots . Ho saw no insuperable difficulty iu codifyiug the luw . Sir FiTzitoY Iuhlly having made a ahort reply , leave w « a given to b » ing in fcho bills , oh well as a bill to consolidate tho statute laws relating to billy of exchange and promissory notes .
THE IIUSII JUDGES . Sir John Shelley moved for roturae calculated to show tho manner in whioh tho Irish . Judges had
porto the erection , gave an endowment of £ 150 , or who built a parsonage-house and gave an endowment of £ 100 a year . He further proposed that when the patronage of extensive parishes having large incomes from tithes was vested in « cclesiasdcal corporations , sole or aggregate ,, this court should have power to divide them into districts and apportion the revenues . The further progress of the bill was opposed by Mr . Hadcteld , who , speaking from a Nonconformist point of view , objected to the enormous powers conferred on the Ecclesiastical Commissioners , to the measure taking power to apply crown lands , and to the extension of the system , of pew-rents , -which it was proposed to vest absolutely in the hands of the incumbents . He therefore moved to defer the second
reading for six months . —The bill was supported by Sir George Grey ( who thought that as Lord Bland ? ford had consented to refer the details to a Select committee , the measure should not be opposed ) ,, by Mr . Loddell , Sir James Ferguson , Mr . Apsley Pellatt , and Mr . Gladstone , with a few objections ; and , Mr . Hadfieid having withdrawn his amendment ; the bill was read a second time , and ordered to be referred to a selecb committee .
POLICE ( COUNTIES AND BOROITGHS ) BIIL . On the motion of Mr . Hadfjeld , backed by the recommendation of Mr . Henxey , Sir Francis Baring , Mr . Robert" Paimer , and Sir Joshua Walmsley , the second reading of this bill was deferred for a fortnight .
Thursday , JFebthiary Mth . THE FERHOY PEEBAGE . In the House of LoaiDS , a discussion arose with respect to a point of . law involved in the recent + £ S ° i m lTish P eerage , the Barony of Fermoy ; the Earl of Derby contending that the Government , in creating that peerage , had given a new interpretation to the Act of Union , which provides that no Irish peer shall be created till three of
thoge existing ; shall have become extinct . —Earl GranvUjLe explained that the peerage had been created , under the advice of the law officers of the Crown , and sarcastically remarked that there was something peculiar in the state of the elections of Irish peer 3 , for , however well qualified a peer might be to . sit in that House , he had no chance of obtaining his seat unless he had the support of the Earl of x "T Jnfc havin S been thrown out , that an advocate should be appointed to watch the case on befcaJi o ± the House , the subject dropped .
TO -n . i " ^ SEAWORTHY VESSELS . * vJ ™ of Ellenborough presented a petition irom seamen , complaining of being compelled by law « Ll 7 ® *? rxa * * " <** hj vessels . The Earl gave several instances of seamen beiag sent to prison asdesertera , " because they refused to sail , according to articles , in ships known to be unseaworthy . The petition also complained of the employment of a great number of foreigners , who are but imperfectly acquainted with the English language , and who are tueietore liable to misunderstand orders . — Lord WTANLKY of Alderley said that the case hau been laid before the law officers of the Crown , the answer or whom was that the law already provides sufficient protection . Great difficulties would arise if seamen Si " rli mj time leavo a Bhi P P merely saying that they consider it nnseawor thy .
IAW RJGFOBM . Mr . Loop Kino gave notice that on that day fort , night he Bhould move for leave to bring in a bill to repeal certain statutes whioh , to use the language of Lord Bacon , are « sleeping and not in uso , but snares for tho unwary . "
CHIME AN PROMOTIONS . Mr . LA \ A « p gave notice thai ) ho would propose hie motion on Uuh subjeot that day fortnight , and make the following addition thereto : " That this House has ? P ?? T witu regret those ofllcera whose conduct in tnerr respective departments has been shown by the r 9 + v ^ » ! Commis « on of Inquiry into the supplies ^ f , the British army i « tho Crimea to haro occasioned 2 jS ! J ?^? . ;¦ "nnecesflary Bufferings and looses in that Sri . *» ve revived honours and reward , and havo SMSfg [^ ZiS « etai Uoldl " " ^ -m *
SHE ATJSTBALIAN MAILS . In onuwor to a qneution . by Mr . Baxter Mr Labouoheto atatod that * $ » £ * £ outuno of the ' government plan with - j ^ gt tho Wralian MmIb is to effect ft monthly communication between
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Humbly Sheweth , —That the manifold evils occasioned by the present law , by which the property and earnings of the wife are thrown into -tho absolute power of the husband , become daily more apparent . That the sufferings thereupon ensuing , extend oTer all classes of society . That it might onco havo beou deemed for the middle and upper ranka a comparatively theoretical question , but is so no longer , since married women of education are entering on every side the fields of literature and art , in order to inorcxiau
To the ITonov / rable the House , of Commons , in Parliament assembled , The Petition of the Undersigned Women of Great Britain , Mwrried and Single ,
tho family income by such exertions . That it is usual when a daughter marries iu theso ranks , to make , if possible some distinct pecuniary provision for her and her children , and to secure tho money thus set aside by a cumbrous machinery ot Trusteeship , proving that few parents nro willing entirely to entrust the welfare of their offspring to Ihu irresponsible power of the husband , to tho chiuioun of his character , his wisdom , and his success in ft yvofession .
That another device for the protection of women , who can afford to appeal , exists in tho action of the Courts of Equity , whioh attempt withiu corfcuin limits to redrcBs the deficiencies of tho Law ; but that trustees may prove dishonest or unwiso iu tho uuxaagomont of the funds entrusted to their euro , imcl OourtB of Equity may full in adjuntiug difloroiipofl whioh ooncern the most iuthnato and delicate rolfttwu of life ;—that legal devices , patched upon ft »« w whioh in radically unjust , o « m only work cliunmly , and tliab here , ae in many other dopartnionU ot justice , a clearance of tho ground in tho chief Untie necessary . That , bIuoo this i » a truth , -which hus fc $ rudually oonao to bo recognised in regard to i > roteotivo restrictions upon trtv&o , to titles of property in land , and to tho legal maohinery for convoying suoh property from on © owner to another , &o ., wo
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* 148 THE LEADER . [ No . 308 , Saturday ,
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THE LAWS OF PROPERTY AS THEY AFFECT "WOMEN . A Petition for which the Signatures of Women an requested . Sheets of this Petition are lying for Signature atJMessrs . Chapman and Hall , 193 , Piccadilly ; Messrs . Smith and Elder , 65 , Comhill ; Mudie ' a Library , New Oxford-street ; Messrs . W . and E . Cash , Publishers , jBishopgate-strcet , and Mr . G , Ji ' ox ' s , Paternoster-row
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Citation
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Leader (1850-1860), Feb. 16, 1856, page 148, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2128/page/4/
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