came within the code or not. He must also repeat what he had said last year in debate last year the Bankruptcy Bill came up from "another place," giving ample powers to the Judge to make the rules and regulations under the direction of the Lord Chancellor. With assistance he supervised the framing the rules and regulations, which occupied 100 pages-it was very easily accomplished within two or three months after the Bill had passed; they were now in full operation, and were working satisfactorily. The result of thus adopting the principle of separating the framing of the code of procedure from the clauses of the Bills was that the Bills were reduced from 500 to 170 clauses. In the present instance codes of procedure were required for the Court of Chancery, the Common Law Courts, the Court of Probate, and the Court of Admiralty, and it was idle to think of discussing them in Parliament. The great principle of the Bill was the reconstitution of the Courts, and the investing them with such power and authority that each might be full and complete in its parts; and the forms of procedure by which the principle was to be worked out it was proposed to hand over to others. He did not object to define more precisely the guiding grooves for those who were to make the rules; but he could not undertake the responsibility of introducing into the Bill 400 or 500 clauses embodying these regulations. He was sure that he should be himself incompetent to the task, nor would he undertake the responsibility of inviting the House to undertake it unless he were obliged to do so by the decision of their Lordships. He denied that the spirit and essence of the Bill had undergone any change. He must confess his surprise that the noble and learned Lord (Lord Westbury) should now object to referring the framing of the rules to the Privy Council, and should express his preference for the Judges, seeing that the noble and learned Lord, when it was first proposed to confide the duty to the latter, declared that if it was left to them it would never be done. He thought no serious fault could be found with his present proposition. What he now proposed was, that the Privy Council should frame the code, and that it should be left to the Judges to modify it, and he was happy in having on his side Lord Chief Justice Cockburn, who said The Lord Chancellor "Our procedure will be at the mercy of a small conclave under the control of the Chancellor ; the course of our judicial business will be at the discretion of the Government, who may transfer questions of constitutional right in which they may be interested from one Divisional Court to another, or transfer Judges from one Court to another, as they may deem it expedient. For it is to be observed and this makes all the difference-that it is not merely for making a new code of procedure at the first starting of the Court that this extraordinary power is conferred. It is to continue permanently, and may be exercised at any time, be said, indeed, that rules so made are to be laid either for general or temporary purposes. It will before Parliament. But this is but poor protection if a Government has the good fortune to have a commanding majority at its call. Moreover, in the interval, the rules will have had the effect of law." In reply to the assertion that all legal opinion was against him, he averred that an enormous mass of legal opinion was with him, and the solicitors of the country supported him, and that he had not met with one adverse criticism in a single legal publication of authority. It was admitted by all that a great reform was essentially necessary, and the question was, whether it was to be effected now or postponed indefinitely. He believed that if their Lordships should come to the conclusion that the rules must be embodied in the Bill, the first thing they would do with the Bill would be to strike the rules out, and to say it must not be encumbered with them; and as he believed their Lordships desired to see such a Bill carried long before the building of the Courts, he trusted they would consent to go into Committee on the Bill. LORD CAIRNS said, that the noble Earl opposite (Earl Granville) had not thought it unworthy of his own position, or of his office as Leader in that House, to throw a sneer-a somewhat common and not very amusing sneer, and one which many people might think not very well founded-against the legal Members of the House, whose assistance, at the same time, he expressed himself very anxious to have. The noble Earl said that, in his experience of the House, whenever a legal measure had been introduced by the occupant of the Woolsack, it was always pulled to pieces by all the noble and learned Lords in the House. He (Lord Cairns) could not allow that statement to pass unchallenged. When he had himself the honour of a seat on the Woolsack, he must say he had invariably received the most frank and kind assist TRAMWAYS BILL-(No. 107.) (The Lord Privy Seal.) SECOND READING. Order of the Day for the Second Reading, read. ance from all the noble and learned | The Report thereof to be received on Lords on any legal measures that he had Monday, the 13th of June next; and Bill felt it to be his duty to propose. He to be printed, as amended. (No. 120.) did not desire to say anything as to any assistance that he might himself have been able to render in the passage of legal measures through that House. He was satisfied to leave his character on that subject in the hands of their Lordships, for he was sure that it would not be affected by what the noble Earl had thought fit to say. But he desired the noble Earl to consider that, on this particular question, the noble and learned Lord on the Woolsack occupied a rather peculiar position. Both he and his noble and learned Friend sat on the Royal Commission which had considered this question, and they had both attached their signatures to the Report. As regarded the character of the edifice it was proposed to rear, he was quite at issue with his noble and learned Friend. He spoke from no feeling of mortification on the subject; but he would illustrate his position by saying, that when two persons were co-operating in the construction of a house, they might, if they agreed upon the general mode in which it was to be built, render valuable co-operation to each other. But if one of these persons thought the house should be made of boards and tiles, without windows, doors, or partitions, and if the other was of opinion that it should be made of bricks and mortar, he thought it was utterly impossible that the latter could give any useful assistance or cooperation. That was his position with regard to the Bill. His views on this subject differed so completely from those of his noble and learned Friend on the Woolsack, that he (Lord Cairns) felt it would be useless for him to direct his opposition to the Bill clause by clause, and line by line. He felt, therefore, that he had no course left open to him but that indicated by his noble and learned Friend opposite (Lord Westbury). He (Lord Cairns) should therefore reserve to himself the opportunity of taking the sense of their Lordships' House upon the measure at a future stage of the Bill, and it would then be for their Lordships to decide whether opportunity might not be given for introducing some more satisfactory Bill to the attention of their Lordships. Motion agreed to; House in Committee accordingly; Amendments made: THE EARL OF KIMBERLEY, in moving that the Bill be now read the second time, said, that the Government, in fulfilment of a pledge given by them early in the Session, had introduced a Bill in the other House to regulate the terms on which permission should be given for the laying down of tramways; the Bill had been referred to a Select Committee, and the result of their deliberations was embodied in the measure now lying on their Lordships' Table. The Bill was one of considerable detail; but the House no doubt would feel it to be desirable that if, as seemed likely, these tramways were to be extensively constructed in England, they should be governed by some general system, and not armed with powers which were often granted very much at hap-hazard, notwithstanding the great care and attention bestowed by Committees upon the applications which came before them. The Bill consisted of three parts. Of these, the first related to Provisional Orders authorizing the construction of tramways; the second, to the mode of constructing tramways; and the third embodied general provisions regarding carriages, the licensing or purchasing of tramways, power to make by-laws, &c. These Provisional Orders might be applied for either by the local authority of any district, or by any person or corporation with the consent of the local authority. These Provisional Orders were to be dealt with very much in the same manner as those relating to railways, piers, and harbours. When sanctioned by the Board of Trade, they would be brought before Parliament in a Bill, and those who objected to the scheme would therefore have the opportunity of stating their objections before Committees of both Houses. The most important clauses were those which related to the consent and proceedings of local authorities. It was provided, in the first place, that local authorities might themselves apply for a Provisional Order to authorize the construction of a tramway. It was But in the case of railways the consent not intended under the Bill that the was required of all parties whose land local authorities should work the tram- was taken; but in the case of tramways ways; but they might get authority to all that was required was the consent of construct tramways and then lease them the local authority. There certainly to a company, or they might leave the ought to be some approval on the part of public the use of the tramways, receiving the occupiers of the houses in the streets tolls for the user; but they were not through which the tramways passed; it themselves to run carriages and take should be provided that they should be fares or tolls. If the local authority did laid along the centre of the street, othernot apply for a Provisional Order, any wise it would affect the property more on person or company might come forward one side than the other generally, there and obtain it, subject to a power of com- ought to be more provision for the appulsory purchase by the local authority proval of persons interested than that of at the end of 21 years, on the basis of the local authority before tramways were the actual value of the line. As to the authorized, the more so as the local provisions for construction of the lines authority of many towns might be gohe would not enter into detail. The verned by persons having a personal other provisions of the Bill related to interest in their construction. There various safeguards which were proposed was no provision for the incorporation of as to the making of the way, the use of the tramway company under the Comroads by the tramway company, and the panies Clauses Act. No concession, he repair of roads on both sides of the thought, should be made for more than tramway, interference with gas or water- 50 years; a tramway consisted of nopipes, &c. The manner in which the thing more than the cost of laying the tramways were proposed to be laid would rails; and as that original outlay must entirely obviate the objections urged to have been amply recouped by a user of Mr. Train's plan. It was exceedingly 50 years, he thought that at the expiraprobable that these tramways would be tion of that time the tramways should very extensively used; and, if constructed lapse to the local authority. The Bill under proper limitations, he believed gave the option to the local authority they would be a great advantage to the to purchase the concern at the end of 21 public. They would relieve the general years; but Clause 39 was rather amtraffic and, at the same time, being under biguous. He thought it desirable that the control of the local authorities, would the Bill should be sent to a Select Combe of great public advantage. In Com-mittee. mittee he should be glad to avail himself THE EARL OF KIMBERLEY had no of any amendment that might be suggested. Moved, "That the Bill be now read 2" -(The Lord Privy Seal.) THE MARQUESS OF SALISBURY hoped the Bill would be referred to a Select Committee. LORD REDESDALE was very glad that a general Bill upon this subject had been introduced, following the suggestion he made at the commencement of the Session. The Bill, no doubt, had been prepared with care, and it had gone through a Select Committee of the other House. At the same time, he must say it had gone through that Select Committee rather hastily; and, certainly, it was rather imperfect in its details at present. The noble Earl had stated that the proceedings before the Board of Trade would be similar to those taken in the case of railways, piers, and harbours. The Earl of Kimberley objection to refer the Bill to a Select Committee, as it was almost impossible to discuss it clause by clause in the House. BRITISH COLUMBIA BILL [H.L.] House adjourned at Nine o'clock, HOUSE OF COMMONS, Monday, 30th May, 1870. MINUTES.]-SELECT COMMITTEE-Pawnbrokers, MATES. PUBLIC BILLS-Resolution in Committee-Ordered - First Reading-Pier and Harbour Orders Confirmation (No. 2) * [154]. Ordered-First Reading-Registration of Voters* [149]; Saint Olave, &c. Charities* Jewish United Synagogues [151]; Factories [152]; and Workshops * [150]. First Reading Local Government Supplemental [153]; Horse Racing* [155]. Second Reading-Customs and Inland Revenue [133]; Stamp Duties [135]; Gun Licences [134]; General Police and Improvement land) Supplemental * [147]. Report of Select Committee-Thames Navigation [No. 261]. - though he could not go the length of not hold themselves responsible for its saying that the persons in charge would safety in case of the occurrence of fire in the building. The hon. Member must be aware that steps were being taken to get possession of the plans, and he trusted that, in some way or other, the officers of the Board of Works would obtain possession of the plans, so that the matter might be brought to a satisfactory conclusion. METROPOLIS-LEICESTER SQUARE: QUESTION. CAPTAIN DAWSON-DAMER said, he wished to ask the First Commissioner of Works, If it is true that the continued state of Leicester Square arises from a disputed ownership; and, if so, whether some steps could not be taken to ascertain who is liable for the present condition of that Square? some years ago an Act was passed by MR. AYRTON said, in reply, that which local authorities in the metropolis were entitled to take possession of any (Scot-vacant space of which there did not appear to be an owner, and under that Act an attempt was made to get possession Committee-Report-Sale of Poisons (Ireland) of Leicester Square; but then an owner [140]; Metropolitan Board of Works (Loans) appeared and claimed it as his property, [132]; Turnpike Trusts Arrangements *[129]. and he sufficiently established his right Report-Public Prosecutors* [45-148]. Third Reading - Irish Land [145]; Married matter. to prevent any action being taken in the Women's Property* [16], and passed. Being private property, of course the owner might do whatever he PALACE OF WESTMINSTER-PLANS OF pleased with it, however disreputable it OF THE FLUES, &c.—QUESTION. CAPTAIN DAWSON-DAMER said, he wished to ask the First Commissioner of Works, If it is true that, in consequence of the want of plans of the flues, &c. of the Houses of Parliament, the persons in charge of the arrangements for the prevention of fire in the building do not hold themselves responsible for its safety; and, if so, whether he does not consider it requisite, in order to prevent the possibility of a recurrence of a disaster, to provide some plan to insure the preservation of the building? might be in the eyes of those who passed the place might be made more sightly, by it. He knew of no mode by which except by putting in force some law for dispossessing the owner and appropriating it to some public purpose. There was a general Act to enable local authorities to take property for the purpose of widening or altering a street on certain conditions; but he was not aware of any Act enabling any local authority to deal with any square or place enclosed or partially enclosed, however badly. It would be necessary, he believed, to inMR. AYRTON in reply, said, it was by which in the ordinary way the owner troduce a private Act for the purpose, undoubtedly true that the officers of the would be compelled to sell the property Board of Works were not in possession for a public purpose. An Act of that of the plans of the flues throughout that kind, however, did not come under his large building. No doubt that was a Department, but should be introduced source of considerable inconvenience, and promoted by local authorities. THE MAGISTRACY OF LANCASHIRE. QUESTION. tenour of these arrangements; and if Parliament will have an opportunity of considering them before they are con MR. ASSHETON CROSS said, be-firmed in the form of a Treaty? fore putting the Question of which he had given Notice, he would take the opportunity of thanking Lord Dufferin the Chancellor of the Duchy, for the kindness with which he had met him in regard to that matter. The Question he now would beg to ask the First Lord of the Treasury was, Whether such ments have now been made as will prevent for the future political appointments to the Magistracy in the county of Lancaster; and, if so, if he will be good enough to state the precise nature of such arrangements? arrange MR. GLADSTONE: Sir, it has been felt by the community in Lancashire, and likewise in this House, that the mode of appointing magistrates in the county of Lancaster recently introduced has not been satisfactory, without attaching any blame to any party or any person in particular; and it appears that the remedy is not a difficult one, because it consists simply of returning to the ancient practice, or to the wisdom of our ancestors. In former times the magistrates of the county of Lancaster were appointed, like all other county magistrates, on the recommendation of the Lord Lieutenant of the county, only that the Chancellor of the Duchy discharged the same function on the part of the Crown as the Lord Chancellor discharges in the case of other counties. But it has now been arranged simply to return to that ancient practice-the Chancellor of the Duchy will now appoint on the recommendation of the Lord Lieutenant of the county. An official Minute was passed on the 1st of this month, with the approval of Her Majesty, by the Chancellor, directing that for the future that shall be the practice. I, therefore, hope this may be regarded as a permanent change, and I have no doubt it will be satisfactory in its operation. INTERNATIONAL COPYRIGHT. QUESTION. MR. MACFIE said, he wished to ask the Under Secretary of State for Foreign Affairs, If negotiations are in progress or completed for International Copyright Arrangements with the United States of America; if he will state the general MR. OTWAY said, in reply, that as negotiations were still pending on that subject between Her Majesty's Government and the Government of the United States, it was impossible now to state what the tenour of the arrangements would be. The question was not unattended with difficulty, and his noble Friend the Secretary of State was very desirous of conferring with certain eminent authors and publishers on the subject. As to the last part of the hon. Gentleman's Question, he was informed that the General International Copyright Act might be put in operation by the Crown by Order in Council in favour of any country which conceded reciprocal advantages to this country. A Convention with the United States would be within the power given by that Act, and therefore would not necessitate further legislation on the subject. WORKMEN'S INTERNATIONAL EXHIBI TION.-QUESTION. MR. T. HUGHES said, he wished to ask the Secretary to the Board of Trade, Whether he can hold out any hope of protection being extended to unpatented inventions of workmen which may be exhibited at the forthcoming Workmen's International Exhibition? THE ATTORNEY GENERAL said, in reply, that it was the intention of the Government to introduce a measure for that purpose. In 1865, an Act was passed for that purpose; but it had been pointed out to him that that Act was, to say the least of it, ambiguous. He was told that some persons put this interpretation upon it-that if an inventor exhibited his invention any other person might obtain a patent in respect of that invention in fraud of, and behind the back of the inventor. Now, that never was the intention of the Legislature; and if the Act was open to that construction, certainly it was right that misapprehension as to its meaning should be removed. He therefore proposed, on the part of the Government, to introduce a Bill, the effect of which would be to protect exhibitors, who were the true inventors, against any loss of the patent rights that would accrue to them from their publishing their inventions, any |