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Commons Chamber

Volume 154: debated on Friday 17 June 1859

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House Of Commons

Friday, June 17, 1859.

King Of Delhi—Civil Establishments—Judicial Oaths

Motion For Papers—Question

MR. KINNAIRD moved for an Address for Copy of a Letter of the Chief Commissioner of the Punjab, forwarding to the Governor General of India the proceedings on the Trial of the King of Delhi. The hon. Member also asked the Secretary of State for India whether he had not received a report on Civil Establishments and Salaries throughout India by Mr. Henry Ricketts, and what steps it was proposed to take in accordance with the recommendations thereof? Also, whether anything was being done in the way of legislation in regard to Judicial Oaths in India, and whether the subject had been under the notice of the Council?

replied, that the reports on Civil Establishments and Salaries had been received, but without any expressions of the views of the Indian Government. The subject had been taken into consideration by the Council of India here, and a communication had been addressed to the Government at Calcutta for their opinion as to the propriety of adopting the recommendations which the Report contained; but as yet no reply had been returned. He could scarcely in a few words give a reply to the second question. He might, however, state that a Bill had been submitted to the Legislative Council at Calcutta on the subject of Judicial Oaths, he was not aware with what result; but a despatch had been sent out on the 3rd May, fully expressing the views of the Government here.

Resignation Of Ministers

I think, Sir, it is but respectful to the House that I should formally announce to them that of which, no doubt, every Gentleman present is already cognisant;—that in consequence of the vote which a week ago the House was pleased to arrive at, Lord Derby and his colleagues felt it their duty immediately to tender the resignation of their offices to Her Majesty, and that Her Majesty has been graciously pleased to accept the same. So that at the present moment they hold, and for some days past they have held, those offices only until their successors are appointed. The noble Lord the Member for Tiverton has received the commands of Her Majesty to form an Administration, and I believe he has accomplished the task. Under these circumstances, I feel that it will be for the convenience of the House—and also of the noble Lord—that I should move that the House at its rising adjourn until Tuesday next. I fix Tuesday because that is the last day on which election petitions can be received. Should any further adjournment be necessary those who succeed us will then have the opportunity of moving it.

Her Majesty's Answer To The Address

(Colonel Forester) reported Her Majesty's Answer to the Address, as follows:

I receive with much satisfaction the assurance of the House of Commons, that, whilst I maintain a strict neutrality between the contending parties in the War now kindled in the North of Italy, I may rely on their cordial concurrence in the measures of defensive policy which have appeared to Me to be necessary for the security of my Dominions and the honour of my Crown.

I am at all times desirous that my Government should be in accordance with the Representatives of My People in the House of Commons; and I have therefore taken measures to act upon the advice which you tender to Me, by the formation of a new Administration.

Newspapers, &C, Bill

Order for Second Reading read.

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

appealed to the hon. and learned Gentleman to postpone the Bill until the new Government were present to express their opinion upon it.

urged the inconvenience of proceeding with the Bill under the circumstances in which the House was placed with regard to the Government, and added that there was an objection in point of form. The Bill interfering with revenue ought to have emanated from a Committee of the whole House.

said, he had consulted the legal advisers of the Treasury, and was assured there was no objection either in point of form or substance.

said, he thought the best way would be to adjourn the debate for a fortnight.

Debate adjourned till Friday, 1st July.

The Queen's Speech

Considered

The Queen's Speech considered; Motion "That a Supply be granted to Her Majesty."

Committee thereupon on Tuesday next.

Criminal Justice Middlesex (Assistant Judge) Bill

Order for Second Reading read.

MR. SOTHERON ESTCOURT moved the second reading of this Bill, which he said was simply to carry out an object in which he believed both sides of the House agreed, namely, the increase of the salary of the Assistant Judge from £1,200 to 1,500 a year.

objected. Three times a Bill had been brought in to increase the salary of the late Mr. Serjeant Adams who held the office a long time, and was a most efficient Judge, and it was rejected; a very distinguished person succeeded that learned Judge, and he had never applied for an increase; and although he admitted the high talents of the learned Judge recently appointed (Mr. Bodkin) he did not think that any sufficient reason for the proposed increase could be shown which could not exist with reference to his two predecessors. It was suggested that the new Judge would give up his private practice; but there was no necessity for that, for he had plenty of leisure time and had two Assistants.

thought the Bill ought not to be proceeded with in the abeyance of the Government.

observed that the Assistant Judge was often called upon to decide upon important questions connected with the poor law; and what could be more unseemly and inconvenient than that he should previously have given as a Barrister his opinion upon the points he had to determine as a Judge? It should be recollected that the practice which the Assistant Judge would have to surrender under the new arrangement was probably worth more than £1000 a year.

was in favour of the Bill, but thought that it ought not to be proceeded with in the absence of the new Government.

Second Reading deferred till Friday 1st July.

House adjourned at Five o'clock till Tuesday next.