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CHAPTER VII.

MISCELLANEOUS MEASURES. - SETTLEMENT UPON THE MARRIAGE OF H.R.H. THE PRINCESS ALICE-The provision recommended by the Government is unanimously and cordiallg voted by the House of Commons-A scheme for erecting new Law Courts in the neighbourhood of Lincoln's Inn is proposed by the Government Mr. Selwyn and Mr. Walpole oppose the proposition The Chancellor of the Exchequer supports it-It is rejected on a division by 83 to 81-Debate in the House of Commons upon the System of Competitive Examinations for the Civil Service-Mr. P. Hennessy, Mr. Cochrane, Mr. Bentinck, and other Members object to the system-Lord Stanley and Sir George Lewis defend it-The House sets aside the Motion by negativing the previous question. Law OF HIGHWAYS-Sir George Grey re-introduces the Bill for the Amendment of Highway Law, which had been in former years proposed and withdrawn-The Second Reading is carried, after some debate, by a majority of 111-The Bill, with some modifications, passes through both Houses. TRANSFER OF LAND AND SECURITY OF TITLE TO PURCHASERS-Bills for effecting these objects are brought in by the Lord Chancellor, and other Bills, with similar objects, by Lord Cranworth, Lord St. Leonard's, and Lord Chelmsford-Statement of the Lord Chancellor, on introducing his measures-Observations of seceral of the Law Lords-The several Bills are referred to a Select Committee Those of the Lord Chancellor pass through the House of Lords, and are introduced in the House of Commons by Sir Roundell Palmer, Solicitor-General-His able Speech on moving the Second Realing of the Land Transfer Bill-Speeches of Sir H. Cairns, Sir F. Kelly, Mr. Malins, and the Attorney-General-The Government Bills pass a Second Reading-Sir H. Cairns moves to refer them to a Select Committee, which is opposed by the Law Officers of the Crown-The Bills go through a Committee of the whole House and become law. AMENDMENT OF THE LAW OF LUNACY-The Lord Chancellor brings in a Bill, which is carried through Parliament, to simplify and abridge the inquiries under Commissions of Lunacy. GAME LAWS-A Bill introduced by Lord Berners for the repression of Night Poaching, meets with much opposition in both Houses-It is passed in the Lords, but strenuously resisted by the Government and by Liberal Members in the House of Commons-Sir Baldwin Leighton takes charge of the Bill, which is strongly suppo, ted by many of the Conservative partyAfter much controversy and many divisions in favour of the Bill, it is passed into a law. EMBANKMENT OF THE THAMES-A Measure to carry out this object is brought in by Mr. W. Cowper on behalf of the Government--It is referred to a Select Committee, which recommends an important alteration in the scheme-Imputations made against the Committee of having given too much weight to private interests-Their Report occasions much controversy-Mr. Doulton moves the re-committal of the Bill, with a view to the restoration of the original planA warm discussion ensues, in which Mr. K. Seymer, Lord H. Vane, Sir J. Shelley, Mr. Horsman, Mr. Cowper, and Lord Palmerston take part-Mr. Doulton's amendment, being considered premature, is withdrawn-Mr. Locke proposes a motion with the same object at a later stage, which is carried by 149 to 109, and the scheme of the Bill as introduced by the Government is adopted-The Bill goes up to the House of Lords, where the Duke of Buccleugh makes a statement in vindication of the course pursued by him-Earl Granville, the Earl of Derby, and other Peers, acquit the noble Duke of all imputations, and the Bill is passed-End of the Session-Mr. Cobden gives notice that he shall offer observations on the policy of Lord Palmerston's Administration-His Speech-He arraigns the aggressive spirit of the Government as shown on many occasions-He compares the Premier's conduct with that of the Opposition Leader, unfavourably to the former-Speech of Lord Palmerston in vindication of the Measures of his Government, and of their conduct towards Foreign StatesSpeech of Mr. Disraeli, who seconds many of Mr. Cobden's chargesObservations of Mr. Lindsay, Sir M. Peto, Lord Clarence Paget, and other Members-Prorogation of Parliament on the 7th of August, by Commission-The Royal Speech, as delivered by the Lord Chancellor -Results of the Session-State of Parties and additions to the Statute Book.

A PROPOSITION for a settle- sides of the Houses. Another

ment upon Her Royal Highness the Princess Alice, preparatory to her auspicious marriage with Prince Louis of Hesse, was made by the Government, and unanimously and cordially adopted by the House of Commons. Lord Palmerston proposed that a dowry of 30,0001. and an annuity of 6,000l.should be granted, which he considered would be a suitable provision for the dignity of the Princess, and not too large a demand upon the liberality of Parliament.

The Resolution for charging these sums on the Consolidated Fund was adopted nem. con., and accompanied with loyal and complimentary expressions from both

proposal of a different nature, involving a considerable charge upon the public purse, met with a less favourable reception. The object of the grant asked for was the construction of a new building, to afford accommodation for the sittings of the Courts of Law and Equity, in lieu of the existing Courts of Justice at Westminster Hall and Lincoln's Inn. Mr. Cowper, as Chief Commissioner of Public Works, moved the second reading of a Bill for giving effect to this object, explaining at the same time the grounds of his motion. He set forth the advantages that would result from better accommodation being provided for the Courts,

and from their being brought into juxta-position, which would be of pecuniary value to suitors. Looking at the subject in all its aspects, the measure was, he said, a most important legal reform. He proposed that this Bill should be referred to a Select Committee, which would ascertain the real amount of the charge the whole scheme would impose upon the country, and he added some details on the subject of the charge to those he had given on the introduction of the Bill. The maximum charge upon the Consolidated Fund would be 45,000l. a-year, subject to reduction and ultimate extinction, as the compensation allowances, amounting to 59,000l. a-year, gradually fell in. He was aware that the Society of Lincoln's-inn desired to keep the Equity Courts within the precincts of their Inn; but this desire did not meet with favour from the whole profession, and could not be set against the great advantages of bringing all the courts and offices under one roof in a convenient site.

Mr. Selwyn objected that the proposed scheme would entail a very heavy expense upon the country, which, considering the present state of our national finances, he strongly objected to. He justified the claim of the Society of Lincoln's-inn to retain these courts within their limits, and moved that the Bill be read a second time that day six months.

Sir Henry Willoughby, Mr. Bouverie, and Mr. Malins, supported the amendment.

The Chancellor of the Exchequer, the Attorney and SolicitorGeneral, advocated the Bill.

Mr. Walpole said, as prudent

men, as our finances were not in a flourishing state, and four out of the six Courts of Chancery were admirably situated, they should hesitate before they proceeded to pull down a vast number of houses, and build new courts, at an expense which he was convinced would far exceed the estimate. Admitting the object to be a good one, this was not the time. In the present state of our finances he would not incur the responsibility of approving what he considered an extravagant proposition.

On a division, the Bill was lost by a majority of 2, there being 81 for, and 85 against, the second reading.

Among the questions of general interest which came under Parliamentary discussion this Session was that of the system of competitive examinations for the Civil Service, upon the merits of which public opinion had been variously expressed.

Mr. Pope Hennessy moved a Resolution in the House of Commons in the following terms :"That the best mode of procuring competent persons to fill the junior clerkships in the Civil Service would be through a system of Competitive Examination open to all subjects of the Queen, who fulfil certain definite conditions as to age, health, and character; and that, with a view of establishing such a system of open competition it is desirable that the experiment first tried at the India-house in 1859, be repeated from time to time in the other departments of the Civil Service."

The motion was seconded by Mr. Vansittart, who read to the House the opinions of various persons high in the public service in India, as to the qualifications of the persons selected for office in that country by examination, and intimated his own opinion, that the plan had not been entirely successful hither

to.

Mr. Cochrane moved, as an amendment, to substitute this resolution, "That many of the qualities constituting a good public officer-good principles, good habits, sound judgment, general intelligence, and energy cannot be tested by any plan of public competition; the introduction, therefore, of such a system into all the departments of the public service would be very injurious to their efficiency." He urged, as an important point connected with this question, the manner in which old and meri torious officers would suffer by their sons losing the advantage of nomination. He re-iterated his objections to the mode of examination, and to the extension of the system.

Lord Stanley said that up to the present time he did not think the objections to the competitive system had been very formidable. He reviewed Mr. Cochrane's arguments, to which he replied seriatim; and, with respect to the alleged injustice of applying to the sons of old officers the same test as to other competitors, he remarked that he did not see on what ground they should enjoy a peculiar privilege. With reference to the original motion, he gave his reasons for declining to assent to the abstract resolution, and to the proposed series of experiments.

Sir G. Lewis opposed both the motion and the amendment.

Looking, he said, to the allegations of Mr Hennessy and to the opinion of the Committee, who had practically reported against the plan of open competition, he did not find the least ground for his Resolution; and, with respect to the amendment, he observed that the question had been annually examined, and the Government were not prepared to go back to simple nomination, or, on the other hand, to adopt at present a system of indiscriminate and open competition.

Mr. M. Milnes was adverse to a system of open competition. That of nomination, whatever its faults might be, spread the range of appointments widely over the country, and in its general results worked satisfactorily; but by the educational test, the candidates came up, crammed for the examination, from one class of the people alone.

Mr. Bentinck contended that the system did not work well.

Mr. Morrison advocated the appointment to offices by open competition, as removing a fertile source of electoral corruption.

Sir J. Pakington, Sir George Lewis, Mr. Clifford, Mr. Newdegate, and other members, continued the discussion, which ended in the House deciding by a majority of 87 to 66, that the question should not be put, Sir George Lewis having moved "the previous question."

The measure so often introduced and repeatedly postponed for altering the Law of Highways, was brought in the present Session to a successful issue.

The Secretary of State for the Home Department, on moving the second reading of the Bill

on the 13th February, forbore, as he afterwards stated, to address the House in explanation of the measure, because the principles of the Bill were exactly identical with those of many previously introduced measures on the subject.

Mr. Barrow moved as an amendment, that the Bill be read a second time that day six months, and stated his objections to the Bill at some length. He opposed it because it was an unnecessary and unwarrantable interference with the right of property, and because it was an extension of that principle of centralization and bureaucracy to which the people of this country entertained such a deep-rooted antipathy. He contended that the present system, under which a parish vestry elected a surveyor every year against whom a summons could be obtained in case of neglect, accomplished all that could be wished for. The parish surveyor, under the present system, was bound to produce his accounts at the end of the year, the vestry had power to refuse to allow them, and he was liable to a penalty for neglect of duty. The surveyor appointed by the proposed district boards was expressly relieved from this penalty, and he looked in vain for any provision by which the district boards would be compelled to repair. He complained also of the short time allowed to members to consider the Bill. It had not been in the hands of members much more than twenty-four hours, and instead of precise provisions, there were references to innumerable Acts of Parlia

ment.

Mr. Hodgkinson seconded the amendment. He hoped the House

would not destroy a system which was theoretically right because it had been badly administered. Even its bad administration was to be attributed to the incessant onslaughts which had been made upon it in that House. No set of men could be expected to incur the odium of putting a parish to a large expense when they might every day expect the law to be altered.

Mr. Bass supported the Bill. He said that parish roads were almost always in bad condition, and he had never yet found a highway surveyor who understood his business.

Colonel Barttelot also supported the Bill. Powers were given under the existing highway law to amalgamate parishes, and to appoint a paid surveyor, and although few districts had availed themselves of this power, it had worked well where it had been adopted.

Mr. Dodson did not think the Bill involved any such confiscation as had been asserted. The working of the proposed system would rest ultimately with the ratepayers. In fact, it was but extending the principle of the administration of the poor-law to that of the highways. The area of management was merely enlarged from the parish to the district. There were, however, complicated details to be taken into consideration, which induced him to think the best course would be to refer the Bill to a Select Committee.

Colonel Wilson Patten, though he had opposed similar Bills previously, thought that this measure, when modified by a Select Committee, would be deserving of support.

Mr. Henley was disposed to

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