LAW REFORMS.
In the early part of this session the lord-chancellor gave notice of bills respecting bankruptcy, lunacy, and county courts. Adverting first to the subject of bankruptcies, he commenced by paying a compliment to Lord Brougham, upon the improvements in that department of the law which he had introduced. His lordship continued:—“That system, however, excellent as it was, comprised within its jurisdiction only a circuit of forty miles round London. He proposed to extend the metropolitan district to a hundred miles round London; which would add a fifth to the business of the commissioners, without inconvenience to them. For the country, it was proposed to appoint commissioners at five central points, in five great towns, beyond the London district, invested with the same power which was at present reposed in the London commissioners. They would perform the same quantity of duty now performed by the London commissioners, having a similar range and a similar jurisdiction.” The course respecting the law of lunacy was somewhat similar. His lordship remarked:—“The law of lunacy was administered like that of bankruptcy, the London commissioners having jurisdiction for twenty miles round the metropolis; and the country commissions being like those of bankruptcy, directed to persons of little or no experience, though the inquiries were of the nicest and most delicate character. He proposed that two commissioners should be appointed, for the purpose of executing all those commissions, not only in the metropolitan districts, but throughout the country. From an examination of details he was satisfied that those two commissioners would be amply sufficient for discharging those and other important duties connected with lunacy. The payment of commissioners by fees would be abolished, and they would be added to the visitors at present appointed to inspect the condition of lunatics. They would be taken from among the highest members of the bar.” Concerning the county courts, his lordship said that he was averse to any sweeping change: his measure went merely to extend their jurisdiction. They were presided over by the county clerk, whose jurisdiction extended to forty shillings. “If,” said his lordship, “I appoint a particular place, and give them a jurisdiction to the extent of five pounds, and appoint persons of respectability and learning, I think I do not innovate upon ancient institutions.” His lordship proposed further, that for the recovery of debts to the amount of twenty pounds, persons should be appointed judges of these courts, who should not reside in the provinces where they administered the law, but that they should make circuits, like the judges of the land, into the provinces with which they were not acquainted, and where they had no local connections or prejudices. His lordship proposed that there should be six or eight circuits in the year, to be made by barristers of a certain standing, to be appointed by the crown; who should return to the metropolis after the circuits, where they could mix with their colleagues in the profession, and thus give a security for the uniformity of the law which they administered. The bills were generally approved of, and they passed the upper house unopposed. In the commons an attempt was made to induce government to postpone the consideration of them; and that relating to the county courts was postponed till the following year, but those respecting bankruptcy and lunacy were passed. Another bill, introduced by Sir James Graham, for the amendment of the law relating to the registration of votes in England, was delayed; and three bills proposed by Lord Campbell, to alter the administration of the house of lords as a court of appeal, to alter the system of appeal to the judicial committee of the privy council, and to amend the administration of the court of chancery, were rejected. A question of general interest respecting the marriage law was also raised this session in the commons, by Lord Francis Egerton, who moved for leave to bring in a bill to alter the laws relating to marriage within certain degrees of affinity. The chief feature of this bill was, that it would enable a widower to marry a deceased wife’s sister; but, on a division, the motion for leave to bring in the bill was lost by one hundred and twenty-three against one hundred.