VACCINATION ACTS THE KEIGHLEY obedience to the mandamus, with which BOARD OF GUARDIANS.-QUESTION. ther they ought not to send him to gaol, | are required in the first instance to do, but they adopted a more lenient course, and instructing the vaccination officer and imposed the cumulative fines, which, that the Guardians reserve to themselves he believed, Hare was perfectly able to the dispensation of the Vaccination Acts. pay. It was impossible to regard this resolution otherwise than as an act of disthe Guardians had previously undertaken to comply. In consequence of this the Guardians were called upon to answer for the contempt of Court involved in their proceedings, and, after hearing all the parties, the Court, without hesitation, made the rule absolute for the attachment, the Chief Justice observing that it was about as gross a case of contempt as he had known for a long time. These proceedings are in no sense at variance with the spirit and intention of the letter to the Evesham Guardians, which does not apply to original prosecutions, but to cases where persons have been already fined for not complying with the law. The Guardians who were in contempt have not, so far as I am aware, been sent to gaol; and, in point of fact, the writs, though authorized, have not yet been executed, and it is to be hoped that, having been fully reminded of their duties by the High Court of Justice, they will yet see the propriety of giving the necessary direc MR. SERJEANT SIMON asked the President of the Local Government Board, Whether the proceedings for attachment against the Keighley Board of Guardians, in consequence of a resolution passed by them that, in applying the compulsory powers under the Vaccination Acts, they would take into consideration the circumstances of each particular case, were taken by his authority or sanction; whether such proceedings are in accordance with the spirit and intention of his circular letter of instructions in March last to the Evesham Board of Guardians, in which he left large discretionary powers to them as to the manner and circumstances of applying the Act, on the ground that repeated prosecutions would produce mischievous results and excite sympathy with the prosecuted and a more extended opposition to the Law; and, whether six or seven of the Keighley Board of Guardians have been sent to gaol under the attachment? MR. SCLATER-BOOTH: The proceedings, Sir, for the attachment were taken by my authority and sanction; but it is not accurate to say that they were taken in consequence of the resolution as quoted in the Question of the hon. and learned Gentleman. The Guardians had refused to enforce the provisions of the Vaccination Acts in their Union, and there were great numbers of children who had not been vaccinated. The Local Government Board applied to the Court for a mandamus against the Guardians to compel obedience to the law, and, after a full argument, a mandamus was granted, requiring the Guardians to give directions to the vaccination officer to proceed against persons in default. The Guardians thereupon passed a resolution in obedience to the writ, instructing the vaccination officer accordingly, and this resolution was embodied in their return to the writ. The Guardians, however, have recently passed another resolution, rescinding all portions of resolutions which could be construed into general orders to prosecute, which is what they Mr. Assheton Cross tions for the enforcement of the law. LAW AND JUSTICE-MR. SERJEANT MR. CALLAN asked the Chief Secretary for Ireland, Whether the statement is correct which has appeared in the Dublin newspapers to the effect that Serjeant Armstrong has been appointed to go as Judge of Assize? SIR MICHAEL HICKS - BEACH: Sir, I am informed that it is the invariable practice in Ireland for the three Queen's Serjeants to be named in the Commission of Assize together with the Common Law Judges. Two of the three Serjeants are the right hon. and learned Gentleman the Member for Clare County (Sir Colman O'Loghlen), and my hon. and learned Friend the Member for King's County (Serjeant Sherlock). The Serjeants would, I imagine, in case of necessity, go the circuit in place of the Judges if their other engagements permitted. It is obvious, however, that the two hon. and learned Gentlemen I have named have other engagements. Serjeant Arm strong has been, and still is, engaged in 1 the ordinary business of a barrister on one of the circuits during the present Assizes. Therefore I cannot say whether he will act as a Judge or not. I am at present in communication with the Lord Chancellor of Ireland on the subject. VISCOUNT SANDON: Sir, I had intended to lay upon the Table of the House some proposed Amendments on the part of the Government to the main part of the Bill-that is to say, to the leading part of it, which is concerned with the employment and education of children. As the Amendments do not MR. CALLAN: I beg to give Notice affect the principles of the measure in that on Monday I will ask the Chief any way, and are mostly the carrying Secretary for Ireland, Whether the in- out of possible alterations which I sertion of the names of the Serjeants-at- sketched in my speech on the Second law in the Commission of Assize is not Reading, and are very much in accordsuch a matter of ordinary routine as not ance with Amendments which have now to confer any right, in case of the exist- been for some days on the Paper, placed ence of a vacancy amongst the Judges, there by hon. Members on both sides of to be selected to go as Judge of Assize; the House of great experience in these whether the statement which has ap- matters, I should not have thought it peared in the Dublin newspapers, to the necessary to make any statement on the effect that Serjeant Armstrong has been part of the Government with regard to appointed to go as Judge of Assize, is those Amendments. But as my right correct; if so, whether at the time of hon. Friend expressed a wish to know the appointment of Serjeant Armstrong what points they bear upon, I shall be to go as Judge of Assize the Irish Exe- happy to give a rapid sketch of the cutive were aware that the Serjeant changes which the Government propose Armstrong referred to is the same indi- to make in this leading part of the Bill. vidual as the Richard Armstrong The House will remember-and I must whose name was returned by the Com- apologize for occupying its attention for missioners appointed to inquire into the a few minutes, so as to make clear the existence of corrupt practices at elections gist of the Amendments-that though in for the borough of Sligo, under Schedule a most decided manner the opinion of D, as "Guilty of bribery;" whether hon. Members was shown on the Second the said Commissioners further reported Reading to be against the universal enthat Serjeant Armstrong had expended forcement of bye-laws for direct compul£1,480 in bribery; that the number of sion all over the country, still a very voters so bribed amounted to 97, and of general feeling appeared to prevail that these the names of 65 have been ascer-it was desirable to have some statement tained, among whom the sum of £1,200 in the Bill of the parent's duty to prowas distributed; whether, in conse- vide instruction for his children, and quence of the said Report, the borough various Amendments have been placed of Sligo was disfranchised; and whe- upon the Paper bearing upon this point. ther, in view of the foregoing circum- The Government see no objection to stances and the precedent in the Stonor meet that general wish, and therefore case, Her Majesty's Government are propose to place, as the opening clause to still prepared to appoint, or, if ap- the Bill, a new clause declaratory of the pointed, to cancel the appointment of an parent's duty in the following words :individual reported and scheduled as guilty of bribery to the important judicial office of going as Judge of Assize? ELEMENTARY EDUCATION BILL-THE AMENDMENTS.-QUESTION. MR. W. E. FORSTER asked the noble Lord the Vice President of the Committee of Council on Education, Whe- | ther he can lay on the Table, before the House goes into Committee on the Elementary Education Bill, the Amendments which it is understood he himself intends to move? It shall be the duty of the parent of every child above the age of five years to cause such child to receive efficient elementary instruction in reading, writing, and arithmetic, and if such parent fail to perform such duty, he shall be liable to such orders and penalties as are provided by this Act." The next alteration we propose is in the commencement of Clause 7, which will read as follows: "If the parent of any child above the age of from being taken into employment, habitually five years, who is under this Act prohibited and without reasonable excuse, neglects to pro child". vide efficient elementary instruction for his | Amendment of some importance, which I sketched in my speech on the Second Reading, to which I must now allude; but as the subject is somewhat a complicated one, I fear the Amendment itself cannot be in the hands of hon. Members before Monday at the earliest. I allude to the subject of industrial schools. The Government will make a proposal to enable the erection of day industrial schools under strict provisions which shall prevent their being used for any except the class for whom they are absoI would wish to be clearly understood, of course, not to tie my hands, on the part of the Government, in any way as to not bringing in any further Amendments that we may think fit, or as to accepting the Amendments which are brought before the House by But I hon. Members on either side. felt, as my right hon. Friend opposite desired it, that it would be for his convenience and that of the House that I should give this short explanation of the Amendments to the main part of the Bill which the Government will propose. APPELLATE JURISDICTION BILL. The rest of the clause to remain as it is. Viscount Sandon (Lords.) [BILL 111.] COMMITTEE. on ADJOURNED DEBATE. Order read, for resuming Adjourned Question again proposed. Debate resumed. MR. FORSYTH said, that he wished to address himself especially to the question of the Intermediate Court of Appeal. It was condemned alike by the All adProfession and by the public. mitted that the Court of Appeal ought to be of superior authority as compared with the body from whose decision the appeal was made; and though it might not be composed of better or stronger lawyers, the public ought to think so. For this reason, the Members of the tribunal ought to be permanent, and they ought to have higher salaries. There were now three Lords Justices of Appeal, not one of whom had sat on the Common Law Bench, though Lord Justice Mellish was He feared, how a distinguished member of the Common | putting an Amendment on the Paper had Law Bar. The Times in a leading article been, not to obstruct the progress of the had spoken strongly upon this point, and Bill, but to call attention to the necesthe only statement as to which he dif- sity of something being done with regard fered from that article was that "the to the Intermediate Court of Appeal. evil is not as yet pressing." In his He was, therefore, glad to find that the opinion it was most pressing, and the hon. and learned Attorney General had greatest possible inconvenience was felt placed upon the Paper an Amendment both by the suitors, who had no confi- which carried out in effect the suggestion dence in the constitution of the Court, of his hon. and learned Friend (Sir and by the Judges themselves. The Henry James). No doubt, it was depresent mode of proceeding was hap- sirable that the number of the Judges hazard and undignified. They had before should be absolutely increased; but them the plans of the hon. and learned there were difficulties in the way at Member for Taunton (Sir Henry James) present, and it might be desirable to try and of the hon. and learned Attorney to get rid of the present block of busiGeneral; but he thought the best and most ness without putting the country to any proper course would be to appoint two additional expense. new Judges who should sit in the Court ever, that another year's experience of Appeal, instead of borrowing Judges, would show that, without an absolute it might be for a few hours, from a Court increase in the number of Judges in the of First Instance, where the number at Common Law Division, we should not present was almost too small, so much get rid of the present block of business. so that, owing to the press of work, one In that Division, 303 cases were entered of the Judges had to apologize for giving for trial at the beginning of the Easter an oral instead of a written judgment. sittings in Middlesex. During those Further, he did not think that 20 Judges sittings only 97 causes were disposed of, in the Common Law Division would be and more causes being entered meantoo many. The objection to this plan while, at the end of the sittings there was the money objection, and he feared, were 446 causes for trial. At the preif it were proposed, the Government sent moment there were 457 causes in would resist it. Next to the appoint- the Common Law Division remaining ment of more Judges, he approved of undisposed of in Middlesex alone. There the suggestion of his hon. and learned would be no sittings until November, Friend (Sir Henry James). This sug- and causes would continue to be entered gestion was that two Judges should be until suitors became disgusted. taken from the Common Law Division Guildhall there were 246 causes, infor the purposes of the Court of Appeal; cluding remanets, entered for trial. Two and he was glad to see, from an Amend- Judges were sitting there now, and proment placed upon the Notice Paper by bably there would be three sittings there the hon. and learned Attorney General, for the next 10 days or a fortnight; but he that the Government practically adopted should be surprised if, at the end of the the plan, proposing to place three Com- sitting, still more causes did not remain mon Law Judges in the Court of Appeal, to go over until Michaelmas term. Such and enable a single Judge to deal with a state of things had never existed matters now decided by three sitting in before, and was absolutely intolerable. Banco. It might seem inexpedient to To remedy it, there must either be a trust so much to a single Judge, but in considerable increase in the number of the Court of Chancery questions of equal Judges, or else some provision must be importance were dealt with by the Vice made as regarded the place of trial. The Chancellors and Master of the Rolls provision for one Judge sitting alone. sitting singly. He thought, therefore, would give some increase of judicial that the proposal of the hon. and learned strength, but would not suffice to remove Attorney General was a judicious one, the block. Another remedy might, perand should be prepared to support it. haps, be supplied by preventing so many local causes from being brought to London. Local venues, instead of being abolished, should be extended, and he suggested a rule that causes of action arising in a particular district should be MR. MORGAN LLOYD said, he was of opinion that the Bill contained the best scheme for a Court of Appeal that could, under all the circumstances, be brought forward, and his only object in At tried at the Assizes in that district, sub- | at Nisi Prius, and that in this way adject to the Judges' power to change the ditional strength would be gained for venue, not as of course, but upon good the Court of Appeal. But how could it cause shown. Such a provision would relieve the London Courts to some extent; but even then a block of business would remain, which nothing but the addition to the number of Judges he had referred to or a better arrangement of the cause list could obviate. From inquiries he had made he was inclined to believe that the state of things was worse in the Chancery than in the Common Law Division. The change made by the Judicature Act, which did away with evidence by affidavit and required it to be given orally, was a change for the better; but it had had the effect of lengthening the trial of causes. He had been informed of one case in which witnesses had been kept in town for a month, and the fund in Court having been exhausted by these expenses, the solicitors met and put an end to the cause altogether. In the Chancery Division a radical change was absolutely necessary. Either the number of Courts must be increased, or many cases which now came into them must be tried at the Assizes. The present state of business in the Chancery Courts was a crying evil, and he feared nothing could be done to remedy that growing evil during the present Session, but he hoped some legislation in regard to it would be proposed by the Government next Ses sion. MR. LOPES said, he entirely approved of the Bill so far as it went, but he disapproved entirely of the Amendments of the hon. and learned Attorney General for giving effect to the proposition of the hon. and learned Member for Taunton. It must be admitted that there was at present a great block of business, and in order to lessen it the proposal was that three Judges were to be withdrawn from the Courts of primary jurisdiction, and transferred to the Court of Appeal, and questions of law were to be decided by a Judge at Nisi Prius, and were not to come to the Court in Banco. But the dead-lock was in the Courts of primary jurisdiction; it was in the Courts of Nisi Prius that the stoppage existed. There were 18 Common Law Judges; it was proposed to withdraw three and leave 15; and the hon. and learned Member for Taunton assumed that questions now heard in Banco would be tried Mr. Morgan Lloyn be expected that 15 Judges would be able to deal with business which 18 Judges were now unable to dispose of? What would happen would be that questions of fact would be decided by juries, and questions of law would be reserved for the Judge sitting in London, who would be obliged to have a kind of Court of his own to hear questions of law arising out of the facts of the cases he had already tried on circuit. Now, when questions of law arose at Nisi Prius it often happened that litigants had the advantage of hearing the solemn opinion of the Judge pronounced at the time, and the matter did not go any further; but under the proposed arrangement the Judges would pretty well have their time taken up in hearing points which now never came into Banco. Hence, instead of there being a limited number of appeals involving important points, the number of appeals would be quadrupled. Therefore, no advantage would be gained by the transference of these three Judges. But another consideration showed how absurd this proposition was. These three Judges were to go circuit, and when they returned, instead of being at the Court of Appeal, they would have to hear the questions of law which had arisen on circuit. The Court of Appeal was not so strong as it ought to be, and he thought the best remedy would be to appoint two permanent Judges, leaving the constitution of the Courts of primary jurisdiction alone. The time was not far distant when the Government would be obliged to increase the judicial strength of the country. But apart from considerations as to whether the scheme was good or bad-and bad it was beyond all question -was it not a mistake to introduce it at the fag-end of a Session, as a mere supplement to a Bill intended for an entirely different purpose? It created such an important change as ought to form the subject-matter of an independent Bill. The Profession, the Judges, and the public ought to have a full opportunity of forming an opinion upon it. He ventured to say that not half the Judges at present knew what changes would be effected by the proposals of the hon. and learned Attorney General. He had consulted some of the Judges and could say |