The Express. — London, England, 1853-02-15 00:00:00

IMPERIAL PARLIAMENT HOUSE OF LORDS.—MONDAY, Fes. 14. The Loau Cuexescum t.. 4 his goat at 4 cielftk. _ _ CANADIAN CLERGY RESERVES. The Bishop of EXETER moved for certain returns re lative to the Canadian e'ergy reserves —Ordered. EDUCATION IN IRELAND. The Earl of CLANCARTY complained that the report of the commissioners on national education in Ireland, for Ilia, had not come into th. 4 lordships' hands up to the present time, although it hid been presented in December last, and toire the endorsement of its being comrounieated to both houses of parliament. It should have been in the hands of the members of both houses before the meeting of the lea islature. The Earl ABERDEEN was under.lood to say that the pretei t g iveroment were not responsible for it—lie was sorry that the nnb.e earl should have had cause to complaio --end lie hoped in future such reports would be delivered earlier. LEGAL REFORM. The LORD CIIANCELLOIt—My lords, I rise pursuant to the notice I gave on the first day of our re assembling, that I would this evening state to your lordship., and through your lordship, to the country, the intentions of Die government on the subject of legal reform. My lords. when ire I became acquainted with the piofesaioti of the law—now more than 3.1 years ago—that subject was one which certainly, without the walls of parliameny sod to a great eaten: within, was entirely unattended to—it did not at all arra,t public ett.-ntion. There was, inderil, Me. Jeremy Bentham, who, in his muting epigrammatic, and very often well-reasoned mays, strove to awaken public attention to this important subject; and in the other tonne at parliament there was that individual whose name, when connected with this subject, can never be mentioned but with respect—Sir Samuel Hominy ; and after him there was my noble and learned friend who subsequently occupied the woolsack, and who is not now present, Lord Brougham— they both, from time to time, brought this important sub ject under consideration. I need nut say how different • state of things eai.t. at the present day : the subiect, so far from beteg one that does not arrest public attention, may fairly be represented. putting exciting subjects aside, as one which mon: than any other engrosses the consideration of the reasoning part of the community. All persons desire to have our law. put on sui h a footing that their rights will be clearly and will delimit, and the mode of enforcing them as simple, cheap, and expeditious as the ingenuity of those who direct thi it attention to the subject can devise. Turning hack my attentioa again to the time when I first be came acquainted with the law, I think I may may that that distinguished lawyer—and no one could be more so—Lord Padua—and the seine may he said of those who preceded him on the woolsack—scarcely seem to have considered that the maturing and introducing measure. of legal reform con 'Witted any distinct and essential branch of the duties de volving on them. I don't mean to say that they would have raid, if they bad the question, that they been asked hail no such (heti', but they conducted themselves ea if they bail not Very few measures originated with them, and they rather thought it their duty to watch against hasty and ill•considered measures on the part of others than that measures of law reform should be introduced by the ser vants of the crown. Tint state of things, my lords, has been materially altered in modern times; and to one filling tho office which I have now the honour to occupy, the country looks, if not for the introduction of measures of reform, at least for the general supervision of the whole legal system—(hear, hear)—to introduce measures where it may be neoesnary ; and, on the other hand, to resist thaws which may appear to the government ill considered, and to exercise • general control over the legal condition of the country, la order to keep it in the most satisfactory state which the nature of things will permit. With these feelings, immediately after I had the honour of receiving the great seal from her Majesty, I thought it my duty, with out hesitation and delay, to direct my siltation to the great legal courts of this country, in order to see whether they were in a satisfactory state, and to consider whether there were any measures which I could usefully introduce; oe whether it was well that I should pause be taking say step on each a subject. I felt that diseendsillellenfititilletWO7 opposite of that whisk saluted es tine post thins who held the great sal bolt a amtury ego—there might be a danger lest, from the peat sad wsk Asserved feeling throughout the awalsy that the law empires reform, those litho have the wpse,lties of suck mast may, in order to mom at least to be long what the yobbo requires from them, bring foretold Ineenneon der the Male sake of intro ducing them, without bong windy eolith= that, in the sad, they would be beneficial. There might be a little danger lest tho holder of the great seal might fall into the coarse sometimes pursued by an inferior medical putt. timer, who, teepee he is eal:ed in, will prelieribo • doe. of physic, when, in truth, It woo! have been beet to have left his patient as he found him. Wiab 'noes views, I die meted my attention to the state in which I found the great tribunals of this country; and, first to them courts which, after all, are the most important, the great courts of com mon law, is which all the rights of mankind are enforced sad protected. (Rear, hear.) I wished to consider in what position these courts stood, and whether I ought to interfere with them by attempted legislation. I will not weary your lordship on that subject, by going beet to the state of those courts in by-gone times. I need only re mind your lordships that a great feeling existed a few years since, that the mode of administering justice In the common law courts was attended with unneesesary techni calities and fictions. With a view to remedy that evil, Lord Cottenham only a few works before be assigned the great real, inn= a oommissies. to lapin his the mode of conducting proceedings in the owns of orommem law. That commission was directed to several eminent lawyers, amongst them the present Mr. Baron Martin, who was then at the bar, the then Attaresy-Oeneral, and of lawyem eggs= eminence. It ie impossible to do jumbo to the labesse of those leaned pothook= t they looked through the whole coarse of promosdiegi in the ordinary sewn of law, begin sing at the sammessoment of a raft, wales it from the fret complaint, and amino it throughout till the final termination. They ludo their report sa the 30th of Juno, 1851, and my noble Mead who then mungird the wool sack received that report door at ths ens of the =oleo ; and nothing mould be does as any ant its sirounmandations during that simian at pwilmanat. With that seal, how ever, which all who haw him must be await he posmater, be 'ghosted himself &ashy the hog vacation to tho hands( of a bill to cony= rosommindatilsme as these munimissem. no▪ t bill was framed—baying been supseistendod by my soils friend pally is all its de and put iota the hem in whith he laid it on t our _ lathe es the mom& day = th e amiss of 1&52. efts silionsonle a tf i umormsat osesmd I but that Ad sra sibet she bS, two mimed to a select essemilloo t it thing that the best moils of dealing with the whist be to obtain the maistanor of sumo learned psnans, oat 'members of this hems, Lad Lgadkurst, the Lard Misr Janie, of the Quasa's lea* gataa p ar k s , myself, and others west over the sena dram by Santo. It this sun back to yaw ismithips' boom, mused both hewn of parliament, and received the royal eat on the aft of Juno last year, eingulsrly eaough, emmely twelve maths from the day as whisk** sigama inedotbdr moot ; and it benne the tof ho sow mos law warts oaths fiats =:1 111 &1 torta llibli . i rm hosanna orappoed that the postitioners of the law aad the Wpm boor prejudices spine such aa issnation—l do not stop to *airs if that Jo wall headed—hut if it be there is the must omen testimesy la boom of lie mesones foe having den vereed with ohs jailps sad seesymmetitismors, I fad ono wavered =premiss of eatifectios—thay all my that it ban boss endasstly bofoMel. (Hear, boar.) That being ths Mato @Mims% it might have tangled me *se it wwithi be impopm fin me to attempt anything is that &esti= in the shop Of nth= ; hat, in order that 1 night not let mry own mil= rest es goaeralidas, sad that I might let your lordship kno w the pawn el =inns I Sermed, I mot =Mg pass who way im the ommaimiss, and =- Wthous to go through wish me soma man= of de el* what was the poesst Moto of the law whom sae Meet= with that which wood= it. The groot ti g= the now act was to got lid of ommeemeosy makes the prowtediage nahtto sod sussaget other bras then was this : that in a pat sassy nom taken ia the peissonlisgs in courts of =Ems law, it was neeserary M On= • Me of the nut, the aspen of which, in the shop of the fee, was extremely small ; but the C00111a& ales= were of opinion that it was quite , and s wet quantity of rules were, them.,,, ebollied. have ins retina before : there me a= abilibal Wm. in 1851 were is Me in the those sown amirma km, 34,900 in number, the font epos whisk was est above IL ash, and the when amount of nee am may between thoso mad tow thesis= pan& But en met of the fie Imes a very =all pedal of the mom of the pre ening : w ait. ands= 110 use by his attarlay, mai tho sithadag a role, sepylog it, and serving it had to very semilissible =pow; Therefor, I called on ass ofthethmminism .. srsTs Mr. Wainer, who has donei blaselfladnite atilt by his I mid to kiss," Dou't merely maim yeuresil to • fees of theme" but show me what was the meet of the whole pro eseibel WA. the ski system, mid what Is the eest sew." AMA MINK liagrita the awe of a party peemeding to mew a Md. aid there I se defame ; which the do- MOM Ow as empasitioa and gives se erisesee, bat aye 'De yeas but sad de year want.' Of each pressed ieye thew weep la LIN e is resod sumben, 1,000." New I gat Ifs. Wallas he ateseleia what die sat of seals a peo assibit geoid be maw the pretest eleteta and what it maid udder the eidsystem Unidist the weenie system it Is wise limpesible W Mate eceurately what it would be, be. awe the es te we eleardiag to the anureet cud for ; hut lb. Weld be 41. I dem mid kisa to take Me Wl= ill he meld lay his kends epos, is Ma mem the di meta, sod he Stead the average met fur theseder some warm would be 151. Therefore the great atveatage et that set is *Meet ; and it I Mr. Wat son • epeeist, that If he promested the mem inquiry es to dietringeace—s .qt cumbrous mid clumsy nsessure— the mode of eliforeiag a party into the coon who would sot attend —the saving would have bees as gnat. The pees mazy advantage a therefore apparent; but that is not all. rader the old law, if a party were abroad there were rest diffintltim ia proceeding . You proceeded by out law!), and there was no mode of serving a writ upon I penon out of the country. That however, authorised this to be done and I the e z.! ha! been in operation—from November test—up te about a finalhibt ago, lIC writs bad bee* issued against r parties & Nosa, Mom whom their creditors night be able t e recover the amounts due to them. There is another mode in which it may be well seen that this measure works satisfactorily. It any be supposed that upon the introduction of every sew law, questious must arise upon the p ractice; and when I tell your lo rd ships that the number of suits litigated and not lgigated it between slaty and eighty thousand in the course of the year, Jew lordships grid suppose that there 'must be many ques tions arising out of the pedal's?, however well matured it may be. It -ts eseeefslting, however; that there have been only twelve motions in the three MMs on the sufject of the proceedings ander the act of paella spent to which lam referring ; and of that number ten were not upon proceedings under the new act, but upon the dovetailing of those proceedings into what had gone bitter.. (He..r ' hear.) Nothing can a ff ord a more satisfac tory proof of th e admirable way in which the tours* of Practice under that set has been carried into effect. Bat there is one more satisfactory mode of seeing whether the measure is satisfactory or not, against which there can be no answer, and it is this—l desire to know what is the comparative amount of litigation in the superior courts in the last quarter and the corresponding quarter of tut year, and it appears that the number of writs issued from the 25th Oct., 1851, to the 25th Jan., 11152, was about 19,000; whilst from the 25th Oct. 1b52, to the 25th Jan., 1053, the number issued ha s been upwards of 23,000, being as increase of twenty per cent. If there was nothing more to deter use from legislation on this subject, this. facts are quits enough to warrant me in saying that I will nut attempt to introduce any further re. form. But the commissioners arc still proceeding to make further suggestions and important changes. 1 wu informed that they would have anotner report ready to be submitted I t the crown by this time, and I may now 'evict it almost daily lam told. Your l ordships 1111,0 heard a great deal of the advantages which would arise from a fusion of law end equity—that is, making no distinction between the one and the other. (" Hear, hear," from Lord Campbell.) When the proper time arrives I am prepared to repress my opinion on that subject; but whether that is to be effected in its integrity, or out, every one must feel that when a suit is commenced in a court, that court should be able to give all the relief that the nature of the case admits of —(hear, hear); and that parties should not be handed over frinn court to court. (Hear, hear.) And with a view to introduce en amendment of teat sort a recommends. Awn has come from the commissioners that in 'all eases where, by applying to a court of equity, you would I get what is called specific performance of • contract, whilst I by applying to • court of common law you would get only damages fur its nun-performance, a mandamus should he issued by the court of comment law to enforce substantially that which the party is entitled to. (Hear, hear.) If a man has contracted to have an estate conveyed to him, he I ought to have such estate, according to the common sense view of the matter, conveyed to him. (Hear.) So, again, where • party proceeds ins defiance of • writ, and where I damages only can he recovered at common law, the mode of stopping him at present is by an application to Chancery for an injunction. By the Patent Law Amendment Act the courts of common law have that power ; and the cum- I missionn have beta considering whether that may not he I safely eatentled to other matters, 10 that a party shall be I sopped by the nen which has adjudicated from doing 1 what it has been decided he ought not to do. (Hear, hear.) 1 There are many other subjects ; sad there is one with re- Mena to which, although much may be nisi in its favour, ! • great deal may be urged against it. It is said that trials by • judge instead of • jury is the county courts have been eminently successful. 1 ' Tito noble anti learned lord proceeded to say that it was a matter (or inquiry wheth• r the same principle might not ' wisely be extended to the superior courts; and whether they might not get rid of the machinery of • jury, and leave the question at issue to be decided, at least where the psi - ties wished it, by the judge. Unquestionably if injustice were done by the present system, no considerations collate ral to that ought for a moment to be allowed to interfere; hut in dealing with such a subject as this, they ought not to lees sight of the fact that, in altering the present arrange- inent,they might be taking one step towards unfitting those who were, after all, the parties who had to send represen tatives to the ether house of perliament, fur the perform ance of their duties, and for the exercise of • variety of local jurisdictions, such se Boards of Guardians, which constituted in some sort, a republic in this country • system of self-government (rem which it might be very dangerous to depart. He did not say that he had conclusively made up his mind on the sub ject, bat it was a matter that ought to be approached with great delicacy and caution. His noble and learned friend opposite (Lord Campbell), after his great experience, could not have failed to observe that an 4111140 was when the persons who had been summoned to act as jurors did not quit the hall • much more intelligent set of men than they entered it. It ought, therefore, to be no trifling advantage which should lead them to discontinue • system which proved to be so beneficial ; for be did not think there was any school that read such practical lessons of wisdom, 'or that to much tended to strengthen the mind, as having ; to assist in the administration of justice. (Hear, hear. , He had now stated the view he took in considering whether anything could be done with reference to the common law 1 courts ; and his had come to the nechasion that it would be ; most unjustifiable in him to attempt any legislation on the , subject. He had then nudes similar thquiry with reference to ; the Courts of Chancery; sad hereon, he need notate that 1 a commission had been issued by hie noble and lensed 1 friend then on the woolsack on the 11th of December, ; 1850. lu the coulee of the next session, two honourable members of the other house, not connected with the profes sion of the law, had been added to the commission , _ in ; order that it might not be merely • profession' one. They , made their report on the 27th of January in the last year, ; and • bill was introduced by the So li citor-General, before the , change of the government, into the other house, for the our- ; nos of carrying into effect • portion of that report. 1 The change of government having taken place, his noble ; and learned friend (Lord St. Leonard ' s) ereboelied the rest of the report in two bills, the Masters' Abolition Bill, and , the Improvement of Equity Bill. Now he (the Lord Chan- , cellor) could not but tell that the origin of those measures was attributable to his noble sad Mena friend whom he , saw opposite but his Dub!, mad hashed Mend (Lord St. Imememrs) h ad proceeded with the umieseleasble seal and ability which, though he wee pant, be mist allow.him to say no use else could have showy to embody the remaining recconmemations of the eseesens in two hills at ono. There wee net. as "Gehl these have hen, the same con 'idealism baswed upon than bilis as had been lea epee the Int; but he wee sot aware that they contained any materiel errors. With regard to the weekag of those stemenne, it asst not be expected that the pad ram resulting hem them would be wens se oparest at sane me they bed Men in the sena et mama la; benne In the latter the named- Me= mush coma mil is their character. They bed to 'saes eight and ether matters, whisk alight be commenced, otalemed, end ended within two or three months; but with rowel toast proceedin in equity the man wee very thane& Sege time aunt afore the felines& of the eller ttr eald he i but so far abe se see ea tap mare wean, admirably well. He had steatite iseaddris the cost of proceed ing in the wore of eielllfllle law leader the old system and under the new ; and In eiedet that he might be enabled to do the as thin with mama to the Courts of Chantey, he had regained to have sent him helf-rdosen lIIMIZIOIIe sad orders se they were at present issued; sad he (none of the Lain moan to tell him what the "open mad be now compared with what it would an been under the old plan. As the best mode of letting their lordships see what wee actually the state of the ease he would refer to the very document. He would take an unopposed cause. It was one in which • legatee desired to receive his legacy, and in which the ex manor was quite ready to psy it him, if he could safely do it. The party applied to the court, and the executor was summoned to attend before the Master of the Rolls to show nese why an order should not be made. Au order was made, sae in shawl as few words as it took to tell it to their lordlam It directed en wont to be taken of the amend which the property was worth, ad earthman to be inserted for the creditors to come in, the propelg to be applied for the payment of the debts of theaters% and then what was left to be divided amongst the lepton. Now, under the old system of what was called • bill and answer, that could not have been done fur lees than 681. That had been materially reduced by the alterations in practise made by Lord Cott/ahem • ' end an der that system it would have bees 221. The reduction under the late measures had not been so great as be (Lord Cisaworth) had 'span, but still the bill had been brought by thorns assures down to 131 ; and this be be lieved wee not a favourable swain for showing the work ing of the law. (Hear, hear.) That being the state of thugs, he thought it would are been unpardonable in tat, while there was a 1101111Utillkill still making Inquiries into the subject, if he had attempted to propose any legielatilie en the "object. He did not hesitate to say further, that if be had not come to that conclusion, it would have been impossible for him, after having held the greet seal only seven weeks, for four of which he had sat every day in court frees a little after 10 to 6 o'clock, to have pre pared any nip/steal asserts for the improvement of the Conn of Chutney. With regard to the state of business in the court, a was glad to say that it was, as regarded arrears, is • meet studactory state. He had therefore come to the wiecluion, that whatever course he ought to take, it ought not to be any attempt at legislation on the ' subject of the proceedings in the Courts of Chan . eery. He had had innumerable letters and pamphlets ' sent him by various gentlemen, who wished him 1 to propose what they called some comprehensive measure for the fusion of law and equity, but be could only say that if there must be each a moan it mint be introduced by some one who had held the great seal longer, and who bad given infinitely mon consideration to the subject than he had bees able to do. In the report of the Chancery Coas t saissioners they alluded to a state of things which he emi t and he thought was disereditable to the country, he meant the state of our testamentary jurisdiction. They made in t then report no direct summation on th e subject ; but in the , observations they did offer, they did not differ from the I view which had been taken by the of the ecclesiastical P commission in 1832. That • was proposed by o Lord Lyndhurst, and consisted of the most learne d persons of the day. It was composed of Archbishop 1 Howley, the Bishop of London, the Archbishop of Dublin, and three other bishops; Lord Tenterden, Lord Wynford, l Sit Herbert Joiner Fust, Dr. Lushington, and other distin guished gentlemen. The conclusion to which the commie , as came as substantially this,—that all wills, whether t affecting reel or personal property, should be determined in end general court, and that probate having One* been grantcd—subjeet, of course, to revision by the Court of I Appeal whatever that might be---should be final and con : elusion The commissioners also proposed. that in all eases the eximiostion of witnesses should be viva von. I , Now, he could not but feel that such alterations as would I be necessary would be doing a very great hardship to many i innocent and worthy persons. Having the advantage of I being nearly related or connected with Dr. Lushington, t than whom no one's experience could be greater, he had : asked him to communicate any suggestions as to how any t such change could be carried out, without doing any linne t cemery away to a body Of Men who had made that lonia' THE WORMS% TUESDAY ETININCF, FEBRUARY 15, 1858. of thebBw their study. They must iot make the 'Vann of the law a pretext for injustice tow ers large class of per sons. (Iles, . bear.) Bat theresneaker reason which, if he bed been prepared with a miesore. would have pre vented lira from bringing it in now. Me n a m e and Learned predeoeseor had issui4 a new commission Is November last, with directions to inquire into this very sbbject. Hie noble trisect had stated that there were innumerab'e great and espies evils in the present system. He (tke Lord Chan cellor) could not but regret the terms in which that com mission .as worded. tie thought that it was what our neighbours would call a fact accomplished, that these courts should be amended. If the question, therefore, had been, in what mode that might best, most honestly, and most justly be done, he should not have objected to the commission; but even if it should report the present system to be perfect, he should not be prepared to act upon their recommendation. They alrsady bad the report of 1832; and if there had been nothing to modify that report, he could not see why there should be any further inquiry into the necessity of altera tion. Ile now came to another subject. Three or four yeas ago a commission had been issued to inquire into the Mete of the laws relating to marriage and divorce—both ssi4eata of the greatest public importance. Now, on the subject of the law of divorce, he had an opinion so distinctly formed that he thought no report could shake him out of it. Their lordships would observe that although a divorce, a 141006 110 onotriasonii, was a privilegium or private law, yet so strange were our habits on this sub ject, that when the existence of certain facts was proved, a person was entitled (not absolutely, indeed, but as a matter of common practice) to • private act. If that were so, surely it woe a subject beyond all others in which they ought to have the most perfect machinery for inquiring into those facts that any judicial system could suggest. (Hear.) He need not ask the question of any of their lord ships who were in the habit of attending proceedings of this nature before their lordships' hones ; because he was satis fied they would agree with him that nothing could be axon disgraceful than the scenes which were there witnessed. If certain facts entitled a party to a private act, he (the Lord Chancellor) was persuaded that there ought to be a judicial inquiry carried on in a judicial manner; but there being • commission on the subject he did use think it was hit duty to do more at present them se collect his own ideas on the subject, which he had endeavoured to state so their lordships. (Hear, hear.) He had now stated what he was not going to do; and he was seasible that if he were to stop there he should be open to the remark that he bed hardly kept his promise when he announced to them his intention of stating what he was prepared to do on the subject of law reform. He would not, however, have flinched from that if he had really had nothing to propose. He would rather have run the risk of their observations than have brought forward any propositions that he did not think likely to be of service; but lie bed found what he thought a most beneficial measure almost ready made to his hand. Of all the subjects connected with the cause of reform upon which he bad had different communications addressed to him, there was none upon which so many had been sent to him as the transfer of land. He had directed his attention to whet would be the best mode of carrying in some degree into execution the views of the parties who were making web propositions ; but he had only conic to the conclusion that ascot of these suggestions were founded upon an entire minenception and misunderstanding of the subject. It was that they might easily arrive at a state of things, Trt g l i reti not fur • sort of obstinacy on the part of persons who were against reform, when the transfer of lead should be just as easy as of stock. Now, in the first place, 04). I,OOW. of stock was the same as another 1,0002 ; but every man's sere differed from every other man's, and there must be an identification of every particle of the land which formed the subject of the transfer. That was one diffi culty. Bet another and the real difficulty lay in the state of the law as it existed as • part of the social and political institutions of the country. He found that what was meant by simplifying the transfer of land was really that then should be no ownership, but that in fee simple or its equivalent. In the state of New York he was informed that at present there could be no ownership but fee sim ple ; but that there might be a lease fur twelve years. If that were the state of our law the transfer of land would be very easy indeed ; because the real difficulty consisted in ascertaining tabs right of party who transferred it so to do. Under our system there were all the complexities of nseir, settlements, jointures, entails, and what were called shifting estates; and the party w: .o sold bad to give the party who purchased evidence to satisfy him that there were no such difficulties in his case.' Nuw he (Lord Cran worth) did not think it his duty, nor would it be beneficial, to propose, as • measure of law reform, an alteration of the whole system of entail- a matter which had nothing t r do' with law reform, but was entirely one of social reform, If reform at all. He must deal with the matter, thou, pre cisely as a question of law ; and, that being so, theft were two modes in which the transfer of land might be made less expensive —or, he would rather say, there were two sources of expense in transferring lead. One was the length and complication of the deeds. The other, and the ra ll y important one, consisted in the very difficult investigations of the details in complex conveyances. Now, there was no necessity for legislation on this subject. The reason that conveyances were long was, because the parties purchasing generally liked details to be given which were not necessary. He did not know any suggestion for materially shortening the language of conveyances ; and therefore be fell back upon the other question, namely, the mode in which investigation of details should be made lee, difficult and oeeeslou less expense than at the present moment ? Now, he would not attempt to misrepresent to their lordships or to the country what he conceived to be the advantage of registers. He would not pretend to exaggerate. They would be of little or no advantage. He bad seen • suggestion in some ingenious proposals by which the Gor dian knot might be cut at once. Were what their author (a Mr. Wilson) desired, granted, it might cartaialy be very easily done. He proposed to have a sort of book of titles kept, from which certificates might be given to the owners of the land. Every party was to put down his same in the register, and if within 10 years, or some other fixed time, everybody did not come and claim his rights upon the land, all such rights, whether remainders or the rights of chil dren unborn, should be lost. That would certainly make the transfer of land extremely simple. When they bad created a condor, as it were, of the possessions of every individual, there could be very little difficulty. Mr. Wilson that when one* they got • perfect title of the rthe 'WSW should have a certificate— for instance, that Ms Sams was the absolute owner of such and such a Owe of land, with a reference to a plan—for it seemed to be essential to the proposal that there should be a large map of the estates. If John Jones wished to transfer his land by way of mortgage, the certificate of absolute ownership mat be brought iato the registry and cancelled ; and two ether artifices@ based, one to the mortgagee and one to he" stating his title to the land subject to the payment of taxer., the amend of the mortgage. When the snort crozes peideff.tbetwo certificates would be in turn cancel • settlitele of ownership in fee simple r.•-issued. That wenMeerteinky mu investigation u to title; but he could net me any Lmibility of carrying it out except by a total shoe rights of owners of land. But now, what wan the plea wMeh be (the Lord Chancellor) proposed ? He mold tske very little credit for it, for he bad taken it hem a bill which had passed through their lordships' house wades the auspices of the noble and learned lord opposite. He had made very little alteration in it, but he thought that it did not at all interfere with the principle of the measure, and he was afraid it would hardly satisfy the noble and learned lard (Lord St. Leonard's . ). His proposal was antetantially that of the bill of 1861. He proposed that the owner should come and put his land on the register ; and if he wanted to sell, it should be suffi cient to have that register, which would show in what his title consisted. Then he proposed that .nothing whatever should affect the title, except what was seen on the register in connexion with the original act. It was possible that extreme cases, iavolving fraud, might occur, but they must leen them lobe dealt with when they arose. They must never stop from doing a great good bemuse a risk might arise ; and he thought that the plan proposed would make conveyance sate, simple, and cheap. He did not propose to trouble their lordships with the details of the bill in pro posing its first reading. It was said that all that ought to be registered was • fee simple title; and what was meant was that there ought to be somebody capable of transferring the land. If the party registered wished to make a settle ment, he would put that settlement upon the register. If it was upon the register, any person purchasing would see what the settlement was. Or he might if he pleased not put it on the register, and then the party purchasing would not be affected by it. But, it would be said, that would give • person the power of defeating the settlement. To avoid that the party laterested in the settlement might get an inhibition to stop the injustice. Het should not go further into the matter, because it was a matter that could not be gone into until their lordships had all the details before them. There was another subject' which bad come under his consideration, which he should only glance at, because he confessed it was in such a state that he could net give to their lordships any satisfactory explanation of it details. He alluded to a bill for the better regulation of charities. A bill to that effect also was in troduced by his bun. and learned friend, which passed this house. That bill could not be adopted in the fens pro posed by his hon. and learned friend, became the ma chinery, or the greater portion of it, wee at ea end. The Masters in Chancery existed no longer, or would seas seem to exist. He had consulted with his sable friend the Secretary for Foreign Affairs, and be should introduces bill en the subject at au early day, which wo u ld b e founded • the bill of 861, with some modifications. He had told their lordships why he had not attempted to legislate upon the courts of the country, why be proposed the bill for re , &oration merely in the form in which it passed their lord ship's house in 1851; and he had explained to their lord ships, and he hoped satisfactorily, why it was that he could aot at the present moment be prepared with any mere matured measure of legislation ; but although he was sot prepared with any measure of legislation, he would now proceed to state that be had in some degree, though in a slight degree, commenced, and that he intended as far as in him lay to proceed in the work, which he believed was as much called for, and would be as beneficial to this country, as any measure of legislation which the ablest minister had ever propounded. In their lordships' library would be found the statutes at large, contained in 40 quarto volumes, bat there were many statutes not to be fount in that collection. He thought it might be fairly said that it ' was not creditable to any country, that the statute law should be in such a condition. (Hear, hear.) He had ascertained that from the time of Edward 111., until the cud of the reign of Queen Ann, the number of statutes pulsed was 3,266; from the reign of Queen Anne to the time of the union with Ireland there were 5,962 ; and from the 41st George 111., to the end of 1814, about 6,00 more; making altogether about 14,000. That was exclusive of Irish and Scotch etatutee,the number of which hewas not able tastes ; but he was sure he was not far off the mark, there must be altogetherabout2o,ooo statutes paused. Thatnum i bet was of itself a circumstance which afforded ea irresistible argunsegt fei the neesesity of consolidation ; but got only woo there that enormous quantity of statutn,hut their language was in t►e most repulsive form. It was pan of the common law of the land that there was not, and could not, be a single stop In a statute. He had known arts arise in the leourn in which it was said that the statute would have one meaning if there was a stop at a certain part, and another meaning if there was no stop. Even lawyers could with difficulty understand them. The consequence of this state of things he conceived to be most deplorable. Their lord ships were aware that by a sort of fiction of the law the judges were supposed to know the whole of the law, oral and written. To suppose that they knew all these statutes was absurd. No human knowledge could master them. What had been the consequence? Why, that know ledge was impossible, and therefore ignorance had c,..sseel to be • disgrace. Projects for thus purpose bad prevailed from the earliest times. He would not go into what was done in the tunes of Edward I. and James 1., when it occupied the minds of Sur N. Bacon, Lord Bacon, and Lord Whitelock ; but he would pass on to modern times. In 1806 the Commissioners of Public Re- cords came to this resolution—. That Francis Hargreaves, Esq. ' shall be requested to consider and report to the board as to the best method of reducing the statute law into • smaller compass and more systematic form, and of revising and amending the same in the whole or in part, repealing what is obsolete, and consolidating the rest, specifying the general heads of the statute law, which must necessarily be dealt with in other ways, the est method of rendering the sta tute., as well as future statutes, more concise and uniform in their form of ezpression, and at the same time more per spicuous in the arrangement of their enactment and pre vailing with • statement of such practical rules as appear to be most effectual for this purpose." He believed, however, that nothing more was done by the commissioners on the subject. Then in 1816 the House of Lords came to • reso lution declaring that in their opinion the enactments in the statuteibook should be under separate and distinct heads, and that • person learned in the law should be appointed for that purpose, with a number of clerks under him, not exceeding 10, which being communicated to the House of Commons, the following resolution war adopted by that house :—" That this house doth agree in the said resolution so amended, that from the present state of the statute law of this realm it is highly necessary that effesitual measures should betaken to arrange the matters contained in the statutes in the United King dom of Great Britain and Ireland and in the statutes' passed in the separate parliaments of England, Scotland,' and Ireland respectively under distinct and proper heads." An address was presented to the crown, and the Prince Regent made an answer that he would give directions accordingly ; bat, like all the schemes from the time of Edward VI. up to 1816, that failed also. Upon certain subjects, however, consolidation did take pine*. There was a consolidation of the statutes relating to slavery, to the excite, to the customs, and of some portion of the criminal law. Then, on the 23rd July, 1833, Lord Brougham, then Lord Chancellor, issued a commission to consider the statutes relating to the criminal law, and bow far it maybe consolidated, and also how far other branches of the exist ing statute law might be consolidated. Those commis sioners proceeded with the consideration of what was en trusted to them, and is 1835 they made • report of the con solidation of the statute law ; but the criminal law, which was the main object of their appointment, somehow dropped through. They made some very useful suggestions. They said three courses might be adopted : the first and most limited application would consist of a mere reduction of the existing statutes by expurgation ; that was, striking out what was no longer bindink ; • secsnd and more extended application would consist in classifying and consolidating ; and • third and still more extensive application would con sist of a reduction with such alteration in the remaining enact ments as would snake their apparent import correspond with their legal effect. Nothing was done in the matter,he believed, and in the next year there was • committee of the House of Commons on the subject, but still nothing was done. In 1845 their lordships directed an index of the statutes which had passed from the time of the union with Ireland, and en index was made. That was the state in which this subject now stood; it was a state of things which eminently required a change, but the question was, how far war that change within the range of possibility. He confessed that at one time he thought it was an impossibility, the labour was so great. Within two or three days, however, after he received the Great Seal, his honourable and learned friend, the Solicitor-General, suggested to him that this was net quite so impossible as at the first blush might appear, and after • little conversation on the subject he pointed out this fact to him—that there was published by the late Mr. Chitty a book containing all the more useful statutes bound in four moderate-sized octavo volumes. That was the work which the judges always took with them on the circuit, and they found that for ordinary purposes—he would not say it never failed them, but in nineteen cases out of twenty—it contained all they wanted ; and that was a selection not made with a view of helping the judges on the circuit, but with a view to help the general student of the law. This led him to re fleet more on the subject, and he brought himself to the conviction that it was not only not impossible, but that the difficulties were infinitely lase than at the first blush they appeared to be. Their lordships would very properly dis trust him in making such an avowal, and ask him what foundation he had for what he was saying. He would state what he had done on the subject and what had led him to the conclusion he had stated. Their lordships would recollect that the number of statutes passed from the reign of Edward the Third to the end of Queen Anne was 3,256. That fact he got from the appendix to the report which was made by the commissioners in 1835. The commissioners had gone through the matter most accu rately, and bed not contented themselves with the statutes contained in the printed volumes. Well, that was the quantity of statutes that had pawed ; and how many now remained, because these were the statutes with which they had practically to deal in consolidating ? On that subject also the report was very valuable. Of the whole number, 1814 were repealed or obsolete, and 524 were local, personal, or private, leaving out of the 3,266 only 918, and some of these were partially repealed; so that there were left practically to deal with only about 800 statutes for that period—that was about a quarter of the whole number pared. Therefore, if they could be sure that all the remaining statutes stood in the same position as those which passed from the time of Edward 111. to the endtof the reign of Queen Anne, and supposing be were right in saying that there wets about 20,000 altogether, that would reduce the number at once from 20,000 to 5,000; but he thought it was not a fair or en honest way of looking at the subject to say that there would be in modern statutes the same quantity of obsolete statutes as in the ancient ones, and with a view to seeing how far that might be, be took three separate years at random, and went through the statutes, to see how far this proposition would hold good. First of all, there were the private acts, which were now printed separately; then there was en immense quantity of statutes, which were not repealed in form, but in sub stance—they were no longer law. For instance, " A• set to enable her Majesty to raise 2,800,0001. by Exchequer Bills,"—an act of that kind had does its work at the end of the session. Then, again, there were temporary acts— sets to continue other acts ftom session to session. He need not refer to the annual Indemnity Bill, or to the annual Mutiny Bill, or to bills to enable her Majesty's Commis sioners of Works to build a street. For an illustration of this, in the 41st of George 111., 109 statutes were passed. 20 of them had been repealed asolutely, 67 had expired or become obsolete, 12 were for , so that the 109 melted into 20. Again, in the 43rd of George 111. 127 statutes were pas sed. Of these, 39 had been: repealed, 64 were local and personal, leaving only 14 to be dealt with. Again, in the 68th of George out of 142 statutes only 28 remained. The result was that not one-third of the statutes pared in those years still remained, and as he found that the statutes from Edward 111. to Queen Anne, and in the three years he had mentioned more than four-fifths were gone, he thought he was right in saying that taking the whole of the statutes only one fifth or one-fourth remained to be dealt with. Now be asked if that was a difficulty which was insuperable. He believed that if they applied industry to the subject it might be done, and when their lordships asked bow it was to be done, he would state his view of the subject. He believed it was because there had been nothing but commis sions of inquiry to see how it could best be done. Now what he proposed to do was to take a very simple course, which was this. He thought he should be able to secure the services of Mr. Bellingham Carr who was one of the commissioners. Then, under his own Im mediate supervision, would be employed two or three gentlemen who must be well qualified for the task, and they must give up their whole time to the work. He should make no inquiry as to how it was best to be done. The course be should pursue would be first of all to complete that which was done to the end of Queen Anne, then he should distinguish between local and temporary acts and those of a public nature. Then he proposed not to grapple with great di ffi culties, which would when they came to deal with exciting subjects ; but on subjects on which there would be no party warfare at all, he proposed that they should reduce all the law oa that subject into one statute, that in se doing they should adopt the order in which they found the statute, then, that they should adopt the language in which they found the statute unless they found in it what had led to some particularity of construction, and then they should report that matter to him and he would endeavour to put it into suitable lan guage. If he was asked more in detail, he answered in perfect fairness, that he looked to the pregame of the work itself as likely to suggest to him innumerable modes of carrying it into execution better than any commission could do. The thing bad been done in the state of New York, and he did not see why it should not be done here. He did not merely mean that they should consolidate, but he thought it would be of incalculable advantage that they should also classify the statutes, so that in future legislation t when a statute was passed it should not be hap-hazard, but t it should be placed under its proper head ; so that looking at the clam, say manse insurance, the parties reading it should read through all the statutes, and see what addition had been made. This course was not altogether without precedent, because 50 or 60 years ago they had all the acts I published together, and since then local and private acts ; had been printed in separate volumes. Why should there not be legislation on particular subjects adapted to class A , and class B, and so on. Much then in the statute book , would not be unnecessary and mere waste paper. He con . fessed he looked forward to this as a very great benefit. There was another incidental advantage which he could not but think, keeping as he did his mind steadily directed to the progress which these gentlemen would make,which heshoald report to their lordships from time to time, but he could not help thinking that modes might be suggested by which our lass might be revised, and placed on an infinitely bet ter and more intelligible form than that in which they were at present. lie bad now stated the course which he pro posed to take with regard to legal reform. If it was thought that there was very shortcomings, he could only say he had done his best. It would have been a most scandalous thing , on his part to have accepted the office of the great seal if he had felt himself incompetent to discharge its great tune- • dons. Be certainly felt very great respect fur his noble • and learned predecessor, who had been a friend of his for • more than thirty years, and of the mode in which he dis charged his duke he was as ready as any one to repress • his great admiration, but having said that be was sure their • lordships would feel that he could do no more than de- I vote himself with all his energy to show himself not • unworthy to fill the high office he held; and he did think that the work in which he was engaged would be one of which he should not have reason to be Rehear d hereafter. He might, perhaps, look for ward to consequences too great, but he believed it was a • truth that no wise thing was ever accomplished with out something, perhaps, of romance and enthusiasm in the mind of the person engaged in it ; and though the word ' romance was perhaps little applicable to those who revised ' statutes, yet the consequeaoes were suoh as might be of in- I calculable advantage. He had been encouraged to carry ! on this work by the reflection that he could not advance a • single step without conferring some benefit. The mere t enumeration of the statutes actually repealed would be I something ; the consolidation of some of the easiest statutes 1 would be of some benefit; and if it were possible to classify and improve others, that would be • matter which would confer benefit also. Bat he owned he saw no reason why there should not at some future time, distant, perhaps, be the consummation of that which he had slwsys looked to as I most desirable. He did not see why there should not at some future time be • Code Victoria which should put us I on the same footing as our great neighbour, the Code Na- • poleon, which would survive and have an influence when the other exploits connected with his name had sunk • into oblivion. There could be no greater honour than to be engaged in a work se useful that every step he took he looked forward to beneficial consequences. He trusted that ' sooner or later all this might be accomplished. "Quad ci ass oontingat, *Wu tamers ibunt qui ad mom intendant • cam qui presumpta desperation quo veluit evadendi pro. dews circa arms subatiterent." (Cheers.) Lord ST. LEONARDS thought the noble and learned lord was quits justified in not bringing forward any mate- I vial measures of legal reform. It was quite impossible, • looking at the Urns he had been in office, that any such I measures could have been prepared. He had stated to • their lordships the reason why he hsd not brought for- ward any measures. (Hear, hear.) He (Lord St. Leo. nerds) took it for granted it was because the reforms • which had so recently taken place rendered it • umlaute attempt to touch the courts, till they saw what I had been the effect of the reforms already pissed. His i noble and learned friend had referred to questions which it was very difficult to discuss. He had referred to a report • which had not yet been made, which might lead to some dilloolty, inasmuch as it might imprase the commissioner, whole report had not yet been made, with the opinions ex- M their lordships' house, though he was quite sure L ti noble and learned friend had no such object. There seemed to be a general impression that there should be a fusion of law and equity. With greet respect, he should rather call it a confusion of law and equity. His noble and learned friend said the courts of common law had jurisdic tion in what was called specific performance. That was a subject on which he had the misfortune of altogether differ ing from his noble and I d friend. It mattered not whether it related to goods or real estate, • man was bound to perform his contract; and if he did not damages might be given against him. The law gave a man in case of real estate precisely the same relief that he would have in case of personal estate. Now, courts of equity had a very different rule. A court of equity con sidered that which was contracted to be done as • thing ac tually performed. A court of equity treated • person who had contracted for an estate as the owner of that estate from the minute that he contracted. Now, there was this reason why • court of common law could not exercise any juris diction, and it depended on a variety of circumstances which a court of common law could not grapple with. In , a court of equity the question might be that the r could not show a good title to-day, but he might afterwards, but in law the time was imperative. The Court of Chancery had already all the machinery and all the officers necessary to deal with this class of cases; and to give to the courts of common law the necessary juris diction would be to multiply that machinery and those officers without any possible result or varistiun on the pre sent system. With respect to the question of divorce, he was not surprised that his noble and learned friend had re frained from touching that matter ; and no present benefit could proceed from discussing it until it was regularly brought before parliament by the report of the commission which was some years ego appointed to investigate the sub ject, but which had not yet communicated its conclusions. He had a very strong opinion upon this point; but he would not say a word on it on this occasion. With regard to the question of testamentary dispositions he could not understand the dissatisfaction expressed by his noble and learned friend with the terms of the reference made by the late government to the commission ; but it was clear, if his noble and learned friend found any diffi culty in getting at a conclusion be had only to give further instructions. With this question was involved very closely the consideration of the revision of the ecclesiastical courts ; and in respect to that, he would say that the legislature, in sweeping away that which he apprehended could not very much longer be permitted to exist, must take care not to strike at what was sound in the priaciples, and good in the foundation. As far as he further underst ood the " bill of fare," as he would venture to call the programme of his noble and learned friend, there was to be a bud registration bill, a bill applying to charities, and a consolidation of the statute law. He (Lord St. Leonard.) would be found a determined opponent of the regimes. tion measure. In conclusion he asked their lordships to re member that he had only been throwing out suggestions, and to believe that he was far from desirous to offer any opposition which was not absolutely called for. (The noble and learned lord, who spoke from a bench near the throne, was very indistinctly heard in the reporters gallery ; and our report is necessarily an imperfect sketch of a speech which we were anxious to give verbatim.) Lord CAMPBELL had listened with great satisfaction to the lucid and able statemeat of the Lord Chancellor ; and he must say that he approved highly both with respect to what he had touched and to what he had abstained from touching. The noble and boned lord would have acted most indiscreetly if he had paid attention to what he (Lord Campbell) must call the absurd clamour that was toeing made about "the fusion of law and equity." Articles were appearing in newspapers, and speeches were being made, demanding that there should be a universal jurisdiction on all subjects esjoyed by all court', and by every judge of every kind. This was all very foolish talk. To concede to such • demand would be to cause confusion and misery. Were Great Britain a small state where • single court could administer justice to all persons in that state, nothing would be mere proper than to give to that one court universal jurisdiction. But when you come to a state where the suitors were so nume rous that two or more courts became necessary, then • sub division of labour must obviously at once take place. In ancient times, with the Norman sovereigns, we had the Auto Regis; and that Auks Regis bad juiisdietioa over every matter that came in question. But the state grew, and that court subdivided itself into the Court of Chancery, the Court of King's Bench, of the Exchequer, and of the Common Pleas. And now what was really and gravely proposed was that we should return to the system of the barbarous times of William Rufus and King Stephen. Certainly he agreed to the principle laid down by his noble and learned friend on the wooback, that one court ought finally to decide every ease; and for that purpose, in that sense of the word, there ought to be a fusion of law and of equity; end each tribunal should be vested with powers to decide finally on the cases originating in the first place before that tribunal. At present • suitor was driven first to the Court of Equity, and then to the Court of Common Law, and between the two be was tossed to his exceeding discom fort, and at his possible ruin. He hoped, then, that thee might go in this direction further than the noble and learned lord (St. Leonard.). They knew from the learned works of the noble and learned lord, and from his valuable decisions, that he would be perfectly well able to manage the question that he had suggested, of whether there should be a specific performance of an agreement to purchase land. He (Lord Campbell) did not see why the common law court should Rot finally adjudicate upon such a question. !teethe same reasons he thought the power of granting iujunctions, in copyright and in such matters, might be safely extended. With respect to what had been said about trial by jury, he hoped they would look at a proposal of that kind very carefully. There were numbers of cases brought into courts of common law, and tried by juries, for which the system of juries had never been intended. These were such matters as concerned complicated emanate ; and he trusted that before long there would be a process established whereby such matters might at occe be referred to a legal ' functionary, who would sit before a table, examine papers, and dispose of the question involved summarily. But when we came to Ruestionsc f libel or defemation, of personal wrongs or constitutional questions, involving last' as well as law, then he did say that the jury was the best tribunal that had ever been invented, and he hoped and believed it would long remain a popular tribunal in this country. He could say for himself, speaking after his experience as a judge, • that he thought that juries were much more likely to come • to just conclusions on evidence than all the judges of Eng land. He should lament the day when, as • judge, he was , deprived of the assistance of a jury. Juries were always perfectly ready to receive the assistance of judges; and he would emphatically say that a judge . without the assistance of a jury would di-pose in a very unsatisfactory manner of a large class of gees , tione. With respect to the question of divorce, he was de cidedly of opinion that the Lord Chancellor would do right fir the present:to abstain front touching it. As regarded the question of the registration of deeds, he (Lord Campbell) would make but a very few observations. He did most deeply lament that a measure of this kind would meet with • the opposition of the noble and learned lord opposite (Lord St. Leonardo). He entertained a most sincere admiration t for that noble and learned lord's abilities as a lawyer, and • he knew that that noble and learned lord was a most coa t summate master of his art. His opinion en such a ques t lion was entitled to the utmost respect, but he (Lord I Campbell) hoped that high opinion would not pre vail against what he believed a very desirable reform. . But the noble and learned lord appeared to be apprehensive t that a system of registration would have the effect of taxing • the landed interest ; but why should the expense be more . in England than it was in Scotland or Ireland? The t system prevailed in Scotland, in Ireland, though in Ireland it had not been so well-conducted, and in all our colonies. l Why, then, should it not be equally applicable to England ? l He could discover no reason why it should not, though he I should be sorry to see the plan tested until all the statutes • bearing upon the subject heal been well silted, and the • measure of legal reform as now propounded by his noble • and learned lord, put into full operation as a whole. (Rear, hear.) The bill was then read a first time. ENGLAND AND FRANCE. The rising to ask whether there would be any objection to lay .n, the table a copy of any communications which might have p asse d b e . tween the French and British governments respecting the establishment of the French, said lie certainly should have postponed giving this notice of motion, had he had any ides that the matter to which he was about to refer was to be brought forward in another place. Had he been aware of that fact, he should have preferred waiting to see if the ex planation given elsewhere was so far satisfactory that it should be sufficient to convince him anti the country that her alsjesty's government did not sympathise with the ex traordinary paragraph which occurred in the speech of the right hon. gentleman the President of the Board of Control, uit was reported to have been delivered at Halifax. lie s . ing, however, given notice of his intention to introduce the subject, he felt bound to go on wi.h it ; not that the qucs. non to be settled in his mind was as to whether a particular iodividual made use of certain words without previous de. liberation, but it was whether the government of this country and the government of France, remained upon the same cordial terms of amity and friendship w hich they had been accustomed to hear with so much pleasure. (iltar, hear.) The Earl of ABERDEEN said—My lords, it is not ne cessary to give any assurance to your lordships of the earnest desire entertained by her Majesty's government to cultivate the most intimate relations of friendship and alli ance with the French nation. (Cheers.) For true it is, that so long as the policy of France is tho policy of peace and friendship with all the world, neither we nor any other state have any sort oh right to interfere with the internal affairs of France—(hear, hear)—or the form of government—Cheer, hear)—or even with the dynasty which the French people may please to adept. (Hear, hear.) My lords, I ant happy to assure the noble marquis that the best writable understanding continues unbroken between the governments of the two c untries, nor is there anything that can appear in any shape a hatcver to indicate a desire on either side to interrupt or dim nish the com plete understanding. (Cheers.) Well, my lords, having said thus much, I will venture to say that no person is more eager to maintain this good understanding and good intentions than my right hon friend, to whose speech the nubile marquis has referred. (Hear, hear.) The noble marquis has omitted to describe the circumstances under which that speech was made. It was a speech made to his constituents with a freedom of expression iu which, perhaps, he employed inadvertently terms which he would not have used hail he been address ing the House of Commons. (Hear, hear.) But lam sure if the noble marquis only recollects the circumstances under which the expressions were used he will find a sufficient excuse for them. My right hon. friend was ad dressing his constituents, and arguing against the wish which he perceived to exist amongst some of them in favour of universal suffrage and the ballot. He pointed out with that freedom of expression, which I dare say he very much regrets, and which, had it not been by way of illustration, he would not otherwise have used—he pointed in argument, which, good or bad, was a perfectly legiti mate argument, that the existence of universal suffrage and the ballot in France had not prevented a state of things and a state of law iu France, especially as affect ing the freedom of the press, which he should re gret to see in this country. (Hear, hear.) Well, now, that is the substance of the statement of my right hon. friend. There is nothing to complain of in .t, nor can any man find any thing that he can possibly object to in the spirit with which my right hon. friend spoke. (Hear hear.) I ant assured by him, and he says it with the utmost sin cerity, " that nothing could be further from his intention than to use words which could be considered as offensive to the Emperor of the French ;" and he " regrets that any expres sion should have fallen front him," upon that occasion, " upon which such an interpretation could be placed." (Hear, hear.) The noble marquis did not prim his motion, and the sub ject dropped. MERCANTILE MARINE. Lord COLCHESTER, gave notice that to-raorrow he should ask whether it was the intention of the government this session to introduce any measure to consolidate the law relating to the mercantile marine. The other orders were then diwoeed of, and their lord ' ships adjourned at a quarter to 9 o'clock. HOUSE OF COMMONS.—MONDAi, FEB. 14. The SPIAIIIII took the chair at the usual hour. NEW MEMBERS. Sir John Young, LCrt., retcntlyelecied fnr the county of Cavan, and Lord Alfred Paget, for the hcrough of Lich field, were severally introduced, and took the oaths and their seats. GENERAL COMMITTEE OF ELECTIONS. Sir F. T. Baring and Mr. Fortescne were sworn in as ad ditional members of this committee. Sir J. TROLLOPE presented a report from the same committee, stating that Mr. Vernon Smith, Mr. Owcn Stanley, and Mr. O. A. Hamilton had been appointed u chairmen of election committees. PRIVATE BUSINESS. Mr. BROTHERTON brought up the reports from the committee on standing orders ou a number of PETITIONS PRESENTED. SCOTCH UNIVHILSITISS.—By Mr. MACAULAY, from Edinburgh and another place, praying for the removal of test. in those universities, CuuNTY FINANCIAL BOARDS.-By Mr. CHILD, from the Board of Guardians for the Union of Chadle, IN the county of Stafford; Mr. HEN: WOOD, from a Board of Guardians in Lancashire, in favour of county financial boards. INDIA.—By Mr. HUME, from Mr. Sullivan, complain lag of the absorption of the property of natter chiefs. TN■ LONDON COAL Tax.— By Mr. BLACKETT, from a number of coal merchants and others, against this tax. CONTROL OVER COVNTT RATE.—By Mr. If. RUSSELL, from the Bedford Union Board of ()mirth:nal ; Mr. HEY WOOD, from the guardians of the Burnley Union; pray ing fora law giving the ratepayers control over. THZ LONDON-BRIDGE APPROACHES TOED.—By Mr. BLACKETT, from members of the London Coal Exchange, praying the house to refuse its sanction t•.i any measure for increasing the present charges on. Ciaxitaat. SOLED OP 111ALTH BILL. —By Sir G. PECHELL, from Brighton, praying for the exclusion of that town from the bill. NUNNNRIES AND CONVENTS.—By Sir 11. HALFORD, from Leicester, praying that all nunneries or convents in the British Empire be immediately placed under inspection and control of British law. -..-. T/11 NATIONAL CIALLIIRT PICTCRES.—By Mr. M. GIBSON, from artists and others, complaining of the treatment to which the pictures in the National Gallery were subjected, for the alleged purpose of cleaning them, and praying for inquiry. Lana R.C.SR atztts.—By Mr. KNIG lITLE from the le t ter-carriera of Daventry ; Mr. SC HOLEF I ELD, ' from let ' ter-carriers of Birmingham ; Mr. KERSHAW, from letter earners of Stockport ; complaining of the insufficiency of their salaries, deprived of their usual Christmas gratuities. CLAIMS ON THE EAST INDIA COMPANT.—Mr.BRIGKT, from Colonel Frith, of theliengal Artillery, stating that he has a claim on the East India Company, but that no tri bunal exists before which the claim can be urged, and praying the house, in legislating for the future government of India, to provide a court or tribunal before which such claims can be brought. MATNOOTH ENDOWMENT ACT.—By Sir N. HALFORD, from Leicester, for the repeal of the Maynnuh Endowment Act of 1645. ECCLESIASTICAL TITLES BILL.—By Sir 11. ItALFORD, from Leicester, noticing the Ecclesiastical Titles Bill, and praying for such further endowment as may be necessary to secure due obedience to the law, and maintain the royal supremacy. NOTICES OF MOTION. PUBLIC Harami ACT.—Sir G. PEC YELL, on the 23rd instant, to call attention to the operation of the Public Health Act of 1848, and to the system of legislating by means of conditional orders, &e. bun/L.—Mr. OTWAY fixed the 24th on which to bring forward a motion which he had placed on the paper before the recess, relating to Coloael Outfits and the Barods 'business. RETURNS ORDERED. On the motion of Mr. Btscsarr—Address for return of the sums annually paid as duty on coals broursht into the City or port of London since the 31st day of December, 1831, distinguishing throughout the produce of the Sd , the 4d., and the Id. duties, with the respective application thereof; also specifying, 1. the sums charged on the pro duce of the coal duties in force previously to the Act 1 and 2 Will. IV. c. 76 (local and personal), and remaining un paid on the 31st day of December, 1831 ; 2. the sums sub sequently so charged, specifying the acts of parliament by authority of which they have been raised, and the purposes for which the money was expended ; 3. the several annual payments of interest in the said sums; 4. the several annual payments in liquidation of the principal sums so raised ; 5. the amount of the principal rums respectively charged on the several coal duties, and remaining due at the date of making up the return ; G. the amount (if any) of any further sum authorised by act of parliament to be raised, but not yet raised, upon the coal duties. On the motion of Lord 1). STCART—Metropolitan end City Police.—lteturn of officers of the Metropolitan and City l'ulice charged with offences before magistrates in each year, from 1849 to 1852 inclusive ; specifying the rank of the officer, his age, the time he has been in the force, the nature of his offence, whether convicted or not, the punish ment awarded, and whether he we...retained in the service; total number of men who have been dismissed, fined, sus pended, or degraded by the police commis•ivacrs during the same period, and the number who have resigned their ap pointments during the same period similar return of the City of London police force : return, from each division of the Metropolitan Police, of the number of robberies com mitted, the value of the property stolen, and the value of the property recovered, for each year, from 1549 to 1832 in clusive : similar return from the City of London Police Force : return of the number of persons taken into ca,tody by the Metropolitan Police, and the results, in each year, from 1849 to 18,52 inclusive: and, similar return from the City of London Police (all in continuation of parliamentary paper, No. 133, of Session 1849). THE TRUCK SYSTEM. Mr. C. FORSTER asked whether, in consequence of the report of the commissioner for inquiring into the operation of the truck system, it was the intention of the government to introduce any measure no that subject in the course of the session. Viscount PALMERSTON said he had sot been able as yet to give any attention to the subject, and he was not aware that any reptesentations had aeon made about It; but he shou'd think it his duty to look into it, and if it ap peared that any fresh regulations were ncassary, steps would be taken for supplying them. •