Star. — London, England, 1831-03-25 00:00:00

be taken from England. The honourable member for Preston bad gone, to 'Ministers, and secured his own constituents ham the Ephesian tlagrattoo system, but that him member who an often In the hew hill declared himself the representative of all England. ought to hale see► t cured the rest of nli England as well as Preston ; but there was $ wMe difference between theory and practice. [Mr. Hunt made some *MI" as we understood, in contradiction of something the learned gent/Wean had said.] The Speaker called SirC. Wetherell to order, who apologised and proceeded. That house had been said to dO strange things '; be SI in isten did sometimes whinge things to keep their places. Hoer &hie it .hat this bill, which was said to be ready, and to give three thethbeisto Ireland, was now found to give two more 1 It showed that the list of disfranchised boroughs was a stock in trade—s matter for jobs. He acid private intervention had occatatoried the changes. The Solicitor= general for Ireland had ot last recollected. when Inland was the topic, that there was such a thing as a chatter. He opposed the bill saboadle to the preservation of the Protestant Church and comrtinnity in Ireland, and, as a consequence, to their preservation in England. Lord A LTHORP caved not whether the hon. member called the measure revolutionary, for the people knew it was not such.—{Cheers.) The people were attached to their constitution, and would not have ported a revolutionary messore.—(Cheers.) The hon. member did right to dwell on the petition'', .as similar petitions were indeed rare excep tions. The petition had not been presented on a previous evening be ,.a use his noble friend had not received it. The hon. member had at "aeked the members for close boroughs, who had voted for the bill; he had certainly no reason to complain of the genius of those members, for had it not been for them the matter would semi and eaillyhave been managed.—( Hear.) But after deprecatingas arbitrary the proposition from the hon. member fen Westminster, that the members for close boroughs should abstain from voting, be was himaelf making a near ap proach to it, if be forced them to vote only one side of the question. Hear.) With respect to the principles of the Unions_always urged against, .never in favour of, liberty—the addition of 100 Irish members to the British parliament, had effected a change in circumstances.— But he (Lord Althorp) would more readily consider the three king. dome as forming one truly united empire, than as opposed in their nspective interests. With respect to alarms fur the Protestant este blishment, the emancipation of the Catholics had shewn that they were groundless ; and he could tell the hon. member that the cry for reform would not be stifled by any cry of no Popery. (Loud cheers.) — The disfranchisement of the boroughs had rendered necessary the reduc tion of representatives : if they had been added to papulu districts, mf. nisters would have been accused of favouring the-dentoincy. He had been asked whether ministers had made up their minds to the loss of the sixty boroughs? He said, Yes! ( [nod cheers.) There would he no compromise : the disfranchisement of the rotten boroughs was a main Principle of the bill, and they were determined to stand by it. With res pect to Dublin, the charter had not been considered, but the justice of the church ot Ireland being represented by the university of Dublin, whiff the church of England was represented by that of Oxford. Sir HENRY HARDI NOE maintained that changing the consti tuency and confiscating the charters throughout the kingdom, was re: volution. The boroughs so much stigmatised had heen respected in the revolution of 1688. It was a confiscation without proof of guilt; a. confiscation of the rights of the weak. The measure had within it all the elements of change. Population and property, its pretended basis, had been already violand. Blackburn and Bohon-le.Moov, dith 20,00 d inhabitants, sent one member, while Bedford and Tavistock, with 4,000, sent two members. The claims put in by the member for Waterford for en addition to Ireland, was only a commencement.: The barrier raised between the middle and the lower orders would raise popular excitement, and demands not to be resisted. Tice Member for Waterford had already stated to his constituents that the measure wasa step to the repeal of the union—the Member for Middle. sax bad cautioned the petitioners of Argyleshire to abstain, but only for the present, from petitioning for the ballot. He contended that the influence of the crown and aristocracy had decreased in that House. Contrast the Parliament of George I. with the present. A sudden and violent infusion of democracy would endanger the Monarchy. In Ireland, where five-sixths of the property was Protestants, while five sixths of the population were Catholics, how could population and property be both represented ? No Protestant would be returned unless he had the votes of two-thirds of the Catholics. At the time of the Union 24 close boroughs had been expressly reserved for the preservation of Protestant property. There every man of talent must now either agitate or pander to the popular feeling : or be excluded from Parliament. That the noble lord would avail himself of the disfran chasements to introduce Whigs and supporters he (Sir H. Hardinge) did not believe ; but he could assure him that every individual in the so ciety in which he moved, and with whom he had communicated, viewed the subject with suspicion and alarm. He (Sir H. Hardinge) would never surrender his reason, his honour, and his conscience to the fear of any public or popular resentment, but would always oppose a measure which he considered unfortunate and fatal. The LORD ADVOCATE must again reply to the hundredth time repeated argument that the measure was revutionary. He took the definition of the' British Constitution to be monarchy, peerage, and re presentation of the people. The prerogatives of the Bing and Lords were not invaded. The question lay in correcting the representation of the people. This he contended could not be considered a violation or invasion of the constitution. Two objections chiefly , were offered ; the disfranchisement of boroughs, and the alteration of the qualification for franchise. He should take them separately. Was transferring the representation from decayed—without *trying corrupt boroughs—to more populous places, a revolution ? Were the election to remain e Oh the same class of penons, and on the same plan; would its transfer to districts with more inhabitants, and consequently with more wealth, and a greater need of representation, endanger the Constitution ? But the qualification was changed ;—there he must notice the inconsistency of those who accused the measure of being democratic, and in the same breath called it oppressive to the lower orders. In counties where the bulk of the electors were qaalified at forty shillings, how could the in. 'mixture of ten pound voters, the addition of richer to poorer electors, be in favour of demooracy ? ' In the towns, he contended, that the wealthy class was fur the first time admitted. Again, in the boroughs, wealthy voters were substituted for poor corporation.. He de fied mat the nominees were in that house the asserters of Aris tocracy, not the supporters of the rights of the people of England. Appealing to those who had represented boroughs, it was asked what harm they did ? This—they represented no order ; they represented only the narrow views or passions of individuals. They , presented an obstinate resistance to really popular representation. He denied that the plan would make that house injuriously democratic as regarded the aristocracy ; it was established on too broad a basis to be affected by the changes and extension of suffrage contemplated by these bills. The peopie did rot require democracy ; they considered themselves as living urnier a monarchy adorned by a peerage, and illustrated by popular re presentation. When the representation was extended to the middling clan sett, and the qualification was raised, where was the danger of opening the close boroughs? He could not see the danger, except it could be supposed that the middle classes would wholly disregard whatever tended to uphold their own interests and the institutions of the country. There was the wholesome check of their dependence on their own progressive indus. try, and there was the further security desirable from their increased in. formation. There might be some amongst the population who were discontented—there might be tares among the wheat—there might be poison lucre and there; but he was ready to maintain that they might rely on the mass of the population, then he thought even the close bo rough. would be of little avail—that it would become them with all pos,ibie promptitude to remove the taint, by instructing the people in better knowledge of their rights. (Hear.' Sir R. P EEL said whatever merits might ;belong to the speech stitch they had just heard, that of drawing them to the consideration of the question immediately before the house could not be deemed one of them. (Hear.) The Learned Lord (Jeffrey) had admitted that of the Irish Representation he knew nothing; but in speaking on the sub ;ect he had skilfully inttoduced arguments as to that which, after all, was the most important point of consideration, namely, the ultimate t , ndency of the measure before them. (Hear, hear.) And this was hrnught forward after nine days' debate and consideration ; but he va. not such a partizan as not to admire talent and ingenuity herever they might be found; if it were against him it only tended to show him more distinctly the value of that system which such inge .uity and talent had on the present occasion been attacking. The learn. id lord dented that the measure was revolutionary ; but contended, cu rtou,ly enough, that its chief merits in his eyes were, that it would di. udnish the democracy and add to the aristocracy. (Hear, hear.) As to the measure being " revolutionary," he was not one that liked to use %irk:lames ; but those who termed it revolutionary maintained that its , ffiet was, in which opinion of the pl a n h e c onc urred, that if it were carried they must make up their minds to live under a totally different Constitution. (Hear.) Tile Lord Advocate said, the opponents of the measure wanted two things, the disfranchising parts of the measure, with the change of the elective franchise, &c. He denied that there Ina any such confusion ; but if there were, he maintained that they Were justified in viewing the whole measure. What was the men. sure? Was it not to disturb all the existing relations as to the nume rical proportions of the present representation, and the modes of elect ing last representation ? As to the numerical proportions, did they not add to the Members for Scotland, and for Ireland, and for Wales, in a degree ; and did they not diminish the number of representatives for England? And was there not to be a change in the constituency of every counte_of England, Scotland, and Ireland? And was there not to be material changes in towns and cities, as regirded the limits and principles of election ? Were there more thaw fifty left that were not to be changed by the Bills, and the Privy Coancil ?—(Hear). To re to the sev era l representat i ves bad they not selected one class—for, after ten or twenty years, when the present life interest should be esbausted, th at would be the case? And was not' that change, 'ransferrin g a ll the elective franchise to one class, a monstrous change in the representation of this country ? And was it not oholly unhied ? If it could be shown to be In theory the most beautiful system thet was ever derls e d, st ill a power f u l answer would be ready, when recollecting o _h i at existed, th at i t was wholly untried. He could not--no one could oretel what would be the future system, what the effect in .futste of• the changes projected. Was it nothing to abandon to any govern. 'heat the ancient customs and prescriptions of the country ? Let t hen be called prejudices if they pl ease d ; b ut t h at - w hi c h t h ey ' were going to destroy, those ancient customs and prescriptions, had strong hold of the people, and were great inducements-to obedience. If the proposed system, untried as ft was, had been still better stepported by sogument, trout wisat be knew of Pew goveritniente, be sluesl4 be against it. He should still be disposed to doubt the bdietit df any such asap. It was easy enough to poigt out abstuditiel and inconsistencies in the eopititution ; that certainly could not be ; dadesitegirded'the fhttarC, be tit,di relined tiithetu. that I they had impound to proceed utilM. Brit tt tlit dfielge wife' to be of a ; irwein eland*. What sacsritp had they diat. it weal/ be pat- et ? hear) Their principles shemM that the result must be what would produce continu a l changes. When they cut off siEly-two I boroetrits, dud reduced forty-sev'ett at onct, haw could they say that the malt should be permanent ? Nut, sheet web dully whit, like the ' honourable member for Middlesex (Mr. Hume) said—" Let us be satis fied with this measure ! Let us suppress our opposi ti on and opinions ! and let us not encourage petitions !" But where was the security that all their chdots would not be revived two pears hence ' shoPld this mei sure be earned. Those who bad n o members, yet had a large popula tion,ee would say, Give us members ! you have a fund of 64 places extinguished; ; draw upon that for opr just relief I" How could that change be called permanent, where the ballot was oweged—that ballot which under the new system, if there were ' ay repson for it, would be twice a requisite as it could now be. (Mat, hear.) It was urged that the change would sustain the aristocracy; and stringthen the prerogatives of the Crown ; but, as there was now no reviving the prerogative of the veto possessed by the crown in fames ages—it was a rusty sword, that could no more be drawn forth. Where was the security against the overwhelming influence of the people that would be created by this measure ? If they succeeded in making that house the express image of the popular sentiment, they would find it diffi cult to 'persuade the people that it would ever be right in the Home of Lords to resist any measure that came fro. the Commons. The tendency of such popular aisemblies alwltys had been to assume the executive as well as the legislative. That was the ease in the national assembly, where the right of declaring war was claimed, notwith standing the resistance to such doctrine even by Mirabeau. An here ditary assembly could not long (*.exist with such a popular assembly. But the learned lord said the manure would not make that assembly mote democratic; on the contrary the aristocracy would have more in fluence at elections. The " aristocracy ? " if that were to be so, what would become of their standing order against the interference of peers in elections ? He was afraid that this was ooe of those points where " the sarcasm destroyed the syllogism and where the argument was lost in the vituperation ! " (Hear, and a laugh.) When all was calm, he did not apprehend any danger front the increased admixture of de mocracy in that house ; but when the storm and the tempest came—when there should arise any extraordinary popular excitement—backed by the Press—he feared that the vessel of the state would be swamped by those hurricanes against which the system now ptoposed made no prove'- ' sion. The Right Hon. Bart, then complimented Mr. Sheil—rejoiced that he had been transferred Into that House, and he hoped he would not lend himself to measures that would send himself back from the consideration of the great interests of a mighty empire to discuss ques tions of Dublin police, and mingle in matters of agitation. While listening to that lion. and Learned Member, however, with great satis faction, he bad not been able to avoid congratulating himself on his humble efforts to accomplish that measure which secured such talents for that House, and rejoicing that there existed a state of things which, if such services as his were disregarded by popular gratitude,could still en. able him to find protection amongst the venerable walls of Milbourne Port. As to that part of the measure which extended towns, it would be creating fifty Basatlaws, and another part of it would create through the country 500 or 400 republics—he meant districts. With respect to the question immediately before the house, he would now come to that. He had expected that it would have been somewhat differently intro. dueed ; but the hon. member (Mr. Stanley) had contented himself with merely reading the marginal notes of the bill. The change would very seriously affect the relations regarding the property and religion of Ire land ; he had desired and expected to hear bow property was to be secured and religion maintained in Ireland. A most extraordinary change was projected—it was a decided transfer of power from one party to another. To effect it, the physical force of the country and , the Sovereign were arrayed together. He would not say that the change was revolution ; but it was a greater change titan had ever taken place in this country. After the alliance between the King and the people— ; an alliance that might be easily formed—he was aware that they were t placed in a most difficult situation, whether they adopted or rejected the ; bill; but in his opinion the least evil would be the rejection of the measure, Lord PALMERSTON said the Right Honourable Baronet had expensed himself not against moderate reform ; now he should like to Maw what degree of reform it was that would not be revolutionary.— (Cheers.) Honourable Gentlemen argued as if the rotten boroughs were the supports of the Crown. By that must be meant that they supported the Administration of the day. But if they looked al the list of boroughs to be disfranchised, they would find that as many opposed as supported the Administration. (Great cheers hem the opposition.) His Right Honourable Friend adverted to the first French Revolution, and argued that equal atrocities would be committed in this country, if the principles of the Con. stitutlon were reverted to. Indeed the whole argument went on the basis that the principles of the Constitution were to be avoided In practice. He might as well ee =e that because a madman had committed certain sots in a situation, a man of wind sense would act in the same manner, if placed in the same situa tion, as that the people of &Wand, if restored to their rights, would imitate the co imitate the French in their first Revolution. His Right Honourable Friend had instanced the case of $ Learned gent. (Mr. Shiel) who, rejected by an Iriais county, bad (Mind an en ' trance into that House, of which be was *I an ornament, through ndy the channel of a close English borough which the bill would disfran chise. His right hon. friend might have drawn a different moral from the Instance he quoted. That learned gent. was long eieluded froth his natant nation in the state, and was in consequent* a violent agitator. The Catholic Relief Bill had removed oppreakiit under which he suf. fared, and raised Mir to the exercise of his constitutional rights. What was the consequentie ? Be became a member of that hciuse, exercising his great talents in support of the constitution: Apply this instanee to the people at large ; would they not become the supporters of the con stitution from which they now considered themselves excluded. He could see nothing in the bill that was not calculated to unite all daises of the people in support of the constitution. Mr. GOULBURN said, he consideredtthe influence of the crown on benoghs through the Privy Council, who were to extend the limits of boroughs at their pleasure, would be an unimnstitutionid increase of the power of the crown. Some argued that it would be rune- Pest, and that the alteration in the franchise of the forty-shilling free fielders of Ireland justified the alteration in the franchise proposed by the present plan; but what answer would they give to the future re former, who came to them with thi double example of two alterations, and demanded; universal sufßageluid vote by ballot? The measure be fore the House was likely to produce a change in the constituency of Ireland, which would necessarily .be felt in that House on that question which they all deprecated, the repeal of the Union. Mr. HUNT wished to correct two statements of the hon. member for Boroughbridge. The hon. member said that he (Mr. Hunt) had as.' sumed to be the representative of the whole people of England, and that he had made a bargain with mbfisters for his constituents of Preston; but neither of tho,.e representations was corm:. The hon. member proceeded to show that the present plan of reform was not open to the charge of being immoderate. The population of England, Ireland, and Scotland was 29,000,000 ; of these the males were 11,000,000, and deducting 3,000,000 for children, the adult male population of the three kingdoms might be taken at 8,000,000. At the utmost mi nisters did not promise to make the constituency more than 1,000,000. Averaging the income of this body at 1501. a-year each, we had property to the amount of 150,000,0001. represented. He took threarnings and subsistence of each of the remaining 7,000,000 unrepresented to average 12s. 6d. a week—thus it was perceived that 24,000,0001. sterling, the produce of industry, did not entitle the possessors to any share in the representation. (Coughing.) If hon. members had got had colds he had a fen lozenges in his pocket quite at their envies. (Laughter, mingled with renewed and almost general coughing, as if each honourable member was anxious to prove him. self a proper subject for Mr. Hunt's kindness.) Oh, he was • quite sure it was not done intentionally. (A laugh.) The honourable mem ber proceeded to say, that he thought if the ministerial measure were carried without the addition of vote by ballot, we should be in a worse state than before (great cheering from the opposition side of the house), because the little 101. householder about to be enfranchised were pre cisely that class of men which was more liable to improper influence than any other. (Renewed cheering from the same quatter.) In the counties the plan would give additional power to the landowners and aristocracy, and in the towns the shopkeepers would require the protec tion of the ballot. (Hear, hear.) However he felt thankful to minis ters for doing away with the rotten boroughs, and so did the people ge nerally. After some further remarks, the hoe. gentleman observed, in conclusion, that, every thing considered, he would rather the representa tion should remain as it was, with the protection of vote by ballot; than have universal suffrage without it. Mt. JRPHSON said the hon. member for Boroughbridge had dwelt' on the advantage of bringing into the house whit he called Epliesian members; but, for his pan, he thought if none of the 'list of names the learned gentleman read over had ever entered that boast, the affairs or the country would be conducted with full as mueh i good settee. (Heat': bear.) The competence of parliament had been crllled'in 'quesdon: The Act of Union made the present legislature thelqglelilture of 'the whole country I and was it to be contended that it wed 'not boinpeteni to the purposes of legislation, for which It was constittited? Re tholight that Ireland had not been sutheiently taken into coneidetation, and hi yegretted that his Majesty's ministers bad had so many difficulties geg posed to them ; bat be moped that their mediate *beta be carried, aril, if so, Omelets Irshied'wouid be considered,' as it ought to be, seintii gni part of the ,einto . hi the present thin state of the " bbes~ t~ ii~soo bit would not go IN: ho' 'to-night, but he wasielltele serve himself foe thenthent Mr: GISBORPIth to a declanftion of some Renew Gentlemen on the other side, wile had 'declared that they ap proved of .the measwisr to a great' entente; bat that being represen tones 'of retail bankight,• they enbidered tbeenielves bound to' vote against the seeded Veading , of 'die Bill. Now be ' , tumid ask WOW - thine' Gentlimeo' woiBll sify who bad contended that Mrlnhere for rotten boroughs were the virtually repremeotativea of Birmingham and other large towns which were really unrepresented. He took a view of the state of the present county representation, and said he found that a full half of them were sous or brothers of noble men. He did not see it possible that the government of the country, should it fall into the hands of the Right Hon. Baronet opposite (Sit R. Peel) cooed be conducted, *Hi the assistance of the Member for Boroirghbridge and all his supperter+, without adopting tl.e popular sentiments! of Me country. Mr. RUTHVEN tumid, be regretted that the House had 'seen em. ban-tuned to this late hour in a debate in which the main subject hid bean but little alluded to. The people of Ireland, he spoke it advi sedly, were all looking forward with anxious expectation to the qoestion of Reforrh, this they Might derive the benefit+ which ought to have arisen front the Union, and which they had never yet received. Heap. primed orthe conduct of the present government, and said, that had not the Kitt: Ministry declared their entire hostility to reform, that the country would not have been so dissatisfied with them, nor would they hive been removed from their seats. Mr. H. PANE could not see what England bad done to forfeit such a proportion of the representation as seventy Member., when the other parts or the empire were to have theirs increased He should, oppose any measures connected with so unjust a proceeding. 111 r. 0 MOORE characterised the measure which carried such a sweeping dlafianchlsement'into Ireland a+ illegal, immoral, and alto gether unconstirutiotial. Leave was then given to bring in the Bill, which was read a first time, and the second reading appointed for the 18th of April next. Lord ALTHORP gave notice that, to-morrow, he should bring forward the Annual indemnity Bill; and that the Secretary for the Ordnance should, on Monday next, move the Ordnance Estimates. The other orders of the day were then disposed of, and the House adjourned at Half past One o'Cleck. PRESCRIPTION. A Bill entitled an Act for ShorteniWg the Time of Presciption in car. taln Cases, and for lessening the Impediments to the Transfer of Real Property created by outstanding Terms and Judgments. Whereas the expression " time immemorial" is now by the law of England in many cases considered to include and denote the whole period of time from the reign of King Richard the First, which is sometimes productive of incon venience and injustice; for remedy thereof be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that no claim which may be law fully made at the common law, by custom, prescription, or grant, to any right of common or other profit or benefit to be taken and enjoyed from or upon any land of our Sovereign Lord the King, or of any ecclesiastical or lay person, or body corporate, except such matters and things as are herein specially provided for, and except rent and services, shall, where such right, profit, or benefit, shall have been actually taken and enjoyed by any person claiming right thereto without interruption for the full period of thirty sears, be defeated or destroyed by showing only that such right, profit, or benefit, was first taken or enjoyed at any time prior to such period of thirty years; and when such right, profit, or be nefit, shall have been so taken and enjoyed as aforcsoid for the full period of sixty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was taken and enjoyed by some consent or agree men!, expressly made or given for that purpose by words or writing. And be it further enacted, that no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way or other easement, or to any water course, or the use of any water, to be enjoyed or derived upon, over, or from any land or water of our said Lord the King, his heirs or successors, or any ecclesiastical or lay person, or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of 20 years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of 20 years ; and where such way or other matter as herein last before men tioned shall have been so enjoyed as aforesaid for the full period of 40 years, the right thereto shall be deemed abso lute and indefeasible, unless it' shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by words or writing. And be it further enacted, that when the access and use of light to and for any dwelling-house, workshop, or other building shall have been actually enjoyed therewith for the full period of 20 years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage pr custom to the contrary notwithstanding, unless it shal l appear that the same was enjoyed by some consent or agree ment expressly made or given for that purpose by words or writing. And be it further enacted, that all the prescriptions and claims of or for any modus decimandi, or of or to any ex emption from or discharge of tithes, shall, in cases where the render of tithes in kind shall be demanded by our said Lord the King, his heirs or successors, or by any lay person, not being a corporation sole, or by any body corporate of many, whether temporal or spiritual, be sustained, and be deemed good and valid in law, upon evidence showing, in elutes of claim of n modus decimandi, the payment or render of such modus, and in cases of claim to exemption or dis charge showing the enjoyment of the land, without payment or render of tithes, money, or other matter, for the full pe riod of 30 years, unless, in the case of claim of a modus de cimaudi, the actual payment or render of tithes in kind, or, in case of claim to exemption from or discharge of the render or payment of tithes, or of money or other matter in lieu' thereof, at some time prior to such 30 years, shall be alleged and proved in support of the demand thereto, or it shall be proved that such payment was made or enjoyment had by some consent or agreement expressly made or given for that purpose by words or writing, and if such proof in support of the claim shall be extended to the full period of sixty years, in such cases the claim shall be deemed absolute and indefeasible, unless it shall be proved that such payment was made or enjoyment had by some consent or agreement expressly made or given for that purpose by words or writ ing; and where the render of tithes in kind shall be de manded by any a chbisliop, bishop, dean, prebendary, par son, vicar, master of hospital, or other corporation sole, whether spiritual or temporal, then every such prescription or claim shall be valid and indefeasible, upon evidence showing such payment, render or enjoyment, as is herein before mentioned, applicable to the nature of the claim, for and during the whole time that two persons in succession shall have held the otlice or benefice in respect whereof such render shall be claimed, and for not less than six years after a third person shall have been appointed thereto, and also for and during not less than the full period of 60 tars; and if such times taken together shail not amount to he full period of 60 years, then, upon evidence showing such payment, render, or enjoyment, as the case may be, for and during the whole time of the holding of such two persons as aforesaid, and for and during such further pumber of years, in addition to such six years, as will, ith the time of the holding of such two persons, make up iehe full period of 60 years, unless it shall be proved that uch payment was made, or enjoyment had, by some con nt or agreement, expressly made or given for that pur pose by words or writing. Provided always, That this act shall not be prejudicial or available to or for any plaintiff or defendant, in any suit co action relative to any of the matters before mentioned, now @ommenced, or which Islay be hereafter commenced with) a three years next after the passing hereof; but every spelt suit or action, and the merits and matters thereof, shall be tried and determined as if this act bad not been made. Provided shio, thiit the time during which any person otherwise capable of resisting any claim to any of the mat tars before mentioned shall have been or shall be an infant, idiot, non compos nientis, feme covert, or lay tenant for life, or during which any action or suit shall have been pending which shall have beep diligently proietuted; but abated by the death of any party or parties thereto, shall be excluded in the computation of either of the periods :30 years and 20 years herein-before mentioned, but shall not be excluded or be available in any dile where the right or claim is hereby deelared to he aNkehrte and indefeasible. Provided alio, At i lt the pirson otherwise capable of re sisting the claim to \ airy of the matters before mentioned shall be absent beyond the seethe expiration of the pe riod in that behalf assigned, then ail-in every such case six years shall he allowed for resisting the claim after the return or decease of such person, except only in such cases where the right is hereby declared to be absolute and indefea sible; and Scotland, Ireland, and the Isles of Guernsey, Jersey, Alderney, Sark, or Man, shall not be deemed places beyond the seas. Previous also, and be it further enacted, that in all ac tions upon the case and other pleadings, wherein the parity claiming may now by law allege his right generally, with out averring the existence of such right from time immemo rial, such allegation shall still be deemed sufficient ; and if the game shall be denied, all and every the matters in this act mentioned and provided, which shall be applicable to the case, shall be admissible in evidence to sustain or rebut such allegation ; and that in all pleadings to actions of trespass, and to all other pleadings wherein before the pass ing. of this act it would have been necessary to allege the right to have existed from time immemorial, it shall be suf ficient to allege the enjoyment thereof as of right Ly the occupiers of the tenement in respect whereof the same is claimed, for and during such of the periods mentioned in this act, as may he applicable to the case, and without claiming in the name or right of the owner of the fee, as is now usually done; and if the other party shall intend to rely on any proviso, exception, incapacity, disability, con tract, agreement, or other matter hereinbefore mentioned, or any cause or matter not inconsistent with the fact of enjoy ment, the same shall be specially alleged and set forth in answer to, and shall not be received in evidence on any general traverse or denial of the allegation of the party claiming. And whereas great difficulties are often found and expense created in the making title to and conveying real prope:ty,by reason of outstanding terms of years created for some purpose that has been satisfied; for remedy thereof be it enacted, that all terms of years in any tenements or hereditaments created or assigned for, or in any manner char; e I with or made security for. or declared or directed to be and remain for the raising, securing, or paynunt of money, or any other special or par ticular purpose, shall be deemed and taken to have expired and determined, as effectually as if by efflux of time, at the end of two yea's after such money shall have been paid, or every such purpose shall have been fully answered and satis fied, unless within the period of such two years, or before the passing of this act, or within one year after the passing there of, the same have been, or shall be, by some deed or writing conveyed or assigned, or directed or declared to be and re main in trust, and for the purpose of protecting and waiting upon the inheritance in fee simple or fee tail, in the same tenements or hereditaments, or some part thereof, or for the raising, securing, or payment of any other money, or any other special or particular purpose; and in case any such term shall have been or shall be conveyed or assigned, or declared or directed to be or remain, or shall by any rule or operation of law or equity actually be and remain in trust to protect or wait upon the inheritance as aforesaid, and shall be actually existing and in force on such trust only, and for no other purpose, the same shall and may be merged in such inheritance, and made void, ended, and deter Mined, by a deed to be executed for that purpose by the person or per sons in whom the estate of inheritance shall then be vested, as fully and effectually as if such term of years had been surrendered, conveyed, or assigned by the person or persons in whom the same was at that time legally vested, and whe ther the same shall at that time be legally vested in any per son then in existence or no And be it further enacted, that in all actions, fiats, and proceedings to be commenced after the Ist day of January, which will be in the year of our Lord 1832, all money pay able or secured by any bond, covenant or judgment, or by any estate or term of years created or assigned for that purpose, shall be deemed to be paid and satisfied at the expiration of 20 years next after a present right to receive the same shall have accrued to some person capable of giving a legal dis charge for or release of the same, unless in the mean time some part of the principal money, or some interest thereon, shall have been, or shall be paid, and in such case, theu at the expiration of 20 years after such payment, or after the last of such payments, if there shall hive been more than one. CA KLILE ' S Pe BLICATIONS.—At How street, last night, a young man, who refused to give his name, saying it had been too often in the newspapers already, was charged with carrying shout for sale, without being duly licensed, a large bundle of panaphlete and printed papers, the greater part of which bore the name of Richard Carlile as printer and publisher, and the matter so printed was qUite in character with the class of publications which tl.at pen• n had so long been in the habir ' cf selling to the pul lie, and for which he is now imprisoned. It was stated by en inspector of hawkers' licenses, that he saw the defendant enter three public houses in the neighbour hood of Oxford-sneer, and offer the publications for rale. He sho•saw him sell one of them. The defendant now said, he was going to wait on the Lord Mayor to-morrow ; but the Magistrate said he must first trouble him to pay 101. the &Mount of the penalty he bad incumd The defendant having declared his inability to pay Pitch a sum, was told that he would be committed to prison for three months, or 'until the fine should be paid. He was then removed in custody; and the inspector obtained the permi►sion of the magkirate to retain the pabli. cations, with the view of submitting them to thr.proper quarter. BlItTllB. On the 24th inst. the lady of W. Yuman, I:sq. of Gnat Russell. street, Bluornabury.m.sare, of a daughter. AlAtt BIRD. On the 24th inA. at St. Bride's Church, the Rev. H. Watson, vicar of West %Vretting, rector of Tyd St. tide., in the county of Catnbridge. to Clarissa Ann. daughter of Mr. Gregory, of Fleet.street.—On the lath inst. at St. George's, Bloomsbury, M. Martin, Esq. harrister-at. law, of the Miridle Temple, to 11. Mary, only child of the late J. Staplet..n, Esq. of Calzutia.—Oa Wednesday, at St. George'. Church, Mr. J. Stalin., of Cannon.streei, London, to Mary Barnes, daughter of W. Vaughan, Esq. of 'l' cr. Brock. rear Jaivetpool.—Ost Thursday, the 21tli inst. at St. Jottu's, lletkenws Mr. H. Gooch. of Copplce.row, to Ann Amelia, daughter of the late Mr. R. Stod'hut, of Red Lion streer.—At St. Botolpl's, Bishorgate, on the 24th inst. B. G. Wind's., Esq. of Tottenham, to bliss Arrniger, niece of Wm. Row, Esq. Page -1 green. DIED. On the 20th inst. at the house of her son, Thomas Walker, Req. Charm:mg Dene, Mrs. Walker, of Upper Russell street, Bermondsey, in the /7th year of her age.—On the 20th inst. the Rev. W. Blown, many years ministe► of Baker.srreet Meeting, Enfield, aged 48._.00 Wednesday. the 2:1‘1 init. the son cid. D. Cumming. Esq. of Duke. street, Westminster.—On the 22d inst. at Woodford-hall. Essex, in his 77th year, J. Maitland, Esq. of Lougliton.hall, in the same county. —Or. the22d inst. B. Blake, Esq. of Hampton, Middlesex, aged 811. CORN-EXCHAN( ‘Vheatmew,leeni, Reset 7de ' OM . . &folk. (White) . ns 76a Nerfcßk t & Bur (Red), ON' 72s . 30s 34 5 .! rley, Ms 401 ..Fine 444 41s Peso, Willie . 4AI di' Beikrs . Wheat, ' Peas, Grey.. DA . ♦o+ . fI. 420 32. 36s . :64 3ls • 26. Fad • 22, 244 Float, p*y ssek . 60s 660 J3l MI per Lai Beans. Smill . Oats Pines* ,ppiaod . 454 4981 Rspesied • - miaow... English (qrs.) - 3,7541 Birlei, Portlige ... . • 3466 e i t ob .. . . ...i 1 0sts. Saifigb - 10;4!11 Forrisn • - . . 14. Irish - ' $O. Barley, Ititiltah . 4 a9 9 - 3315 Irish - . . ...... Wish Insmar (sacks) 7,810• 4 . V•. l . * • I I I il I