The Sun. — London, England, 1841-02-03 00:00:00

4,I‘4VI'NING ITION WALSALL ELECTION. (YESTERDAY.) STATE OF THE POLL. Half -past Nine o'Clock .. 139 Gladstone. 14114,1,,f-Past Ten o'Clock 222 171 IL nctst Eleven &Clock 297 . CLOSE OF THE POLL—Foun o'CLoc . 33-) 362 27 • Majority for Gladstone 4NTERBURY ELECTION. SPIRIT of the PUBLIC JOURNALS. FROM TAR DAILY PAPERS OF YESTERDAY. (From the Globe.) The Times and Herald, each in its peculiar way, have given of; samples of what may be expected while the Bill for continuing the Poor-law Commission is be fore Parliament. It would exclude from our columns matter far more worthy of public regard, were we to notice ell the unproved and disproved assertions of the one, and the: insane garrulities of the other. This is, however, unnecessary ; for, though they occupy much space, they contain but little that is new. The Herald asks, " Is n.it the law which Lord John Russell seeks to have renew td and perpetuated, a law to prolong the agonies of hunger—to convert public relief into refined torture—to brand the destitute with worse than the felon's sentet Ice ?" and then, answering the questions in the affirmative, proceeds to vindicate the Conservatives from any share in passing the Poor-law Amendment Act. Now, though we wish the Whigs had the exclu sive merit of originating a measure which we believe has preserved the country from universal pauperism, and the tendency of which is no less beneficial to the poor than eo the rich, on referring to the Report of the first Poor-I ew Commission on which the existing Act is founded, ere find the three first signatures arc—" C. J. London,"" J. B. Chester," and " W. Sturges Bourne." The Conservative party in both houses have acted with fairness. on this questi - n. Indeed, when the Duke of Wellington and Sir R. Peel geve their unqualified sup port and approbation to the Bill, their followers could hardly dissent. Whatever opposition the measure en countered was from the Radical Members ; the Con servatives who dissented being the most insignificant of their class. But we object strongly to the dishonest use which has been made of the Anti-Poor-law clamour by Tories out of Parliament, who have been glad to take the benefit, and throw upon the Whigs the odium ,he Bill. _ . o_ ',"4BURY, TUESDAY EVENING. diffeoc„,ls43.lopened at eight o'clock this rnornirg, in seven whilitoiluue,apr.nol4liinngritybooths d the first hour gave Mr. of 1 1 6 ; an on the next hour's , poll Mr. 101 3. E l3o ed 3, Which reduced Mr. Smythe 's majority (1041, Prom ten to eleven o'clock there was a trem 411,17 truggio, both Parties polling as quickly as possible , 46651 voters were polled in the course of that l tdo'• °. w w „ ll ieb Mr. Wilson had a majority of one, thus ltej, el :" ""'• Smythe's majority to 12. From eleven to th e total there Were 150 voters polled, and the result t hjorj e t t°t f al Poll at that hour placed Mr. Smythe in a itit c h_ Y it ° 8 4. To this return the greatest iniere . s t t was s Aouin be a large majority at that bour then ' would prove a de6isive one. Every chart was trilh o u t le d bY the Blues to reduce the majority, tre k ," ib Nil * Mr. Stivtloe's preponderance on the po u ll t 0 163 each tueeessite hour to 106, 120, 130, and finally The following is th e . FINAL STATE OF THE POLL. FOUR O ' CLOCK. 11 bo ............................ 7_8 , 2 6 Majority _ _ rrt I o u THE EDITOR OF THE SUN. Net neferring to ;our paper of last night, you state, bousd frog of A ntwerp, Jan. 27, that the Ocean, steamer, 114, 0 r1:44 London to Rotterdam. was aground at Goe e h ' e and that it . was impossible to get her afloat. Isto e gof you to contradict such a report, and at the blemionto. state that the Ocean. steamer, Capt. James HamblenNoß. to tilt General Steam heapNavtion Rotterdam. on that day with t utch and koNelltilh_Mails on board, and arrived off the Custom z. next. to thectibir Edward 1 3nks, Capt. R. Stranack, belonging . 4t % li ne Company , 4 got ashore at Goree, but will get at A t e nett s pringltides and may be expected here ' el ' end of this Week'. Sir . our most obedient Servant, __ 69 , Lothard- street, F e b. 2, i T B l 4 l l ° . M A BISHur (From the Courier.) .Dome curious rumours have been afloat within, the last .ew days, touching the passage of certain ill-tempered notes of late betwixt the English and French Cabinets, Or rather all the ill blood was in the diplomacy from this side and the cool courtesy from the other. The subject concerned the unwillingness of the French Government to resume the nego tiations for the settlement of that new commercial convention between the two countries, the pro gress and promise of which has been the staple sub stance for the last two years of- most that has been said in Parliament, and sung in Ministerial leading articles out of doors, in praise of the perfection of foreign policy. Lord Palmerston, if report may be be lieved, put out of humour by the civil dismissal of Mr. Porter from Paris on occasion of the July note and our Egyptian warfare, and stung more still by the polite in difference with which M. Guizot has since consigned to titer oblivion the commercial discussions and conclusions arrived at, has taken it upon him to recall the attention of that Minister to the business, and to inquire what might be his intentions ; to which the glacial rejoinder, in most smooth phrase, is said to have been to the effect, that as it was a matter of no importance, there was no need to waste more words about it. Tnis sort of cut gen teel only made the Foreign Secretary more petulant, and he is understood to have replied, with much tart ness, substantially or in meaning, that, as all cause of quarrel and jealousy had now been removed by the victorious career of the British arms on the coasts of Syria, and by the success of British diplomacy at Alex. andria, it was idle of France to persist in conceiving her self humiliated, to cherish feelings of resentment, and dream of reprisals or vengeance. He is said to bare in sisted besides that, as the commercial negotiations had proceeded so far as actually to have been embodied, or ready to embody, in a regular treaty, which wanted nothing but the formality of signing, he should be en titled to construe the non-agreement for signature and ratification now, taken in conjunction with the vast war like preparations simultaneously carrying on in that country, as evidence of hostile dispositions in the French Government, if not actually constituting a casus belli. What the smart return of M. Guizot may be, or have been, to these home thrusts, we do not profess to have heard. We give the rumours only to the extent and in the order in which they have reached us. (From the Standard.) The trial of the Earl of Cardigan is properly a sub ject of great interest. 'The case is one of the first im pression, to borrow the technical phrase; no prose cution for a duel, unattended with fatal consequences, having bean, as we believe, instituted in modern times. The duty which the Noble Judges will have to dis charge is thus a difficult and painful one. On the one hand, they must decide the question of strict law, without regard to what may be called the substantial justice of their decision : or, on the other side, they must virtually license duelling, by de ciding that its formalities, if fairly observed, absolve from the guilt of attempted homicide—guilt about which, in any other case but that of duelling, there is no doubt either in law or practice. A court of justice is not to be influenced by the wishes of the public ; but even if the public had the choice, it would scarcely know how to form a wish as to the manner in which the question shall be disposed of ; assuming even all that has been stated in the preliminary proceeding to be fully proved.— Nobody can be so cruelly unjust as to desire the punish ment of the gallant defendant for an act which, though Mega!, has been through a long period not merely sanctioned, but enforced by the usages of society ; yet all must earnestly desire that the supreme court of jus tice in the kingdom should give life and energy to a law now slumbering in desuetude, by which, once awakened, the senseless, savage, and unchristian practice of duelling would doubtless be more effectually restrained than by any other law which wisdom could devise. The affair, however, is happily in the best. bands, and we may hope that the august tribunal be fore which Lord Cardigan is to appear may find some safe mod• of reconciling indulgence (which in the case is but justice) to his Lordship, with such an affirmation of the law as shall go far to put an end to duels. URT CIRCULAR. Ni e R o Qotner• Sal Highness Prince Albert, attended by Colone, ko ndi l ° and Lord Alfred Paget. spent the forenoons of Th e / and Sa turday -shooting In Claremont Park.. . !hided .., 11° ,Yal dinner prty at Claremont last: evening in. 1 4 I, , va n 'Y the Ladies P and Gentlemen of the Household tie r A' ik ,sty and Prince Albert will leave Claremont t ( h )t r ,' ll4 for town; in order to receive the addresses ' 444 of Aldermen and the Court of Common day:1111°311 H ighness the Duchess of Kent dined with n e c uegs of GLucester, at Gloucester House, on Mo P r i n nin ri g• "lotte e , e te .7e°rge of Cambridge visited the Duchess of sir 1.1 r yesterday. t bet o p, b e nrY Halfurd, and a Deputation, consisting . o e f rine r• Hawkin s and 0. Burruwes, Messrs. Gittirt 14,,,,,e.°,t1 Basco% and Rideout, had an audience with the l ir of Norrnanby yesterday, at the Home-office. 434- .4 y l4 ,: t d I ‘ ll -YoF had an inte rvi ew with Viscount Mel- w crafty, in Downing-street. . tail or allace, M. P had an interview with the . Cha n n e . 14 be.. °l ; t he Exche ue . ; yesterday, at his official residence 1„--rling-street.1 John sitephen French had an interview with Lord siritj u ssell y esterday, at the Colonial-office. de4 re 9h4 and Lady, C onroy h ave arrive d at t h e i r resi vi at Kensington :from Hurts House, in Berkshire. _ l ln se°lint "; S.drnouth has arriv.d at Farrance , s Hotel, Illehttiond Park. PA Ri —ILONABLE INTELLIGENCE 111)1 ARIVALS. liiii i V in of Exeter, in Grosvenor-square, from Bur- Nrri n ".: s , ll s; ne_r S tam f ord ; Viscount and Viscountess Lord Ts,`°n, in Cavendi s h- square , f rom Oxfordshire ; t,n. ,uurlovr, Portland-pace, from Scotland; the theibiliegh Choi:noodle M.P., from Vale rtoya , e . ; the seat of Lord Y ;nd Lady Delamere ; the Earl 'tor n k i l ts* of Mount Edgecumbe, in George-stree . t, 2rosi en r. g ut co ; Viscount and Viscountess Mahon, in .iirli t ,„ °r •Place, f rom S u ff o lk ; L ord Muskerry, at the 14e l ictcl, Cork -street, from his seat in Ireland ditt„" te ttcue, M. P., and Lady Louisa Fortcseue, at 6re".°4l the M arqu i s of Ormonde's seat in Ireland ; Mr s. e ; t •P ,at ditto; Mr. A'Court Holmes, at d itto; hfrs relay at ditto Sir Stephen Glynne, Bart., - n "roln his ;cat in Flint.hire • Mr. Ord, M.P., and 1441 Cl 4, in Berkeley -square, from Brighton ; Hon. 7 li rld Mrs. Stanley, in Grosvenor-square, from the the seat of the Earl of Derby, near ir Pres s co s t e t a ; t jo 8 043 " °f . Lovelace, in St. James's - square, .fro hi s mit orsetshire • the Duke of Richmond, in Portland- Ba t e ' 6.41 Goodwood Park, Sussex; Colonel and Lady C o liorth, in Arlington -street, from Brighton; the frZ i te's of Minto and the Ladies Elliot, at the Admiralty, li'qicto House Roxburghshire ; the Bishop of Car- i Irt mc the north% the Hon. Captain Gordon, at Argyl A k re, from Scotland • the Dowaer Duchess of Bedfor d , t he L (I* E , , a les Russell, at Campden-hill , from . Scotland; e ks e tie -t. and Countess ' of Hillsborough, from Hillsborough fr o% county Down; Count and Countess De Salis, alllyknock, their seat in Ireland. Colonel Verner, yV 81 . P f " rota bis seat in Ireland ; Mr. Lucas, M.P., from ertstehthire. DEPARTURES. li ou ; uke and Duchess of Beaufort, from Beaufort 14 4 for Badminton Gloucestershire; the Marquis and f or olnoness of Abercorn, ' from Dudley House, Park-lane, the Priory, Stanrnore; ths Earl of Haddington, from WitilieleY-squtre, for Sherborne Castle, Oxon ; Lord c ', u l gh,b3r D'Eresby, from Piccadilly, for Gritnsthorpe, i ii tl it e-. ' ni re; Lord and Lady Kinnaird, from the 8ur ?,11.-pt Hotel, for Fern-hill ; Mr. C. \V.. Codrington, iL %Id" from Park-place, for Gloucestershire; N . L ade lth, from Nlivart's Hotel, on a visit to Lord and th e fit-lndhuist; Lord Wriothesley Russell, for Clime; ; hall,' 4 ". Mr. Talbot, from Mivart's Hotel, for Ingestro Stafrordshire. On Saturday the Duke of Wellington, Lady Burghersh, Lord Maryborough, and Sir Charles Bagel, honoured Mr. Salter with a visit to his studio in Pall-mall, to inspect the celebrated picture of the Waterloo Banquet, previous to its being exhibited by Mr. Moon, in Thread needle-street. The Earl and Countess of Jersey left town on Monday for Middleton Park, Oxon. At the close of the week the Noble Earl and Countess go on a visit to the Duke of Rutland, where a distinguished party is about to assemble. THE EARL. OP CARDIGAN.—We understand that the Attorney-General will conduct the prosecution at the bar of the House of Loris, and that Sir W. Follett, Mr. Kelly, Mr. Watson, and another Learned Gentleman have beet: retained by the Noble Defendant. Opinions vary whether or not there will be a brevet on the occasion of the christening of the Princess Royal, some asserting that so auspicious an event will not be allowed to pass without being marked by her Majesty's sense of the merits of the officers of both services, while others declare Ministers hesitate to recommend the mea sure on account of the expense. Can it be possible that her Graoious Majesty will thus suffer the navy anal army to continue neglected for so trifling as expense as the promotion would require? The amount is more than ten times met by the diminished charge for general and flag officers, in consequence of the numerous deaths amongst them within the last few years. The country is not generally aware that the senior Post-captains are of the year 1806, having consequently held their pre sent rank for thirty-five years, not to mention the many years passed as commanders, lieutenants, and midshipmen. The senior Colonels have many of them been from forty five years to near half a century in the service, and :sot a few of them obtained the rank of Lieutenant-Colonel for service in the field and conduct in action, and were in fact actively employed nearly throu,;hout the whole of the late war with Franco. Both services equally suffer by this delay in the advancement of their officers. In no other nation in Europe has promotion been so slow as in England. Why is this so? Let those who ought. to blush at read ing the fact answer if they can. There is no want of I remuneration in all Government civil appointments; then why are those alone to suffer who bear arms ? Let us hope they will no longer be doomed to disappointment, but that a well-timed and certainly deserved brevet may be accorded on the approaching happy occasion, so that the army anal navy, in accordance with all other classes of her Majesty's subjects, may have fresh occasion to bless her name.—John SIIAKSPEARE'S DESCEND ANTS.—SiIICC the letter from Miss Anna Russell, which appeared in our columns of the 2.2 d of last month, and which was written in consequence of the notice which we gave of the will of Shakspeare on the 7th of last month, and to both of which we refer our readers who may feet interested in this subject, we have received another letter from that lady, in which she takes upon herself to say that every thing stated in her former letter was strictly true, but that an error was made by our printer in substituting the word " three" for the word "then," when speaking of the two children of Lady Peshall, who formed the group painted by Sir W. Beechey, by order of George Miss Russell, in ber second letter, informs us that she has received a letter from a lady, a near relation of Lady Peshall, who does not wish her name to be mentioned, stating that her Ladyship is not a descendant of John Hall and Susannah, the poet's favcurite daughter, but a descendant of a brother of JJhn Hall. This assertion Mies Russell denies, and states that she has waited on Lady Peahalt since she received the letter, and that her Ladyship has confirmed her former statement most im plicitly. Miss Russell concludes her second letter by in viting us to call the public attention to the present situa tion of Lady Peshall, which we most cordially hope may be amended, and which, if, as Miss Russell says, she be the descendant of the great dramatic bard, we think it imperative upon all who admire dramatic genius to alle viate by all the means in their power. —Morning Paper. THE NIGER EXPEDITION.—The vessels which were announced to sail on the 30th ult. ate not ready for sea, nor is it expected that they will all take their depar ture during the present month, as it is intended that about ten days shall intervene between the starting of each. The Soudan will precede the Albert, each of these vessels being now engaged in taking in their stores. The Wil berforce was not to sail from Liverpool till yesterday, and will not probably arrive till the 13th or 14th instant, as, like the others, she will have to call is at Ply usoetis ores.: iii t.ik(; iu be compleint ..f . 1 1 1 volunteers for this particular service. The whole of the crews are complete. T 1- 1 1 SUN,. LONDON. WEDNESD . AY, FEBRUARY 3, F,41 Gallery would be made to contain one hundred Ind twenty persons ; that under that another Gal lery would be erected, capable of contr,ining about eighty persons, that in the space below the bar accommodation would be provided for about siztty per ions, and that a space would bo railed in foe the ac commodation of Counsel. The Earl of SHAFTESBURY then moved that, in order to prevent the necessity of sitting on Sunday, the House should adjourn (on the week of the trial) from Friday to Tuesday. --Agreed to. COPYHOLD ENFRANCHISEMENT BILL. On the motion of Lord BROUGHAM, the Copy hold Enfr.anchiserount Bill was read a second time, and a select committee appointed. The House then adjourned till Thursday next. ROUSE O.F COMMONS, Fen, 2: The SPEAKER took the chair shortly before Fonr o'Clock. C , Annel FERGUSON was introduced by Sir Ronald Ferguson and Mr. Bolton Clive, and took the oaths And his seat for the Is:irke-aidy burghs. Mr. E AST HOPE presented a petition from William Baines o nf Leicester. :a prisoner for the nou-payment of Church-rates amounting to 21. 55., praying the House to take his case_ into consideration, and stating thAt the costs amounte, to no less a sum than 2271. 3s. The Hon. Member the n moved that the petition be read at length by the clerk xtt:the table, which was accordingly done. The petitioner prayed that a Bill might be brought in to abolish Church -rates, or to exempt Dis senters from their payment. Mr. H ANDLEY presented a petition from Mr. Houghton, cornplaini ag of the inconvenience to which Jurors were subjecte d in being obliged to attend assize towns at a great dist ince from their residences, and pray ing that they might be allowed to attend the nearest assize towns only. EAST INDIA PRODUCE. Mr. CRAWFORD presented a petition from the Est India and China Assaciation praying for the removal of the fis3al restrictions which impedad the commerce of India with that country, and which being equally detrimental to the interest of bot coun tries should be removed without delay. - - 00LIVICH-TUESDAY. l'est Royaldown e s rma Y evening 33 non-comm i ss ioned \ oned officers s of the uow, , 'Ppers an d Mi ners, stationed at ooi wieh,sat ' on excellent supper i n t h e Di recto t-General ~ a ; log ether eilington street, and spent a very pleasant evening toitten Mkaitiss.—The standard of hoight for the ad dueed'e of recruits into the Royal Marines has been re it:is:lda:lan:se feet six inches, and the bounty ha.s bee: the same amount as is given in the line, 31. I,s. parties have been sent out from all the div h i ; eor np ' 4 4 !ld active measures are in progress . t . o fill up t 1 / 1401 ; 1 _ 1 ", and add considerably to the efficiency of this 61S; R ols With• EG IM E N T OF FOOT. —A report has prevailed r em In the last few days that this regiment is about to be ks u Y'd from the garrison at Woolwich, and that the 72d jeltnent, now at Portsmouth, where they have remained 1,1": their return from the Cape of Good Hope, will the re 6 4 ii h ere, to occupy the barracks at present filled by call e d ` )11 Friday last A. P. Hurlstone, Esq., was to the bar by the Hon. Society of the Inner Temple. tim e MAJESTY'S BUCKHOUNDS.—For some 1 ,-!' Past the Royal buckhounds have been rather irrcgu -4 t i : t ileir meetings in consequence of the very unsettled th i e i °' the weather Since the departure, however, o the late severe frost; they have had some excellent runs. 'he Earl and Countess of Gingen arrived in illl on Saturday last from Caber Castle. The Noble sir was detained several days at Dublin from indispo -ts. but we understand his Lordship is now convalescent. re ,, l he Earl of Enniskillen, who, on leaving F10,r,-"-eourt ,r,-"-eourt after the Conservative meeting at Belfast, went 11 a ITISt to Sir Philip and Lady Grey Egerton, at Oulton 4rk, Cheshire, has arrived in town. *h Earl an d Countess Craven left Ditehley Park, er e 41 , (1 , they hav e b een passing the week with Sir Frederick 'dY Louisa Johnstone, on Monday for Coombe Abbey. near C oventry. , ,The D u k e of Devonshire will not remain at 4../Ovensh to r ire Hou se b eyond the week, his Grace intending eturn to Chatsworth. COAL MINING EXTRAORDINARY.—In March, laa t3 ° ' 34 w , seven men commenced sinking two coa l -p i ts at 1 Park, between Ashton-under-Line and Oldham, be wonging to Messrs. Leeds and Co. ; and on Thursday • e sk they completed their work. The depth of one shaft l i s 878 yards 6 inches, and the other, 365 yards 2 feet 6 t a e Six out of the seven men have worked the whole ? io sinking. They have cut through ten beds of e c`al, and one of cannel: and, when at the depth cf 180 tYards, they stopped upwards ot 3,0,10 gallons of water e i l l ' i _!'our, without lessening the diameters of the pi's, ua are ten feet each for the whole depth. The men have_ had the good fortune to finish their work without a aZl:g.le accident. On Monday week, the proprietors of the colli er On gave the sinkers a very handsome present. fa st week, as SIX Young men were going down a c oal -pit i n t h e neighbourhood of Llangollen ,t o th e i r wor k, ‘l.l c hain brok e , precipitating them to the bottom ; the mart being about 80 y ar d s d eep, they were all killed on the spot.-- Chester Chronicle. ce, ession AIS OYNE ENTAIL.—The case in th e C our t o f ere ,at the insta nce o f t h e trustee for L')rd Huntly's ditors, against the Earl of Ablvne, for reduction of the A !until by which t h e 8.6, Marquis hold s t h e Ab oyne estates, we hear, been befor e Lord Jeffrey, and taken by him to report to the Inner -house ; but with a long note con tlintug the Lord Ordinary's own opinion in favour of the suffic i ency of th e enta il . The grounds of redu c ti on t r i © d are laid to have been of a technical nature. The entail prohibit s t h e heirs contracting debts as burdens on the lands; but does not prohibit them from incurring debts !enerally, for which creditors might proceed against the ands, and this was pleaded (among other things) against I,lble validity of t!,e entail, As in a question with creditors. u' 4l . Luc,' L . :l*,vi 1101 , :. ;i:at tt.is ath.... , WILT Objet.:tiOtis 41,1 i L 4 .4lllt;:i ; :11:1 :4.-4: I.:, c,...„..1;.0 cl.aractLr as. a Jud ge in such questions, the prevalent opinions at the Bar " kW to be against the success of the trustee in this case. LAW INTELLIGENCId.i. ROLLS' COURT, FEB. 2. The Master of the Rolls sat yesterday in ,the Rolls' Court, Chancery-lane. At the sitting of the Court 30 Town and b 3 Country Solicitors were sworn in before his Lordship, and Masters Lynch and Rose. Consent petitions were then taken, and afterwards the remaining opposed petitions were disposed ot, among which was one in a case of DUFFIELD V. ELVES. It was the petition of Mr. Wilton, vho had formerly been concerned for Mr. Chambers, pra}ing that an order which had been obta'ned, as of course, fur the taxation of his bill of costs, might be discharged. The Master of the Rolls, after hearing Counsel for and against the peti tion, thought Mr. Wilton was entitled to the relief he prayed. The Court will not sit again until Monday. BAIL. COUR7, FEB. 2. 'Sittings at Nisi Priu,, before Mr. Justice WILLIAMS and a Middlesex Common Jury.) ENVIN6 . OSIALDESTON._ . . This was a qui tam action brought by the plaintiff against the defendant, the celebrated actor, to recover certain penalties to which the defendant was liable, for having performed stage plays and other dramatic per formances in a place not properly licenced for such a purpose. It appeared from the evidence that the de fendant had been the manager at the Sadler's Wells theatre in the year 1836, and that during that time he had performed Macbeth and various other characters, but there was no evidence to show that he had received a salary for such services, although it did appear that other actors had been paid by the treasurer. The Jury returned a verdict for the defendant. The Attorney-General conducted the case for the prosecution, and Mr. Kelly appeared for the defendant. COURT OF QUEEN'S BENCH, FEB. 3. LEWIS V. REILLY AND ANOTHER. This was an action to recover the amount of a bill of exchange for 301., brought by the plaintiff against Thomas Watson and Patrick Reilly, who were sur geons, carrying on business in partnership at Kenning ton-cross. The defendant Watson suffered judgment to go by default, and the defendant Reilly pleaded, first, that he did not make the bill ; second, that he and Watson were apothecaries and surgeons in partner ship, and that neither of them was authorised to accept any bills without the knowledge and consent of the other ; third, that the defendant - Watson made the bill without the knowledge of defendant Reilly, and through fraud, of which plaintiff bad notice. The fourth plea was to the same effect, and the fifth was that the partnership was dissolved at the time the bill was endorsed by Watson, of which the plaintiff had knowledge and notice. It appeared that the bill had been regularly drawn by Watson in the name of the firm, and before it became due the partnership was dissolved. The Jury found a verdict for the plaintiff on all the counts except the fifth. A rule for a new trial, or to show cause why judgment should net be en tered for the plaintiff non obstante veredicto was subse quently obtained, and Mr. BUSBY now appeared to show cause agaiest the rule. The issue which had been found in favour of the defendants was, he contended, a material issue. Unless it were shown that Reilly was cognizant of the accep tance of the bill, he could not be held to be legally liable. The Learned Counsel referred to the case of " Sheriff v. Wilkes," in Ist East, " Ridley v. Taylor," and other authorities in support of his argument. Mr. HUMPHRLYS WAS heard in support of the rule. The COURT was of opinion that the}• were doing no violence to language if they believed from the evidence before them that the bill had been drawn during the existence of the partnership. There was nothing to show that the plaintiff had any notice of the dissolu tion of the partnership, and therefore the rule must be made absolute. CENTRAL CRIMINAL COURT. OLD COURT. (Before the RECORDER. ) Charles Downie, a cab-driver, was indicted for wilful and corrupt perjury. Mr. Clarksnn, with Mr. Bodkin, conducted the rrosecu tion. Mr. Prendergast appeared for the defendant. The trial occupied the Court for several hours; but the detail; were of a very tedious character, and the cir cumstances of the transaction out of which the indictment arose are not fit for publication. The Jury ultimately returned a verdict of Not guilty. William Roberts, 18, was indicted for feloniously stab bing and wounding Mary Anne Jones, with intent to do her some grievous bodily harm. Mr. Ballantinc , defended the prisoner. It appeared from the evidence that on the 26th ult. , the prosecutrix and the prisoner were in the Cooper's Arms public-house, Greenwich, when the prisoner , as was alleged, without any provocation, inflicted the injury in question, with a nail, which was picked up close to the place where the prisoner was sitting. The RECORDER having intimated that he did not think the charge of cutting and wounding could be supported, Mr. BALLANTINE said that he could not attempt to deny that an assault had been committed, or to give any justifiea. tion for it. The Jury then found the prisoner guilty of an assault, and the Recorder sentenced him to six months' imprison. anent. The Court adjourned at five o'clock. IMPERIAL PARLIAMENT. HOUSE OF LORDS, Fns. 2. The Loan CHANCELLOR took his scat on the Wool sack at Five o'Clock. The Earl of CARDIGAN was one of the first Pccrs who entered the House and took his seat on the cross benches. The Noble Earl afterwards proceeded to the bar, and conversed for some time with Mr. Wrangham, Queen's Counsel. The Duke of RICHMOND presented a petition from the parish of Dysart, in Sussex, complaining of the insolvency of certain turnpike trusts in consequence of which they had been obliged to repair the roads. INDIA. Lord ELLENBOROUGH had a petition to pre sent to which be wished to call their Lordships,' atten tion, not because he advocated its prayer, but on account of its nature, as it arose out of a law passed four years ago, for the purpose of establishing a Legislative Conn ell, with powers beyond those generally conferred upon that body. The petition was from the town of Betnbay, and it complained that the Legislative Council had trans ferred the power of granting spirit licences to the Chief Collector of Land Revenue from the Chief Magistrate of Police. The petitioners complain that that was an inter ference with the authority of the magistracy. He (Lord Ellenborough) had had a communication on the subject with his Hon. Friend who had been formerly entrusted with the government of India, and he thought the provi sion a good one, and an improvement on the former practice, as the spirit licence could not be entrusted in better hands than the Chief Collector of Land Re venue. He did not think, therefore, that there was any ground for interfering with the independent exer cise of the legislative powers of that body. Among the local magistracy, there were 24 native gentlemen and many Europeans, and it was impossible to sup pose that the Legislative Council meant any discour tesy to them.—Laid on the table. Lord BROUGHAM presented a petitittn from Heavitrce, in the county of Devon, prasinK for the establishment of Courts for the more easy recovery of small debts. The Noble and Learned Lord 4slverted to the measures ho had introduced on the subject, and expressed his concurrence in the prayer of th 4 petition. THE EARL OF CARDIGAN. The Earl of SHAFTESBURY then: rose and moved, that the Earl of Cardigan should be called to the bar, which being agreed to, the Earl of Care.igan appeared at the bar in the custody of the Usher of the Black Rod. The LORD CHANCELLOR then said, if your Lori ship has anything to address to the House the pre sent is a fitting opportunity so to do. If not, Usher of e Black Rod, take the Earl of Cardigan from the bar. The Earl of Cardigan not making any answer, retired in custody. The Earl of SHAFTESBURY—We sholl w. nt your Lordship again presently. His LORDSHIP then moved that a writ of ccrtiorzri should issue to remove the case from the Central Cri minal Court.—Agreed to. Mr. Cl rke, the clerk of the Central Criminal Court, brought in a return to the writ of certiorari, issued by order of the House. The Earl of SHAFTESBURY moved that the Earl of Cardigan be admitted to bail.—Agreed to. The NOBLE EARL then moved that the bail to be required be two sureties, to bo bound each in the sum of 5,0001., and his Lordship give bond for 10,0001. for his Lordship's appearance in that House at any time he was so ordered by the house. The Noble Earl was then put to bar in the custody of the Black Rod, when his bail, Bingham Baring, Eq., M.P., and H. C. Sturt, Es,p, M.P., and his Lordship, respectively signed the bond. On the motion of the Earl of SHAFTESBURY the Earl of Cardigan was then discharged from custody. The Earl of SHAFTESBURY then moved an address to her Majesty, praying that the usual cere monies might be observed at the trial.—Agreed to. Lord BROUGHAM said perhaps it would bo ad visable to state that this address was framed strictly according to precedent. It was the same, mulatis mulandis► as on all former occasions. The Earl of MOUNT EDGECUMBE inquired what accommodation was provided for Peers and strangers Lord DLICANNON said that there would be room sufficient for all the Peers ; that. the Upper :CORN LAWS. Mr. STRUTT;;;;;JaPetTtion from the Mayor and Corporation of Derby, praying for the abolition of the Corn-laws, and the general introduction of the principles of free trade. The petitioners stated that they did not seek any protection or privileges for the manucturing and cownnercial interests to the detri ment of other cla3ses. _ • Sir it. INGLIS presented a petition from the City of Dublin, complaining of the countenance which the East India Company afforded to idolatrous worship in India ; also a petition from the Rev. Charles Millar, Vicar of Marlow, against the Act for the Commuta tion of Tithes. Mr. GROTE presented a petition from Thos. Clark, fourteen years a prisoner for an alleged contempt of the Court of Chancery, and complaining of the administra tion of the law, which entailed groat expense and delay upon suitors. Sir GEORGE GREY presented a•petition praying for medical reform. Mr.F. FRENCH presented petitions from \Vex. ford and other places, praying for an alteration in the law which gives to the Poor-law Commissioners the power of appointing and selecting medical officers, the petitioners conceiving the►: to be unfit for such duties. Also petitions for medical reform. Mr. HUME presented a similar petition from Kil kenny. Also a petition from Glasgow, praying foi Universal Suffrage. CLERK OF THE HOUSE. _ _ The SPEAKER informed the House that he had received a letter from Mr. Rickman, son of the lately deceased Assistant Clerk of the House, stating that he possessed papers relating to the forms and privileges of the House, which he was desirous of disposing of. Lord JOHN RUSSELL said, that he considered the services of Mr. Rickman, for more than twenty-rig years, to have been highly useful to the House and the country ; and he gave notice that he would to-morrow (Wednesday) night move a resolution, in reference to the correspondence alluded to by the Speaker. NOTICES OF MOTION.—DANISH CLAIMS. Mr. CRESS W ELL gave notice that on the 16th of February he should move that the House do on the 23d of February resolve itself into a Committee of the whole House, for the purpose of con sidering the propriety of presenting a humble address to her Majesty, praying that she would be graciously pleased to take into her consideration the Report, dated the 12th of May, 1840, of the Commissioners appointed to investigate the claims of certain of her Majesty's subjects on the Government of Denmark, and that, she would be graciously pleased to direct that those claims might be settled forth with, and assuring her Majesty that that House would make such provision as might be necessary for I that purpose. RAILWAY DEPOSITS. Mr. H. HINDE gave notice that, on Thursday next, at the time of private business, he should move for a modification of the Standing, Order of the House, which required that in all cases of the introduc tion of Railway Bills, a deposit of 10 per cent. on the capital should be paid up, and that a deposit of 5 per cent. should be required instead. MEDICAL PROFESSION. Mr. BROTHERTON gave notice on behalf of his Honourable Friend, the Member for Lambeth, of his intention on Friday next to introduce a Bill for amend ing the laws relating to the medical profession. IRISH REGISTRATION. Mr. O'CONN ELL said that he had come down yesterday for the purpose of withdrawing the notice which he had given of his intention of dividing the House on the motion of which the Noble Lord the Member for North Lancashire had given notice, and substituting for it the following notice of motion, that in the event of any debate arising on the motion of the Noble Lord, he should move that that debate be ad journed until after the 4th of February. He also wished to call the attention of the House to an address which had been agreed to as long ago as the 231 of February last. It was for a return of the number of registered voters in England, Wales, and Scotland, and also in Ireland. Tee returns from England, Wales, and Scotland, had been made and printed, and were now in the hands of Members, but no return had come from Ireland. He wished to have the opinion of the Speaker, as to whe ther he was now entitled to move that the return from Ireland be made forthwith ? The SPEAKER said that the proper course was for the Hon. Member to nuke the motion for the returns, and then if the returns were not made it would be com petent for the Hon. Member to move that the return should be made forthwith. Mr. O'CON NELL said that such being the opinicn of tile Chair, he would then make the motion. REFORM. Mr. HUME said that he would in the first week in March move an amendment to the Reform Bill, to the effect of giving votes to lodgers. Mr. BAINES moved or certain returns with re. spect to the woollens imported and exported in 1840. Ordered. MARINE FORCES. Lora GEORGE LENNOX gave notice that he should to-morroiv move for certain returns relative to the Marine Forces. POOR-LAWS. Lord G. SOMERSET moved for certain returns connected with the Poor-laws. Mr. O'CONNELL n ovcd for certain returns relating to the number of electors in the towns and boroughs of Ireland. DROPPED ORDERS. The Dropped Orders were then disposed of. Lord J. RUSSELL postponed the introduction o his Bill for the Registration of Voters till Monday next On the motion of Mr. G REENE the Select Committee on Petitions for Private Bills was named : and on the motion of Mr. HUME the Select Committee on Printing was appointed. In answer to a question from Mr. SHAW, Lord MORPETH said that the lion, and Learned Gentleman had stated pretty correctly that the amount of the arrears of tithes owing to the clergy in Ireland, which had been cistributcd, was very small, amounting to no more than 6s. 101. in the pound. With r espect to the sums d ue on the sam:, account from the landl or d s , h e h a d to state that a co3sidcrable part had been got in, and was ready for a . most immediate distribution, and he could assure the Hon. and Learned Gentleman, and the House, that his Hon. and Learned Friend was taking the most co gent and stringent steps to recover the rem7.inder. REPEAL ASSOCIATION. Captain POLHILL said, in rising to renew the question which he put to the Noble Lord the Secretary for the Colonies on Friday last, the answer to which was so unFatislactory that he had then given notice of his intention to renew the question. —(Cries of " Order, order, Chair, chair.") The SPEAKER said the Hon. Member might put his observations in doin as that m i g ht give ri se t o a d e b ate. Captain POLH ILL felt g reatl y obliged to the c k ue s s o question, but he must not make any Speaker. He was perfectly in order when he was giv ing the reasons w h y he thought the an swer of the Noble Lord unsatisfacto r y . He was not b ound to enter into sa tisfactory answer th an on t h e f ormer occasion. any discussion of th e q uestion : he would merely repeat r th e e q iv u e e Hr s a t i o m n 0 , in e the hopes that he and th e H ouse wou ld Ho w ould then a s k t h e N o bl e :L or d "Whether her Majesty's Govern ment i s aware o f a ng the sincere thank s o f P r i nce A lb ert letter addressed to T. M. Ra y , Es q. , dated Bucking ham Palace, Ja nuar y 20th, 1841, and signed G. E. to Anson, fo r hthe a r addr ess c j on o ea to his Royal High ness upgn t h e bi rt h yl iNational Repeal A ssoc i at i on o f I re l an d , ' of a Princess ?" Lord JOHN RUSSELL immediately rose and said-44m the Hon. Goutlereau put the q u e s tiou to ale on a former occasion, I have seen the letter t: he refers in the newspapers, but I have not thotuzlit it necessary to trn?ke any inquiry on the subject.—(Loud cheers and. laughter.) SYRIA. Air. HUME swished to ask the Noble Lord the Se cretary for the Colonies whether, by the despatches that had lately 'been received by the Government f;om the Levant, they had. learnt that the treaty of Captain Napier or Admiral Stopford had been carried into effect, and whether Syria had been evacuated, and the authority ef the P or t e esta bli s h e d i n t h at prov i nce ? Lard-JOHN RUSSELL replied that all the infor mation he could give the Hon. Gentleman was to this effect. The tons cation s i gne d by C ommo d ore N ap i er was wahoe t t the authority of the Ambassador, and was *vat approved of by Sir Robert Stopford, and the submission Mehemet Ali had made in consequence of the instructions given by Admi eat Stopford, had been accepted by the Sultan. The Sultan had in consequence given instructions to Commissinners to _proceed to Alexandria, s e had instructed that Commission to inform Mehemet Ali that he would give to him the hereditary Pachalic of Egypt. With regard to the evacuation of Syrin, arreng,ements were making by which Ibrahim and the troops under his command would eva cuate Syria and return to Egypt without molestation. That operation had not yet of' course been effhcreel, but arrangements were being made for the purpose of carry ing it into effect. Mehemet Alt had given proofs of his readiness to fulfil the arrangement by giving up the fleet which belonged to the Sultan. The fleet was fitted out, and it was expected that it would soon be ready to proceed to its destination.—( Hear, hear.) Mr. HUME wished also to ask whether or not that arrangement had been effected by the Sultan in car se quence of advice given to him by the Four Powers? Lord JOHN RUSSELL said the resolution conic to by the S,ltan was certainly in consequence of the advice given hint by the Four Powers.—(Hear, hear.") CANADA. Sir R. PEEL wished to ask the Noble Lord whe ther he had lately received any despatches from the Go, vernor of Canada, and tell titer it was his intention to present them to the House ? Lord J. RUSSELL rather thought no despatches had been received since the last that were presented to Parliament, but h© was not prepared to give eny posi tive answer. Sir R. PEEL then inquired whether any day bad been fixed for giving effect to the Act of Union ? Lord JOHN RUSSELL replied that it had been the intention of the Governor-General to proclaim the onion at the end of January or the beginning of the present month. But (as we understood the Noble Lord, who spoke in a very subdued tone) it would be necessary, very shortly, to assemble the Legislature of Upper Canada, and if the Union was not by that time proclaimed, it was the intention cf the Governor-Ge neral to propose a Special Council to consider what time the proclamation should issue. BETTER ADMINISTRATION OF JUSTICE. The ATTORNEY-GENERAL moved for leave to bring in a Bid for facilitating the Administration of Justice. He said he should occupy but a small portion of the time of the House, because the measure had already been before it, and he believed would not meet with any serious opposition. Tile measure which he now proposed to bring in related merely to that im portant branch of jurisdiction, the Equity Courts ; was very important that the causes which came before those Courts should be decided with all possible celerity ; or that there could be no debate ; but great and lamentable delays had arisen in the administration of that branch of jurisprudence, not withstanding the high character of the Judges who had presided in those Courts, and their unwearied endeavours to afford relief. He believed the great cause of delay had been the increase of business which toes as signed to them. From the increased popu lation of the country, and from its stiil more increased wealth, and the enormous property which came under the administration of those Courts; it was utterly impossible that justice could be done to suitors tinder the present system. The property to be administered was now increased to a vast extant. The introduction of railways and the Acts relating to them had very greatly added to the business which was brought. before those Courts. The consequence had been that numerous complaints had been made of the slow administration of justice. The arrear of busi ness was very great. He belived there were at that time between 12 and 1300 causes in the Court of Chancery. Between the time when a cause was set down for hearing, and the time when it came on to be heard, a period elapsed of not less than three years, and, open an average, it was five years from the time when a suit was instituted, before it was fin,:lly decided. When it had once been disposed of, it came on again on further directions, and that would happen repeatedly before the Court came to its fled decision. The expenses arising from delays in suits frequently amounted to forty thousand pounds. It often hap pened, too, that the solicitors were great sufferers, in consequence of the large sums which they wereeih'iged to advance before the causes in which they might be engaged were ended. Such evils being thus in exist ence, what was to be done ? It was quite clear that some alteration must be made in the administration of the law.—(Hear, hear.) If they first looked to the Court of Exchequer, they would find that to be a tribunal both for the administration of law and equity. There were two divisions of the Court, one for common law, the other for equity—one of the many disadvantages arising from that arrangement was that the Judge before whom equity causes were heard was generally obliged to go on circuit from July to Novem ber, and if any injunction was granted by that Judge a delay necessarily arose from his absence. Another great evil was that there was no appeal from that Court but to the House of Lords. Some remedy must be found for those evils. They must either abolish the equity jurisdiction of the Court of Exchequer, or if they should continue it, the only mode he (the Attorney-General) could see of their so doing was by appointing another Judge who would devote himself entirely to the equity business of the Court, and from whom there should be an appeal to the Lard high Chancellor. It did, however, appear to him (the Attorney-General) better to abolish the equity juris diction of the Court of Exchequer, and allow it to be en tirely a Court of Common LAW. That was the universal feeling entertained on the subject. The first object of the Bill he (the Attorney-General) proposed was to abolish the equity jurisdiction of the Court of Exchequer. The next question was, what addition would be made to the judicial power of that Court ; because, if they abolished the equity jurisdiction they should make some substitute. In 1828, when Lord Lyndhurst was Chancellos, a Bill was brought down from the other House for appointing a new Vice-Chancellor. That Bill did not pass into a law. The question now was what should he the amount of judicial strength in the Court of Chancery. It was proposed by the present Bill that there should be two sew Judges, but that number was not to be continued without again consulting Parlla ment. His (the Attorney-General's) own opinion was, that the number of Judges in the Court of Chancery ought to be increased, as by that means a great influx of the business would take place. The House would probably be suprised when he stated that for debts under 1001. no person thought of going into equity. It was therefore clear that with respect to sums under that amount there was a total denial of justice. Here there was no remedy in a Court of Law, but under the Bill passed at the close of the last session there could be no doubt that great improvements would be effected in the Master's office, and also in the administra tion of Justice in the Court of Chancery He trusted, therefore, that the House would offer no opposition to the introduction of the Bill. All that he (the Attorney-Gcneral) was afraid of was that he should be blamed for not going far enough. His Right Honourable Friend the Member for Ripon had given notice of a Bill to improve the jurisdiction of the House of Lords and that of the Privy Council. He (the Attorney General) admitted the nece!- sity for such a measure, for he thought that the Bill he was then asking for leave to introduce should be kept to itself. He thought that the proper course would be to appoint a permanent Judge of the Court of Chancery, and that the Lord Chancellor should hear appeals in the House of Lords. A Bill for that purpose had been introduced last session. That Bill had not met with the approbation of the House of Lords. He had now brought in a Bill, which he hoped would prove a large instalment of legal reform. One of its objects was to abolish the equity juris diction of the Exchequer, and to dispatch the equity business in a manner that would be satis factory to the country. There were necessarily involved in such a manner, a great number of details which could only he discussed in Committee. But he was happy to say, that neither retiring allowances nor compensation for salaries would form part of those details ; as there were already funds in the Court of Equity, Exchequer, and the Court of Chancery, which were quite adequate to meet the ex penses of the Bill, which he now begged leave to bring n, for the better regulation of the administration of ustice. Sir E. SI.) GDEN said that it was now the time for him to state his opinions upon the pre sent state of the Courts of Equity. He had sup ported a measure for the alteration of the jurisdictio❑ of the Courts of Equity, but that measure was postponed by the Noble Lord opposite (we believe Lord J. Rus sell), on account of the late period of the Session. It was now proposed that two new Judgesin Equity be appointed. Each of the proposed new Judges must have a separate Court, with a separate B sr, and thus in fact it was the establishment of two new courts which was proposed. He thought the House would agree with him, that if there could be a greater evil than the want of sufficient judicial power to meet the judicial exigencies of the country it must be the baying more Courts than the exigencies of the country required—there could not be a greater evil than the useless multiplication of Courts. He knew that it was proposed that one of the Judges fully be a temporary Judge, and that at an uncertain period, aaaaal yt at his death, the Court should no longer bo •an effective Court. Had the Hen. and Learned Gentleman le fiscted on the inconvenience that must necessarily ensue from a great Court of Justice being suddenly extinguished ? The creation of a new Court would at the same time create a body of lawyers attend ing that Court; the supply would be equal to the demand created, and he put it to the House what must be the effect of the sudden extinction of such a Court. He was ready to go to the full extent of granting all the judicial power that might be wanted, if that want were proved, whatever might be the inconvenience attending it ; but he felt so strongly the evils arising from the establishments of more Courts than were wanting that he should expect a strong case to be made out for' the establishment of two more Courts. His Learned Friend had not entered much into detail in stating the case to the House, but the returns for which he (Sir E. Sugden) had moved, which he himself had seen, and which would be in the hands of Hon. Members in the course of a few days, would show that his Honourable and Learned Friend was entirely mis taken in the statement ho had made, with regard to the state of the arrears in these Courts. His Honourable and Learned Friend had stated that there were from 1 '2OO to 1,300 cases in arrear in the Court of Chancery. Now his Hon. and Learned and had in his statement more than doubled the ac tual ammiet—the number of cases in arrear did net amount to one-half that number. Again, his Honourable and Learned Friend had stated that eo cause could be heard until three years after it had been set down. Now, the fact tens, as regarded one of those Courts, that the Master of the Rolls was now engaged in hearing causes is their regular course, not one of which bad been set clown prior to Easter term, 1840. He entirely acquitted his Hon. and Learned Friend of any intention of misleading the House, but he had certainly entirely mistaken the case. Ile would not deny that great and unavoidable delays had taken place in the Court of Chancery, and, seeing how all the :treat offices of that Court were filled, he would • admit that it was hopeless ever to expect to see Judges more capable of filling their high stations than those learned persons who presided over these Courts. It was impossible men could do more by a total devotion of all their time to the execution of the duties of their office then. those learned persons did— (Cheers.) And he felt assured that what they had not been able to do, no other persons would be able to accomplish. His Hon. and Learned Friend had reminded the House, that in 1829 ho had proposed in that House what was commonly called Lord Lynd hurst's 13i11, for the appointment of one new Judge in Chancery, and he would say that if that new Judge had been then granted with • the same good will with which he was now disposed to grant it, the delays complained of would not now have existed.— (Hear, hear.) The Honourable and Learned Gen tlemen had also said, that the Court of Review had not answered the expectations which had been enter tained of it, and that it was proposed that it should be abolished. Now when the establishment of that Court had been first proposed, they had talked for hours against it on his side of the Mouse without avail.—(Opposition cheers.) lie himself had shown the utter impossibility of there ever being business sufficient to occupy the time of thet Court, and, notwithstanding all, a new Court had been established with four new Judges, in the face of every argument. What had been the consequence ? Why, that Court had sunk lower and lower in his esteem, until at length it was acknowledged to be of no use whatever, and had gone far to bring the administration of justice into contempt, at least as far as the establishment of a useless Court could do so. Ho trusted he bed stated sufficient to show the ex treme danger arising from the creation of useless Courts. As in 1 - 829 and 1830 so he still thought that it was ab solutely necessary that one additional Judge should be appointed. If his Hon. Friends on the other side of the House could show him and the House, by figures, that two Judges in addition were necessary, he should cheerfully acquiesce in it. He was anxious that the Court might be placed in a situation to answer the exigeuces of the case.—(Hear.) It had been said that a great many compromises had been made, and that when there was additional accommoda tion there would be fewer compromises, and a great many more cases to bear.—(Hear, hear.) N'- thing surprised him more than the statement of the great number of compromises thet had taken place is the Court of Chancery. It was a great mistake to suppose that one-tenth part of what had been stated in evidence was the real amount. These parties generally took the number of bills filed, then they reckoned the number set down for hear ing, and finding that perhaps thirteen cases have slipped out, they say ail these had been compromised. After the cases are set down for hearing, another number slips out, and here they say is another compromise. Now there was not. the slightest foundation for that statement. He (Sir E. Sugden) knew something of the practice of the Court of Chancery, and he could assert that nothing aces more rare than compromising. The case might not be a promising one, and when the Bill was filed it was met by a demurrer or plea which formed a complete answer to it, and consequently it went for nothing. Another class of cases was injunctions, and when the motion was once made, whether it semis successful or not, there was nothing more heard of it. There was another great class with which the parties having made up their minds to go to law were anxious to ob tain the sanction of a person of character. A per son was determined to go to law. He was told by Counsel that he had no case. The case you have stated, he was told, affords no equity ; you will be beaten ; I cannot advise you to file a bill. What did he say t " Why, Sir, that is all very true, but I tell you that my opponent has certain papers in his possession ; he has made admissions to the effect that ho has them ; those papers will prove my equity, arid, therefore, if' I file my bill when this man is put upon his oath, he will prove my case." Counsel told such a man not to be deluded, not to file a bill, for that when the answer would come in it would destroy every tittle of his equity. If they took what he had stated into consideration, it would account for a great number of cases that never came to a hearing. His impression, therefore, was, that they could not, by melting any great addition to the number of Judges facilitate the adjudication of causes. From some returns for which he bad moved, it appeared that the Lord Chancellor, in the sittings of 1839, and ending in 1840, had heard 79 original causes, and 22 exeptions ; so that the Lord Chancellor had heard 101 original motions as a Judge of orginal juris diction. He had heard during that time 130 appeals. As that seemed to be a very !Loge number he would explain to the House that the average number of appeals, ori ginal causes, and exceptions, was from twenty eight to thirty, and the large number that he had stated was made up of motions and petitions. Great misapprehension had gone abroad with respect to short causes. Many persons supposed that they were not adverse causes ; now that was not the fact, for sometimes it happened that some of the most im portant points of law were decided upon short causes, without that consideration which a Judge was bound to: pay to such questionr. A great portion of the arrears in the Court of Chancery had been cleared off, and since the long vacation up to the end of Hilary the Lord Chancellor had heard 106 original causes, 19 further directions, and 22 appeals ; the Vice-Chancellor had heard 70 original causes, 17 further directions, and had been occupied twenty-eight days upon motions, and nearly the whole of the last term the Vice-Chancellor had been occupied upon motions end petitions. The Master of the Rolls had heard in the same time twenty-four original causes, fifteen further directions, and forty-seven short causes. At present lie was happy to say there were very few judgments, indeed he might say there was no arrear of judgments, and all the appeals before the Lord Chancellor had been heard, with the exception of six. There was an actual arrear in the Rolls' Court of somewhere about 100 causes, and these 100 causes could no doubt be heard in the time dedicated to them. They would all be cleared off in the course of the Term. He anticipated that there would be no arrear whatever in the causes to be heard in the Rolls' Court in Easter Term. In the Vice- Chancellor's Court the original causes to be disposed of were three hundred and four, to which there was an addition of ninety-five, making altogthcr 195 causes. As regarded the entire number of arrears, they amounted only to five hundred and fifty, instead of thirteen or fourteen hundred, as had been represented. By the es tablishment of a new Court they would be enabled in the course of the judicial year, to clear off every portion of the existing arrear. They had at present the Vice- Chancellor's Court, the Master of the Rails' Court, and the Lord Chancellor's Court, with powers to hear original causes and matter. He had, therefore, cer tainly with great deference to others, but with some knowledge upon the subject, formed a very strong ()Pi nion that one Judge would meet the exigency case, and that the arrears would speedily be disP o9 ed of. The Vice-Chancellor had told him that there r wa o s f no arrear of motions, and that there of the petitions—all the motions had b petitions, which had been heard. Besides the railway been was no and all the droppingspff, so that the Courts were ng cleared of which had occupied a great deal of b t e ir i ne, were now r of impeded ease s that e h r a e cgi e u o l e e e r o p h i e u d s e o s r s e . t T h h e s e e r e o Ibvsatsa canotherwhich e iass time than the country or the House was aware of—he meant the questions that had arisen relative to Munici pal Corporations an d Charit y Trustees, in conse q u ence of a measure that had passed that House. His Hon. and Learned Friend's proposition, with his data, might be a very reasonable one, because ho said there were 1, 0 00 or 1,300 original causes, and that three years elapsed before any cause could be heard from the time it was set down. Now Ito had shown that causes load been heard which were set downin Easter Term year. The business of the Courts was not halt that which it was. lie would advise the House to pause before they esta blished two new Courts at once—lie would say, proceed by slow degrees, even although they might be necessary. There might be such a thing as creating causes. He be lieved it was Dean Swift who once said to his cook, " Take away that beef and do it a little less—it is too much IiVi4ITING FDITIC 'N. done."' Of course she answered that she was no t able. " Then," said he, " should not that teach you -to do the meat a little less at first, because you could do it a little more." Now, might not that, however homely, be applied to the subject of these Courts. .Let them establish one Court, and if that did not do, if it were proved that another Judge was necessary, then bet them establish another. That was the opinion he entertained, and on a subsequent stage of the Bill he would take the liberty of moving that only one Court be established !. unless, indeed, he was convinced that the proposition of the Government was anecessary one. His mind was fully open to conviction, but, as at present advised, he would propose the amendment of which he had given notice. He would now offer a few observations upon the con stitution of the new Court. When the present Vice- Chancery Court was appointed, the Judge obtained a rank after the Chief ,Justice with a salary of 6,0001. a-year. The object was eieet, having ,a vast amount of business to transact, and bein appointed to represent i t l h e e ee C ss l i i l a ry Chancellor and i a v n e d hm perform his st f a u t n io c! n io u n :_i s, d h: s7c was t ic h n o t ug r h c t . munetation. Any one who knew what the l e .4urs of the Vice-Chancellor were would say that it wie 3 im possible to give him too high a remuneraseern and he trusted that the Noble Lord, who he uncle) - stood intended to reduce the salary to 5,000/. after the decease of the present holder of the oilier, wouldl thick better of it. It was an office that no one who ' knew Ant its immense labours were, would covet. The Vice-Chancellor was obliged to rise hours before the sittings commenced, to read over the great mass of papers which were laid before him, and his labours could not therefore be estimated by the mere duration of the sittings. In like manner he trusted the Noble Lord would not lower the salary of the new Judge, who must ba a perfectly competent equity lawyer, and the object would not be attained if his duties were not properly and efficiently discharged. It was proposed to make two new Judges dependent upon the Lord Chancellor, Although he did not agree to that, he wished it to be remembered that when he was in office he proposed a measure which would have met public convenience, very much in the way now proposed. lie did not think it would be right to displace the renk of the Vice-Chancellor, or to lower the salaries. Tney had by a former Bill given the Lord Chancellor the power of correcting abuses in his Court, and had armed him with a degree of authority which he (Sir E. Sugden) did not wish to see placed in the bands of any man. He thought, however, that a most important improvement on the system would be to remodel the offices of Masters, which required reformation as much as the Courts themselves. He thought that without provisions to that effect any measure would be imper fect, and he hoped to see those officers responsible to the public in point of fact, and not merely in theory, as at present. He bad heard many propositions about the Mester's offices, some of which he could not approve of. lie thought the lower offices must be improved, and that the higher Courts must be improved also. Nothing was the subject of greater complaints than the composition of our Courts of Appeal, but if the law was now open to objection, how much greater would be the objection, when they were going to create two new Courts of Appeal ? The composition of the House of Lords as a Court of Appeal was a great anomaly. It owed its establishment to a train of unforeseen circum stances ; its jurisdiction was denied in late times by that House, in the strongest terms, and to the extent of committing persons who sought its protection ; and though it was ultimately established, they were conten to leave their authority in the state they found it. What could be more absurd than that the decrees of a J udge who was competent to the performance of his task, should be reversed by a body of Peers, who were en tirely ignorant of every matter relating to the adminis tration of the law ? Had this practically been the cas', the glaring absurdity of the practice would have rendered it intolerable ; but the great body of the Peers acquiesced in the decision of the Lord Chancellor ; and he was, in fact, the sole Judge of Appeals in the House of Lords. It was right, therefore, to consider the qualifications neces sary for the performance of the functions of Lord Chancellor. It sometimes happened that circumstances might render it expedient that that office should be filled ey a person not possessed of the greatest share of equity ay., who might have to learn the law which he was called on to administer, on whose judgments no de pendence could he placed, not en account of any fault of the individual so filling the office, but because, pre vious to his appointment, his attention had been en tirely engrossed by matters foreign to the study of that law which he was called on to administer ; and it might happen, as it sometimes hail happened, that ho might decide on a case without calling in the assistance of the other Judges. All appeals from the Court of Chancery must be appeals to him self. This, of esetn, was a most alarming fact. If a Judge in the Court below was called on to re-hear a cause, as that:cause would not be carried to another tribunal he might change his opinion without any im pugning of his judgment, as other circumstances might have been broil ht to his knowledge ; but in a case of appeal from his judgment to a superior Court, unless it was a case of some obvious slip, it would be contrary to human nature to expect that he should reverse his own decision. His authority being impugned before his Peers, he had every motive and every feeling to affirm his own decision. He was, in fact, to all in tents and purposes, a party in the cause. If a Judge had a pecuniary interest its a calls',., he was not per mitted to sit in judgment on it ; and whilst character and high station were of any value—whilst salf-love was an actuating motive in the human brecst, the Lord Chancellor, sitting as the Judge of Appeal in the House of Lords, would have a much stronger motive than any pecuniary one could possibly be to affirm his own decision. The ancient Grecian had ap pealed from Philip drunk to Philip sober ; but appeals from the Court of Chancery to the House of Lords were appeals for Philip sober to Philip drunk —appeals from a Judea uninfluenced by any motive, with all his passions slumbei ing, to the same Judge actuated by the strongest possible motives, the passion of self love, to support his own previous judgment. Such a system could not lone be allowed to continue, and he knew that no one deprecated it more than the present Lord Chancellor himself. He did not desire to in terfere with the jurisdiction of the House of Lords more than was necessary, but in his opinion that jurisdiction could not remain untouched. it was a complete ab surav to appeal from the decision of the Lord Chancellor in the Court of Chancery to the same Learned Judge sitting in the House of 'Lords. Ho (Sir E. Sugden) deprecated the hearing of appeals by ex-Judges, for he thought there was a great difference in men when they acted under the oath they had taken as a Judge, and when they were not bound by any &itch oath. He viewed with alarm the number of judgments that were in arrear in the House of Lords!. It was an effort too great for the human mind. Whilst there was so much business to begot through there must he and always would be an arrear. Ho proposed, therefore, that the Lord Chancellor should have constant and regular assistance. lie had no wish either to add to or to diminish the jurisdiction of the House of Lords. It was essential to the character of that House that it should continue to lave its present jurisdiction, and he would neither diminish nor interfere with that jurisdiction. But whilst lie was riot willing to disturb the jurisdiction of the House of Lords, and wished to see it remain in its present state, he was prepared to propose that two Judges should be appointed who should be called Lords' Assistants, and sit with tile Lord Chan wilier. If not Peers, they would of course have no voice in the House of Lords, and only deliver a ju dicial opinion ; but still they would act as Judges during the hearing of the cause, deliver their opinions openly as Jto'gcs, and in all respects sustain that cha racter. Such assistance would at once cure all the anomalies to which he had referred. He proposed also that the Home of Lords should have the power of calling in the Equity Judges to assist them, as they had at present the power of calling in the other Judges. In 1830 he had proposed the formation of an Equity Exchequer, to be composed of four Judges, namely, the Lard Chancellor, the Vice-Chancellor, and two Barons of the Exchequer. It was objected to that the effect would be to carry the Judges, to a great ex tent The Honour able not concurred in by the House. oiipatfot neither ici:tt. t o : .0, c u t.cri t t h e o Courtif , had i a t , (ill Privy Council. own Court, and Ida proposal able and Learned Member then went at consider able length into the merits of the plans of reform pro opthfei they ty e h l iel by the Rolls all presentin failed,t _1 eo L or d unseowo C fp h r a oLpo n fpro c oLor e pds l oe l osr o (sici r lens t and tao 01 n:ba,3 t , h 6i Master n e ;gbiunt hai ss btoyo k the fr n o l m ,imn t no h lr e en( l lse o i u pi s l plan, and the merit belonging to it was, in his eyes, that add to power those now o ce T w l e s The 3 ,J andud !c i a h l a dto decide Committee it alreade possessed. The other part of his plan re upon al! the laws not only of Europe but of Asia, and had jurisdiction over all the property of the country. The sittings of that Committee extended only to 18 days during the whole of last year ; it had no head, and in his opinion it had been as great a failure as the Court of Review. He proposed, in order to make it a proper Court, with a proper head, and regular sittings, that the two persons who were to assist the Lord Chancellor should, when not so sitting, sit in the Judicial Committee. The Right Hon. Gentleman proceeded at some length to detail the arrangements which he thought necessary to be adopted respecting the relative positions of the Judge and Counsel in the Court, to afford the greatest facilities for conducting business conveniently therein, and after a liw further observations on that part of the subject, sat down. Mr. LYNCH contended that an additional Judge was necessary. He would, in the first place, direct the attention of the Right Hon. Baronet to the evidence given before a Committee of the House of Lords, where by it was proved that out of 1,068 suits instituted in the Courts of Equity, 300 only were set down for hearing, and out of those 300 only 180 were heard each year. Those 120 causes that were thus annually withdrawn, were not, ho submitted, causes of compromise, and that number formed quite sufficient work for a single Judge in each court ; for when they heard of a Judge hearing 1.20 causes, they should learn that he not only heard those causes, but he must also take care of them ; he I and , 181 1 was lOC • 08° c ' t d all ick t°„ !SS ? 0" 1 OS 1 1 ( f, [40 11 1, ( f • t b 7,11' ' (S4l'