The Sun. — London, England, 1839-02-13 00:00:00

in the hands of the new Board? With respect to normal schools some friends of his had asked the Noble Lord a few questions. The Noble Lord had certainly said there were persons to be brought up in those normal schools who were to be competent to give instruction in the principles of the Established Church, therefore it would be of im portanse to understand the principles upon which that education was to be founded ; and as he inferred, from the Noble Lord's speech, that other instructors, pr ofessing other doctrines than those of the Established Church,were to be educated in the normal schools, it would be of im portance to know in what manner their education was to be conducted. He understood that religion was to be the basis of education in the normal schools. On what basis was that religious education to be founded, when it was evident that the instructors might profess different doc trines ?—(Loud cries of " Hear, hear.") The Noble Lord also proposed that the children should be instructed in mechanical pursuits. He (Sir R. P.) thought that per fection in a trade could only be acquired by a proper appli cation to that trade. The only way to make an expert workman was to bring him up to his profession at the proper age.—( Hear, hear,) He did not under stand the Noble Lord with respect to that part of his plan which related to parochial assessments. He appprehended the Noble Lord would have the utmost difficulty in introducing or enforcing any plan of parochial assessment.—( Hear, hear.) He did not see how it would be possible to introduce such a system. The first question that would be asked in the parish would be, Who is the master? What is his religious persuasion? And the Noble Lord had very justly said that such was the difference of opinion on that question at present, that it was better for the Government not to interfere. He (Sir R. Peel) had a strong impression that the same principle might be applied to the parish that was applied to the Government—( Hear, hear)—and that they ought not to introduce the principle of compulsory assessments. He would put the case of a parish in which the Dissenters were in the minority, and the Church had a majority— he did not think it would give satisfaction to the Dissenters, if the Churchwardens in vestry, being in a majority, were to pass a vote by which the Church party was to tax the Dissenter. He also hoped that the Noble Lord would pause before he gave any controul on educa tion to the Poor Law Union. It appeared to him that in many parts of the country the duties devolving on the Guardians of the poor were already sufficiently onerous. —( Hear.) He trusted the attendance of the Guardians to their duty would still continue, but be hoped the Noble Lord would take care how he ever burdened the Guardians of the Union, and how be gave them functions to perform other than those connected with their duties as Poor Law Guardians, and that he would take care not to sub ject them to inability on account of any unnecessary interferences.—(Hear, hear.) He believed the Noble Lord disclaimed all direct interference on the part of the orernment in establishing schools. There was to be no direct power of superintendence ;so far so good but at the same time that he (Sir R. Peel) stated it was satisfac tory to him to hear that disclaimer he reserved to himself the power of considering the plan of the Noble Lord in Committee, as to Government having the power of super intending the general education of the people.—( Hear, hear.) He for one was deeply convinced of the absolute necessity, of the moral obligation, there was to provide for the education of the people. He was at the same time perfectly convinced that that could only be effectually done in this country, where so much of religious dissent prevailed, without disturbing the good understanding and the exist ing harmony between the professors of different faiths, and it was infinitely more likely to be done if it were left to the voluntary exertions of parties—permitting each to educate his children, but to educate them on the principle of the faith to which they belonged ; and he could not but express his confidence that the Church of England was awakened to the absolute necessity—not by force—not by compul sion—not by interfering in the slightest degree with the principles of perfect religious freedom—but were awakened to the necessity of assuming that position which they ought to assume in concert and cordial co-operation with the landed proprietors and others in this country, and that the only satisfactory way of giving that education in this country, which ought to be founded on the basis of religious knowledge, was for each party to act for themselves, imposing no restriction on others ; but above all, thatithe members of the Established Church, whether lay or clerical, should not be ashamed of insisting that in their education the doctrine and principles of the faith which they professed should be an indispensable condition to any voluntary system of education.--( Cheers.) Lord J. RUSSELL said that, with respect to' the question which the Right Hon. Baronet had put to him as to whether the sum that was to be voted by the House for building of schools, under the National Society, was to be under the superintendence of the Treasury, or of the Com mittee, his answer would be, that as they were placing other subjects of a similar nature under the direction of a Board of Committee, the disposal of those grants were also likely to come under their direction. The Right Hon. Baronet seemed to attach a great deal of importance to that, though he did not think it was a point of very great importance, because the Treasury, after all, consisted of none but official persons, and their disposition to grant money would be regulated by the mode of distribution which the two Societies, the National Society, and the British and Foreign School Society pointed out as the mode in which the greatest amount of instruction could be given. With respect to the plan itself it was necessary that on this occasion he should make a general statement respect ing it, akhough on several material points of connection no definite results had been arrived at. It would be a mat ter of general discussion out of doors, and had he not made these statements, reports would be circulatedand pro positions propounded as the propositions of the Government!' —( Hear.) We must all be aware of the extreme difficulty there is in eradicating an impression that has once taken possession of the mind. The Government would have experienced this difficulty—it would be in rain for them to deny that these propositions were contrary to the plan that the Government had originally intended to propose—they would be told that they had been driven from bringing these propositions forward, in consequence of the opposition that had been offered to them—(Loud cheers from the Ministerial benches)—this was the reason why he had offered these explanations. At the same time, before this vote would be proposed to the House, the Right Hon. Baronet and every Hon. Member would have an opportunity of expressing his sentiments on the subject. The Right How. Baronet had expressed his sentiments of delight at the interest manifested by the Established Church as regards this subject. He (Lord J. Russell) rejoiced as much the Right Hon. Baronet himself could do at this display of zeal on the part of the Established Church en the subject of education.—( Hear, hear.) But he must be permitted to express a doubt if this show of zeal would have taken place if in other quarters a strong disposition had not been shown to forward the subject of education.— ( Loud cries of " Hear, hear," from the Ministerial Benches.) He must be permitted to express a doubt, whether, had this not been the case, we should have seen any further exertion on the part of the Church than we did see during the long period—(Loud cheers from the Ministerial Benches, which drowned the conclusion of the sentence. )—He saw with great pleasure that the Church was at length awakening to the importance of this subject ; but he could not but entertain some appre hension with regard to the manner of the expression of that zeal, although he had no suspicion that it would be permitted to end in a manner which must encounter oppo sition from the Right Hon. Baronet, as well as from himself. Doctrines had recently been propounded, which, if carried out, would establish that which the Right Hon. Baronet himself says he should oppose—the throwing education wholly and exclusively into the hands of the Church. He ( Lord John Russell) did not think any serious conse quences were to be apprehended on this subject, but if attention were not called to it considerable inconvenience might follow. Having made up his mind on the subject, he trusted to the general feelings of the House, in favour of a free and general system of education.—(Loud cries of " blear, hear 1" in the midst of which the Noble Lord sat down.) Sir ROBERT PEEL d i d not object to the Board having the power, but he wished to ask whether the Board would adopt a similar plan to that adopted by the Govern ment with regard to the appropriation of these grants. He also asked if the Noble Lord would have the goodness to direct an account to be made out stating the proportion borne by the members of the Established Church who had applied for these grants, to those of other denominations who had applied for them ? He should not have said a word on this subject had not the Noble Lord stated that it was his intention merely to state the general views of the Government. Lord JOHN RUSSELL stated, in answer to the ques tion of the Right Hon. Baronet, as to whether the Board would adopt a similar plan to that adopted by the Govern ment with regard to the appropriation of these grants, that that was a point which was as yet under consideration, and on which he could not pledge himself. Mr. BRISCOE said that an account similar to that asked for by the Riglat Hon. Baronet would not show the relasive amount of zeal hut of wealth. He begged leave to call the attention of the House to the state of religion and education in the remote parts of the country. He hoped that some alteration would take place on that sub- ject, and that the most necessitous parts of the country would not be the most neglected. The papers were ordered to lie on the table. ROYAL EXCHANGE. Sir MATTHEW WOOD rose to move for a Select Committee to take into their consideration the several plans for the improvement of the metropolis, concerning which reports were made to this House in the years 1836, 1837, and 1838, together with any other plans for the same object which they may deem deserving of considera tic:al, and to report their opinion as to the expediency of adopting any of the said improvements ; and also as to the best means of carrying the same into effect. An HON. MEMBER on the Opposition side of the House said, he believed the halfpenny tax on coals, which, by the Act, had been extended for six years, for th• purpose of raising 150,0001. for the improvement of the City—and principally for re-building the Royal Exchange—he be lieved that tax would in six years raise much more than the required sum, and he wished to know what was to be done with the remainder ? Alderman WOOD said (so far as we could hear the worthy Alderman, who spoke very inaudibly) that he could not answer in this respect for the City of London. Mr. H. H IND E was understood to say that he did not think tilt Committee last Session had recom men d e d t h e r e-appoifitment, and he could see no reason for it. The CHANCELLOR of the EXCHEQUER inti mated th a t th ere was i n hi s op i n i on no objection to the re 4Ppointment. *Sir R. NGLIS said he had beard it insinuated that the chi e f o bj ect of the re-appointment of the Commi ttee was that i t m i g h t b e called upon to give an opinion as. to what th e i r i ntent i on h a d b een i n respect to a ter thn part of their report as regarded the re-building of e Royal E xc h ange. Against such a course he must potest. The construction of an Act of Parliament ought to be left to the law officers of the Crown, or if they were not enough, to a court of law , and should not be referred to any Committee whatever. T..e HANC ELLOR of the EXCHEQUER said lk •.t been aware that the worthy Alderman was going 'forward the motion for the re -appointment of the ....-06, it might have been said that he should have I nNie tbeflkoposition himself ; but the fact was that he Pc) NJ ~ ~~~. 1 g~ _ S , .~~.~ ~A:.,~ e.:: THE SUN, LONDON, WEDNESDAY,-EVENING EDITION,-FEBRUARY 13, 1839 necessary, with a view to the general revision of that system, that a Committee should be granted, and it would be necessary to look into the jurisprudence of the Cri minal Courts, as well as of their civil establisnment. With regard to the Sheriffs' Courts, he would not enter largely upon that subject, because he had brought it before the House last Session. He contended, however, that the other House of Parliament should not be allowed to throw out Bills of very great public importance. With respect to his Bill of last Session, no reason had been as signed by Lord Haddington for throwing it out upon the second reading. The Sheriffs sit without going to the public at all ; they consult merely the convenience of them selves, and of the profession, and never take the public into consideration ; they seem to be of opinion that the people were made for the lawyers, and not the lawyers for the people. He had written to a gen tleman, a friend of his, to go to Neile and Co., the print ers, in Edinburgh, and purchase two of these papers for him, and dissect them. What was the answer? They told him that he had no business to come there and pur chase them : that they were private property, and that they would not sell them. He would do the Hon, and Learned Gentleman opposite the justice to say, that he was not to blame for the existence of this state of things ; he had always attended to any suggestion which might be made with the greatest attention, but whenever anything important or just was in contemplation on this subject, it was invariably counteracted by some higher autho rity. He did not believe the Honourable and Learned Gentleman opposite bad anything to do with this. No. It was some power behind the scenes. It seems fated that whenever any good is intended for us, some countervail. ing power comes between us and the good. The advocates of Edin burgh, by means of these acts of sederunt, levy a tax of upwards of two millions a year on the inhabitants of Scotland. The lawyers of Edinburgh pronounce and publish these acts of sederunt altogether without the knowledge of the people, and this exclusive system is maintained for the exclusive benefit of the profession. Why should these gentlemen tax laws ? In this House, if the Chancellor of the Exchequer wishes to impose a tax, he must move for leave to bring in a Bill, and that Bill must be read a first, a second, a third: time, and publicity given to it in every step of its progress. Not so the lawyers of Scotland. They sit in their Parliament House, and call themselves Lords of Session ; because we have not had the sense to deprive them of it, these Lords of Ses sions pass their Bills with closed doors ; there is no watch over them, no Hon. Member for Salford to stop them, be cause it is 12 o'clock.—(Hear, hear.) All was done in secret; those whose persons were to be sweated were never told of it, bu t those who were to put money into their pockets by it were well advised of the proceedings. Look at what Jeremy Bentham had predicted with regard to the improvements which had been pro posed for the benefit of Scotland. Not one atom of good, said Jeremy Bentham, will ever come from those improvements in Scot. land, because that country is so fettered by the legal profession that they will prevent it. He would ask the Attorney-General if he really believed Scotland was only fit to try Jury cases in Edinburgh? Why may not Juries try cases of the value of Si quite as properly as cases involving limbs and life. 'He would relate a case which had happened in the town which he represented : two boys were apprehended on a charge of stealing two shirts, the value of 941., and tried by a Jury ; but if, instead of being stolen, these shirts had been made the subject of a civil proeeeding, and valued at ninepence, no Sheriff in Scotland would have impannelled a Jury to try the cause. What had Lord Brougham said when he abandoned his Bill for the este. blishment of local Courts ?—`• But for this, and could it go to the value of 201., I would sweep clean Westminster Hall." The Hon. Gent. said he quoted from memory, but such was the substance of what Lord Brougham had said. Why should nut the same system be introduced in Scotland 2—just because a little more grass would grow in the streets of Edinburgh than does just now. The counties at present tried every case but those trenching on the legal pro fession of Edinburgh. He would desire to draw the attention of the Honourable Member for Elgin to what took place in the county of Perth. In the Court-House of Elgin during last Session the decrees of the Sheriffs' Substitute were 3,887, and the appeals to the Sheriff's amounted to 118. Does not this demonstrate that this system is kept up for the purpose of appointing Edinburgh lawyers to the sinecure Sheriffships? The civil cases decided by the Sheriff depute amounted to 2,506, and the criminal cases 213, these last were the only cases tried by juries : Is net this system monstrous? He wished the Attorney. General to answer this, 6,000 or 7,000 cases were decided by the Sheriffs' Substitutes, and 3,600 only by the Sherifik. It was in vain to endeavour to enforce this case more than he had done. He would state to the House what he had witnessed in 1836 at Glasgow. He had gone to that city on purpose to see two jury cases tried. He (Mr. Wallace) had attended the trial of civil cases in Glasgow. There were several which occupied two or three days each. What was the reason for all that array ? Simply that the cases had been instituted in the Session Court in 1834 and tried (in Glasgow) in 1836—because two years must elapse before any jury case could be tried which had been instituted in the Court of Session. What just cause was there assignable for such delay ? why should there be such a facility afforded to wealthy injustice, for the prolonging of suits and of thus overcoming the rightful, and perhaps poorclaimant,through the heavyexpenses thereby incurred ? It certainly could not be difficult to find a remedy for evils so glaring and the cause of which he was sure could not be found in the law of Scotland. He saw no means of effecting this object but by appointing a Committee. As to the appointment of the Commission—for the members of which he had the greatest respect —it was a most unjustifiable eommission in every respect ; for the members of it had all, if not interests, strong prejudices which precluded them from impartially considering the subject. It was most unjust that at a time when almost all monopolies were abolished, except in the city of London, this monopoly, obnox ious as it was, should be allowed to continue. The Hon. Member concluded by moving the appointment of a Committee to inquire into the mode of administering justice in Scotland. The LORD ADVOCATE said the difficulty he felt was not in answering any point put by his Hon. Friend as a ground for the Committee, but in selecting one which afforded the slightest ground for the motion.—(Hear, hear, and laughter.) His Hon. Friend had gone into almost every department of the law of Scotland, with out any correct knowledge of the subject , and as he had often said he wished his Hon.—he could not say his Learned"—Friend— (A laugh)—had attended the Court of Session for a single month. He (the Lord Advocate) had attended that Court for thirty years, and yet he did not pretend to have acquired more knowledge than qualified him to enter upon the consideration of these extensiye reforms. And if his Hon. Friend would attend that Court for a very short time, he would soon see things in a very different light. What was the end of the motion ? Could his Honourable Friend be serious in proposing the appointment of a Committee on the subject ? Why, his Hon. Friend must recollect that last Session a Committee had been appointed on the subject of Sheriffs' Courts alone, and on that Committee very few Members could be induced to attend; and did his Hon. Friend think that any Member could be induced to attend for the length of time which the Committee he proposed would occupy in discussing this most complicated subject ? Now, as to the general statements which his Hon. Friend had made. His Hon. Friend had said that there had been no improvements made in the law of Scot land since Lord Grenville complained of it. So far from that be. ing the case, there had been no instance in any country of so many improvements taking place in the law. Jeremy Bentham has been quoted against the law of Scotland; but in the whitings of that author equally strong Insinuations would be found against the law of Eng. land. Why, since Lord Grenville spoke on this question trial by Jury had been established in Scotland in civil cases. His Hon. Friend had asked why trial by Jury should not be established in Scotland in smaller cases ? Why not in counties ? Why not in every particular case? His Hon. Friend must be aware of the great difficulty there was in introducing any system, however excellent, into a country for the first time. No person could have been more anxious than he (the Lord Advocate) for the establishment of trial by Jury in Scotland, but it could not be expected that an institution would act so well in a country in which it was novel as in a country where it had been some hundred years established, It was a great mistake to say that the law of Scotland presented no good points. There were many cases in which the proceedings were much' more simple than any of the proceedings in England, and in which much expense was saved. Tie Court of Session was not like the Courts in Westminster Hall; it included within itself not only the Courts of Common Law, but it transacted all the business that was done here in the Court of Chancery, the Ecclesiastical Courts, and the Court of Admiralty.—(" Hear, hear, hear." from Mr. Wallace.) Was his Hon. Friend aware of how many places had been abolished since Lord Grenville delivered him peech ? Five Judges of the Exchequer were abolished —one Judge of the Admiralty—all of whose business was now transacted in the Court of Session. Four Commissionerships had also been abolished, and since then the number of Judges had been reduced from fifteen to thirteen. There had been a vast increase of business in consequence, as all the business of those abolished is now centred in the Court of Session. His Hon. Friend was a Member of the Committee in 1834. and he might have asked any of the witnesses who were called whether it wen.. possible that any more of the Judge. ships could be abolished. The Dean of Faculty, a most eminent law yer, said that he was the person who recommended the reduction which had taken place, and before the Committee he stated that he was very sorry for his recommendation, for the reduction had gone too far. Other two witnesses, eminent lawyers, had stated that the reduction had been carried as far as possible. On that ground, he did not see that his Hon. Friend had made out any case for a Com mittee. With regard to the progress of Jury trial in Scotland, he was ready to admit that it had met with as much difficulty as it naturally would, where the people were unacquainted with it; where the lawyers and judges had been brought up to another system. It would, however, make its way, and no doubt would much benefit the country. His Hon. Friend complained that four clauses had been left out of the Sheriffs' Bill of last Session by the House of Lords, but surely the House would not hold that any reason for granting a Committee. The House of Lords had done as they had a perfect right to do. They had taken a different view of the subject from what that House had done. By an unfortunate calamity one of the divisions had been deprived for a time of its President, but he trusted that very soon he would be restored to health and his situation.— (Cheers.) His Hon. Friend had stated that it was not the du. ties of his office which had induced that illness, but he could assure him that it was from his close attendance upon a long trial upon which he had disregarded his personal sufferings that his illness had arisen. It was also true that a late calamity had deprived the Bench of one of its best and greatest ornaments, but he trusted that also would be of short duration. It was also, no doubt, true that some of the Judges were of great age—that one of them was 84. He was not free from the infirmities of age, but he was still zealous in the discharge of his duty. Others were also of great age, but when it was considered that they had such a trifing pen s sion to retire upon, it was no wonder that they should remain upon _ _ knew nothing of the worthy Alderman's intention till he heard him make the motion. Still it was fair he should state that if the worthy Alderman had not made the motion he (the Chancellor of the Exchequer) should have done so, and for the express object to whieh his Hon. Friend ( Sir R. Inglis) had objected. He had taken the earlies: op portunity of laying on the table of the House the correspond ence on the subject of the Royal Exchange. And there was no portion of the conduct of the Treasury on that subject which he was not ready to defend; as he was prepared to sup port the reference of the question to the Committee. Of course, as the: House had yet had no opportunity of consi dering that correspondence, he could not expect the House to pronounce any opinion upon it ; and it would not be proper to enter into a discussion of the subject now. If the Committee were appointed, he should as early as pos sible move that it be referred to that Committee ; not, as his Hon. Friend had said, to decide the law, but to con sider if upon those papers the Treasury had acted on the understanding of the Committee's Report. Col. WOOD said, if the question needed to be again discussed, why was it not brought boldly before the House, instead of being attempted to be bolstered up by a Com mittee ? Sir R. PEEL said he could see no objection to the re appointment of the Committee, considering that several Hon. Members had devoted their time to the consideration of the question last Session—as to improvements in the City ; and that the House would not be prejudiced by their decision when they were again appointed.—( Hear, hear.) Besides, the worthy Alderman might be ready to suggest some other mode of providing for the expense of those improvements than the tax on coals.—( Laughter, and " I'm afraid not," from Alderman Wood.) At all events, no harm could result from the re-appointment of the Com mittee, which had for its object the promotion of metro politan improvements—especially in the means of commu nication, a subject too much neglected in this country— ( Hear, hear)—and as the House would not be pledged by the judgment of the Committee as to the tax which should be imposed.—( Cheers. ) The motion for the re-appointment of the Committee was then put and agreed to. COURTS OF JUSTICE IN SCOTLAND. Mr. WAL L ACE, in rising to move for a Committee on this subject, said it would be unworthy of the represen tative of any part of Scotland to wish for any Committee on such a question but one that would consider it with calmness and attention. In 1834 an Hon. Member ob tained a Committee to consider of and report as to the salaries of Judges of Scotland compared with their duties, therefore he had a precedent for what he now sought— the precedent of 1834. He intended to bring under the notice of the House the constitution of the Quarter Seg. sion—the Jury trial in that Court—the Court of Teinds the mode of trial before the Judges in criminal and civil cases—a mode of proceeding in criminal and civil cases before Sheriff's Courts of both descriptions. He knew that it was a wide field, but he considered it of such importance as to command the at tention of the House for a short time. First, he would call the attention of the House to the fact that there was a general desire throughout the country for an im provement of the administration of justice. There was a great cry for small debt courts and for local courts through out this country ; so also could he assure the House there was in Scotland. In 1807 Lord Grenville, in a most luminous speech, said that there was a great want of good administration of justice in the northern part of this country—the same remark would apply now. He knew that his Honourable Friends opposite would say that there had been great improvement in the Courts of Scotland since 1807. but he begged leave most respectfully to deny that proposition. There had been many alterations and a few improvements, but the lieges were plundered in 1807 by those Courts, and they were plundered now. If they denied his statement he challenged them to a Committee. He knew that they would not grant it, because they were well aware that he could prove every statement that be had made. It was a well known fact that more appeals—that many more appeals came from the small country of Scotland, than came from any of the other countries. It was owing to this that there was no such thing as a responsible Court in Scotland. The Judges were all collected together in such a manner that no one was responsible. The 13 Judges were often called upon to give their individual opinion upon a single case, and it was decided by 6t07,0r5 to 8. On many occa sions such had been the case. Lord Grenville further said that he was most anxious to reduce the great quantity of printed pleadings, which was the great cause of expense and delay. It had been said by high authority in Scotland that written evidence was no evidence at all. All the evidence taken in a case in Scotland must be taken by Commission, as it was called—the witnesses went before a third party—their evi dence was taken, and then submitted to the Judges, and he fully believed that they never read it.—( Cries of " Oh, oh.") He did believe that his statement was true ; for he thought it to be impossible that any person could read through such a quantity of trash as was taken down as evidence in a cause in Scotland. Why should not the witnesses be brought face to face before the Judge, as it was in England ? Until such was the case, they would never have justice well administered in Scotland; Another fallacy was, that the Judges and Sheriffs in Scotland were Judges of the law, the fact, and of equity, all in the same person and at the same time— a task that was too great for humanity, even if wrapt up in the shape of a Judge.—(Laughter.) He would appeal to the Hon. Member for Dublin whether it was possible for one man properly to discharge the duties of the whole three. Such was the state of things in Scot land. There was no difference between the time when Lord Grenville made the able speech to which he bad ad verted and the present moment. His next objection was with regard to the mode in which the Court of Session was constituted. There was no man more unwilling than himself to allude to anything that would hurt the feelings of any Member of that Court, but he felt it his duty to do so. Various members of the Supreme Court in Scotland, from extreme age and infirmities, were totally inefficient. It was true they were all men of high attainments, great legal knowledge, and entitled to the highest respect; but it was his business to state broadly that the heads of the Supreme Courts were, from the condition to which h e h a d adverted, unfitted to t he situations they filled. An infir mity of a deep nature had afflicted one, and he sincerely hoped that another had only met with a temporary afflic tion. But what had the latter Learned Judge done ? Why, he had appointed a person to officiate in his absence who had attained, he (Mr. Wallace) believed, the age of nearly 90. • He admitted that a more eminent individual did not exist ; but he thought it was to be lamented that an individual so advanced in life should have been ap pointed. All the Judges on the Scotch Bench were men advanced in years, varying from sixty to ni ne ty years. He maintained that if there were fewer Judges of less advanced age it would be much bet ter. The infirmities of the Judges in Scotland could not be attributable to over labour, for they only sat about two months and four days in the year, and only about one hour and a half, or two hours a-day. Now, if more efficient Judges in point of years were appointed, they might sit as the Courts in England did, for ten months in the year. For the purpose of showing the difference between the Scotch Courts and those in England, he would refer to two returns, one from the Courts of Common Law in Westminster Hall, and the other from the Scotch Courts. Now, according to those returns in the year 1836. there were no less than 95,964 cases disposed of in the Courts of Common Law in England ; of that number, 16,000 were litigated cases, while in the Scotch Courts, with 13 Judges there were only 3,960 cases disposed of in the same time.—( Hear, hear.) Such was the difference between ten months' sit ting, and three months' sitting. Every Judge in Scotland had his country seat, and were the people of this country to be kept out of justice, year after year because the Judges chose to take their pleasure. He thought that the people of Scotland ought to have. the justice find the pleasure too. As a proof of how the system was carried on, he would just refer the House to returns which he had received last year relative to the Sheriffs' Courts in the county of Renfrew, and the result of which was an exposure that would not per haps be generally believed. Having reduced the return into figures and facts, he would read them to the House, and it would appear that the average endurance of actions (omitting all those for small sums, and which had not lasted longer than a year), was three years and ninety-three days ; the average time each Sheriff had delivered judg. ment was four ; and the average time during which the cases had been lying on the shelf waiting for judgment was 277 days. That there might be no mistake about the matter, he had the return carefully examined and condensed. He might, perhaps, be told that a Royal Commission had sat for the purpose of discharging the same duty which he proposed should be done by that Committee. He would read to the House the opinion of one of the Judges of that Law Commission, and he begged to call their particular attention to it—" My friends, as there are no reporters present, I may privately tell you you need not be under any apprehension on account of the Law Commissiu,;•uterfer ing with the Court of Session practice.—(Laughter.) The old writers are too shrewd to break their own heads." —(" Name.") If he get the Committee he would at once name them.—( Laughter.) He thought be had got a better hold by not naming the individual. With respect to the Jury trials, there had been no return made ; but he was disposed to think that the same objection would be found to prevail in that department.. He would now come to speak of the Court of Teinds. Many Scotch Gentle men present were aware that in various parishes disputes had been going on, and from the protracted nature of the proceedings in these Courts, litigation bad been going on in these parishes for 50 years. He now came to a subject of very great delicacy, and he'approached it with the more reluctance when he considered the unimpeachable charac ter of his Learned Friend opposite. He came to the criminal part of the Scotch jurisdiction, and he believed that it was in a still MOi3 objectionable state than any other department. It was beyond the power of na ture that his Learned Friend could give proper attention to all details. He would ask the House how Lord Advo cates had obtained their appointments ? Were they not gentlemen of the bar,land bad they not won their way, as his Learned Friend had most distinguishedly had in the same manner as his predecessor? Their system of circuits, (and he was sure the learned Attorney-General would agree with him) was most improper, They bad none but mere the Beneh so long as their faculties remained with them. in Scotland a person under indictment had great advantages over a person in the same situation in this country. They were furnished not only with a list of the witnesses to be called against them, but also with a list of the jurors who were to try them, and no fact could be taken as proved against them, unless it was sworn to by two witnesses. English lawyers said they could not get convictions under such circum stances, but the reverse was the case. It was a fact that convictions in Scotland were greater in proportion than they were either in England or Ireland, and from the great care with which the law was administered, it was almost impossible that there should be an innocent person convicted. On that point he was ready to answer .. __ _ . his Hon. Friend, if he brought before the House any single case of any thing improper which had occurred in any criminal proceeding in Scotland. By the Bill which came into operation last year, the suitors in the Courts had been benefited by a reduction of fees to the amount of 14,000/. a year. If any one connected with the administration of justice could make any Improvement, or remove anything that wag wrong, they would be as earnest to do so as his Hon. Friend.—(Hear.) youths and tyroes—no men of eminence went among•them —and he would ask why ?—Because Jury trials did not ex tend to civil cases. In a period of four years there had been only twenty-six Jury trials, being an average of six and a quarter for each year. He did not mean to allege any thing improper against his Learned Friend. There was no compromise of principle, on his part, and be felt much pleasure in making that statement; but he pledged himself that there was a system going on in the administration of criminal justice which was exceedingly injurious to the ends of justice. The power was vested in young gentlemen. The power which was'vested in the young gentlemen who acted as the de puties of his Learned Friend was most dangerous and impro per. There was a great waste of money, and a most immoral system ; but Although he had made the most minuto in quiries on the subject, he believed that those gentlemen were entirely free from any charge of that description. It was the system he impugned, and not the persons engaged ;n it. He went to Glasgow the other day, and he must say that a most indecent system was carried on in those Courts, where one young gentleman could say who was to be tried and who was to be acquitted. It was absolutely Mr. E. ELLICE, Jun., had had little experience on the subject under discussion, but there was one point which might he easily understood by every Member of the House. With regard to the Judicial Bench, there were four Judges in each Court, three forming a quorum. At this moment four were disqualified from serving, so that if by any accident another should be placed in a similar situation the whole business would be suspended until there should be another appointment Three of these were disqualified in such a manner, that there was no hope of their being able efficiently to perform the duties of the office. One of them, whose talent had never been exceeded, was in a state of nearly mental imbecility. (Some Hon. Members on the Opposition Benches inquired who the Hon. Member alluded to and he was understood to reply, Lord Gil.. lies). If these were facts, every one must understand that :jus tice was not administered as it ought to be. At the same time he ceuld not conceive that the remedy proposed by his Hon. Friend, would lave the effect which he supposed. But he believed that the remarks which had been made on the constitution of the bench would have the effect of awakening the public attention to it, ... _ and that those Judges who could not fill their situations with usefulness to the public, and satisfaction to themselves, would take advantage of that law which had provided an adequate retire- ment allowance. _....... __.... .._...._... Mr. FOX MAULE felt it his duty, after what had fallen from his Hon. Friend, to say a few words, because if what he had stated were really the fact, it could notbut reflect discredit on the Govern- ment that they hadi not looked with sufficient vigilance to the On the question being put, administration of justice in Scotland. With regard to what his Mr. POULETT THOMSON rose and said, that it was neces- Hon. Friend had stated this was the fist time he had heard that sary frequently that Bills of the nature alluded to by his Hon. that distinguished and venerable Judge (Lord Gillies) was afflicted Friend who had brought forward this motion, should be introduced with mental imbecility. That he was not bending under the weight at a late period of the Session. If Honourable Gentlemen paid at. of years he (Mr. Maule) was not prepared to assert ; but that his tention to the manner in which public business had of tate pressed_ mental faculties were not adequate to the discharge of his duties he on this liouse, they must be aware that measures to great pU01.1(; was prepared to deny. It was not surprising that men of large importance must necessarily be brought forward at the close of tho families should struggle, even under the weight of declining years, Session ; because, although they might be of the utmost import to maintain their position and their salaries from the public to an lance to different interests yet they might not have attracted pub hour when perhaps it would be more prudent that they should retire lic attention. This way the consequence of the number of ques_ from the discharge of their public duties. Was it to be surmised that tions brought forward relating to party differences which had un on this occasion the feelings of a father in leaning to the interests of fortunately greatly increased of late. His Hon. Friend who brought his family should overcome that of looking to the interests of the forward this motion, and his Honourable Friend the Member for public ? For the first time in 28 years, after active and zealous Kilkenny, who had seconded it, had referred chiefly to Bills con. services, this distinguished officer was absent from his post.— nected with trade and commerce. He was satisfied even if the (Hear, hear.) No one who had looked to the administration of Hon. Mover should be inclined to press the question, which he was justice in Scotland, could hesitate in dealing out to the Lord Justice happy to see that he was not—(Hear, hear, from Mr. Wallace) Clerk the fullest meed of Praise for the manner in which he had —that he should be enabled to show that this motion was urine. discharged his duties; and it was gratifying to find that after a cessary. The House of Commons would not allow any Bill to be short interval of absence he was likely to return to his Court with isitroduced unless grounds were shown for the necessity of its intro recruited strength, not only of body but of mind. With respect to duction. The motion therefore was supererogatory. The motion the venerable individual who presided in his Court in his absence, might be opposed also on other grounds. It would be putting a he had the Lord Justice Clerk's assurance that he was fully able to stop to the legislation of that House. All Bills relating to corn discharge the duties of his office. As to the gentleman who had merce must involve revenue considerations. How was it possible been afflicted bY a sudden attack in Edinburgh, it would be ungracious to introduce Bills involving revenue considerations until public in him to say further than that it would be hard to call accounts were made up, and he knew what money would be at his on him to resign his office. With respect to the general state of disposal. The revenue accounts were only made up to young men and efficient men as the sth o f Ap r il, an d th e Ch ance ll or o f t h e E xchequer must the jud gesi Courtbut itl h w o a w s desirablecould they t o h e a x v p e e c ta general succession going on have made his financial statement to the House. The Budget must unless they had a fit and proper allowance for those Judges to retire have been brought forward before Bills could be introduced affecting upon when they declined in years ? No one would say they had a articles of commerce. He would be glad that his Hon. Friend right to work as public servants to the last moment when they could would place at his d'sposal money to be disposed of in different get labour out of him, and leave him in his declining years to look ways; he should be happy to come down to that House on the sth to his family interests. The House owed thanks to the Hon. of February, and say that it was in his power to reduce duties on Member (Mr. Wallace) for bringing forward this question, inas- such and such articles ; but his Hon. Friend would tell him that much as it would tend to settle it in the public mind. No evil it was necessary that the financial accounts should be made up be. could afflict a country so greatly as that having bad Judges ; . but there fore he (Mr. P. Thomson) could be enabled to announce his inten was another evil scarcely less, that of having their confidence tion to lessen or to take off a tax. We must wait until the financial shaken in the fitness of those who were appointed to the responsible statement has been made. Of late years he had had the good fortune office of Judges. An inquiry by a Committee of the House into to propose and carry many ameliorations in the Corn-laws ; but the conduct of men sitting on the Bench would be likely to these. ameliorations required much preparation and consideration. have such an effect, and he deprecated the motion mainly In the first place, it is desirable to ascertain what sum of money on that principle. It would have o other effect than can be spared for the redu c ti on o f d u ti es; next, i t was o f import.. to unsettletat no the minds of the people, and give them a want of ance to know in what particular articles these reductions would confidence in the administration of the justice of that country. tell most for the public advantage ; in order to ascertain With respect to the points mentioned by the Hon. Gentleman, he this, it was necessary to consult different individuals, and to no doubt entertained so clear an opinion on them, that he could listen to the claims put forward by different interests. Hon. Members not want any evidence to substantiate his views. Why, therefore, were not to imagine that because discussion does not take place did he not come forward anti bring in a Bill, and lay it on the table, within these walls, that therefore none takes place at all; a vast proposing a Reform, so that they might discuss, point by point, deal of discussion took place without these walls. Different in those Reforms which he thought the judicial establishment of terests were heard, and such different adjustment of those inte- Scotland required. He would ask the Hon. Member not to make rests took place as might best conduce to the interests of trade sweeping attacks on the whole judicial administration without in general. He would refer to a reduction recently taken place, making some motion, because such a course could have no satisfac. a reduction of the duty on fruits. Constant and frequent con. tory effect.—(Hear, hear.) He would not trouble the House fur- sultations had taken place with persons connected with all ther on this subject, believing it would pause long before it agreed to branches of that trade before it was settled in what manner the propositions of the Hon. Member.—(Hear, hear.) that reduction should take place. He would mention also Sir GEORGE CLERK rejoiced exceedingly , that the Hon. another instance, the reduction of the duties on dyes, which fur Gentleman the Secretary of State, whose duty it was to ascertain a long time previously had been the subject of daily consulations. that there was no person remaining on the judicial Bench of Scot.. He mentioned these circumstances to show the House land who was not perfectly competent to discharge his duty, had the necessity there was of consulting with different come forward and contradicted the statement that had been made, interests in such .cases as those which he had adduced —(Cries of " No, no.") Why s it had,been said that four Judges of The effect of the Hon. Member's motion would be to retard all the present Bench of Scotland were incompetent-- this business. On no subject was more care taken to inform the Mr. O'CONNELL--Three of them. public mind than upon the subject of financial measures, which Sir GEORGE CLERK was surprised to hear the statement made had to go through more forms than ordinary Bills. If more had not with regard to three, or two, or even one. It was true that um_ been done within the last few years for commercial improvement, fortunately one of those learned persons had been obliged to re.. it had been the fault of that House, and not the fault of the linguish his duty on account of severe illness, but he trusted Board of Trade. He (Mr. P. Thomson) had done all that he that that learned'person was in fair way of recovery, and that bef ore thought this House would permit him to do, to improve many days had passed he would be able to discharge his duty with the commercial legislation of this country. He appealed the same honour and credit as he had done for the last 28 years. with confidence to the various articles (not of very great —(Hear, hear.) When the Hon. Gentleman talked of persons being importance), to the number of 300 or 400, in which lie had effected on the Bench who were incompetent from mental i m b ec ilit y to per- a reduction of duty, and the result of which, in most eases, had form their duty, he begged leave distinctly to deny that.—(Hear, been an advantage to the Revenue by an increase of consumption, hear.) He wished that Hort. Gentlemen would look at the vow_ —(Loud cries of " Hear, hear.") The restrictive duties upon those minous judgment s d e li vere d by every Jud ge i n t h at Court in the great articles, corn and timber—(Hear, hear)—from w hi ch duties he course of last year. Nothing could reflect greater credit upon any believed this country was suffering—(Loud cries of " Hear, hear") person than the judicial research, tho high learning, and the —they were beyond his power, and it depended upon this House acuteness displayed in those judgments. He believed that at no period whether any alteration should take place in them.—( Hear, hear.) of his life was that learned person more capable of giving judgment Mr. BROTHERTON said that having a motion upon the books to the great satisfaction of all suitors than at the present moment.— of the same nature as the Honourable Member for Greenock, (Hear, hear.) The only inference that could be drawn from the though he proposed to effect the same object by different speech of the Hon. and Learned Member was this, that every per- means, he would say a word or two. He considered son who filled a judicial situation ought to tender his resignation that his proposition—that no public Bill be read a second the moment he became indisposed. He hoped that, for the sake of time after a day to be fixed at the commencement of each Scotland, Lord Corehouse's health would speedily be restored. Session, except for special reasons and under urgent circumstances, Mr. HOPE JOHNSTONE said it was true his; venerable re. was the better of the two. When he made his customary motion, lative the President of the Cdurt of Session was now advanced in that no business likely to create debate should come on after, years, and he was far from denying that that advance in years had twelve o'clock at night, he was always assailed by the objection that not told considerably against him. He (Mr. Hope Johnstone) had it would have the effect of retarding the public business and , been in constant communication with that venerable person, and he lengthening the Session. But his answer to that was, that if the could say that in all the ordinary intercourse of life it was impos- Session was protracted to Christmas new Bills would constantly be sible to see the slightest symptoms to which the Honourable pouring in to the very last.—(Hear, hear.) As a proof of that, he Member had alluded.—(Hear.) The observations of the Hon. Bart. might state that last Session, when there were 120 public Acts the Member for Stamford, (Sir G. Clerk) had done away with the passed fifty-five new Bills were introduced after the lot of July, necessity of his saying a great deal that he had intended to state; the Session closing in August.—(Hear, hear.) Members ought to but he could not sit still and hear allusions which he thought might know what business was before them when the Session opened. A have been made in more gentle language by the Hon. Membr— limitation was already inforcein regard to Private Bills, which could (Hear, hear)—and he begged to bear his testimony that the states not be Introduced after a certain time, and lie thought it would be ments of the Hon. Member were inaccurate.—(Hear.) with public advantage that a similar limitation should be established The ATTORNEY-GENERAL, having been alluded to so with regard to public Bills. If, however, the sense of the House pointedly by his Hon. and Learned Friend—(Laughter)—the was expressed against the motion of the Hon. Member for Greenock Member for Greenock, begged to make a few observations. He en- he (Mr. B.) would not press his. tirely concurred in the view taken of this subject by his Learned Sir G. CLERK objected to both motions for this simple reason, Friend the Lord Advocate. He had a very fair opportunity of that he would resist any attempt to place any limitation upon the seeing how justice was administered in Scotland ; and he must say House in respect to the introduction of those measures which the that, on the whole, it was administered very satisfactorily— (Hear) public interests might demand. The President of the Board of —That there were abuses no one would deny, although they had Trade had talked a great deal about the reductions he had made, been most monstrously exaggerated by the lion. Member for and was prepared to make in duties on articles of commerce. He Greenock. The House would recollect what the Hon. Member (Sir G. Clerk) was glad that the Right Hon. Gentleman had thus gone said about the people of Scotland being mulcted in 2,000,000/. a far to make up for a material omission in her Majesty's speech.....(Hearn year, by the costs they paid in the:Sheriffs' Courts.—(Hear, hear, and he was happy that the public had to expect such great reduc. from Mr. Wallace.) That must give English and Irish Members tions in those duties.—(Hear, hear, and a laugh.) The Hon. aright notion of the growing wealth of his country—(Laughter)—. Baronet went on to observe on the change that had taken place in that the people, without any considerable inconvenience, could the commencement of the financial year, which formerly began with spare 2,000,0001. a year for costs in the Sheriffs' Courts. The Hon. the natural year, and the only reason which had been given for Gentleman had been led away by his zeal to dream of things that altering it, and commencing it in March or April, viz., that the were utterly impossible.—(Laughter.) He agreed that trial by estimates might be prepared and voted before the Budget was brought Jury might be more generally introduced, but as to the trouble, forward, was now quite obviated, as those estimates were seldom Gentlemen should remember what had been said by the Lord completely voted till much nearer the close than the commencement Advocate. Trial by Jury required to be familiarly under.. of the Session.—(Hear.) He hoped that in future there would be stood by witnesses, jurymen, and all concerned in the no cause of complaint, and that the estimates would be laid on the working of the machinery. There was some inconsistency table of the House within the time agreed upon by the House, In what the Hon. Gentleman said—lie wished trial by jury to be on the motion of Sir John Newport. lie also trusted that the more generally introduced, and yet he said that where trial by jury Chancellor of the Exchequer would find it convenient had been introduced, the parties were always ruined. His Hon. to revert back to the old system, and commence the financial system Friend had referred to the office of public prosecutor. Why, what from the sth January, so that the balance sheet of the Government be had said went against the appointment of a public prosecutor might be laid on the table of the House, within one week from the altogether; that because it would be impossible for the Lord Ad. meeting of Parliament. It was now brought forward, if not at the vocate to be in every Court in Scotland, therefore he must have a very end, at a very late period of the Session, and the President of Deputy to represent him, and that Deputy must have a discretion. the Board of Trade was obliged to wait until the Budget was as to who should be prosecuted, and how the prosecution should brought forward before he could introduce any Bill for the relief of be conducted. There were great reasons for thinking that the office the trade or commerce of the country. The Session was consumed, ofpublic prosecutor might be introduced into England with advantage, and his opportunity for so doing was gone. He hoped the Hon. Mem. He believed that it would be mush better if a prosecution were insti- her for Greenock would not press his motion to a division, as he had tuted by a responsible adviser, who was able to say what case should not obtained an expression of opinion from the House in his favour. be brought before a Jury and what should not, than that the matter The CHANCELLOR of the EXCHEQUER would take upon should be left to blind chance. He did not at all deny that great himself to say, and he believed without fear of contradiction, that inducements may not be advanced or facilitated by the Committee ever since he had the honour of filling the situation he then held proposed by his Hon. Friend. He himself had been a member of a the estimates for the great interests of the country—the estimates Committee on the Sheriff's Courts, and had gone there day after day for the Navy, the Army, and the Ordnance had always been laid and sometimes there was a quorum and sometimes there was not on the table of the House within the period limited by the motion —sometimes there was a Court, and sometimes there was not, of Sir John Newport. He had not the slightest doubt of the cor. There was very little advantage obtained by going into all the de.. rectness of his statement, but if, on enquiry, lie should find that there tails of the Courts. It would perhaps occupy several years. Such was any mistake, he would set himself right with the House to• subjects had better form the business of a Commission. He had had morrow. He repeated again, that all those estimates con the honour° }ming one of a Commission which would bring no expence nected with the greatest interests of the country were on the table at all upon the public. He would not boast of his own services, but of the House, and in the hands of Members within the limited time. he would say lie was a member of that Committee. Great talent His Honourable Friend opposite had asked him to return to the old was devoted for days and months to that service, from which ser s financial year, but allow him to ask in what condition was the vice it was to be expected great improvements were to be introduced House placed under the old practice ? Why, in nine cases out of into that department of the law. Now, could improvements in the ten, the Ministry were carrying on the affairs of Government with_ law be expected from a Committee of the House of Commons ? out any authority whatever from Parliament.—(Cheers.) The Trial by jury would be introduced, so that his Hon. Friend would Right Hon. Bart. knows well enough that such was the case with perhaps hereafter have the pleasure of going and hearing in a Scotch many of the Governments with which he has been connected. On Court, a suit for 20s. tried and decided by a jury. The Hon. Gen- the accession of the present Ministry they were told from all parts of tleman then concluded by stating it had not been his intention to the House that they ought rather to adopt the plan followed by the speak at such length upon the subject, and thanking Hon. Members French Chamber, and take a vote of confid ence th an go on, on the for their attention, plan which had hitherto been followed. The Government, however, Mr. HORSMAN would recommend his Hon. Friend to withdraw took a different course. They altered the financial year from his motion for a Committee, which he was certain nothing but a January to April, and they were supported, not only by the great sense of public duty could have induced him to bring forward. The body of the House, but also by the people out of doors. Hon. Baronet must have misunsterstood what had been stated when By the plan now in practice the Government had always time he spoke about Lord C ore h ouse ; it was, lie believed stated gen e - sanction o f P ar li amen t th e num b er o f men would be voted; the rally that the Scotch Judges were inefficient from age or bad health, Mutiny Bill might be progressing ; and the wages of the Navy would but no special allusion was made to Lord Corehouse. If the power be paid, and all would go on under the sanction of the House. It of securing the comforts of after life were withheld from those would be a great departure from principle if they were to go back venerable characters, it was :to be expected they would remain on to the old system, unless at the same time they were also to recur to the Bench till overtaken by age and infirmity. His the old practice of assembling in November. If the House met at Hon. Friend, he thought, had obtained his object in the public at.. such a time Government could accommodate any one with making tention he had attracted to the state of the Judicial Bench in Scot the financial y ear commence in January; but meeting as they did land, and therefore he did not foresee any objection to hi s w ith. in February, it was absolutely nec essary th at they should adhere to drawing his motion. the system of commencing from April. He trusted that his Hon. Mr. HOPE said he was able, from his own personal knowledge, Friend would not divide the House, for he had obtained all that he to contradict much that had been stated in respect to the Scotch wished by getting a recognition of his principle which should be Judges, and he regretted the Hon. Member for St. Andrew's, had followed in all practical cases. been led into the statement he had made. Mr. WARBURTON—If he understood the suggestion of the Hon. Member for Greenock it was this, not that there should be. Mr. BANNERMAN had been in the Court of Quarter Sea sions in Edinburgh, and had there seen a venerable one universal rule, but that Bills should be brought in at aim early Judge, sin honourable and upright man, and had heard him deliver stage of the Session. For his own part he would have two classes of his opinion on two short cases. He was in such a state of imbe- cases—lse That wherever duties were to be imposed or raised, cility, that he regretted to see him, and he was prompted by his the Bills should be brought in on the first day of the Session; but brother Judges on the right and left.—(Hear, hear.) The Lord in the second place, when duties were to be taken off he would President was not there on that occasion, and th ere f ore h e was sorry allow the Government to have power to int ro d uce t h e Bill when to hear his Hon. Friend say, that his mind was i m becile ; h e was, they please.—(Laughter.) The Right Hon. P res id en t o f the Board however, in bad health. He hoped the Scottish Judges would soon of Trade said that it was the fault of the House that be enabled to retire on full salaries, and if his Hon. Friend did not the duties on corn and timber remained in the tame bring forward a measure for that purpose, he would himself do so. state as they had been during the last few years. Mr. O'CONNELL said the Judges of Scotland were not ade- That was not quite correct, because it was the duty of the Right quately paid for their services. It was impossible they could Hon. Gentleman to have brought in a Bill to carry into effect the save money, and yet support their families. It was a paltry recommendation of a Committee which had sat some years ago and species of economy, that they were not allowed to resign on full recommended that the duty of timber should be reduced. The Right salaries. Such economy was pursued both in Scotland and Ire- Hon. Gentleman, therefore, should accuse himself and not the land, and was equally bad in both countries. House,because he (Mr. Warburton) and his friends around him h w i o m u would d h h o havethen cheer r ? cheer No ; o f they wouldufrs friends e upon n mute. w th h e o Mr. PRINGLE denied that the venerable Scottish Judge were very anxious for the reduction. When he (Mr. Warburton) alluded to by Mr. Bannerman was in a state of imbecility ;he was sat on the opposite side of the House, along with the Right H om in full possession of those splendid abilities for which he had been so Gehtleman, he had frequently brought the subject of the ti m b er much and so justly admired in Scotland. It had been lately his lot duties before the House, and had been frequently cheered by him he evinced that singular ingenuity of mind by which he had long that purpose, would he have the cheer of the Right Hon. Gentle. a t: lA : f ear him give his opinion on some case, and lie could assure him and his friends. Suppose that he were to introduce a Bill now for astonished his hearers. There was no Judge in his (Mr. Pringle ' s) man ? hi Hear, hear, hear," from Mr. Poulett Thomson) Fell, but Judge had done, recollection who had borne a higher character than that venerable Mr. a e n to pass through of have r. his (Mr. W.'s) earnest support. Judge ßANNEßMAN question was promptedexplained. respect stated to thethat the evidence qt L hu e eem t s Committee, o h o nn e w.. R Ai i t g HLt Right ee t ,AlaclnoEdn wouldh, dme G i dw e e t r i noe t uol l Gentleman na a y n ea c tnh a rat:: divide iuvt Billsdt hee recommendationsthh account of his being exceedingly deaf ; he had said nothing what. ever against his abilities or his character. Mr. GILLAM denied th at the Jud g es of Scotland were under. seven stages, instead of five, it was an argument in favourof an earlier paid. He thought, Considering the short period the Judges sat, bringing in of Bills. He thought the financial year ought to be they were admirably paid for the duties they performed. He closed in January. He thought that such a course would save a thought the public money could not be better applied than by vast deal of trouble to the Chancellor of the Exchequer ; he would giving the Judge a proper retiring provision, but it should be at withdraw his motion.—Motion withdrawn. that time of life when they were incapable of performing their LAW OF COPYRIGHT. duties. Mr. Sergeant TALFOURD, in rising to bring in the Bill which E. ELLICE, jun., made a few observations in explanation, he had brought in for two Sessions, for the purpose of amending the which were totally inaudible in the gallery. law of copyright, hoped he might be allowed to abstain from in- Mr. AGLIONBY considered the subject with respect to the viting any discussion in the present stage of proceeding. Although Scotch Judges had been brought forward prematurely. He thought he was perfectly ready to agree to the principle which had been the Hon. Member would not gain much by the appointment of a laid down by the President of the Board of Trade, that it was Committee of the House of C om mons, as he considered a Corn. desirable Bills s h ou ld not be laid before the House without the mittee of the H ouse of Commons . was not the best authority to take grounds of them being stated, yet, when a measure had been up the matter. He was in hopes, however, that what had taken twice sanctioned by the House up to the second read.ng, and when place would induce her Majesty's Government to take the subject it had been withdrawn last Session for the sake of forwarding the into their serious consideration, for the purpose of revising the public business, he hoped that he might be permitted whole judicial system in Scotland. on this occasion to introduce it without fatiguing the House.— M W ALLACE thought that the House h ad run awa y fro m the (Hear, hear.) If thi s was the feeling of the House, he would at question, and th a t it wou ld b e va i n on his part to attempt to bring once mo ve f or l eave to introduce the Bill, as the subject was one them back to it . In answer, however , to the observations of the whi c h wanted the excitement attendant on political discussions. Attorne y - General, he had to complain t hat the y would not all ow Mr. WARBURTON would not detain the House farther than them r. to try for shillings and sixpences in Scotland, but they would to express his hope that this Bill would follow the fate of the Bill of for arms and necks--(laughter)—anything that would serve the purses of last Session.—(Hear, hear.) He would not oppose its intro. of the people of Scotland they would not allow them to try- He duction, but would take every opportunity during its progress to would not longer detain the House, or take a division on the sub- contribute towards its defeat. ject ; hut seeing s the impression that had been entertained he would Leavewas then given to bring ill the.Biil. withdraw his motion. JUDGMENTS, CROWN DEBTS, AND FIATS IN BANK_ Motion withdrawn. trade RUP ve TCY. Mr. WA LLACE then rose to mo ve "That,: no Bill affecting the Sir E . SU GDEN moved for lea to bring in a Bill for th e b etter or commerce of the country be introduced after Eas- protection of purchasers against judgments, Crown debts, and fiats ter, unless on special cau se being shown why it had in bankruptcy. The result of the Bill would be to lessen the not been brought fo rwar d sooner ." In making the present motion, expenses of the delays attending purchases, and avoid a great he begged the Right H ono urable Gentleman opposite would under- ' mass of litigation. With respect to the question of judgments. stand that he did not intend to disparage the motion of which he As the law stood until a recent period, judgments could be had had given notice. in all the Courts, and each Court had a register of its own judg- Mr. HUME felt great pleasure in seconding the motion of his i ments ; and as these judgments would lie for a great many years, Hon. Friend. Although Government might see fit occasionally to ' a purchaser who wanted to see that there was n o j udgment on introduce measures of importance towards the close of the session, the estates had to resort to every Court, and exa m i ne its registers Trade yet that c ou l d seldom be the case. The Preside n t o f the Board of to see if there was a judgment against the p erson selling them. must in general be aware of what was required to be brought ' One great difficulty was that the names were entered generally, so forward before that period. Last Session more Bills affecting im.. that if a man rejoiced in the name of John King, the person buy portant interests had been broug ht forward at a late period than in ing would find perhaps 200 judgments against the same name, and any other Session. He thought that this notice of motion should be would have to find out the true one. The effect of this was that given Would prevent the public being taken by surprise j a man's judgments bound the estates which he afterwards bought, In a Bill brought in last year, there was a provision that all judg ments for the time to come should be put upon one register, and the description and residence of the persons against whom they were entered should also be stated there. This was a great improvement, but what he proposed upon tha point was this. The evil still existed as to those itidttnents which were eriter.l. up previously to the passing of Ilia .1;iil SCSSiGiI. ile proposal ii.at the judgments already entered up should within a year be brought upon a new register, where they were intended to effect estates in the hands of bona fide purchasers. He had another proposition to make, which was rendered still more necessary from the provisions of the recent Act. which altered the character of judgments as ro gardfd estates. Formerly a judgment was not a lien upon the estate, but the creditor had it in his election to go against the estate if he thought proper, and it was considered rather as a ge neral lien than a particular charge. The late Act had made every judgment entered up a 'charge upon the estate, which involved the purchaser in greater difficulties than existed before. He proposed in order to lessen the difficulty that every five years a person who wished to keep these judgments alive against these estates should re enter his judgment. The effect might be that the purchases might go to one Court only, and have only to search for five y ears. There was a question of a different nature, which also led to great difficulties on the part of the purchasers, and which men of common sense could not understand, which was called a lis pend,Pns. The absurdi , y of the law was this, that if the proceeding went on to a decree, there was no notice at all, but the mere filing of the bill, and the pro ceeding in court was a notice —upon this antiquated notion, that every body was present during the proceedings of a court of justice, and that every body knew what had happened in the past decrees of the court. The result was frightful. A mon who had not he slightest notion of litigation was suddenly told there was a Zis pendens, and when he asked the meaning of that he was told it was a suit in Chancery. He proposed a very simple remedy for that, which was, to make every man who filed a bill put his case upon this register of judgments which he had already mentioned. The next subject to which he had to call the attention of the House was one of a very important nature. By the law of this country every accountant of the Crown had his estates b)und to the Crown during the whole time of his liability, and if he should sell an estate at the time he did not owe a shilling, and 20 years afterwards was seized for a debt subsequently incurred, the purchaser who had bought the estate would be liable to the Crown for every shilling of debt incurred by the tenant. How he proposed to ob viate the objection was this—that in the Court of Exchequer there should be a register similar to the register of judgments to which he had adverted, and that the Crown should in that register enter the names, alphabetically, of all the accountants and debtors to the Crown. He did not think there would be any opposition to what he proposed on this subject. The next was a very difficult ' question—it related to the operation of lists in bankruptcy on estates of traders. The law as it now stood'was this, that if he bought an estate from a trader, and there was a prior act of bankruptcy, of which he had no notice, yet if a commission issued within two months after he had bought the estate then he would lose it. Now that appeared to him to be altogether without defence.—(Hear, hear.) It was manifestly absurd. If a trailer was not prevented buying an estate, why should he be prevented selling an estate? What he wished to provide was, that a bona fide purchaser for value, without notice of bankruptcy, should not be affected by a com mission of bankruptcy after he had bought and paid for the estate. The present law prevented a man turning his money into estates, and his estates into money, as he had a right to do if he chose. The present law provided that if a man had notice when purchasing an estate, of a commis sion issuing within twelve months of the purchase, that that should bind him. He (Sir Edward Sugden) saw no objection to that, because if a man choose to speculate with his eyes open he must take the chance of any creditor of the bankrupt pouncing on him and the estate hehad bought. These were the principal objects he had for asking the House for leave to bring in this Bill. He would not have taken :the liberty of doing so had he not thought that such a bill would facilitate the transfer of property, without taking from any man the right he ought to enjoy, while it gave the purchaser a degree ofsecurity and safety which be thought it was the bounden duty of the House to provide for him.—(Hear, hear, from both sides of the House.) The SOLICITOR-GENERAL would not detain the House on the present occasion, but he could:not let that opportunity pass without tendeiring his thanks to his Right Honourable Friend for this useful and material alteration in the law, which he proposed to introduce.—(Hear, hear, hear.) It was, no doubt an alte. ration, most desirable in itself, but he could not help looking at the two first propositions of making a more effectual register of judgments and Crown debts as at least one important step to the panf.cea—the real medicine and remedy for a great many of these evils, the establishment of a good system of general registry.— (Cheers.) He looked to this as a most nnportant advance ; he did not treat it as an immaterial matter in the benefit which it contained itself, but he looked at is as a most important circum stance, that it was an advance, and an advance in the right direction, to that which was the only real remedy for our present complicated and expensive system of real property.—(Hear, hear.) Leave was then given to bring in the Bill. PRISON DISCIPLINE (SCOTLAND). Mr. FOX MAULE then rose to move for leave io bring in a Bill for the Improvement of Prisons and Prison Discipline in Scotland. The principal alteration contemplated by the Bill was in regard to County Boards. We had now County Boards and Boards under those County Boards: it was his intention to unite the two. He proposed, in regard to assessors, instead of leaving the law as at present, to give to Commissioners of Supply for the county, the power of assessing for the purposes required ; and he should give in all counties a power of raising the assessment a penny in the pound on real property. These were the principal altera tions he intended to make. He had, during the recess, visited Scotland, and from the inquiries he had made there he was not con vinced that the mode of assessment adopted there was good. He had, however found it in such condition. This Bill would of courle include other matters, for which the House would be responsible ; but he hoped he should not be accused of pressing the Bill for. ward too hastily, as sufficient time would be given for understand ing its details during its progress through the House. Sir GEORGE CLERK entirely approved of the main objects of this Bill, and the necessity of introducing better discipline into prisons, and providing further accommodation therein. No per son who had been in Scotland but must regret the state of the prisons there; but the Hon. Member had introduced some things into his Bill which were not connected with its main object, which was the improvement of prisons. He approved of the alteration as far as it went, but he wished to call the attention of the Hon. Gentleman to the propriety of separating that part •f the Bill which went to provide for the improvement of prison discipline in Scotland, from that which provides for the building of one, or two, or three other prisons for the confinement of pri soners after trial, and where an improved system of discipline is to be carried into effect. He thought the providing by an assessment for the building these additional prisons, without immediately raising the question as to the propriety of throwing the burthen of the expense upon the people, was premature. No person knew the proportion of expense which would be thrown on the people, because in former Bills, lie believed, the returns from the different counties were made up on different principles and for different objects, and did not offer the means of judging of the present case. He regretted the Principal Secretary of State for the Home Department was not now in the House, because he should be fortified by the example he had given last night, in an observation he made to the House on his intended measure for building prisons. The Hon. Gent. had much better have divided his Bill into two parts, and he hoped before the Bill passed he would see the propriety of so separating it. He would say then little time should be lost in carryinging through the measure connected with the improvement of discipline of prisons. He thought this improvement should be under the direction of a central board; and in this respect he approved of the Bill, but he was not:satisfied with the expense thrown on the people. He was friendly to the experiment of improved prison discipline being tried on an extensive scale, but he thought that experiment might be tried in the large military hospital in the Isle of Wight, which was large enough to contain all the prisoners condemned for crimes in Scotland, without throwing on that country the heavy burthen of building additional penitentiaries. If, as the Noble Lord at the head of the Home Department had announced last night, he meant to call upon Parliament for a grant of money, for the purpose of building prisons, let the ex. periment in regard to Scotland be tried in the same way, and at the same time. The prison in the Isle of Wight would incur an ex pense of about twenty thuusand pounds, but it would hold all the prisoners of Scotland for many years to come. Let the experiment be tried, and let it be paid for out of the public purse, and not paid for in this unsatisfactory manner, out of the people's pockets. He hoped, for the sake of Scotland, that the Right Hon. Gentleman would divide the Bill into two parts. He thought the erection of prisons in Scotland should be made:a charge on the Consolidated Fund, and not be paid out of the Country. rates. Mr. FOX MAULE was surprised at the course adopted by the Hon. Gentleman opposite. A new light seemed to have dawned upon him. He (Mr. F. Maule) viewed with alarm the proposition of the Hon. Member, as it led him to anticipate an opposition to the measure which he had not anticipated. Notwithstanding a!1 that had been said by the Hon. Baronet, he (Mr. F. Maule) considered it better that the Bill should be proceeded with in its single shape. Leave was then given to bring in the Bill. LEGACY DUTY. Mr. HUME moved for a return, showing the amount of capital on which the several rates of legacy duty has been been paid in Great Britain for 1836, 1837, and 1838, distinguishing the amount of each rate paid in each year, and the total amount of each rate paid in each of these years, together with the total amount received from the commencement of the tax. His object in his moving for this return was to show the inequality of the mode in which the duty was levied. It fell heavily upon the poorer classes while it passed by the rich. Another object he had in view was to complete the retarn from 1824 up to the present time. The CHANCELLOR of the EXCHEQUER would not deny that there was some inequality, but the inequality was not quite to the extent represented by the Honourable Member for Kil kenny.—(Hear.) To have represented the case fairly, he should have stated on the other side the stamp duties on conveyances and various other stamp duties, to which landed property was subjected, but from which personal property was exempt. He would also cor rect a misstatement of the Hon. Gentleman respecting [the duty paid on the property left by the late Duke of Sutherland. If he would refer to the probate of that will he would see that the revenue had been considerably augmented in consequence. Mr. HUME—That was on personal property only. Return or. dered. REGISTRATION OF VOTERS (IRELAND). Mr. Sergeant JACKSON in withdrawing his notice for leave to bring in a Bill to amend the laws relating to the Registration of Voters in Ireland, and to assimilate them as much as may be to those of England, stated that the present state of the registrations in Ireland was admitted by persons of all parties to beexceedimgly defective. A measure had been brought forward in 1835, and again 1836 and 1838, to remedy these evils. The Committee on Fictitious Votes had examined witnesses from all parts of Ireland, and all agreed that the registration was in the worst possible state. The law for the relief of the poor which passed last Session had afforded machinery which did not previously exist for the purposes of regis. tration. It was his desire to avail himself of that machinery. —(Cries of " Hear, hear.") He did not bring forward this measure with any party view, and should be obliged to any Gentleman for suggestions on the subject. He had received recently some very important suggestions. He had been told that it was premature to introduce it—that he had better delay it for the pre sent; and in accordance with that advice he would net now move for leave, but would avail himself of more suggestions to bring in a measure at a future period. EXCISE LICENSES. Mr GILLON moved for leave to bring in a Bill to regulate the renewal of licenses for the sale of excisable liquors in Scotland. He stated that at present dealers were obliged to get a certificate from the magistrates to obtain an Excise license. The alteration which he intended to propose was merely to enable the dealer to obtain a renewal from the Exise of his licence until he should be convicted of some fault which would deprive him of his licence ; in fact that he should be able to renew his licence as long as he behaved properly. An IloN. MEMBER on the Opposition side of the House said he presumed this Bill was similar to one of last Session. Leave granted. POOR-LA WS (IRELAND). Lord MORPETH, in rising to move for leave to bring in a Bill to amend an Act of the Ist and 2d Victoria 1., cap. 56, for the more effectual Relief of the destitute Poor in Ire land, stated that his object was to remedy a considerable degree of perplexity which had arisen consequent upon some of the clauses of the act referred to. In certain districts of Ireland it turned out that the machinery for carrying the -tea into operation did not exist at all, consequently, the Commissioners were at a per fect standstill. This would be remedied. Provision would aslo be made for more accurately defining the boundaries. Provision had been made in the act for certain preliminary expenses. These expenses were of a very limited nature, and provision was intended to be made for raising a limited sum, w i t h a view to meet them. It was directed by the Act that appeals should be heard at the Courts of Quarte r S ess i ons, which were presided over by Assistant Barristers. Now, there were certain towns where Assistant Barristers did not preside—this Bill would remedy the evil. Mr. SHA W said that difficulties had occurred in the city of Dub. lin with regard to the operation of this Act, which it would be necessary to relieve by some legislative measure. He hoped that every Bill on this subject, like the one of last year, would be di s " cussed without reference to patty feelings, and he hoped would be the case in Ireland also in all proceedings that mig ht taken in consequence of this measure; but he was sorry that in the city of Limerick such had not been the case. Ile thought if thy Horse of Industry in Tlnt , lir wr,rf• ',! orr'Pr , th.r. 811per!r.!Cri:1- e freCted; ence of the Commissioners a consiticraine saving would be office but he wished to recommend a class of old and deserving that this belonging to that Institution, and who would be thrown out of en' I A ployment, to the considerati on o f th e N o bl e Lord. The Noble "d would make no specific motion on the subject, as he was of nfi ni° , 3 . that the Lords of the T reasury were th e pro per persons to applied to to make the pr o vi s i on on thi s su bj ec t ; but, however dial; question might be, he hoped that the cases of these officers IN" receive the consideration they deserved. Mr. S. O'BRIEN would take this opportunity of protegli " l n against the delay that had taken place in bringing this meg,r,! e into operation. It was too bad that a measure for the relief of poor in Ireland should th us b e d e l aye d— eve ry day the Pub i: l were shocked with the intelligen ce o f ou t ra ges taking P l ' ce Ireland, though few were a w are th a t th ose outrages g ene lle l arose from the consolidation of the farms.—(Hear, hear') would not express an opini on up on th e p o li c y o f this consoli dati l: but considering the numbers who were rendered destitute bYla tb and the latest accounts from New So u th Wales describing 0 advantages of that colony, lie would call upon Government to grs on some ossistance for the furtherance of an extensive em i g re ti which would materially diminish the temptations to crime' t I' o hoped the Noble Lord would furnish the House wsth a gate/0 as to the manner in which this mea s u re h a d been carried in effect. Mr. F. FRENCH asked if there had not been some ditlhctw in obtaining the barracks which were not use d by soldiers iatt"-at land, and which the Ordnance, though it had been agr eed du ei they should be given up for the Po or -l aw p ur poses, had rs--i to part with, except at very high prices Lord MORPETH said he was not aware that any very nee, prices had been demanded for such b arrac k s by the O r tho se who could not however, it should be recollected, part with buildings for nothing, but they were bound to require a fair vat" or e and he did not think that they had shown a disposition to r i b. with respect to the complaint as to the del a y i n c arrying °II ; „er• Poor.law Bill, the Hon. Member (Mr. S. O'B r i en ) was the las t son who ought to make that complaint for the county he l `r t he sented (Limerick) had already been di v id e d i n t o Unions, a nd work was going on throughout Ireland as quickly as possible. The Motion was then put and agreed to. LATE SITTINGS. tient Mr. BROTHERTON, in rising to b r i ng f orwar d his Ites"B that it is desirable that no b us i ness likely to create debate sheath brought on after twelve at night, except on urgent ur cular occasions, was receiv e d w ith l ou d cr i es of /I°l '4 He said that though lie had formerly submitted 'louse, it: the same nature, absolutely binding on the had become satisfied that it was vain to expect any such no tt°° o l. pass. He now therefore only asked the House to express i t ' ll - c ed Mon as to the desirableness of the rule in question. H e b f -e lr great evils had resulted from midnight c ted bates which took place after midnight might as well be sp ed Der with closed doors, for reporters as well as Members were elt e .„gfos, exhausted.—(Cries of " Hear, hear.") The British r'eso ment was the only legislature which sat at night—(Heat' Stem Motion s —he saw no possible reason for the continuance of such a . :00 Sir E. CODRINGTON in se con di ng th e mot i on, gav e en hill of a Bill which he had come down with night after night, till plO one o'clock to oppose, and a t l as t was carried at half-pas t the morning.—(Hear.) though! The CHANCELLOR of the EXCHEQUER sa id be the matter ought to be left to the discretion of the House• Abisi events, it was was quite useless to pass such a resolution as HOW ttd as to which there wou ld b e a di spute every time it wa s st- tbe to be enforced.—(Hear, hear, hear.)—For instance, as t° ,fis• words " urgent business," there would always be . I „ the cussion on that ques ti on ; and so with regar d "".de• words " likely to cre a t e a d e b a t e. " T here would b e alvi r el S A - 1 to bate of half an hour to decide whether the subject was " create a debate" or not. —(Hear, and a laugh.) d O i l Lord DUNGANNON tho ug ht no inconvenience W ould r 1 from matters continuing as they were in this respect ; but .` r d. protest against a resolution whi c h was at l east f ut il e, if not °l*l —(Hear.) s ge Mr. BROTHERTON said he would have no objection to the the resolution binding on th e H ouse — (H ear, and a laugh)llole' knew the House w o uld no t agree to i t.— ( Hear.) H e would , ever divide the House. The House then divided when there appeared— For the motion Against it Majority , The LORD AD ADVOCATE then obtained leave to a Bill for regulating the sequestrations of the 0,, ° ta ,, te- I..s e Bankrupts in Scotland ; a l so a Bill to amen d il l to of Scotland in m a tt ers re l at i ng to Bankruptcy ; a 1 facilitate the prepar a ti on o f W r i ts in Scotlan d ; a ;301 ob° facilitate the constituti on , t ransm i ss i on and extinction of''"igrstiee securities for debt in S co tl an d ; a Bi ll to provide for t h e reg ,s " of Leases of lon g d ura ti on i n Scotland the "" , and to facilitate iv; stitution, transmissio n , an d ext i nct i on of securities f or debt t" e ,stri oct Bill to regulate an d i mprove the passing of Crown Charters in Sc' vo uld The Learned Lord a l so gave not i ce that on Friday nex t be move that the Ho use reso l ve i tself into a Committee of tlicoisot. House, in order to consider the propriety of increasing th e of the Judges in Scotland, and their retiring allowances. ~,„b e r Lord DUNGANNON t h en moved for—Return of thetta,rousli houses licensed for the s a l e o f b eer b etwen the Ist day of "400: and the 31st day of D ecem b er, 1838, in England and Wales; a ,. sr fying the number in whi c h it may be consumed on the prows ' the number in which the sale only is pernitted.—Ordered• it 1 0 Mr. ROBERT STUART th en moved that a new not. issued for the county of L e it r i m, i n the place of Lord el , e %bo ceased, and one also for Carl ow, i n the room of Mr. Masti c . - • been raised to the Bench in the Court of Exchequer. The House then adjourned at a quarter past twelve. METROPOLIS IMPROVEMENT. the bird Select Committee appointed " to take into consideration . o 'olo rat plans for the Improvement of the Metropolis, concerning Reports were made to this House in the years 1836, 11° . AlO . 1838; together: . with any other plans for the same obie c ', r op , ' they may deem deserving of consideration, and to report tr 17.00; nion as to the expediency of adopting any of the said improvewt ond, also, as to the best means of carrying the same into eff . 1 10 04 Sit Matthew Wood, M r . Ch ancellor of the Exchequer, Si r oto ll, Peel, Lord Viscou n t L owt h er, Mr. Herries, Admiral Codri-his Sir Robert Harry Inglis, Mr. Shaw Lefevre, Mr. Clay, M r ;43o, Palmer, Sir De Lacy E vans, M r. P endarves, Mr. Barnard, jamin Hall, Mr. Wakley :—Power to send for persons, Papers ' frO° records ; Five to be th e quorum ; Power to report observation ' time to time. NOTICE OF MOTION FOR FEB. 13. c e Mr. Youlett Thomson—Re-appointment of Select Corarn ta 4 oo s Private Business, " t o cons id er whether any and what inIP" 1 „blr• can be adopted in the mode of conducting Private Business • s on' Poulctt Thomson, Sir Robert Peel, Mr. Shaw Lefevre, Los eeve~ ley, Mr. Hume, Lord Granville Somerset, Mr. Loch, Mr* ar Sit Mr. Aglionby, Mr. Williams Wynn, Lord Viscount Ebring tQ f les James Graham, M r . Edward Ellice, Mr. Freshfield, Colonel e t be — Power to send f or persons, papers, and Ds records : Five to quorum. SHIPPING. INTELLIGENCE• MILFORD, FEB. 9.—The Victoria, Mathewson, from CeP' a pe to Liverpool, is un shore near Gillon Island, and it is feared vi come a total w rec k —crew saved. 6 0 GLASGOW, FEB. 9.—The Glasgow, Miller, sailed from ult. for this port, and has not since been heard of. an d° GALWAY, FEB. 7.—A large barque dismasted and ,ah-north with, " Hull" on h er stern, was passed !about twenty miles rliO f Sline-head Lights by a fishing-boat arrived here. ;,, LEITH, FEB. 9.—The Anna, Webb, of Weymouth, "" 0", up the Frith of Forth to-day, experienced a heavy squall, W as _ A on her beam-ends, and soon after sunk ; the drowned. P liej OPORTO, JAN. 2 5.—The Donna Maria, Cardona, v ,-11 hence for Bordeaux 19th inst., has put back to-day leaky sy jnel , LISBON, FEB. s.—The Mellish, Jones, from London t° The s e ; New South Wales, put into this port 30th ult., leakY• in ere 51' blonnsten, Falk, from Newcastle to Constantinople, put - ate G iVSl' ult., and is reported to be leaky. to I V ST ÜBES, FEB, 2.--The Sophie, Norberg, from Ge. - master tar, put into this port yesterday leaky and short of provisi ° t e ytb Vrow Henriette, Kli e an d G ode Hoop, de Boer, arrived s'";tille and‘3oth ult., from Ch a th am, h ave been put under Vara twelve days, having omitted to bring Bills of Health; ii ont l6l MEssrisA, JAN. 19.—The Clio, Denys (coal laden), "- near Millar°, coast of Sicily. Crew saved. t fi nj NEW Yoax, FEB. 19.—A brig, waterlogged with toren :l _l: wit ° bowsprit standing and varnished to the top, a man's bust he 4" a Roman helmet, was passed in lat. 44, lon. 18. Joel; Er GRAVESEND, FEe. 11.—Arri ve d th e Caroline from ilst Amsterdam ; William, Jersey' ; Eliza, W a lk er, Si n gsP°re St. Mic ) .ael's; Garryone, Oporto; Carribean, Amsterdaln• the Victoria for New Y or k ; Joven Nicolas, Bilboa, l' °° " ° Itotterth.m ; Lord Hawkesbury, Ostend. VESSELS SPOKEN Wurn,—The Flamer, of Jersey, 2 7 t h Ult.' 1 ; 1 ' L is 42. lon. 15. ; An n, Li verpool, to Constantinople, 7th in r oifr lc,n. 7. ; Amity, Hall, London to Jamaica, with loss of b( l7 . 'th boom, &c., (having exp er i ence d a violent gale, 23d Dec.) , t h, 11 0 ' lat. 23. l on. 40.; Simeon Hardy, cork to Barbadoes, 9°;at,so" 37. lon. 37. ; Czar Peter, and Union of Jersey, Bth lon. 7. by the Lon! Althorp, arrived at Falmouth , Sean a ft n i as ee d Batavia to Marseilles, 22d ult., lat. 36 lon by th e `-", 5 0 '1 Jordan, arrived at Gibraltar ; Emerald, London to Leghly'ed_.a ult., in the Straits of Gibraltar, by the Chase, Mitchell, sr' , rfw, Gibraltar; Marenus, Patterson, New South Wales to Le nd° c " ,pe Dec, lat. 29. ton . 23. ; Mary Hay, Volum, London to the fo ld' Good Hope, 4th ult., lat. 2. S. lon. 25. W. by the W r l ve n 'aoil t f " smith, arrived in the Downs ; Bucki ng h ams hi re, M o ore, i g ecov erfr South Australia, 3d ult„ lat. 5. N. l on. 21 . W ., by the go tilt' Johnson, arrived in the Do wns ; Eli za, American Barque, " o we% lat. 5s N. lon. 21. by the Recovery, Johnson, arrived in the Esther, of Dundee, bound to New York, 3lst lat. 44 010 7stili * by the Recovery, Johnson, arrived in the Downs ;ult., Merkel's, Rotterdam to Batavia, 4th ult., lat. 1. S., lon. 2 b v lt" the Cousin, Le Bourge o i s , arr i ve d at H avre; H erme s, Live n , Or Valparaiso, 24th Nov. off the Chiloe Islands, by the Bonne arrived in the Gironde. ENTERED INWARDS AT TILE CUSTOM House, FEO, 19 '13;e 1. Norris, St. Michaels ; Telemachus, Gilbert, Figuera; /OP Finch, Rotterdam; Ida Hilleching, Brockema, Amsterdam; 0 004 tune, Block, Ostend ; C ar ibb ean, I rv i ng, A ms t er dam ; Car Casperson, Kiel; Fanny, P age , Li s b on ; H ope, B oxe r, 11°U.. Bobe r " Columbus, Grubbe, Copenham; Hopeful. Broad, Smyrna ; Steriker, St. Kitts ; Gargone, Broker, Oporto • Nereid , sw for d ' Leghorn ; Celestin, Ertand, P arn i a; Elizabeth, Wa lker ' Cr Singapore. Golde° ENTERED OUTWARDS.-Maas, Bakema, Itotterdarn ; Spiny, Irving, Fernando Po ; Cecelia, Waddell, Launce' to . ed' mona, Middleton, Calais ; Britannia, Cheesman, liamhurgh D ine, las, Douglas, Montreal; Maria, Stocks, Gothenburgh ; C°lll .l3oe ° ' Norwood, Rotterdam ; Soho, Whitcombe, AntWerP ; Se c ; gen%l e ' Sebor, New York ; Leon, Brown, Jamaica; T a merland, t fort Calcutta; Beeswing, Smith, Oporto; Cassard, Cassard, Ganges, M'Donald ; Australia ; Bailey, Orfleur, Mal ts ! AO' rant, Constantinople; Britannia, Cheesman, HamboroUgn' wood, Major, Rotterdam. IN BALLAST.—Jacobine Maria, Melsen, Baltic. Just published, to be had Gratis, nOS' NEW MUSI C.—A Quantityof MUSICAL 13 ,. "s a ie,_l playing upwards of 400 Airs, Overtures, &c., being wr oisiev List of the Music is now published ; also the prices of th e IkfaY Boxes. The List can be sent b y post, as a single letter'safer be had gratis, from T. COX SAVORY, Goldsmith, peoll smith, Watchmaker, &c., 47, Cornhill, London (Se ven from Gracechurch-street). BS. On the 9th i ns t., in South IRTH Audley-street, the wife of W. Landon, Esq., of the Temple, of a son. SO' SO' On the 11th inst., at Bartlett's-hi', ildings, Thomas Lloyd, of a daughter. shire, John Neilson Gladstone, MARRIED nov/ 13 " On the 7th inst,, at the p • h chug . 11 of Knockbredaa,• -- iv to aris Es, Elizabeth Honoria Bateson, second of Sir Robert e. Bateson, Bart., 'ALP of 13eivoir-ark and Moria, Dow ns J o h n Lieutenant , / 1 -l' On the 11th irst ~' at St. Marsy Br anston-square, ",r. Tilley, Esq., to Cecilia Frances, dati i ghter of the late A. Trollope, of Lincoln's-inn, Es , q. ____.------------- ___________ DIED. On the 9th inst. Emily, third daughter of James ,--- xiii,log, ° Esq., aged 13. - On the Bth in , t. , , John Vendramini, Esq., the celebrated engraver, aged 70. London: Print e d an d P u bli shed by MURDO INIG' Of • No. 112, St ran d, a t Th e Sun Office, Nn. 112,, Strandtin the county o f iNiddlesex.—Wednesday, FebrVoY 13 ' I°9. ( r e dt rtakT to 41 n e l 2Pec Ri t , 4 —.ate egV ha ea I 11 A T' she f ,. te xt, a theat er Date 14 ( i C. I H. I J o h, kick Hots 804,1 14, Ct, 4t , 4 I Nth