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

speratione quo velint evadendi protinus circa ima, sub -stiterint." (Hear, hear.) The noble lord moved they first reading of the bill. Lord ST. LEONARDS spoke so indistinctly at first that n o perfect sentence reached the gallery. The noble lord was indistinctly heard throughout. He was understood to aay there had been no time, since the noble and learned lord (the Lord Ch ancellor) had held the seals, to prepare any further measures of law reform. His noble and learned friend had stated the reasons why he had not thought necessary to propose any reform in the courts of common law or Chancery. He took it for granted he would come .to that conclusion, because it was obviously altogether un wise to attempt to touch those courts until they saw what had been and would be the operation of the great and extensive measures of reform which Parliament had recently passed. (Hear.) His noble and learned friend had touched on a question very difficult and not very advantageous to touch upon—a question on reports not yet made. He would excuse hint for saying it might im whose report was not made, with p res s the commissioners, the opinions expressed in their lordship's house, although he knew his noble friend had no such object. Referring to one question before one commission with regard to the fusion of law and equity-z-which he (Lord St. Leonards) -would rather call the confusion of law and equity-Lhis noble and learned friend seemed to have misconceived the difference of proceedings upon contracts in courts of law and equity. A common law court had no jurisdiction in what was called specific performance. The matter lay in a small compass. In law, if you entered into a contract, it mattered not whether for goods or real estate, you .were bound to perform it, and if you did not an action might be maintained against you, and damages would be given according to the extent of the loss incurred by the non-performance of the contract. The law gave in cases of real and personal estate precisely the same relief. The contract was treated in a court of common law as broken, if refusal or neglect to perform it was proved to have been made, and damages were awarded in proportion to the injury sustained. In a court of equity the contract was treated as subsisting. The court regarded the person contracting to purchase an estate as the actual owner from the moment of the bargain, and if the answer was that time had not been given to make out the title, the court granted time for the purpose, but had power to enforce specific performance. That power wasnot possessed by a court of common law, and hence the difference of the two reme dies upon any contract, whether for the sale of land or goods. It would be necessary, for this purpose, to give the court of law the same machinery and the same officers as the Court of Chancery ; whereas the Court of Chancery had the ma chinery and the officers already, so that to multiply them would produce no other result than a clashing and imper fect jurisdiction. In the bill he had himseif lately intro duced with reference to the Court of Chancery, he at tempted to introduce a clause to enable courts of law, in cases • -where the man was entitled to the equitable estate, but not to the legal estate, to prevent the necessity of nonsniting, or giving a verdict against him, merely because he hap pened not to have the legal estate. This he proposed to do by enabling the courts of law to send the case to a court of equity, to know whether the party was really entitled to the beneficial interest. But, so far from this being adopted as a first step towards improvement, it was struck out of the bill altogether. It did not seem, therefore, as if there was any great dispositions on the part of the legislature to adopt what was popularly called the fusion of law and equity—a fusion which he was perfectly satisfied could never be ac complished. With regard to the subject of divorces, he had great satisfaction in congratulating his noble and learned friend in having brought this important subject under the consideration of Parliament. (Hear, hear.) The next subject to which he should refer, related to the question of testaments. The late Government had had this subject under their consideration. They had issued a renewed commission, under which they added other learned persons to those who were already directing tfieir attention to this question, and he regretted to hear that his noble and arned friend found fault with the terms of the reference. He himself thought the terms perfectly sufficient to enable and to authorise the commissioners to state, not merely the mischiefs which they found to exist, but the remedies for them ; however, if his noble and learned friend meant to say that there was the slightest difficulty in the commis sioners arriving at a proper conclusion on these points or any of them, he had only to give them further instruc tions. With the law of testaments there must also come under full consideration the question of the ecclesiastical courts. (Hear.) But, whilst sweeping away that which had long existed, care must be taken not to destroy with out consideration that which was the foundation of the livelihoods of many persons. (Hear.) As far as he under stood his noble and learned friend's " bill of fare," if he might be permitted to use such a phrase without offence, there was to be a registry, a revival of the charity com missions, and a consolidation of the statute law, He was not opposed to legislation on those subjects, as far as it could be properly resorted to. With respect to the regis tration of titles, the bill of 1851 for that purpose would have saved enormous expense, and in respect to real estate, it would have proved a great boon ; and having this opi ' nion, he was entitled to say that he was friendly to reg.'s- , tration as far as it had gone. But the great object of those who now desired legislation upon this subject, was one incapable of being carried into execution under exist ing circumstances, as his noble and learned friend had justly said. They wanted to make land transferable precisely as railway shares or Government stock. But there was more than this. In the first place these persons mean to strike at the whole law of property, by which owners had now full disposing power over it. It was th e l aw o f E ng l an d a t present that was no property, small or great, which could be kept extra-commercial ; so as to speak ; there was no portion of property, whether of a large or small estate, in respect to which a man might not go into the open market and buy whatever he desired to possess. Such was the case now. But what many persons wanted by registra tion was not so distinctly to reduce the transfer of land ; they wanted rather to stop all disposition of land for the pm-poses of family enjoyment and the support of such dig nities as their lordships possessed. (Hear, hear.) It was obvious that this at once introduced into the discussion a most important social and constitutional question, for it was ridiculous to speal: of this subject as relating only to the transfer of land, involving as it did other questions upon which the happiness and the existence of many per sons in the country depended. These were questions to be dealt with lightly ; and ho was sure his noble and learned friend would see that they were entitled to the deepest consideration. On the general question he would at once assert that no man could prove to their lordships that a general registry would either shorten conveyances by a single line, oradd to the relief of the land. The registry would not add to the deed, nor would it lessen it. If a man's land was registered, ho must still have an abstract of his title deeds • and if he wanted to sell, the abstract would be submitted to a learned counsel just as it was now, whilst no man could make up his mind as to the title with out havins , the deed itself before him. He cont en d e d fur ther, that' there were serious objections to registration founded upon the doctrines of notice to mortgagees, and that under certain circumstances a, court of equity would support the title of a mortgagee against the purchaser. There was to be upon the register a title in fee simple ; but a man would make a settlement of his estate without the settlement being upon the register, so that one person might appear upon the register as owner, though he was not. If their lordships wished to produce confusion in the law' of England, and misery in families by means of settlements, let them adopt this proposition. But his noble and learned friend said that if a person claimed under a settlement which was kept from the register you could go to a court of equity and get an injunction. With great respect to his noble and learned friend, he hardly thought that this course was seriously recommended. If the indi vidual attempted to sell, why should not the settlement be put upon the register ? This would at once prevent him from selling, and at the same time give a title to those upon whom he had settled the estate. Such were a few of the difficulties which he ventured to suggest ; and he thought it would be admitted they were not to be dealt with lightly. It was certain that such a measure as was proposed by his noble and learned friend would be opposed in many quarters, and he could not av o id ex p ress i ng hi s regret that it had been brought forward ; for, as he should be prepared to show at the proper time, the damage it would do would be greater than its benefits. The expense of it, too, would be certain, and who was to b ear it ? Th e landed gentlemen of England. But could their lordships believe that the landed gentlemen of England were so easy to be worked upon that they would adopt the measure, and put themselves at such a vast expense for a very pro blematical benefit, at a moment when they felt they were suffering from the state of the law? (Hear.) With regard to the subject of charities, to which his noble and learned friend had next made reference, he had nothing to say. The last matter to which reference had been made was the subject of the statute law. At the present moment their lordships were starting on the experiment of digesting a portion of the law—namely, the criminal law. That limited portion had been referred to very learned com missioners, who had made sunny reports. Eight blue books, he believed, had been the result of their labours, when, at the suggestion of a noble and learned friend of his not now present (Lord Brougham), the late Go vernment consented again to take up the subject. The examination of the criminal law alone, before the late Government took it up, had cost the country upwards of 40,0001., and there must have been some additional expense since. Having had his attention directed to the subject, he apprehended it would be found that this of itself was a very considerable task. His noble and learned friend had spoken of the style of our acts of Par liament. If he understood him rightly, his noble and learned friend proposed to simplify the style and to correct the ianguage of the statute law, so as to make it so plain that "he who runs m a y rea d." Hi s no bl e an d learned friend was e mbarkina- up on a measure which alone was sufficient to occupy a long lif©; and if he was proposing to himself the compl e ti on of the work, he (Lord St. Leo pards, hoped most sincerely that nothing might occur to interrupt his labours. The difficulty of the work might b e estimated by taking some particular statue. The lan guage of it might be exceedingly tautologicel, and it might not bc grammatical ; but it nnght have received a parti cular construction from having been th esubject of discus sion in courts of law, though -a i -ere might be a different opinion in the profession as to its actual meaning. The moment you attempted to simplify th e s t yle and correct the language you opened the doors to the courts of 1a w in order to ascert a i n w h a t meaning tha new Ph ll ra r w el aw'asto have. So it w ou ld be with other acts. there foro of opinion that no living man was compet ent to the work which the speech of his noble and learned friend seemed to him to imply. No living man was, he repe a t e d , in his opinion, competent to digest the statute law of thi s country in such a manner as not to lead to a great deal of litigation. As to acts of an annual or a temporary nature if y - ou did not disturb them they would not disturb yen. At the same time it was quite possible for improvements to be made. In the present state of our legislation, for instance, no measure was ever brought forward on any special subject without the whole of the preceding acts upon the same subject being recited, and sometimes re enacted in a consolidated form. This was a beneficial practice, which he hoped would be continued ; and as re garded the work of digesting the statutes, he conceived that it would be only practicable to do what had been done in respect to consolidation, for the moment you altered a statute, from that moment you made a new law, with all its contingencies. The expense, too, was a matter well worthy of consideration. If it had cost 40,0001. to produce tie reports of the commissioners for consolidating the criminal law, he left the house to consider what was likely to be the expense of a digest of the whole statute law._ No doubt, as his noble and learned friend had inti „, .t d competent persons might be found to execute by min -rent work p ar t ament but . after that it would have to be clone for he ventured to think that neither their lordshipsaganoT'the other house would take it quite - upon trust. When the digest was prepared his no bl e an d learned frien haveou ld to assist in carrying it out. In respect to the crimi va l law he had himself certainlygiven way, but he desired to see how the change worked before he consented to proceed further, and so he took the liberty of recommending their lordships. With these observations he should conclude. He had been taken somewhat by surprise by some of his noble and learned friend's observa tions, but when the measures he proposed had been printed he should be prepared to give them full and candid consid eration. (Hear, hear.) Lord CAMPBELL had listened with great satisfaction to the able and lucid statement of his noble and learned friend upon the woolsack ; and he must say that he highly approved of the course he had taken, both as to what he had abstained from entering upon, and what he proposed. Yet he thought his noble and learned friend would have acted a little more judiciously if he had not alluded to what was called the " fusion of law and equity"—to the desire that there should be universal jurisdiction over all causes, enjoyed by all courts, and by every judge in every court. Such a course could only lead to confu sion. If this were a small state, where one court could administer justice to all the subjects or citizens in the state, it might be proper that that court should have universal jurisdiction ; but in any state where two courts were required, the subdivision of labour ought to prevail. In ancient times, when this country was under the Norman system, we had the aula regis, which had jurisdiction over every subject. But the court found the disadvantage of it, and they subdivided themselves into the Court of Chancery, the Court of Queen's Bench, the Court of Ex chequer, and the Court of Common Pleas. Yet now it was proposed that we should return to the system which pre vailed in the barbarous times of William Rufus. He hoped this would never be the case. At the same time, he felt most strongly the importance of the principle laid down by his noble and learned friend upon the woolsack, that one court ought finally to decide every cause brought before it. For this purpose, and for this purpose only, there ought to be what was called a fusion of law and equity. Each tri bunal ought to be invested with powers to decide finally every controversy which came before it ; for to drive mit ers first to a court of equity and then to a court of law, could only tend to delay and to ruinous expense. (Hear.) The common law judges, he thought, having the great benefit of the most learned works which his noble and learned friend opposite (Lord St. Leonards) had given to the world, and his valuable decisions before them, could perfectly well decide the question which he had sug gested, whether there should be a specific performance of an agreement to purchase land. He did not see why an action should not be brought in a superior court of common law or equity, to compel specific performance, and if that were not complete, why the complainant should not have damages for breach of contract. At present a party went into the equity courts, and it might be he could rot have specific performance because there was some difficulty ; after in finite delay, an action was brought in the Court of Queen's Bench, and he there tried to recover damages. But one investigation ought to have settled the whole question, and then one great step towards justice would have been done. If the vendor was not entitled he would be liable to damages ; if he pretended he had a title, and thereby caused loss to the purchaser, he would be undoubtedly liable to damages for breach of contract ; and one event ought to settle the matter. With regard to injunctions, why should not the courts of common law have the same powers as the equity courts ? Why not with respect to copyright Why not as to nuisances ? In all such cases he thought the equitable jurisdiction, as it was called, of the courts of common law would be useful. Formerly these courts of law and equity were entirely distinct, because the Court of Chancery assumed the power not only of dispensing law, but of making law. It was the legislature of the country. The Lord Chancellor decided of his own motion what was equitable against the common law. But those times were past, and now the courts of equity were governed by fixed rules just as were the courts of common law. Here then was another re-aso-i why the courts of common law should have the same powers as the courts of equity in all the cases which were brought before them. His noble and learned friend would look with great caution upon any pro posal for dealing with that topic. ljadoubtedly there were many cases brought before the common law courts for which juries were not fitted to decide--such as complicated matters of account ; and he trusted before long such cases would be referred at once to some legal functionary who would go over the papers and decide economically. But in actions for libel, or defamation by words, or for personal wrongs, and for commercial questions involving facts as well as law, trial by jury was the best tribunal that had ever been invented, and he hoped it would continue. For his own part, speaking from his experience as a judge, he thought juries were much more likely to arrive at a just conclusion upon conflicting evidence than all the 15 judges ; and he should lament the day when they were deprived of such assistance. (Hear.) The jury assisted the judge; and a judge without the assistance of a jury would in a very unsatisfactory manner dispose of mixed questions of mat ters of fact and law. (Hear, hear.) As to the law of divorce, he need not remind their lordships that a commis sion had been appointed some time ago, of which he had had the honour to be placed at the head. The commis sioners had been labouring most assiduously at grappling with the subject, and they soon came to a conclusion that the present mode of legislation in such cases was one very much to be regretted. On this subject they had come to an unanimous conclusion, and they should soon have the honour of presenting their report. Their labours had to a certain extent been interrupted by the Administration of the noble earl opposite (the Earl of Derby) because he had taken from the commission one of its most efficient mem bers—he meant the late Home Secretary (Mr. Walpole), who was a most admirable lawyer. (Hear.) That right hon. gentleman had been of great assistance in the early part of the labours of the commission. The course of events having restored him to the commission, he had attended its meetings, and the commissioners had greatly benefited by his assistance. (Hear, hear.) As to registration, he regretted that it met with the opposition of the noble and learned lord opposite, of whose abilities as a lawyer he had a most sincere admiration, and whose opinion was entitled to the greatest weight. His noble friend had correctly stated that when he (Lord Campbell) was Solicitor-General, Earl Grey had informed him that, in the then state of the public mind on the subject, it would not be expedient to bring forward any mea. sure for the registration of deeds. Public opinion had now, however, changed on the subject, and he believed that the noble and learned lord opposite was the solitary opponent in that house of such a measure. When the sub ject was brought forward by the real property commission ers in 1830, it met with very general opposition, and a large majority of the select committee appointed to consider the question were decidedly opposed to it • but, after having sat for about six wee k s , an a l mos t perfect unanimity pre vailed with reference to the desirableness of such a mea sure. He believed, also, that with the solitary exception of country solicitors, the whole country was favourable to the plan of registration. The noble earl had referred to the opinions of the landed interest on the subject. That interest, he presumed, was well represented in their lord ship's house, and a majority of those who constituted the select committee on "burdens on land" were even Protec tionists. (A laugh.) That committee, however, which was called upon to enter into the whole question of the burdens on land, reported that it found the most intolerable burden to be that of the expense of the transfer of real property, and the committee wisely thought that one mode of remov ing this burden would be by a system of registration. (Hear.) The noble and learned lord was quite correct in saying that registration would not in the first instance lessen the expense of the transfer of landed property. At present, however, every one knew that the greatest expense connected with the transfer of land arose from the necessity of ascertaining whether the vendor really possessed the interest in the estate which he professed to sell. After a plan of registration had been in operation for a few years there would be an end to this uncertainty and consequent expense. Registration of deeds was not to be considered as a final measure; It was, in fact, only the beginning of a new and improved system. He trusted that his noble and learned friend would employ his great learning, experience, and talent while he bad leisure—he could not tell how long that opportunity might be afforded him—(a laugh) —among other matters, to shortening the length of deeds, simplifying terms and forms of insurance, improving the forms of lease and re-lease, and many other things which he might mention, and amalgamate them all in one short and simple mode, by which land could be transferred from one person to another without great ex pense, and by doing all this he would confer additional lustre on his name.' (Cheers.) With respect to the work ing of a system of registration. he might say that it had been found to work well in Scotland ; it was employed in all our colonies ; and there certainly appeared no reason for supposing that it would not be found to work equally as well in England. With reference to the proposed digest of the statute law, the noble and learned lord on the woolsack had certainly an arduous task before him. No possible ob jection could be made to such a work; until, however, the whole was completed, no part should be allowed to come into operation ; and when it was entirely completed, and laid before the house, it would undoubtedly be a noble achieve ment. (Hear, hear.) There were great difficulties in the way.of carrying out the digest; he might allude for in stance to the law of treason, from the 25th Edward 111. down to the late Treason Felony Act. Again; any attempt to digest the laws relating to the election and confirmation of bishops would probably set the whole country in a blaze. (Laughter.) He concluded by wishing his noble and learned friend ample success in the noble career which he had marked out for himself. (Cheers.) The bill was then read a first time; SIR CHARLES WOOD AND THE FRENCH EXPIRE. The Marquis of CLANRICARDE, in accordance with the notice given by him on a previous occasion, rose to ask whether her 'Majesty's Government had any objection to lay upon the table copies of the communications between the British and French Governments respecting tho estab lishment of the French empire. The noble marquis stated that, had he been aware, when ho gave notice of his inten tion to put the question, that a notice of a question on the same subject had been given in the House of Commons, ho should have postponed his notice, in the hope that the ex planations which might be made in the other house would have been sufficient. Having taken that course, however, he felt it incumbent on him to ask for some explanation of the views of her Majesty's Government regarding the extraordi nary proceedings to which he then alluded—the speech lately made by his right hon. friend the President of the Board of Control. The question in his mind was, not whether an indi. vidnal Minister might have committed an indiscretion, or uttered hastily words or phrases without due reflection, but whether the Government of this country and the Go vernment of France continued to hold the same cordial amity and friendship which they had recently believed ex isted between them, and which friendship and cordiality he believed, in the present circumstances of the world, were the sures t guarantee of continued peace. (Cheers.) H nf e a di ny d. not wish Minister sh ua to attribute moretha te nwas necessary, impor::n ay, butthecerto it wa speech s utterly impossible to say that a speech of a Cabinet Minis ter was at any time without importance ; and, unfortun ately, the speech to which he had alluded had been circu lated throughout the whole of the kingdom, and had also been circulated, he regretted to say, abroad, and within his own knowledge he knew that great attention had been attracted to the speech in Paris. He thought that, impor tance having been given by the public to those expres sions, it was most desirable that the house should have an explanation from the Government of the terms upon which they wished to continue with the Go vernment of France. However unwilling they might i be to attach undue importance to the words of an in dividual, he could not for one subscribe to the doc trine which he had heard and seen advanced, that a Cabinet Minister, a confidential servant of the Crown, was THE SUN, LONDON, TUESDAY EVENING-, FEBRUARY 15, 1853. not bound to exercise more discretion in his language to the public than a person upon whom no such responsibility was placed—(hear). Indeed, he thought it was the very reverse, because upon many important occasions the views of the Government upon coming events had been given to the people of this country in the shape of addresses to electors. It was impossible for any man to deny that in former and even in later years, words dropped from the lips of Cabinet Ministers had exercised a most important effect upon public interests. No one could be conversant with the history of the late witr, its continuance, or partial cessation, without understanding that expressions published in France and in this country had had the greatest effect upon the continua tion of the war and the difficulty of its final settlement— (hear). Their lordships could not but remember that only last year, upon both sides of the house, great importance was attached by leading men to articles in the newspapers, and to phrases which were then said to have been most improper. He contended, however, that articles which appeared in the newspapers were entirely different from expressions ut tered with the responsibility of persons holding high posi tions in the Government of the country. It was impossible for any Government of this country ever to be held respon sible for what might arise in that free discussion which, thank God, they had ever been enabled to preserve—(hear, hear). He had no wish to repeat the particular words of the speech to which he had alluded, nor to inquire into the justice of the strictures which might or might not have been made. He wished, however, to know whether it was with the sanction of the Government that any strictures of the kind he had referred to had been made. If the Government were anxious to maintain the dignity, the honour, and the credit of their lordships' house, they must take care that their own honour and dignity were kept un sullied. It was necessary that they should be cautious and sincere in the professions which they held out to the world, and that they should take care not to wound the dignity, character, or feelings of those towards whom they professed feelings, of friendship and amity. (Hear, hear.) He be lieved that, so far as the personal feelings of the members of the Government were concerned, there was a desire to maintain feelings of amity towards the ruler and people of France. (Hear, hear.) It was with the confident hope of receiving an explanation of the opinions of the Government that he had then ventured to bring the subject under the notice of their lordships. With respect to the particular papers for the production of which he asked, he appre hended there could be no difficulty in laying them upon the table. He was of course entirely in the hands of the Go vernment with reference to the matter. But, as the noble earl who lately held the seals of the Foreign-office had in formed the house, early last December, that communica tions had been received from France with reference to the establishment of the French empire and that her Majesty had speedily and without difficulty recognised the em pire, he presumed those communications had been reduced to writing, either in the shape of notes between the two Governments, or recorded in dispatches to or from the British ambassador at Paris. If there were any reason why any part of those dispatches, or the whole of them, should not be produced, of course the noble earl at the head of the Government would decline to produce them. If, however, as he apprehended, those communications would be found to exhibit merely expressions upon both sides or cordial goodwill and good understanding, these could be no harm in their being produced. He trusted, however, that their lordships would receive an assurance from the Government that nothing had occurred since that period to lead to a cessation of that cordial and sincere alliance which the noble earl informed the house then existed. (Hear, hear.) The Earl of ABERDEEN, in reply to the noble marquis, said—l trust, my lords, that it is not necessary for me to give an assurance of the earnest desire entertained by her Majesty's Government to cultivate the most intimate rela tions of friendship and alliance with the French Govern ment, or to state our opinion that so long as the policy of France is a policy of peace and friendship, neither we, nor any other state, have any sort of right to interfere in the internal concerns of that country—(hear)--with their form of Government, or with the dynasty which the French peo ple may please to choose. (Hear.) lam happy, in answer to the question of the noble marquis, to assure your lordships that the beat possible understanding continues unbroken between the Governments of the two countries, nor is there anything which could appear in the least degree likely to endanger or diminish the cordiality of that good understanding, and I will venture to say that no person is more eager to maintain this good understanding in its full integrity than my right honourable friend to whose speech the noble marquis has just alluded. The noble marquis has neglected or omitted to describe the circumstances under which that speech was delivered. It was a speech made by the right hon. gentleman to his constituents, and with a freedom of expression which, perhaps, might have been employed inadvertantly, and in which he used terms which he would not have employed had he been addressing the House of Commons. lam sure the noble marquis will recollect the circumstances under which these expressions were used. The right honourable baronet was addressing his constituents, and arguing against the wish which would seem to have existed among some of them in favour of universal suffrage and vote by ballot. In doing so he pointed out—and had it not been for the freedom of expression which I dare say he regrets as much as I must regret it—an argu ment, which, whether good or bad, was still a perfectly legitimate one—that the existence of universal suffrage and vote by ballot had not prevented a state of things, and a state of law in France, especially as affecting the freedom of the press, which we should very much deprecate seeing established in this country. That is the substance of the statement of the right hon. baronet. In that I see not much to complain of, nor anything to which any man can possibly object. With respect to the spirit in which the right hon. baronet spoke, I am assured by him that he , " can state with the utmost sincerity that nothing could L be furtber from his intention than to use any word which could be considered as offensive to the Emperor, and re , grets that any expression should have fallen from him upon that occasion upon which such an interpretation could have been placed. (Hear.) Now, although I admit that the expressions are not so respectful as might have been used towards the sovereign of a friendly state, yet still the substance of the argument was such as I have stated, and which he was perfectly justified in using. The right hon. baronet having expressed his regret that any interpretation should have been placed upon expressions used inadver tently by him, upon such an occasion as that of addressing his constituents, I think the noble marquis will agree with me in the propriety of taking no further notice of the matter. The more important part of the address of the noble marquis was that in which he expressed an opinion that the effect of the speech to which he had alluded had been to throw some doubt upon the continuance of those amicable relations with France which he wishes to see continued, I hope I have upon that subject satisfied the noble marquis, and completely set his mind at rest ; and he may rest assured that nothing has occurred to interrupt in the least degree the friendly relations of the two coun tries. (Hear, hear.) With reference to the production of the correspondence on the recognition of the French Government, I think, although there might be some por tioas of that correspondence produced without objection, that it would be inconvenient to lay so much before the house as would be necessary to lead to a correct under standing of the subject. I think, therefore, that it will be more expedient for the noble marquis not to press further for the production of the papers in question. The Marquis of CLANRICARDE was understood to ex press his assent, and the subject dropped. Lord REDESDALE having brought up some reports on the subject of the standing orders, their lordships ad journed. HOUSE OF COMMONS-(YESTERDAY.) METROPOLITAN IMPROVEMENTS BILL-RE PAYMENTS_OUT OF THE CONSOLIDATED FUND. . . The house went into committee upon this bill. The CHANCELLOR of the EXCHEQUER said, that the resolution which he had to put into the Chairman's hands, explained the nature of the bill which he proposed to ask leave to introduce. The resolution was to this effect—" That the several sums of money which have been borrowed in pursuance of various acts of Parliament on the security of the land revenues of the Crown and certain other moneys charged upon the London-bridge Approaches Fund, for the purposev of metropolitan improvements, shall, with the interest thereon, be chargeable upon aud made payable out of the Consolidated Fund of Great Bri tain and Ireland." And his first duty was to express his regret, that, owing to an inadvertence, the nature of the resolution was not accurately explained by the entry which stood on the votes, for that entry was certainly suscep tible of the interpretation that it was intended to create a new charge on the London -bridge Approaches Fund in re gard to the coal dues levied. Now, there was no inten tion whatever to make any change, s light or serious, in the position of the Government in relation to the coal dues. The whole change proposed by this bill was purely a finan cial arrangement between one fund which formed part of the revenue of the country, and another resource of the country, namely, the Consolidated Fund, and the simple object of the bill was, by discharging certain sums of money out of the Consolidated Fund, which was at pre sent rich enough to do so, w ithout any inconvenience whatever, to escape from the payment of the interest to which the land revenues of the Crown had for some time been, and were now liable, in respect of considerable sums borrowed by private parties to enable metropolitan im provements to be executed, and which money was secured by assignment, under the name of the coal dues, on the London-bridge Appro ac h es Fund. He hoped that he had conveyed clearly to the house th e g eneral purpose of the bill, which would effect material economy with regard to the public expenditure, by avoiding the burden to which the public was subject by the continued payment of in terest ; and when the cla uses and details of the bill were before them he had not the least doubt that the house would be satisfied with its object. Mr. HI7ME expressed e that the effect of the bill would not be to bring anyadditional charge upon the Con solidated Fund. Mr. BLACKETT said that having presented a petition that day from his constituents (Newcastle -on-Tyne) on the subject of this bill, he might say that he was satisfied that the petitioners would be ready to acquiesce in this bill pro vided he received an assurance from the right hon. gentle man that it would not add a penny more of charge to the London-bridge Approaches Fund. The CHANCELLOR of the EXCHEQUER said that his anxiety was to let the house know that there would be no additional ' charge placed on the London -bridge Ap proaches Fund ; but n ow there was anotherr alarm raised on the part of his honourable friend (Mr. Hume) with regard to the Consolidated Fund. Now no new charge would be created upon the Consolidated Fund by this bill. On the contrary, it would in point of fact afford a real relief, and the deduction would go hereafter to ways and means, and so would swell the Consolidated Bland. Sir HENRY WILLOUGHBY asked whether any por tion of this charge would fall upon the land revenues ; and also what would be the precise amount required to be paid out of the Consolidated Fund to effect the propoied object ? The CHANCELLOR of the EXCHEQrevenue UER said that hap roposed to exonerate the land entirely from portion of this charge for the future. T he o p eration any would take time, because a portion wo uld be liquidated at once, and a portion would require a short notice. The honourable baronet asked what would be the precise amount. In answer to that, he said that the precise amount borrowed from the various parties was 895,000/., that the s um paid up to the presout date, for interest, and was about 14 putting these amounts to g ether,•the y 0,0001. obtained 1,035,000 1 . • but then there were deductions from that, partly from the sale of Crown rents, and partly on ac count of considerable sums which would be forthcoming from the produce of the coal dues, about 90,000/. LBO that the final to, be advanced out of, the Consolidated Xruucl pit present, or within the next few months, would come to about 940,0001. or 950,0001. The resolution was then agreed to and the house resumed. SHERIFFS' COURTS (SCOTLAND). The LORD ADVOCATE moved for leave to introduce a bill to facilitate procedure in the Sheriffs' Courts of Scot land, and observed that his predecessor in office had in tended to introduce a measure for the same object, but was prevented from doing so by the resignation of the late Government. He had, however, placed at his (the Lord Advocate's) disposal all the materials which he had col lected on the subject—an advantage of which he had to a considerable extent availed himself in the preparation of the present bill. He wished as briefly as possible to state to the house the object and scope of the measure. It would be a great mistake to suppose that the Sheriffs' Courts in Scotland were analogous in any material degree to the County Courts in England. Scotland was not, like England, now trying an experiment for the first time, for the administration of cheap and expeditious justice, through the medium of local tribunals. They had had Sheriffs' Courts in each county of Scotland for many cen turies ; and after the rebellion of 1745 those courts were placed on the footing upon which they still stood. A sheriff-depute, or acting sheriff, was appoin:,ed from the bar of Scotland for each court, with the power of appoint ing a substitute to act in the county. The jurisdiction of the sheriff was unlimited as to pecuniary amount—he was also a criminal judge, and a ministerial officer ; and, in fact, the functions and offi ce o f the sheriff in Scotland were necessarily bound up with the whole action and working of the legal and political machine. The system of Sheriffs' Courts was not unpopular in Scotland—he believed the reverse of that was the fact. Still abuses had crept in, and delay and expense were occasioned from three causes :—first, because the pleadings were not conducted orally, but were committed to writing ; secondly because the proofs or de positions must also be committed to writing ; and the house might easily judge what a fruitful source of expense and delay this would give rise to ; for sometimes these proofs extended over weeks, months, and even years, whereas the precoss of taking witnesses' evidence viva voce was a very different and much more expeditious process indeed ; and thirdly, because facilities were given and used for appealing on mere matters of form from the she riff-substitute to the sheriff principal. To remedy these ev il s h e proposed to deal first with the ordinary jurisdic tion of the sheriff in cases above 501. This category in cluded questions of injunctions, and of actions to be per formed or prohibited, which might not be capable of pe cuniary estimate, but they were often very important, and he was not prepared to assert that there should not be, in regard to this class of cases a more deliberate mode of judgment. He would next' deal with cases of between 121. and 501., and then with cases under 12/. ; but in re gard to them all he proposed was, to do away entirely with written argumentative pleadings and depositions. This was, no doubt, a considerable innovation upon the practice of Scotland, but he believed it was perfectly safe and practicable. He proposed, instead of written proofs and pleadings, that in all cases the sheriff who heard the case should take a note of the evidence, and that if the judg ment should be reviewed the review should proceed upon his notes ' • and wh enever a case was argued i t should be ar gued orally, and the sheriff in like manner should take a note of the argument and state his judgment, and the re view should proceed only upon his notes. He did not pro pose to int er f ere with the . office of sheriff principal, but he would Provide that in cases over 501, (looking at the importance which might attach to them), some form of oral pleading should take place before him. He proposed to introduce into the ordinary Sheriff's Court the same form of process which had been adopted in the Sessions Court under R atherfortPs Act. Then, with respect to cases be low 501., the question which arose was this—whether they should be treated on the same footing as cases above that amount, or whether the small debt jurisdiction (as it was called) should extend to them. He proposed to take a medium course, and, therefore, in regard to cases between 121. and 501., he provided that a short form of summons and of defence should be adopted, and that there should i he an i appeal allowed to the sheriff principal without written pleadings, in the manner before-stated. An appeal to the sheriff under this bill would not cost more than half-a crown. The real point to be aimed at in a measure of this kind was, not to sacrifice any one of the great elements of justice, soundness of decision, economy, and expedition to the attainment of the rest ; but to combine all three to gether, otherwise the machine would fail of its due end. He had a strong impression that many cases might occur between the limits of 121. and 501., with respect to which it was not at all desirable that they should do away with the safeguards now existing. In regard to cases below 121., he should leave the jurisdiction as it was at present, only allowing procurators to act in cases above 51. He did not propose to make any change with respect to the office of sheriff-substitute. The ground on which he thought that there was no reason for abolishing this office, and every reason for maintaining it, was the great advantage arising from the fact that under the present system the sheriffs were practising advocates, who were compelled to attend the supreme court while it was sitting, and that in every county you had a resident local administrator of the law, well competent, by his knowledge of its practice, to act in that capacity. He could not forgot that one of the weapons most easily blunted was that of legal change. When Sir Robert Peel was in office as Home Secretary, a rule was laid down that no man should be appointed sheriff who had h an er y ed local to si c n o ce nn t e h c a ti t o t n im wi e t the county, whi ch dhadinto been ad i othis biu a provision with respect to removals of tenants which he thought would do away with a very great anomaly now existing. He proposed that a stamped lease should be held as a sufficient warning on a summons of ejection. He did not propose at present to make any change with respect to a n a nd po. in si re ti g o ar n d to to sa s y he a riff ny s . the su b stitu salariestsubstitute hoef was t l s n h o e t r i a ff t thing, not having yet had an opportunity of commun i ca ti ng with the Government on the subject. H e t rus t e d th a t th e s p p r rin ese c n i r measure of which he had thus given an outline would in a great measure remove the evils at present felt, and thus confer a material boon on the people of Scotland. Mr. HUME thought part of the learned lord's statement would be received with great satisfaction—he meant that part which promised the removal of abuses, than which nothing could be more absurd ; but he doubted much whetter the people of Scotland would be content with a half measure like this, when they saw how much room there was for more important changes. He doubted very much whether the learned lord was right in making the distinction he proposed to establish between 121. and 501. cases. Simplification of process and lessening of costs should be the two great objects which the legislator should propose to himself. He was sorry that any defence of legal sinecures should be attempted at this time of day, and would counsel the Government to abolish the office of sheriff principal. Mr. C. BRUCE said the explanation of the Lord Advo cate had given him great satisfaction. He was quite of opinion that the useful and honourable office of sheriff principal should be maintained. Mr. CRAWFORD thought the amount of the sum in dis pute offered no ground at all for establishing any distinction in respect to the mode of trial. He should wish to see the whole system of the courts in question reduced to a simple method of oral examination, and also the appellate system abolished. It was his intention, had not the present bill been introduced, to have proposed the appointment of a committee to inquire into the subject, and he should still reserve to himself the right of bringing in a bill if he were not satisfied with this. After a few words from Mr. DUNCAN, leave was given to bring in the bill, EXAMINER OF THE COURT OF CAA NCERY. The SOLICITOR-GENERAL moved for leave to bring in a bill to make better provision for the execution of the office of Examiner in the High Court of Chancery. On this subject a measure had been passed in the preceding session, the framers of which inadvertently omitted to provide for t wo p o i n ts. One was, the inapplicability of the oath of office prescribed by the statute 50 C eo. 111. to the new functions devolving upon the examiner. The second was, that no qualifications were'specified as requisite in candidates for the situation, as length of service and standing, or the like. These omissions it was the object of the present billio re medy by provisions dixected to that purpose. Leave was then given. COAL DUES IN TAR METROPOLIS. Sir J. SHELLEY moved that a select committee be ap pointed to inquire into the operation of the laws under which dues or taxes are le v i e d on th e i n t ro d uc ti on o f coa l s i c n ol t l o ec t t h i e on and , metropolis a n d th e ne i gh b ourhood, the mode of the expenditure of such dues or taxes. He believed there was no opposition to his proposal on the part of her Majesty's Government. The CHANCELLOR of the EXCHEQUER observed that a question of vast magnitude was involved in the pro position. He understood the committee would have to go into the consideration of the whole acts of Parliament under which the dues in question were levied. Inasmuch as this was a close question, and the dues were mortgaged for the payment of moneys advanced on the credit of the various funds, he did not thi n k it a t all expedient that the committee should be appointed to consider the original prudence of engagements which were now to be dealt with, not according to their original prudence, but according to the public interest involved in them. Mr. HUME wished that the words of the moan should run " into the nature and operation " of the acts, which would give greater scope to its inquiries. Lord J. RUSSELL said, the honourable member for Westminster, having given notice of a particular motion, it evidently should not now be altered. He thought the word " operation " alone gave amply sufficient latitude, and that all points of real utility would be included under the motion as it now stood. Ou the part of the city of London, he had only to say that they were quite 'willing that inquiry should take place. The motion was then agreed to. On the motion of Mr. BAINES, Sir John Pakington was added to the committee on criminal and destitute children. . - The house then adjourned at twenty minutes past seven o'clock. ANSWERING AN INQUIRY. —The Baltimore A rgus re lates the following :—At the close of the performance at the Holyday-street Theatre, on Thursday night, a fa shionably-dressed stranger lit his cigar, and walked slowly along North Holiday-street towards his hotel in Old Town. While passing Hillen-street-bridge, he was encountered by a ruffian of the O'Bludgeon order, who inquired the time of night. "It has just struck eleven," said the stranger, blandly, without any signs of alarm. "Eleven, did you say 1" was the gruff rejoinder ; "as I don't believe it is so late, I'd like to see for myself ; so pull your watch out, quick. It looks as if it might be a good one from the big bunch of seals you've hanging to it." " Yes, it's a patent lever, extra jewelled," said the Southerner, pulling it and a long eight-barreled re volver forth at the same time. Resting the time-piece, still retained by the guard, on the barrels of the deadly weapon, he extended it towards Mr. O'Bludgeon, with a request to satisfy himself as to the precise hour. The ruffian appeared to be utterly bewildered at this prompt movement. A few inches from his nose was the glit tering golden lever ; but it rested on eight dark barrels, from which a slight click of the trigger would send as many leaden passengers for his life's blood. For a mo ment only did he remain in such a dangerous locality ; and with a quivering remark that "it was any hour the gentleman was pleased to say," he dashed up Hillen street, and was soon lost in the surrounding darkness. " DOING WELL AT THE DIGGINGS."—Ajthe weekly meeting of the Marylebone Board of Guardians on Fri ' day, Mr. Messer read a letter from Catherine Enright, one of twenty-five workhouse girls sent to Australia in 1849 by the parish, which, after praising their happy change, and thanking the guardians for it, thus con cluded :—" I need only add, that all the girls who came out with me are married—(a laugh)—and most of them got children. (Continued laughter.) I have got a little boy, (Increased laughter,) We are all doing well:: birb Ettitton, SUN OFFICE, Seven o'clock. WRECK OE THE VICTORIA STEAMER. (BY ELECTRIC TELEGRAPH.) ONE HUNDRED LIVES LOST. DUBLIN, TUESDAY MORNING. This morning early, the City of Dublin com pany's steamer Victoria was wrecked off Howth, forty-five persons saved. The captain and nearly one hundred drowned. IMPERIAL PARLIAMENT, HOUSE OF LORDS-(THIS EVENING.) The LORD CHANCELLOR took his seat on the woolsack at five o'clock. _ _ The Earl of WICKLOW presented a petition from a place in Donegal against opening the Crystal Palace on Sundays ; also, from the guardians of Rathdown, in Wicklow, against what they term a most " unjust and iniquitous tax"—the Consolidated Annuities. Lord CAMPBELL presented a petition from the Lord Provost and Town Council of Edinburgh, against the imposition of religious tests on the professors of Scotch universities. The Marquis of LANSDOWNE presented several petitions from Belfast, and other places, to a similar effect. Lord STANLEY of Alderley presented a petition from the London and North-Western Literary Society, praying for the distribution of Parliamentary papers. The Marquis of LANSDOWNE presented a similar petition from a place in Wiltshire. Lord WALDEGRAVE also presented a similar petition. Lord LYTTLETON laid on the table a bill to extend the practice of gratuitous vaccination. The bill was read a first time. CANADA CLERGY RESERVES. The Bishop of EXETER moved for copies of corres pondence between the Colonial-Office and the Legislature and Governor-General of Canada on the matter of clergy reserves in Canada. The learned prelate said he was aware that the Government were this evening about to introduce a bill on this subject into the other house, and he thought that, taking everything into consideration, it would have been better to have introduced it into this house first. The bill had, in fact, been brought forward without the colonists who were interested in it having the slightest opportunity of considering it. The late Government had set their faces against any measure of this sort at their first taking office, and the more they considered the subject, the stronger grew their opposi tion. From the names of those who formed the present Government, the colonists had every reason to believe their connections also would have been against this bill, and how great must have been their disappointment, when they found that almost one of their first measures was a bill of this sort. He for one should resist this bill to the last, as a grevious injustice to the colony. (LEFT SPEAKING.) HOUSE OF COMMONS—(THIS EVENING.) The SMARR took the chair at a few minutes to four o'clock. Several private bills were brought up, and read a first time. RAILWAY AMALGAMATION. Mr. CARDWELL moved that no railway bill or canal bill, containing any powers of amalgamation, lease, working arrangement, or other combination of interest, between different companies, be read a second time before the 14th day of March 'next, unless the parties interested elect to proceed with the same by striking out all clauses having reference to amalgamation or combination. He said the committee on railways had found that they had no alternative but to require that some limited delay should take place before these bills were read a second time, and they had fixed upon the 14th day of March as a period that would occasion the smal lest possible amount of inconvenience to the promoters of bills. In answer to a question, Mr. CARDWELL said the motion did not apply to bills simply introduced for making branches. Mr. J. M‘GREGOR expressed his entire concurrence with the motion of the right hon. gentleman. So ex tensive and complicated Were railway affairs, that nothing short of imperial legislation could put them on a satisfactory footing, either as regarded the proprietors or the public. He hoped the committee who had been entrusted by the house to inquire into railway legislation generally would be enabled to make some useful sugges tions on that important subject. PETITIONS. Mr. L. KING presented a petition from Reading, in favour of the transmission of Parliamentary papers to literary societies. The Marquis of BLANDFORI) presented several petitions from Ireland, against any interference with the rights of the Establiihed Church in the colonies. Mr. BLACKETT presented a petition from New castle, against the post-horse duty. Lord D. STUART presented a petition from the me tropolis, praying for the interference of the Government to obtain the liberation of Edward Murray. Mr. BRIGHT presented a petition from Wiltshire in favour of the ocean penny postage. Sir J. PECHELL presented a petition from the fre quenters of the Market at Arundel, Surrey, in favour of /30111 , 3 measure to greater accuracy in the returns of the average price of corn. Mr. G. TURNER presented a petition from Liver pool against the duty on soap. Mr. T. DUNCOMBE presented 200 petitions from letter-carriers throughout the country, complaining. of the order of the Postmaster-General'prohibiting their receiving Christmas boxes, and of the smallness and in adequacy of their salary, and praying for redress. Captain SCOBELL presented similar petitions. REAL PROPERTY AND PROBATE DUTY. Mr. WILLIAMS gave notice of a motion for this day fortnight, for rendering real property liable to the probate and legacy duties. ELECTION PETITIONS. Mr. L. KING gave notice that on an early day he would move the appointment of a select committee to inquire into the grounds for the withrawal of election petitions. (Hear, hear.) SEIZURE OF THE NOVELLO. Lord R. GROSVENOR gave nice that, on Thurs day, he would move the appointment of a select com mittee to inquire into the seizure of the ship Novello. LETTER CARRIERS. Mr. T. DUNCOMBE said that, on the 3d of March, he would call the attention of the house to the grievances of the letter-carriers, and move a resolution to the effect that their complaints of inadequate remuneration merited the serious consideration of the Government. Mr. COLLIER said that on Thursday, the let of March, he would move for a select committee to inquire whether the Ecclesiastical and Admiralty Courts might not be advantageously abolished, and their jurisdic tion in some cases transferred to other tribunals. PLACARDS AGAINST TEE MILITIA. . - Mr. HINDLEY gave notice that on a future day he would ask the Secretary of State for the Home Depart ment whether the Government intended to proceed with the prosecutions which had been commenced against cer tain parties for distributing placards in reference to the Militia Bill. WAR AT MONTENEGRO. Lord D. STUART gave notice of his intention to 'Alt a question to the Secretary of State for Foreign Affairs, in relation to the war at Montenegro. WAR IN BURMAH. Mr. HUME said he should ask the Government on Thursday, whether they would have any objection to lay on the table all the papers connected with the Bur mese war. SHIPPING RETURNS. On the motion of Mr. INGHAM, a return was or dered of the number and tonnage of vessels registered in different ports of the kingdom, on 31st December, 1852 ; also similar returns with regard to the colonies, &c. LAW OF SETTLEMENT. Mr. P. SCROPE wished to ask the Secretary of State for the Home Department, whether it was the in tention of the Government to introduce, in the course of the present session, any measure for the alteration or abolition of the Law of Settlement t Lord PALMERSTON said this question, as his hon. friend was well aware, was one of great difficulty and perplexity, and upon which numerous persons had en tertained very different opinions. It was besides one of great importance, and the attention of the Government would be anxiously directed to it, though at present he could not undertake to say whether any bill would be brought in this Session or not. INCOME TAX. Mr.ff t e h re e nc e e nn o st f ru o nt in nn ionhad arisen inwhich was to be placed upon what fell the other night from th e noble lord at the head of i the Foreign D e p ar t ment, il t U he M p E ubl s ic ai mindd the noble lord now to state to the h ouse upon the subject of the income-tax, and h e w i s h ed what were the real intentions of the Govern somea s t d n i ment upon that point. He wished to know whether they meant to postpone the income tax altogether, or to continue it as it now is without alteration, or, if with alteration, to what extent was it to be continued. (Hear, hear.) Lord JOHN RUSSELL was very glad to have the opportunity of stating what he really did say. It bad been erroneously supposed that be stated that it was the intention of the Government to postpone the renewal of the income-tax with alterations. What he did say was this, if the Government should introduce a re form bill in the course of the present session, it would be necessary to propose the continuance of the income tax without any alteration for a short period. But, not taking that course, I stated that the Chancellor of the Exch equer would be enabled, immediately after Easter, or at the expiration of the financial year, to state the intentions of the Govern ment with respect to the income; tax, and with respect to the budget of the year. He had only to add that until Ole Chancellor of the &chequer made that state .. ment it was not the intention of the Government to give any further explanation upon the subject. (Hear, and a laugh.) Mr. HUME gave notice that on Friday he should ask the noble lord whether the Government would have had any objection to renew the income tax committee, for the purpose of completing the information upon the subject, which some people thought was imperfect. TRANSFER OF REAL PROPERTY. Mr. H. DRUMMOND then rose, pursuant to notice, to move for leave to bring in a bill to facilitate the sale and purchase of land. At present, he said the mode of transferring real property was not only absurd but cumbersome and expensive. In dealing with this question the house should look back to the origin of the tenure of land. (Hear.) Formerly the possession of land involved the rendering of military service to the Crown, and no one could alienate his land except with the consent of the Crown, or to some person who was able to render the same military service as the original possessor. As time progressed, however, the possessors of land began to borrow money upon the security of the laud, but as it very often happened that the lender, not being in the position which the Crown required, very often went in fear of losing his money, as he could not take a transfer of the land. But the lawyers stepped in to overcome thisdifficulty, and they decided that though the lender could take the land from the borrower, yet by law he could prevent his having one blade of plass, or grain, or corn, and then arose the custom of w h a t was ca ll e d taking the issue crops. This system continued for a time, until the mode of transfering property in executing mortgages sank into its present defective state, and a few years ago, the subject havinggattracted the attention of Parliament, in accordance with a resolution of the House of Commons, the Crown appointed a Commission to investigate the whole matter. That Commission, as well as the House of Lords, repeated that the best mode of remedying the evils of existing sys tem, was Ito adopt a plan for the registration of title deeds, and what he asked the house to allow him to do was, to let him introduce a bill to form a registra tion of titles in accordance with the resolution of the House of Lords. He believed no body but the lawyers were opposed to the establishment of such a registry, and as it was only a revival of the system which prevailed in many counties centuries ago—while it had been all but ap proved of by both branches of the Legislature, he could hardly suppose that there would be any real oppo sition to the bringing in of this bill. (Hear, hear.) In consequence of Lord Campbell's Registration Bill providing for the registration of all kinds of deeds and instruments, no less than 14 indexes would have to be prepared. He did not pretend to criticise provisions drawn up by Lord Campbell, but he must be allowed to say that lawyers were not always the best persons to prepare the machinery for the working of an act. Some of the ablest lawyers, Lord Eldon among the num ber, were very stubborn in maintaining what was on the face of it absurd and nonsensical. It was much better to put a small portion of machinery into motion at first, and then to add to it or amend it as experience directed, than to try to bring into operation cumbrous and exten sive provisions all at once. The hon. member then briefly explained the nature of the existing law, and the alterations he intended to make, and concluded by ask ing leave to bring in a bill. Mr. HEADLAM cordially seconded the motion of the hon. member, believing that the improvement of the law concerning the sale and transfer of real estates was a great national object. It was incorrect to suppose that the registration of land would interfere with the control of persons over their property—they would be left precisely as they were, and would not be prevented entailing or mortga2ing their estates. The main object of the hon. member was to give a good and undoubted title to property, the individual in whose name it was registered having the sole right to dispose of it without regard to any settlements or deeds that might be in existence. He trusted that some measure based on the bill of the hon. member would soon become the law of the land. Mr. HUME did not think a permissive bill would be of such use as one affecting the whole property in the country. Bills of a permissive nature seldom, in his opinion, conferred any great amount of good. He readily admitted that the hon. member's bill contained some very excellent provisions. Of all the burdens upon land, the greatest was the delay and expense of trans ferring land, and it was astonishing that such abuses should have been allowed to exist in an intelligent country like this. (Hear.) The motion was then agreed to, and the bill was sub sequently brought in. CLERGY RESERVE FUND IN CANADA. Mr. F. PEEL moved for leave to bring in a bill to empower the Legislature of Canada to exercise control over the provisions at present regulating the arrange ment of the Clergy Reserve Fund in that provi▪ nce. The clergy reserves, he said, constituted a fund of no incon siderable magnitude—they took their origin as far back as 1791, when the province Canada was divi▪ ded into two parts, and when in place of the single Council which had formerly legislated for the whole province, there was substituted three representative legislatures— one for each province. (Hear, hear.) By the act known as " the Constitutional Act," which made that alteration in the constitution of Canada, it was provided that whenever any waste lands were dis posed of, one-seventh of their value should be reserved for the benefit of the Protestant clergy in Canada. In 1840 an act was passed which put an end to any further reservation of land for that purpose, but in the course of the 50 years that the former act had been in operation a great quantity of land had been reserved and sold, and at the present time the clergy re serves consisted in part in land and in invest ments in this country and Canada. The revenue derived from the fund were applied to the payment of stipends to ministers of different denominations. The fund, however, was not participated in by the va rious denominations in proportion to their relative numbers or strength. The Churches of England and Scotland derived by far the greater advantage. In Upper Canada the majority of the people did not belong to the Church of England, and the monopoly of that church created much jealousy and agitation. (Hear, hear.) (LEFT SPEAKING.) THE LONDON GAZETTE. (THIS EVENING.) BANKRUPTS. George Storey, draper, Whittlesea, Cambridgeshire, to surrender, Feb. 24, at half-past twelve, and March 24, at one, at the Court of Bankruptcy. Johnson, official assignee, Basinghall-street ; Jones, Sise-lane. Humphrey Grover, grocer, Ealing, Middlesex, Feb. 25, at half-past eleven, and April 1, at twelve, at the Court of Bankruptcy. Cannan, official assignee, Aldermanbury ; Johnson, Gray's Inn-lane. Jane tram; Spence, schoolmistress, Ladbrook-square, Notting-hill, Feb. 25 and April 1, at half-past twelve, at the Court of Bankruptcy. Whitmore, official assignee, Basinghall-street ; Vaughan, Porteous-road, Paddington green. Richard Stock Meeson, John Meeson, and Edward Meeson, coal merchants, Stratford, Essex, Feb. 25, at one, and April 1, at half past one, at th e Court of Bankruptcy. Cannan, official assignee, Ald.ermanbmy ; Hillcary, Fen church-street. MA.RI(RT INTELLIGENCE. (From, the London New Price Current of this day.) SUGAR.—To-day West India Sugar was much enquired after for home trade purposes, and the rates offered were fully equal to those of Friday for both refining and grocery sorts, but supply is still scanty. Operations amounted to 320 hhds, &c., including at auction 298 hhds 19 tierces Barbadoes which went with spirit—middling at an advance of 6d per cwt, and other sorts at full prices ; fine yellow realized 39s to 40s, middling to good. 37s to 38s 6d, and one lot low middling 36s 6d per cwt. The Sugar market closes under favourable auspices. REFINED.—To-day the home trade demand was active for Refined Sugar, and rates rule firm, brown lumps at 455, low to fine grocery 45s 6d to 48s per cwt. Of Crushed Sugar there are many export buyers at previous rates. MAIIRITIIIS.—A large business has been transacted, and in some cases the rates obtained rather exceeded those current previously. This afternoon there were ready buyers of Mauritius Sugar, and full prices were obtained ; brown and refining sorts meeting with the most attention. At auction 9,500 bags were sold, middling to fine broWn realised 32s to 34d 6d, low to good yellow 34s 6d to 36s 6d, fine 37s to 38s 6d, and refining 33s 6d to 37s per cwt. EAST INDIA.—Thin afternoon Bengal Sugar was in good demand, and at auction 6,906 bags were mostly sold at full rates, indeed grainy went gd p er cwt higher. Benares, good fine whitef realised 38s to 495, low to mid 36s 6d to 37s 6d, fine and good grainy yellow 38s to 40s. Penang i s required, and stiff rates are paid. At auction 1,270 bags found buyers, ord soft white at 36s to 36s 6d, fine brown 32s to 32s 6d, and low to fine yellow 32s 6d to 35s 6d. There was no public sale of Madrrs, but several parcels sold privately at Friday's valuations. FOREIGN.—To-day there were several buyers of floating cargoes of Foreign Sugar at former rates, but at which there are no sellers. Duty paid parcels met with a good demand privately at previous terms. COEFEE.—To-day there was no public sales of any sort of coffee, and the auctions advanced, are of little moment. In Plantation Ceylon a good deal was concluded privately, and the rates obtained are is to 2s per cwt above Friday ; sorts from 545 to 61s per cwt have been most in request. O perations since S a t ur d ay amount to 530 casks, a part having been taken by exporters. There is more activity in the m ar k e t f or native, and rates are firmer, a fair bun ness having been concluded by ivate treaty pr at 47s c 1 to 48s for g oo d or d , new import and rather old ' 46s 6d t 6 o 47s per cwt. Accounts from Ceylon state there is likely to be a decrease in the crop 25 per cent. Shipments from Ist October had been 44,594 cwt against 82,927 in same time last year. TEA..—There are now few buyers of low to good common Congou, supply keep on the increase, and there are sellers at 9id to 10.1 d per lb, Although a good demand exists for better sorts, yet rather blackish leaf to blackish leaf can easily be obtained at 10Ad to is, stronc , to Pekoe kinds is O t i to is 8d and superior is 9d to 2s 2d per lb. The currency is as follows :—Hyson ord is 1d to is 2d, mid ls 3d to is 4d, good ls 5d to ls 9d, fine ls 10d to 2s 6d, superior 2s 7d to 3s, young Hyson Canton 10.1 to ls, Hyson kind is 9d to is 10d, fine 2s 6d. to 2s 3d, Twankay 10d to is ld, Gnpowder Canton,lod to is Bd, Hyson kind is 2d to 2s 9d, fine 3s to 3s 6d, Imp Canton is to is 2d, Hyson sort is 3d to 2s 3d, Hyson skin 8d to ls. RICE. —There is a reluctance to operate in East India or all purposes, and the prices accepted are rather under those current previously, although stock shows a decrease of 4,000 tons compared with this time last year, and de liveries are large. INDIGO.—To-day during the progress of the sale 164 chts have been withdrawn. 1,019 thus (including 207 with drawn) have passed the sale. Of the quantity which has now passed the auction (6,326 chests), 650 have been with drawn, and 1,683 bought in, leaving 4,063 sold. SALTPETRE.—To-day the market for saltpetre presented a quint aspect, and at auction 1,148 bags Calcutta went rather lower ; 8i per cent. refraction selling at 22s 6d to 27s per cwt. COCHINEAL.—To-day rates were supported for coeld neat, still a reluctance is evinced to operate, Of 113 bags COUNTRY MARKETS. COLCHESTER--FEB. 12, 568; Prices to-day wer e a s follow :—Wheat, white, 46s to red, 38s to 50s ; barley, 28s to 36s ; oats, 18s to 248 ; Mazagan, 30s to 32s ; middle and small, 34s to 3 88 ; white, 40s to 42s ; grey, 30s to 325. CHELMSFORD—FEB. 11. Prices to-day were as follow :—Wheat, white, old Os °a to to 53s Od, new 39s to 56s ; red, old 37s to 48s, new 2 ,,,%. 44s ; barley, 25s to 278; chevalier, 30s to 368 • ' gri ntu r,tZ 21s to 27s ; malt, 55s to 568 ; chevalier, 55s to 58s ° „ L „ : 19s to 258 ; peas, partridge, 30a to 35s ; white, 32s to boiling 38s to 418 ; dun, new, 29s to 33s ; beans tick, to 34s ; Harrow ticks, 31s to ' 368 ; Mazagan, 29s to 325. The following is the official statement of the quan tit ' r u iel of corn, &c., received in the port of London from ther i „, in Essex, from the 7th to the 12th February, both clusve Colchester Harwich Leigh Malden__ 44 • ,h 6 - 90 370 - 803 - 640 - 173 94 - 1359 375 123 10 ET-FEB. 14. 80 31 7 0 ° 2015. I 33 close of the market : -" 0 . IV a 6 Haswell ....• 10 ................ . 6 Kepier Grange ...........9 Lambtou ................... 17 0 Pensher . .. ............ g Russell's ........ • 3 Stewart's .. . ................. 1 0 0 Heugh Hall ... .. . ............ 17 6 Kelloe .. . . ......... 17 s South 6 Cliwering Tees ............ 0 Pease's West ............. ju South Durham •........... 17 5 Tees ......... 9 15 Woodhouse ... C105e ... ....... . • 17 Cowpen .... . - •1 , 7 0 Ships at2larket ...... 155e i rw so e l n d twate - r • Hartlei D • 3 Sidney's Hartley ........ 106. SEABORNE MAILS. (N signifies that the mails are sent from the Goner..l by the night—and Mby the morning—dlopatch.] .--- " ---- -- en Day when made up e From what du nt COUNTRIES. in General Post- Port _, Engla nd :-. Office, London. Dispatch... .......„...---- --..._______________ ----- --------- America(byßrit.pack)N E very Friday .... Liverpool • ''' Each b oa. America (by United Sts. Packet) .... •.....N F e b. 24.... . LiverPoo- , ••• rob. 16 America (by U States ••• • • Feb. 26 packet) .... •• • • ..N Feb. 16 Sou thampton - - ampton) ..... .• ..M 4th of March .... Southall ) .. April Australia (via • South- •• ••••• • - 4 out t t :: _v r e e a b b • L: PO" Feb. 1 Ditto (via Marseilles) N Bth c .. 0.t) .... N N 22d of °f of Fe tl b i ru e "Y 11311' of March •• .. Dover .• .* Ditto (via cape of Good . p ., ro b 11 8 Af fi rica ope ( ) W • eet• month. Plymoti- Alexandria..........N 8,9, 24, &30of m. Dover • •Z. Alexandria .. .... ....M 4th & 20th of mon. Southam - ..to•11 Feb. Bahamas ...........M 2nd of th e month southanZton 1 .l °I 00, Belgium ............N Daily .... ........ Dover ..... B.: 1 1g Brazil P..... .. ......M 9th of the month.. Southampton Fe l 0 Buenos Ayres .... ....M 9th of the month.. Southampton Fe b r s 0 Cape of Good Hope ..N 14th of the month Plymouth .• „,f e ',',ll g i Cape of Good Hope ..N 2n. of Apri1...... Plymouth -.• . r ., 1 "„" - 26 Cape de Verde ......N 14th of the month . Plymouth .• r e '''' Ceylon (see India) 20 , Fob. Fi. Ceylon ...... ........N 14th of the month Plymouth • To... Channel Isles ........N Mon.,Wed ,&Frid. Southampton fib . 16 Chili—. .. .. .... .... 31 ad & 17th of month Southampton China (see India) Feb* ,ss 16 ' Constantinople.......N 7,8,17,21,&27 of m, Dover .... •. ~.. . cD ;i O Constantinople ......31 4th 3z 20th of mon Southampton Li cont. of Europe Ai & N Twice daily ...... Dover .• .. • . ''" Egypt (see India) .. Tili cel l - France .. .. M & N Twice daily— ... Dover ...• ~,, 1 Gibraltar ... ... .. -34 4,7, 17, 20, 27 of m. Southampton . 16 Greece (see India) ton Fe b ' SO Greytown ..........M 2nd & 17th of mon. Soutbamp- . ~,,e , Hamburgh ..........N Tuesday & Friday London .... ',."_,. e b '.,• Havannah ..........M 2nd of the month Southampton ` , E.',7 0. 111 1 " Holland ... Wednesday & Sat. London ..• • • Feb' 1 6 llonduras ....... M 17th of the month. Southampton k r. o v b 20 India ( viaSouthampt .) M 4th & 20th of mon. Southampton "lee l India (via Marseilles)M Bth&24th of month Dover ...• ••,ni lonian Isles (see India) Tl .lc orl. - Ireland .. .. ..11 & N Twice daily ... Holyhead •• • Fe b, 1 6 Lisbon ..............M 7,9, 17, &27 0 f m . S o uthampton Fe b ,16, 5 Madeira ............M 9th of the month Southampton gall ' Madeira ......... N 23rd of the month Plymouth • • '" Malta (see India) o b. I ` , Malta ..............N 7,17,19,27, 30 of m. Dover ...... Mauritius (see India 16 ) • reth pl oi. Mauritius ..........N 14th of the month Plymouth • • ~t of _, Mexico ............M Ind of the month.. Southampton ' F ' o ,of . Naples ........N sth tOth2sthof mon. Dover .. •• •• e ts c . r 'i r .rog New Granada .. .. ..M 2d & 17th of month Southampton , 0 New Zea1and .......... By private ship .. Various port ) ~,ts. , '' 1. Papal States ........N sth l sth2sthofmon. Dover ••• • • • eb Peninsula ..........M lthl 7th27thottnon Southampton • ,_ b• 1 6 , Peru ..............M Id & 17th of mon. Southampton r t ,'" eb , n Port Natal ..........N 14th of the month Plymouth • • rob. $ 1 ; Sicily ...... ••• • • ...N sthlsth2sth o t mon , Dover •• •• •• b. , 6 Tuscany ...... • .....N sth l sth2sth o f mon. Dover .. •• •• Fe b.' Venezuela ..........M 2d & 17th of month Southampton Van Die•nen's Land (see West Auslndies tralia) ........ M . .. , „, 1 6 2d & 17th of month Soutb 4 niptoo re1_...... 12d& 17th of month!SouthamPt°n moil 5 A TRIP ON THE PANAMA RAILWAY.--A da, „ t yn crowd of passe ngers l an d ed from the Sierra Nev a the crowded to th e railway cars, on the morning eary of October. Here was the owner of a CaliforluiThere mill, with his wife, sister, and six childre n-- c roo' learned jud ge . In other spots might be seen 9 ;llaiit of rou g h l um b er men from the pine forests 01 going t o see k t h e i r fortunes in thefar west; Ig e l f ,, or 1° tradesmen and merchants going to see frielludol attend some business in San Francisco ; brok e n " btl ° ,`' soldiers from the Mexican war going ttog,; ness at all ; an engineer with his old father, a s i lo 1, - ; narian, and large family ; a - party of English of gaged to work a silver mine in the mountains rrotyp, Sierra Nevada ; a young German with a clag, li n e t ool' e o of his lady-love, bound to the "diggings," `iberof m g fortune previous to his marriage ; with man? ° bornP - A l bustling to and fro on the platform under sun, and jostling each other most unceremonietTe ca r ! length all was ready, the whistle sounded, teludeep:4 started, and away we went, plunging each milinhose and deeper into the thick pestilential forest, vi 0. 1,0 vegetation rises from a black unwholesome In? ras o reeP.7 trees, whose age may be counted by centuries,,„stainl'i of every description, flowers of allhues, palms , P,. 1 1 ; tej and every kind of tropical plant, crowded here o ne another in the thickest confusion, and as they . w roatw die away, others spring up ; while the decar li gd sen ref l sends up a fever, which cleared off, by scores an ji.t l e the unhappy workmen of that fatal raikoad• he re noon our destination was reached, at the spot t g. „.... isi railway at present ends, on the banks of C or god where a littl e v ill age ha s risen up of five te,- te d called Barbacoas. The railroad from AsP in o f a ona bacoas is 25 miles in length, consisting line, and reached this point about two roori_wi d " ic o p about nine months more ft will have jo ro, ,0 along the banks of the Rio Charges)vo Ite ivords' Grande, to Panama.—Dickens's "Ilotiseho7- BIRTHS. 3o* OF A SON. , ~..ifou- P 1 On the 9th inst., at Wave r l e y-place, St. J o b - t Gor ci ? lv G. Harding. , On the 11th inst., at 1, U pper Gordon -6Ueo- square, there rs . H. Mahall. n ote , OF A DAUGHTER. ~,,,D a rit- °' On the M 11th inst., at Ch es t er •place, ITY"" the wife of Adrian de Bruyn, cl Es., stillborn. MARRIED. tai n i t ton, CAP SO° On the 10th inst., at St. Mary's, Broo 2 P" — 'lst P r 3 coif Wilson, a Hereford-square, formerly of the ~ jan e ? no tor Guards and 13th Light Dragoons, to Catheriostiul child of Captain John Cook, of the Borw. )0 ) ,- del 0 , and Middlesex Light Infantry. b, l I Y A . On the 12th inst, at St. James's-church, D m A . , gardens, J. B. Jordan, Es . gran d son of the 'Ate j'' Jacob Jordan, to Anne Mara, daughter of tuv Guitard, Esq. m ph r" ; ne : r i n _ o st f re:'' o# 3 't DI ED . vir inestlett O P ' a g ed notite E ll sci th , inst ,at Neasdon-house, ~,, iteY''' ' M lie ' late senior aged 64. . +. grof On the 12th inst., at 54, W- 311 . a6l w ife of William Ch a pman, Esq., age'''. wo / Of 0)0 LONDON : Pri n t e d an d P u blished by 31111 : 3 1fice, 1461 ,;t1 °f of No. 112, Strand Printer, at The Stanoll- Strand, in the Precinct of the S a voy. ,14 ? thCICII°I9 X. Tuesday Mows 1 5 • 066. at auction a small part only sold at 35 lld to4s 2d f( Honduras silvers. TALLOW.—Prices have rather deelined for Russian on the spot ; buyers in consequepco have been induced to ope• rate on a larger scale, and 43s 6d to 44s is the value of fine yellow candle, at which there is now a good demand. For delivery, however, operations are of little moment, and there are sellers for last three months of the year at 43s 6 4 per cwt. Home me lt e d i s c h e aper, and prime has beent" a selling at 43s 6d. cash, whilst supply exceeds dealers wad: Since Saturday th e d eman d f or tallow was mnch nu proved, and 44 s t o 44 s 6d is now the value for line yellow Russian on the spot. OILS.--Purchases in seal have been of little moment r since last week, and h o ld ers are i nc li n ed to 801 1 pale at 351105, other sorts 311 lOs to 35/ per ton. Cod ha s been purchased with relu c t ance , and 331 lOs to 3 41 ac ce p ted, whilst larger parcels are n offer. Southern is not much required, and low io fine quality can be obtained at 33/ 108 to 361. In sperm many purchases have been made at 8 6 / a to 861. Headmatter 861 to 871. Lard oil is higher , I ' ll 4 not offered under 645. Rape is much required , and brough t an advance, brown selling at 36s 6d to 37s refined 38s 0 8s to 38s 6d, foreign 39s to 395 6d. In consequence of a scanty stock of olive oil, holders are enabled to obtain for gallipoli 68/. to 701., and other sorts 651. to 671. per tun e. HOPS.—The market remains in a firm position, and chases have been satisfactory ; Mid and East Kent realises 96s to 170 s, Weald of Kent 90s to 112 s ; Sussex pockets 9 2 ,,5 . to llOs per cwt. Of choice and coloury hops few pre"' are on offer. COURSE OF EXC ANGE—T ms DAY• Amsterdam 11 17%; Ditto, three months .. 11 19 Rotterdam ...... 11 19U Antwerp .............. 25 32% Brussels 25 32% Ilamburgh ............ 13 7% Altona ................ -- Paris • • ................ 25 10 Ditto, three months .. 25 30 Marseilles.. • • .. • • ...... 25 32% Bourdeaux ............ Frankfort-on• Maine .... 120 Berlin .- .............. Vienna .. • • ............ 11 6 Trieste ................ 11 10 Pet ersburgh 3814 Madrid ................ , 504 Cadiz .................. 50% Barcelona • • .... • • • • • • . • Seville ................ Gibriltar •• •• •• •' ,Leghorn ..............30 Genoa ................25 MHan .. .. .. • • ...... " Venice •••• • • '• 41% Naples •••• • • 124% Palermo . •••••• • • '• 1244 diesslua •••••••• •• •" • 0 1 4 Lisbon ........ •• ••• • " 63% ' Oporto •••••••••• Rio Janeiro .... • • •• • • •• Buenos Ayres.... • • • • •• New York, 60 days' sight Philadelphia ...• •• • • ••... £3 PRICES OF BULLION , Pr'' , 9 Foreign Gold in BarsA n Portugal Gold Coin .• ' • 0 113( Mexican Dollars •• ° • 0 Silver in bars • • New Dollars ...... 0 e s x.• COAL MAR] Prices of Coal per ton at tl 8. d. 6 Bate's West Hart1ey......16 0 Longridge's W. Hartley 17 3 North Percy Hartley. _l6 6 Tanfield Moor Tanfield Moor Butes ..... 15 0 . Willington Hartley ...... 16 Wall's End, &c. Gosforth .....................17 0 Hart0n.....................17 0 Hebburn ....16 9 N orthumberland ......... 15 3 Riddell ..................... 17 0 Eden Main. ................. 17 6 Lambton Primrose ........ 17 6 8e1m0nt.............. . ...... 17 6 Braddyll.. ........ . ......... 17 C Hetton ..................... 18 3 .ror