The Express.
London, England, 1852-02-10 00:00:00

IMPERIAL
-PARLIAMENT.
HOUSE OF LORDS.—MONDAY, Fu. 9.
Their lordship, met at Eve o'clock.
PETITION PRESENTED.
Lord CAMPBEL,L presented • petition frees the haw
theme of Ealing. praying for the enfranchisement of espy.
bold tenures.
%AMERY AT ELECTIONS.
Lord lIIIVJOH AM said he believed that Use best way to
extirpate bt ibery would be to make every member of parlia-
ment make • declaration that he bad not, by himself or by
any Meet, given or premised any money or other valuable
tares, or any influence or interference. to procure any plate
OT pension or matter of value to the voter, and that he was
ecitirely ignorant of Lay such gift or promise having been
bade by any person on his behalf, and that he entirely dis-
believed that anything of the sort had been done ; and that
he weak; hind hims. If on no account to pay, directly or in-
directly, anything, or to perform any promise which might
have hem matte hy no) person on hi. behalf. If this were
done, he did not think any man would make the declara-
tion who believed in his conscience that he could not do so

honestly.
The Marquis of LANSDOWNE admitted that no effec-
tual remedy had yet been discovered to check the offence of
bribery at vlvetioul. The subject was one which, be assured
the noble lord, had occupied the attention of the govern-
ment, and he had every reason to believe that • notice had
been given that night in the other house of parliament with
reference to it. (Meer.)
Lord lIROU 0 RANI was extremely glad to hear the an.
announcement.
THE EAST INDIA COMPANY.
The Earl of ELLENDOROULIII, at the request .t the
Mergers of Lansdowne, consented to defer until next Must-
day the motion of which he had given linnet,, with reference
to the E ist India Company, the President of the Dosed of
Control nut bring in town.
THE STATE OF IRELAND.
The Earl of RODEN gave notice that he would, to-mor-
row, put a question to the government with reference to
the melenehely state of the disturbed districts in the north
of Ireland. If the answer which he might receive should
prove unsatisfactory. he shield feel it his duty to bring the
mate of the. port ut the emeatry ardor their lordships' con-
eiderstiow

nx.voßm OF THE COMMON LAW.
The teeltD CHANCELIAHt wished to move the second
reading of the COMMAS Law Procedure Bill. This was one
of the bilk which hail been mentioned in her Majesty's
apee,eh, and was fowled on the reeemmeuelation of the com-
auwireeen, who bad well considered the reforms which
✓alets; be nor...lured into the prooedure of the common law.
Trine lordships were, doubtlem, aware of the distinctions
which stewed between that branch of the law by which
eigtes were determined, and that branch which regulated
the course of procedure by which these rights were Me-
caretnt fer litigation. The present bill belonged to the lat-
ter ler inch of toe law, and it was addressed te remedy those
.detects and ellleieneies which were generally and with jus-
tiee coring oiled of. The present system of procedure ori-
giaand in 'emote penes& It was now inappropriate to,
and euconsisemt with the changes of. the time in which we
lived, and rt produced consequences precisely the oppo-
site of thee. which it. original framers intended. Origi-
nally, them was no such thing as written pleading in former
times, but a system of oral pleading then canted. When a
party breneht an action he came into court and stated his
ease, and then the defendant', counsel either made an ob-
jection is point of form, or deputed the ease upon its
merits. The objection if it were merely one of form,
was derided instantly, and if the decision went against
the platidiff, application to amend was made imme-
diately, and after each amendment was made the defend-
ant was celled Irma to answer the ease upon its merits.
When the defendant had pleaded to the action and the
objectiou of the plaiatill's counsel to that plea, if any were
made, bad been taken down by an officer of the court, the
pleadings were put in a proper shape, and the haw which
the jury had to decide upon when the da of trial game was
arranged. In later times, when the legal heisnr had so in-
creased, it was found impossible soy loaner to have a form
ca end pleading. The declaration accordingly was prepared
in writina, mut the defendant had time given him to an-
swer the allegations which it contained. It had
frequently happened that when the objections to • deche
ration were of a INTO formal nature, that those
objections weru not argued and determined upon fur six
or twelve months after the declaration had been died.
That was oue of the great objections to the prevent system
of procedure, for it frequently happened that • mere
frivolous objection would cane. considerable delay. The
ebeervetion with regard to the delay applied equally to
the ulterior proceedings which were taken in • cause.
Their lorddiipe would perceive how differently mere for-
mal objections were dealt with in times pest to what
they were st present. In very early times all cases were
tried in Westminster Hall, but in the reign of Henry I. •
statute was pawed by which • circuit took place onee a
year at in the reign of Edward ill, the statute
was passe-el which had reference to the sittings
at Nisi Priem, and the attires were directed to
be held twice • year by that statute. Still, in form, the
ease was apparently tried in Westminster, because the jury
who belonged to the county in which the action was to be
tried wen• summoned as if to attend in Westminster Hall;
but they did nut attend, and were only actually summoned
when the judo went the circuit. In the year 1846 there
had been 146.000 writs issued ; 2 per cent of the whole
were tried, 5 per cent. went as fir as the deelaraties, sad 7
per cent. never reached even that stage ' • so that la weld'
of the Pots in which writs were issued the diorite wee set-
the! before the time arrived for entering an appeorance te
a declaration. The vast majority of CAM fa Tait& writs
were issued were for undisputed debts. The present bill
sought to diminish the expense ocmaseted with the
tether Mtge of a ewes. The present bill travelled
through every stage of the snit._ It powded that when •
writ was issued it shusheademiC white emisesemeet
should state how mush was claimed he the debt sad hew
much for costae thereby giving the diefeadeat nodes he an
early part of the what was the ameteat dr pay-
ment of which he bud to to. If the delbadant did
not appear to the Mira t was to be Wised upon
the writ without dee espouse of • declaration, or den la.
terfirestory jedgmeat, or a dual judgment, according to the
nature of the sown. B the present state of thine the
declaration gave •its se material inkemeeksee nod
its abolition in them emir wield be no lam bug pea
helical. The prone MN ten did away with Wltalld She
jections, which their hoddipe were aware were set ammestaill
In any way with Mr material points in the case. Them
were aamrraaa oar otieetions, celled apeelid asu
which maimed of althetioas taken at as osiellwmegliA
the ear. There we • statute whisk Wbum piped
requipsi diet Mohninal ebould sioloi
the farm ofaystialderivemr be begtmgionlo Oen
any deranner whisk appal to the Noel media et dram.
sueprow pyres grid domunao remoluel he=
tbe pew Whet lbw were =dee
were also slam mope in teer did int hem
W nitwit • agedoi dmeellrajwhieb might est be
aotieed until the &hoard older moved in must of
meat or for a writ of ewer, ad la this. awe be emus rep
elm whole proceedings at the time when theipleistiF
that he should get juries dons he., Mr peumerV
would allow no writ of ewer within the abiestion woe
in early stage of the 01111011. It we set to be lot
• billed this extent could be framed to me to he lies dl
*bp thong. The motive aka hitraimden we to mow
much of that odium which belowed in the
of the proceedure at MMUS hew, and he
go far to secure that
Lord LYNDHU draw remenoble mamma
object to the bill being meg • eimend time. la be
'Quid not understand why sib sin* ureidoiey of dr •
county courts could sot be applied to the esprier monte of
0301010111 law in ordinary eama, whore the prier Judges
email decide them.
, After • few weeds from Lord BaorostAte,
The LORD CHANCELLOR said be we set aware of
the coarse of proeeediag in the malty courts after the &-
dainties had been Mei, hat he was certain that any re-
esamesdatiese er which might fall hum the
feeble and learned I Lynethunt) would be received
with newt and consideration by the public.
FOREIGN REFUGEES IN ENGLAND.
Eari ORAN VILLE, in answer to Lord Strangford, stated
that Lord Palmerstoa had sent no reply to the remosatismees
of eeetein foreign poems' to the political reforms weidiry
in this country ; but be believed had that noble toed rce.
mained in o 1 iets he would have given a similar reply es
that which he (Earl Granville) had forwarded.
THE CHARITABLE TRUSTS BILL AND VTR
PATENT LAW AMENDMENT.
Lied LYNDHURST said he wished to call the attendee
of the here to the sate of the banner which was now
before it. In the House of Commons there were seven or
eight important bills, wheels no doubt would become law
during the present session ; whilst, with the 'emptiest of the
bill relation to the amendment of the patent law, which
had been read a second time that evening, there was not a
single bill before the hoese. He begged su oak, therefore,
whether his noble and learned friend on the woolsack could
not introduce the Charitable Trusts Bill, and some noble
lord on the ether side of the house the Patent Lew
Am. ailment Bill, into their lordships' house, to prevent
further lose of time?
The LORD CHANCELLOR said the Patent Law
Amendment Hill bad been prepared with great care, and
no time would be lost in forwarding the bill. The Charitable
Trusts Bill had pawed that house last seines, and had been
fully iLicumed both upstairs and down, and it vim therefore
deemed expedient to introduce it in the other house of par-
liament this amnion.
After a few words from Lord 814017011 AN,
The Earl of ELLENBOROUGH said their lordships'
strength was Is dealing with measures which ante up front
the other boom ; and he tiNtlirblt their lordships would best
consult their lotemets by enhabs to the old practice.
Earl ORET mild net sins the noble earl. Thera
was 119 doubt that the peogier of poring important ma •
smug woo mash pater whoa dry we eimmeneed la the
other home etpatilettent red frie that mum be mush
regretted Met • bill totretWesk By the sale awl opposite,
which premed through their lemildps' home. bad met with
se little favour in the other beer of podiameat. He
thought, bewaver, they would some is, the week of 120-
lades tarried se without *kw. wall mew arronemest
coeld be hit spas by white mamma which bed been tea.
eitered is one asset.. to We Whor berme of t
could Iv takes ap in the wt r irk • bowie.
pow hew.) Be Wheel Oisre bad hins a inebeleal
elgestio• he the bill whisk bed bees poegined by dr noble
omA}j bet he did set ing that dry amid sof adept, by
mom entiehelmy toed* et dialing, in
trabillpult yaw, WWI meolunte whisk bed beet in
lerree amdme Mkt the morihondou et indkireet.
Plow
ibziewis
noir aril se s garlic puss f eft" ad-