The Express.
London, England, 1851-04-01 00:00:00

IMPERIAL PARLIA'AENT.

HOUSE OF LORDS.--NIONDAT, liana( 31.
TIN Loan thaoseeettoii teoh hit vat at five o'clock.
III:SINESS IN CHANCERY.
Lord BROUGHAM moved for returns for the lase ten
lean of the number of cues wrier the Winding-up and
Railway Acts in Chancery.
Lord MONTEAGLE said the business could not be esti-
mated in a numerical point of view alone ; most of the castor
had emended to an enormous length. lie suggested some
addition to the return", which, having been agreed to,
they were ordered.
CHANCERY REFORM.
Lord LYNDIICROT said their lordships would have
perceived that a statement had been made by the noble
lord at the bead of the government with reference to • mea.
Iran for the purpose of regulating the duties of his noble
egad learned friend on the woolsack ; and no doubt they
knew also, from other sources, that a bill was about to be
introduced into that boo's with reference to the appellate
jeirieiliction of their lordships and the duties of his noble
Mid learned friend in that house. With due deference to
noble lords opposite it appeared to him a siugular and ex-
traordinary mode of proceeding that there should be two
Leo relating to the Court of Chancery and the judicial
Detainee. of that house, so closely and intimately connected m
as
they were with each other ; for it appeared to hi
Impossible fairly to discuss one branch of the question with-
ered having the other before them; and it was demonstrable
that 1.8 one bill wee to he introduced into the House of Oint-
mom and the other into their lordship,' house, that either
that or the other house would have to diaellat the subject
with only one of the measures before them. If his noble
Sad learned friend was to continue to he a substantive mem-
ber of the Court of Chancery-if his name as president of
that court was not to be a mere form (awl he should very
much regret that losing the caw), the extent of the duties.,
which he would be able to perform in that court must de-
pend in some measure on the extent of the duties of their
eigolishios' house, ond what he would be able o perform in
their lonl.hips.' house must also have referencet to the extent
of his dutiess in the Court of Chaneery. How, then, was it
possible fairly and perperly, to discuss the merits of this
measure, if one hill was to be introdneed into the
other homer of parliament, and the other into their
lordships' house. (Year, hear.) There was another poura-
ble ewe to which he would advert, and it was far (men
toeing an impossible ram. in the prisoent elate of the other
house of parliament; one of thew bills might he Iwo and
the other earrhal, and the consequence would be to throw
our courts. of judicature into a state of most inextricable
confusion. Sow, what were the reao.ne which lie had
beard minim a-A in favour of this singular course of pro-
ceeding ?It had he Said that the bill with reference to their
lerelshito appellate jurisdiction' could not originate in the
Bloom of Commons-it would he inconsistent with the
privilege. of their lordships to introduce it there. He
wonted to that proproition ur ite fullest terms ; but, unless.
be was very much misinformed, there war in this very bill
• clause with rlopeet to the appellate jurisdiction of their
1.4.114140, trenching upon that juriolictiou, and curtailing!
it is twist important particulars. But he would
pars that over for the present. Ile would ask
their lordship, then, why the whole measure Was not
late... Need into their lordship.' house ? -what vesa...n was
there lor this division of subject attended with the Meow
viaittacteind hazards wkichhe had fee:melte ? They could
have embraeol the whole subject, and he believed there
was not a single inetance with respect to a bill relating to
the judicature of the Court of Chancery which haul not
°intik ite.l in tin it lordships' house. 'there was not an as-
sembly in the world so calculated to perfect a measure of
that Lind as the assembly he then hail the honour to &A-
dm., (If whom did it consist ? Ili. noble and learned
intuit im the woobsook -experienced in law, and mortising
now in equity ; two noble biol., both of whom had for see
vital years held the °thee of Lord Chancellor, and one of
whom- his noble and learned friend Lord Brouatioa-
from the tooment of Ms retirement from office, and up to
the pr...nt time, had continued Assiduously to at-
tool to appeal. in their lordship,' hOltre--enenetinits sitting
with lb Lord Chancellor, and not unfrequently
Ultimo alone. In Altai to these noble and
learned persons, then! War hi* wade anil learned friend who
bad jog nit. it with ire and reputatiou from the
Ideatership of the Itolia an than whom no one
could be found more elowly and intim silly Acquainted with
the pr....tire of the Court of Chancery in all it bearing.. I
la addition to, there , he audit name his noble and learned '
Fro oa who had event', lesisime a member of their lord-'
ships' h0w..., and who, with the exception of the few yeurs,
during which he had dietinieui.heel himself as a common
law judge, had attended the whole of his life in the courts
of ispiity. Then there was. another noble owl honied lord,
lodditio a high, all 1.1111i11,11t '4.16111. hie alluded to his
o.ili- sail humid friend the Chief Justice of the Quien'e
Bunch. who for a few die. was a spots." of postulant
is ,Ise I fish et of Clianeery (loud laughter) -
sad had emu most constantly and perseveringly attended
the spinals in their lordships house. All of these noble
sad learned per-moos were emitieutly qualified fur the con.
aiderotion ..f aqueetion of this sort 'then there were other
persons in their lord.hiro' house areiestomol to judicial
and he would ads, again, under such eireurnetanree,
why, instead of allowing the hill to originate in th.ir lord-
ships' t0e..., ate... Ming to former precedent, this practice,
is the mowed inetonee, had le en deported from ? (How.)
But what hail bees the result of this determinatirm of the
ouvenonent 'l'bis 1.111 was promised divine the last us
lion of parliament. 'then there was the whole vacation te
emoisler and lotion. it, awl it wa. promioal aitain in her
Mj.sayo oeeesli leen the throne noovithstautling which
upward. of two mouths hot elapsd, mil only just on the
eye ..1 Easter they bad one intimation of what was lola the
same .4 ill. in. ,o ens. It wa. now...able that it could he
disclosed until alter the Laster rice., and the house
wool.' not, tie refine, Ile in .if the merits of the
hill until thee month. after the ominienrement of the ...se-
nora I bar. hear.) Ilrl the hid originated in their lord.
Woos' loose, it would hare been considered, matured,
perf. sled, snit have been sent down to the other house
of partonsent twforeihie period. Were it not that • parent
would look with eumplaceney even OA hi. rieketty offsprolit,
he shield h iv, supieo.el that the noble lord at the• head of
the govensonent would have thought it inomeieteat to put
the bill into the hush of his noble and learned friend on
the woolsack, • bill scoffs...l at by the whole prof...ohm, a
• purportine to add etreirittli to the Court of Chancery ;
instal of which. it impaired the ettiriency of that court, a
measure which it we 'aid
pe Would hove the effect of dimi-
nishing the apal. to their lortlehiry.' house, hut which
would have an evident tendency to augment them. (Hear.)
Look at this psoition of thine, *gentleman of great
ability and competency raircil to the esoition of Master
of the lion., and to sit with a common law judge
at his aide to decide appeals from men of great
learning, eeperienee, and foreeight in the proceedinge of the
Court ..1 ('hamety, arid what was the onocquence ? Outs
pose the derision of the court below to lie reversed by this
tribunal -did they imagine that the Party ninsiont whom
the ri,verral was prnonnevil, would arquicere in the judg-
ment ? Certainly out. There wool.' be an appeal to their
lord,tiip% hour.% and the consequence would be that the
intermediate appeal would be entirely Ile had
loud it ...MI that. for the purpose of obviating this manitist
isemoreliesiuse, there War to lx' a power. as to the appellate
tribunal, ta curtail the right of appeal to their lorilehips'
house to infringe upon their lord.hipe' high privikgee.
If that were so -and he hoped he hall teen misinennual on
the .utipset --his walk and learned friend would be able to
tell him if he hail been -what con.equence must follow ?
It would be this, that, as there would he two ultimate tri-
bunal*, sometimes their rhaisione would to' at variance one
with the other, and if so, ,m any subsequent oceaeion when
the mote roint anew the iineurceseful party would appeal
to that ultimate tribunal which hail decided the question
is his favour. (Hear.) Ile would pass this part of the
subj.-et us, r with thew obeervationt, but he hail been told
that there a• 10 another reassm why this Mearore haul teen
introduced into the other house of parliament it was a part
of this measure t,. tranefer, by a kind of sleight-of•hand
movement, all the cherish patronage of his nolo, and
learned fritiul on the woolawk from him into the lap of the
tlrst lord of the treasury, already sufficiently loaded with
patron.ute of this downption. Now, the noble lord ssLord
J. 1t0...e11) had been worsted of late in many encounters
with his opp.wlihts, and he now turned upon his friends,
and robbed one of his colleagues -
so :such 'ti. sale, through the ramp to ga,
Ant rub a sabrct than to spoil a foe.
(Cheer. and laughter.) The noble hod at the bead of the
government must take such a measure under his own pro-
tection- he could not ask hie noble and learned friend to
introduce and bob r it --he could nut call upon him to com-
mit such a suicidal act. (.. Hear, hear." and a Loth.) Ile
war sure. if the bill hail been introduced to their lordships'
house, it never, to that extent, would have received their
assent. (Loud cries of hear, hear.") And what were
the fearous anditind fur such a step Store flimsy and
fallacious mown. for a great political meaeure
never were presented to the public. (Rear, hear.) First, a
grave charge was poi:Tool ,ulainet those pereun. who had
held the high entice of lard t'hancellor. One of the reasons
assigned was. that the church patronage hail been applied
by the keeper, of the great .sal to parse purposes. ILu
denied the troth of that statement. (Ilear:hear,i Nothing
amok% he more eaered than the trii.t reposed in the Loot
Chancellor of distributing eceleeiaetical patronage. But he
would Ade their lordships one question : if they supposed
anythino of this kind dill exist in the dietribution of church
patmnage, was it lens likely to he dietributed from party
motive. in the hands of the First Lard of the Treasure than
in thee of the Keeper of the (treat seal ? (Loud corer. of
hear.") If once it got into the Treasury sortex
they all knew that the Secretary of the Treasure would
apply it fur party purpose. of a most objectiona-
ble character, with • view to constitnencies and
elections. (Hear, hear.) But another reason had been
assigned for this extraordinary measure. It was said
that his noble and learned friend on the woolsack
was oppressed with his heavy duties, and it was neces-
sary to Macy.• him of port of him burden. This, however.
could only he eonei4ered as • relief upon the principle that
it was the last feather which broke the back of the camel.
fur it was only 3 feather in the scale of the dutiew of the
toed Chanceilor. (Rear. hear.) Another reason had hero
alleged, almost too flimsy to he worth notice, namely, that
whereas the Lord Chancellor appointee! by his
mere fiat. the First Lord of the Treroure would
appoint directly from the crown. Why, did they not
know the manner in which the duty was performed, and
that it might be transacted by any clerk ? (Hear. hear.) A
short letter was written, stating that a vacancy had oc-
curred, sail it eras proposed to till it in such and such away
This was ap .uved of se • matter of course, ..ud it was a,
swam &bidet* tment ail if the First Lord of the Trea-
sury was awestroll d. But there was yet another reason
to whit* he must advert even at the risk of wearying their
lordship.. This alteration bad been receipts...ailed by a
ementittee of the Horace of Commons-a committee of
'Wham of the flint lord of she treasury hail in-

HOUSE OF COMMONS.—MONDAY, MARcn 31.
The took the chair at a quarter to four o'clock.
ALTERATION OF STANDING ORDER.
Mr. W. PATTEN, in pursuance of notice, moved that
the following be inserted, instead of the standing order
No. 128:--" That in every railway bill, by which it is pro-
posed to authorise the company to grant any preference or
priority in the payment of interest or dividends on any
shares or stock, there be inserted a clause, providing that
the granting of such preference or priority shall not pre-
judice or affect any preference or priority in the payment of
interest or dividend.* on any other shares or stock which shall
have been granted by the company, in pursuance of, or
which may have been confirmed by any previous act of par-
liament, or which may otherwise be lawfully subsisting,
unless the committee on the bill reports, that such altera-
tion ought to be allowed, with the reasons on which the
opinion is founded." The subject was one on which the
house had already expressed a very strong opinion. The
present standing order was in many cases of a very imprac-
ticable character. In some cases its operations were tai-
-1 tamount to a total denial of justice. There was a case in
point at present heron!. the house.
After some discussion the motion was =creed to.
ST. ALBANS ELECTION.
Mr. E. ELLICE, jun., appeared at the bar of the house
and stated, on behalf of the committee appointed to try the
validity of the St. Alberni election, that certain parties had
kept themselves, or allowed themselves to be kept, out of
the way, so that! they might not be served with the
Speaker's warrant to give evidence before the committee.
One of these parties had been particularly active in pea
misting the election of the sitting member. He (Mr.
Ellice) was instructed to apply to the house that the caw
mitt...• might have leave to adjourn till Thursday next, it
order that they might have further opportunity of serving I
the writs and prosecuting the inquiry.
Leave of adjournment was granted.
PUBLIC BUSINESS.
NEW WRIT.
On the motion of Mr. Emotes Mac/trent, a new writ
was Ordered for the borough of Enniskillen, vacant by the
resignation of the Hon. IL A. Cole.
THE BALI.OT.
Mr. 11. BERKELEY gave notice that he would on an
early day after Easter ask the permission of the house to
bring in a hill to give protection to the voter by the adop-
tion of the Ibillot. (Cheers.
MORTALITY IN ItUsH UNION WORKHOUSE.
Mr. REYNOLDS gave notice that to-morrow he would
ask the Chief Secretary of State for Ireland a question con-
eerning the morta
lity
R in
Sthe
EXPE NS Rush Union Workhouse.
AIH ES
Mr REYNOLDS gave notice that to-morrow he would
ask the Chief Commissioner of the Pour-law Board if there
were any clause in the Oct the the relief of the destitute to
enable vestries to expend the pour rates otherwise than in
the relief of the poor.
WINDOW TAX,
Viwount DUNCAN begged to postpone his motion for
the repeal of the window tar, which was on the paper fur
to-morrow, until Tuesday, the Bth of April.
PETITIONS.—concrs OF CHANCERY AND
EXC 11 EQUEIt (I REL AN D).
Sir T. O'BRIEN moved foe a return of all petitions
lightest in the Courts of Chancery and Exchequer, Ireland
(under and by virtue of I & 2 Vie., c. 1119, " An act to abo-
Isah composition. for tithes in Ireland, and to substitute
rent charier. in lieu thereof"), for the appointment of re-
redeem for the recovery of arrears of tithe rent charges,
specifying for what amount of tithe rent charge some were
presented napectivelr; also, the parish and county in re-
sleet of which said tithe rent charge accrued ; also specify-
ing, in each caw, if receiver appointed, his name : also, the
name of the solicitor and attorney to each petition, and
order thereon respectively, for ten years, ending in 1840.
I'RECEDENCE GIVEN
BISHOPTO RS.OMAN CATHOLIC
A
Lord J. MANNERS had a question to uk the noble lord
at the head of the government. In the year 18-17 Earl
Grey and the Lord Lieutenant of Ireland hail issued certain
instructions, whereby precedence was given to all Itoman
catholic archbishops over all sulframuis of the colonial and
Irish churches ; and this, not by the will or desire of the
Pope, but by virtue of their nomination to the office by the
Pope. lie (Lord J. Manners) coked whether these instruc-
tions were still in force ; and if so, whether there were any
intention on the part of the noble lord to recap or modify
them ?
Lent J. RUSSELL—The instructions referred to by the
noble lord (Lord J. Menaces) are still in force, and there
does not at present exist any intention of altering them.
(Ilene, hear.)
TIIP. RAJAH BROOKE—BORNEO.
Sir E. N. Br XTON asked whether it was the intention
of Mr. Ilunte to bring on his motion to-morrow regarding
the proceedings on the west coast of Borneo ?
Mr. Ill: ME said it was his intention to bring the motion
on to-morrow. unless then were valid objections to it on
the part of the government. lii. motion would be for an ad-
dee.. for a royal commission to inquire interne proceedings on
the west must of llonnso involving the conduct of the Rajah
Brooke. The proceitalinirs referred to were those which took
pine nn the list of July, 1849, when don Dyaks were mas-
sacred. Subsequently 'Mr. Hume, at the request of the
government, postponed this motion until the arrival of the
Rajah Ilruoke in England.
TILE KAFFIIt WAR.
Lord J. RUSSELL poitionell until Thursday (10th
April) his motion for a select eumnsituie to inquire into the re-
lations between this country and the Kaffir and other tribes
on our Sonth African frontier. (Hear, hear.)
Mr. 111331 E uuderstood the noble lord (Lord J. Russell)
had putpinsed his motion on the subject of the Kadin. lie
(Mr. Hume) begged to ask whether any measure had been
taken to forward a government them ? At present he be-
lieved there was no constitutional government, and that a
military despotism was the sole governing power. The
matter was one of great importance, fur every shilling ex-
penthal came from the pockets of the people of England.
Mr. HAW dlrs was understood to reply that certain resig-
nations had taken place connected with the government of
the colony. Fur that, however, the governor was not re-
and the government was still in full force.
LORD JOHN RUSSELL'S NEW REFORM BILL.
Mr. 11. BERKELEY begged to ask the noble lord the
member for the City of London (Lord John Russell),
whether, in his (the noble lord's) new plan of electoral
reform, he intended to introduce the ballot (Laughter.)
lord J. Itt'SSELL.—The hon. member must encase me
from answering the question now. (Renewed laughter.)
THE INCOME TAX (IRELAND).
Mr. COItBALLY wished to know if the hon. member
for Marylebune (Sir B. 1141) intended to persist in his mo-
tion for exteuiting the income tax to Ireland, and when it
would be brought on ?
Sir B. lIALL replied that if the income tax were re-
newed as regards Great Britain, it was his (Sir IL Hall's)
Mullikin to move that the tax should be extended to Ire-
land. The time of bringing on the motion must of comae
depend on the proceedings of the Chancellor of the Exam-
quer, and on whether the house decided that the tax SS
income should he renewed.
THE DEANERY OF MANCHESTER.
Mr. M.OIBSON wished to ask the noble lord at theirs&
of the government (Lord J. Russell) a question in referents
to the Deanery of Manchester. Ile hail to ask whether,
when Dr. Bower was appointed Dean of Mancheater, there
had been an understanding of the duties which might be
imposed on future holders of the office ?
Lard J. Itt'SSELL said that when the present Dean of
Mantlirnter had been appointed, he (Lord J. Russell) hart '
Warmed hint that he would be expected to conform to
whets,. r new arrangements might be made; and he (Lord
S. Russell) holiest and trusted that the dean (Dr. Bower)
would not object to any ;conciliatory arrangement. He
(Lord J. Russell) had not. however, at the time made any
arrangement which would be binding on Dr. Bower.
THE STAMP DUTY ON MONTHLY PUBLICA-
TIONS.
Mr. SCIIOLEFIELD begged to ask the Chancellor of
the Exchequer whether in the practice of the Bard of In-
land Revenue all monthly publleations containing news
are heist liable to the payment of the stamp duty ; also what
Is the rause of the delay in the prosecution of the suit
against the publication of an unttamped newspaper, edited
by Mr. Charles Dickens, and called The Household A-orne-
rier of Current Errata ?
TheCHANCELLOR of the EXCHEQUER, who was
felt ditinetly heard. was understood to reply that the ques-
tke at to whether any publications were liable to stamp
duty w matter of law, awl one on whirls he declined to
give, A . cinders. The dailies prosecuting the suit against
The Itort.etudd Aitrratire of Current Events had arisen,
be believed, in emsequenee of some disagreement between
the solicitor and the authorities of the Inland Revenue
Odes, upon certain points.
Mr. SCHOLEFIELD thought the right hon. member