The British Press; or, Morning Literary Advertiser.
London, England, 1820-07-18 00:00:00

MARRIAGE ACT AMENDMENT BILL.

Lord ELLennottuvott tooted the Order of the
D.'y fur the House going into a Committee on the
Marriage Act Amendment Bill.
The LORD CHANCELLOR left the Woolsack.
and said, if the clauses to which he had objected
were expunged, he should afford it his support.
Lord REDESDALE said, that if the Bill was to be
retrospective, no consideration should induce him
to support it, and their Lordships would consider
that in gisiug it that effect, the decisions of Courts
ofJuaticewhohud meted upon it would be reversed if
the Bill we►e parsed.
The Earl of Ltvgaroot. had as difficulty in
acknowledging that the law of orarriage wooled
alteration, and that in any alteration to take place
he should look to facilitating, rather than obstru^t-
ittg
; but he could not go the length of saying that
it ought to be retrospective ; he considered that
what was past should be left as it was. The law
might act hardly in some cases, but it could not
act unjustly.
Lord HOLLAND approved of going into a Com-
mittee, and thought the law as it now stood was as
had 84 it could he, and hoped the House would not
he content with leaving it at the worst.

Tile LORD CHANcELLoR objected strongly to
the clause which authorised the dissolution of mar-
riages where the I/4111111 had been irregular, as leading
to profligacy and corruption of morals. lie had
turned the subject in hi• mind, and wished a power
could be given to enable a Court to decide where
pasties had meant to conform to the laws, that such
marriage should be valid, but lie doubted if such
discretion could he granted to any Conn of Law.
The Ea►l of WESTMORLAND considered that no
title to property was ►ecure wider the existing law,
and hoped in the Committee to have the assistance
of the Nubie and Learned Lord in perfecting the
present measure.
The LORD CHANCFLI.OR said if the measure was
retrospective the Noble Lord must not expect his
assistannce• _

_
Lo►d HOLLAND said the 44th and 48th of the
lote King were retrospective nteasurea, and yet the
Noble and Learned Lord had given his assistance to
those measures.

After a few words from the LORD CHANCELLOR
the Bill was ruminated. and the Report ordered
to be taken into consideration on Wednesday next.
PENAL LAWS.

The Marquis of LANSDOWN rose to move the
Order of the Day for the third reading of the Pri- '
vately Stealing in Shops, the Capital Felonies
Repeal, and the Commutation of Punishment
Bills. He said he would not do their Lordships
the injustice to istuagine that they would desire to
retain any extreme degree of ity in the cri-
minal law, unless they were satisfied that some ad-
vantages resulted from it ; but if their Lordships
saw that fur a long time these laws had been
• dead letter, that they hail been an obstruction
to Courts of Justice, and a means of increasing
crime, by deterring persons from prosecuting, they
would feel that they could not too soon expunge
them from the Statute Book. The Privately Steal-
ing in Shops' Bill, to which he now particularly
adverted, had hardly been executed at all fur the last
*evenly years, on account of its extreme severity ; so
armed ageitist it were the feelings of Judges, pruse-
cuturs. and witnesses, that it was impossible toobtain
• conviction under it, even where it was desirable for
the end,' of justice that one should be had. To
phew how inoperative the law was, be would beg
leave to read to their Lordships a short statement
of the results, from which it appeared that from
1803 to 181$, there had been in all England 352
convictions and not one execution. In Loudon and
Middlesex there had been one execution in a cen-
tury. On the Northern Circuit, from 1730 down
to this time, there hail been one enecutiun only.
On the WesSret Circuit, during the last 50 years,
there had brew 55 convictions and no executions. In
Lancashire, from 1798 to 181 e, there had been nine

Lord RaDESDA LE opposed the 161:1.
The Marquis of LANSDOWN replied..
The LORD CHAw &LIAR, before the questio;)
was put. inured to add to the clause of repeal,
words, "as to goods under the value of 10/.”---Ai-
ter which stratigers were ordered to withdraw.
Ou our return, we understood the Bill was read
• third time and that no division hail taken place.
On our re-admission below the bir we found'
Lord Revestistc mi his legs opposing the clause
repealing the law against going disguised with
blacked facts.
The Marquis of LatistroWN said, the parties
were still subject to a line fur the first offence. and
transportation for the second.
Lord RsDestriLk said his objection war, that
as there would he no punishment for going was
blacked faces, persons intending to commit offences
would always go so disguised,
Tice Marquis of LANSDOWN said, a distinction
might still be preserved, supposing the Act mire
passed.
' Lord Het.r.seir said, if the Act were repealed,
the Noble and Learned Lord (Redesdate) might
folloW his sport in Whichewood forest, without
(i.e of meeting with blacked facet. He objected
that laws of this description were generally passed
on slight local grounds.
Lord ftEDESDA EN assured the Noble Lord he
never sported in Whichewood forest. The Noble
Lord repeated his objection, and thought, though
no instances of the °Wrote had lately occurred. that
if the Act was repealed it would be again heard
The Loan Oust:v.l.oe urged the WWII -
meta of the Bills till tu-morrow, and briefly stated
his objections. He agreed in the hardship of con-
sidering a Masi who should cut dawn a tree as sub.
jrct to the same punishment as an 'amino* offender;
but law, could not be shade for particular cases.
they must of necessity include all teases, end, some.
thing must be left for the exercise of sliscretion in
recommending to mercy. As to the offence or
breaking down land walls or entbstrilimeuts to
prevent the overflowing of land. looltittg -to this
great property of that description in bneoloslitae,
and that the crime could riot be committed eseept
wilfully and maliciously, to the repeal of.that tot
must also object.' It was proposed to take away the
capital part of the charge in she case of send.
mg threatening lettere, where money was not
demanded ; but se the happiness of private families
would be left exposed to the monolith, of wither, and
he could cousider few offences of a more sends
completion than that, he mu-a oppose dial also.
He objected also to the repeal of the Geo. 111.
cap. 40, tire assisufacturers of the North of E.ig-
laud having always, as he und-rstOod, cinsidered
that Act essential for their protection.
The Maiquis of LA NSDOWN consented to Or
off the further discussion till to-morrow, with th,
understaoding that it should take Friesland* of
other business. His Lordship thee moved fur
copies of the Report of the Committee or the Hons.-
of Commons, appointed in 1819, to inquire Mtn
the hews relative to capital punishments.
After which the House adjourned at 111 Quarter
past Nine o'Clock.