The Sun.
London, England, 1852-02-14 00:00:00

THE SUN

any enactment which might be proposed to carry out that
view. He trusted that the Bill would not be sent down
to the other House without having the obnoxious clause

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, Feb. 13.
The LORD CHANCELLOR took his seat on the Wool-
sack at Five o'clock.
COUNTY COURTS EXTENSION.
Lord BEAUMONT presented a petition from the
solicitors of York praying for an extension of the County
Coarts Act.
IMPORTATION OF ARMS AND GUNPOWDER
INTO THE CAPE COLONY.
The Marl of MALMIISBURY moved for the re.
tarns of all arras and gunpowder imported into the
colony of the Cape of Good Hope, and for copies of all
ordinances of the Governor of the colony on the subject.
Since he had first mentioned this subject he had learned
that a considerable trade had been going on many years
in arms and gunpowder between the Cape colony and
the Years. To this trade he thought might be fairly
attributed the failure of her Majesty's arms in the war
with the Ke,firs. It appeared that the trade was carried
on through Natal and a port further north belonging
to the Portuguese. The Secretary of State for the Co-
lonies had first learned this from the report of Commis-
sary-General Miller, and the Noble Earl had imme-
diately dispatched a communication to the Governor,
which did him great credit. The Noble Earl was not
the only public man who was ignorant of the fact—he
was only one out of a hundred who did not know, and
though, as the head of the department, he was respon-
sible, the great blame must rest on his subordinate
officers for not acquainting him with the fact.
There was a law in the colony certainly
against this trading, bat it did not seem to have
ever been put in force. He would not trouble their
Lordships with quotations from the report which had
been laid on the table on the subject of the Kafir war ;
but it was quite evident that this trade had been going
on for many years, and that the Noble Earl had been
until very lately entirely ignorant of it ; he wished,
therefore, to know what means the Noble Earl proposed
to take to stop the trade. It was evident that the
steamer which the Noble Earl had mentioned as having
been sent to blockade the coast would not be sufficient
fur that purpose ,• an-1 he would suggest that, since
the slave trade had been to a great degree repressed,
some of the 16 vessels of the slave trade squadron should
be sent down for the purpose.
Earl GREY said it was a notorious fact that a trade
in gunpowder had for many years been carried on with
the Kafirs. It was no fault of the law, which was suffi-
ciently severe; and when the subject had been submitted
to the Executive Council in 1842, that Council had not
thought it either necessarry or posaibie to add to their
stringency, but attributed the whole difficulty of stopping
the traffic to the nature of the country and the scattered
population on the frontier. All the powder which had
reached the Kafirs was smuggled through our own ports
after it was larded there, and not before; and it was ut-
terly impossible to find any coast where smuggling
would be so impossible.—(dear.) He believed it was
necessary that every farmer on the frontier should be
supplied with powder tor himself and his servants, to be
used in their defence against men and beast. And when
that was the case, did the Noble Earl suppose it pos-
sidle that when an ox could be obtained in exchange for
a pound weight of gunpowder, which only cost Bd., that
the trade could be entirely put a stop to? Such a suppo-
sition would he moat puerile. The Noble /lain asked
whether means had been taken to guard the coasts.
Now, he had conversed with Commissary Miller on this
point, and that gentleman said he did not think that a
pound of gunpowder had got into the possessien of the
Kafirs which had not been land,cl openly at our own
ports. There had been some, no doubt, introduced
through the Portuguese settlement in Algoa Bay, but
not to any great extent ; and the main supply of the
Kafirs heel no doubt been obtained from Cape Town.
With regard to the facility of landing on the coast,
he was informed that there was no coast in the world
where it was so utterly impossible to carry en an illi-
cit trade. Mr. Miller bed tot ntioned one or two points
where a landing could be effected ; but there the diffi-
culty was so greet that a consitlersbe number ef
persons had lost their lives in attempting to land; and
he believed that except at one or two places it was im-
possible that gunpowder could be landed. On the west
ooaat there were only one or two places where vessels
could 'awl cargoes, and those must be small vessels,
whtch would take their cargoes from Cape Town, and
not vessels which would trade from Europe. He was
assured, however, that that was not the direction in
which the danger lay ; the real difficulty was to prevent
the powder which it was necessary to import into the
colony from finding its way into the hands of persons
who would sell it to the Ks6rs; and if their Lordships
would look at the ordinance lately passed on this subject
at the Cape, they would see that it was entirely directed
to that end. Orders had been issued, increasing the
severity with which restrictions would be applied to
that traffic, and which he hoped would be effectual. He
had no objection to the returns moved for, but sug-
gested an alteration in their form, applying to the quee-
nly of gunpowder and arms exported from this country
to the Cape. rather than the importation into that colony.
Lord MONTEAGLE thought there was no doubt
now as to the origin of the trade; it was clear that it had
its origin iu Cape Town, and was carried slung the fron-
tier, the powder being sold by British merchants for the
deatructioa of their fellow colonists. The moment they
allowed the traders i.o cross the frontier, it was impos-
sible to prevent a trade in that which would be a meet
profitable speculation. INF*jor Anderson and Sir George
Napier hart, in their evidence before the committee, ex-
pressed their opinion that, until a stop was put to those
itinerant traders in gunpowder, nothing effectual would
be done towards a ditcoetinuance of the trade.
After a tee, words fro in the Earl of MALMESBURY
in reply,
Earl GREY said that the collector of the customs at
Cape Town had informed him that almost every pound
of powder which passed into the colony went throweh
the Custom-house. He repeated that he had no objec-
tion to tee returns moved for as soon as they could be
obtained.
The Earl of ELLENBOROUGH thought the returns
sought for ought to be obtained at once.
Atter a few words from Earl GREY, the motion was
agreed to.
COUNTY COURTS EXTENSION BILL
Lord BROUGHAM, in moving the second reading
of this Bill, said he had introduced a similar Mil into
their Lordship' house last session. That Bill, after it
had passed the Upper House, had been sent down to the
H use of Commons, and the alterations which had
been there made were principally with regard to the
mode in which the objects of the Bill were to be carried
out, and were not of a substantial character. There
was, however, one material alteration which the House
of Commons bad introduced into the Bill, and that was
that they had re-inserted the 24th eleuse, which their
Lordships had struck out. Considerable difference of
opinion had existed in their Lordships' House with re •
spect to that clause, but eventually it had been struck
out. The effect of the clause was to repeal a pro-
vision in the County Courts Act, which pro-
hibited the counsel who practised in these courts
from
taking briefs from the suitors themselves, and
requiredo that they should be instructed by an at -
trn e3h He had suggested to their Lordships that pro-
bably, in the County Courts, the same practice prevailed
as in the superior courts, viz., that counsel were not in
the habit of taking
but from attorneys, from
briefs the clients themselves,
an optionushe
desirable thats. givenehaoldwenveerhhought that it was
and therefore
Bill. With
upon the matter,
was that he had inserted the particular
clause in the
there
was
no inflexible statute
respect to the superior courts,
statute law or common law which
prohibited counsel from ataking briefs from the clients
themselves, but they had
always been prevented from
doing so by a enxible usageor Custom which was called
the etiquette of the bar. In the
(taking no counsel took a brief in
courts, generally
sp
where
( in a cause unless he
had been instructed by an
ey—a practice which in
most cases ho (Lora Brougham)
approved of; but
he
thought that the same freeaom upon that point which
existed in the superior courtsmight
to the County Courts without be extended
any fear of its
being abused. His objection to passing aaw which
counsel from taking
would preven. a brief in
a
County
Court directly from a client was, that circumstances
might arise w hen the ordinary rule should be d eparted
from. The Bill which had passed the' ir Lordship& House
•upon this subject, and which had been
last sesstow
Commons, might
down to the House of appear from the
numbsr of amendments which that House had made to
have undergone considerable alteration.Hn That, however,
House had adheres ,
was not the case, for the other
The
the substantial portions of tl5O Bill.
.Noble Lord
ill be read a second t
coneluded by moving that the B
be
Lord CAMPBELL said he had always en a warm
friend to the County Courts. He considered that their
establishment had tended most materially to improve
the administration of justice in this country. He ap-
proved generally of the Bill which his Noble and Learned
Friend had brought in, and he would now come to the
important part of the Bill, namely, the clause to which
his Noble and Learned Friend had alluded. It had re-
ference to a subject upon which thehonour of bis
ho
(Lord Campbell's) profession materially depended, and
what was of far more importance, a pure anministra-
tion of justice. The distinction between the functions
and duties of an attorney and a barrister had prevailed
from time immemorial—a distinction which he thought
ought to be preserved. It had been instituted, by
the law, it was true, but by the usage of the profession
to which he had the honour to belong. When the County
Courts were established, it was felt that unless some po-
sitive enactment upon this subject were introduced great
abuses would arise. With regard to the superior courts
at Westminster, they were under such a system of dis-
cipline and superintendence, that the professional usage
upon the point could be upheld and enforced without
any legal enactment. It was foreseen, however, that in
the County Courts that superintendence could not exist,
and the nsgislature had cense quently thought it neces-
sary to a
pass law to the effect that a barrister should
not appear in a case in a County Court unless instructed
by an attorney. If the usage which prevailed upon this
matter were allowed to cease to exist, the difference be-
tween a harrist,tr
and an attorney would be done away
with. There
a class of barristers who were in the
habit of going about to public-houses and finding out
sources of litigation
h,i.n crder to stir up a desire amongst
the lower orders r
a brief. Suoh a clans t() leen so that they might obtain
g
degraded the order to which they
belonged, and the ilerio
ls ~t,iection
to the 24th clause inwhich h- entertainer'
a tendency to increase the
Noble and Learned Friend's
Bill was, that it would have
evil to which he referred.
the •t was highly necessart , fur
due administration
employ an attorney who shouldius tice, that a client should
that ceusee should be, as
the retain a barrister, and
hands of person., over whomytwheere now, placed in the
a jurisdiction, and if it were not so courts could exercise
likely to be defrsu'led. tie
objected suitors would be
to a practice
which existed in tae County ourts
acting as the advocate in a case egianot)t one
" attorney
If there were a necessity for a suitor to have-
an attorney
advocate
easweas an attorney let that advocate abarrister,
sal he (Lord Campbell) be would most willingly support

struck out.
Lord CRANWORTH said he did not rise to invite
any discussion upon the clauses of the Bill, but should
reserve his opinion upon them until it went into Com-
mittee. He would, however, say that his opinion upon
the 24th clause agreed with that of his Noble and
Learned Friend who had just sat down. He would
direct his observations to the whole purpose of the Bill.
It had two distinct objects; the first being to extend the
jurisdiction of the County Courts in certain common law
cases; and, secondly, to give them the power to carry
out the orders and decrees of the Court of Chancery,
and to discharge the functions now performed by
Masters in Chancery. He thought that both those ob-
jects were of a useful tendency; but, withlregard to that
part of the Bill which had reference to the Court of
Chancery, he would suggest to his Noble and Learned 1
Friend whether it would not be better to strike that
portion out of the present Bill, so that it might be made
the subject of a separate Bill hereafter if it should be-
come necessary. His reason for making the suggestion
was, that there was now a measure before the House of
Commons which, perhaps, besides dealing with the other
difficulties connected with the Court of Chancery, might
possibly contain provisions to carry out the object which
his Noble and Learned Friend sought to do by the Bill
now under discussion. It was therefore possible that
his Noble and Learned Friend's Bill, as it now stood,
might in some way come in collision with the Chancery
Reform Bill. He did not mean to oppose the second
reading of the Bill now before the House, but merely
threw out a suggestion to his Noble and Learned
Friend. If the Chancery Reform Bill did not touch the
question which the present Bill dealt with, then the
Noble and Learned Lord could introduce a separate Bill
to effect the object which he had in view.
Lord BROUGHA.q said the point to which his
Noble and Learned Friend bad drawn his attention had
certainly come under his consideration. It was possible
that the Chancery Reform Bill might contain some pro-
visions upon the subject which his Bill dealt as regarded
'he Court of Chancery. He believed, however, that the
Chancery Reform Bill would not directly deal with the
subject to which a part of his Btll had reference, via.,
conferring upon the County Courts the power f dis- I
charging the functions now Performed by Masters in
Chancery, and therefore he did not deem it desirable to
adopt the suggestion of his Noble and Learned Friend
who had last addressed their Lordships. The Chancery
Reform Bill was one which had been looked fur with
great anxiety, an anxiety in which he largely partici-
pated. With respect to the remarks which had fallen
from his Noble and Learned Friend (Lord Cempbeli)
upon the impropriety of barristers receiving briefs in any
courts except through an attorney, he would observe
that such a practice had often been adopted in toe
country courts of bankruptcy, and no evil had resulted
from it. He would not now enter into the question
whether it, was desirable t..) have an inflexible law upon
the subject. or a flexible usage. There were cases in
which the flexible usuage might protect a barrister from
the effects of n combination which attorneys might have
against him, if he did anything to excite their dispipa-
sure. He remembered a case in which a combination
tied been formed against a barrister by,the other branch
of the profession : that barrister was a Member of the
House of Commons, and the cause of the displeasure of
the attorneys was, that he hid felt it his duty to express
his opinion unreservedly in the House upon a matter
which affecteethem. The result was, that a prin.ed
circular was sent round to the profession calling upon
diem to forbear having any professional intercourse
with the offender. The meaning of that was that that
communication which usually took place between a bar-
rister and an attorney, which was in writing, not by
parol, and which was always accompanied by something
substantial, should be discontinued. The barrister to
whom he referred was in toe habit of practising in the
counties of Yoik and Lancaster, and had an inflexible
law existed compelling barristers to receive briefs from
attorneys only, he could not have defended himself
against that combination. He had done so, however,
by seeing the clients themselves tit his chambers, and
had dispensed with the intervention of an attorney.
He also know of combinations having existed against
barristers in various parts of the country with regard to
their taking briefs in the county marts. The attorneys
had resolve if they did so not to employ them oa the
circuit, in the Bankruptcy Court, or in any other court.
It was for these reasons that he thougt a barrister ought,
in every court, to have the option of 'taking a brief from
a client direct. It had been proposed to give the county
courts jurisdiction in matters of equity to the extent of
5001; bur, after much, consideration, it had not been
thought advisable to do so—an opinion in which ho
(Lord Brougham) concurred.
Lord CAMPBELL said that with regard to the illus-
trious individual, who was a barrister at the time when
the incident occurred, which his Noble and Learned
Friend had alluded to, it might be observed that he was
a gentleman of such talents and brilliant eloquence that
suitors flocked after him, and the combination of the
attorneys could not affect him. There wits, however, a
class of barristers who lived in the country and never
came to London, who bad not that nice sense of pro-
fessional honour which they ought to have, and there-
fore he thought that they should be restrained by an ex-
press enactment from taking briefs in the .county courts
from any one but an attorney.
The Bill was then read a second time.
THE PATENT LAW AMEN DMENT BILL.
Upon the motion of Lord BROUGHAM, Oda Bill was
read a first time.
Lord CAMPBELL observed that be leopod that his
Noble nod .L.elreed Friend had inserted clad, sea in the
Bill winch enabled a person to protect his pa tent from
being continued to be infringed, by means of an injunc-
tion.
Lord BROUGHAM said that he had done so.
MUNICIPAL CORPORATIONS ACTS AMEND-
MEN I' BILL.
Upon the motion of Lord CRANWORTH, this Bill
was read a third time and passed.
THE SECRETARY OF BANKRUPTS' OFFICE
ABOLITION BILL.

Lord CRANWOIIiff brought up the report of tho
Committee upon this Bid, which was received.
Their Lordships then adjourned.

HOUSE OF COMMONS, Feb. 13.
The SPEAKER took the Chair shortly before Four
o'clock.