The Sun.
London, England, 1852-06-29 00:00:00

IMPERIAL PAR

ROUSE OF LORD
PATENT LAW AM'
Lord COLCHESTER movec
amendments to this Bill be agree.
Earl GRANVILLE thought th
better had the amendments of th_
eluded.
Lord BROUGHAM considered the Dill was a great
improvement on the old patent laws. Ho was not dis-
poeed to recommend their Lordships to disagree on the
subject of these amendments, end by so doing endanger
the Bill for this session.
Lord CAMPBELL was understood to concur in the
view taken by the Noble and Learned Lord.
Earl GREY thought their Lordships, even at the risk
of rejecting the Bill, ought not to concur in the arnerel-
meats, because they would interfere with the rights of
those colonies in which there were representative assem-
blies, who had power to grant patents--u power now
proposed to be superseded by the authority of the
Crown. On this question he had so strong an opinion
that he should more their Loedships do not agree to the
amendments of the 18th clau;e.
The LORD CHANCELLOR observed that the
Crown already had the power of granting patents to the
colonies.
Earl GREY replied, if the Crown had that power—
which wes doubtful—the Crown had practically waived it.
The amendment was withdrawn on the gallery being
about to be cleared for a division.
The amendments of the Commons were agreed to.
NEW ZEALAND GOVERNMENT BILL.

The Earl of DESAR f moved the third reading of the
New Zealand Government Bill.
After a few words from Earl WALDEGRATE and the
Earl of DESART,
The Bill was read a third time, and passed.
The Nisi Prins Bill went through Committee.
SUITORS IN CHANCERY RELIEF BILL.
The LORD CHANCELLOR moved the third read-
ing of the Suitors in Chancery Relief Bill, with the
amendments.
Lord LYNDHURST begged to call the attention of
the House to a matter personal to himself in connection
with this Bill. On a former night, when the House was
in Committee on this Bill, something WE3 supposed to
have fallen from him which inflicted considerable pain,
as he was informed, upon a Learned Judge who sat
in the other Rouse of Parliament, for whom he
(Lord Lyndhurst) entertained the most sincere re-
spect. He had not th I acquaintance of that
Learned Judge, nes
eacupied his present persona
had be spoken to him since he
had practised before him (Lord Lyndhurst) when he
(Lord Lyndhurst) held the Great Seals, and he Lad con-
stantability, and his courteous bearing.
office; but that learned person
reason to admire his leernin, eloquence, his
ng' d
He (Lord ynd-
hurst) considered him, in short, eye v wayworthy of
his distinguished parent when at ther-ba d he had
every reason to believe that he had mei -an
spending high character since he had been raised to the
bench. Nothing, therefore, was further f d
a rnm his (Lor
Lyndhurst's) intention than to make
that might be painful to that Learned Jundygeobservation
The matter in question arose out of a disjoneted(ear.)
discus-
sion on the Bill before the House, which, as the
Com-
mittee sat until a late hour that night, their Lordetismight easily suppose was not very accurately reported.
In fact, ho (Lord Lyndhurst) was suppose& to have
made some observations on the Master of the Rolls.
when, in truth, ho had not said a word upon that sub-
ject, the matter being entirely foreign to him. The facts
of the case were shortly these:—lle (Lord Lyndhurst)
had stated them before a very thin House, but their
Lordships would permit him to state them again. The
Bill in question was founded upon the report of a Select
Committee. The Master of the Rolls was a member of
that Committee. That Committee recommended, in
the strongest terms, the abolition of the office of the
orders in course; but, thinking it might be proper to
except some orders, it proposed to transfer them to
the register in Chancery. The object, however, was to
abolish that office. Sir S. Roniilly then held the office
of Solicitor-General; since then he had been raised—
very properly raised—to the office of Master of the
Bells. When the Bill before the House was brought in,
his (Lord Lyndhurst's) attention had been directed to
the circumstance that no attention was paid in it to this
recommendation of the Committee. Nothing, in fact,
was said of the obvious intention of the report. Some
gentlemen of great respectability, members of a society
for the improvement of the law—the Metropolitan and
Provincial Law Association—bad accordingly petitioned
their Lordships on the subject, and they had requested
him to introduce their petition to the House. So far
from there being any provision for the abolition of the
office in question in the Bill, or the adoption of the re-
commendation of the Committee in the manner in which
it was worded, at the very time the Bill was under eon-
sideratioa—in November last, the Master of the Rolls,
upon the appointment becoming vacant, appointed to it
a very young man, an articled clerk to an attorney in
the City, who had not completed his articles. That was
made matter of complaint, and he (Lord Lyndhurst) was
requested to bring the subject before their Lordships.
He thought it his duty to do so, and he did not refuse.
He had asked for some explanation of the circum-
stances, but he had received none. He had called
the attention of his Noble and Learned Friend on the
woolsack to the fact. Was he wrong, therefore, in
pressing the question? And be asked the House
whether they did not believe that if the Master of
the Rolls was in his situation, he would not have
considered it his duty to follow the same course
as he (Lord Lyndhurst) had done on that occasion?
If the matter bad been referred to a Select Committee,
which, as his Noble and Learned Friend on the wool-
sack justly stated, could not be in consequence of the
lateness of the session, the subject could be easily ex-
plained. But there had been no explanation until that
moment, and he (Lord Lyndhurst) contended, therefore,
that he only did his duty in calling the attention of their
Lordships to the subject. "A. Committee had been, as he
said, appointed—the learned person in question was a
member of that Committee—the report of that Com-
mittee recommended a certain coarse with regard to a
certain office in the court of which this learned person
Was the head a short time after. Bat in the Bill
brought in ostensibly for the purpose of carrying out
that report—in fact, purporting to be founded on it,
there was not the slightest reference to the remarkable
recommendation in question. As far as he (Lord
Lyndhurst) could collect from what passed on the sub-
ject in the other House of Parliament, the learned
person in question had had nothing to do with the pre-
paration of the Bill. He (Lord Lyndhurst) was, how-
ever, while in ignorance of that fact, bound to assume
that, being a member of the Committee, and the
Bill relating to the courts of equity, of which he
was one of the judges, this learned person bad
taken part in the discussion of the measure, and
had been advised of its contsets.—(Hear, hear.)
He (Lord Lyndhurst) trusted, therefore, that
when in the next session of Parliament he should move
for the abolition of the effice in question, he should have
the support of that Learned Judge in the other House.
The office of the woolsack had been cut down with an
unsparing hand; that of the Master of the Rolls had
been entirely spared. He asked his Noble and Learned
arned
Friend if that was not true? There was not
office held under the Master of the Rolls which had beea single
touched in the Bill. When he (Lord Lyndhurst) n
men-
tioned these circumstances he had only
which he believed to be strictly true,stated facts
therefore, his duty to state them. This considered it,
per-
son, in reference to the office underlearned
ported to have stated that the office notice, was id
by salary, not by fees that the f Was now Pa..
to the office were put an end to, and
formerly Viol
1,0001. a-year given instead. 02 and s 10127
but where did this sa-
lary come from? It came out
Fund. So that it was actually of the Suitors' Fee
of the fees
of suitors in the Courtof a paid 05t office
ellen If tee
was abolished, in a„, rY
ce - the recom-
mendations of the Co • rdance with „
Inmates) of which
that Learned
person was a Member, that a-year would be
saved to the publi l,OOOl.
0. There was another point
which he (Lord Lyndhurst) bad adverted to. He had
stated that one clerk •
oh. nee ry had 2001. a-year
salary, while two el
i-e thedfice of the Master of
. It appear
the Rolls had 300/
ed• however, that 3001.
was given to the M he Rata, and that only one
Master t
clerk was appointed with salary. But there was a
provision in the B'llw t which the Master of the Rolls
would beby
an office into two clerkships
enabled to divide
of 1501. a year ach. He (Lord Lyndhurst) regretted
that in the sergeblivg discussion which had taken place
on the
Bill thatl this was not sufficiently pointsd out!
He had said
enough, he trusted, to satisfy their Lord-
shiPs that he was sully justified in stating what he had
stated. It was his duty to press the subject on the at-
tention of the Committee on that occasion, end he had
Performed it. He hoped, however, that the explanation
would be satisfactory to the Learned
st he had given
Judge in question, and he begged to say that he would
feel the greatest regret if what he stated then or subse-
quently
any pain to that Learned person.
gavee to the Bill, h
With respect e wished to put
the n
House n its guard against all measures
; 0. up from the other House at that late period of
the session,
coming as well as age;nst all alterations made in
Bills in their last stage. In the Bill before the House, for
instance, a certain amount on retirement was given to
officers of the Court of Chancery; and there was a pro-
vision
Parliament should not be effected, which was perfectly
Just. That proviso was, however, struck out on the re-
port or the third reading in the other House; and, con-
sequently, had the Bill been passed in that condition,
those retirements which under the Act of Parliament
would equal two-thirds of the salary of the individuals
after 20 years' service, wouid have been reduced to half
that amount. The difficulty was that it was a money
clause. Sooner, however, than do such en act of in-
justice to individuals, he (Lord Lyndhurst) would have
voted against the Bill, but fortunately the defect had
been remedied by a machinery which he should not at-
tempt to describe, cud the proviso restored. Under these
circumstances he should vote for the measure, and he
hoped it would receive the sanction of their Lordships.
Lord BROUGHAM had not the least doubt of the
facts es stated by his Noble and Learned Friend, and he
fully conctered in all that had fallen from him respect-
ing the high character of the Master of the Rolls. He
(Lord Brougham) regretted the absence of his Noble
and Learned Friend (Lord Truro) who would have been
able to explain the pros!,ions of the Bill; especially with
respect to the power of appoint'ng two clerks vested in
the office of the Master of the Rolls.
Lord LYNDHURST had informed the late Lord
Chancellor that he had intended to make this statement.
From the information be had received respecting the
office of the orders of course, he was satisfied if it were
abolished one clerk would be sufficient.
The Bill was then read a third time and passed.
COMMONS ENCLOSURE ACTS EXTENSION.
On the motion of the Eerl of LONSDALE, the Com-
mons Enclosure Acts Extension Bill was read a third
time and passed.

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TURNFIK ACTS CONTINUANCE.

the motion of the Earl of LONSDALE this Bill
• iea3 a third time end passed.
POOR-LAW BOARD CONTINUANCE, &c.
Peor-law Board Continuance Bill, the Inland Re-
°ffie'33 Bill, and the Saving' Banks (Ireland) Bill
, severally, on tee motion of the Earl of LONS-
ee \ LE, reed a Can.(' time and passed.
JUR,ISDIC HON IN EQUITY.
The Commons' amendments to the Improvement of
the Jurisdiction in Equity Bill and to the Masters in
Chancery Abolition Bill were then considered.
The LORD CHANCELLOR said the latter Bill
would never answer until the clerks were in immediate
communication with the judges. In the other Bill the
House of Commons had inserted a clause which he
strongly objected to—namely, that taking away the
power from judges in equity of sending a case to the
courts of common law. It would add greatly to the ex-
eense of suits in Chancery. Still he should not oppose
the amendments. Notwithstanding the statements that
had been made in the other House—statements the most
unfounded—he was hound to say that there never was
a measure more maturely considered than the present
one. He bad the advice and assistance of four equity
judges in framing this Bill, every clause and word of
which was duly considered and discussed. In that state
it went down to the House of Commons. He found no fault
with those who made alterations in the measure, as re-
gards their power and disposition, bat he could not
avoid expressing his regret that this had been made a
party measure. He had performed all he had under-
taken. He undertook honestly to carry out the report
of the Commission. He had not done so servilely—he
was not bound to carry out every part of the proposi-
tions made by them; but he adopted the sense and
meaning of them. No one was disposed to give the
Commissioners more credit than he had done; but still
it should be recollected that their report was not law•
Although . great respect was due to those persons for
their conduct in this business, and the gratitude of tiae
.
country for the attention they had given to the subject;t,
yet their recommendations were not to be carried out
precisely. The alterations made in the Bill were, how-
ever, not of such importance as to call upon them to
re-
ject them. He would therefore move that the amen-
meats of the Commons be agreed to.
Lord LYNDHURST said he should bear. his testi-
mony to the powerful assistance given by. his Noble
and Learned Friend to these improvements in the law.
He had brought to this question that great activity of
mind and legal skill which had always characterized
him. He congratulated his NNobly
this garneuat and
dned
important Friend
m upon the accopeshment of
measure. When his Noble and Learned Friend came
into office, there was a large arrear of business, which,
with the exception of one or two cases, was now corn
pletely disposed of, through the extraordinary exertion
and ability of the Noble and Learned Lord. —(Hear.)
Lord CRANWOIrfI thought that there were one or
two of the propositions of the Commissioners objection-
able. There was an alteration made in the Bill which
he thought an unfortunate one—namely, the withdrawal
from the Court of Cnaneery cf the power of sending
certain cases to 3 court of law for their decision upon a
point of law. This power having been taken from the
Court would necessarily create much more difficulty and
expense in determining questions of law arising out of
Chancery proceedings. There was, however, so much
excellence in the two measures, that he thought that
they would not be justified in risking their safety by ob-
jecting to the Commons' amendments.
Lard CAMPBELL thought it would be expedient to
endeavour to restore the main Bill to what it was when
it left that House—he meant with respect to the power
of sending cases to a court of common law. He spoke
most disinterested'y upon the subject, because he was
Urging the adoption of a course that would considerably
increase his labours. He had come experience of a
court of equity, and he knew the importance of retain•
iug this power. In a court of equity these cases would
be attended with considerable expense and delay, for
they would be argued by several counsel on each side,
instead of one. if they were to be sent to a court of law.
Lord 13ROUGHAM thought it was a very unfortu-
nate atteraiion indeed the taking away of this power of
sending down cases to a court of common law. lie did
not think it would be wise to adopt this amendment of
the Commons. He was of opinion that these measures
would confer invaluable benefits upon the jurisprudence
of the country. He did not think any measures sanc-
tioned by the Legislature would bear comparison in point
of importance with those of which they were then speak-
ing. He begged to offer his thanks to the Noble and
Learned Lord on the Woolsack for his exertions in the
promotion of these legal reforms. It was impossible
to name the Commissioners without expressing their
deep sense of gratitude for the zeal and ability they
evinced upon these questions. The latei Government
also deserved praise for the steps they had taken
to give effect to their reports. His Noble and
Learned Friend on the Woolsack had applied himself
again to a full consideration of the subject, and had
given them the benefit of his long experience, great
learning, and distinguished talents. He was now per-
forming a superfluous task of general commendation,
which was not likely to meet with the approbation of
those inside or outside of that House who were devoted
adherents to one particular party; but it was a satisfac-
tion which those alone could enjoy who were not under
the trammels of any party—a satisfaction which aßeman
historian describes as au occasional felieity—rard tem-
porum felicitate—of in feet enjoying the satistaction of
thinking as they pleased and speaking as they felt,
After a few words from the LORD CHANCELLOR.
The Commons' amendmente,with the exception of one,
were agreed to,
The report upon the Metropolitan Water Supply Bill
was brought up and agreed to.
The Thames Embankment Bill was read a third time
and passed.
METROPOLITAN BURIALS BEIM.
The Earl of HARD NICKE, in moving that their
Lordships go into Committte upon this Bill, said that it
was rendered necessary from the circumstance of the
former measure becoming inoperat;ve. It was found ne-
cessary to abandon the former Bill because the Board of
Health were unable to borrow the amount of money that
was revised, inasmuch as they were not in a position to
give sufficient security for the same. The inhabitants of
the metropolis were not, in teen compelled by that mea-
sure to bury their dead in the proposed cemeteries. The
present Bill was totally different in this respect. In-
stead of vesting the powers in any one party, it vested
them in a responsible authority, who was to be respon-
sible to Parliament—namely, one of the Secretaries of
State; and it empowers the Queen in Couticil, upon the
representation of the Secretary of State, to order the
closing up of such burial-grounds as were deemed
prejudleial to health. Having done so, the
parish in which such buriel ground was situ-
ated would be under the necessity of seeking some
other means of burying its dead. The Bill em-
powered them to borrow money to purchase grounds out
of town or to rent a portion of any cemetery, as they
pleased, the parish itself or tip, united parishes having
the power of selecting such sites as they considered best
adapted for the purposes. They would be enabled to
borrow money to carry out this object, paying the in-
rest and capital in 20 years. The Brompton Cemetery
had been purchased by the Crown, and would be avail-
ablel all those parishes who were disposed to avail
ducee themselves of that ground. A provision was also intro-
into the Bill preserving the rights of incumbents
to their
portion iz,bietrial fees. With reference to Dissenters, a
tla,he new burial-grounds would not be conse-
crated,
bat the Dissenters would be entitled to bury
thoys their own clergymen. Objections were rthiesierddbeyed
a who had private burial-grounds. There
were two deee .
riptaons of such persons—the one was
connected
.w.itatt grounds that were already so heavily
charged wan
ad that they were objects of horror
and disgust to :elii.e,icang_. He did not consider that
they could found
petttrtil.or compensation upon any just
grounds. The other
charged with
went) connected with grounds
that were not
hth
had determined
With respect to
the latter, the Crovereetenyvt
nan upon the
bringing up of the report to introducesuch a clause as
would meet their C3SC.
--
e did uot wish it to go abroad
that the Government we re going to ive them
eomensa.
merely proposed to tion. They
negtni e
ipst ftrhoem the action
of the Bill such burial-grounds
cially named by the Order in Co'tesetl. Andyeweenra' aphee
latter case the owners would be
entitled to bevhealrnd he
counsel, if they could shoe that thQy
would be injured
by the Act, or that the ground was still good fojr the
faculties thit sur-
purposes intended. He apprehended that the present
measure would get rid of all the di
rounded the former one.
uried in
Lord CRAN WORTH said that the Dissenters
were
under the apprehension that, when this Act W
pesse
they would be deprived of their right of being b
consecrated ground. He did not think that tee Bill
could bear any such construction.
The Earl of HARDWICKE said the Dissenters
would have this advantage under the Bill—they would
be able to bury their deed in the cemetery or burial.
ground of their parish, either in the consecrated or the
unconsecrated tereund, just as they pleased. The Noble
and Learned Lordfled expressed his regret that they
were not also to be allowed burial by their own ministers
in consecrated ground. That was a question which had
been over and over shin discussed in the House of
Commons, which, however, had declined to agree to
any such arrangement. It was felt, indeed, that if Dis-
senting ministers were permitted to bury their dead in
consecrated ground the character of consecration would
be totally and entirely changed. Still Dissenters world
be able to make their selection, and be buried by mi-
nisters of the Church of England in consecrated, ur by
their own ministers in unconsecrated ground.
Lord GRANWORTH suggested that before the Bill
was read a third time a provision should be introduced
against building upon unconsecrated burial-grounds.
The Bill was then passed through Committee, and re-
ported, with amendments, to the House,
Tne General Board of Health (No. 2) Bill was passed
through Committee and reported.
The Pimlico Improvement Bill was passed through
Committee, and reported.
The following Bills were severally read a third time
and passed :—The County Rates Bill, the Excise Sum-
mary Proceedings Bill, the Woods, Forests,
d L
Reven
Sewers
Bill, the Valuation (Irelanci)Bill. the Metro-
politanwere Bill, the Friendly Societies (No. 2) Bill,
and the Crime and Outrage (Ireland) Bill.
INCUMBERED ESTATES (IRELAND) BILL.
On the order of the day for reading this Bill a third
time,

Lord SIONTEAGLE, whilst admitting the advan-
tages which had arisen from the opera: n of the In-
cumbered Estates Courts in Iceland, objected to this
measure, that although, in consequence of
the approach-
ing expiration of :he period during which petitions were
to be presented to those courts, and the vast accumula-
tion of business which that circumstance had occasioned,
it proposed to extend the period for receiving petitions
another year, it did not go further, and extend the
period for considering those petitions. The result would
be, he feared, the bringing an accumulated quantity of
IP._____nd into the market, without the court having a cor-