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

THE SUN,

IMPERIAL PARLIAMENT.

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

HOUSE OF LORDS, Feb. 13.
The LORD CHANCELLOR took his seat on the Woo,
sack at Five e'cleck.
COUNTY COURTS EXTENSION.
Lord BEAUMONT presented a petition from the
solicitors of York praying for an extension of the County
Courts Act.
IMPORTATION OF ARMS AND GUNPOWDER
INTO THE CAPE COLONY.
The Bari of MALMBSBURT moved for the re-
terns of all arms 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 h id 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 Kafirs. 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 c esimunication to the Governor,
which did him great credit. The Noble Earl was not
the only public man who was ignorant ot the fact—he
was only one out of a hundred who did not know, and
though, as the head of the department, be was respell-
sihle, 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, but it did not seem to have
ever been put in force. He would not trouble their
Lordships with quotations from the report which bad
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 Nuble 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 baying
been sent to blockade the coast would not be sufficient
for that purpose ; and 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 possible to add to their
stringency, but attributed the whole difficulty of stopping
the traffic to the nature of the country and the scattered
populatein on the frontier. All the powder which had
reached the Kafirs was smuggled through our own porta
after it was landed there, and not before; and it was ut-
terly impossible to find any coast where smuggling
would be so impossible.—(Hear.) He believed it was
necessary that every farmer on the frontier should be
supplied with powder for himself and his servants, to be
used in their defence against man and beast. And when
that was the case, did the Noble Earl suppose it pos-
sible 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 pat a stop to? Such a suppo-
sition would be most puerile. The Noble Earl asked
whether means hart 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 bad got into the possession of the
Kafirs which had not been landed 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
Kafiri had no doubt been obtained from Cape Tewn.
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 on an illi-
cit trade. Mr. Miller read aentioned one or two points
where a landing could be effected ; but there the diffi-
culty was so great that a considerable number of
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. Oa the west
aoast there wkre only one or two places where vessels
could land cargoes, and those must be small vessels,
which 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 Kafirs; 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 Limed, 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 tor, but sug-
gested an alteration in their form, applying to the quan-
tity of gunpowder and arms exported from this country
to the Cape, rather than the importation into that colony.
Lord MON ['EAGLE thought there was no doubt
now as to the origin of the trade; it was clear that it had,
its origin in Cape Town, and was carried along the fron-
tier, the powder being sold by British merchants for the
deetruction of their fellow colonists. The moment they
allowed the traders to cross the frontier, it was impos-
sible to prevent a trade in that which would be a most
profitable speculation. Major Anderson and Sir George
Napier had, in their evidence before the committee, ex-
pressed their opinion that, until a stop was put to these
itinerant traders in gunpowder, nothing effectual would
be done towards a di.continuance of the trade.
Af:er a few words frum the Earl of MALMESBURY
in reply,
Earl GREY said that the collector of the customs at
Cape Town hid informed aim teat almost every pound
of powder which pas,ed into the colony went thrcueh
the Custom-house. He repotted that he had no objec-
tion to tee returns moved for us soon as they could be
obtained.
l'hc Earl cf ELLENBOROUGH thought the returns
sought for cnght to be obtaiced at once.
After a few words from Earl GREY, the motion was
agreed to.
COUNTY COURTS EXTENSION BILL
Lord BROUGHAM, in moving the second readicg
of this Bill, said he bad introduced a similar Bill into
their Lordship.' house last session. Tnat Bill, after it
bad passed the Upper House, had been sent down to the
H use of Commons, and toe alterations which bad
been there made were principally with regard to the
mole 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 had introduced into the Bill, and that was
that they had re-inserted the 24th clause, which their
Lordships had struck out. Considerable difference of
opinion had existed in their Lordships' House with re•
speet to that clause, but eventually it had been struck
out. The effect of the obtuse 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
required that they should be instructed by an at•
torney. He had suggested to their Lordships that pro-
bably, in the Comity Courts, the same practice prevailed
as in the sure leer courts. v.z., that counsel were not in
the habit ot taking briefs trout the clients themselves,
hut from attorneys. ilee however thought that it was
d
esirable that au option should be given upon the matter,
and therefore it was that he had inserted the particular
clause in the Bill With respf ct to the superior courts,
there wasprohibited uneooibflezible stature law or cbmrrnh,
clients
common law which
themselves, b 1:1•4l from fa—ng briefs
fo
but they had always been prevented from
doing .° by xlble usage or custom which was called
the etiquette of the bar. In the superior courts, generally
speakine no counsel took a brief in a cause unless he
bad been instrue(teudorbdy We attorney—a practice which in
most cases he (Lord
aanießfrougham)
thought that approved of; but he
superior reeioni upon that point which
existed in the
to the County Courts without
might be extended
ithout any fear of itg
being abused, His
objects n to
would prevent counsel le Ea passing a hew which
Court directly from a client was,
a brief in a County
might arise when the ordinary should be departed
rule that'
circumstances
from. The Bill which had passed their m
t h Lordships'had House
set
last session upon this subjee,, an,d
ipaghhie.
appear from the
down to the House of Comm-ons
titimbir of amendments which that House had made to
dhhoewever,
have undergone considerable alteration. t
was not the case, for the other House a,
the substantial portions of the
ysbeentha war
ulaeie
Lord CAMPBELL
The NoblereP,o rd
to
concluded by movihe' time,r
that the Bill be read a second
hHaed
consideredalwa
friend to the Countyacid
Courts.h
e
establishment hid tended most materially to improve
the administration of justice in this country. Re
ap-
proved generally of the Bill which his Noble and Learned
Friend had brought in, and be would now come to the
important part of the Bill, namely, the clause to which
his Noble and Learned Friend bad alluded. It had re-
ference to a subject upon which the honour of his
(Lord Campbell's) profession materially dependee, and
what was of far more imnortance, a pure anministra-
lion of justice. The distinction between the functions
and duties of an attorney and a barrister had prevailed
from time immemorial—a distinction which be thought
ought to be preserved. It had been instituted, not 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 he upheld and enforced without
any legal enactment. It was foreseen, however, that in
the County Courts that superintendence could not exist,
and the ligisia;ere had consequently thought it neces-
sary to pass a law so the effect teat a barrister shonld
not appear in a case in a Giant y Court unless instructed
by an attorney. If the usage which prevailed upon this
matter were allowed to cease to exist, the oifference be- PETTrIONS.
tt,
a eerrintesse and an attorney would be done awe etition from
with. Thera-aY Mr. LOCH presented al' the metro
I of btrristers who were in the
habit of 2,,iin - was a then- 'el praying for an alteration of tbe duty on post-horses.
warts; ahem peblic-houses, and fincfing out Mr. Gleoe+A N. presentee a petition from Dublin
the. lee- mg
in erder to stir Zip a desire amongst against any end t to the college of Nlaynoetn
•wwen
..r order's-
a brief. Sueh 'i I -tw, so tnar, they might obtain
• 2his petition, on the motion of the Hon. Member, was
a belonged, ca elks degreited the order to which they read at the tbl •
a v.)
to the 24th chew:rictus ''ojeetion Which h entertained , F. -
rfiEsILiER presented a petition against the
Bill was, that it win nis Noble and Learned Friends peat-horse duty.
evil to which he Quid have a tendency to increase the EDUCATION IN SCOTLAND.
referred
the due adminietratio • It was highly necessary, fur I Mr. F. MA 0,-
-`.,ll.EINZLEnotice that on Monday
gave
a et ' •
employ an attorney %eh,
ehtustice, that a client should next 13e would ash Lord J. Russell whether it was his
Olt c lases should he, as the retain a barrister, and intention to introduce any Bill the subject of educa-
on
hand,: of pereees over wee ey were now, placed in the tion in Scotland,
a jurisdiction, and if
it
were
nretee courts could exercise EXPULbION OF BRITIefI SUBJECTS FROM
likely to be defrauded. He not so suitors would be Atid rRIA,
which existed in tie County°objcd to a practice Mr. ANSTEY asked the First Lord of the Treasury
acting as the ad v, in a ,ewarts of one attorney 11 question on the subject of te
fo- e recent expulsion of cer- j
If tnere were a necessity for e "itc, another attorney to Scottish clergymen from the Austrian territories •
as well as an attorney, lee that to have au advocate by order of fence
-e-wartzenber and, as it is
sad IN (Lord Campbell) would mat t° be a barrister, alleged, in contravention of the . ,
willingly supportj the Austrian empire, is well 58 f • municipal laws of
° International righti. I

Lord_CRANWORTH said he did not e'se 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, withiregard to that
part of the Bill which had reference to the Court of
Chancery, he would suggest to his Noble and Learned
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 diecussior. It was therefore possible that
his Noble and Learned Friend's Bill, as it now stood,
might in some way crime is collision with the Chancery
Reform Bill. He did not mean to oppose the second
reading of the Bill now before the Reuse, 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 VI said the point to which his
Noble and Learned Friend had drawn his attention bad
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
the Court of Chancery. He believed, however, that the
Chancery Reform Bill would not directly deal with the
subject to which a part of his Bill had reference, viz.,
conferring upon the County Courts the power of dis-
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 for 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 Campbell)
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 the
country courts of bankruptcy, and no evil had resulted
from it. He would not now enter into the question
whether it was desirable to 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 a combination which attorneys might have
against him, if he did anything to excite their dispirit'.
sure. He remembered a case in which a combination
had 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 had felt it his duty to express
his opinion unreservedly in the House upon a matter
which affecteethem. The result was, that a printed
circular was sent round to the profession calling upon
' them 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 be referred was in the habit of practising in the
counties of Yolk and Lancaster, and had an inflexible
law existed compelling barristers to receive briers from
attorneys only, he could not have defended himself
against that combination. He had done so, however,
by seeing the clients themselves at his chambers, and
had dispensed with the intervention of an attorney.
He also knell of combinations having existed against
barristers in various parts of the country with regard to
their ;eking briefs in the county courts. The attornt ys
had resolve it they did so not to employ them on the
circuit, in the Bankruptcy Court, or in any other court.
It was for tnese reasons that he thougt a barrister ought,
in every court, to have the option of taking a brief from
a client dirt at- It had been proposed to gave the county
courts jurisdiction in matters of equity to the extent of
5001; bar, after much, consideration, it had not been
thought advisable to do so—an opinion in which he
(Lord Brougham) concurred.

L ird CARI'BELL said that with regard to the illus-
trious individual, who was a barrister a; 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 elLquence that
suitors fl ,cked after him, and the combination of the
attorney a could not affect him. There was, however, a
class of barristers who lived in the country and never
came to London, who had not that nice sense of pro-
fessional hoaour 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 AMENDMENT BILL.
Uon the motion of Lord BROUGHAM, this Bill was
read a first time.

Lard CAMPBELL observed that be hoped that his
Noble and L,arr.ed Friend had inserted clauses in the
Bill which enabled a persun to protect his patent from
being continued to be intringed, by means of an injunc-
tion.

Lord BROUGHAM said that he had done so.
MUNICIPAL CORPORATIONS ACTS AMEND-

MEN r BILL.
Upon the motion of L'rd CRANWORTLI, this Bill
was read a third time and passed.

THE SECRETARY OF BANKRUPTS' OFFICE

ABOLITION BILL.

Lord CRANWOR 1:11 brought up the report of the
Committee upon this Bill, which was received.
Their Lordships then adjourned.

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

PRIVATE BILLS.
The following Bills were read a atcond time, and or-
dered to be coLomitted:—
Derby shire, Staffordshire, and Worcestershire Junction
Ittsilway.
G!aiigow Union Arcade.
Newport Improvement.

PETITIONS.
Mr. HINDLEY presented a petition from the post-
masters of Ashton, praying for the 'repeal of the post-
horse duty.

Sir R. H. INGLIS presented a petition from a local
deanery praying for an alteration in the laws regulating
beer-shops.

Mr. BIG GINS presented petitions from the county
of Mayo preyiug for an amendment of the Irish poor-
fa w.

Mr. M. J. O'CONNELL presented a petition from a
place in Cavan to the same effect.

Colonel BOYLE presented a petition from the poet-
masters of Frome praying for the repeal of the post-
hors,., duty,
Sir DE LACY EVANS presented a similar petition
from the poitrowitera of Westminster.
Mr. SCULLY pre,,ented a petition from the county
of Tipperary, praying for the repeal of the malt, sugar,
and tea dut►es, a'.d fur the abolition of the law prohibit-
ing the growth of tobacco in Ireland .

STRANGERS' GALLERY.
Mr. TRELA.WNY wished to ask the Noble Lord
at the bead of the Woods and Forests whether he
int inded to make any better arrangement for the con-
venience and comfort of strangers waiting for admission
into the gallery than existed at present. If they ad-
mitted strangers at all they ought to receive them with
decency. which was not the case now.
Lord SEYMOUR said the arrangements connected
with the House were' made long ago by a Committee,
and he had abstained from intertering with them, but he
would make a point of inquiring into this matter, and
see what could be done.
MILITIA LAWS.

Lord JOHN RUSSELL gave notice that on Monday
he should move that the House do resolve itself into a
a Committee of the whole House, to take into conside-
ration ihe existing state of the militia laws.
THE BISHOP OF DURHAM.
Sir B. HALL wished to ask the Noble Lord a ques-
tion with reference to an appointment which
had recently taken place to a canonry in
the cathedral of Durham, which had become
Ecelesi'a:
icla_c_ant. Dr. Maltby was appointed Bishop of Dur-
4,ua upon the understanding that he was to re-
ceive 8 Mel a-year under the new law established by the
Bishop-had r
which
1843 there
etkreit Commissioners ; but according to returns
presented last year, it appeared that the
ins:eired 79,6584 more than that income. In
to the bishopr: vacancy
Bishop had just nvOSs'
preferment, whiu' in one of the rectories attached
ird the Bishop presented his son to the
worth 1,2001., and this own the
question he wished minuted to the canonry. Now, the
any correspondence had tate Noble Lord was, whether
tween the Ecolesiiafstsioc.alwCheo place on the subject be-
odhethhad
inissioners and the Bishop
a any
cor roe
objection jpeocnt idoenn
ct to lay it before the House? -
ofLpourdrhJa.mit'aUnSd'SELL tuodersteor
had taken place on the subject of theatßi
and there would be no objection to „rod_ahoP's receipts,
arias in the country had beenr rue(' it, All the
canoneduced to 1,0004
this one came under this law,
a year;
Sir 13 HALL then
. moved for the
end -pee, WWII was ordered to be laid
before th
e
House
House forthwith. _
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