The Sun.
London, England, 1852-05-28 00:00:00

;',.• ,1

FRIDAY

sons, perhaps, in extremis, were to dispose .of their
prooerty,,ween fait--ahoy were not in a • condition
to lefer ;to' legal A eta of Parliament, or heal ready
access to legal *assistance. -Mist, the first objection to,
the Bitriaiiiferthe-grOniid of its. complexity, and the
,tiext, that which hadi refdrehee to the signature. The
Hoe. and Learned 61antleman-raight „ have used .4, much
simpler and more form; The next objebtion
rclated to a series of paragrapha 'which ha Ma. SAO -
nished should hare found their way into the Bill. The
Hub; and Learned Solicith*General : justified the baser-
- tioh of the string, of words in question, by saying, if in-.
eerted, we shoal not have Ilia difficulties again to over-
come which had already given so-much trouble: 'But all
"those difficultiea arose frorostheseWords—" at the end or
foot." Why, /then, was it necessary o hafe these words
.at all? If the diffieult chfumstanoes enumerated
were not to restrict toe Act;, I why Rift in the.words at
•all? His opinion was : that yOn..coud -not make an Act
of Parliament too simple, or put it into words too fami-
liar, so as to be comprehended ,by all persons who were
not legal pertons. Then the. next, objection was rela-
tive to words inserted, underneath the signature. He
hoped the Bill would be referred-to a Select Committee;
that it might be put,into a proper shape for the House
to pass. • •
Mr. WHITESIDE thought this 'an extraordinary
argument, considering, that Bill had come down from
the House of Lords—Mesta her)--and after careful
consideration on the: part Of thumo4 able of the Noble
and 'Learned Lords among their Lordships: The Bill went '
first ;directly and affirmatively to the evil complained of
as to the position of the signature in the will, and thee;
went negatively to declare that none of the bad deci-
sions which had been•come to on that point should inva-
lidate any will.—(Hear, heir.) Nothing could more
properly carry, out the, objept•of the measure.(Hear.)
Mr. J. STUART said the clause called " a farrago, of
words" was framed by the most eminent and experienced
to4fett.iji
.nangsee—oFilLo-caand
-4flear.) To hear
ethcleuiltaYwly7raYeirna,
this called " farrago of words':! was really extraordi-
amp, and, id not tend, to, the, credit of the debates in the
•--atnd agreed to by all
House of Qomnsons.-(llear.). The effect of the latter
part of the clatise was only to negative a series of bad
decisions, founded on an entire -mieapprehension of the
objeCt of the Legislature in framing the Act of Victoria.
The measnie.. wai supported- by 'sach men as Lord
St. Leopard's' Lord Lyndhurst, Lord Cranworth, and
Lord Campbellr-(llear, hear)---and two 'of them,avlho'
uritiaiSed the :Bill, ,Were agreed as tei',the nature oflke
atnendments.-'--(Hear, hear.) The Pill was to be re-
ferred to a Select Committee; but if the legal Memberi
could not agree in the Poise, why should they in the
Committee?-t-(Hear;) After all this, they would have
to adopt some authority, end what • could they more pro-
perly defer to than the highest in the realm?—
(Hear, hear.) It must be recollected, that if the Bill
were materially altered, it could not possibly pais
this session,: which' all agreed'was necessary and 'desi.
rable in order to destroy
.the .bed decisions that ha&
been referred to. _Nothing could be intended by a re-
ference to a Select Committee bdt its total defeat 'and-
deitruction,- and- leaving the ih its present' dis-
graceful state,—(Hear, hear.) •
Mr. MULLINGS said the. propesition was to omit
• "
the words " signed at the -foot ,of the will," the object
of which was to prevent ariy fraud from being perpe-
trated by the adding of anything after the signature.' If
the amendment were adopted, fraudulent practices would
not be guarded against, and the law would be• left open
to all the difficulties that at Prescot existed. •
The MASTER pf the, ROLLS said his object in
moving that the Bill by referred TO, Seleet Committee
M 6 not to delay its fisesiy.ig,'bund 'obtain- the assistance
of the juclgl-;s, in order thh't might be put in a
proper form._ He begged, thbrefOre, to move that the
chairman report progress, with the view of the Bill being
reterred to a Spieq Committee.... .

,
Mr. WALtOLE said that to send the'Bill to a Select
Committee would be to send it to a Committee of
lawyers, who would ail differ .in opinion on the subject.
'He bad not. heard a single argument to show that the
Bill would not meet the defects m thelaw of 1837. The
Bill would not alter that' law,:bar*onld simply provide
that the judges were not to put that forced constructien
on the Act which had had the cff..‘et of leaving a vast
number of wills unadMinistered: He did hope the Com.
.2niittee would not think itTnedis4iry to delay this benevo-
,. 1
lent; measure. , e. 4
The Committee divided, when there appeared—
For reporting progress ••• •—• 64
AEiginlst it. : ;;..; ;.. ••• 121
Majority ••• —57
In clause 2,
Mr. BETHELL Moved theinsertien of•wordsto make
the clause applicable only to..thrit with of porous who
should die after the passing of tilt Act. •
The SOLICITOR-GENERAL was in favour of the
, _
chaise as it stood.

Sir P. WOOD•said 'the notign of pending. all to a
of Lords was the moss proposition that could be
Solect Committee ' upon coming_down from. the House
made to that Home. EVerrbOdYAUSt see thatimmense
litigation must arise from the clauses now framed, and
he protested against such a system of-legislation.
The ATTORNEY-GENERAL for IRELAND de-
fended the clau4e, and complained. of the objections
that were now‘sitarted after the Bill had been so long be-
fore the House, without any amendment being placed
upon the papal.. • •
The Willie with the remaining -clauses Were then agreed
to, sad the House resumed.
:GENERAL BOARD OF- HEALTH BILL.

-----
On the order of the day for going into Committne On
this Bill,
Mr. BROTHERTON moved an instruction that*
Committee have power to amend the Public Health .Act
(1848).—Agreed to.
The House then went into Committee, Mr. BERNAL
in the chair. _ _ ••

The several clauses were agreed t0;.80II10,11OW clauses
were added, and the House resumed, -
INDUSTRIAL AND GENERAL PARTNERSHIPS
' ' BILL_
Oa the motion of Mr. SLiusty this Bill went
through a Committee, the various claims being agreed
to without amendment.

The .Public Works Bill v., as
passed. , read a third time and
The Poor Law Beard Continuance (Ireland) Bill was
read a second time and orderecl--
be Committed.
Mr. BOUVERIE moved that
Committee on the Burgh Etarb at the House do go into
observed that its provisions wore to
(Seotland) Bill, and
to make rates to repair these h a to enable small burghs
Mr. F. M'KENZIE opposerbours. .
that it gave too largo a power the Bill, on the ground
palities to tax all vessels enteringto, these smell munici
Mr. E. ELLICE supportert these harbours.
Right Hon. Gentleman the P eth°,l3ill, and hoped the
Trade would explain what the 3ntent• of the Board of
vernmcnt were. e -objections of the Go
Mr. HENLEY was not' eetisti -",cl
was placed upon the teeing- ' that a proper check
munici-
palities.
Po • • •
• veers of these
OR at Oat be:. he. •
Committee sheuld be pes,peaec i cur, suggested that the
Tee Heusi) divided, when there
.
For the Cummitteie - aPPaared— -
Againet it ... :::.. ~_.... ... 64 •
Isbjerity :against the (sere a,— ••• ••• 1". .
On the motion tor considereeo7.Ottee ... --42
Ecclesiastical Genes (Cronioar7l-‘-ne'ltmendinent on the
Mr. ANSTEY objected to pr urisdietion) Bill.
late time of the night, and,moe:redMg with it at that
the House do now adOnan., 4. an amendment that
-Thu motien was teedrdinglYp— -
On the motion for the second °3tPened. •
Bisteops Bill. • - leading of the Colonial
Mr. ANSTEY alio Objected t • '•
Bill;es it was an attempt to emro°•Proceediog with that
House had no pretence. or right, r, titles to which that
The second reading was, after ee '
paned till this day. , • • --Yale discussion, post-
MAYNOctii;
The dropped orders were then, proceeded
•
the adjourned debate on Mayneutill'eueeded with, and on
Mr. FRESLIFIELD moped th beieg read,
slimed that dsy, at twelve o'clock,. at. the debate be re-
Mr. WALPOLE prdtested igftinst •
at twelve o'clock, after 'iit had now- b the House sitting
two o'clock..
,Tl+-wo‘ibl 'be ImPessible`en sitting till near
the Country tote carried ofi if Merob for the basitiess of
come down again in a few honisTo there were obliged to
Mr. ANSTEY said the motion had that House. '
d b
to provoke the appeal of the 4iettt ri een made merely
was A kepetition of the farce or weell,,• Gentleman. It
Hon. Members wanted Abe-Mita() to
on
last. If
to have been there at eight o'clock e 4 on they ought
Not one of the Ministers were presect 4elseday evening.
was counted out, elthmigh the MembersW'aen the House
tions before the House intimated-their • who had
way. If If the Goverment would not fix Ttention to give
n measure which they believed to be of vital day to discuss
let the Hon. Member for Wdreirckshiro importance,
charge of the order..lo put an end to thapeeve the die,
charge
FRESHFIELD' hoped it would 1'
not dull farce.
that his side of the House was not enzieug; be supposed
discussion brought on at the earliest possible to have the
Mr. KEOGH said the whole course of period.
the Hon: Aleniber for Warwickshire had throughout
of
with their entire approbation e--(A laugh.) ()rout met
to know what was the conditionof the Governmenta wanted
that question. There cat-the Hon.' Member for
upon
shire; who had jumped through three •hoo or Peeble-
question . When the House re-assembled at 611 on the
'where were the `Members of the GoiteriamcF4 o'clock
were all ready to declare their hostility to the May
noothThey
grant, and yet they shirked.the debate in order
the Derby. Why, the National Club could ow to go to
three Members at eight (Meek, and the 0.0,„! muste"nine"r
only one Member, when the debate was about to be re-
sumed. i • . • .
Mr. NEWDEGATE,was certainly under the im .
sion on Tuesday evenitag that the late whipper_ ihopfres-
Whig Ministry, !seeing thee there were three Whig
i
motions on the piper,- would have endeavoured to make
and keep a House; but the Ilouse might guess his sur-
prise when he f'otind. that that Right •flore .Gentleman
had actually counted out the Lime. He could assure
the Hon. and Learead Member for Athlone that therere
was the greatest anxiety to.-bring on the question. .Ho
and his friends ' were, -however, tenable .to delude the
e matey as to their tea ict“ntions., He appealed to the
Goverment, as all parties' seem"d willing to bring on
the question:, Whether some
_ray' might no; be fixed for
its di;cui-,r,?
• The O'GORMAN NATION 'said he could
ass,
Hon. Members that tee Reline Catholic Memb .re
ers were
most anxious to have oeclecBti9 lal -
-1 discussed, more
especially as impwatiohe had been attempted to be cast
upon the:yei)gion to which he by the honour to belong
Is documents tuck es tbe Hon. Member had referred to.
were in eee-tence, be aeereed that they were repudiated
by boh the laic y and the et;clesiastics of the Roman
Catholic rellgion Thee courteddiscussion, and
,theye
called upon the; dovefneaktdema
nd
of respond to the
of the Hee. M North Warwickshire.
i mlee. tor
Sir. J. PAKINGTON' hopcd- they would not heled
into the dise„,ja 4 on' in a igoicimatal.
of a q cP4 .., n - ()waver-