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

IMPERIA.

AMEN T.

HOUSE OF LORDS, June 28.

Their Lordships assembled at Five o clock, Lord
EDEBDALE presiding.
PETITIONS.

Lord WODEHOUSE presented a petition from the
colony of Grenada praying for a further reduction in
the ditties upon sugar, with a view to increased con-
sumption.
Lord CRANWORTH presented a petition from cer-
tain Protestant Dissenters residing within twelve miles
of London against portions of the Metropolitan Burials
Bill.
The Earl of SHAFTESBURY presented a petition
against the use of Copenhagen-fields for a cattle market.
Lord LYNDHURST laid on the table the report of
the Select Committee on the claims of the Baron de
Bode. Oa the motion of the Noble and Learned Lord
the report was ordered to be printed.
Lord REDESDALE rose to move the addition to
standing order No. 179, of a proviso to the effect that
for the future no Bill introduced into their Lordships'
House in which there shall be any clause afft cling the
revenues, patronage, or constitution of any charity, shall
be read a second time, unless notice of such clauses shall
have be3n givm tAe the Attornoy-General for England
or Ireland, es the • case may be, and a report received
from him on the matter.
The motion was aczreed to.
The Consolidated Fund Appropriation and the Mi-
litia Ballots Suspension Bills bevorally passed through
Committee, and were reported to the House.
MILITIA PAY BILL.

On the motion for going into Committee on this Bill,
Lord BROUGHAM took the opportunity of ex-
pressing his opinion that the defence of the country
would have been much better provided for by a regular
force than a militia force. This, he conceived, was the
result of allowing our military defences to sink so_ low,
and not doing that which we ought to have done a dozen
years ago. A worse method of levying troops_ in this
country could not be conceived. It amounted to a tax
upon one portion of the community, and a compulsory
many months had elapsed
service upon the other. Before . .
take
he hoped the country would find its mlistake, and
after alluding te the loss
steps to ensure the enrolment of a regular forcs.
The Earl of CARDIGAN.
the discipline
of the Birkenhead steamer, and eulogizing
displayed on that occasion, was understood to express his
conviction as a military wan that the Government would
have done much better fgardless of the unpopularity
l'e
which might have accruedto them, they had proposed
an addition to the reg +d force, in place ef the militia,
which he was suiei woot prove efficient.
After a few words from Esrl GREY, the Bill passed
through Committee.
PATENT LAW AMENDMENT.
Lord COLCHESTER moved that the Commons'
amendments to this Bill be agreed to.
Earl GRANVILLE thought the Bill would have been
better had the amendments of the Commons been ex-
cluded.
Lord BROUGHAM considered the Bill was a great
improvement on the old patent laws. He was not dis-
posed to recommend their Lordships to disagree on the
subject of these amendments, and 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 amend•
ments, because they would interfere with the rights of
those colonies in which there were representative assem-
blies, who had power to grant patents—a power now
proposed to be superseded by the authority of the
Crown. On this question he had so strong an opinion
that he should move their Lordships do not agree to the
amendments of the 18th clause.
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 was 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 -DESART moved the third reading of the
New Zealand Government Bill.
After a few words from Earl WALDEGIUTE and the
Earl of DESART,
The Bill was read a third time, and passed.
The Nisi Prius 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 was supposed to
have fallen from him which inflicted considerable pain,
as he was infoimed, upon a• Learned Judge who sat
• in the other House of Parliament, fur wheel he
(Lord-Lyndhurst) entertained .the most sincere re-
spect. He had not the personal acquaintance of that
Learned Judge, nor- had he spoken to him since he
occupied his present office; bitt that learned person
had practised before him (Lord Lyndhurst) when he
(Lord Lyndhurst) held the Great Seals, and he had con-
stant reason to admire his learning, his eloquence, his
ability, •and his courteous bearing. He (Lord Lynd-
hurst) considered him, in short, every way worthy of
his distinguished parent when at the bar, and he had
every reason to believe that ho had maintained a corre-
spondieg high character since he had been raised to the
bench. Nothing, therefore, was further from his (Lord
Lyudburst's) heention than to make any obeervation
that might be painful to that Learned Judge.—(Elear.)
The matter in question arose cut of a disjointed discus-
sion on the Bill before the House, which, as the Com-
mittee sat unttit a late hour that night, :heir Lordships
might easily suppose was not very accurately reported.
In feet, he (Load Lyndhurst) was supposed to have
made some cbservations on th© Master of the Rolls,
when, in truth, he had not said a word upon that sub-
ject. the matter being entirely foreign to him. The facts
of the case were shortly these:—He (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 wits a member of
that Committee. That Committee nen:amended, 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. Romilly they held the office
of Solicitor-General; since then ho had been raised—
very properly raised—to the office of Master of the
Rolls. When the Bill before the House was brought io,
his (Lord Lyndhurst's) attention hal been directed to
the circumstance that no attention was paid in it to this
recommendation of the Committee. Nothing, iu 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—had accordingly petitioned
their Lordships on the subject, and they had requested
itek to introduce their petition to the House. So far
• • from there being 4ny provision for the abolition of the
Vieactt in question in the Bill, or the adoption of the re-
ii'lltamentlatioa of the Committee in the manner in which
sicctehsworde.d, at the very time the Bill was under con-
``ttett—en November last, the Master of the Rolls,
upon tete .
appointment becoming vacant, appointed to• it
a VOry you
the City, at! meet an articled clerk to an attorney in
made sager of
bad not completed his articles. That was
ci",4 01complaint, and he (Lord Lyndhurst) was
lieerl utc'bsokue tght 1111/g the subject before their Lordships.
duty to do so, and ho did nut refuse.
Ho had asked. for
stances, but he ad explanatiou of the circum-
" d received none. He had called
the attention of -
e _ etoble and Learned Friend on the
woolsack to tu
nett% Was he wrong, therefore, in
pressing the :Fd—"Ta? And that a the House
whether they net. believe that if the Master of
) had done
the Rolls was in his titnation, he would not have
considered it his duty %
th course
as he (Lord LYndhurst
one one thatsame eccasion?
If the matter had been refereed
to a Select Committee,
which, as his Noble and 44
aged Friend the not let
wool-
sackjustly stated, could e
eensequea
hence of .the
lateness of the session, the aahjeet could
easily it ex-
plained. Bat there had been. no taxelanation until that
moment, and he (Nord Lyndhurst) contended, therefore;
that he only did his duty in calling Iletictentiono their
Loideliips to the subject. A Committee hut bee ;„ he
said, tippointed—the learned person in .geoltien
w_ a
member of—that Committee--the report of that C"4om ..a
Mitten recommended a certain course With tft,ird
certain office in the court of which thislea
person
was the head a short time after. Bat in the n„,
"-brought in: ostensibly for the purpose of carrying
cut
;that tepart--trt flat purporting to be founded on 'it
there wan not the altgh he test reference to the remarkable
•
recoliraandation in question. As far as (Lord
LYeellneet) 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, boar'
ever, ...while in-ignorance-. of that fact, bound to assume
that, c being a member of the Committee, and the
Bill relating to the courts of equity, of which lie
*as one of the kites, this dear led person had
taken part in the discussion of the measure.. and
had „en :
.advised of its contents.—(Hoar, hear.)
He (Lord:l4-yrioaursl) teuetede therefore, . that
when us the next sessieri of Parliament he should move
for the abolition: of the office 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
Friend if that was not true? There was not u single
office held under the Mester of the Rolls which had been
toughed in the Bill. When he (Lord Lyndhurst) men-
, tioned these circumstances be had only stated facts
which he believed to be strictly true, He 'considered, it,
therefore, his duty to state them. Thin learned per-
son, in rof'rpnce to the office andet notice,- was re-
' atittd to, have stated that the officer was .new paid
by §1.144,: zlot: 'tebs that the fees forniertY paid
to. tdl 111-4°P were put an end to, and a :salary of
1,0001 a.year given instead. tjut where did this sa-
lary come from? It came out of the Suitors' Re
Fund. So that it *as actually paid out of the fee, .
of .t.u:Vrs in. the Court of Chancery. If tLe office
was' thelith`-':8, In accordance with the recom-
meedatioee o. thh Conimittee of which that Learned
petton w. 1.3 a meoer, Rat 1,001, a-year would be
saved to the p^`:'-i,-% There was another point
which he (Lard Lyndhurst) had adverted to. He had
stated that one clerk in Chancery had 200/. .a4e.a?,
salary, whi!e two
.cierks in the attic() of the ?ifaSter of
the Rolls had 300!: It appeared;-however, 'that 3001.
was given to the Master of the Rolls, and that only one
clerk eas appointed with that Salary. But there was a
prut isiou in the Bill by which the fleeter of the Rolls
would be enabled to divide an Office into two clerkships

of 1501. a year each. He (Lord Lyndhurst) regretted
that in the scrambling discussion which had taken place
on the Bill that this was not sufficiently pointed out.
He had said enough, he trusted, to satisfy their Lord-
ships that he was fully justified in stating what he had
stated. It was his duty to press the subject on e at-
tention of the Committee on that occasion, and ho had
performed it. He hoped, however, that the explanation
he had given would be satisfactory to the Learned
Judge in question, and ho begged to say that he would
feel the greatest regret if what he stated then or subse-
quently gave any pain to that Learned person.
With respect to the Bill, he wished to put
the House on its guard against all measures
coming up from the other House at that late period of
the session, as well as against 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; awnhdiethhewreas perfectly
just. was
er a pro-
vision originally that the retirement afforded by Act of
Parliamentp
That shouldprovis
proviso was,
not bs
however,effected,
struck out on the re-
port or the third reading in the other House; and, con-
bee
the Act of Parliament
n passed in that condition,
e l underof the salary of the individuals
stwhe
oqousuleedn
retirementst l
equaly had
wd
ot_ht
he r Bill
hd
after 20 years service, would have been reduced to half
that amount. The difficulty was that it was a money
ciane. Sooner, however, than do such an act of in-
justice to individuals, he (Lord Lyndhurst) would have
Bill, but fortunately the defect bad
vboeetendagainstremedied h
tbyea machinery which he should not at-
tempt to describe, and the proviso restored. Under these
circumstances he should vote for the measure, and ho
hoped it would receive the sanction of their Lordships.
Lord BROUGHAM had not the least doubt of the
facts as stated by his Noble and Learned Friend, and he
fully concurred 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 Traro) who would have been
able to explain the provisions of the Bill; especially with
respect to the power of appointing 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 he 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 Earl of LONSDALE, the Com-
mons Enclosure Acts Extension Bill was read a third
time and passed.
TURNPIKE ACTS CONTINUANCE.

On the motion of the Earl of LONSDALE this Bill
was read a third time and passed.
POOR-LAW BOARD CONTINUANCE, &c.
The Poor-law Board Continuance Bill, the Inland Re-
venue Offices Bill, and the Savings' Banks (Ireland) Bill
were severally, on the motion of the Earl of LONS-
DALE, read a third time and passed.
JURISDICTION IN EQUITY.
The Commons' amendments to the Improvement of
the Jurisdiction in Equity Bill and to the Masters iu
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-
pense 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 bound to say that there never was
a measure more maturely considered than the present
one. He had 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, but 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 bad 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
conduct in this business, and the gratitude of the
ctheiounrtry for the attention they had given to the subject;
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-
leo; them. lie would therefore move that the amend-
ments of the Commons be agreed to.
Lord LYNDHURST said ha should bear his testi-
mony to the Powerful assistance given by his Noble
and Learned Friel* 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 Noble and Learned Friend
upon the accomplishment of this great and important
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 com-
pletely disposed of, through the extraordinary exertion
and ability of the Noble and Learned Lord.—(Hear.)
Lord CRANWORTH 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 Ceane,ery of the power of sending
certain cases to a 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.
Lord 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 powerspske
of seeding cases to a court of common law. He
most disinterested:y upon the subject, because he was
urging the adoption of a course that would considerably
increase his labours. He had some experience' of a
court of equity, and he knew the importance of retain-
inn 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 BROUGHAM thought it was a very unfortu-
nate alteration indeed the taking away of this power of
sending down cases to a court of common law. Ho did
not thiek 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 late; 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 bug 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 ono particular party; bat it was a satisfac-
tion which those alone could enjoy who were not under
the trammels of any party—a satisfaction which altoman
historian describes as an occasional felicity—rarns tem-
porum felicitate—of in fact enjoying the satisfaction of
thinking as they pleased and speaking as they felt.
After a few words from the LORD CHANCELLOR.
The Commons' amendments,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 BILL.
The Earl of HARD WICKE, in moving that their
Lordships go into Committee upon this Bill, said that it
was rendered necessary from the circumstance of the
former measure becoming inoperative. 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 required, inasmuch as they were not in a position to
give sufficient security for the same. The inhabitants of
the metropolis were not, in fret, 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 Council, upon the
U!_presentation of the Secretary of State, to order the
r"ling up of such burial-grounds as were deemed
re •
wing
to health. Having done so, the
P4rlsh in which such burial ground was situ-
at" would be under the necessity of seeking some
powere
other
a burying its dead. Thu Bill em-
them to borrow money to purchase grounds out
portion of any cemetery, as they
of town ineeratil:
roux
.f
Parish itself or the united parishes having
adapted for the Purposes. They
tPteanseeiwl':leofPaelecting such sites as they considered best
20 years. would be enabled to
borrow money to emery out this object, paying the in-
hado Brompton Cemetery.
forest and capital in
aief
or been
oi purchasedt
hosepubiy,tehge rTw
nh
who were. disposed_ to. avail
11 themselves of that grpor4usatving
• A provision was also intro-
the rights of incumbents
With reference to Dissenters, a
such tdsucthedeirinbtourtihael Btedels:
portiep of the newe,l3Yrial-grounds would not be conse-
crated, SO that the Dissenters would bo entitled to bury
their
Owdn_preilveartgebuluernit;l-gOrobjuencdtairsTwheerree
their dead
persons—the one w
wraeirseedtwbyo
(tihcosseerivpstliioonhsaot
connected with grouada
they were objects of horror
and disgust to the Eying. lie
,doidn:ootttdelvointshidgerroutnhdast
just
With respect to
they could found a claim for cueseensuion
upon
any
th grounds.4twe
goel. aaubilree abroad
.tha fatter, the Government had
nTic:lterruoitihye
changedpartle wwietrhedead.
_ determined upon the
bringing up of the repsrtlitso
aiindtriol.odtueweishsuictht:
would meet-their case.
that the Government wera going to give them compensa-
tion. They merely proposed to exempt
n esa fromthy were
e theacstinoen.
of the Bill such burial-gronnds,u
chilly named by the Order in Council. And even to the
latter case the owners would be entitled to be heard by
counsel, if they could show that they would be injured
by the Act, or that the ground was still good for the
purposes intended. He apprehended that the present