The Sun.
London, England, 1852-05-29 00:00:00

retained in their employment to execute these warrants.
—<Hear, hear.) In such cases it W 33 often not practic- I
able to set in motion the processes of the law for the
purpose of obtaining redress ; and their Lordships
should institute an inquiry, as the authorities had not
thought proper to take the matter up at all.
The Earl of DERBY said the Noble Marquis seemed
to think there had been a gross act of oppression, and
that there had been neglect on the part of the autho-
rities in not inquiring into it. Bat the Noble Marquis
and the Noble Earl (Carlisle) were Cabinet Ministers
at the time—(Loud cries of " Hear, hear")—and sitting
by their side was their colleague the late Lord Chan-
cellor, who was of course peculiarly responsible for the
conduct of the magistrates, and who had allowed six
months to pass before he left 'office without instituting
any inquiry into the case.—(Hear.) Probably the Noble
and Learned Lord (Lord Truro) did not deem it neces-
sary to do so, nor his Right Hon. Friend the late Se-
cretary for the Home Department, or it must be pre-
sumed that they would have done so. At all events the
Noble and Learned Lord and the Right Honourable
Gentleman were the parties responsible for the delay of
inquiry.—(Hear, hear.) And it was most extraordi-
nary that the Noble Marquis should complain that in-
puiry had not been instituted, when his own colleagues
had been the parties to institute it.—(Hear, hear.)
The Marquis of CLANRICARDE explained that he
had not imputed blame to any parties; indeed, he had
always imagined that inquiry would be instituted, and
had ho still been in office he should have expressed the
some opinion as he had now.
The Earl of CARLISLE also wished to stale that he
imputed no blame to any party now or then in office,
and the only persons he found fault with were the ma-
gistrates who acted in the illegal manner that had been
represented.
Lord TRURO (who spoke with his back to the gal-
lery, and was consequently imperfectly heard) said
he had the honour to hold the great seals at the
time these transactions occurred, and in attending to a
variety of other matters ho had not given much time
to it, and had not heard the facts stated till they
were detailed in the House that night. If the ease
had been brought cfficially under his notice, as a
matter of course ho would have neticed it; and if not,
he would have been deserving of the severest censure.
But it was not in the power of the Lord Chancellor or
the Secretary of State for the Home Department to
watch all that occurred in tho newspapers. He could
not understand upon what grounds the magistrate had
been supposed open to the very severe
.censure that had
been poured upon him, and which no doubt would be
fully and eloquently detailed to the jury when the case
was brought before it. If all these facts had been true,
and that the parties were open to such public reproba-
tion, he could not understand why the petitioner had not
appealed to the Lord Chancellor or the
.Secretary of
State for the Home Department. He confessed he saw
nothing in the case to leal him to suppose that the
magistrate had not good grounds for what he did; nor
was there anything to show ho was aware of the critical
position in which the unfortunate lady was at the time
the warrant was issued. All he had to say was, that
it could not be charged against the constituted
.authorities, the Lord Chancellor or the Secre-
tary of State that they had not interfered before the
matter was brought before them in some shape or other
—that would be both impracticable and inconvenient.
He would be quite ready to concur in the condemnation
that had bsen pronounced against the magistrate if the
case tad been proved, bat he objected to condemnation
before the facts had been proved, and he must protest
against the House receiving ex parte complaints against
the constituted authorities.
The Marquis of CLAN RICARDE said on account of
the legal proceedings that had been instituted and their
subseqaent postponement, it was impoasiblo for any
complaint to have teen made, or the authorities to have
taken notice of it.
The*Duke of ARGYLL said one of the moat serious
charges against the magistrate was the delivering over
the papers of this unfortunate person to the opposite
party. The papers were given to Mr. Toulmin Smith,
and, so far as he could understand, were still in his
possession.
Lord TRURO supposed these paptrs had been im-
pounded in order to be produced before the grand jury.
Lord BEAUMONT said the papers were not im-
pounded, but handed over to the prosecutor. That was
the information he had received. He begged to ask
whether it was the intention of the Noble Earl (Derby)
to recbmmend to the Secretary of State for the Home
Department to make inquiries in order to procure the
information that had been laid before the magistrate,
Mr. James, on which he had issued his warrant, and on
which it had been served and executed?
The Earl of DERBY—I have no intention of taking
any steps in the matter, and I do not intend to recom-
mend to the Secretary of State to do so. When the case
is properly brought bofore him, I have no doubt he will
do what is right, consistently with his public duty, but it
is rot my intention to take any steps in the matter.
Lord BEAUMONT—Then I :hall make a specific
motion to bring the inquiry before your Lortishipa'
House.—(Hear, heat)
The Apprehension of Deserters from Foreign Ships
Bill went through a Committee, and was reported.
Oa the motion of Lord COLCHESTER, the Differen-
tial Dues Bill was read a second time.

The Registration of Births, Deaths, and Marriages
Bill went through a Committee, and was reported..
The Property of Lunatics Bill, the Stamp Duties
(Ireland) Bill, and the Masters in Chancery Abolition
Bill, were severally read. a third time and passed.
JURISDICTION OF EQUITY BILL.

On the motion for the third reacting of the Improve-
meat of the Jurhdiction of Equity Bill,
Lord TRURO said the present session would be emi-
nently distinguished beyond all others by the efforts
which Parliament had made to improve the jurisdiction
and the administration of the law. It was remarkable
for having instituted a fuller inquiry into the common
law than had taken place since the time of Edward 111.
The improvements embraced extensive alterations in
every department of the administration of justice, and
it was desirable that they should be as perfect as pos-
sible. The L-gal Commission which sat in 1850 had
presented its report on the 27th of January in the pre-
sent year, and on the 27th cf February just one month
afterwards—he had retired from office; and that was, he
thought, a sufficient justification for his not having laid
any measure founded on that report on the table of the
House. It was only very recently that the present Bill
had been matured and produced by his Noble and
Learned Friend, and if they looked at the progress that
had since been made in these legal measures, it would
prove the great desire that existed in that House to pass
these measures into law during the present session.
Lord URANWORTH expressed his entire approval
in what had fallen from his Noble and Learned Friend,
and believed that on the whole these measures would
contribute very materially to the improvement of the ad-
ministration of justice. It was quite true that the re-
port of the Chancery Commissioners was not made
until immediately before the meeting of Parliament, and
consequently there was not the same opportunity of con-
sidering the subject as the common law report. It was
scarcely a fair ground of complaint that that measure
did not go the full extent that might have been antici-
pated, but he trusted, at least, they would disabuse the
public mind of what he believed to be a vulgar prejudice,
that the persons connected with the administration of
the law had a feeling which prompted them to resist im-
provements in their particular profession, It was his in-
tention to move that the 50th clause of the Bill be
omit!ed, because it went against the wholft scope and ten-
dency of the Bill. It directed that certain books of ac-
counts should be admitted as prima Jacie evidence of the
maten:s, although, according Ito the ordinary law of the
land, they cluld not be received as evidence.
Lonl TRURO fully agreed with his Noble Friend in
thinking that the clause should be withdrawn.
The LORD CHANCELLOR readily admitted that
the clause in its operation would be very doubtful. This
Bill passed through examination by a select number of
Members of their Lordships' House; and he (the Lord
Chancellor) was not at liberty to withdraw the clause
without their sanction.
The motion was then negatived by consent, and the
Bill was then read a third time and passed.
TURNPIKE-ROADS (IRELAND) BILL.
This Bill was read a third time and passed.
COPY.EIOLD ENFRANCHISEMENT BILL.

On the motion of the LORD CHANCELLOR, Lord
Brougham was added to the Committee to which this
Bill has been entrusted.

Their Lordships then adjourned to Thursday, 3d of
Juno.

HOUSE OF COMMONS, May 28.
The SPEAKER took the Chair at Four o'Clock.
PRIVATE BUSINESS.
The Lords' amendments to the Somersetehire Central
Railway Bill were agreed to.
The Asthall and Buckland Road, and the Oxford,
Worcester, and Wolverhampton Railway (No. 1) Bala
were read a third time and passed.
The following Bills were considered and agreed to:—
Commercial Gas Company and British Gas Light Com-

_
pany.
Wedmore Road.
Adams's Estate Bill was read a second time and ordered
to be committed.

ROYAL COMMISSION.
The Usher of the Black Rod appeared at the table,
and summoned the House to attend at the bar of the
House of Peers, to hear the Royal assent given by Com-
miswshioinchtoseseayLeroardl
Lords'
report).ublic and private Acts (for the names
of
PETITIONS.
Mr. DUNCAN presented a petition from a place in
Scotland against the Maynooth grant.
Mr. HARDCASTLE presented a petition from the
Master and Wardens of the Brentwood Grammar School,
praying that the Attorney-General may be called upon
to explain the grounds upon which he had compromised
their claim upon the late head master. •
Mr. SPOONER presented a petition from various
places in Warwickshire praying for an inspection of
religious houses.
Mr. BANKES presented a petition from a place in
Dorsetshire, praying the House to step in and put an
end to the Peruvian monopoly in guano.
DUTY ON CARRIAGES.
Sir DE LACY EVANS wished to know if the
Chancellor of the Exchequer could hold out any hope
of the duty on carriages being abolished?
The CHANCELLOR of the EXCHEQUER said it
would not be in his power to propose any remission of
taxation, Isowever triflirg. this session.
PUNISHMENT OF CRIMINALS.
Mr. CARTER ,wished to ask the Secretary for the
Homo Departmen, if he was aware that men above 30
years of age, married men, and fathers of families, are
subjected to the degradation of whipping, as part of
their punishment, on conviction of larceny or other
petty offences;
and, if there is any law or statute the
intent of which was to authorise county magistrates to
Whet the lash on such persons of mature age?
Mr...WALPOLE was aware that by the statute of.