The Sun.
London, England, 1837-02-18 00:00:00

peered to think that he ought therefore to have given the
Hon. Gentleman personal notice. He was not aware that
such a,circumstance rendered a personal notice necessary.—
( Hear, hear.) What he did was this : he gave notice of his
intention to the House, and he did think this was sufficient no-
tification to the Hon. Gentleman of his intention to bring
the question forward. He did not think he had exhibited any
want .of courtesy towards the Hon. Gentleman ; but if he
had, he begged to assure him that he had not intended it. He
hoped the Hon. and Learned Gentleman would allow the Bill
to be printed, so that the clauses which had undergone change
might have due consideration.
Sir W. FOLLETT asked whether the Hon. arid Learned
Gentleman intended that the new clauses should he printed ?
He thought the one before the House was calculated to increase
the evil it was intended to remove.
The ATTORNEY-GENERAL assured the Hon. and
Learned Gentleman that his opinion must be the result of not
understanding the clause.
Sir W. FOLLETT—That is an additional reason for the
printing of the clause.
Sir R. PEEL said the printing of the clause need not
delay the Bill a single hour.
The ATTORNEY. GENERAL would consent to the
printing of the clause.
The report was then brought up ; after which
The ATTORNEY-GENERAL would have all the clauses
printed.
Lord G. BENTINCK moved the following clause :
" And be it enacted, that where any house, warehouse, count-
ing-house, or shop in any borough shall have come to any
person by descent, marriage, marriage settlement, devise, or
promotion to any benefice or office, such person shall be
entitled to rate the occupancy and rating in respect of the
occupancy thereof, by the person from or by whom such
house, warehouse, counting-house, or shop shall have so
come to him, as his own occupancy, and rating conjointly
with the time during which he shall have since occupied and
rated for the same, and shall be entitled to be enrolled a
burgess in respect of such successive occupancy and rating;
provided that since such house, warehouse, counting-house,
or shop shall have so come to any person by descent, mar-
riage, marriage settlement, devise, or promotion to any be-
nefice or office, such person shall have been an inhabitant
householder, and shall have been rated either in his own
name. or in the name of his predecessor, to all rates made
for the relief of the poor of the parish wherein such pre-
mises are situated, and shall have paid either by himself or
his predecessor on or before the last day of August in such
year all such rates, including therein all borough rates (if
any) directed to be paid under the provisions of the said re-
cited Act, except such as shall Ifave become payable within
six months next before such last day of August."
The ATTORNEY-GENERAL saw no objection to the
clause.

______
It was read a first and second time, and added to the Bill.
Mr. SC A R LETT rose to move a clause to provide for the
election of aldermen. The present mode of electing alder-
men appeared to him a violation of the principle of the Bill.
Ile proposed that they should be elected by the burgesses at
large. Un4er the present system, persons rejected as coun-
cillors were frequently elected as aldermen : thus the least
worthy were suffered to obtain the place of the greatest dig-
nity in the corporation.
The ATTORNEY-GENERAL was not disposed to give
an opinion as to what might be the effect of the clause pro-
posed by the Hon. and Learned Gentleman, but it was one
which would make a considerable alteration in the Bill. He
suggested to the Hon. and Learned Gentleman the propriety
of bringing in a Bill upon this subject.
The House then divided—
For the clause ..
Against it 93
Majority —s9

Mr. SCARLETT moved the addition of a clause em-
powering the Town Councils, in all cases where they had the
appointment of one Sheriff, henceforward to have the nomina-
tion of two Sheriffs. Ile suggested that the election of She-
riffs would be in the same way as that of Aldermen.
The ATTORNEY-GENERAL said that, as to the elec-
tion of Aldermen, the mode proposed by the lion. and
Learned Member might be quite as good as that established
by the present clause; but in regard to the election of Sheriffs,
be had no hesitation in saying it was much better, as regu-
lated by the present Bill, than it would be if the alteration
proposcd were adopted.—( Hear.) The Municipal Corpora-
tion Commissioners had in their Report pointed out the various
evi!s which had arisen from having Sheriffs under the old plan.
Iu Berwick-upon-Tweed there had ben five Sheriffs.—
( Laughter.) It might be better to have five or three than two
Sheriffs.—( Hear, and laughter.) If there were to he unifor-
mity in everything, why not have two mayors or two town-
clerks as well as two Sheriffs.—( Laughter.)
• Mr. SCARLETT observed that no instance could be
shown of delay or inconvenience arising from having two She-
riffs in a Corporation.
The clause was then negatived without a division.

Mr. G. FINCH rose to propose the addition of the follow-
ing- clauses:—" And be it enacted that nothing herein or in
the said recited Act contained shall prevent the levying and
collecting of any rate by the Town Council in any such bo-
rough or place in the said recited Act mentioned, for the pur-
pose of paying any debt chargeable upon the rates of any bo-
rough or place contracted before the passing of this Act or the
said recited Act, or the interest of any such debt ; but that such
rate shall and may be levied, collected, and appropriated by the
said Town Council in the same way and manner, and as any
justices of the peace or body corporate might have so levied,
collected, and appropriated the same, if this Act or the said re-
cited Act had not been passed."—" Provided, that where any
liberty and borough have conjointly raised any sum or sums of
money, of the interest of which they are respectively bound to
pay a proportionate part, and the borough, in consequence of
having no separate quarter sessions, has been incorporated with
the liberty, and is liable to be assessed as part'of the liberty,,
the borough shall not be liable to be rated towards the payment
of that portion of the debt for which the liberty before the pass-
ing of the Municipal Corporation Act was solely responsible."
The object of these clauses was to remedy a serious incon-
venience that had arisen, in consequence of the passing of
the Municipal Corporation Act, in the borough of St. Albans.
A Reverend Gentleman had lent the Corporation a large sum
of money for the purpose of erecting a court-house. The
borough had obtained an Act of Parliament for this purpose,
and under the provisions of the Act of Parliament the Borough
rates were mortgaged for the payment of the interest on the
sums thus raised. This Act of Parliament was superseded by
the general Act for the regulation of Municipal Corporations,
and the consequence was, that this Rev. Gentleman was de-
prived of a portion of the interest on the money which he had
advanced to the borough.
The ATTORNEY-GENERAL felt bound to oppose the
clause, declaring at the same time that he had no doubt that
this gentleman would and must be paid.
The SOLICITOR-GENERAL thought that the intro-
duction of such clauses would have the very contrary effect
to that of settling disputes such as that alluded to. A court
of law was the proper tribtinal to inquire into and settle such
questions.
Mr. FINCH, seeing the clauses were opposed by the
giants of the bar, he might say the Gog and Magog of the
bar—( A laugh)—would withdraw them. He could not, how-
ever, help expressing his regret that the clauses had met with
such opposition.
Mr. GOULBURN said that if the Municipal Act had
not passed, this individual would not have suffered the injus-
tice complained of, and the borough-rate would still be sup-
plied to the payment of the interest of the debt. That
House was bound to remedy an injury.which they had them-
selves caused.
The ATTORNEY-GENERAL begged to observe, that
the Municipal Act did not in the slightest degree restrain
the payment of this debt. Tho only question was, whether
it should be paid by the borough or the liberty, and the Court
of King's Bench was the proper tribunal to determine that
question. •
Mr. A. TREVOR said that this individual had lent his
money to the borough on the faith of, an Act of Parliament,
and he would like to know what faith could be placed in Acts
of Parliament, if the money thus advanced were not paid?
Mr. O'CONNELL wished to know whether they were
asked to do justice to the borough or the liberty? Until the
dispute between them was settled, it was impossible for that
House to interfere to any good purpose.
Sir T. FREMANTLE said that it was admitted that the
debt in this instance was due, and the only object of these
clauses was to place the saddle on the right horse.
After a few words from Mr. JERVIS and Mr. FINCH, the
clause was negatived without a division.
Mr. H. lIINDE moved the addition of the following
clause :—" And be it further enacted, that all hospitals for
the maintenance of aged and decayed freemen, their widows,
or daughters, which have heretofore been supported out of the
Corporate funds of any city or town, shall continue to be sup-
ported out of such Corporate funds ; and that so often as any
vacancy shall occur in any such hospital, the same shall be
filled up within three calendar months, by the Mayor, Alder-
men, and Council of the city or town in which such hospital is
situated ;" provided always, that no part of the expense of
such hospital shall be defrayed out of any borough rate, or out
of the produce of any tolls." As this clause was so altered as
to meet the objections made to a former clause having the same
object, he hoped it would be agreed to
The ATTORNEY-GENERAL opposed the bringing up
of the clause.

Mr. Burdon, Mr. Robinson, and Mr. Pryme opposed the
clause, and Mr. A. Trevor supported it.
The Gallery was cleared for a division, but none took place,
the clause having been withdrawn.
JUDGES' OPINIONS BILL.

Sir E. WlLMOTmoved the second reading of this Bill,
the object of which was to give increased facilities for'the
early obtaining the Judges' opinions in doubtful cases in Quar-
ter Sessions.

The SOLICITOR-GENERAL thought the country
was much indebted to the lion. Baronet for having brought
forward this Bill.

Mr. O'CONNELL suggested that the Bill had better be
left to the law officers of the Crown, in order that it might
be efficiently carried out.
Sir E. WILMOT should be most happy if the Solicitor-
General would take the charge of it.
The SOLICITOR-GENERAL acquiesced.
The Bill was then read a second time, and ordered to be
committed on Wednesday next.
• REGISTRATION OF VOTERS BILL.
On the motion,of the ATTORNEY-GENERAL this Bill
was read a second time, and ordered for Committee on Mon-
day se'nnight.
FICTITIOUS VOTES (SCOTLAND) COMMITTEE.
Mr. HORSMAN moved that Mr. Divett's name be sub-
stituted for that of the O'Connor Don on this Committee.
Major C. BRUCE opposed the motion. •
Mr. WARBURTON and Mr. F. NIAULE supported the motion,