The Sun.
London, England, 1837-04-15 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, APRIL 14.

The Earl of SHAFTESBURY, Lord BROUGHAM, and the Mar-
quis of CHOLMONDELEY sat to-day to hear Scotch Appeals.

THE INCORPORATION OF TAILORS V. COUTTS.

The facts of the case, as well as we have been able to collect
them from the great mass of papers and the statements of the
Learned Counsel, appear to be these. Many years back the
Incorporation of Tailors of Aberdeen being the proprietors of
the lands of Crabeston in that city, resolved to let them
for the purpose of the improvement of that town for the
erection of buildings. Upon coming to that determination the
Incorporation drew up certain regulations as to the style of the
buildings and the different erections to be made, which every
person who rented the -land was to be bound to carry into
effect. In 1823 part of the property was let to a person of
the name of Nicol, a builder, and a charter was granted by
the Incorporated Tailors which gave that individual the pos-
session of the land. That charter was drawn up by a Mr.
Allan, who, together with the respondent, were the joint
clerks and assessors of the Incorporation, and it was cor-
rected and settled by the respondent. That charter, it
was alleged by the appellants, did not contain many
of the regulations required of the Incorporation ; and it was
further asserted that they bad been purposely omitted by the
respondent, he having at the time he drew it up contempla-
ted the purchase of the property himself. Nicol entered into
possession of the land and built upon it, but before those
buildings were completed he became a bankrupt, and the re-
spondent purchased the property from his trustees. Proceed-
ings were then taken in the Courts of Scotland for the purpose
of compelling the respondent to perform the stipula-
tions required by the Incorporation of Tailors, al-
though they were not mentioned in the grant. On
the case coming before the Court of Session, it was de-
cided that the respondent was only bound to perform the con-
ditions contained in the grant, and that the clauses which it was
said had been purposely omitted were not effectual for the
purposes for which they were intended. From this decision
the present appeal was brought.

The ATTORNEY-GENERAL concluded to-day the opening
which he commenced yesterday on behalf of the appellants,
and Dr. LUSHINGTON followed on the same side.

Mr. STUART addressed their Lordships on behalf of the
respondent, and had not concluded when their Lordships ad-
journedduringpleasure._

- 'The further bearing of the case was postponed to Thursday
next.

In the absence of the LORD CHANCELLOR, Lord SHAFTES
BURY took his seat on the Woolsack at Five o'Clock.

Several private Bills on the table were advanced a stage.
Lord BE XLE Y presented several petitions in favour of
Church-rates.

Lord KING presented a petition from a parish in Surrey
praying for amendments in the new Poor-law Act.

Lord POLTIMO RE presented petitions from East Put-
ney, and from parishes in Devonshire, against Church-rates.
Earl BROWN L O W presented petitions in favour of Church-
rates from places in Lincoln, Lancashire, and Warwick.
Lord K ENYON presented similar petitions from North-
amptonshire.
The Preston Railway Bill was then read a first time.
The LORD CHANCELLOR then took his seat on the Woolsack.
The Duke of BliC CL E LTG H presented a petition from a
parish in Northamptonshire in favour of Church-rates.
The Bishop of HERE FORD presented similar petitions
from parishes in Hereford.

The Duke of WELLINGTON presented similar petitions
frm the Clergy of the Deanery of Dereham, and from
Broadnall.

MESSAGE FROM THE COMMONS.

Messengers from the House of Commons brought up the
Licensed Victualiers' Assurance Company Bill.
The Bishop of ROCHESTER presented petitions in favour
of Church-rates from West Bromwich, Gravesend, and from
the Clergy of the Diocese of Rochester.

The Duke of NORFOLK presented petitions agains'
Church-rates from Horsham, from the Baptist congregatioi
of the same place. and from parishes in Yorkshire.

The Bishop of CARLISLE presented petitions in favour
of Church-rates from Sevenacre, and from places in Cumber-
land.

MUTINY BILL.

On the motion of Lord SHAFTESBURY, the Mutiny
Bill, and the Marines Regulation Bill, were read a second
time. —To be committed on Mo.nday.
C BURG RA-TE S.

Lord BROUGHAM presented petitions in favour of the
abolition of Church-rates from Coventry, signed by 1,056 per-
sons, amongst whom were 11 magistrates ; another from Lin-
coln, signeciby the mayor and inhabitants ; alto from Huntngdon,
Whitehaven, Uxbridge, Shrewsbury, from the Lord Provost
rulci inhabitants of Perth, and from Kinross. The Nobly
Lord then observed that he was he believed not the only
Member of their Lordships' House who was awkwardly si-
tuated in consequence of applications made to him from cor-
porate towns, in order to have clauses inserted in the Nlunici.
pal Act Amendment Bill, which hed many salutary alterations
amongst its provisions. The applications to which he alluded
occurred in consequence of the parties not having suggested
them in time to be considered in the other House; but
several of these clauses he considered were money clauses,
over which they had no control ; he would, homever, move
that they be printed, and then it could be considered if they
were money clauses or not.

The Duke of WELLINGTON said that it was one thing
to make a proposition, and another to have it supported ; he,
however, had no objection to the proposition.
Lord ABINGER then said that he hoped to hear from his
Noble Friend (Lord Lyndhurst) on Monday, and to fix Fri-
day next for the second reading of the Bill.
Lord HOLLAND presented petitions in favour of the abo-
lition of Church Rates, from places in Cheshire, Hants,
Abe-
restwyth, and Bethnal Green.

Lord HA DDINGTON said that a Noble Lord had moved
for a return of the number of petitions presented for and
against the Irish Municipal Bill. Now, with the permission
of their Lordships, he would move for a return of the
number of petitions presented in favour of new Corpo-
rations in Ireland, distinguished from those which—in
praying for this—extended its prayer to other objects.
The Bishop of LL AND A FF presented petitions in favour
or Church-rates from the inhabitants of the county of Glamor-
gan; from Merthyr, Mawr, St. Asaph, and several places in
Glamorgan and Warwickshire; also from the clergy of the
Archdeacoriries of Wilts.

Lord BROUGHAM then presented a petition from a place
in Glamorganshire, which was signed by 95 out of 150 rate-
payers resident there.

The Bishop of LL A NDA FP stated that the meeting from
which the petition he presented frons Glamorganshire was
very fully and respectably attended, and that the most enthu-
siastic feeling prevailed there.
Lord WITARNCLIFFE presented petitiiins in favour of
Church-rates, from places in Yorkshire ; and one from Not-
tingham, which was signed by 600 ladies, and he felt great
pleasure in being selected to present it.
JURIES (SCOTLAND) BILL.
The LORD CHANCELLOR moved the second reading
of this Bill, and said that the purpose was to assimilate the'
law of Scotland to that of this country.
Lord MANSFIELD doubted whether the Bill was ne-
cessary, or whether it was one of which their Lordships
should approve. It would be a great advantage to the people
of Scotland if their decisions were revised as in Eng-
land ; for he believed that impartiality was not the in-
variable characteristic of the Juries of Scotland. He hoped
their Lordships, therefore, would not give their sanction to
the Bill without considering well what its probable results
would be.

Lord BROUGHAM supported the Bill. He contended
that there would be no interference with the jurisdiction of
that Rouse ; it merely revised the judgments of the Courts
below, and rendered more explicit some clauses in a previous
Act.

The Bill was then read a second time, and ordered to be
committed on Monday.

AFFIDAVITS (SCOTLAND AND IRELAND) BILL.
The LORD CHANCELLOR moved the second read-
ing of this bill, the object of which was to give the Lord
Chancellor in Ireland, and a person to be appointed for that
purpose in Scotland, the power of taking affidavits, and
thereby diminish the trouble and expense incurred in many
cases by requiring the attendance of persons residing in
these countries. He did not anticipate any opposition to the
Bill.

After a few words from Lord BROUGHAM in favour of
the measure, the Bill was read a second time, and ordered to
be committed on Monday.
Lord BROUGHAM presented a petition from Cornwall
in favour of the Ministerial Church-rate Bill.
The House then adjourned to Monday.

HOUSE OF COMMONS, ATRIL 14.
The SPEAKER took the chair at the usual hour.
Mr. MOSTYN presented petitions from Denby and Flint
in favour of the Chester and Crewe Railway.
On the motion of Mr. STEWART, the Waterford County
Rate Bill was read a second time, and ordered to b© com-
mitted.

Sir 0. :MOSLEY presented a petition from Chester in
favour of the Chester Junction Bill.
Mr. SC HOLE FIELD moved the second reading of the
Fishguard Harbour Bill, and presented petitions in favour of
the same.

Mr. JOHN JERVIS brought up the report of the Com-
mittee on the Chester and Crewe Railway Bill.
On the motion of Sir G. STRICKLAND the Barnsley
Waterworks Bill was read a second time. The Hon. Baronet
:also presented a petition from the Earl Cadogan against cer
lain parts of the Leeds Waterworks Bill.
Mr. TURNER presented a petition from George Turner
and Thomas Greenwood against the Holme Reservoir Bill.
Mr. FITZSINION presented a petition from the trustees
of certain turnpike-roads against the Dublin and Drogheda
Railway Bill.
Mr. WA K LEY presented a petition from an individual re-
siding at Islington, complaining of some mis-statements that
had been made by parties before the Deptford and Dover
Committee.
Mr. LISTER presented a petition from Bradford, against
the Poor-law Amendment Act ; and also a petition from the
vitae place, in favour of the abolition ..)f Church-rates.
Mr. G. LANGTON presented a similar petition from
S. •mereet.

; lir J. BECKETT presented several petitions against the
ahol,*tion of Church-rates.
Mr_ MAUNSELL presented a similar petition from the
Dean and Chapter of Peterborough.
\fr. MAUNSELL also presented 15 other petitions against
the ab olition of Church-rates.

Mr. L A WSON presented five petitions from places in the
West i tiding of Yorkshire, to the same effect. Also, a peti
tion ag, rintit the Poor Law Amendment Act.