The Sun.
London, England, 1837-02-11 00:00:00

THE SUN, LONDON, SATURDAV, FEBRUARY 11, 1837.

13ishoprick in Wales, unless he was acquainted with the
Welsh language.—(He.lr, Lear.)
STAFFORD BOROUGH.
Captain CH ETWYND gave notice of his intention
on Monday next to move that a new writ should issue
for Stafford in room of Sir H. GOODRICHE, who
some time ago bad vacated his scat for that borough.
Mr. Div Err gave notice of his intention when the
motion of the Honourable Member came before the
House, to wove as an amendment that the writ he
suspended to the end of the present Session of Parliament,
Mr. lIINDE wished to know if it was the inteution of
the Member for Exeter to follow up his motion for the
suspension of the writ, by asking leave to bring in a Bill
to disfranchise the borough.
Mr. DIVETT felt it would be inconvenient to state
what might be the course be should follow. He thought
it sufficient now to intimate his intention to move for the
suspension of the writ.
REGISTRY OF VOTES (IRELAND.)
Mr. F. FRENCH seeing the Noble Lord the Secretary
fur Ireland in his place, wished to know from him
whether it was the intention of Government to proceed in
the Bill respecting the registry of freeholders in Ireland.
This question was twice before the House, and he believed
bad passed a second reading during the last session. He
also wished to know if any steps had been taken to pre-
vent the effects of the threatened famine in the West of
Ireland. The Noble Lord was perhaps aware that not
only were the crops in the West and North West very
short of the average produce, but in many instances the
people in that part of the country were unable, from the
severity of the weather, to save them.
Lord MO RFETH was unable to state whether or not
the Bill respecting the registry of freeholders in Ireland
would be brought forward. With respect. to the appre-
hended famine on the western and northern coasts of Ire-
land, be assured the Hon. Member the subject was under
the anxious and serious consideration of Government.
Mr. WALLACE seeing the Lord Advocate in his
place, wished to know whether the House was soon to ex-
pect a Report from the Law Commissioners of Scotland,
and if that Report was likely to contain the opinion of the
Commissioners on Conveyancing ; but .
The LORD-ADVOCATE said the report would soon
be ready.
Mr. G. F. YOUNG postponed the motion, of which he
had given notice, to Tuesday, the 14th of March.
Mr. BARING, in answer to a question from Dr.
Bowring, said that the subject of steam-navigation between
this country and Sweden was at present tinder consideration.
Mr. C. WOOD said, in answer to a question also from
Dr. Bowring, that the subject of facilitating the Post-office
communications between this country and France was
under consideration, and he entertained hopes that it would
be considerably facilitated.
Mr. LEADER moved for the return of which he bad
given notice, which was agreed to.
POST OFFICE PACKETS.

Mr. C. WOOD moved for leave to bring in a Bill for
transferring to the Admiralty the contracts and liabilities of
the contractors and agents of the packets now' under the
Post-office. _ _ _

-
Leave granted, and the Hon. Member brought in this
Bill, which was read a first time.
Mr. WILKS said he should reserve to himself the right
to oppose this Bill, as he considered the business of the
Post-office ought to be confined to one department.
Mr. O'CONNELL hoped that no delay would take

place in the passing of this Bill, as the management of the
Post-office packets was quite as bad as it could possibly be.
Mr. C. WOOD said he did not apprehend any delay or
difficulty would occur in passing this measure. A difficulty
had occurred respecting the contracts which had already
been entered' into, and the purport of the present Bill was
simply to transfer these contracts and liabilities to the
Admiralty.
The LORD ADVOCATE moved the second reading
of the Leasing-making (Scotland) Bill.
Sir G. CLERK was glad to see this Bill brought in, as
it would assimilate the laws upon the subject in Scotland
and England.
The Committee was fixed for Friday next.
COURT OF SESSION (SCOTLAND) BILL.
The LORD ADVOCATE moved the second reading
of this Bill.
Mr. WALLACE expressed his approbation of the Bill,
so far as it went, but he hoped it would not be long before
the Learned Lord would go further. Unless his Lordship
had another measure in contemplation for carrying the re-
forms in the Courts of Law in Scotland, which he thought
the provisions of the present Bill evidently showed were in
contemplation, it would be impossible for:him (Mr. W.) not
to take measures for preventingthe continuance of those abuses
which undeniably existed in the• Courer6USeSsion. 'The
people of Scotland had long and jUstly complained of the
vexatious effects of the innumerable forms existing in our
mode of procedure ; and he regretted to find these forms re-
cognised in their entire mischievousness in the schedule
of this Bill. No personal evidence was taken in the
Courts under the present system. Viva voce evidence was
entirely excluded, which irrational mode of administer-
ing justice could not possibly exist any longer. Ile
believed that there was no other Court in this or any
other country in which such a system prevailed, with the
exception of the Court of Chancery, which had been notori-
ously an exception to everything just and good—(A laugh.)
The Lords Ordinary were responsible for their judgments,
whereas in the supreme Inner Courts the Judges were in a
manner entirely irresponsible. With regard to the number
and duties of clerks, he admitted that there was a great
improvement, an'd as to their salaries, he did not mean to
make any objection. With regard to the necessity of the
Bill Chamber, he objected to it upon principle. He denied
that it was useful or proper for the performance of the func-
tions of the Court ; and although it was regulated and im-
proved by this Bill, still he denied that it was at all neces-
sary, or at all useful, to the Judicature of the country. With
regard to the Judges' Clerks, he did not think that such
officers were required at all.—(Hear.) He was bound to
say that when disabused of these offices and expenses, the
Bill remedied various inconveniences and evils which accrued
from the present system. With respect to the Court of
Session, lie had no objection to that Court making regula-
tions as to its internal management ; but he objected to its
being allowed to continue to tax the public in the manner
hitherto practised, which hack been found of a most
.in-
convenient and burthensome character ; in proof of which,
a taxing Act of that Court was now on the table of
this House, imposing the payment of fees in Sheriff Courts,
varying from 100 to 200 per cent. more on the inhabitants
of some counties than of others. He objected entirely to
acts of sederunt under their present system, and the feeling
was universal over Scotland, and must be amended. Having
referred to the schedule, he begged to call the attention of
the House for a moment to the variety of different stages
through which business in the Courts of Scotland was con-
ducted. The HOn. Member here referred to the course

of proceeding- adopted in the Supreme Court.—(Hear,
hear.) He proceeded to. read the names of the dif-
ferent forms of process;' and, as far as we could collect,
as follows :—Original petitions—petitions and complaints—
answers thereto, printed or written—condescendences and an-
swers thereto—revised condestendenees,and revised answers
—amended condescendences, and amended answers—with or
without pleas in law, printed or written—cases and re-
vised cases—supplementary cases, printed and written—
reclaiming votes—petitions and answers, printed and writ-
ten—votes to the Lord President, and answers thereto—
minutes, and answers thereto, printed and written—addi-
tional pleas in law, supplementary pleas in, law—and after
this monstrous exposure, the schedule concludes thus :
' " Each other step .or pleading in -the Inner House not
enumerated in this schedule, to be printed or written."
Similar forms of process pervade the Outer House of the
Supreme Court, only more extravagantly numerous, which
he would not detain the House by recapitulating. This
was the system of which the people of Scotland com-
plained, and justly called upon the Legislature to alter.
He begged the particular attention of his Hon. and
Learned Friend the Member for Kirkcudbright to this part
of the subject.
He could a..isure that Hon. Gentleman
that he was very much misled on this subject. The system
in the Court of Session deelaredly is, carefully to conceal
preventin the early
tie
judgesstages o
knowing f el e every cause all the main facts, and
any thing about them. He
therefore gave notice that while the Bill was in the House'
and in COmmittee, he should take every means in his power
to see that the papers were reduced in number, which would
be the only way of preventing the continuance of so ineffec-
tive and irrational a state of things. He knew the Learned
Lord was constrained by the reports of the Commissioners.
It was with regret lie stated anything differing from the
Learned Lord who brought in the Bill, well knowing
how anxiously he desired effectually to improve the judi-
calories of our country,
and confidently trusting to supple-
mentary measures, at an early period. He would reserve
his further remarks till the Bill should be in Committee.
Tee B It re'er.'ed to the report of the Law Commissioners
of Scotland. Ile ohjected generally to the reports of that
learned body, as he had done to their appointment in 1833.
He then stated to Lords Brougham and Jeffrey that he
considered it impolitic, if not unfair, to appoint Commis-
sioners to enquire into the grievances complained of in the
Law Courti of Scotland by gentlemen exclusively belong-
in; to the profession of the law, and that in Edinburgh
only. He had urged upon Lords Brougham rind Jeffrey
the justice of including in the,: Commission some per-
sons belonging to the classes who suffered under the
present system ; and however highly he respected
the individuals who formed the Law Commission, ho
did join in the almost universal feeling that. prejudice
and habit might exercise undue influence which would
have been avoided, hadithe Commission been composed of
properly selected persons from the portion. of the commu-
nity suffering by the existing state of things, instead of
being taken exclusively from those benefitting thereby,

Mr. CUTL AR FERGUSON would be glad to hear
what the plan of the Hon. Gentleman was. Let him pro-
pose it, for he (Mr. Ferguson) would like to know how the
husiness of the Court of Session could be carried on without
written pleas.—(Hear, hear.) He agreed that the length
of the business in the Courts should be reduced as much
as posSible by vice voce examination, but the examination
by, Commission was still of greater advantage.—(Cries of
" Hear.") There was a disposition to do away with
this mode of examination as far as possible, but as to abo-
lishing it altogether, he must tell his Hon. Friend that, not-
withstanding the labour he bad expended on the question,.
there were others who, perhaps, were better able to judge
of its merits than his Hon. Friend ; he would be happy,
however, to hear any observations or suggestions on the
question, and any that might be offered would receive due
consideration.—( Hoar, hear.)
The LORD ADVOCATE said he would make a •
few observations as to what had fallen from his Hon.
Friend ; and in the first place, as to the Commis-
sioners, he felt himself bound tor state his conviction that
the country was under great obligation to then' for the
manner in which they had executed the laborious duties
of their office.—(Hear, hear.) He was not aware of one
point on which the Commissioners had not discharged their
duty with ability, with integrity, and with no other wish
than to promote the public good.—(llear.) It was,
therefore, with the strongest feelings of gratitude he had
to acknowledge their labours.—( Hear, bear.) In respect
to the Bill, he was anxious that the suggestions of his Hon.
Friend, and of Hon. Gentlemen on both sides of the House,
should be heard in respect to its provisions, so that
it might pass the House in such a form, as would
render it most serviceable. His Hon. Friend, however,
laboured under a misapprehension as to viva voce evi-
dence, for he knew cases in which both pasties wished
the evidence to bo taken by commission.—(Hear.)
He hoped the House would have no objection to the second
reading of the Bill, as its principle was not disputed. The
Bill was then read a second time, and ordered to be com-
mitted on Friday next._