The Sun.
London, England, 1830-12-01 00:00:00

namely, that every man resolved upon such a course,
Should give security that no other man should suffer by it'
This was one of the occurrences to which he,haid, alluded,
when he tat their Lor'lshipa that there were evils under
the exiatiug system far worse than any which had been
foreboded from cheap law. The beueficial results of the
power with which he thief proposed to invest Judges,
would be most felt, as their Lordships, he 'was sure, would
see, in oases where there was not a single fact in doubt.
These it was manifestly absurd to semi to i jury; and
401,
it was, in all respects, most desirable t ' such eases
should be decided by the Judge. To 6 ridges, there-
fore, be proposed to give this pnwer,— lloWine, how-
ever, at the same time, either of the parties to put such it
case upon record. He would state one case to their Lord
ships which would illustrate this part of the subject. Ti
Noble and Learned Lord then proceeded to state the facts 6
the case " Garland v. Jekyll," in which the Only question
to be tried was whether 'Mr. Jekyll should ply 20 her

or one. There could be no doubt on the faeti of the case,
for none were disputed. The case, hoWiver, went to
trial, and witnesses from a considerable distance were pro.
duced upon it, at a great
.expense to the 'parties. The
cause remained undecided from the time in 'which he was
counsel in the Court of Common Plots, alMost up to the
period in which he ceased to set in it as LOrd Chief
Lice. If the Bill which he now proposed to their Lordships
had been in force at that time, what would' hive been the
consequence? That the whole matter to be tried would
have been formed into a case, or that a special verdict,
would have been framed for the ()pink n'of the Court, end
thus the cause wouidhave been over in less months than it
was years, end at an expense proportionably less to OW
parties. The Nal& Lord then proceeded to observe, that
hitherto the advent: re' derivable from his'Bill were all on
the side of the rip' wept . that in diminishing his
vests, it would diminish the costs of the
defendant. Bu ad taken away the usual
means by wide: rated in the prosecution of
suite, and us be - in many cases, 'where a debt
was due, and whe, • possession of premise' was de-
manded, it might he ettendel with ruinous consequence*
to the defendant to be compelled either to pay the debt
immediately, or to surrender poesession of the premises
claimed, he had added a clause to his Bill to this effect—.
that if the party came in, either'on receiving notieeof
action or on receiving the bill of particulars of the
"Minaret demand, and said, "I admit the debt► but I can-
not,
pay it iiiimediately," or "I admit your claim to the
premises, but it will ruin me to quit them instantly," the
Judge should be enabled..—liable 'always to the revision. at
she Court—to give him a space of time, not exceeding three
months, to pay the debt, or to surrender the lands in,
security being given in both cases for the payMent of the'
debt, and for the surrender of the premises within time
elliotted time. Hie reason for inserting such'a clause into
hie Bill was simply this---suppose e man to be carrying on
a business beneficial to himself and family on lands not
Ixgally belonging to him—if he were called upon to give
tees the lands inimedbately, he must give up the trod& with
it, awl might in consequence he instantly ruined. So,
too, if a man were called on to pay a debt instantly, which
lie honestly admitted to be due, the results might be moat,
rjudicial to him, if compulsory measures, wore to follow
atiltastly after his adnaletion of it. The knowledge of the.
frequent occurrence of circumstances like these, pitipplied an
excuse for the employment of sham pleas. lie therefore
proposed to give the Judge the power of &sing directly for
the parties without expeose, that which any. ono could
not des indirectly but at au immense ultimate expense, both
to the plaintiff and to the de(enilant. lle had only one
other clause to trouble their Locelzhipe with, and then
e_
they would have heard all that his Dill iPtens_ dto
taceompliala Time Isw of England is different from the
law at all civilized nations in one point, and he could not
help thinking that the mere occurrence of, that fact wee
strong prima lode evidence that they were right, and that
we were wrong, especially as that point did not turn,on
Any peculiarity in our institutions, or in the constitution
Of society among us. In caves where such peculiarities
existed, be admitted that the rule of one country was.not
a fit rule for soother ; but in general, net .otherwise, by
the law of England, if an action he brought ky one man
spinet another for the recovery of lands of whiah the
party in poseession bona fide believes himself to he the
right owner, and upon which, in pursuance of that be,
lief, he has erected buildings and made perinanent inti
provemente, the plaintiff, on regaining possession of his
lands by judgment of law, takes possession not only of
them, but also of any buildings or persnanent , improve•
ments e.metrueted thereon. lii. Noble and. Learned
Friend on the Woolsack, in consequence of earner discus-
oession which ball tea:emit, taken place before guar Lord-,
ships in their judicial eapacity, was aware that this was
not the law of Scotland. It wile not the Roman Isw—it
MO not the law of France—nor of Hohlatidee.nor of Spain.
It was not, lie believed, the law of any ationtry in time
world, except England. In all countries, where property
was in the bends of a party who honestly betierieiL
himself the owner of it, he was not compelled to
give it up to the legal owner, until 1w had been paid for
the improvements which he had made upon. it, or until
1w had taken theta away, leaving the lands io.e good a
bitato to they were before the improvements were made.
This was founded on the first low of morals, as laid down
by the brat ileatben and Chrienau :moralists. lie sub-
mitted that our law ought to be altered, and that it should
be enacted, that where property was revoverui from a
party who thought hinted( the bona fide oivnar, alad• who
had expended money in the improvement of it, the Judge
should be empowered to suspend the execution of the judga
atent until lie had taken away the improvements, mid left
the land in as good rendition as before, or anti) the party
who, having become, io• the language of 'the civil law,
locupictior, should, pay to bias leech sum as an arbitrates
indifferently appointed should think fit. lie wee afraid
shot he should not be so fortunate a* tag satisfy their Lord.
ship that all time change* which he proposed to make
were correct; still if ha could improve in any nowt the
Jew of his country, to which Lie life had been devoted, he
should consider himself to have done ADM service. ile
should now proposes that his Bill he read a first time, and
printed. Ile might, perhaps, propose to read it a second
time before the siljournmeut, and to have it committed
after the recess. In that interval he might have the ate
siatance of some of the Learned Judges, who were now
engaged on more important matters, but who bad promised
to communicate with him on the subject.
Lord TENTERDEN said, that it was not his intention
to advert on the present occasion to time different topics to
which his Noble and Learned Friend bad alluded in his
able and excellent speed', much lee to meet them with
any opposition. He should give his hest attention to tiiia
Bill, or to such parts of it AS is his judgment he should
consider to be improvements its the etieting law. fie
only rose on the present omission to prevent it from' being
supposed that lie assented to the Bill by letting it pasts by
in silence. There were some points in the Bill with
which at present he could not agree : but he would take
time to consider it more maturely before he gave a de-
cisive opinion upon it.
The LORD CHANCELLOR. concurred with what
had fallen front the Lord Chief Justice on this very iin-
portent proposition of his Noble and Learned Friend. Un-
doubtedly his Noble and Learned Friend had gone over a
large space; and time changes which the Bill would make
in the law were neither slight nor unimportant. lie there-
fore agreed with the Lord Chief Justice in thinking that
their Lordships should have full time for consideriug the
Bill now proposed to them. The last point to which his
Noble end Learned Frioni tad alluded in Ida speech was
&lie most difficult of ellea.lis toeing the plan for enabling
parties to recover the value of the improvements which
they had made on lands, in eases where they had believed
themselves bona fide to bet, the rightful possessors, The
difficulty in all such cosies. was as to the bona fide possee
m,sion awl the civil law did not merely give to tlitebono
fide possessor the value of his improvernente—it gave
bins the freetie proatii. his Noble and Learned Frierel
might perhaps intend tar interfere with else auction for the
reoevery of inesne profile.
Lord W YNFORD said that he bad no intention 4
the sort.
The LORD CHANCELLOR then proceeded to ex.
plain the principles of the Civil Law as they affeeted this
question. Ile cortcholed by repeating his conviction, that
time should he allowed to weigh the changes which title
Bill would snake in the law. especially tie some of its
Elamite were neweltiee, and utilike the majority of them,
which were retionitnendations from the Commissioners.
Lord WYNFORI) said Int should consider corms town
by the party against whom the judgment was given ate a'
species of otoblements, and theulti leave the party recover.
ing the lands to take it upon such terms aim the Judger
might think proper.
The Bill was read a first time, and ordered to be printed. I
The House then adjourued.

HOUSE OF COMMONS, Nov. SO.
lo Gallery was not opturtl till Ilatf.puwt Four o'clock.

NEW WRITS,
For the County of Montgomery, in the room of the
Milks Hsu. Chula Wittltin Williams Wynn, FlecrelarY at
War.

For the City of Chester, in the room of the Right lion.
itobert Groevenor, Comptroller of his Majesty's Houeehohl,
For Preatoo, in the room of the Hight Hon. Edward
Geoyfroy Smith Stalky, Chief Stereury to the Lord Lieu-
went of !Maid.
The, WEAKER infortuoil tho !foot* Hitt the retog.