The Sun.
London, England, 1839-04-26 00:00:00

IMPERIAL PARLIAMENT.

ROUSE OF LORDS, APRIL 25.
The Earl of SHAFTESBURY took his seat on the Wool- ,
sack at ten minutes before Five o'Clock.
The Bill on the Table were forwarded a stage.
Sir G. STRICKLAND and others brought up several
private Bills from the House of Commons.
Lord RADNOR presented petitions from Throg-
morton-street and several other places, in favour of the
penny postage.
Lord WHARNCLIFFE presented a petition from
a place in Lancashire, against any national system of
education not in connexion with the Established Church.
The Duke of RUTLAND presented a petition
against any alterations in the Corn-laws.
A NOBLE LORD presented a petition from Yarbo-
rough and Horncastle, praying for the adoption of a
penny postage.
Lord ALBEMARLE presented a petition from St.
Lawrence, in favour of the adoption of a penny postage ;
also a petition from the bankers, shipowners, and others
of Great Yarmouth to the same effect.
The:Earl of SH AFTESBURY:presented a petition in
favour of a protection in the Church in the Colonies.
The Duke of RICHMOND gave notice that to-
morrow he should move for certain returns of prisons
which in his opinion would show the great importance of
having a uniform and efficient administration of the cri-
minal laws of the country. It had been usual for Ma-
gistrates to commit prisoners for trial to adjourned ses-
sions in counties, for very small offences. In the
course of the last Assizes for the county of Sus-
sex, the Judge who went on the Assizes discharged
certain prisoners because of the absence of witnesses
who had been bound over to appear at the subsequent
Quarter Sessions. Great inconvenience must arise from
discharging persons who had been committed for small
offences without trial, and he (the Noble Duke) thought
that an Act of Parliament ought to be brought in for
making uniform the practice of Magistrates.
Lord BROUGHAM quite agreed with his Noble
Friend as to the discrepancy of the law upon this point,
and that nothing could be worse than that discrepancy.
At the same time he (Lord Brougham) rather thought
that it would be found, from what he had collected, that
the Learned Judge could not have done otherwise than
he did.
The Duke of RICHMOND said that in this in-
stance there was only one gaol in the county, and the
Assizes were held at the House of Correction. The
witnesses in question were bound over to appear and
prosecute at the Quarter Sessions.
Lord ABINGER said as he was the Judge who
had been alluded to he might be permitted to make
a few observations. The duty of the Magistrates
was to commit prisoners in such manner that they
might take their trial as speedily as possible after
commitment. If Magistrates had power to commit
over an Assizes to an adjourned Quarter Sessions,
they might commit from one adjourned Sessions to
another for six months. The general rule was that
the Judge should discharge the gaol, particularly
of all the prisoners whose names were in the Calendar.
In this instance the name of the prisoner was is the Ca-
lendar; hewas called up by proclamation,and he felt bound
to discharge him. He thought it would be very convenient
if the Noble Duke would take this opportunity of bring-
ing in a Bill to govern the practice, leaving no discretion
to the Judges whatever.
The Duke of RICHMOND said on this occasion
there was a difference of fact between tire Noble and
Learned Lord and himself. According to the informa-
tion which he (the Noble Duke) had received, the pri-
soners to whom he alluded were not in the custody of
the Sheriff at all, but in the custody of the keeper of
the House of Correction, and his motion was for a re-
turn of those only whose names were not in the Calen-
dar. His object was, that there should be a uniform rule.
The Noble Duke finished by saying that he wished the
discussion to come on to-morrow, on moving for the

returns.
Lord DENMAN said there was a difference of
opinion on the subject, and the Noble Duke would do
great service to his country by bringing in a Bill to
settle the question.