The Sun.
London, England, 1854-08-08 00:00:00

tended to take in reference to the Common Law Pro-
cedure Bill?
, The LORD CHANCELLOR said that the Common
Law Procedure Bill contained clauses which gave to the
courts of common law the power to decide the whole dis-
pute between parties instead of part of it being 1-i t to the
courts of equity. It was also said that it would be a
convenience if the court of equity had also power to
decide the whole question which might be raised in any
suit. Unfortunately there had been a great deal of
business pressing in the House of Parliament, and that
had postponed the Common Law Procedure Bill ; under
that state of things the Solicitor-General had intro-
duced the present measure, which, however, must con-
tain many more provisions to enable it to work.
Without professing to be too much enamoured of the
system of juries, yet when there was an issue which
required damages to be assessed, he did not feel per-
suaded that a judge of the court of equity was the most
competent to assess the damages. To manage this
1
matter will it seemed that they must leave the trial by
jury where it now was, and let issues be directed, or
they must provide means to enable the court of equity
to summon juries and try issues there. As, however,
the matter could not be proceeded with this session, he
Iwished not to commit himself by saying whether it was
the fittest that the Court of Chancery should have the
power to summon juries, or that matters should be left
decided, as at present, by issues directed to the common
law courts. He did not say that he might not come to
be of opinion that it is right to give power to the Court
of Chancery to summon juries, but he wished at present
to leave the matter open. In answer to the questions
of his noble and learned friend, he must say that he had
no power to bring forward the bill unless their lordships
suspended their resolution upon the ground that the
matter of this bill was of recent occurrence and urgency,
within the exception of the resolution. But to propose
this would not be acting in fairness to the resolution
which their lordships had come to in the month of nay
last. He trusted, however, that in a new session of
Parliament some measure would be introduced, either
the same bill as had been already introduced, or some
general measure, as to inquiring into matters of fact in
the Court of Chancery.
Lord CAMPBELL was understood to say that it
was by all means proper that the Court of Chancery
should have power to settle matters of fact by means o
juries.

THE BRIBERY BILL.
Upon the order for the third reading of this
Lord REDESDALE said that one of the provisions
of the bill was, that in prosecutions there was power to
order payment to prosecutors of the costs and expenses
that might have been incurred. He wished to know
from what fund the payment was to be ordered ?
Upon this question being put, the Duke of NEW-
CASTLE referred to the bill, and subsequently went to
consult some gentlemen who were standing near the
steps of the throne. He, however, seemed not to have
arrived at a satisfactory conclusion ; and afterwards a
conference took place of some minutes' duration between
the Lord Chancellor, the Duke of Newcastle, and Lord
Redesdale.
The matter dropped without any answer having been
given publicly to the noble lord's question.
The Marquis of CLANRICARDE thought it most
desirable that this bill should be made as perfect as pos-
sible in the prevention of bribery ; and if they did not
make it effectual, they must speedily have recourse to
some other measure, or resort to the system of the ballot.
He did not think that the proposition he was about to
make could be objected to by any person who was sin-
cerely anxious totally to put dywn bribery. It wias
clear that if they allowed to voters any payments at all,
they would open the door to bribery. Travelling ex.-
penses in some districts amounted to an enormous sum,
and there must very great difficulty in checking those
expenses. How could any man say that the paymeets
made to voters had really been spent in travelling
expenses ; and a voter might be represented as being
in the most distant part of the kingdom, and
yet he might in reality travel only 50 or five miles.
Again, it was common to charge the most expensive
mode of travelling, such as post or first class, and then
for the person to travel by second or third class. He
might be told that this mattter had been considered in
the House of Commons, and the proposition to disallow
travelling expenses had been rejected by a majority of
two to one. Again, he had heard it said that they would
disfranshise a large number of electors if they did not
allow travelling expenses—(hear, hear, from Lord Redes-
dale)—but if that were so, they must disfranchise some
voters, for they must, in fact, disqualify many voters by
bribery. The disallowing travelling expenses, and so
disfranchising voters, might be good if they had uni-
versal suffrage, but now they had a property qualifica-
tion for voters, and that got rid of the objection to a
great extent. The objection would also be further
lessened by the establishment of a sufficient number of,,
polling places, and it was necessary, in Ireland espe-
cially, that there should be more polling places. He
should propose as an amendment in the sth line of the
23d clause, after the word "shall to insert the word
"not," and to omit other words in the clause so as to
make it stand that " it shall not be lawful for any can-
didate to pay or cause to be paid any expenses of bring-
ing voters to the poll."
Lord REDESDALE objected to the amendment
for several reasons. He thought that that house ought
not, at this period of the sessions, to introduce impor-
tant amendments in a measure which had been delibe-
rately pa-sed by the other house, and for the same
reason which had induced their lordships to refuse to
read any important bill a second time. The noble duke
(Newcastle), by giving an opportunity of reconsider.
ing this question, and making this a temporary mea-
sure, had had a material effect in the determination
of the house with regard to the passing of the bill. This
clause was supported by several large majorities in the
other house, and by all the Cabinet Ministers, so that
the decision of the other house was given in an unequi-
vocal form that it was proper and reasonable to allow
the travelling expenses of voters. With regard to these
payments being bribery, if nothing more than the abso-
lute expenses were paid it was not bribery, for a man
had nothing to gain by such payments, and any danger
to the over-paying of real expenses was removed by the
appointment of the election auditor, who was to pay all
hills. He thought the amendment would lead to a great
practical disfranchisement of voters, especially in the
counties, and would certainly give an immense advan-
tage to voters in towns over those in counties.
The Duke of NEWCASTLE was glad to find that his
noble friend since last Monday had become a convert to
the doctrine he (the Duke of Newcastle) had then laid
down, that the bill so materially affected the privileges
of the House of Commons, that even at this advanced
period of the session their lordships ought to agree to it.
But his noble friend went so far as to lay it down that
their lordships were not to touch it all. He agreed with
the noble marquis that while dealing with the subject of
bribery, it was desirable to put an end to the heavy item
of travelling expenses, and if he was obliged to vote aye
or no on the amendment, he should vote that no pay-
ment for travelling expenses should be allowed. Still
there was a good deal in what had been said with re-
gard to this being a question especially connected
with the House of Commons, and though indivi-
dually he would assent to the amendment of the
noble marquis, yet he could still consistently say
that he could not assent to it, and the more so
because of the temporary nature of the bill as it now
stood. He hoped in some future bill that a clause would
be introduced making travelling expenses specifically
illegal. Having said that much, he was not prepared to
accept such an entire alteration of the law as was pro-
posed by the clause; but be thought there was a wide
difference between accepting that which was newly
made the law, and leaving the law as it now stood. He
should propose a course which he thought would be
acceptable to their lordships, and ought not to be ob-
jected to by the other house. If the amendment of the
noble marquis was either negatived or withdrawn he
should propose that the clause be omitted, and that the
question of travelling expenses should be decided when
the matter again came before Parliament.

After a conversation in which Lord Campbell, Lord
Stradbroke, Lord Redesdale, and Lord Brougham took
part,

The Marquis of CLANRICARDE said he should not
press his amendment, and it was accordingly negatived.
The question was then put that the clause stand part
of tjie bill.
The house divided—

Contents
Non-contents . 3O
Majority —26
The clause was consequently struck out.
Some other amendments were made, and the bill

STAMP DUTIES BILL.
This bill was read a third time and passed.
DUCHY OF CORNWALL OFFICE BILL.

This bill passed through committee.
PUBLIC REVENUE AND CONSOLIDATED

CHARGES (No. 2) BILL.
This bill was read a second time.
MILITIA BILLS.

The Duke of NEWCASTLE having moved the sus-
pension of the standing order against reading bills a
seoond time after the 25th of July, the Militia (No. 2)
Bill, Militia (Scotland) Bill, Militia (Ireland) Bill, the
Militia Ballot Suspension Bill, and the Militia Pay Bill
were severally read a second time.
PUBLIC HEALTH (No. 2) BILL.
This bill was read a first time.
CRIME AND OUTRAGE (IRELAND) BILL.
The Cornmons'amendments to this bill were considered
and agreed to.
Their lordships adjourned at half•past seven o'clock.

HOUSE OF co3alcri
The SPEAKER took the chaLirSaTt("YwoEo
Mr. NVALPOLmEeep(rsesseonoted a petitioneTolelf
rkßo. Dm AaY.T.
gland against the national, )eat
) of the Established Church
number of clergy
olfreElannd.
The right ho
system of education in
ofe-itleman gave notice that
early in the next session'''.Parliamente he
subject.shou should call
attention to and move resolutionsh
CONSOLIDATED FU9.NIA: BILL.
On the motion for goinz into committeehteopportunity
on this bill,
Sir H. WILLOUGHBy took , of
asking the Secretary of the Treasury what. the total
amount of money which the house had voted ci
mates. At the same timelie begged to give
notice?n that
on the third reading of this bill he should ask the Chan
cellor of the Exchequer whether be intended to adhere-
to the principle which he laid down in the early part of
the session, of meeting the expenditure out of the taxes
to be raised within the year ; and he should also ask
the right honourable gentleman whether he intended
to increase the funded debt through the medium of
the savings banks. With regard to the question
which he had put to the Secretary of the Treasury, he
made the total amount of the estimates already voted
for the year reach to between 63,000,0001. and
64,000,000/.
'gr. WILSON said it was impossible for him to give