The Sun.
London, England, 1853-02-18 00:00:00

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LAW INTELLIGENCE.

PREROGATIVE COURT, FEB. 17.
(Before Sir J. Dodson.)

IN THE MATTER .OF THE WILL OF THE LATH EMPEROR

NAPOLEON BONAPARTE, DECEASED.

This was an application made on the part of the Lords
of the Treasury, that the original will and codicils of the
late Emperor Napoleon Bonaparte should be given out
of the registry at Doctors' Commons, where they were
now deposited, and delivered up to the Secretary of
State for Foreign Affairs, for the purpose of being trans-
mitted to the French Government.
The Queen's Advocate appeared for the. Lords of the
Treasury, and said that the will in question, with seven
codicils, was proved in August, 1824, by Charles Tris-
tram Comte de Montholin, one of the executors, polver
being reserved of making the like grant to Henry Gratian
Comte Bertrand, and Louis Marchand, the other execu-
tors, and the effects of the deceased were sworn to be under
the value of 6001. within the province of Canterbury.
The learned advocate submitted there had been several
instances in which wills had been delivered out of the
registry of the court for the purpose of being depo-
sited elsewhere, and referred to the will and codicils
of Mary Renton, widow which in the second session of
Easter term, on the 19th of May, 1791, were ordered to
be given up, that they might be deposited in the proper
office for registering wills in Edinburgh. The will and
codicil of Duncan Forbes, which on the 23d of Novem-
ber, 1792, were in like manner given up, in order that
they might be again deposited in the proper office in the
island of Grenada, where the original will and codicil
had formerly been proved and deposited ; an on
the 4th of July, 1839, the codicil to the wild l of
Sir Herbert Taylor, which had been delivered up to be
recorded in the proper court, or with the legal authorities
in France. In support of the present application, the
Comte de Montholin and the Comte Marchand, the sur-
viving executors, bad executed a proxy, consenting to the
will being delivered up as prayed • and an affidavit had
been made by Lord John Russell, the Foreign Secre-
tary, to the effect that an application had been made by
the French Government to her Majesty's Government
that the will in question should be delivered up, and that
her Majesty's Government considered it advisable, on
grounds of public policy, that the application should be
complied with. A further affidavit had been made by
Mr. John Allen Powell, of Lincoln's-inn, the solicitor
Who bad been employed to conduct certain affairs of the
deceased Emperor, and who deposed that he believed
all the personal estate belonging to the late Emperor in
this country bad come into the hands of the executor to
be by him applied in pursuance of the clauses of the will.
Court granted the application instantly.

The

THE RECENT BEQUEST TO THE QUEEN.
rums AND ANOTHER V. GOODRIDGE AND OTHERS.
The Queen's Advocate said in this case he had to
move the sentence in pcenum against the
de defen
his ,
dated the 10th of August, 1848, bequeathing the whole
of his personal property and estate (which is valued at
250,00014 to her Majesty Queen Victoria, and appointed
the Hon. C. B. Phipps, the Keeper of her Majesty's
Privy Purse, Archdeacon Tatham, and James Stevens,
Esq., executors. On the death of Mr. Neild, the execu-
tors voluntarily brought in the will on the 3d of Novem-
ber, 1853, for probate, and prayed that it might be
proved in solemn form. The next of kin of the deceased
had been duly served with citation to appear, and evi-
dence had been given of the due execution of the will
and the testamentary capacity of the deceased, and ex-
pounded proxy. He now prayed the sentence of the
court, in pain the next of kin not appearing, and that
probate
decreed, and signed by the judges to
be delivered out.

EAST LANCASHIEE.—The half yearly meeting of this
company took place on Wednesday at the Bury station.
The tabular statement in the report showed an increase
of nearly 11 per cent. on the gross receipts of the rail-
way, and an increase of nearly 13 per cent. of profit, as
compared with the corresponding period of 1851. The
directors recommended the declaration of a dividend of
three per cent., from a conviction that it had been
I honestly earned in the half year, which was agreed to.

The LORD CHANCELLOR took his Beat on the woolsack
at 5 o'clock.
The Earl of CARLISLE presented a number of peti-
tions from places in Yorkshire, Lancashire, Cumberland,
and Essex, praying for the distribution of Parliamentary
papers; also a paper from the Scottish Anti-State Church
Association praying that some measure be passed with
regard to clergy reserves in Canada.
TRANSPORTATION TO AUSTRALIA.

Lord MONTEAGLE asked the noble duke the Secre.
:ary of State for the Colonies whether it was the inten.
;ion of the Government to abolish transportation to Aus.
;radian colonies ?

The Duke of NEWCASTLE 'said that when he had
taken office he found that his predecessor had announced
to the colonists of Van Diemen's :Land, that her Ma-
jesty's Government were prepared to abolish transporta-
tion to that colony ; and having conferred with the
Secretary of State for the Home Department, he was
able to assure the noble lord that her Majesty's
Government had come to the conclusion that it would
be practicable and most desirable that transportation to
Van Diemen's Land should cease, and that not another
convict would be sent there. (Hear, hear.) With re-
gard, however, to Western Australia transportation
would be continued to a limited extent.
Lord CAMPBELL hoped that her Majestyls Govern-
ment would well consider before they took the step which
had just been announced as their intention. He was of
opinion that no secondary punishment could be substi-
tuted for it equally efficacious and. equally beneficial to
the criminal.

Lord BROUGHAM expressed himself, on the whole,
nlentvAlthough he thop,g4tSbat eni - .Liar s
unfavourable to transportation as a secondary punish-
' might-he so iiiilifbVed-tifir-mOdifi'... o
supply the place of it.
Lord ST. LEONARDS thought that transportation
was the best secondary punishment yet discovered, and
he hoped that her Majesty's Govern')." ent would not
take steps to discontinue it beyond the necessities of the
case.

After a few words from the Duke of NEWCASTLE, the
subject dropped.

THE WAR IN AVA.

The Earl of ELLENBOROUGH postponed the
question of which he had given notice until Thursday
next.

THE LORD-LIEUTENANCY OF IRELAND.

The Earl of CARDIGAN apologised for intruding
himself upon their lordships, but- made the importance
of his topic his justification. He drew attention to the
recent history of this question, and to the fact that one
or two years since a measure for the abolition of the
Lord-Lieutenancy bad been introduced under the direc-
tion of the present Secretary for Foreign Affairs—still
Secretary he believed, though rumour called him the su-
pernumerary member of her Majesty's Government.
That noble lord—for whom he had the highest personal
regard—introduced the question of the abolition of
the Lord-Lieutenancy. The other house came to
divisions on that subject, and the majorities were in-
variably in favour of the measure introduced bythe noble
lord. There was no reason either to suppose it was con-
sidered a party question, as those who supported it
were of different parties. Thus the matter stood ; but,
before putting his question to Government, he was
anxious to make one or two observations. It seemed
to him that those noble lords, who Nrre selected to fill
this important post, were placed in a very equivocal and
anomalous position when thus officiating as mock kings,
or, to recall that expression as fictitious kings. He was
perfectly aware that some of these noble lords, placed
though they were in an awkward position, had rendered
great service to their country. He remembered that
a noble lord (Lord Clarendon) had evinced great talent,
and taken great trouble in suppressing disturbances
in Ireland ; and that more recently another (Lord
Eglintoun) by the sound judgment, discretion, and tact
he had shown during his Government of that country,
had obtained a very general and a very well deserved
popularity. Still he did not think that even if the noble
earl had not occupied that position, the United Kingdom
would in consequence have been dismembered, and he did
think that the noble lords who undertook that position
were exposed to very great difficulties. He would suppose a
case. Some noble lord of the highest and most unblem-
ished character was selected for office over the other side
of the water. The noble lord might be young in age,
and younger still in the peerage of this country, but he
was suddenly moved to the other side of the water to act
as Viceroy of Ireland. He arrived in that country, and
on his arrival there was a great parade of troops to re-
ceive him. Afterwards there were levees and drawing-
rooms, and there the new viceroy had to go through the
form, he would not say of embracing, but of saluting
300 or 400 ladies. (Much laughter.) He would ask
their lordships whether this was a position in which
any noble lord ought to be-placed ? , Then came din-
ners and fetes at the castle—dinners and fetes which
were very agreeable, and very useful as acts of hospi-
tality, and for the advancement of trade, but not neces-
sary for any one who did not wish to assume royal
habits. The Lord-Lieutenant was surrounded by a splen-
did staff, but the principal duty which they had to per-
form was to carve the joints which were placed upon the
vice-royal board. There was a Master of the Horse
for instance, with, he believed, a very high salary, who
had to superintend an establishment of six or eight long-
tailed horses. But there was more serious matter be-
hind. A great many of these staff officers were on full
pay in cavalry and infantry regiments. They were
taken away from the military duties of their regiments,
and received salaries for their services on the staff. He
thought that a very objectionable system. (Hear.)
It was necessary that the Viceroy should go to the
theatre, on which occasions he went through the streets
of Dublin with a magnificent cavalry escort, and showed
himself off to his admiring subjects. (A laugh.) These
were only some of the follies and absurdities to which
the establishment of a Vice-Royalty in Ireland gave rise,
but he would now come to the office itself ; and he con-
fessed that from all the information which he had re-
ceived, he believed that that office did not tend to expe-
dite business, but led to various inconveniences. The
chief of these was irresponsibility, for he was told that it
was difficult to find out where responsibility lay. When
parties went to the office of the Lord-Lieutenant in Dub-
lin, they wore told, "We can give you no decided
answer—the matter rests with the Imperial Government."
The parties then came over to London, and the answer
they got was, "We can do nothing without the ad-
vice of the Lord-Lieutenant." The noble earl went on to
complain of the frequent changes which took place in the
office of Lord-Lieutenant, and of the manner in which
they reviewed and sometimes reversed the acts of their
predecessors. By abolishing the office the Government
would effect a very useful and economical reform, and
one which should have his firm support. He begged,
in conclusion, to ask whether her Majesty's Government
intended to carry into effect the measure announced by
the noble lord the Secretary for Foreign Affairs, when
Prime Minister of this country, for abolishing the office
of Lord-Lieutenant of Ireland ?

The Earl of ABERDEEN observed that, before
answering the question of the noble earl, he might say
that he did not think it necessary to enter into an in-
quiry how far it would be expedient or not to abolish
the office of Lord-Lieutenant ; nor should he inquire
into the various relaxations to which the noble earl
had alluded, by which the anxieties of office were
lightened. With respect to the measure introduced.
by his noble friend when he was at the head of affairs
in this country, the subject had no doubt engaged,
more or less, the attention of Parliament and of their
lordships' house ; but he believed he might say with
truth that, whatever might have been the opinion of his
noble friend at one time, his intention of abolishing the
offic of lord-lieutenant was abandoned befo're he resigned
the situation of Prime Minister. Whatever might have
been the reasons which induced his noble friend to make
that proposal, it was found that it would be received
with so much aversion in Ireland, than any advantages
which the noble earl had pointed out—even the abolition
of fetes, and dinners, and parades—would not compen-
sate for the ill feeling which the measure would generate
inietnhde, mindshis
foofthaebpenpolneenfth intention
atnon ntryi His noble
friend, before he left
office. For his own part, he was afraid that Oen at
the risk of losing the solid vote of the noble earl, he
should not bo able to meet his expectations.
herMajesty'sin saying pre-
sent
hesitation
The rea-
sons which appeared so strong to the noble earl unfor-
tunately had no weight with him (the Earl of Aber-
deen) ; but he was surprised that the noble earl should
not have urged those reasons in the course of the last
session. (A laugh). As the noble earl, however had
wereaedwhat
Government, h e thee
ldu intentionshavethat they had no intention of abolishing the office.
now
The Earl of WICKLOW expressed his disappoint-
ment at the answer which had been given by the noble
earl at the head of her Majesty's Government. From
the difficulties of communication between the two coun-
tries, it was formerly necessary that some person should
reside in Ireland to exercise the prerogative of mercy.
No such necessity existed'now, and if the office of Lord-
Lieutenant was to be continued, at all events the prero-
gative of mercy ought no longer to be intrusted to a
viceroy.
The Earl of DESART fully acknowledged the ano-
maly of the present system, but considered that better
reasons should be assigned than those which had been
alleged for abolishing an office which had been in exist-
ence five centuries.
The conversation then terminated.
LAW REFORM.

Tmhaekinnogbl the parties to
e and learned
Lord BROUGTIAIS laid on the table a bill to extend
to Scotland the provisions of the act passed in 1851, to
suiamendt s e x tahme law
ab of
lord took occasion to make some remarks on the scheme
of law reform lately laid before the house by the Lord
Chancellor, and characterised it as an attempt to "mark
time," without making any real progress.
i n l e a s evidence,
witnesses.
He approved,
however, of the resolution of the Government to proceed
with the Registration of Charitable Trusts Bills, and to
make a digest of the law, than which nothing could be
more important. The noble and learned lord had
observed, also, on a subject in which he took an interest,
the question, not of abolishing
trial by jury, but in

certain cases giving an opti o .n to the parties. He admitted
that it required great c o nsideration ; but he could
not forget that the expe r ience of the County Courts,
where parties had the opti o n of having a jury, or taking
the decision of the judg in ninety-nine cases out of
every hundred they did no I choose to have a jury. There
were one or two other sub j-ects on which ho wished to
express an opinion, but wi 3 en the bills were brought in,
he should have abundant o rpportunity of discussing them.
He hoped his noble and le a rued friend would apply his
mind to other matters as v ell as those upon which he
had given notice of his int, ntion to proceed; and such
was his entire confidence in the good sense, learning,
and experience of his noble > and learned friend, that he
felt assured he would tre s .t them in accordance with
those sound, rational, and i noderate views which he was
known to entertain. (Che e rs.)

The LORD CHANCEJ 1 LOR said ho could assure
their lordships, and his 5 3 oble and learned friend in
particular, that no one in i that house regretted more
than he did that he had felt bound to make that state-
ment on a day when his n c ble and learned friend was
not present in his place. But he would observe, it
might well have been stir Iposed out of doors that he
wanted to mark time it ta ttead of advancing, if he
had not taken the very e: urliest opportunity of stating
to their lordships, and tin nough their lordships to the
country, what were the int Dntions of the Government on
the important subject of I aw reform. Had he known
that his noble and learned i Wend would so soon be in the
house, he might, perhaps, have been induced to make

_
that statement somewhat l a.ter. He took some blame
to himself that he did not 3 'lake the inquiry ; but it did
not occur to him that his n c 'ble and learned friend would
not be there, so he gave no t ice on the first night of the
session that on Monday he would .make the statement
which he then did. He red retted his noble and learned
friend was not present, b e cause he felt persuaded ho
would have seen that he ('she Lord Chancellor) exhi-
bited no intention of markLa g time, but of advancing, s,
-}te—was =sire-his -116131e-Wttil would wish' to do;-
safely and surely. (Haar, hear.)- He had announced
his intention of immediately • proceeding with the Regis-
tration Bill, amended, he he] ? ed, but certainly laboured on
by him. He stated also th a t the Charities Bill, which
was not exactly. the same as ; the bill introduced a session
or two ago, was in such a state of progress, that he
hoped in a short time to lay it on the table of the house ;
and he showed that, havir tif the means, he intended
practically and at once to p roceed with the digest of the
statute law. Surely, then, he could not be said to be
merely marking time. (H( rir, hear.) With regard to
the observations of his nob) Ix) and learned friend on the
question now before the col °mon law commission, as to
the advisability of giving tl le option of trial by jury or
not, if he had been repr !sented as pledging himself
against that proposition,. h had either not expressed
what he meant, or been ) nisunderstood. He merely
said it required the gravest; consideration, because ,ad-
mitting that many questions, such as of common debts,
might be ordinarily, gafely, , and perhaps better tried
and decided by a judge, ith the intervention of a
jury—assuming that he felt bound to own the
advantage to the numen us body who perform the
duties of jurymen at as: I izes, and who invariably
left the court more intelligi ant than when they entered
it, hesthought they ought nc et to make any change with-
out looking at the question .in every point of view. So
far from having come to any - determination not to adopt
the same view as his noble and learned friend, he might
be brought to think that the advantage of a cheaper trial
might be greate; than the disadvantage of mixing up
duties in the administration c.f justice. He felt bound,
in common with the whole ( x.)untry, to express his sense
of the obligations under wl rich they rested to his noble
and learned friend for the zeal with which he had ad-
dressed himself to this subje ct, and he could assure him
he should always receive wi' most respectful attention
any suggestion he might ma .1:e. (Hear.)
The bill was then read a first time.

A bill to supply an orals. on in the act of last session
relating to the valuation of :rateable property in Ireland
was read a first time, and r ic,tice given to pass it through
all its stages to-morrow.

Their hirdships then adjo,nrned.

HOUSE OF COMM 3 'NS—(YESTERDAY.)
The SPEAKER took the chs sir shortly before 4 o'clock.
ARREST OP A MEMBER.

The Sergeant-at-Arms appeared at the bar and
stated, that he had to acqu al nt the house, that in pur-
suance of the order which the house made yesterday,
Mr. Frederick Dundas was mow in custody.
Sir H. WILLOUGHBY moved that the hon. mem-
ber be discharged. The hon:. member had been detained
in Paris by illness.
Mr. R. PALMER, as ch:Lirman of the General Com-
mittee of Elections, thoughiy under the circumstances,
the hon. gentleman ought to be discharged without pay-
ment of fees. _ _ - . _ . .. .

Sir It. H. INGLIS would. not take upon himself the
invidious task of opposing Ile motion, but he would
take that opportunity of ret winding hon. members, that
their first duty which they alved to the country was to
be at the service of the house s.
Mr. BOUVERIE said, n, > doubt illness was a good
excuse, but as the hon men-o>er knew that his name was
on the pannel for this week, he. ought to have taken
care to inform the General Committee of Elections of
his being unable to attend. Such an omission as this
often caused the parties interested in the petition great
and unnecessary expense.
The motion that the h on. member be discharged was
then agreed to, and the committee appointed to try the
Bridgnorth Election Comirdttee, was shortly afterwards
called to the table and swoim.
NEW WRIT.
On the motion of Lord EfOTFIAM, a new writ was
ordered for West Worcester shire, in the room of General
Lygon, who had gone to the. 'Upper House.

PRIVATE BUSINESS.
Leave was given to bring in a large number of Pri-
vate Bills, and they were brought in accordingly.
The Great Extra-mural Cemetery Association Bill,
and the Groat Northern Railway (No. 1) Bill, were read
a second time, and ordered to be committed.

PETITIONS.
Several petitions were presented from postmen, pray-
ing for an increase in their salaries.
Sir It. H. INGLIS presented a petition from the
Pelican Life Assurance Society, on the subject of ter,
minable annuities.

Mr. SMITH presented a petition against the admission
of Jews into Parliament ; and another against the open-
ing of the Crystal Palace on Sundays.
Lord D. STUART presented a petition from Maryle-
bone, praying the house to address her Majesty on the
subject of the case of Edward. Murray.
Mr. SPOONER presented a petition praying for the
abolition of the grant to Maynooth.
Mr. W. BROWN presented a petition from a board
of guardians, in Lancashire, praying for an amendment
of the Law of Settlement, in so far as it related to illegi-
timate children.
Mr. RICE presented a petition from Dover against the
opening of the Crystal Palace on Sundays.
Lord R. GROSVENOR presented a petition from the
Law Society of Great Britain, praying for the removal of
the Courts of Law from their present site to a more con-
venient locality.

Mr. E\VART presented a petition from the hop-
growers of Kent, against the proposal for levying the
hop duty by average. •
Mr. HUME presented a petition from the native in-
habitants of Madras, praying to be heard before the
India Company, either by themselves or their agents, on
the subject of the government of India.