The Sun.
London, England, 1838-07-05 00:00:00

IMPERIAL PARLIAMENT.

HO USE OF COMMONS, JILT 4.
HIGHWAY RATES BILL.
On the Order of the Day being moved that the House re-
solve itself into Committee on this Bill,
After a few words from Mr. Hodges, Mr. Shaw Lefevre,
Sir C. Burrell, Mr. Bennett, Lord Howick, Mr. Halford,
Mr. Goulburn, Mr. Grimsditch, Mr. Darby, Mr. Sanford,
and several other Members,
The clause was agreed to without a division.
On clause C being proposed,
Mr. PA RR OTT opposed it, and said ho should divide the
Committee against it.
The Committee then divided, when the numbers were—
For the clause
Against it 1
Majority --129
The clause was then agreed to.
Clauses D and E were also agreed to.
Clause F, with some amendmmts, was agreed to, as was
also clause H.
The next clauses, from 1 to the last, inclusive, were agreed
to with verbal amendments, and the report ordered for to-
morrow. _

LORD'S DAY BILL.
PLUMPTRE moved that the House resolve itself
into a Committee on the Lord's Day Bill.
Mr. JERVIS said that the object of his opposition to this
Bill had been misunderstood. It professed to be a Bill to put
an end to Sunday trading, and yut it contained a clause pro-
viding that no man ‘. shall hire or cause to be hired on the
Lord's Day," &c. He wished to ask the Right Hon. Gentle-
man in the chair whether it was competent for him to intro-
duce words by way of an instruction to the Committee, to pre-
vent the doing of any sort of labour on the SAbbath, as he had
been much shocked last Sunday, when walking up St. James's-
street, to.see the servants at roost of the liGußes in that quarter
doing their usual work, whilst such was not the case in the
houses of the humbler classes, which were all closed, and they
conducting them elves in a quiet and orderly manner.
The SPEAKER said that, certainly, con.itruing the Bill
according' to its title, it was a Bill to prevent trading on the
Lord's Day ; but there was a difforene,e between what was
done in Lrivstcp:d what in public houses. With reference to ,

the question of the Hon. and Learned Gentleman, he thought
it was competent for him to introduce the instruction he alluded
to ; and perhaps the introduction of the word "hiring," or
some such amendment, might include.all the objects be had

in view.
Mr. HUME asked the Hon. Member (Mr. Plumptre)
whether he intended to restrict his Bill to the prevention of
the sale of a few nuts and bottles of ginger beer on the Sun-
day, or to apply its provisions to all classes of the community
he community
equally? As such did appear to him to be his intention, he
should move that the Bill be committed that day three months.
—( Hear, hear.)
Mr. T. ATTWOOD Suggested to the Hon. Member the
withdrawal of the Bill altogether.—( Hear.)
Mr. PLUM PTIZE would put it to the House whether he
was in a situation that would admit of his withdrawing the
Bill ?—(Cheers.) He should certainly persevere with the
Bill, and carry as much of it as he could.—( Hear.)
After a few words from Mr. WARD and Captain BOLDERO,
The House divided, when the numbers were—
For going into Committee
For the amendment
Majority
The Bill was consequently lost.
SHERIFFS' COURTS BILL.
The SOLICITOR-GENERAL moved the third reading
of this Bill, which was to give the Sheriffs jurisdiction in all
cases of debt under 501. He hoped that the lawyers in that
House would not oppose the motion, as they were not, he
thought, the most competent judges of the merits of the
question, as their experience was confined to the knowledge
of those cases in which mistakes occurred in the superior
Courts.—( Hear, hear.)
Mr. JERVIS opposed the motion, and said that the pro-
fession, the greater part of whom had experience of the prac-
tice in the Sheriffs' Courts, were not only competent to judge
of this question, but were, almost to a man, against this Bill—
( Hear)--and the ground on which they opposed it was, that
what was commonly called cheap law was, it bad law, dceir at
any price. Now, how had this Bill originated ? Why, with a
speculative attorney at Brighton, who wished to have the busi.
ness of the Sheriff's Court there to himself. He could
understand very well how certain persons might wish to get
rid of the business of the ordinary law courts, but that was no
ground for passing such a measure as this. This Bill did not
even render it compulsory on the Under Sheriffs to attend in
person ; and he could assert, without fear of contradiction, that
the parties who presided to try causes in the Sheriff's Courts
were not unfrequently articled clerks of some two or three
years' standing. He thought that such a measure as the pre-
sent would operate most injuriously to the public, and therefore
he felt it his duty to move that the Bill be read a third time
this day three months. •
Mr. AGLIONBY seconded the motion, and contended
that this Bill would do more harm than good, and that the
feeling abroad was rather for the repeal of the existing law
than for its extension from 201. to 50/. He hoped his Hon.
and Learned Friend (the Solicitor-General) would withdraw
the Bill for the present, and until he saw whether the local
Courts Bill would be passed or not in the next session.
Mr. VI LLI E RS supported the motion for the third reading
of this Bill, on the ground that it would facilitate the attain-
ment of cheap and speedy justice. He laid very little stress
on the apposition given to it by lawyers, and, as to waiting for
the Local Courts Bill, it was absurd to suppose that any such
measure could be hoped for while the Hon. Gentlemen oppo-
site were opposed to it.
Mr. AGLIONBY made a few observations in explanation.
Mr. HARVEY said that as this Bill had come down from
the ether House of Parliament, where the most respected wis-
dom connected with the law was to be found, he thought this
measure entitled to the attention of the House. Since the
Sheriff's Court had been established it had been extensively
resorted to by suitors, and he knew very well that the trading
classes were anxious to have the present jurisdiction extended.
If the present Judges of the Sheriff's Court were objectionable
lit dem appoint proper Judges, hut as the principle of the
measure came to them confirmed by the legal wisdom of the
House of Lords, he certainly .;could support the motion for the
third reading-.
Mr. Sergeant TALFOURD said that he must give his
vote in favour of the amendment, and he thought it spoke very
little in f,vour of the wisdom ofthe other branch of the Legis-
lature, when his Hon. and Learned Friend found it necessary
to make such sweeping alterations in the measure in carrying
it through that House. He (Mr. Sergeant Talfourd) objected
to the constitution of these Courts on the ground that the par.
ties acting as Judges in them were wholly unqualified fur the
(Alice, and as such a system could not operate otherwise than
injuriously, he !bought it would be most unwise to extend the
jurisdiction in the warmer proposed.
Captain PECHELL supported the Bill on the ground that
it was loudly called for by ihe people, and, therefore, although
it might reduce the business of the superior Courts, still that
was no reason why it should not pass.
Mr. Sergeant JACK SON said that as tribunals so consti-
tuted would he calculated only to create litigations, he, for one,
would pause before giving his assent to such a measure.
The House then divided, and ',he numbers were—
For the motion
For the amendment
Mejority in favour of the original motion --31
On our return to the gallery we found
The SOLICITOR-GENERAL proposing some verbal
amendments, which, after a short conversation were agreed to.
The Bill was then read a third time and passed.
QUALIFICATION OF MEMBERS BILL.
On the motion that this Bill be committed,
Colonel SIBTHORP moved as an amendment that the
Biil be committed that day three months.
After a few words from Mr. WARD and Mr. WARBUR-
TON, the House divided, when the numbers were—
Ayes 67
Noes
Majority for going into Committee —56
The Bill then went through Committee, and the Chairman
reported progress, and the re port was ordered to be received
on Saturday next.
The House then went into Committee on the South Austra-
lian Act Amendment Bill.
The Bill went through Committee, and the Amendments
were agreed to.
TURPENTINE PENALTIES BILL.
This Bill passed through Committe, and was ordered to bo
reported to-morrow (this day).
HACKNEY CARRIAGES METROPOLIS BILL.
Sir M. WOOD moved the second reedit), of this Bill.
Mr. HAWES objected to the principle of establishing a
peculiar office for the trial of one particular class of offences.
If they were to do so, they should, in consistency, do the same
with respect to all other offences. The ordinary tribunals
would be found quite sufficient. He wondered that Govern-
ment would support such a Bill, but he hoped the House
would not give it its sanction.
Colonel SIBTHORP opposed the Bill, and would to the
last resist it. If pressed to a division lie would tske the sense
of the House upon the Bill.
Mr. F. MAUL E said the Government had not actually
introduced the Bill, but it had not discouraged it. lie should
certainly vote for the third reading, and he should also re-
mark, that the establishment of a public office to take cogni-
zance of those offences connected with hackney carriages
would prove of the greatest benefit to the inhabitants of
London.

45
57
-12

Viscount DUNGANNON thought that the public were
deeply indebted to the Hon. Mcmbsr who brought forward
the Bill.
Mr. HUME was not of opinion that the Bill would be
productive of those abvantages which some Honourable Mem-
bers attributed to it. The establishment of one office
would be rather an inconvenience, at least to those residing
at great distances from the locality in which the office would
probably be placed. The Bill would tend rather to confound
than simplify.
Mr. WARBURTON hoped the worthy Alderman near
him would be held responsible for all the evils which would
arise from that Bill—(A laugh)—and they would, he feared,
be numerous. He could not think it would be so beneficial
when so many laws existed at present upon the subject.
After a few words from Mr. Ward, Mr. Lewis, and Sir
M. Wood,
The House divided, when there a.ppeard—
For the third reading
Against it
Majority for the third reading. 47
Mr. PEASE moved the follo-xing clause:—." And be it
enacted that no license shall hereafter be granted for any
omnibus, coach, chaise, cab, cart, or other carriage which
shall be drawn by only one horse, for carrying more than six
passengers or persons and the driver thereof; and that no
licenses shall be granted for any omnibus, coach, chaise, cab,
cart, or other carriage, which shall be drawn by only two
horses, for carrying. more than twelve passengers or persons,
and the driver and conductor thereof."
The clause was agreed to.
Mr. PEASE then moved a second clause as follows :
" And be it enacted, that in every such carriage the number of
passengers shall be painted or affixed in a conspicuous manner,
both in the inside and on the outside of every such carriage, in
such manner as shall be approved of by the registrar, or other
officer to be appointed by virtue of this Act, on pain of a
penalty not exceeding twenty shillings, to be paid on con-
viction of neglect hereof, before any one of her Majesty's Jus-
tices of the Peace."
Viscount DUNGANNON supported the clause, which he
thought was necessary upon the ground of humanity.
Mr. WA 11 I3U RTON opposed it, and said he would take
the sense of the House upon it.
After some conversation the House divided, when there ap-
peared--
For the clause
Against it.
Majority —62

63

Sir M. WOOD then moved an additional clause, to the
effect that any magistrate might be empowered to hear and
adjudicate on complaints made under the Bill within the
jurisdiction of the Central Criminal Court.
After a few words from Mr. HAWES and Mr. LEWIS,
the clause was withdrawn.
O❑ the question that the Bill do pass.
Colonel SIBTHORP hoped the Lords would throw it
out.

The Bill was then read a third time, and passed.
BANKRUPTCY COURT.
The SOLICITOR—GENERAL moved the committal of
the Bankruptcy Court Bill.
Mr. GRIMSDITCII opp-tsel the further progress of the
Bill, on the ground that for the important subject it dealt with
it had not had sufficient consideration. The appointment of
Commissioners, which it propo-fed, would he a burthen on the
country, and would act with the c:ll,.ct of an inquisition. It
was a vexatious proceeding., and could be justified on no pos-
sible ground. Under these circumstances he moved the com-
mittal on that day three months.
Mr. CRAWF-ORD defended the Bill as regarded the go-

neral principle, but h e thought the details were in many in-
stances most objectionable. One of the great causes of the
evils of the banLruptey laws in London, in his opinion, arose
from the (-Alicia incapcity of the Account:7:nt. General. He
respected the legal talents of that gentleman very much ; but
he did not respect at all his talents for the investigation of even
mercantile transactions.

Mr. K. PHILIPS objected to the increased patronage
given to the Lord Chancellor by the Bill, without any com-
mensurate advantage to the country.
The SOLICITOR-GENERAL said the objections were
matters to be considered in Committee rather than discussed
at that stage of the Bill. The crying evils of the Bankruptcy
Laws sailed for some immediate remedy ; and the Bill before
the House was intended to apply to them. The old system
was pre-eminently calculated not to elicit justice, and not to
collect the whole assets of the bankrupt's estate. That fact
was proved by the different operation of the improvements
made in it as regarded London by Lord Brougham when Lord
Chancellor. The object of the Bill under consideration was
to effect a similar change in the country.
Sir WILLIANI FOLLETT said that, though he agreed
with the Solicitor-General as to the existing abuses, he felt
considerable difficulty in comprehending how they would be
remedied by the provisions of the Bill before them. The im-
portant part related to country Commissions, but there was no
application to any future ones. The Lord Chancellor might
send down a kind of roving Commissioners, with salaries of
12,000/, a.year, and Registrars of 5001. a year, who, without
any complaint against the Official Assignee, might exercise a
most inquisitorial review of ten-years' old Commissions, with-
out any limitation of time or papers, and then to make a report
to the Lord Chancellor. He thought that this was giving too
great a patronage to the Lord Chancellor, and too great a
power to these Commissioners—too great, in fact, for the abuse
to be remedied—the discovery of latent assets.

Mr. PEASE bore testimony to the evils resulting from di.
latoriness of assignees throughout the country and the neces-
sity of some such Bill as the present. He approved of the
principle of the Bill, but was not prepared to say that the ma-
chinery would accomplish the objects proposed.
Mr. D. W. HARVEY thought that the principle of the
Bill was excellent, but the machinery was very bad. With so
many metropolitan Commissioners, with little or nothing to do
in their respective Courts, he did not see why they should not
be sent do::n to Bristol and Liverpool, and why (if their tra-
velling expenses were paid) they would not be very well satis-
fied. He decidedly objected to any extension of the patron.
age of the Lord Chancellor, who had been very amply remu-
nerated by a salary of 15,0001. a.ycar for its abolition. He
thought the provisions of the Bill displayed mure precipitancy
than judgment in their arrangements, and that the objects to
be gained would be best promoted by a postponement and
further consideration of the preTent Bill.

Mr. AS H TON YATES objected to the powers given by
the Bill to go into inquiries backward for an indefinite time—
say, forty or fifty years—where matters had already long
been wound up, and the principal parties dead. He thought
the objects could be better obtained by other means, and he
would support the amendment for postponement.
Mr. BROTHERTON thought there was fully sufficient
cause shown fcr the enactment of some such Bill, but at that
late hour lig must move the adjournment of the debate.
Mr. HUME said that he thought all the benefits desired
by the Solicitor- General might be attained by following the
advice of the Hon. Member for Southwark—extending the
powers of the present metropolitan Commissioners and allow-
ing them their travelling expenses.
The house then divided on the motion that the Speaker
leave the Chair—

Ayes
Noes
Majority -.-9
The Bill was then passed through Committee pro forma.
Dr. NICIIOLL prop )scd that the Co.nmittee should be
gone intoonStuurday..

- HUME oppos'cd the Committee bring named for Sa-
turd6y, and moved cs an zinenciment that Monday be named.
this the House divided, when the numbers were—
For the motion 23
For the amendment 32

Majority 9
Dr. NICHOLL then proposed that the Committee begone
into this day, pro forma, with a view to its postponement to a
future day, which was agreed to.
The other Orders of the DAy were then disposed of, and
the House adjourned at a Quarter-past One o'Cclock.

The Animals' Friend Society has been of great
service at the fair at Hyde Park. It caused five persons to be heavily
fined by Mr. Dyer, last week, for cruelty to their asses, also a woman
named Sarah Banks to find bail for an assault on Gibbins, the officer,
and rescuing a prisoner. And at Dursley the Society's officers, Ycwen,
Summers, and Wilson, likewise caused three men to be committed for
fourteen days, by Messrs Brown and Purnell, for having thrown stones
at a dog and broken its leg; the magistrates expressing their sorrow
that cur such a crime the law was not more severe.

THE AUTIIOR OF " THE PILOT'S" NEW TALE
OF THE SEA, " HOMEWARD ROUND; OR, Too. Cussu:' There is a
fascination about sea.stories that attracts and rivets the attention of
every reader. How much more must this feeling be enhanced when
they are the productions of a master.spirit like the author of " Th,
Pilot," one, indeed, whose home is on the deep. " Homewara
Bound," the new work by this justly celebrated author, may be placed
among the best stories he has produced, if it be not superior to them all,
for he has introduced more splendid ocean.scencry, and- more diversi_
fled manoeuvring and able seamanship, than can be found in hie
" Pilot," " Red Rover," or " Water Witelf;" while the incidents
are ever sarying, and of the most exciting description. The encounters
with the Arabs on the coast of Afraptre highly interesting, and the
death-bed scene of one of the passengers of the Montauk, who is
wounded by the Arabs, is perhaps one of the most affecting to he found
in the wl:o!e range of the literature of fiction. Th, characters in this
novel not on!), differ from those in the author's former works, but
possess an individuality perfectly distinct from any ether nautical navel_
ist. We particularly like that of Capt. Truck, who is a most excellent
fellow ; his humour is of that quiet, dry sort, which is always,s, sure to
tell. The characters of the numerous other personages from the mild
and gentle Eve Effingham to the conceited and bustling Stedfast Dodge,
the editor of the " Active Inquirer," an Arrurrea r newspaper, are all ca-
pitally delineated. On the whole " Homew; $4 Bound" is unquestion-
ably destined to be the most popular novel Mr. Cooper has produced.—
Caledonian Mercury.

FRIGHTFUL MORTALITY._ By a letter from.
Sierra Leone, dated the 7th of March last, accounts are received of V.se
following terrible losses from the black vomit and the yellow fever—the
dreadful scourges of that clime. After stating the Buzzard was off thopot t
the previous day, but ordered to have no personal communication WAN the shore, the writer states the mortality to have been ascertaiP.ea as
follows, up to the date mentioned :—The Etna—one assistant..%urgeon,
two mates, 18 seamen, two boys, four marines—total, 27. llonneita—
her commander, one assistant.surgeon, purser, one clerk, 1.0 seamen—
total, 14. Forrester—her commander, and IS seamen—total, 19.
Raven—Two mates, one assistant.surgeon, 7 seamen—total, 10; making
in all 70 casualties.
RAILROADS.—To show the height to which th.-
railroad fever rose in 1837, it is only necessary to state, that in that,
single year not!ces were given for 118 intended applications for Itailvrav
Bills; that of these 79 were actually introduced, of which 42 vr zre
passed, and the rest either withdrawn from the want of funds, or r,,
jected. Of the 42 which received the Royal assent, only 14 we re for
new lines, whose aggregate length is 471 miles, and estime.ed cost
6,861,2811., or 14,566/, per mile; the expense of working them about
45 per cent. of the gross revenue, amounting to 1,575,802/. , of which
923,0781. is to be obtained from passengers, and the rest from goods.—
Frazer's Magazi; e.

PATENT LEVER WA'TCHES.
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I'. Cox SAVDP:i,
Working Silversmith, Goldgtnith, and. Watchmaker, 47, C•rnhill„,
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_...,.--...-.._________._......._,,_.........__

_
131.1?7'H5.
On the 80th ult., at Torquay, Devon, the Hon. Mrs. William
Towry Law, of a daughter.
On the 30th ult., in Sloane-street, the lady of Major Dalton, of
the Royal Artillery, of a son.
On the Ist inst., in Half Moon-street, Piccadilly, Airs. Osmond,.
of a son.
On the 24th ult., in Cornwall-terrace, the lady of P. Cruik—
shank, Esq., of a son.
On the '2sth ult., the lady of J. A. Boss, Esq., of Bury.str set.
City, of a (laughter.
On the 21st ult., at Stoney Stratford, Mrs. Complin of CljartEr-
house-square, of twins.
On the 22d inst., at Camberwell, Mrs. W. Moates, of a daughter..
On the 24th inst., in Lansdowne.placc, Brunswick-scpare, Mrs..
Henry Wakefield, of a son.

MA _a
On thensth inst., at St. George's, Camberwell, by the Tim
0. Nash, James Poyntz. Esq., of Tralce, eland, Margaret,
second daughter of Roddam Aletheus Smith, Esq., of Surrey.
At Keston, Henry, second son of the late G.
the Cape of Good Hope, to Maria 0. Ross, Esq., or
, youngest daughter of Thomas.
Tanner, Esq., of the Customs.
On the 25th ult., Charles Alexander Wood, ozrod son of'
Colonel Wood, of Lyttleton. to Sophia, eldest daughter or
J. S. Brownrigg, Esq., M.P.

--.--............_._...1.1.........................
~..,,.,... 1....
DIED.
On the 29th ult., in St. Alban's-terrace, Vauxballbriee-road,
aged 64, Mr. Evan Phillips, one of the Yeomen of her Majesty's
Body Guard.
At Sydney, New South Wales, E. H. Cliffe, Esq.
On the 11th ult., on his passage fro
ith Madras Cavalry, aged 28. g m India, Lieuten ant Snell,
On the 28th ult., Sarah, widow of E. Hodg,cs, Esq., of Clap-
ham, aged 68.
On the Ist inst., at St. Leonard Hon. C. G. Law, M.P., aged 20. 's, Edward, eldest , son of tile
On the 28th ult., at Brighton, Dr. Willinn Anderson of Fair
Mile, Cobham, Surrey, aged 85.
On the Ist inst., M. Alatthms, of Hampstead.
On the Ist inst., Miss. Nuppnau, Esq., of Prir.ce's-place, Ren-
nington.
On the Ist inst., Margaret, ordy
cester-place, LFiceste.r-square. daughter of. Mr. De Gex, Lei-
On the Ist inst., in Poland strict, Lucy, widow of Cornelius
Aston, Esq., aged 61.
On theult., at Pan,;,fas,
of Ludg ate-street.
On e 24t1-: in-:j,r, E
late James, eldest son of Mr. Fellowes.
th
~ at Turnham-n"recn, Eleanor, daughter of the
W. Fawe^s
On the s, lth ult., q., of King-street. ng.street Cheapside.
HoteLkv R. Nat Blois, glary, the widow of Captain C. W.
s, .
On the 23.1 ult.
green, Ham me: , aged 18' Woodward, son of Mr. oodward, of Brook-
Onstn ith.
the 23d ult., at I3rixton, Mr. Christopher Burrow, aged 70:
Lontli)n ; Prit:ted and Published by AIURDO Y OUNG, of No.
112, Straw!, at Vie si:ri Office, No. 11.2, Strand, in the counts.;
of Middlesex—Thursday, July 5,183 S.