The Sun.
London, England, 1849-02-14 00:00:00

THE SUN, LONDON, WEDNESDAY

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tv,itliout sv it inai66'e'Ucinot:ya :rft Cril(?:;,llectitv,i
nsc:;ll:oir'llicti
eil.Al
er, As
this statute left the former statutes relating
to replevin unrcpethd, there was no reason why
the sheriff should not take the redlevut bond
as before, but the bond being tak,u on the condition that
" the obligor should appear at the next county court for
the cc unty of Middh sex, at Red Lion square," the
qmstion arose whether such a bond was sufficient. It
tue obligor omitted to appear at the next county court
and prosecute his suit there, it was an infringem‘nt of
the statute, and the condition of the bond
was violated. The question would be, IN b
(her such a bond was still a substantial
compliance with the requisitions of the statute 1 lth
Ge'-trge 11. The suit was no h.n.gTr prosecuted in the
County Court, but in the district Court, and it might
well be that the court within which the distress was taken
might be holden before " the next County Court for
Middlesex, at the Sheriff's office, in d Lion-square,"
and the proceedings might be indefinitely delayed with-
out any breach of the condition of the bond. The Court
therefore thought that the bond was insufficient, and
consequently the defendants were not entitled to have
the verdict entered for them.

MURRAY AND OTHERS V. HALL.
Mr. Justice COLTMAN delivered judgment in this case.
This was an action for breaking and entering the plain-
tiff's house and expelling him therefrom ; to which the
defendant pleaded, first, "net guilty ;" secondly, leave
and license ; and thirdly, a denial that the house was
the plaintiff's. At the trial before Mr. Justice
Maule, one ground of defence was that the defendant
was tenant in common of the house with the plaintiff,
and that therefore an action was not maintainable. Air.
Justice Miele told the jury that if there had been an
actual expulsion their verdict ought to be for the plain-
tiff. The defendant afterwards obtained a rule
to show cause why a nonsuit should not be
entered on the ground that one tenant in
common could not maintain an action for trespass,
against another tenant in common, although actual ex-
pulsion was alleged in the declaration. On showing
cause, it was argued before the Lord Chief Justice,
Justices Coltman, Cresswell, and Williams, that this de
fence, even if sustainable, ought to have been specially
pleaded. The Court was of opinion that the direction
of Mr. Justice Maule at the trial was right, and conse-
quently the rule must be discharged.

MARLBRO'-STRELT.- THIS DAY.
George Fox, William Dean, and John Runt, three
soldiers belonging to the 3d battalion of the Scotch
Fusilier Guards, were placed before Mr. Hardwick,
charged with being drunk, and creating a disturbance in
Oxford street.
J. Waitman, 11, Westbourne-terrace, said, last night,
about eight o'clock, he was proceeding along Oxford-
street, when his attention was called to a mob, surround-
ing the three defendants at the corner of Charles-street.
He went up to see what was the matter, when he saw the
soldiers take up their belts, and immediately begin
striking out left and right; hitting every person who
chanced to come within their reach. Witness remon-
strated with them, when he was told that he should be
served the same. Several persons in the crowd endea-
voured to get the belts away from them, but could not
succeed. Witness then ran for the police, and assisted
the constables in conveying them to the station. 'The
prisoners were very drunk, and were more like madmen
than men in their senses.
Samuel Abrahams, an engraver, residing at 22, Vere-
street, stated that he was in Oxford-Etreet last night,
and saw a large crowd of people at the corner of Charles-
street, and the prisoners fighting amongst them. Witness
saw a fighting man go up to Hunt and knock him down.
The crowd then closed round the others, and knocked
them down also. The soldiers then pulled cif their
belts, and struck out in self defence. The mob irritated
them by calling them foul names.
Police-constable A 331, said he was called by the
first witness to quell the disturbance, and to take the
prisoners into custody. On reaching the spot he saw
the prisoners, who were in liquor, striking at several
persons with their belts. After some difficulty witness
succeeded in taking them into custody. They appeared
to be using their belts in self defence.
The prisoners in defence said they were the aggrieved
party. They were first assaulted, and used their belts
in self defence. They were knocked down by the mob,
and were severely injured by being kicked and trampled
upon. _ _

Mr. HARDWICK handed them over to the sergeant, to
be taken to their barracks, where they will be punished
for being drunk.
Ann Brien, a nurse employed by the officers of the
Strand Union, at the Ogle-street Asylum, was charged
with being drank and disorderly.
George Lock, gate-porter at the asylum, stated that
the guardians of the Strand Union rented the above
premises, which were occupied by the children removed
from Tooting. The defendant was one of the nurses,
and yesterday she was allowed to go out for a holiday.
with a strict injunction to be back by ten o'clock, or she
would not be let in. About eleven o'clock she made her
appearance in a state of intoxication, and demanded ad-
mittance. Witness told her he could not let her in at
that time of night, an.d desired her to go away. She
refused, and created such a disturbance in the street that
he was obliged to send for a constable and give her in
charge.
The prisoner expressed her sorrow, and as she had
been locked up all night, Mr. HARDWICK thought that
sufficient punishment, and discharged her.

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HOUSE. OF COMIVIONS.
The SPEAKER tot.k he Chair at Twelve o'clock.
PRIVATE BUSINESS.
The 13irkenhnd Lancashire and Cheshire Junction
Ruilway (abandonment of part of the line, extension to
L,Jr:don and North-Western Railway, &c.) Bill was read
aecoud time, and ordered to be committed.
PETITIONS.
_ _ _

Mr. ROBINSON presented a petition from the Mon-
treal Board of Trade, complaining of the colonial policy
of the country, and praying that a differential duty of
59. might Le imposed upon foreign corn imported loto
the colonies or the mother country.
Mr. BROWNE: presented a petition praying that in-
ternational disputes might be settled by arbitration.
Mr. lIILL)YARD presented a petition from White-
haven against the repeal of the navigation-laws.
Mr. EVANS presented a petition from a place in
Derbyshire against any further endowment of Roman
Catholics.
Mr. BRIGHT presented a petition from Oswestry,
praying the House to extend the jurisdiction of county
courts to debts of 501. Also a petition from Wakefield
in favour of international arbitration ; and a petition
praying for the abolition of punishment of death.
Mr. ANSTEY presented two petitions from Limerick,
praying the House to pass a law for the better preserva-
tion of the fisheries of the Shannon.
Mr. J. A. SMITH presented a petition from the
Gloucester Chamber of Commerce, relating to the Sea-
man's Fund Bill.
Mr. MILES presented a petition from the parish of
Bedminster, praying that urban and rural parishes
might not be united without the consent of the parish
authorities; also two petitions from the schoolmasters
of two parishes in Gloucestershire complaining that they
had been unlawfully removed from their offices by order
of the Poor-law Commissioners.
RETURNS.

On the motion of Mr. G. THOMPSON, the following
returns were ordered :—Returns of the quantity of East
Indian cotton imported into the United Kingdom by the
East India Company, from the year 1780 to the year
1814 inclusive; of the taxed price at which the said
cotton was put up for sale and sold in London at the
quarterly sales, during each year of the above period;
similar return to the above, from the year 1814 to the
year 1834 inclusive; showing the rate of duty
charged in the several presidencies of India upon
the export of cotton, whether coastwise or to the United
Kingdom, or to foreign countries, from the year 1780 to
the period at which such duty was discontinued ; show-
ing the rate of duty, in the several presidencies o India,
upon the transit of cotton from place to place within the
said presidencies, from the date at which such duty was
imposed until the period of its discontinuance. Of the
total quantity of cotton cloth and cotton piece-goods ex-
ported from the several presidencies of India, whether
coastwise, to the United Kingdom, or to foreign countries,
from the time such exports were first recorded
until the present period. Copies of a circular,
dated Bombay, 28th January, 1847, addressed to
the Governor in Council of Bombay to the several mer-
cantile houses of that place, giving a detail of the Go-
vernment measures connected with introducing an im-
proved system of cultivating and cleaning cotton in the
Southern Mahratta country. Of the report of the settle-
meta of Zillah llumeerpoor, in the province of Bundle-
cund, made by Messrs. Allen and Muir, of the Bengal
Civil Service. Of a revenue letter from the Governor in
Council of Bombay, dated November 5, 1823, addressed
to the Court of Directors of the East India Company, and
of a proclamation, issued by the Governor in Council of
Bombsy,and published in the Bombay Government Gazette
of the 20th June, 1838; together with copies of the nod.
fications of the 24th February and Ist of August, 1835,
and of the Ist and 17th November, 1836, issued under
the authority of Government by Thomas Williamson, Esq.
Revenue Commissioner in the Deccan, granting certain
exemptions from assessment to land cultivated with
cotton and the Mauritius sugar cane. Also of all cor-
respondence which passed on the above subjects between
the Revenue Commissioner and the Governor in Council
of Bombay, and between the Governor in Council of
Bombay and the Governor-General of India in Council,
and the Court of Directors of the East India Company.
INSOLVENT MEMBERS' BILL.
Mr. MOFFATT, in moving the second reading of
this Bill, remarked that it involved simply a question of
common sense and common honour. It proposed to
apply to all Members of the House the provisions of an
Act which now only extended to part of them. It pro-
posed to withdraw from all Members, no matter whether
traders or not, the privilege of at all times being pro-
tected from arrest; but in introducing the Bill ho had
been .especially careful to preserve the privileges of the
House as far as they relate to carrying on public busi-
ness. The Act of 1812 preserved the privilege which
exempted Members from arrest during the sitting of
Parliament, and in that respect the present Bill followed
the Act of 1812. No doubt Hon. Members were aware
that that Act provided that it was highly necessary for
the preservation of the dignity of Parliament, that all
bankrupt members being traders should not retain their
seats. That principle had been found to work well in
respect of trading members, and be could see no reason
why it should not be extended alike to all
members, no matter whether traders or otherwise,
whose affairs were in an insolvent state.—(Hear.)
It had been objected, however, to this Bill that it did
not go far enough. There were some Hon. Members
who went the length of saying that the privileges of
arrest ought to be abolished altogether, but he confessed,
having carefully looked into the matter, he could not
coincide with the propriety of that suggestion.—(Hear,
hear.) And he thought he could convince the House
in a few minutes of the inexpediency of their adopting
it. In the first place, if they were to abolish the pri-
vileges which Members usefully enjoyed of exemption
from arrest during the sitting of the House, it would
give rise to endless confusion, particularly when party
feeling ran high, for then, if they abolished the privilege,
two or three Members might be arrested just before a
division, and such a proceeding might not only be pro-
ductive of inconvenience, but might at times endanger
the constitution of the House.—(Hear, hear.) On that
ground alone, therefore, ho did not think it expedient to
adopt the suggestion which one or two Hon. Members
had thrown out. Having briefly explained the principle
of the Bill, he trusted there would be no division upon
it, and should there be any objection to the details, an
opportunity would be afforded to make any suggestions
with respect to them. His only object in introducing
the Bill had been to maintain the dignity and indepen-
dence of the House, and he begged, therefore, to move
that it be now read a second time.
The motion having been seconded,
Sir G. GREY hoped the House would agree to the
second reading of the Bill. When the Hon. Member
introduced a similar Bill last session, he then thought it
riccesary to caution the House not to sanction it, because
the manner in which the principle was sought to be car-
ried out was so objectionable. The Hon. Gentleman had
now reconsidered the subject, and while hesought to attain
the same object, he did it without incurring any of those
objections which were attached to the former Bill. Al-
though there were some alterations which lie had to pro-
pose in the details of the Bill, which, however, it was not
necessary for him to state at present, he was
quite prepared to give his sanction to the measure.
The Hon. Gentleman did not propose to interfere with
the House of Peers, and to the omission of that branch
of the Legislature from the provisions of the Bill he had
no objection.
Mr. BERNAL said, he felt it his duty to object to
the Bill which had been introduced by his Hon. Friend.
He was not disposed to give his opposition to it
in the present stage of its progress, but he warned
the House, and he begged to call the attention of the
Right Hon. Baronet (Sir George Grey) to this subject,
not to sanction such a principle as that laid down by one
of the most important clauses, and which would have the
effect of depriving the House and the country of the be-
nefit of Eon. Member's services for a period of six
months. Under the cover of justice and morality it
gave an advantage to individual persons, and on that
ground he was bound to state his objections to it.
Mr. GOULBURN was not prepared to offer any oppo-
sition to the second reading of the Bill, but there were
many points involved in it which he considered required
the serious consideration of the House. The Hon.
Member who had introduced the Bill had
rather addressed himself to the objections which were
made to the Bill, than to giving any reasons for the
meals in which he had proceeded with it. As the Bill
was totally different to the one first introduced, ho
thought they ought to have had some reason why the
alterations had been made. The Honourable Gentleman
did not intend to apply the principles of it to the House
of Peers as well as to the House of Commons, but he
found when a principle of this kind was adopted, the
forms of the House uniformly applied it to all persons in
Parliament. The privileges of Parliament were much
more extended than at present; and at one time the
Members of both Houses of Parliament had the
privilege of not being sued in any Court of law,
but it was thought advisable to introduce a Bill
to alter the law in that respect, and the provisions of it
applied equally to both branches of the Legislature.
The mesne process gave a right to arrest Members of
Parliament until they should give security to answer an
action of debt, and that power might have been used as a
political engine to prevent the carrying of certain measurer.
The mesne process had, however, been materially di-
minished, and arrest was now limited to cases where a
judgment had been obtained against a debtor. The
present Bill proposed to deal with a very limited
class of cases, but he thought it gave an
opportunity to creditors of Members of Parlia-
ment, who might have a strong political object in
view, to resort to imprisonment with a view to obtain
their end, Such a course might tend to discredit the
character of a Member, and might prevent him, at a
moment of importance, rendering a service to his
country.—(Hear, hear.) There had been cases,
when party . spirit ran high, of a party b ing
rendered useless as a representative, and unable
to perform his duty. Those were considerations which
ought not to be omitted when the details of the Bill
were taken into consideration by the House. The
Bill involved a question of Parliamentary privileges, over
which they themselves had absolute power, and without
the interference of the other branch of the Legislature.
They would find a number of instances in the journals
of the House, in which Members had been arrested upon
judgments pronounced against them, sometimes been
discharged, and sometimes permitted to remain in con-
finement.

[LEFT SPEAKING.

Sir W. Molesworth paired off, on Monday evening,
with Mr. Ord, against the grant of 50,0001. for the relief
of distress it Ireland.

Mr. Bagge paired off against the Irish grant with
Mr. Slackinnon, on Monday night.
REPRESENTATION OF BRISTOL.—It is rumoured
that Earl Fitzhardinge has wholly withdrawn his sup.
port from tho Liberals of this city.—Bristol Mercury.