The Sun.
London, England, 1836-04-29 00:00:00

..... _......------.
.-...e.-- _
favouritism, or partiality. He held in Iris hand a petition from have to ask the indulgence the House,
t any length,
James Stevenson, proprietor of a house on one of the leading though it was not his wish to detain the a
he found it
roads in the county of Renfrew, who had been repeatedly yet he found the subject so uninviting, at least the atten-
ttract
refused alicense, merely because his house stood too near to aso in another place, that it was not easy to a than that
rtant
public work-that is, the proprietor of that work thought so- tion of his hearers. But a subject more 'rm
the country at
although he allowed one of his own servants to be licensed to which he was about to bring forward, eithe to
House, could
sell spirits and ale. James Stevenson's house was well situated large, or to each individual of the
of Chancery
for a coaching station-had been built on purpose-he was a not be found ; because the Courdteu.
ding by far the
man of acknowledged good character, and yet he was refused by degrees became the ultimate Court for
' and it was re-
because,
a license, to the great injury of his property-and this although greater portion of the property of their country,te ,_xity of the
he could boast of the recommendation of one of the best Ma- sorted to, to decide the nature of property, the ce ic
gistrates in Scotland, Sir John Maxwell, the father of the means resorted to for the better enjoymentwas not nOvi
Hon. Member for the county of Lanark. The sons of brothers from a variety of other causes, which it
o city of this
of Magistrates often became dealers in wines and spirits in necessary to explain, a large portion of the
continue
so as
lung
Scotland ; and in the city and county of Edinburgh did the country was under the controul, and would
io of the Uourt
Hon. Baronet, the Member for that county, ever hear of such as the present law existed, under the administra
for their Lord-
persons being refused licenses? of Chancery. The Bill he had now to proposde .
~
t rat
of a
mime r
Mr. ROSS moved the House be counted. ships' adoptiodwas one to provide for the du=b
nt
Bill required a
On our return, we found Court having such extensive jurisdiction-
d hi s would give
Mr. WALL ACE reprobating in very strong terms the eiost patientinquiry, and he was sure their Lor s P
they would bear
of pproperty, and
abortive attempt which had been made to stifle this petition, it their most serious attention, and
he ex.sting oils
which exposed the Tory system of finding favour with poor with him while he shortly pointed out td 1
what remedies
publicans-a system which he hoped the Hon. Member's Bill which it was proposed to redress, an
would put an end to, and place the licensing with the Excise had occurred to him to remove them. As to
htheerebteuseinnseswliO;
so that every man of good character might obtain one, and fol- transacted by the Court, he would refer to t
had
low out his trade and calling without bowing and scraping to he had taken the liberty of calling for.
He
might think
Justices of the Peace, their agents or domestics. He (Mr. these returns from a very early period but .
bed done SO
W.) held that every man was entitled to follow any trade he from too early a period for the purpose-but
had
,aket, place
pleased, and if publicans disobeyed the law, they would be for the purpose of showing the increase which '
d in the Court,
amenable to it, and might be deprived of their licenses ; but since the time when Lord Hardwicke preside
of Chance*
while they conducted themselves properly, it should not be no- which were called the golden days of the Court.
ce that time,
cessary to apply for new licenses, as was the present vicious Many doubted that the business had increasedsin
ulence, and
practice. James Stephenson's petition exhibited the residences but considering the increase of the wealth, and P A;
° xtraorionarY
of many other publicans, nearer to public works than his house commerce of this country, it would be most e
nt of the
was, and yet the sobriety hunters refused that to him which if it had riot increased. When tile first appointmeastonished
they granted to others. _
Vice Chancellor's Court took place, he e
wa
•as not used
The CHANCELLOR of the EXCHEQUER suggested at what was stated by Sir Samuel Remaly,
who
w tatements;
that as the whole system of licensing would shortly come under to be incorrect--who was most particular in his state
„,t_aeoey
the consideration of the House, it would be better to defer dis- yet he had said that lie believed the business 1 t-'"
moved for
Hardwicke.
cussion on the subject until then. At the same time he agreed had not increased since the time of Lord orter,
in the views of the Hon. Member for Greenock, that there lie confessed he was astonished at it from
such.avietlk_
e, die
should in future be an end put to the partial system which he and that if they had now such men as Lord Hardt°, tit the
had pointed out, leaving the law to punish offenders, and de- difficulties would cease, and that the evils were not
hear.)
prive them of their licenses when necessary. He also ap- system, but in those who administered it.-(
proved of the suggestion of permanent licenses, as the Hon. For these reasons, he was anxious to have meansHoefaars
the i"-
Member had stated it had been found to work well in Ireland. the fact one way or the other, and to know whether from
After a few words from Mr. MAXWELL and Mr. A. JoIIN- convenience which existed and the dela which occurredc_."..,,
STONE, leave was given to bring in the Bill. of fact from an 0 r.s.-
the pressure of business, arose in point
CAPITAL PUNISHMENTS. of business, or from some other cause. For tb. se
oa of il'rd
Mr. AG LIONBY rose to move for leave to bring in a Bill be was anxious to procure returns from the Pert_
_peered
to repeal so much of the statutes 9 Geo. IV. c. 31, and 10 Hardwicke's Chancellorship, but, unfortunately t'Y
Iperiod, end
Geo. IV. c. 34, as relates to the period of the execution of that no books were kept during this
t.ese to_
persons convicted of murder, and the prison regulations as to consequently they were unable to make tg,_ stten-
murderers under sentence. He would briefly state to the turns.-( Hear.) He would, therefore, call the',l_oo,l the
House what his object was. As the law at present stood, the tion at present to the period of his administration
str_aola be
sentence on felons convicted of murder was required to be year 1767, the earliest period at which the return of
the
carried into execution within forty-eight hours after the sen- complete. It appeared that the average
anal,' of
tence was passed, unless Sunday intervened, in which case cases set down to be heard in the two certaining
Lord Ch"-
execution was deferred till the Monday following. The short- the Court of Chancery, viz., the Court of thetho year
ness of time thus allowed to elapse between the passing of the seller, and the Court of the Master of the Rolls,
the annual
-
sentence and its being carried into execution often occasioned 1761 to the year 1765, was 411 . This was , what sP
great injustice to the persons convicted, inasmuch as it pre- rage during that period. Comparing this with ears,
5 years,
vented, in those cases where the assize town was at a peered upon the returns, the annual returns for the last w au-
remote distance from the metropolis, any application viz., from 1831 to 1835, was 1,283. Proceedtilv:4lch had
to the Crown for mercy, or a mitigation of the sen- other description of business, viz., the petitions_ ,en,ocerY,
tence.-( Hear, hear.) So strongly was the hardship of the been presented in the two branches of the Court ofteL'etitions
present state of the law felt by the judges of the land, that he found that from 1750-for the returns of the :' 1760 i
it was a well known rule on the circuits to try prisoners went back to an earlier period than the cause7;,°duriefiC.
from
al aye.
charged with the crime of murder on tile Friday, in order that the average during this period was 379, wl4 g. 2,813'
a little extension of time might take place between the sen- the last five years, the annual average wtof Char'.
tence and execution. Now the object of this Bill would be to He had then looked to another branch of the CourL, of the
obtain such an extension of time ; and he thought the practice eery, in order to see what was the pressure on the ti_rne' court,
of Scotland, in this respect, was well worthy of adoption in Lord Chancellor in hearing appeals from the oth,:averieje
England; Ile, therefore, intended to propose, that in all cases that of the Master of the Rolls. They found t'. , from
of conviction of murder, the sentence of death should not be from 1761 to 1765 was twelve, and the avertotters
carried into execution before the expiration of 15 days after 1831 to 1835, was fifty-live. The latter applied to a' being
them A.
sentence was passed, nor later than 27 days. that cccupied considerable time - none of ~ dispels!!
Mr. EW ART seconded the motion. matters of course. He had now, he trusteor_esioese ''',`
Mr. Sergeant JACKSON said the same law existed in for ever of that imputation on the present course of Dud II
Ireland as was complained of in England ; he therefore hoped the Court of Chancery, as compared with the time require
the Hon. and Learned Gentleman would extend his measure Hardwicke, and the assertion that no assistance Waste well!
to Ireland. n
in his time. No man was more disposed to esti,atself• 3,,
11 Mr. BROTIIERTON was understood to object to the the character of Lord Hardwicke as a Judge than 01' if, ha'
punishment of death altogether, imge hiP•
few had better opportunities of judging of it than h I.ools
Mr. POTTER expressed his apprehensions that the Le- ing been entrusted with the manuscript notes of his
al the Ic..
or
gislature were proceeding too far in the abolition of capital He had, therefore, abundant opportunity of tracing ! °singea
punishments. curacy and industry of that Learned Lord in loiter
Mr. HUME was able, from examination, to make a state- the business, which, although it was small es teetielt
ment which lie was sure would strike every person as a very with the present time, yet received his unremitting; 00pr,
strong proof of the good that had arisen from ameliorating He found that that Learned Lord had not only maul_ by or's
the criminal code, by putting an end, in many cases, to capital notes, but had adopted the best security for the suit° !me the;
punishments. He had stated that during the period of five ing his judgments in his own hand, and then delive_ret;ed ,le
sears, ending in 1825, there were 990 commitments for That mode of administering justice so much pra raise t."..,
horse stealing, averaging 198 commitments in a year ; and Lord Hardwicke, and which must have tended tna peactluit
that 37 persons were, during. that period, executed for that great name which belonged to his memory, was bear.),eir
offence. He had also stated' that during the period of five always advisable to follow if possible. -( Hear, write VI e
years, ending in 1834, there had been 9G6 committals, aver- would be absurd to say that Judges were always to iricej that
aging 193 each year ; and that many were convicted hut not judgments ; but in complicated cases he was cony load Wt.
one. was executed. During the last year, 1835, the number of no course was better for a Judge to adopt, t° .odgelealt,
individuals committed for that offence was 163, being 30 under to a right conclusion, than writing out hisjt be se:a;
the average of the preceding five years. But extraordinary as Drawing the comparisons lie had done, it most f that gr-of
this fact was, it was but of little moment when compared with posed that he was detracting from the character °,,,,ioncerY t
another statement which it was in his power to make. During Judge ; his object was to rescue the Court of `'. a able °es
the three years ending the Ist of September, 1829, the number the present day from the charge of delay-not bin tin'
of committals in the cases of coining, forgery, horse stealinir, perform the business of the Court as it was done rest i',fr
sheep stealing, Si. larcenies in dwellings, house breaking, and' of Lord Hardwicke. Looking at the very "'whate___Af`
burglary; was 4,622 ; and the number executed was 96. In crease of business in the Courts, no pers°nceinerY 1,7,-ts.
the three years ending 1835, when capital punishments were could be at all surprised that the present raathere on
in many of these cases discontinued, the committals were 4,292, not as effectual at the present moment as it was `,., ate) '-/.,.
and only two persons were executed. other period he was anxious to draw their LordshiP',,bt cl Oa
The CHANCELLOR of the EXCHEQUER-As they to, was 1813, inasmuch as at that time it was theue°,--0":011e.
were all agreed, lie hoped, on the propriety of the object which able to afford assistance in the Court of Chanciercas fa;ci
his Hon. and Learned Friend had in view, it would perhaps he cries of " Hear, hear, hear.") Another perio" oppoirl'oe
more convenient for him (the Chancellor of the Exchequer) He referred to the year 1823, because there wagdopted
now to confine himself to the expression of his entire acquies- a Committee to ascertain the best course to he aridingaeo
cence in this motion.-( Hear, hear.) He hoped by the time despatching the business of the appeals then Pe . set i'B'l2,
his Hon. Friend anticipated, they should have the report of 1813, they wished to ascertain the average of can:lc-and Leto
the Commissioners. He rejoiced that this special case, in the for hearing in the three years preceding, 1810,18' at the. "I;rt.
present state of the law, had been brought under consideration. so as to know what was the state of the business el Goren,
After a few words from Mr. LENNARD, that it became necessary to establish the Vice-Cliaoc. hat nt..„,
Leave was given to bring in the Bill.
The average number of causes in the three years.,l4l:s.jd i:pa
RAILWAYS.
tioned was 540; then, taking the years 1823, 1874' 18341 the
Sir HARRY VF,RNEY moved, in pursuance of notice, he took those years as corresponding with 183:' food ite•
that a humble address he presented to his Majesty, praying 1835, to which he should next refer, b
c, „000‘,01,
his Majesty to appoint a Royal Commission, to whose consi- average to be 945, while in the three last-mention Woe
deration should be submitted every proposal to construct a mediately preceding the present the average numb eriOd ; lee-
railway in any part of Great Britain and Ireland before the The averages stand thus, then :-541 for the first 13 eee. de
introduction of a Bill for the purpose into Parliament. for the second period ; and 1,301 for the pres.ent t..„11' regrearj
The CHANCELLOR of the EXCHEQUER felt it his forcing again to the same source of information,,cree Yeee,
duty to negative the motion. petitions, I find the average number during the 0,170 e
After a few words from Sir GEORGE STRICKLAND, Mr. 1821, 1822, and 1823, to have been 1,487 ; neo Con ,16;
to t" oe ' L
Mexweer. and Mr. POTTER, 1834, and 1835, it was 2,817. The appeals the avera°lB3."
Sir H. VERNEY consented to withdraw his motion. Chancery in 1810, 1811, and 1812, were on , ,n 033,
ortetet
CIVIL BILL COURTS (IRELAND) BILL. in 1821, 1822, and 1823 they were 42; ann test itilP,,bich
Upon the order for the recommittal of this Bill, being read, and 1835 they were 55. There is another r°- one, , to'
Mr. F. FRENCH moved that the House be counted ; branch of business, which has occupied so roue Court %as,
when 40 Members not being found in attendance, the same was has interfered so much with the business of thea `iito tooeneitit
reported to' the Speaker, who immediately adjourned the have been the subject of great complaint-I mea serf t 0
House at half-past ten o'clock. with respect to which I have not thought it neee,sin tbeotioas-
for any returns, and for this reason-becanosef the To toy'
place, the labour of ascertaining the number
_eid be le tie
would be such, that I thought to impose it
‘e,Wo..rt, whos steel
pose too severe a tax on the officers of the t-,°" cause ad teel
is the time of the public ; and, secondlfy,
eehtiers,,, ans.; lot,
portion of the motions arc mere motions 0
.t,e other f th.f:
ought to be separated in such a return from_elroticeeneecen
some alteration having taken place in
.th
a._F,..cd, ti L, ate
Court, by which motions of course arc distinguish couldi/e0 t
would not be one to which much consequencev_ eropoetlicels;
tached, inasmuch as it would not appear % n.a_ertbe
.ea_jt jet
the mere motions of course had been taken 1,11; my
Obit; ore
tion, or what proportion had been omitted• r'
House the relative cbec-
-0.5
:it,eoere‘bioursei
n'
es
!..
in
tc.pc
.....00;
bring under the consideration of the
shewn
thee_oet 1
portance of the business, and as I have is, it caned a,.
cu pied by the causes, the petitions, and aPprbas inccrealludre,
doubted that the other most important r:,,,, I havroporti Del,
least in the same proportion as that tdoinvaing;ete_r _Pdrot auto
The probability is that it has increased
there iS a ase ir; _I,
because experience has proved that whenside able incr.
edges, ye., _
bn eusmohfe
number
causesmotions.depending,
iin there is
Court, en;',„„ ereit`-. we
the mere fact of such a cause being in .
n, but u'''' °eons e-'55,
ever may become of it, a new application ee 4, only b „,
opportunity of applying by way of mouroefere,
the tiler busine to
necessity for a motion. No doubt, the
with
the °,t,,h rof 0,4 ery
increased in the same proportion fer to " e Challc:ot
There is another branch, and I shall re Court 01_,tant t
iissaheeaernd. arird.tinisblfroccta:ci.irof:;:
show to what a degree the business of the_._ bow intr:or ague,
has increased, but show to your Lordships to call )1:4 the li_rt
machinery is to which I am endeavour.if r,the bands
tuto adveip
tion; I mean the state of the fulls,
_111„ I are ahtl_ roone)3in
comptant-general. The return to I!, tie.!'ffie ri: .nory itv
I have from the accomptant-gencral o
sthe Vice-Cbildingeet°ber
his hands in 1812, the year beforei
en d wag stet' of (3-° e,99.
was passed, amounted to 28,137,0,,, :,n the toont..o of 1,,,f r go
account of 6,266 causes - the sum
ii,
.1.,, athat it is.osalc,
wido jar!..oo
ctlastraiulisi 3en'
causes.
r ,
such 3 ertY, ''''' the
tion, such a control over immense 5 b
' importancecYourre 3L9o7rtBd:sal;toi
ustiee."` of the ler'
alle ocre bilh itele'reo-dr
u:hte '7.-4'ell-eni
- c'
pOasO/Cl.v,oilstiltraftendllai,nv7inags_es
of
protpot•
, jilos..)
My Lords, it is my belief, great as i
function
der which "eriedi ;13
be administeredway to securemf.to. the sujelle'tt.* he,
due, but a prompt administration
of Chancery, mighty as are the e
, under its e cernovaseice
form, and immense as is the propm:.ewin ee--o ofjuso ifs
that if it were possible-as I hope It
infinitelY. To of is
in that Court, it would be resoled t°
interPositiof it, hccreoet
causes of the delay which occur in the adrninistra -:,rc tb eh °
has been. The public require
ie tai
to keep uo tv
_.„,, its's... ig
Court ; but they make great sacrieces
sineis prLeeerleis, 11.411 a;
they well know that the pressure of That, MY ele yours gr el:
performime its functions speedily.
I will now are was .1, d
evidenceeby the return to which
a_ 1813, then_:doraDC
.1100
was eOsn'ld of 'l.,ieo
ships' attention. Previous to the r
t : o'
r::::::
uses the "al %in- 40..
ficulty experienced in getting
ethrown in , to If, , CiFoie
pressure of business in the Court
very serious impediments
obtaining that which it was
they applied to it. In the p.
public had held e and thicro,,l)Lue
cery Court, however, the p . , ; ;
dministrat.ort -diately aust to)
prospect of a more speedy a
I was almost
, ironic . r,. at that 6 aP:
nOtWb ' 04.
quence was, that taere
there was - t thatbyree op 1.
suitors to that Court.
Nowt' business, eleeP
._d the. r otto 4
to induce such an influx o
was resew thetroarif I'd
• tof a new judge there
A deCiSIOn tlP_ a°b ills 0 be
pomtmen
, • • a judges
froi.. f IA a 1
to parties of obtaining
very
conclusion,bor o 30 tiee
were
their
o:Yiflt'
That appears the nece
es,
and the Hors catiso,e of oft•
of the number of caush
i ittmber
_,O paSS7 CO Act
immediatel before,
thew
-t mediately ate's: I,l:chaner.7o at_ pe;
Bill for the establishmentr
before the gassing. was
seer I, e
of the e ica,-_siog
.ce _O6 Di
~de
gacauses set down i,e):,,, eict4,le„.ovca e
the average number
after the passing °N.I
5":,.17. P.
numberpuring otfhe bills
three
h r
ee filed i m
during the three years
number of causes set down for hearing % a

HOUSE OF LORDS, APRIL 28.
The LORD CJIANCELLOR took his scat on the Woolsack at
five o'clock.
IRISH MUNICIPAL CORPORATIONS BILL.
The Marquis of CLANRICARDE presented a petition in
favour of the Irish Municipal Corporation Bill.
OBSERVANCE OF THE LORD'S DAY.
Petitions in favour of the better observance of the Sabbath
were presented from Wesleyan Methodists by Lord Yarbo-
rough, the Bishop of London, the Marquis of Bute, the Earl
of Ripon, and the Bishop of Bangor.
BOROUGH OF IPSWICH.

Lord HAT HE RTO N said he had three petitions to
present from the Borough of Ipswich. The first, from
the Aldermen and Town Council ; the second, from
the Mayor and Magistrates ; and the third from the
inhabitants of the town, all very respectably signed. The
petitioners represented that great public inconvenience
was likely to arise in consequence of an alleged informa-
lity in the election of the Town Council, and prayed that
their Lordships would pass without delay the Bill then before
the House, containing clauses which would meet those incon
veniences.

CAPITAL PUNISHMENTS.
Lord DACRE presented a petition, praying for the abo
tion of capital punishments, except in cases of murder.
MESSAGE FROM THE COMMONS.

Mr. BERNAL and others brought up the Grand Junction
London and Birmingham Railway Bill, and stated that the
Commons had agreed to their Lordships' amendments.
The Sussex Turnpike Road Bill was also brought up.
The Marquis of LONDONDERRY presented a petition
from Houghton-le-Spring, praying for the better observance
of the Sabbath.

Earl CLARE presented a petition from the European re-
sidents of Bombay, praying for an equalization of the duties on
Sugar and Coffee.
Lord DUNCANNON laid on the table the fourth Report
of the Commissionere, appointed to inquire into the prisons of
Ireland.

Lord LANGDALE presented a petition from Robert
NP William, against the Grand Junction Railsw.y Bill.
Lord WHARNCLIFFE presented a similar petition from
Hull. _

The Earl of ROSEBERY gave notice that it was his
intention to move the second reading of the Scotch Entail
Bill, on Thursday next.
Lord HOLLAND presented two petitions from Mansfield,
against the punishment of death in any case except murder.
The Marquis of LANSDOWNE presented the Report of
the Committee with respect to both Houses of Parliament.
The Belfast and Armazh Railway Bill, the Wearmouth Dock
Bill, the Endowment Bill, and the Lanark Road Bill, were
severally read a third time and passed.
The British Alkali Company's Bill was read a first, and or-
dered to be read a second time to-morrow.
RESIDENCES AND PLURALITIES BILL.
The Archbishop of CANTERBURY, in moving the fur-
ther consideration of the amendments to the Residences and
Pluralities Bill, observed, that as he understoodthcre were some
amendments of an important nature to be moved, he would sug-
gest that they should go into Committee pro forma that even-
ing; that the several amendments be printed, and if any other
amendments were to be moved that they also be printed.
After a few words from Lord Ellenhorough, the Duke of
Wellington, and Lords Radnor and Melbourne, the Bill was
reported, and ordered to be printed.
CHANCERY REFORM.
The LORD CHANCELLOR, having moved that
that part of his Majesty's Speech which relatle to
the administration of justice should be read, proccededlfo say-
, it became his duty to call the attention of their Lordships
to the plan which he should submit, for the purpose of carrying
into effect the intentions of his Majesty in that part of the
speech which had been just read,—(Hear, hear.) He should