The Sun.
London, England, 1823-05-28 00:00:00

. . .
COLONIAL JUDICATURE.
Mr. W. HORTON obtained leave to bring in a bill for the
better administration of Justice In New South Wales ; also to
bring in a bill for the establishment of Civil Courts in the colony
of Honduras.
CR IM INA L LA WS.
Mr. Secretary REEL said, that in the debate of the other
night, he distinctly stated the objects of the bills he was about
to,' bring in. They were to repeal certain capital punish.
meats, and to give to the Crown the power of employing con.
victs in hard labour. In investigating. the subject. he had
found two capital punishments not alluded to in the Report of
the Committee, but which, standing upon the same principles
as the rest, he proposed to have repealed. There was another
offence which did not distinctly appear by the resolution* of
the lion. and Learned Member, but which was referred to in
Ida opening—he meant the capital offence of destroying hop.
poles. This he proposed should be punished by transpurta.
don. The Right Hon. Gentleman then moved for and obtained
leave to bring in several bills to amend the existing laws on the
etrtieular subjects mentioned in the course of his speech,
SHERIFF OF DUBLIN.
Mr. CAI4CRAFT moved the Order of the Day : and the.
...

4ouse having thereupon resolved itself into a Committee, the
fon..Member said he wished to ask a few questions of the
Right lion. and Learned Attorney General for Ireland, which
he preaurned there would be no objection to answer.
Mr. PLUNKETT assented, and was then examined in his
place by Mr. CALCRAFT, to the following effect never
heard it was the practice of the Law Officers to order how to
commit. In the ease of Forbes they merely deliveml an opi.
nion. The act of committal is judicial ; and the Magistrate
must act on his own discretion and responsibility. I think a
Magistrate would act irregularly and indiscreetly who ehould
commit without examining the depositions himself. I never
heard that Major Sirr differed in opinion from the Law Officers.
BY Colonel Baithy—Several examinations were taken in
the absence of the Magistrates P I do not recollect that they
were ordered to withdraw. I believe from Mr. Gray's answer
that all the depositions were not laid before the Itiagistmtes.
I expressed an opinion to Major Sin that the parties ought to
be committed capitally. The taking of depositions, in the ab-
sence of l‘lagistrates, occurred in a few instances; but this was
principally to give inforrention to the Law Officers; and not
to adduce evidence on which to commit. In the' committal by
Mr. fiabbett, security was given to prosecute; In the commit-
tal by Major Sirr, there was not.
By a exit-tett—l Neve no recollection that the Magietrates
were ordered to withdraw.
By Mr. lin Ittirr.--Mitjor Sirr never stated any doubts to
me. I believe GeOrge Graham was committed for a conspi-
racy to murder. It appears by Mr. Gabbett's evidence thet
the persons were so committed under the advice of the Law
Officers, and I take it for granted I gave that advice. I be-
lieve I saw Major Sirr twice. The Law Officers conferred as
to the advice to be given. I understood the Magistrates had
applied to Government for advice. The opinion* of the bate
Officers were founded on the whole of the evidence. Major
Sin was aware that evidence had been produced, not exhibited
to him, but he might have had access to this evidence bed he
pleased. Mr. Gabbett saw the whole evidenee, and bound the
parties over to prosecute. We thought the offence amounted
to a capital offence. believe Forbes was released in the course
of the night on which he was apprehended upon balk The
published account of the trials is tolerably correct.' The ac-
culled were given in charge on all the informations at the same
time.
By Mr. BENITZT....Some of the itfaistratee hold their
offices at pleasure, Major Sin does not, I believe.
By Colonel ilaartY.-1 thought certainly that all the 9.
aminations had been laid before Mr. Gabbett.
By. Dr. LUSHINGTON.—I do not know that all the exam!.
nations were taken on the same day. I had no share in taking
the examinations, and can therefore 'speak of them only by con-
jecture.
By Sir JOHN NEIrPOnT.—I have occasionally had applici-
tions from country Magistrates as to the sum necessary to !ie
taken as bell in ordinary cases.
By Colonel Baany.—As to the particular pereons in ques-
tion, I gave en opinion that they ought not to be bailed at all ;
the charge being capital.
By Arr. ELLia.—The accused were afterwards held to beif
by order of the Court, to simmer informations to be filed effete
wards by me. I must decline answering whether I think an
A ttorney-General has a right to call for bail to answer an infefe-: mation to be tiled afterwards.
Mr. GRATTAN suggested the re-calling of .fir Abraltere
King; but atter a few words from Mr. ;.secretary Peel, he
abandoned his intention;"
Mr. CA LORA PT begged to know whether the Gallant
Colonel had any morawitnesees to call on the part of the Sheriff.
Colonel BARRI' eaid, that he would act according to the
pleasure of the House; but he conceived that the OM of the

to procure information. He wLshed to take till to-morrow to
consider as to the course he should pursue.
Mr. liiTTLETou explained.
Mr. PHILLIPS thought the Bill was likely to produce an
effect directly the reverse of that expected by the Hon. Mover.
Mr. Husicissox explained.
The petition was then read and ordered to be printed.
MESSAGE.
A Message from the Lords =noun* that their Lordships
had agreed to several Public and Private Bills.
IRISH CORONERS.
Irel
Sir R. SHAW presented a petition from certain Coroners in
and, complaining of the alteration in the law respecting
Coroners, made during the last Session.
Mr. S. RICE said, that when the measure was proposed last
year, he prophesied that these objections would be made, and
the inconvenience which he had anticipated had now arisen.
Mr. R. MARTIN maintained that the Sheriffs of Ireland
would administer the law as purely as the Sheriffs of England.
lie was desirous of asalmilating the laws in the two countries,
and he was sure they would be administered as purely in the
one as in the other.
Mr. C. HUTCHINSON made a few observations against
the alterations which had been made.
Sir J. NEWPORT said, that the law had been grievously
abused in Ireland_ by Sheriffs, anti the suitor was now deprived
of a protector whieh he formerly had in the power of the
Coroners.
Mr. It. MARTIW explained.
Mr. GOULBURN said, he would not detain the House by
repeating what' he had so often said upon this subject. He
could not see why a system which worked so well in England
should not be productive of advantage to Ireland.
31r. DALY supported the alteration which had been made. The petition was then ordered to be printed.
3lr. LINDSEY presented a petition from Cupar against an
alteration in the Linen Lawe.--Ordered to be printed. y
Alt. R. COLBURNE presented. a petition from the port of
Clyde, praying for the abolition of Slavery.—Ordered to be
metal.
Mr. CALVERT presented a petition from an Individual
against the Fees of the Court of Requests in Southwark.—Re.
ferred to the Committee.
Mr. C. GRANT said he held in his hand a petition from an
Individual residing in Dublin, complaining of the conduct of
the Guild of Merchants in that city. lie knew nothing of the
accuracy of the contents of the petition.—Laid on the table.
Slit T. MAITLAND.
Mr. HUME wished to ask the lion. Secretary for the Co.
lonies whether it was intended to continue Sir T. Maitland in
the Government of the lonian Islands. As an answer to this
question would govern his conduct as to a future motion, he
hoped it would not be withheld.
Mr. WILMOT said he could assure the Hon. Member that
he knew of no intention to remove Sir T. Maitland from the
Government of the lonian Islands.
LAWS AFFECTING SUICIDES.
Mr. LE NNA RD rose to bring forward a motion of which
he had given notice, as to the custom which existed in this
country of doing outrage to the remains of personsfilo dew.
After a few remarks upon the useless and barbarous nature of
the law, the Lion. Member concluded by moving for leave to
bring in a Bill to alter and amend the laws relating to the inter.
ment and remains of persons ego de sc.—Leave granted.
IRISH GOVERNMENT.
Mr. HUME rose to bring forward his motion for reduc
the Lord Lieutenant and Chief Secretary for Ireland. when 1
Mr. Secretary PEEL rose to observe that the Chief Secre.
tary was not then in the House, having gone to fetch some in.
formation which he had left, upon the understanding that the
question would not conic on that evening.
After a short conversation as to the rotation in which the
business of the night should come on,
Mr. HUME withdrew his motion, saying that it was one
which would do as well on that day week or fortnight as then.
He did not wish to stand in the way of important business.--
(Hear, hear 1)