The Sun.
London, England, 1841-09-07 00:00:00

tiff of any matter not stated in the summons.
Clause 54 enacts, that notices be given of special de-
fences.

Clause 55 enacts the mode in which forms of proce-
dure are to be framed.
Clause 5G enacts the course of proceedings, if plaintiff
does not appear or prove his case.
Clause 57 relates to proceedings if the defendant does
not appear.
Clause 58 enables the defendant to pay money into
Court.
Clause 59 enacts that partics may be examined, and
that witnesses are not incompetent from interest.
Clause 60. And be it enacted, that every person who
in any examination upon oath or solemn affirmation be-
fore the judge of the county court shall wilfully and cor-
ruptly give false evidence shall be liable to the penalties
of perjury.
Clause 61 relates to summonses to witnesses.
Clause 62 relates to fines, how to be levied and ac-
counted for.
Clause 63 enacts how costs may be recovered.
Clause 64 enacts on what terms plaints are removable.
Clause 65. And be it enacted, that the judge of the
county court shall have power, on application being made
to him at the first court holden for the same district next
after the trial of any suit, or otherwise, if he shall think
fit, to order a new trial to be had in such suit, and in
the meantime to stay the proceedings, provided always,
that if a verdict be given for the same party on a second
trial such verdict shall be final, and no new trial shall in
any case be granted after execution.
Clause 66 enacts what may be charged by agents.
Clause 67 enacts that minutes of proceedings are to be
kept.
Clause 68 providt's that the court may make orders for
payment of debt and costs.
Clause 69 relates to cross-judgments.
Clause 70. And be it enacted, that no suit shall be
brought in any court for the recovery of any sum
awarded by any judgment of the county court in any
such action as aforesaid.

Clause 71 enacts that the court may award execution
against body or goods.
Clause 72 enacts how execution may be had out of the
county.

Clause 73 gives power to suspend execution in certain•:
causes.

Clause 74 regulates the sale of goods taken in execu-
tion.

Clause 75 enacts that distresses be within the provi-
sions of the 7th and ,Bth George IV., c. 17.
Clause 76 enacts that prisoners are to be in custody of
the shexiff.
Clause 77 enacts that prisons may be provided.
Clause 78. enacts that the gaoler receive prisoners com-
mitted.

Clause 79 enacts that the judge may allow maintenance
to sick or poor prisoners.
Clause 80 enacts that the provisions of the Ist and 2d
Victoria, c. 110, for removal of judgments of inferior
courts of record, are to be applicable to county courts.
Clause 81 enacts that execution be superseded on pay-
ment of debt and costs.

Clause 82 enacts that a list is to be made out of un-
claimed money.
_ _ _

Clause 83 enacts that the Commissioners of Treasury
are to direct how the accounts shall.be kept.
Clause 84 relates to plaints in replevin.
Clause 85 enacts how actions of replevin may be re-
moved:

Clause 86 enacts that possession of small tenements
may be recovered by plaint in the county court.
Clause 87 sets forth the manner in which a summons
shall be served.

Claute 88. And be it. enacted, that it shall not be law-
ful to bring any action or prosecution against the judge
of the county court, or against the clerk by whom such
warrant as aforesaid shall have been issued, or against
the Sheriff or Under- Sheriff, or any officer or person
by whom such warrant may be executed or notice posted,
for issuing or executing such warrant, or posting such
notice respectively, by reason that the person by whom
the warrant shall be sued out bad not lawful right to the
possession of the premises.
Clause 89 enacts that where landlord has a lawful title
he shall not be deemed a trespasser by reason of irre-
gularity.
Clause 90 enacts how execution of warrant of posses-
sion may be stayed.
Clause 91 relates to proceedings on the bonds in ac-
tions of replevin and trespass.
Clause 92 gives the power of committal for contempt.
Clause 93 gives remedies against b?iliffs and other
officers.

Clause 94 enacts that officers taking any fee besides
the fees allowed are to be discharged.
Clause 95 makes provision for the protection of officers
of the csrmrt.
Clause t,t: makes further provision for the protection of
officers of the Purl.
Clause 97 seta Put the consequences of bringing ac-
tions for small debts : n superior courts.
Clause 98 enacts thts.t distress shall not be unlawful,
for want of form,
prneeedings are not to be quash-
Clause 99 enacts that
ed for want of form.

Clause 100 provides a limitation of actions for pro-
ceedings iu execution of this act.
Clause 101 relates to the interpretation of the act.
Clause 102 enacts that the act may be repealed or
amended in the present Session of Parliament..

APPROACHING EXTINC.ITON ON TIM
WRETCHED SOCIALISTR.—The following report, taken
from the Anti-Socialist Circular, will be read with mucht
interest, as it shows Socialism to be rapidly on the de-
cline :—" The New Moral World of June 12 contains a
long statement of monetary affairs, by which it appears
that in addition to the sum of 4981. 14s. 9d., now owing,
there has been expended on the Hampshire community
experiment since October, 1839, 6,081/. 12s. 9d.,—
making in all an outlay of 6,580/. 7s. 6d. ' • while the/
present assets amount only to 3,8761. lc. scl. The re—
port further states that, estimating the crops at the:
same value as those of last year, there will be:
a further loss of 816 L on the present pro--
ceedings. The same number of the New Moral World:
announces " a levy of 2s. 6d. for each member of the
society throughout the branches, for the purpose
of meeting the deficiency in the general fund for tht?par"
ment of missionaries." The levy was to have been segil,
in by the 24th of June ; up to this day (July 20th) 0.1.3 Y
three members of the Reading branch have responded
to the call. The New Moral World, their weekly organ'"
formerly contained sixteen pages, the size of Chambers s
Journal—it is now cut down to eight pages, while
the leaders are quarrelling in the camp, the members in
the branches are also disagreeing among theinsciv 70
The general secretary has publicly called Mr. Oweetos
account, and required him, in presence of the delegate
congress assembled, to explain the cause of the
o, ~,.....
ment he has latterly met with at the hands of
3rdluoif
Owen ; while the New Moral World,
the branches ; calling upon those who cannot.
July, deeply deplores the internal disseonfsiotnhs
And the New
with the general plan to secede at once.
chiefly to these
among
Moral World of the 17th July attributes
rtefasrdoi:nid.
,trmaelntsof board, de-
claring condition. In
dissensions the present fallen and falling
without additional
the same number is the addresltr/ht
daring they cannot proceed
huppasaasntmong them,'"
funds, and acknowledging that
members " have fallen
thhoalf:
thdialuesrisgeogicvieltythyne
some of their eoaytrli ear
ine;
the want of confidence that has
&c. They also admit
during the last two years—
and have left them— trelempcgean)
deterred from joining the
and that many have bber.
n obloquy to vai.ch h- m
, i t ose are
on account of the pa i- ,
unite themselves with the society.—Tory
the number of its branches
subjected who
paper.
REPRESE
Lowther'' elevation the Peerage, w NTATION OF WESTMORELAND.--•
Lord
to hich is to
take place immediately, will necessarily occasion a va-
cancy in the representation of this county. We think
there can
i be but one opinion as to the choice of his suc-
cessor ; and we are confident we speak the sentiments of
a great majority of the electors, when we say that they
would look with satisfaction to Mr. Alderman Thompson,
to supply his place. In him the county of Westmore-
land would possess a representative of great influence, of
varied information, having both the ability and the in-
clination to serve his constituents, and to advance the
interests of his native county. We do not disparage the
merits of any other individual, in asserting that no gen-
tleman combines so many recommendations to the elec-
tors of this county. After stating so much, it will afford
our readers increased pleasure to find that he has con-
sented to be put in nomination, and that he is taking
this step with the most perfect approval, and with the
hearty concurrence of the distinguished Nobleman who
is about to be elevated to the Upper House.— Westmore-
land Gazette.
An Egyptian gorse—a very rare bird in this
1
part of the country—was, a few days ago, shot at War,
on the south side of the Tweed, by Lord Ossulstons
gamekeeper.-Liverpool Chronicle.

11.

IMPERIAL PARLIAMENT.
HOUSE OF LORDS. Sept. 6.
'he Duke of Wellington entered the House a few
minutes before five o'cloek, and took his seat in the place
heretofore occupied by Lord Melbourne. He was sup-
ported on the Treasury Bench by Lord Wharneliffe. the
Earl of Haddington, the Earl. of Ripon, and the Duke of
Buckingham.
About the same time Lord Brougham entered the-
House, and took his seat exactly opposite to his
former position, viz., at the head of the bench, close to
the chief opposition one, which was soon after occupied
by Lord Melbourne, Lord Cottingham (the late Lord
Chancellor), the Marquis of Lansdowne, Lord Duncan-
non, the Earl of Minto and Lord Campbell.
The LORD CHANCELLOR (Lord Lyndhurst) entered
the House at tweisty minutes past five o'clock, and took
his seat on the Woolsack.
The Duke of Sutherland .entered the House shortly
afterwards and caused considerable laughter, his Grace
proceeding to the Ministerial side of the House, and not
discovering his mistake till he found by whom he
was surrounded. Upon his Grace attempting to proceed
to the side of the House occupied by his political friends,
Lord Wharncliffe caught hold of his hand for the
purpose of restraining him, but his Grace, true to his
political creed, was not to be led astray.
On the motion of Lord WHARNCLIFFE certain
correspondence between Lord J. Russell and the Magis-
trates of Nottingham was ordered to be laid on the table.
ADMINISTRATION OF JUSTICE BILL.
Lord COTTENHAM moved the committal of the Ad-
ministration of Justice Bill.
The House having resolved itself into Committee,
Lord SHAFTESBURY in the Chair,
Lord BROUGHAM said their Lordships were aware
that he had some objections to make tolthe Bill, but he
preferred bringing them forward on the bringing up
of the Report.
Lora CAMPBELL said it was his intention to move
an amenthnent, with respect to the qualification of the
ex-Vice-Chancellor, in order to remove doubts that
might exist as the clause at present stood with
respect to the right of the Crown to appoint
to that situation a member of the Irish bar of fifteen
years' standing. He trusted that their Lordships would
have no objection to that amendment.
The Bill then went through Committee, and on the
question that the Report be brought up,
Lord BROUGHAM said—Perhaps it would be more
convenient to take the amendments in the order of the
clauses. The 19th clause enabled the Crown to appoint
two Vice-Chancellors, and he maintained that, although
the arrears was such that it was necessary to give some
addition to the judicial powers, yet the arrears being of
a temporary nature, there was no occasion to make the
additional power permanent.—(Hear, hear.) By the
Bill as :t at present stood, one of the new Judges was
to be permanent and the other temporary. The 20th
clause provided that one of the.Vice-Chancellors was to be
permanent, and the other to be only during the life of the
person originally appointed. Now, he thought there
ought to be only one Vice-Chancellor appointed, and
that the other should be but temporary. He would not
detain the House by repeating the arguments he had
urged on a former occasion. What had since passed had
eailier strengthened his objections, and he referred
,;idly to the delay that had taken place
with regard to the Bill. It was now fourteen months
',ince the Bill had been brought into the House. It was
.eferred by his Noble and Learned Friend to a
elect Committee, and had been adopted by the
:.—(Hear, hear.) It was then sent down
) the other House, and there it fell through.
He would not now enter into the reasons of its supposed
liilare ; but if there had been such an apprehension, and
,ach an anxiety for the relief of suitors, he thought a
clay of twelve months ought not to have been suffered.
..le was so impressed with that fact, that he took an
opportunity of bringing another Bill into that
douse, which could not in any way interfere with
•he privileges of the other House, but the last
'arlfaeient did not think fit to pass that Bill,
and the delay which had been consequent
on that refusal rather confirmed him in the grounds he
:ad given for his opposition to this addition. He would
then satisfy himself:* with proposing on the 20th clause
to substitute the word " and" in place of the word " to,"
and the consequential alterations dependant upon that
word.

lons.

Lord COTTENFIAM hoped their Lordships would
not lirn;i: the relief proposed to be given by the Bill to
the suitors in Chancery by agreeing to the amendment
preposed by his Noble and Learned Friend, who
ad net said one word respecting the transference of the
business mow transacting in the Equity side of the Ex-
chequer, which must of necessity increase the business
in the Court of Chancery. Neither had his Noble
and Learned Friend in any way alluded to the Com-
mittee, which reported upon the existing abuses in the
Court of Chancery. Before that Committee barristers
solicitors, and agents, and, indeed, all persons concerned
Lithe business of that Court, were examined, and the opi-
-,ion of all, without exception, was, that one additional
Judge would not relieve them from the pressure.
Tne evidence indeed led many to doubt whether two ad-
-4' itieeel Judges would be sufficient, because it would be
felly eepee-el when the business in the Court of
;.nanecry was freed from delay it would naturally
incnase, for they said it was now the constant practice
the profe:kiion to dissuade persons from coming into
the Court, unless the cause liras of some magnitude iii
(umequeuce of the ex-Are:eel delay in obtaining justice.
''he evidence given betote that Committee had led many te
change their opinions. They went in with an opinion
tall:. one Judge would. /le-sufficient and were convinced
that two would scarcely answer. An experience of. 46,
veers la the Court. •,f- iThancery satisiled him that one.
additional Judge wf..uld not be sufficient
The amendment was then put and negatived without
a. division.
Lo-1- CA-77'17'....ULL then moved to insert the words
so as to render Irish barristers of fifteen
'" Asir; alio eligible for office under the Bill.
• H.' 1.0!".1) 'CHANCELLOR said he thought the
enneeessary, as the words "barrister at law"
ii an Engli'sli or an Irish barrister.
faio A MIME LI, said he had consulted several le al
fr.-lends ou,the subject, and as they thought with himsilf,
that doubts might arise respecting it, he thought it im-
7oortae,', they should be removed by the Bill.—(Hear.)
BROUGHAII said if the words were added in
;hie Bill, he thought similar doubts would be raised
with. respect to the present Vice-Chancellorship, created
by -the 53.1 Clec;.
The Earl of IVICIIILOW thought the suggestion of

'Lio Noble Lord (Brougham) wis very important.
--(Hear.) It wa3 evident that it was not intended to
cxelude any member of the Irish bar from office under
the 8111, and therefore it was desirable that this Bill
m. have the practical effect of excluding Irish bar-
risters•from the oilier office. Under these circumstances
he ;rested their Lordships would give the Bill such cm-
,;A-ration as would remove the objection stated.
Lord CAMPBELL said their Lordships were all of
pinion that Irish barristers should be eligible to these
%ices, and as far as the two new offices wera concerned.
e weals ho proposed were clearly sufficient. He was
n;'33s enxions that it should be understood that they
,11. t) igilrle to the office as it then existed, and he
urelertalie,to introduce words on the 3d reading
wii;ch should certainly etnet i.Ehtiqeet,'--(1/ear.1
The LOIII) CHAI`XELLOR suggested that the
and Learned Lord would postpone his amendment
third reading of the Bill.
Ler,l CAMPBELL said that if, as the Noble and
c!iyd Lord on the Woolsack. seemed to think, it would
tiff caore eenvenient that the amendment should be in-
rediwed on the third reading of the Bill, he
li..ord Campbell) was ready to ac2ede to the Noble
and Learned Lord's euggustion ; but, certainly,
before 'the Bill left that House he should ask ther
Lordships whether any doubts ought to exist in a matter
el. such importance.
The Noble and Learned Lord then withdrew his
amendment.
1,4w:1 BROUGHAM read a letter from the Lord Chief
Justii c, deprecating the principle of compensation under
the circumstances referred to.
The clause was then struck out.
The report was then received, and the Bill was ordered
to lee: read a third time to-morrow.
A messenger from the House of Commons brought
up the Earl of Scarborough's Indemnity Bill.
FUNISHMEN'P OF DEATti BILL.
The Eirl of WICKILOW begged leave to call the at-
tention of her Majesty's present Ministers to the fact
Ireland was not included in the Punishment of
v)eath Bill as it had been introduced last Session. He
Lad at the time pointed out the anomaly, and he hoped it
would receive the consideration of the new Government.
The Duke of WELLINGTON said he would call the
attention of his.
Right, Hon. Friend the Secretary for
the Home Department to the subject.
Their Lordships then adjourned.

HOUSE OF COMMONS, Sept. 6.
The SPEAKER took the Chair at a Quarter before
Foi:r o'clock.
There were about one hundred Members (principally
Conservatives) at the sitting of the House. They took
their seats on the Ministerial sides. The only Liberal
Meinher who maintained his former place was Mr.
\VaklY• The Opposition benches were nearly empty,
there not being more than a dozen Members, among
whom we observed Mr. Hawes, Mr. Roebuck, Dr. Bow-
ring, Mr. HQmphery, &c. Lord Ingestrie, Sir George
Clerk, and Sir Thomas Fremantle, were on the Treasury
bench.

Mr. CILESWELL, and Mr. a DUNDAS took the oaths
and their seats.

TAXES ON FOOD.
Mr. HAWES presented a petition from a Mr. Wil-
liam Blanton, of Burnley, stating that if a man and
his wife, with two children, consumed food according
to a certain scale mentioned in the petition, they would
.lave to pay 14s. Gd. per week for it; whereas, if the
taxes on corn and other articles connected with the
food of the labouring classes were repealed, he would
only have to pay ss. Ild., making a difference of Bs. 7d.
per week, in consequence of the present system of tax-
ation. He therefore prayed the House to abolish all
taxes on food.

PETITIONS FROM FOREIGNERS,
Mr. lIUTT said he had a petition to present from a
2rencbman largely concerned in the importation of
watches. It was in the French language ; but he ap-
prlhended that would be no objection to its presentation.
The SPEAKER said the lion. Member ought to be
nrepared to present a translation with it.—(Laughter.)
I.lere would be no objection to its being presented if it
vere accompanied with a translation. The petition was
then withdrawn.

Mr. SHAW brought in the Lagan Navagation Bill,
which was read a first time.
At a few minutes before five o'clock Lord PALMER-
;TON entered
_ti House and took his seat on the front
Opposition benches.

ELECTION PETITIONS.
The SPEAKER then called on any Hon. Members
having election petitions to present to do so. petitions

were accordingly presented complaining of undue
returns for the following places :—County of Cork, bo-
rough of Sudbury, borough of Athlone, two petitions ;
city of Gloucester, town of Southampton, two petitions ;
borough of Kindale, City of Dublin, town of Nottingham,
the Elgin district of burghs, county of Kerry,
county of Tipperary, city of Lichfield, borough
of Blackburn, borough of Dudley, city of Ro-
chester, two petitions • borough of Newport, Isle
of Wight; borough of Bewdley, borough of Newry,
(from Sir John M. Doyle,) county of Wigton, borough of
Wakefield, (from Mr. S. Lascelks) ; county of
Flint ; borough of Cardigan, two petitions (one from
Mr. Pryse Pryse) ; borough of Reading, and county of
Louth.

The Petitions were then ordered to lie on tho table.
The usual order was agreed to, that the Speaker issue
ids warrant for persons, paper„ and records necessary
:Or the trial of election petitions.

EARL OF SCARBORorJGH'S INDEMNITY BILL.
The Earl of Scarboro-agh's Indemnity Bill was brought
up from the Lords,
Sir T. FREMA:STLE then gave notice of his inten-
tion to move thr..t the Bill should be advanced immedi-
ately throne'. its different stages. Such a course was not
contrary to precedent, as appeared from the case of the
Earl of Harborough's Bill in 1820.
Lord PALMERSTON had no objection to the course
proposed.
Mr. WAKLEY would not oppose the proceeding, but
he trusted that, whenever a poor man might violate the
law through ignorance, the House would be equally ready
to extend to him its indulgence.
The Bill was then read a first time, read a second time,
committed, read a third time, and passed.