The Sun.
London, England, 1824-02-19 00:00:00

LICENCE DUTIES.

Petitions were presented from the Licenced Victuallers of
Sleaford and Portsmouth, praying a reduction of the Excise
Duties on Licenses.

SMALL DEBTS.

Lord ALTHORPE rose to move for leave to bring in the
Bill for facilitating the recovery of Small Debts, of which he
had given notice to the House. Alterations had been sug-
gested to him from various quarters, but his measure would be
exactly the same in principle as that of last year. However, as
Borne Members might be present who had not read that Bill,
he would state shortly what were its chief objects. The Com-
mittee had found that a great proportion of the debts of trades-
men were less than 101. in amount, and that they could not re-
cover without a greater expence than the amount of the debt.
The consequence was, that payment depended upon the will of
the debtor. To meet this evil, his proposal was, that an As-
sessor should be appointed under the Sheriff to male the circuit
of the county, and to hold his Court in such towns as the Ma-
gistrates might appoint. He should not detain the bOllBll
further at present, but move for leave to bring in a Bill to pro-
vide for the more easy Recovery of Small Debt% in England
and Wales.
Mr. J. SMITH, in seconding the motion, said that the mea-
sure of the Noble Lord was calculated to remove one of the
greatest grievances to the class which it affected than could
possibly exist. He could not better give the House an idea of
it than telling them of a case which happened in his own family.
A servant of his was pursued for a debt of 31. 18s., which he
was unable to pay. He made no defence to the suit, and yet
his taxed costs amounted to 141.—(Hear!)—He was conse-
quently sent to prison for the debt of 171. 18s. The officer who
served the process told him (Mr. S.) that he had to perform
similar duties every day. He was glad the measure was sup-
ported by the influence and rank of the Noble Lord, it would
be most acceptable to the country, and he hoped it would en-
counter no opposition.—The mottos was then agreed to.
PENALTIES AND WARRANTS.
Mr. D. GILBERT obtained leave to bring in a Bill to pro-
vide for the more effectual recovery of Penalties before Ma-
gistrates, and to give greater facility to the executioa of War-
rants.

BANKRUPT LAWS.
Mr. T. COURTENAY rose, according to the notice he had
given, to more for leave to bring in a Bill for consolidating
laws respecting Bankruptcy, and in some measure amending
them. The House had so often investigated and discussed the
subject, that it was not n,-cessary for him to get into it at length
upon the present occasion. His first objection was to effect the
consolidation or union of all the acts, in order that they may
present to a person at once the whole state of the law. He
thought the House would soiree with him that such an object
would be a beneficial one. 'He also proposed to make some
alterations which he would not now follow into detail, al-
though there were one or two important points to which he
would call their attention. In the first place he should propose a
clause by which under certain restrictions a man might render
himself subject to the operation of the law, and thus remove
the criminal character which the existing law fixed upon every
act of bankruptcy. He should also propose some alterations in
the manner in which certificates must be obtained, and in their
operation. He then moved for leave to bring in the Bill.
Mr. J. SMITH, in supporting the motion, said, that the
one now described was identically the measure which he had
formerly proposed. He could, however, have no feelings of
regret on that subject, for lie found that the utmost application
which he could bestow upon the subject for two years had not
enabled him to surmount its legal difficulties. He rejoiced to
see it in the hands of his Hon. and Learned Friend, and he
trusted it would be successful. With regard to the manner of
obtaining certificates, some of the most abominable practices
that ever were heard of had arisen by persons getting posses-
sion
of the property, and then refusing the poor bankrupt his I
certificate.

111 r. Serjeant ONSLOW expressed his satisfaction at find-
ing that his Honourable and Learned Friend had undertaken a
question which had so long required the interference of the

Mr. A BERCROMBY said, he should trouble the House
with a few words, in order that his silence should not be mis-
construed into an approval of the measure. If it was the ob-
ject of the Learned Gentleman only to place the Acts of Par-
liament in 4 different light, he could not well see the use of
such a proceeding. And if intended to abridge them, or to
leave out some parts and add others, then he was touching a sub-
ject of the most extreme difficulty; and he hoped the public
would not have to lament that it had been done. With respect
to the alteration which removed the criminal character of
bankruptcy he fully agreed in the principle. But if any thing
were done, it ought to extend to the whole character of the law,
and not to a particular branch.
Leave was then given to bring in the Bill.
ISLE OF MAN.

Mr. CURWEN rose to bring before the House a motion
relative to certain instructions given to the Duke of Athol
with regard to the Government of the Isle of Man. He de-
scribed the constitution of the Island, and said that he should
have no difficulty in sheaving the wisdom of its origin, and
that it had frequently conferred great advantages upon the
inhabitants. The object of his present motion was to prove
that the constitutional rights of the Island had been violated
by the instructions in question, for the production of which he
was about to move. The Hon. Gentleman proceeded at some
length in an analytical description of the constitution of the
Island ; principally with reference to the administration of
the criminal law, which was the point to which he wished
to direct the attention of the House. He stated that the House
of Keys (answering to the description of the House of Com-
mons in England) had by long custom been considered neces-
sary to legalize the verdict of a Jury. Whether this was right
or wrong was not the present question. It was the custom of
the island, and in consequence of recent institutions given to
the Governor by the Secretary of State, had now been dis-
pensed with. He was so satisfied that this act of the Right
Honourable Gentleman was illegal, that he had no hesitation
in declaring his opinion that any Judge who condemned a
person to death on the mere verdict of a Jury in that bland,
without the concurrence of the House of Keys, would be guilty
of a legal murder. Some controul in this respect was absolute-
ly necessary; when it was considered that the Judges of the
Island were removeable at the pleasure of the Crown ; that one
had recently been removed without trial ; and that the Attorney
General of the island, the principal Law-Officer, was not a re-
sident there. After some remarks on the unconstitutional na-
ture of this interference on the part of the Crown with the con-

stitution of the island, the Honourable Gentleman concluded
by moving for an address to the Crown, praying that the House
might be furnished with a copy of the instructions sent by his
Majesty to the Duke of Athol, as Governor-General of the Isle
of Man, relative to the Court of Jail-Delivery of the island ;
and a copy of the Memorial presented to the G.overnor-General,
complaining of the non-residence of the Attorney-General of
the island.

Mr. Secretary PEEL said the difficulty to meet the Hon.
Gentleman was in not knowing whetljer he spoke as Member
for Cumberland, or as a Member of the House of Keys, which
latter, he believed, the Honourable Gentleman was.—(A
laugh.)--The question raised by the Honourable Gentle-
man was entirely a legal one—whether the Legislative branch
of the Constitution was entitled to controul the verdicts of
Juries. It would be a monstrous anomaly if this were really
the case ; but he admitted, that on that account alone it would
not be justifiable in his Majesty's Government to correct the
Constitution without the authority of Parliament. The Ho-
nourable Gentleman, however, had assumed the principal
question ; which was, whether this House of Keys had such
a constitutional right; and the better opinion was, that they
had sot. The case had, in the first instance, been laid before
the Attorney-General of the Island, who was the person sup-
posed able to bring the !most informatien to a discussion of
it. That Gentleman gave it as his opinion that there was
no such right. The case and opinion were sent to him (Mr.
Peel), and he did what he conceived a Secretary of State
ought to do on such an occasion. The question of right was
purely a legal one ; and he therefore sent it to the Attorney
and Solicitor General of England. Their opinion coincided
with that of the Attorney-General of the Island ; and even
then, so far from assuming to himself any arbitrary power of
giving directions, he had merely sent the opinions to the Go-
vernor, leaving those (if any there were) who conceived them-
, selves aggrieved to pursue their ordinary and proper remedy by
an appeal to. the Privy Council. The Hon. Gentleman had
noticed the removal of a Judge of that Island. The fact was,
he had been charged with corruption in a suit between two indi-
viduals. A serious inquiry was instituted, and he (Mr. P.)
was sorry to add, that there appeared too much reason to be-
lieve that the charge was well founded. The result was, that
he was removed; and, to prove that no improper or political
feeling had influenced him on this occasion, he had only to
notice the fact, that he had recommended the son of the Hon.
Gentleman opposite as the successor (Mr. Curwen bowed.)—
(Hear, hear, hear!)—The Hon. Gentleman had complained of
the non-residence of the Attorney-General ; but the House
would at once see the degree of justice in this complaint, when
he informed them that the islanders wanted an eminent lawyer
for their Attorney-General—wanted him to reside constantly in
the island ; and therefore to give up the practice which had
made him eminent; and to such a gentleman they offered the
remuneration of 45001. a-year.—(A laugh.)—He conceived that
there was no good reason offered in support of the motion, and
he should therefore resist it. He had no personal interest, one
way or the other, as to the right in question of the House of
Keys. If they had the right, they could obtain the confirma-
tion of it by appeal to the King in Council, a course which was
still open to them.

Mr. ABERCROM BY supported the motion, relying upon
the long and uninterrupted practice of the contest exercised by
the House of Keys. He thought they should hare had an op-
portunity of being heard by the King in Council, before the
Secretary of State had given his judgment.
The ArI'ORNEY-GENERAb said it clearly appeared
to his Learned Colleague and himself, from the documents laid
before them, that the Members of the house of Keys formed
no part of the Court of Gaol Delivery. Their interference
with Juries was an usurpation originally, beginning about 100
years ago, and not exercised for the last 40 years. There had
been upward/ of a year afforded to petition the Council, which
was the proper tribunal of appeal.
Sir JAMES MACKINTOSH said the notification of the
opinion of the Crown Lawyers was not made until the Oth of this
month. What had been called the Usurpation of a Century,
was not lightly to be overlooked in a consideration of the
Criminal Law of the Island. He thought, too, that it was
rather too much to expect acquiescence in the deprivation of
people's rights, or even of their claims, on the mere opinion of
the Crown Lawyers.
The A TTORNEY-GEWEItAL explained.
Mr. COURTENAY opposed the motion, on the ground
that there was a remedy open for red,ressing any alleged griev-
ance by an appeal to the Privy Council.
The House then divided, when there appeared—
For the Motion - - - - 23
Against it - - - - - 28
Majority, for the Motion - —2
IRISH LAW COURTS.
The Report of the Committee on this Bill was brought up
and agreed to.
The Irish Clergy Residence Bill was read a first time, and
ordered-for a second reading on the first day of March.
The Exchequer Bills' Bill was read a first time, and ordered
for a second reading to-morrow.
The same course was taken as to the Appropriation of Aids'
Bill.—Adjourned at a quarter to seven.

LIST OF THE MINORITY
Who voted for Lord Nugent's Motion,
For the production of the Instructions to Sir 'William A'Court,
as to the neutrality of this Government, and his Conduct in
Spain.
Baring, A. Hume, J. Palmer, C. F.
Burdett, Sir F. Hutchinson, Hon. Robarts, Colonel
Benyon, B. C. H. Russell, Ld. J.
Brougham, H. Hamilton, Lord A White, Luke
Campbell, Hon. J. Honeywod, W. P. Wall, C. B.
Cavendish, H. Hurst, It. Wood, Alderman
Denison, IV. J. Ingilby, Sir W. Wilkins, W.
Denman, T. Maberly, J. Wilson, Sir R.
Ellice, Ed. Moberly, W. L. TF.LLtItli.
Grattan, J. Milrioribanks S. Hobhouse, J. C.
Graham, Sandford Mackintosh,girJ. Nugent, Lord