The Sun.
London, England, 1840-08-07 00:00:00

INFANT FELONS BILL.

Oa the Order of the Day for the third reading of
the Infant Felons Bill being read,
Mr. LANGDALE suggested, as there were several
amendments to be made, that the Noble Lord should
withdraw the Bill for the present Sessio He believed
there was in it the foundation of a good Bill, but they
had not had time to consider it.

Lord JOHN RUSSELL said the Bill having been
agreed to by the other House, and having been carried
to its present stage, after considerable discussion, he
could not consent to its postponement.
The Bill was then read a third time.

Sir CHARLES GREY moved the following clause,
by ,A•ay of amendment, after the first clause :—" And be
it further enacted, that in every case it shall be a part of
tha terms and conditions upon which such care and cus-
tody shall be assigned, that the infant shall not, during
his or her minority, be sent beyond the seas, or out of
the jurisdieiion of the said Court of Chancery."

Lord J. RUSSELL said that there could be no ob-
jection to the prohibition of sending children out of the
country ; but he would suggest that the words " during
the continuance of such care and custody," should be
substituted for the words " during his or her minority."
Sir C. GREY acquiesced ; and the clause, as amended,
was agreed to.
Mr. ASHTON YATES moved the insertion of the
following words in the first clause, after the word " in-
fant"—" And that such infant has no parents or natural
guardians, or that they arc indisposed or unfit to be en-
trusted with the care of such infant."
Mr. LANGDALE condemned the clause of his
Hon. Friend, and the enactments of the Bill generally,
as drawing a most inequitable line between the rich and
the poor.

Mr. BERNAL denied that the Bill deserved the
reprobation of his Hon. Friend ; and he defied that
Hon. Member to point out a single line in the whole
Bill in which a distinction between the rich and the
poor was drawn.
Mr. BRISCOE wished that this Bill should be
postponed to next Session. They bad postponed the
Administration of Justice Bill at the request of a poli-
tical opponent, and they refused to concede the post.
ponement of the present Bill to their supporters. The
reason why it was pressed forward was, because in a
full House it could never pass. The amendment of the
Hon. Member for Tynemouth would improve the Bill
certainly, but still he doubted the policy of such a
compulsory measure as this. His objections would,
however, be in a great measure removed, if the Go-
vernment would consent to the clause of the Hon.
Member for Tynemouth.

Mr. SHAW supported the Bill.
The clause was then read a second. and third time,
and ordered to be added to the Bill.

Mr. AGLIONBY znoved the following clause be
added :—" And be it further enacted, That no fee, re-
ward, emolument, or gratuity whatsoever, shall be dc-
manded, taken, or received, by any officer or minister
of the said Court of Chancery for any matter or thing
done in the said Court in pursuance of this Act ; and
that upon the making or opposing of any such applica-
tion, it shall be lawful for any Judge of the said Court
to assign cJunsel learned in the law, and to appoint a
clerk or practitioner of the said Court to advise and
carry on, or to oppose such application, who are bezeby
required to do their duties therein without fee or re-
ward." if that clause were agreed to, the objection
which many gentleman had expressed to the Bill would
be obviated.

The clause having been read a first time,
The ATTORNEY-GENERAL said he approved
of the clause, and was convinced that the profession to
which he had the honour of belonging would most
heartily concur in carrying it into effect.
The clause was ordered to be added to the Bill.
Mr. ESTCOURT then moved an amendment, to
the effect that no application should be made to the
Court of Chancery until after due notice to the father,
or testamentary or natural guardian of such infant, if
there be any such known to he resident within the juris-
diction of the said Court. He thought that every pos-
sible precaution ought to be taken to put the parents
or guardians of the child in possession of a knowledge of
what was going on.
Lord J. RUSSELL opposed the amendment. They
ought not to interfere with the discretion of the Lord
Chancellor.
Lord G. SOMERSET hoped the amendment would
be agreed to. The amendment of the Hon. Member
for Cockermouth would be useless unless this amend-
ment were agreed to.
The ATTORNEY - GENERAL thought the
amendment would be perfectly useless. It would
be an insult to the Lord-Chancellor to suppose he could
so far forget his duty as not to hear both sides before
deciding.
Mr. BRISCOE supported the clause.
Sir C. GREY said the objection of the Hon. Mem-
ber for the Univerity of Oxford arose from his ignorance
of the practice of the Court of Chancery.
Strangers were then ordered to withdraw, and the
House divided, when there appeared—

For the amendment
Against it
Majority
Mr. ASHTON YATES moved the insertion of
the following words in the first clause, line 13, after the
word " infant :"—" And that such infant either has no
parents or natural guardians, or that they are indisposed
or unfit to be entrusted with the care of such infant."
Lord JOHN RUSSELL thought they had better
not be inserted.
. Mr. ASHTON YATES withdrew his amendment.
Mr. LANGDALE moved in line 17, after the word
" direct," to insert, " regard being always had to the
religious creed of such infant, or to that of the parents
or surviving patent of such infant."
Lord JOHN RUSSELL thought the insertion of
the words would give rise to great inconvenience. It
was found that persons of all religions worked together
in factories without any inconvenience, and if this
amendment were agreed to, it ought to prevent any child
at any time being apprenticed to a persodneerfenat
different religious persuasion to the parent.
Mr. LANGDALE maintained that the talting
away a child and educating it in any religion iff
to that of its parents would be a violation of every prin-
ciple of toleration, and one to which he would never
consent.
Lord JOHN RUSSELL said it was not intended
that the children should be educated in a religion d.f•
the amendment, which
ferivenirt from.EsTtchaotuofßtTlie
si r u
pppaorretnetds.
the Noble Lord would
be
iciorn.siAdeGreLdiwoaNs 1-Barymainlocpeadnd
consent to the introduction of the words moved by the
Horn Member for Knaresborou
"11. there appear N.l.
The House then divided, who
Fo r theMajority
jaotor
iotnydamgeani
against
Against it .. ........ :t"t.i: .......
..................... 2289
After a few words from
bMr BRISCOE,
.•... .. .. ....
e amendment —1
Mr. LANGDALE
this Bill, and as he had rersienrivoeuds that ho believed there
was a great questiol of religious principle at stake in
beenll merely defeated by a (tast-
ing vote, he would avail
opinion,l-Io use
tostsrhuocwk a great detestationbletvof the
his iaself
of
every
form
a oft. religiousthe Bill,
ilheiretlyt,. is
He
would therefore oppose the passing of the Ball.
The House then divided, and the numbers were—
For the Bill
Against it 9
Majority —4o

The Bill was 'then passed.