The Sun.
London, England, 1856-07-11 00:00:00

sure which provides a permanent remedy for that occa-
sional inconvenience—a measure which I think would se-
nire to the appellate court that strength which would ena-
ble it at all times to be efficient for the purposes which it
has in view ; and it appears to me that it would be a great
misfortune if this house were to reject the bill and deter-
mine that an inconvenient state of things, of which such
complaiats have been made, should continue to exist.
(dear.) It is said that you will lose nothing by rejecting
this bill, because during the interval between the end of
1 the present session and the beginning of the next the ordi-
-1
nary cessation of the appellate jurisdiction of the House
~)f Lords would take place. But I apprehend, looking to
the arguments which have been used in this debate, that
if the matter were to be taken up at the beginning of
next session there would be little probability of the house
passing the measure, so as to allow it to come into ope-
ration before the end of the session ; and therefore the
question does not relate merely to the interval between
this session and the next, but to the continuance for a
touch longer period of a state of things which both those
who are for and those who are against the bill have con-
temned. A great deal has been said as to the effect of the
bill upon the prerogative of the Crown. It is manifest, I
think, to anybody who reads the bill that it acknowledges
the prerogative and limits it; that, on one side, those
who object to life peerages have acknowledged the prero-
gative of the Crown to create them, and, on the other,
those who maintain the prerogative have consented to a
limitation for the purpose of establishing the appellate ju-
risdiction of the House of Lords on a satisfactory basis.
Such is the compromise which the bill carries into effect,
and I have only, in conclusion, to express my hope that
the house, rejecting the amendment of the hon. member
for Northampton, will consent to go into committee.
Mr. ROEBUCK, who was received with loud and general
calls for a division, rose for the purpose not of making a
speech, but of putting a question. The noble lord had
carefully avoided giving any opinion upon one important
point—the prerogative of the Crown. In order, therefore,
to prevent the house taking a step in the dark, might he
be allowed to ask the law officers of the Crown what, in
their opinion, the legal effect of the bill would be with
respect to the prerogative? He was convinced, for his
own part, that the bill, as it at present stood, would take
away the power of the Crown to create life peerages above
a certain fixed number.
The SOLICITOR-GENERAL said that it was impossible
to give a positive answer to the question of the hon. and
learned gentleman, without first ascertaining whether the
Crown had the prerogative of creating life peers. If there
were such a prerogative, beyond question this bill, as now
worded—the wording being a matter for the consideration
of the committee—limited the exercise of that prerogative,
so that by virtue of it there could not be in the House of
Lords more than four peers for life at one time.
The house divided, when the numbers were—
For the amendment
Against it 133
Majority
—22
The announcement of tho numbers were received with
loud. cheering.
The Corrupt Practices Prevention Bill was read a se-
cond time.
The Revenue (Transfer of Charges) Bill was read a third
time and passed.
ENCUMBERED ESTATES (IRELAND) BILL.
This bill having been read a third time,
Mr. WHITESIDE moved the insertion of a clause the
object of which was to reduce the number of the commis-
sioners from three to two.
Mr. J. D. FITZGERALD opposed the clause on the
ground that, while the Executive possessed the power of
reducing the commissioners from three to two, if that
were expedient, the judicial force of the court really re•
quired to be strengthened, not diminished.
Mr. NAPIER supported the clause.
Lord NAAS said that the house had not yet been in-
formed whether the Government intended to make any
serious alteration in the personnel of this tribunal. Did
they mean to remove Baron Richards ? and, if so, who was
to be appointed in his stead ?
Mr. GROGAN approved of the clause, the question
raised by which was whether Baron Richards should re-
turn to his legitimate court, and the number of commis-
sioners be reduced to two.
Lord PALMERSTON said his Lou, and learned friend
had distinctly stated the other evening that it was the in-
tention of her Majesty's Government that Baron Richards
should not continue to be a member of the Encumbered
Estates Court, but that he should return to his ordinary
duties. The Government thought it desirable to retain
the power of appointing three judges of the Encumbered
Estates Court, but if it was found that two judges could
conveniently get through the business the number of
judges would be reduced to two.
sir .T. GRAHAM wished, after the statement of the
noble lord, to ask whether it was to be distinctly under-
stood that Baron Richards was to return to his own court,
and was no longer to take part in the business of the En.
cumbered Estates Court ? It was desirable that the house
should clearly understand whether, if, as Mr. Longfield
and Mr. Hargreave, the other judges of this court, be-
lieved, they were able, with a proper addition to their
staff, to perform their functions as commissioners, the
Government would abstain from appointing a third judge.
Lord PALMERSTON had intended to state distinctly
that it was the intention of the Government, as an experi-
ment, to try whether the duties of the Encumbered Estates
Court could be efficiently discharged by two judges. (Hear.)
Mr. WHITESIDE was'perfectly satisfied with the state•
ment of the noble lord, and would therefore withdraw his
amendment.
The bill was then passed.
The Customs (No. 2) Bill was read a second time.
The Magdalen Hospital (Bath) Bill was read a third
time and passed.
The Endowed School of Moulton Bill was read a third
time and passed.
The amendments to the Court of Appeal in Chancery
(Ireland) Bill were considered and agreed to.
COURT OF CHANCERY (IRELAND) RECEIVERS'
BILL.
This bill was read a third time and passed.
PRISONS (IRELAND) BILL.
This bill was also read a third time and passed.
POOR•LA.W AMENDMENT (No. 2) BILL.
The order for the second reading of this bill was read
and discharged.
WILLS AND ADMINISTRATION BILL.
Upon the motion that the order for going into commit.
tee upon this bill be discharged,
Mr. FIADFIELD objected to the course taken by the
Government, and hoped that some explanation would be
given.
The motion was agreed to without remark, and the bill
was withdrawn. I

INDEMNITY BILL.
This bill was read a second time.
EPISCOPAL AND CAPITULAR ESTATES BILL.
Sir G. GREY, in moving the second reading of this bill,
said he proposed to continue the existing act for one year,
in order that the recommendations of the commissioners
might be considered by the house.
The bill was the❑ read a second time.
JUDGMENTS EXECUTION, &c., BILL.
The house went into committee pro forma upon this bill,
which was ordered to be printo.l.

CRIMINAL JUSTICE BILL.
This bill passed through c)trimittee.
STAMP DUTIES.
The CHANCELLOR of the EXCHEQUER, moved for
leave to introduce two bills. The first provided for the
reduction of the duty upon proxy papers for voting in re-
spect to railway companies from 2s. 6d. to Gil. (Hear,
hear.) That reduction, he believed, would meet with
general approbation, as he was informed that the present
rate of duty acted as a practical restriction upon the share-
holders from voting, and thereby prevented them from
controlling the acts of the directors. It was a matter of
public policy to make the alteration he proposed. The
bill also proposed to effect a similar reduction in respect
to certain iu Scotland called mandates, which were proxies
for voting in respect to municipal and parochial matters.
He also proposed to make an alteration with respect to the
stamping of articles of clerkship to attorneys. At present,
if the articles were not stamped before taken out they were
invalid, and he proposed to adopt in regard to those instru-
ments the same course that was pursued in respect to simi-
lar documents, and to allow them to be stamped at a
future time upon payment of a penalty. The other bill
which he wished to introduce was intended to give to
landowners iu Scotland the same advantages with respect
to the income tax which were virtually enjoyed by land-
owners in England, and which had been confe,-red by
ect of Parliament Lpon landowners in Ireland. In
Ireland there was an express provision by law that in cal-
culating the income tax au exemption should be made for
so much of the poor-rates as fell upon the landlord. In
Scotland the general incidence of the local rates was upon
the landlords, who were in general, he believed, charged by
the law directly with those rates. The effect of that state
of things was, that the landlord received his rent without
any deduction being made for the local taxes ; he paid
the local taxes himself, and his income tax was charged on
his gross rental, including the local rates. That was a dis-
advantage under which the Scotch landlords laboured in
comparison with the same class of persons in England and
Ireland, and from it he now proposed to relieve them.
(Hear.) He further proposed to make an alteration with
respect to the clerks of the Commissioners of Income tax iu
England. The effect of raising the rate of income tax bad
been so to increase the scale of allowance to the clerks of
the commissioners as to render it excessive. He proposed
that with respect to all those gentlemen whose salaries
arnounte 1 to more than 500/. a year, their poundage should
be reduced from 2d., which it was at present, told. in the
pound, provided that alteration should not reduce their
salaries to less than 5001. If this reduction of the poundage
should have the effect of bringing the salaries below
5001. a-year, they would be made up to that amount.
The effect of proposed provision would be that about 30
of the present clerks of commissioners of income tax out of
about 700 would undergo a diminution of their salaries.
(Hear.) He also proposed to make a slight alteration in
the land tax. At present the power of redeeming this tax
was confined to persons who had an estate in fee simple.
Persons having liwited interests, such as life estates, did
not possess this power, and he now proposed to confer it
upon them.

Leavo was given to introduce these measures, and the
two bills were introduced and read a first time.
ECCLESIASTICAL COURTS.
Mr. HEADLAM obtained leave to bring in a bill to
abolish certain ecclesiastical courts, and to continue cer-
tain temporary provisions concerning ecclesiastical juris-
diction in England for a limited period.
The house adj,urned at 2 o'clock.