The Sun.
London, England, 1851-02-07 00:00:00

THE EXPRESS
EDITION.

SUN-OFFICE, EIGHT O'CLOCK,

IMPERIAL PARLIAMENT.

(THIS EVENING.)

HOUSE OF LORDS.

The LORD CHANCELLOR took his seat on the Wool-
asek at Five o'clock.
PAPAL AGGRESSION.
The Earl of BANDON presented several petitions
from places lu the county of Cork against Papal aggres-
sion, and praying that any measure introduced might be
extended to Ireland.
The Earl of ENSKILLEN presented several vti-
tions from various parishes in Ireland to the same effect.
The Earl of EGLINTON presented several petititns
to the same effect.
The Earl of CARLISLE presented a petition to the
same effect.
The Bishop of MANCHESTER presented several
petitions against Papal aggression.
The Earl of ST. GERMAN'S gave notice that he
should, on Monday, move for the appointment of a Com-
mittee to consider the complaints of certain persons
employed in the inland department of the Post-office.
EXTENSION OF THE JURISDICTION OF THE
COUNTY COURTS—LAW OF EVIDENCE.

Lord BROUGHAM explained that he intended, on
the motion for the second reading of this Bill, to
amend the law of evidence which he had introduced on
the first night of the session. He proposed to carry out
the principle of Lord Penman's Bill, taking away ob-
jsctiona to evidence on the ground of character or in-
terest, by enabling parties to the suit themselves to be
called and exambned either by themselves or by the ad-
verse party. lie would move the second reading
of that Bill at whatever time should best
suit the convenience of his Noble and
Learned Friend on the Woolsack. Some years since,
in consequence of their not having then the benefit of
county courts, it became necessary to extend to the pro-
vinces the bankruptcy jurisdiction, which had been
found to work well in the metropolis. Now we had the
county courts established throughout the country, and
Lord Lyndhurst had, on introducing his measure for ex-
tending the bankruptcy court jurisdiction to the country,
declarid that such extension was necessary, because
they had no county courts. The bankruptcy system
of jurisdiction had worked admirably both in the
metropolis and iY the country ; its superiority in the
country districts, was even more manifest than it had
been in the metropolis. But the establishment of the
county court jurisdiction had at last come, and great
satisfaction had been expressed in all parts of the coun-
try at the extension of their jurisdiction last year.
In five years something like a million and a half of suits
had been tried; and under the Extension Act of suits
between 201. and 501., no less than four thousand suits
had been tried during the course of the last five months.
He had been informed by a very learned county court
judge, that of those 4,000 suits the greater number
would never have found their way to Westminster Hall,
but would not have been tried at ail but for the exia-
fence of those county courts, and that thus but for those
courts ju,tice would have been defeated. The blocking
up of a court on account of the great expense attending
suits was in fact a denial of justice, and that denial had
been remedied By the institution of their county courts.
It was a matter of great regret that these courts had not
been instituted 17 years Up). Another most invaluable
part of the county court system was that a hich enabled
parties by consent to give the Court jurisdiction in cases
of greatar amount than 501. But there was one most
important jurisdiction which was not exercised by the
county courts. He should wish to see those courts
have a reconcilement jurisdiction, which was found to
work admirably in Belgium, Denmark, and in every
country in welch courts of reconcilement existed. He was

new about to take another step for the extension of the
jurisdiction of County Courts, and to transfer to them
the bankruptcy jurisdiction, which would enable them
to effect a saving of the expense of the whole of the
bankruptcy staff except the official assigpees. He pro-
posed that gradually the whole of the bankruptcy ju-
risction should be absorbed in the County Court jurisdic-
tion. He wished :o make the change iately, and at the
same time effectually. He brought forward this measure
now in ori:r that knowing th.t such a measure was in
contemplation which would effect a saving of 42,0001.
a year, the Go:eminent might not fill up vacancies as

they occurred. He saw no reason why, if they had
efficient County Court judges in the capital, the bank-
ruptcy jurisdiction ni;ght not be transferred to them
fur the metrop,olis, as well as to the County Court judges in
the provinces. He proposed to extend the plan of rt quiring
the proceedings in County Courts to he on stamped
paper, instead of paying those expenses in fees, which
would save the expense of treasurers, inasmuch as by
tile adoption of that method the whole of the fees would
be collected without expense by the Commissioners of
Inland. Revenue. The average of bankrupts during
11..7e years, excluding the years 1847 and 1848,
had h:ea 1,304, but during the last year
She bankrupiciEs had been only 800. A per-
lien of that diminution was attributable to the in-
ereas,d prosperity of the country, but a portion of it was
also attributable to the institution of the county courts.
The county court judges might exercise their jurisdic-
tion either as they now did, not being fixed to the spot,
or to fix them to the spot; he should prefer that they
should not be more fixed than they now are, because it
was imfmrtant that they should keep up their constant
eriihinunication with Westminster Hall. Tee Noble
Lord concluded by moving that the Bill be read a first
time.

The LORD CH.A.NCELLOR had for many years
received acts of kindness from his Learned Friend,
and be had never felt more obliged to him
than on the present occasion for introduc-
ing this measure f.,r the amendment of the law.
He should he happy to give his Learned Friend every
facility, but his Learned Friend could not expect him at
once to commit himself by giving an opinion of the
measure which had been just introduced, inasmuch as he
had not yet had an opportunity of considering its pro-
visions.

Lord BROUGHAM did not desire his Noble Friend
to alter, one tittle of the ildl; all he was anxious for was
that his N,:ble Friend should take it under Lis care. The
bankruptcy-law as it at present stood, was not under-
stood, by . any one, not even by the judges,
and the result_ was that injustice was done. There
co,aid he no wonder at the delays in the Court of Chan-
c-ry when tha judges were unable to understand the
law of baLkruptcy as they had been propounded and
pLaced, in the statute book of the Legislature. He was
angry to 54y If bat such was the fact the Acts of the
I.43gtslature with respect to bankruptcy were not under-
stood by the Legislature. He could conceive nothing
worse then a Legislature passing Acts which no one
could andurstaud.

L ad CRAIN WORTH considered the subject of deep
ipiporta.nee. ..As he understoodthe tneAsur,i it was but
en • to alter the law Its it at present stood, but to make
a dilleren:.6 in the ,xecutive that were to carry it
out. 1.1.6' 6.;,ree:l with. his Noble Friend (I,rei
Bruu,gtha,m)
.that the opc,ration of the County Courts
',aeen,most beneficial to the country. No less than
upwards of three million of causes had been tried before
thoso courts since their institution, and very few appeals
had. betta made aga,:nst their.decisiugs. One thing that
made these courts popular was the facility they gave for
viva voce evideuca. _

A ter a few observations from Lord BROUGHAAI
the Bill ii;:as ordered Co be rpad a filut time, and the;
second reading wad postponed sine die.
ANSWER TO THE ADDRESS.

The AI:WiIiTsoifVESTMINSTER brought up her
MajestY's answer to the Address w lich was as follows:
" I thank you for .your 10y..1 and dutiful Address.
I rely with coitidLoce on your assistance to
ims.lL.tlin the rights of my Crown and cordial unity
Nvi;h a measure calculated to strenghen 'and unite our
inatitutivis."

PAPAL AGGRESSION.
Lord STANLEY, referring to what had been said
by the Lord Privy Seal last night,: wished to
knmiv whether any cornm,inication had been made to the
yoble Lord by the lope stating that he had measures
in raw that would affect this country, and whether he
had any objection to them. Ile also wished to
„know
whetter Mich communication had teen made known to
Ca-rdinal Wiseman?
The Earl of lIIINTO did not think that any such
communication had been made to him. lie had some
taint recollection of something being said about ecclesi-
aitical dignity, but ho did not recollect exactly what it
was.

Lord STANLEY thought the statement of the Noble
most unsatisfactory.
Mzer soave further observations the subject dropped,
and the acute adjourned.

HOUSE OF COMMONS.
The SPEAKtII took the Chair a few minutes to Four
o'ulock.

REPLY OF HBR MAJESTY TO THE ADDRESS
OF THE HOUSE.
Mr.•LASCELLES, the Comptroller of her Majesty's
Household,appeared at the bar, and addressing the
bpi,aker, said, I have presented to her Majesty the
Address of this Hon. House, to which her Majesty has
been pleased to return :be following answer
4. I have received with much satisfaction your loyal
and dutiful address. Your expression of attachment to
my throne is very gratifying to me, andyou may be
a:eurcd of my dctemination to maintain the independ-
ence and uphold the constitutional liberties of my
kingdom."
OVFICE OF COUNSEL TO THE SPEAKER.
Mr. WILSON PATTEN moved for a select com-
mittee, to consider the mode in which the duties hereto-
f.re attached to the office of counsel to the Speaker,
with regard to the private business, shall be
perf,,rmed; and to propose such regulations re-
enerally as they
3P2cting, private businessg
b uhere, Mr. Verno
Smith,l° t Bertic
na'iSiMr Gr.eort (c.leerk, Mr. Evelyn_ EobD.ertent-
ROU, mr. Henley, Sir John fardc Sir
&Ir. Hume, Mr. Sotheren, Mr. Brotherton,
Sir J,,hn Duckworth, Mr. Deedes, Mr. Bramston, and
11r. Wilson Patten. The Hon. Member said the House
would resollect that a Committee was appointed last ses-
sion to consider in what way private business
should be conducted during the present session,
end the ComenittPe
among Which vr7stae one to certain resolu-
tions,recommending the
abandonment of several old forms of proceed-
ing which were found defective and inconvenient,
end the Aoptien of other forms of proceeding not sub- 1
PO to thOsA 01:1*Livt3. One of the offices, the
clutiea ai 'which Were detailed by the Committee, 1

was that of counsel to the Speaker. That office
was of the greatest possible importance, and
required not only considerable experience, but con-
siderable legal knowledge on the part of the person who
bad to fill it. The First Lord of the Treasury, for the
reasons he had explained yesterday, thought fit to
abolish the office, but however advantageous such a
course might be to the public in a pecuniary point of
view, it had involved the House in considerable diffi-
culties. The object, therefore, which he had in moving
the appointment of this Committee, was for the purpose
of considering in what way those difficulties might be
obviated.

Mr. IT. SMITH said the recommendation of the
Committee referred to by the Honourable Member,
and over which he (Mr. Smith) presided, was that
on a vacancy occurring either in the office of
counsel to the Speaker, or in that of chief clerk to the
House, the question of the re-appointment of counsel to
the Speaker should be considered. The intention of the
Committee was, that some gentleman should be appointed
clerk of the House who would alio be capable otLacting
as counsel to the Speaker.

Mr. LABOUCHERE said he entirely approved of
the motion, as ho was anxious that the whole subject
should be considered not only on the ground of public
economy, but what was of more importance, the due
conducting of private business.
After a few words from Mr. SLANEY and Mr. J.
STUART, the motion was agreed to and the Committee
appointed.

BOARD OF TRADE.
Mr. DISRAI:LI intimated that it was his intention
to renew his motion to inquire into the constitution of
the Board of Trade.
PAPAL AGGRESSION. -
Petitions against Papal aggression were presented
from places in Essex by Sir R. Inglis; by Mr. Frewen,
from places in Sussex; by Mr. Alderman Humphery,
from Southwark; by Sir William Verner, from Armagh;
by Mr. Plumptre, from places in Kent; by Mr. Fuller,
from places in Essex; by Mr. Mundy, from Shirley,
in Derbyshire; and by Mr. Alderman Sidney, from
Stafford.