The Sun.
London, England, 1856-02-27 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS-(YESTERDAY).

The LORD CHANCELLOR, took his seat on the woolsack
at five o'clock.
NEW PORTRAIT GALLERY.
Lord STANHOPE gave notice that on that day week
be should move an address to ber Majesty, praying that
she would be graciously pleased to assent to the erection
of a national gallery of original portraits of those who
bad distinguished themselves in an honourable manner,
..and who were worthy of being commemorated by this
country. (Hear.)
Lord MONTEAGLE gave notice that on Monday
next he would call the attention of the house to the
financial state of the army.
THE MERCANTILE LAWS.

The LORD CHANCELLOR rose to call the atten-
tion of the house to the second report of the Commis-
sioners for inquiring into the mercantile laws of the dif-
ferent ports of the 'United Kingdom. The noble and
learned lord said that great complaints had been made
by the people of Glasgow, Liverpool, and many other
places in the United Kingdom, as to the operation of
the mercantile law, which they stated impdsed very
serious grievances upon the country. The subject had
been considered by souse of the most eminent legal au-
thorities of the country, and various recommendations
had been made with the view of remedying the griev-
ances complained of. In conformity ivit'e these recom-
mendations he bad prepared some bills, which, he hoped,
he would soon be able to lay on the table. He would
propose that those bills be read a, first and second time
with as much speed as possible, and then refer the whole
of the bills to a select committee of the house, after the
termination of the circuits. The great object to be at-
tained by these bills was to assimilate the mercantile
laws of every part of the United Kingdom.
The noble lord then proceeded to instance the case
of bills of exchange or promissory notes, in which there
was a very great and inconvenient difference between
the laws of England and Scotland. There was one
other very important subject to which he would refer,
viz., contracts for the purchase of goods. In England if
a man contracted to buy so many bales of cotton or
bushels of wheat, and the seller did not deliver them, he
might bring an action to recover damages for the breach
of contract ; but in Scotland he might have a decree for
the recovery of the specific chattel, or for delivery of the
goods. The commissioner strongly recommended that
this law should be extended to England. In Scotland a
carrier, although responsible for loss by accident, was
not responsible for loss by fire. The commission recom-
mended the exception should be done away with. The
next point was in reference to ships. When a ship
was in a foreign port, the master, by implication of law,
had authority from the owner to order repairs at his ex-
pense, not so in a home pert. That was reasonable
enough, but by the old law the distinction between home
and foreign ports was sometimes absurd. Fla instance,
Newcastle was a foreign port .to Leith. The com-
mission recommended that for this purpose all ports
in the United Kingdom should be considered to be home
ports. The commission had made another recommenda-
tion which he was at first disposed to adopt, but which
on further consideration he thought of doubtful advan-
tage. The greater number of their lordships were perhaps
aware that by the statute of frauds, as it was called,
passed in the reign of Charles 11., no contract for the
sale of goods was valid unless made by note in writing,
Or unless there was part p,rformance or money paid on ac-
count. The law of Scotland was different in this respect,
and great inconvenience arose from the difference of law
on the borders of the two countries. The commission
bad recommended this section of the statute of frauds
should be repealed ; and they were influenced in coming
to this conchisien by the statement of the Manchester
Chamber of Commerce, that the law was practically dis-
regarded, for that not one contract in a hundred was
rnade in writing. He (the Lord Chancellor) had, however,
recently received a communication from an eminent soli-
citor in London, stating that all contracts in London
were made in writing, and that any change would have
'a very bad effect. It would be a matter for considera-
tion whether the recommendation of the commissioners
ought to be adopted ; if not, the clause could be struck
out. There were one or two other points on which he
wield not go al. ng with the commissioners, but if it was
proposed to insert clauses in committee to carry them
outhe would again consider the subject. In Scotland
aey person over 14 years might enter into contracts in
trade to any amount. That mieht answer in Scotland,
but he was not prepared to extend the law to England.
'there were some other of their recommendations which
would not be found in the bid. One was with regard to
the law of prescription in Scotland with respect to mer=
. cantile contracts ; the law in that r s?ect was in a most
unsatisfactory state. The commissioners recommended
that the English rule of six years should be adopted, but
the Lord Advocate, on consideration, theught it would
not be advisable to make any alteration in
the Jaw of prescription in this particular only,
but he intended to introduce a general mea-
sure to regulate the law of prescription in
Scotland in all cases. There were also some peculiarities
in the Scotch law of evidence. Cert,,in facts could be
pros ed only in a particular way ; but the Lord Advocate
triought this matter had better be omitted from these
bills, and he would deal with it in a general meaute on
the law of evidence in Scotland. lie would not further
detain their lordships with a detail of the various changes
proposed, but would move for leave to bring in the two
bills ; one was entitied, "An Act to Amend the Laws
of England and Ireland relating to Trade and Com-
m e-ce, 'and the other, "An Act to Amend the Law of
Scotland relating to Trade and Commerce." He would
take the second reading in about ten days, and he would
then move to refer the bills to a select committee, in
which he hoped to have the assistance of such of their
lord ships as took an interest in the subject.
Lord BROUGHAM entirely approved of the course
taken by his noble and learned friend in making a state-
ment on the introduction of these bills, because with re-
gard to the mercantile law especially it was desirable
that the attention of parties interested should be called
to the subject. With respect to the recommendations of
the commission, which formed the basis of the present
bills, some were fit to be adopted now, and all were fit
to be well considered. In some respects the Scotch law
was better than the law of England, and in other re-
. speots the law of England was superior to the law of
Scotland. He was sure that the assimilation of the mer-
' motile law of the three countries would be a great relief
to the subject.
Lord CAMPBELL expressed his strong disapproval
of the state of the law of marriage in Scotland. The law
of England as regarded minors could not be assimilated
to that of Scotland, nor yet that regarding contracts by
married women, without the greatest possible inconveni-
ence. But he must say that the law regarding the trans-
fer of property in Scotland was more simple and econo
mical than that of England. But he repeated it was
especially desirable that the law of marriage in Scotland
should be altered. No man knew whether he was mar-
ried or not. No chi:rime knew whether they were
legitimate or not. Gretna Green was the place of uni-
versal resort. This state of things ought not to be suf-
fered to continue.
The bill wee- then read a first tine and laid upon the
tables

TICKETS OF LEAVE.

Viscount DUNGANNON moved for a return of the
number of cons lets to wham tickets of leave had been
granted, and also the number of convicts who, since re-
Aving such tickets of IcAve, had returned to their for-
mer course of crimes, specifying the character of the
crimes with which they ,had been charged or convicted
of.

Earl GRANVILLE was understood to fay that the
idormation which the noble mat desired cmild be
obtained horn other returns which bad been already fur-
nish-dd.
Viscount DUNGANNON then asked the Govern.
'Gent whether it was their intention to continue giving
tickets of leave ?
'Earl GRANVILLE was understood to say that no
Alteration in the system c,,tild be accomplished without
an act of Parliament, and that' it was not the intention
of the Government to bring in any inch act.
The Earl of SALISBURY then made some observa-
tions at the tab!e, evidently setting forth the evils of the
system now in force, but they could not be heard except
at intervals.

The Earl of HARROWBY also spoke in a very low
voice. He argued that-the evil was not attributable to
tickets of leave, for whether great criminals were de-
tained the whole period of their punishment or set loose
earlier, so long as they were to return upon society the
same evils would sooner or later be felt.
The Earl of NIA.LMESBURY said the statement of
the noble lord was very alarming, when be said that it
was perfectly impossible for U 3 to retrace our steps and
to return to transportation.
The Earl of lIIIRROWBY interposed. He had said
only that the evil was inbermt in the system, as they
bad abolished transportation.

The Earl of MALMESBURY said he utterly denied
that, and trusted that they would not lean to that
maxim. They were eeperimenting just now on this
subject. He thought that the means of remedy were
within their reach, although it did not devolve on him
to point out those means to the noble lords opposite.
At the same time, he hoped that transportation might
be possible to some country. The rates of Hampshire
ware now double what they were 12 years ago, and only
ately they were obliged to increase the number of cen-
tables.
The Duke of ARGYLL denied that his noble friend
(Lord Harrowby) had stated that it was impossible to
return to transportation. The present system was ate
experiment, and no more. Certainly they could not re-
turd to transportation unless it were in some uninha-
bited ecology,
for he suspected it was not likely the for-
trier colonies would change their mind.
Lord CAMPBELL, hoped that the present system
rues by no means beyond any hope of return to transpor-
tioo. No doubt, were the ,ticket of-leavo system to be
abolished, they would still haye the criminals returned
upon them when the-period expired, and then they must
he eat at liberty without any surveillance. As to Len-
don being filled with forcatz, as Paris was, the thing
was to be avoided with dread, and lie trusted, the Clo-
yearn:lent would lose no opportunity of returning to
transportation. New colonies might be band. Cer-
taiuly they would, in that case, lose the advantage of
their being absorbed, of their being employed, restored
to character and respectability. It must never be for-
gotten that 40,000 of our criMinals were in the colonies
earning a respect Able
The Earl of ST. GERXIANS believed that the coke
nies were perfectly right in petitioning for the abolition
of transportation. The system of assignment formerly
in practice was in some cases no punishment at all, while
in others it was very savi;:e„
.T.T.e felt quite sure that the
feelings of 4:he pulls of this oauritry would net e.llo

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