The Sun.
London, England, 1858-06-23 00:00:00

.:IMPERIAL PARLIAMENT.

HOUSE OF LORDS.—(YESTERDAY.)
The LORD CHANCELLOR took his seat on the woolsack
at five o'olock.
LEASES AND SALES OF SETTLED ESTATES.
Lord CRANWORTH brought in a bill to amend a
defect in the bill passed in 1856. The defect complained
of was that by the bill married women residing abroad
wishing to dispose of property were put to inconvenience
in consequence of being obliged to employ an officer of
the English Court of Chancery.
The bill was read a first time.
INDEPENDENCE OF PARLIAMENT BILL.
Lord BROUGHAM presented a petition in favour
of this bill, the object of which was to require peers and
members of the Commons House of Parliament, as well
as other persons to pay their just debts without being
privileged from arrest.
The LORD CHANCELLOR said the provisions of
the noble and learned lord's bill, which stood for
a second reading that evening, very seriously inter-
fered with the privileges of both houses of Parliament,
and such being the case he trusted the noble
and learned lord would not, in the absence of the noble
earl at the head of the Government, press forward the
bill.

Lord BROUGHAM said he had no wish to go on
with the bill in the absence of the noble earl. The bill
was by no means a new one, and he regretted there
should be any delay in proceeding with it, yet under the
circumstances mentioned by the noble and learned lard
on the woolsack, he had no objection to the postpone-
ment of the discussion.
• The second reading of the bill was then postponed.
PRIVATE BUSINESS.

On the motion of Lord REDESDALE the following
bills were read a second time : —Brentford and Rich-
mond Railway, Cornwall Railway, East Suffolk, Yar-
month and Haddescoe and Lowestoft and Beccles
Railway Amalgamation, Norwich Gas, Eastern Coun-
ties Railway.
- The following bills were read a third time and passed :
—Holroyd's Estate, Eastern Steam Navigation Com
pany, Globe Insurance Company, Cromford and High
Peak Railway, Manchester Poor, Wallasey In] prov e-
ment, Ballymena and Balleymoney, Colraine and Port
rush Junction, Yar Bridge, Liverpool Improvement,
and London and South-Western Railway.
THE OATHS BILL.

The Earl of MALMESBURY moved that a com-
mittee, consisting of certain noble lords, be appointed
to draw up reasons for their lordships persevering iu
their objection to the Commons' amendments to the bill,
and that the said reasons be sent to the Commons on
Thursday next. The noble lord appealed to his
noble and learned friend (Lord Lyndhurst) to postpone
proceeding with his bill in the absence of his noble
friend.
• Lord LYNDHURST said he was extremely sorry
for the cause of the postponement. He had no objec-
tion to postpone his bill, but what was the course to be
pursued with respect to Lord Lucan'e bill.
The Earl of LUCAN said his bill could be postponed
until the same day as the noble and learned lord's.
After a few words from Lord Campbell, Lord
Brougham, and Earl Grey, the second reading of the
bill was postponed till Thur-iday week.
PROBATE ACT AMENDMENT BILL.

Lord ORAN WORTH moved the third reading of this
bill.

Lord ST. LEONARDS said be had a great objection
to the 19th clause, which was to vest the property of
intestates., in case of failure of heir, in the Crown. He
moved that the words " judge ordinary" be inserted in-
stead of the word "crown.'
Their lordships then divided—
Contents 22
Non-contents
- The numbers being equal the LORD CHANCELLOR e-
Oared the amendment to ba carried.
The bill was then read a third time and passed.
DIVORCE ACT AMENDMENT BILL.

Lord CRAN WORTH moved the third reading of this

bill.

• Lord REDESDA.LE said that on a former evening,
when he had called attention to the extreme rapidity
'with which undefended suits had been hurried through
the court, he was assured that nothing could be more
certain than that due inquiry had been made into every
ease' whether undefended or not. Sires then be had
heard from persons practising in the court that serious
objections were felt as to the manner in which causes
were disposed of. On a single day no fewer than one de-
fended and nine undefended petitions were granted ;and
one of those cases only occupied 11 minutes —probably a
less time than the union which was dissolved had in the
firat instance taken to cement. It was really impossible
In that short space to make a proper investigation.
(Hear, hear.) He was told that in the cases in question
the parties bad long lived apart, or the respondent was
charged With bigamy, but that was no answer at all ;
because there was no proof that the wife's conduct had
not itself led to the separation or the bigamy. In point
of fact there were no canes in which collusion was more
to be suspected than cases cf this description ; and
though it might be impossible for them to receive the
same care as used to be bestowed upon them by their
lordships, he hoped that at least more care would be
Shown in future. (Hear, hear.)
Lord CAMPBELL complained of the noble lord's
conduct in standing up in his place and impeaching the
conduct of the judges of the land. He thought that such
a step was a very rash and ill-advised one. He had him-
self bad the honour of presiding in the Divorce Court on
four or five days, and he would undertake to say that no
case that had come before their lordehips had ever been
more deliberately considered than those which bad been
decided by the court while be was present. Since then
Lord Chief Justice Cockburn and Mr. Justice Wight.
man had attended, than whom no more learned or cau-
tious judges had ever sat in Weetminster-hall. Of Lord
Chief-Justice Cockburn the highest expectations had
been entertained ; but those expectations had been more
than fulfilled by the learning, the caution, and the
vigilance which he had uniformly displayed since his
elevation to the judicial bench. He felt certain that
the caees tried before Lord Chief-Justice Ccckburn had
been as fully sifted as those which had come before him
(Lord Carnpbel ). He believed that in the nine cases re-
ferred to, there had not been the possibility of collusion,
and that there was not the sligheet ground for the sus-
picion of any improper baste in arriving at a decision.
He believed, too, that the court would have a most salu-
tary effect in preventing bigamy from being so common
in future as was now the case, because there was no
doubt that the impossibility of obtaining a dissolution of
marriage under the old system, had bad a direct ten-
dency to produce bi amy amongst the lower orders.
The Bishop of OXFORD said the noble and learned
lord had read his noble friend a very unnecessary lecture,
far his noble friend had really done no more than speak
Out that which was felt by -a large number of persons
both in theirlerdshipe' house and in thecountry. (Cheers )
Many of their, lordships, who had given a somewhat rapid
adhesion to the Divorce Bill, were beginning to be of
opinion that too great facilities were afforded fur the dis-
solution of marriaee ; and those who felt the sacredness
of the marriage bond, however they might think that for
great causes it might be dissolved, were beginning to
regard with apprehension the rapidity with which slits
could be carried through the court. (Hear.) Toe noble
and learned lord said that in nine cases which were doi-
rolved the other day the parties bad long been living apart,
That was precisely the stale of things in which they
might expect to meet with collusion—a state of thiegs,
namely, in which both the parties were desirous of dis-
solving the connexion between them, (hear.). His noble
friend had not impugned the conduct of the court ; be
had only called attention to a fact which was well calcu•
lated to excite alarin amongst the thinking people of this
Country. (Hear.)
Bail GRANVILLE did not object to any member of
their lordships' house epeaking out what he felt; on the
contrary, if he thought there was any abuse in the ad-
ministration of justice it was his duty to bring the sub-
ject before Parliament. Nevertbless, he considered that
a severe refl,ction ought not to be cast uoon.the mem-
bers of an important court by a noble lord in an official
position without giving notice to those upon whose con-
duct he thought proper to make reinarke.
Lord CRAN%VORTH said that the rapidity with
which a court disposed of the business before it was an
advantage, unless it could be shown that there was an
undue baste, or a want of proper precaution. But he
should like to know in what, respect the oil system af-
forded a better guarantee against collusion than the new

one ? He protested that there wee no advantage w1;;:t1
ever on the side of the old procedure. No doubt there
was an accumulation of ca es just now amo g the pauper
classes, but nothing that had occurrid excited the least
doubt in his mind ai to the policy of the Divorce Act.
Lord ST. LEONARD knew nothing about the court
except from what he had read in Oe papers, but he bad
read with great attention the report of its proceedings,
and he certainly thought there was no fault to be bond
with the manner in which the learned judges discharged
their functions. Under the old syetem their lordships
had no power whatever to detect collusion. ((Jean)
The Earl of WICKLOW said injustice had beau done
to the noble lord the chairman of committees by the noble
lord, who said that he had brought forward tide subject
without notice. In point of fact, the noble lord gave no-
tice when he mentioned the subject the other night, and
the noble lord the Chief Justice ought to have been euf
ficiently prepared for a repetition of tbose remarke. For
his own part he felt much obliged to the noble lord
(Lord Redesdale) for bringing the subject forward.
Lord CAMPBELL had never heard anything more
illogical than the speech of the noble earl. (Cries of
'peke, and order.)
Viscount MELVILLE rose to order. The noble and
learned lord had no right to make another speech.
Lord CAMPBELL had a right to make an explana-
tl. If the noble lord had been a lit,tle more familiar
with the forms of their lordships' house he would not
haveinterposed
(Loud erieJ of er.d,Tr.h)ere bad been no notice giver.
•
The Mahol) of OXFORD rose to ord. r.
Lord CiteupßELL—l hare a right to offer an ex-
planation,

The Bishop of OXFORD —What is the explanation ?
TilHeear.) noble and learned lord it answering the noble earl.
(
Lord CAMPBELL, Loweve!, continued his remarks
for a few moments longer, but it was amid loud cries of
" Order."

Lord REDESDALE also wished t
0 explain Many
things had been attributed to him which he had.
never
said. He had cast no imputation upon members of the
court. He had only called attention to a system, and
he must repeat that the rapidity with which cases had
been disposed of was incompatible with due precautions
against these practices against which their lordships
used so carefully to guard.
Earl GRANVILLE rose to order. The noble lord
was hardly giving an explanation.
Lord BROUGLIA.III thought that greater licence had

been allowed o the Chairman of Committees than to the
Lord Chief Justice.
The bill was then read a third time and passed.
The Peace Preservation (Ireland) Act Continuance
Bill was read a third time and passed.
DELAYS IN CHANCERY.

The LORD CHANCELLOR said that some time ago
a noble lord (Lord Lifford) called his attention to cer-
tain complaints which had been made with regard to the
state of the Court of Chancery, and he mentioned a par-
ticular case in which he understood the noble lord him-
self was in .some degree interested. He (the Lord
Chancellor) had misapprehended the direction of the
noble lord's complaint, which he had understood re-
ferred to the delay that had taken place in the chief
clerk's office. Ile;had made inquiry into the subject, and
he had had the valuable assistance of a noble and learned
friend of much greater experience than himself, and who
would be able to give their lordshipa much more accu-
rate information. He (the Lord Chancellor) had required
a report to be made to him ; and from that report it
would appear that there were some grounds for the
noble lord's complaint, although the blame did not at-
tach to the chief clerk's office. It appeared that a mat-
ter had been referred to a Master in Chancery in March,
1850 and the Master's report was not made until Dec.,
1855. For that long and unjustifiable delay not
the slightest explanation was afforded. It had, how-
ever, taken place under the old system ; and since the
matter had come into the chief clerk's office no delay
was attributable fee him. The order for an inquiry was
made in June, 1856 ; and the order was rather of a
complicated description. It was for the purpose of
ascertaining what portions of a certain fend paid into
court bad been received on account of the settled and
unsettled estate ; what annuities were in existence, and
what arrears still remained to be paid. When the chief
clerk appointed a day for the parties to meet, it fre-
quently happened that they were not ready, and the
matter had to be adjourned. There were only two days
on which the postponement had been occasioned by the
chief clerk himself. There was an annuitant who was
dead, but the noble lord, and those whose interest the
noble lord represented, had no possibility of proving that
fact. There was no knowledge of it, except that which
existed in the breast of the parties who opposed him ;
but the noble lord informed him that the solicitor on the
other side was perfectly aware of the death of the man.
He submitted to the noble lord that there was an easy
remedy by calling the solicitor before the chief clerk,
but the noble lord told him that the chief clerk had no
power whatever to summon parties before him. He
could not have believed that such a state of things o mid
have existed. However, he believed that the case to
which the noble lord had referred was now almost ripe
foe the certificate of the chief clk rk. There had been
considerable delay in the case, but that delay was not at-
tributable so much to the chief clerk as to the old
system. With regard to the delay in the office of the
chief clerk, the noble lord bad made a thorough investi-
gation. His noble and learned friend had submitted
some changes which might be introduced, and if they
were adopted, he believed his noble and learned friend
would be of opinion that the business • f the chief clerks
might be conducted in a satisfactory manner.
Lord ST. LEONARDS, who spoke in a low and in-
distinct tone, so as to be frequently inaudible, said the
statement of the noble lord was one that called for ex-
planation. Their lordships were aware that by the act
of 1852 great alterations in the procedure of the Court
of Chancery were made. The masters were abolished :
they were judges of a minor character. By the altera•
dons it was provided that there should be no person act-
ing in the character of a judge but the judge himsel', and
that he should have a chief clerk, to whom matters of
detail should be referred. The object was to avoid the
necessity of referring matters in the cause, and having
long reports from the masters, and to keep the chief clerk
in the chamber of the judge in constant communication
with him, to enable the clerk to receive the instructions
of the judge, and thus come to a conclusion with a sav•
ing of expense, of time, and of labour. The chief clerks
had thrown upon them onerous duties ; they had inqui-
ries to prosecute as to who were heirs at law or next of
kin, to decide on questions under the Winding-up Act,
and a variety cf other business to transact. The noble
lord asked if the chief clerks prosecuted each matter de
die in, diem. He could net answer that question, but the
instructions he laid down when L otd Chancellor were
that, as far as possible, each case should be proceeded
with de die diem before they commenced with another
Lord CAMPBELL observed that they did not give
the whole day to a case, but-, oily one hour.
Lord ST. LEONARDS said at some offices be knew
they proceeded the whole day, but thsre were other
offices where they did rot act upon that system, but hav•
ing appointed certain matters for the day, when the hour
or two hours allotted to a particular case had expired
they went on with another case. That was one of those
things that required to be corrected ; and the noble and
learned lord on the woolsack, with the judges, could
easily collect that and lay down one uniform rule for
all the offices. He believe I that the new system worked
admirably. When it was first adopted lie went to each
judge and communicated with him, and then he went to
the chief clerks' chambers, and caw the chief clerks, who
showed him their systems, and he never was so struck
with the competency of men. Tee plan was this,
for every day there was a paper drawn up of all
the business to be done during that day. They first
took all the business that was unoppoed, and then
an it 11 sir 12 o'clock they finished the cases that re-
mained for deci-ion. After that the heavy cases came
on, and they proceeded with them as far as they could.
They worked till 4 5, or 6 o'clock; and did as much as
it was possible for men to accomplish. But it was fre-
quently imp ,ssible to rraceed with a case until it was
finished. For instance, a heavy case was fixed for a
Tuesday, and perhsps one hundred persons, many cf
them from the country, would have to prove their debts
in the case; but a case which had been expected to be
concluded on the Monday was not concluded, and if
they put off the case which had been fixed far the
Tuesday the parties would be greatly inconvenienced.
With regard to receivers, when the court appointe 1 a
receiver it ought to see teat he did his duty. Some of
the chief clerks thought they ought not to take an
active part with regard to receivers. He thought
differently ; and ho would have a rule promulgated that
the chief clerks should at the end of every term make
cut a list of all receivers who had not passed their ac-
counts. This list he would have hung up in the Lord
Chancellot'e court, and if within fourteen days after-
wards the receiver did not pass his accounts, the solicitor
to the suitors' fund should be instructed to proceed
against the receiver, and to apply to the court to appoint
mother. He had said that in appointing the chief
clerks one great object bad been that they should be in
constant communication with the judge. The chief clerk
ought to be in the chambers of the judge, and to have
constant access to him. Bel; from the confined space on
which the courts were built, the requisite accommoda-
tion csuld not be given, and in consequence each judge
had a set of chambers at some die mica from the court.
He saw no way of obv:ating this difficulty but by taking
down the range of buildings at the east end of Stone-
buildings, and building new courts there, with the re-
quisite chambers attached, He might observe that one
of the great evils in the administration of properiy was
the Lug continuance of a manager or receiver, who
generally considered himself master of the property,
and no hing was more difficult than to get rid of him ;
and with regard to the veiling of property, he thought
the court ought not to fix a high price, and he did
not know whether it woul not be beet to announce
to the world that the sale would be without reserve.
He thought it was due to• the character of the court
to
necks these statements, from which it would be seen
that there had been every desire to remedy the evil; tha
existed

Lard CRANWORTa said he had heard the state-
ment of his noble and learned friend (Lori St. Leonards)
with the most unmixed satisfaction. His noble and
learned friend had the happiness of being instrumental,
in a great degree, in reforming the Court of Chancery.
It was his (Lord Cran worth's) fate to receive the great
seals just as those reforms came into operation. It little
booted the put lie to know that the holder of the great

seal did not into c)r.tact with the officers or the

court, but he felt it was one of the duties imposed upon
him to see that th 3 new system should operwe fAlrly and
in the mode c,ntemplattd by the act cf parliament ;
and in order to acelenplish that obj et he adopted the
. .

course every term cf baying an interview with the
judges, who used to come to him in the evening, when
they discussed the alterations made and bow fsr they
worked well. It was the feeling of the judges
that the proceeding in every contested matter which had
been begun should continue till it was ended, but though
that was utqaetionably the correct theory, it was im-
possible to carry it out in practice. They might re-
quire the debts against an estate to be proved, and there
might he creditors in India or Auitialia. Then a case,
which it had been calculated would be finished on a
Saturday, was not finished, and another case had been
previon-ly fixed for the following Monday. Before he
left the great seal, he felt that the real improvement to
be made was not legislatorial but mechanical. It would
be anplacedlane
d i n advantagean
airy
b comfortableeyond all pricennritf,
withthe judgejudge
pc
eo
tbye
Of chambers, where the attendants might wait, and
where the chief clerks and the junior clerks could con-
duct their business in immediate contiguity to the court
of the judge. (Hear )
Lord CAMPBELL expressed his great satisfaction at
the explanation which had been; given by the noble
and learned lord who had taken so much trouble to in.
veetigate the matter.
Lord LIFFORD said he had received numerous letters
from suitors, who felt the greatest satisfaction at the
promptness
gawti:d.h which the question had been taken up
and
The subject then droppe 1.
CHURCH RATES, THE JEWS, &c.
The Earl f CARLISLE,
in presenting a petition from
e
the Society of Friends against church rates, said he did
not feel calk(' upon to declare the manner
rvia.e in which he
should vote before hearing whether her (4-
vernment had any suggestion to make on the subject.
His objet in giving notice of his intention to present
the petition was merely a mark of respect for the cha-
racter of the petition and the respectable body from
whom it proceeded. The petitioners were the members
of a body lepresenting the S iciety of Friends in Great
Britain, and he believed the petition conveyed the una-
nicnoul opinion of the members of the society generally.
They stated that they had for more than two centuries

stelittstly maintained those great principles which they
believed to be fcunded on the Gospel—that man is re-
sponsible to Gad alone in matters of rel',lion, and that
legislative interference with the rights of conscience is
not only implitie, but contrary to the spirit of true re-
ligion. They went on to say that, influenced by these
cnnsiderations they had felt themselves called upon to
reface payment of church rates, because they were en-
forced fur the upholding of buildings and ceremonies in
connexion with a mode of worship which they did not
consider to te e3nformaqe to the spirit of the Christian
religion.. They expressed their gratification that a bill

for the abolition of church rates had passed the House
of Commons, and entreated their lordships to give their
ready and cordial sanction to the measure. The noble
earl added that it was only fair to say that the principles
of the petitioners were equally opposed to the payment
of tithes and any mode of supporting an established
church. _ _ _

The question having been put that the petition do lie
on the table,

The Earl of CARLISLE said he understood from the
clerk that the petition was informal, inasmuch as it did
not contain the word "humble." He was convinced that
the petitioners did not intend any disrespect to their
lordships; but, as the petition was informal, he would
withdraw it. The noble earl presented similar petitions
from congregations in Leeds, Otley, Halifax, Todmor-
den, Thirsk, and several other places. Also three peti-
tions from the synods of Dublin and Coleraine, praying
that no change may bs made in the national system of
education in Ireland, and for an extension of the system
of middle education in that country.
The Bishop of OXFORD presented a " humble" peti-
tion--(a laugh)—frorr. Exeter against the abolition of
church-rates, and similar petitions from Aylesbury,
Oxford, and many other places. Also petitions against
the Jews being allowed to legislate in a Christian nation;
and petitions praying their lordships not to pass any
law for special cervices which would allow one clergy-
man to officiate in a parish without the leave of the
clergyman of that parish.

The Bishop of LONDON presented petitions from
Barking and West Ham against the unconditional aboli-
tion of church-rates.
The Earl of CLA.NCARTY said the noble earl who
had presented petitions on the subject cf national educa-
tion in Ireland, and who had left the house, had some-
what misrepresented the nature of those petitions. Only
one of the petitions related to national education. The
others were in favour of the formation of upper schools.
A strong feeling prevailed in Ireland that great injustice
was done, not only to the Protestant population but to
the whole of the country, by the practical exclusion of
the poor population from access to the Scriptures in the
national schools. When the noble earl stated that these
petitions were in favour of national education, no doubt
the mistake arose from his not having properly ex-
amined them, but they ought to be entered on the
minutes in acc3rdancs with their prayer.
Lord TALBOT de MALAHIDE understood his
noble friend the Earl of Carlisle to have stated that one
of the petitions was in favour of the present system of
nati )r.al education, and the other in favour of the educa-
tion of the middle classes.
Their lordships t hen adjourned.

HOUSE OF COMMONS—YESTERDAY.
Tho SPEAKEti took the chair at twelve o'clock.
PRIVATE BUSINESS.

The Lards' amendments to the following bills were
considered and agreed to :—Luton Gag, Salisbury and
Yeovil Railway, Blyth Harbour and Dock, Chiswick
Improvement.
The following bills were read a third time and passed :
—Stockton and Darlington Railway (Durham Lines),
Stockton and Darlington, Wear Valley, &c., Railway
Companies Am.lgamation.
The following bills were read a second time :—Sun-
derland Dock, Westminster Palace Hotel Company
(Limit-d.)

FOUR COURTS (DUBLIN) BILL.
Lord NAAS moved that, in the case of the Four
Courts (Dublin) Extension Bill, the examiner of peti-
tions for private bills have leave to sit and proceed on
Thursday next.— Agreed to.
NEW WRIT.

On the motion of Sir W. ,HAYTER, a new writ was
issued for Cornwall in the room of Michael Williams,
Esq., deceased.
MEDICAL PRACTIONERS' BILL.
On the motion of Mr. WALPOLE, this bill was com-
mitted pro forma, for the purpose of introducing certain
amendments, and the bill was ordered to be recommitted
on Thursday week at twelve o'clock.
LOCAL GOVERNMENT BILL.
The house then want into committee on this bill.
Clauses 1 to 8 inclusive were agreed to.
On clause 9, which gives the power to determine
whether the act should be adopted or not in town coun-
cils and improvement commissions,
Sir M. FARQUAHAR sail ho thought that this
power ought to be in the hands of the ratepayers; and
not in town councils. If such a provision as the one
laid down in the clause was agreed to, the bill, in his
opinion, would be a dead letter. He moved au amend-
ment to effect his suggestion.
Mr. BAINES supported the clause. Ho thought
the town councillore, who were the ratepayers selection,
were the proper parties to determine whether or not
they would adopt the provisions of the
Mr. ADDERLEY said the clause provided that
two-thirds of the town council must consent to the adop-
tion cf the act before it could be put in operation, and
then there was an ample power of appeal given to the
ratepayers against the decision oft he town council.
After a short discussion, the amendment was nega-
tived without a division, and the clause was agreed to.
On clause 10, which proposed that the petitions of
the ratepayers and others against the decision of the
town council in favour of the act be addressed to one
of her Majesty's Secretaries of State,
Mr. CO WPER proposed that the petition of those
opposed to the adoption of this act should be sent to the
committee of Privy Council, or in other words, to the
President of the Board of Health. In effect, such pe-
titions would go to the Home Offile, which was already
overburdened With bu,ineee.
Mr. ADDERLEY said he felt disposed to adopt the
amendment of the right hon. gentleman merely for the
purpose cf expediting the passing of the bill, the male
ol;pmt of which was to get rid of the existing Board of
Health, and to leave local authorities to their own
actien, under the direction of the Secretary of State.
But with this desire he felt he must adhere to the clause,
being desirous of keeping separate and distinct the
medical and sanitary action from mere matters of police.
The latter, he contended, ought to be under the
direction of the Home-office, but the former under the
guidance of the Privy Council.
Mr. PALK thought the best way to expedite the bill
was to refer it to a select committee. (Oh, oh.)
Mr. WESTdEAD said his constituents had a great
objection to approach the Privy Council, but such was
not the case with respect to the Secretary of State for
the Home D-partment.
The amendment was negatived.
Sir G. PECHELL objected to the pluraliy of voting
as laid down in this clause, and such being his opinion,
he should move an amendment to abolish such a pro-
ceeding, unless the hon. gentleman altered the bill to
meet his views.
Mr. ADDERLY said the gallant admiral objected to
give the owner an 1 bona fide occupier a vote, but
be differed in opinion with him, and ho felt it his duty
to stand arm to the provisions of the clause.
The clause was agreed to, as were the other clauses
up to 28, with a few verbal amendments,
On C 19.1198 29,
Sir A. ELTON moved the insertion of words direct-
ing that in this act nothing should be held to affect the
rights of landowners to make p*ate roads on their own
property.
The amendment was negatived, and the clause
agreed to.
Clause 30 was under discussion at four o'clock, at
which hour the sitting was suspended.
The House resumed at six o'clock
MAIL COMMUNICATION WITH AUSTRALIA.
Mr. H. BERKELEY asked the Secretary of State
for the Colonies whether any representations bad been
recently received from the Legislatures of New South
Wales or Victoria with reference to the irregularities in
the performance of the steam postal service between this
country and Australia, and whether the Legislature of
Victoria had not, by a formal resolution, recommended
that the existing contract should be annulled.
Sir E. B. LYI'TON replied that the Australian colo-
nies had made repeated complaints of the irregularities
in the performance of the service between this country
and Australia. In December, 1857, Sir W. Denison
sent f, rward a representation from the Legislature of
New South Wales, and subsequently a resolution of the
Chamber of Co nmerce on the same subject. No repre-
sentatien had been received from the Legislature of
Victoria, nor any recommendation that the existing
contract shall be annulled. So great agrievanee, how-
ever, ha I not escaped the attention of the Colonial-
office. Tuey had been in constant cemmunica.ion with
the Treasury, and he hal the satisfaction of stating the
existing contract would be immediately dissolved. He
was informed by the Treasury that tenders for the now
service would be invited without delay. The terms
would be modified io such a manner as experience had
shown t ) be necessary, and every hope was entertained
that the service would now be placed in all respects
on a satisfactory footing. To obviate any incouve
nieces that might arise from the sudden termination of
the. present contract, the Treasury would take imme-
diate steps to enter into a temporary arrangement with
the Royal Mail Steam Shipping Company for the per-
formance of the service during the interval which must
elapse before the new contract commenced. Oa the 10th
of June he wrote to the Governor of the Australian colo-
nies informing him that the existing contract had been
dissolved, and that a temporary arrangement would be
entered into at once.
SITE FOR A BARRACKS AT KENSINGTON

GORE.
Mr, H. BARING asked the Chancellor of the Ex-
chequer whether the Government proposed to take any
steps for obtaining such portion of the Kensington-
Gore estate as would suffice for the erection of barracks
for the Guarde, in lieu of the present quarters in Port-
man-street ? fie had given notice of the question be-
fore the dinuaz•ion on the subj>ct last evening, and now
put it on account of the greAt anxiety which prevailed
on the tnattLr.
The CHANCELLOR of the EXCHEQUER assured
the hon. gentleman her Majesty's Government had
made due inquiry into the suject, but it was not in the
power of the royal commission to enter into any arrange.
meet of I be kind without a violation of contract. The
laiaruodp rbi td
o rs, been
whoPu stillreb d
shet un
lend
from
immediately
abtne but from
They made it a condition of the sale that no building of
an eflensive character, or which could deteriorate the
valuo of the surrounding property, should be erected on
it. Very stringent engagements and conditions were
required from the commissioners, but as some difficulty
was found in put.ing them into a legal shape the land-
holders agreed, in consequence of the high character
and social position of the commission, to take the per-
sonal engagement of the commissioners that no buildings
should be erected except for the purposes of science and
art. The commissionere, therefore, were not in a posi-
tion to li ten to any overtures of the kind suggested.
It would be a breach of faith to devote the land to any
other purposes than those originally intended.
CORRUPT PRACTICES AT ELECTIONS ACT.
Mr. REBOW asked the Secretary of State for the '

Home Department when he proposed to bring in the bill
for continuing the Corrupt Practices at Elections Act ?

Mr. WAL—POLE said it was difficult in the present
state of public business, to say when he could bring in
the bill. His intention was to do so on Monday, if pos-
sible, and he trusted to get an early day after to proceed
with it.

REWARDS TO MEMBERS.
Lord HOTHAM rose to propose the following reso-
lution That it is contrary to the usage, and deroga-
tory to the dignity of this house, that any of its mem
bers should bring forward, promote, or advocate, in this
house, any proceeding or measure in which be may
have acted or been concerned, for, or in consideration
of, any pecuniary fee or reward." In doing so the noble
lord said he was not actuated by any private feeling
but solely from a sense of public duty. (Hear.) There
were precedents for the course he was pursuing, and
therefore in asking the house to record their opinion on
the resolution, he was establishing no new principle. The
house from the earliest period has shown a determination
to sustain its own purity, and at different periods they
had passed resolutions restraining members from the
commission of acts calculated to undermine the indepen-
dence and to lower their Efficiency in the eyes of the
country. His motion emanated from the report of a
committee which sat in April last, and investigated the
charges contained in a petition presented by Mr. Coffey,
but it was not his intention to cast any reflection on the
members of the profession of the law. The first resolu-
tion directly inteiferif g with the free action of the mem •
bers of the legal profession belonging to that house, pro-
vided that members of that house being lawyers should
not take part as counsel on bills before the House of
Lords prior to their coming to the House of Commons.
Subsequently to that various members were expelled
for accepting money bribes in consequence of
the performance of certain duties ; and in 1667
Mr. Ashburnham was expelled the house for
taking a bribe of 5001. from the French merchants. In
1694 the Speaker of the house was expelled for taking a
bribe of 1,000 guineas relative to the London Corpora,
tion Orphan Bill, and Mr. Hungerford, for receiving
the very moderate sum in those days of 20, guineas as
chairman of the committee on the same bill, and in 1695
a resolution was passed, making it a high crime and
misdemeanour, and tending to the subversion of the
British constitution, in any one to presume to offer sums
of money to members to stimulate honourable members
in the discharge of their duty in any particular direc•
tion. (Hear, hear.) From that time things appeared
to have gone on without interruption till 1830, when,
in consequence of an honourable member entering into
partnership with a gentleman who carried on the busi-
ness of a parliamentary agent, a resolution was unani-
mously passed condemning the practice, and the part-
nership was dissolved the next day. H's reason for
taking that prominent position was in consequence of
there having grown up of late years a practice of send-
ing appeals from India to this country. That practice
had, year after year, become a matter of more frequent
occurrence ; and, in consequence, a practice had grown
up with it which be thought it behoved the House of
Commons to guard against. (Hear, hear.) The public
mind was impressed with the belief, in consequence,
that a system was being adopted that was not calculated
to sustain the purity of the house ; and they had it on
less authority than the hon. member fur Guildford, late
chairman of the Court cf Directors of the East India
Company, in his evidence bef :re the committee on Mr.
Coffey's petition, that it had been publicly stated in
India that the services of the members in that house
were obtainable by means of money, and he (Lord Ho-
them) asked the house if it was a system that ought to
be permitted ? The truth of the statement referred to
had been corroborated by the report of the committee,
respecting which he would then say nothing, because
he was bound to believe they had done their duty fairly
and honestly, and given a right decision on the evi-
dence adduced before them. The resolution to which he
had referred did not apply to the cases is question. The
former referred to the payment of money for Parlia-
mentary servicee, but the cases in question were of a dif-
ferent character. As he understood, a legal member of
the house was retained, with a very heavy fee, to con-
duct the care in a court into which it was never intended
by those who paid the fee to take it, and afterwards be
was asked to undertake to bring the case forward in
Parl'ament. The money, no doubt, was paid legally, and
there could be no doubt'a legal gentleman, a member of
that house, had a perfect right to bring the case before
the house, but in doing so could it bo considered as any-
thing else than an evasion of the law of Parliament
laid down to protect its own purity ? He considered it
was the duty ; f the house to declare their opinion on the
subject, and say such a practice should no longer exist.
(Hear.) He denied that the resolution he proposed would
interfere with the free action of the members of that
house. Already the number of the legal professional
members of that house were relieved from the share of
the committee work of that house to go on circuit, and
it was unreasonable for the members of the legal profes-
sion to expect that the character of that house for purity
should be sacrificed by their conduct. It war said there
was no occasion far this resolution because publicity was
a check on them, but the legal profession was different
from all others, in that they received their fees before
they did their work, and having received their fees
legally with a brief in a case purporting to be brought
before the courts in Westminster-hall, it cool!, not be
said they had taken briber, when they advocated certain
claims afterwards in that house. Since he had put his
notice on the riper, he had received expressions of ap-
probation of his conduct from a large number cf gentle-
men connected with the Irish and English bar, who
wished to see the practice put down. It was because
be cordially concurred in the opinions which had been
expressed by the public journal; that he had thought
it his duty to propose the resolution to the house.
Whatever might be the rocrite of the resolution which he
was about to submit, at all events it would not be open
to the charge cf ambiguity. There could be no doubt
whatever as to its meaning. (Hear) He appealed to hon.
members, as men of integrity, honour, conscience,
honesty and common sense, what opinion would the public
entertain of the House of Commons if, while professing so
much abhorrence of improper conduct in others?, they
were squeamish respecting charges which affected their
own purity and integrity ? He ventured to hope that the
house would rise above all minor consideration, and de-
clare baldly and ire the face of day and of the world, that
while they were resolved to punish corruption without, it
would not tolerate even sn much as a ,suspicion of c ir-
ruption within its walls. (Hear, hear.) He thereforeeeked
the house to declare that it was derogatory to the dignity,
of the house that any of its members should bring for-
ward any motion, or advocate any proceeding or measure
in which he might have acted, or been concerned for, or
in consideration of any pecuniary fee or reward. (Hear.)
Mr. DIVETT seconded the motion.
Mr. BOWYER, olj,nted to the resolution, on the
ground that it conveyed a vague censure upon all the
legal members of the house. (No, no) He called upon
the noble lord who brought forward the motion to state
definitively and precisely who wore the persons to whom
the resolution was intended to apply. If it had no par-
ticular reference, then it was a mere abstract resolution
of the worst kind, inasmuch as it conveyed a general
censure upon the members of the legal profession. He
was himself a member of the bar, but although not in
actual practice, he felt it his duty to repel the accusation
which was then brought against a most honourable
body of men. The noble lord must, however, go a great
deal further than his resolution went. Thera were rail-
way &rectors in this house who received salaries as
director=, and they were permitted to advcca'e the in-
terests cf •hte particular lines with which they were con-
nectet. The chairman of the East India Company and
the governor of the Bank of England ought also to be
excluded from taking port in any discussion upon
questions in which they were interested. Even the At-
torney.Celeneral and Solicitor-General would have their
mouths closed upon the same principle in all cases in
which they might have received a brief in any case affect•
tag the interests of the Crown. (A laegh.) It was, he
contended, niest unjust to affix a stigma upon the legal
profession, leaving other members perfectly free. The
noble lord ought, in justice to the house, to name the
barristere who had, as ho stated, mieconducted them-
selves. (Hear)
Mr. WHITESIDE said that the argument of the
hon, member that the chairman of the East India Com-
pasty ought to be prevented from speaking on subjects
connected with that company, did not in the least apply
to the resolution before the house. The house knew per-
fectly well the position which was occupied by the chair-
man of the E ist India Company, and his arguments
upon any question were taken accordingly, but that
such conduct was very different from that of persons
who indirecly received fees for advocating measure's in
the House of Commons. (Hear) The motion of his
noble friend appeared to him just and honourable, and
so far from considering it an impeachment upon the pro-
fession to which he had the honourto belong, he thanked
the noble lord for having brought it forward, and would
give it his hearty cic-Tort. (Rear.) •
Mr. BOUVERtE objected to the resolution, on the
ground that, if entered upon the records of Parliament,
it would convey the erroneous notion that general cor-
ruption was prevalent in the House of Commons. The
hon. member proceeded to read some extracts from con-
temporary works of the time of Charles, showing the
great extent of corruption which then prevailed, and
contended that the great security for the continuance of
the integrity of hon. members was to be found in the
ceaseless vigilance of the press. Dissenting, therefore,
from the resolution on the grounds which ho bad stated,
he moved the previous question. (Hear.)
Sir J. PAKINGTON suggested that it was most de-
sirable that if the resolution were agreed to, the words
of the resolution shouki be so wideas to cover all honour-
able members and all cases. He thought that the words
"in which he might havo acted or been concerned"
should be omitted, and the omission of those words
would remove anything like a stigma upon a particular
class or profession. The standing orders of the house
were, he believed, very strong against "offering" any
bribe to the members of the house, but ho did not think
there was any order against hon. members " receiving''
a bribe. (Hoar, hear.)
Mr. LABOUCHE RE hoped that the house would not
accede to the suggestion of the right hon. baronet, the
effect of which would be to reduce the resolution to the
merest truism, which it would be inconsistent with the
dignity of the house to affirm. (Hear.) The House of
Commons, at the present moment, stood higher than it
over did, but it was impossible not to understand that a
very strong feeling existed out of the house on the sub-
ject, and it wan therefore, the duty of the house to give
expression to its opinion that such acts as those which
twheerce poi
haranetteedr
oofutthbeyutohueiercesfocl uatmionin
()any e
derogatory
There
ewa was also
an increased nee: silty for agreeing to some resolution of
the kind, arising out of the contemplated transference of
the government of India to theiCrown, one effect of which
would be to make the House of Commons much more
than it had yet been the arena for diecusAng pecuniary
matters and interests connected with India. We might

expect to have wealthy raj +l3s and zernindars coming over
to England and endeavouring to interest Lon. members

l in the promotion of their claims, and endeavouring to
obtain redress for alleged grievances. (Hear, hear.) Be-
lieving that the necessity for this resolution did exist, he
should give it his cordial support. (Hear, hear.)
• The SOLICITOR-GENERAL concurred in the pro-
priety of a great deal that had been said by the right
hon. gentleman who had just addressed the house, and
had no hesitation in saying, on the part of the bar, that
for any hon. member to advocate in the house the same
cause which he had been retained to advocate at the
bar, was not in accordance with those notions of
honour which generally actuated the members of the
legal profession. (Hear) While he entertained this opi-
nion, he regretted that some cases had not been brought
forward to show the necessity of a resolution as that be-
fore the house. When it was said there were suspicions
abroad on the subject of the conduct of the bar, and
that, therefore, it was necessary to pass such a resolu-
tion, he felt it his duty, on the part of the bar, to state
that there was no ground for such suspicion, so far as
the members of that profession were concerned. In his
humble judgment, the resolution as expressed in one
sense, conveyed much more than its authors meant to
convey, while in another sense they actually shrink from
conveying their full meaning. He should vote, there-
fore, for the amendment of the hon. member opposite.
Mr. Sergeant DEASY, as a member of the Irish bar,
entirely concurred in every sentiment that had fallen
from the hon. and learned gentleman the Attorney-Ge-
neral for Ireland, and in regarding such conduct as this
resolution was directed against, as involving not only a
violation of the duties of a member of Parliament, but
likewise a violation of the duties of a member of the bar,
and as entirely opposed to the feelings of the profession.
He believed that members of that house who happened
also to be members of the legal profession, had very fre-
quently abstained from taking fees in matters to be sub-
mitted to Parliament.
The ATTORNEY-GENERAL said that if his noble
friend who brought forward the motion, or any other
hon. member, really believed that there was any one
member of the bar of England, Scotland, cr Ireland, who
happened to have a seat in that house that had afforded
the slightest gronnd3 fur a motion of this kind, it was
due to the bar and to that house that the name of that
hon. member should be declared. Now, as far as re-
garded the resolution itself, with the exception of the
words [..zented out by his right hon. friend the First Lord
of the Admiralty, it was entirely unobjectionable, but at
the same tirtne it was entirely uncalled for an I unneces-
sary. ;To the resolution, taken abstractedly, no one
could object, but it was actually implied in an order of
the house so far back as the year 1695. But let them
take it in connection with the position of the law officers
of the Oro en in that house. Why, it might so happen,
that immediately after the Attorney-General was con-
suited upon some important question it would be brought
forward in that house. Such was the case with regard to
the matter of the Cagliari, which was submitted to Par-
liament only three days after the law officers of the
Crown had been consulted with reference to it. Well,
what a position would not the law officers of the Crown
be placed is under,such circumstances if a resolution like
that were accepted. Well, suppose again the case of one
cf those Indian princes to whom allusion had been made.
A. case is submitted to council for consideration, and
the council comes to the conclusion that there is no legal
remedy whatever for the grievance in question ; still
Parliament alone can redress the wrong which has been
done. Well, then, under these circumstances was a mem-
ber of Parliament to be precluded from delivering his
opinions as to the law of such case in his place in that
house. But the moment that a member of the profession
perceived a case was likely to be brought before Parlia-
ment, if he should happen to be a member of that house,
it was undoubtedly his bounden duty to intimate to the
solicitor in the case that he could no longer be profes-
sionally interested in it, He bad most fully considered
the resolution, and considering it in reference to the in-
numerable cases in which the bar might be consulted, be
did not hesitate to affirm that its adoption must have the
effect of driving many distinguished members of the pro-
fession from that house. Once more, with regard to the
case of the Indian Princes—he believed that none would
-be found advocating their cause unless such persons could
declare they were actuated by note but the purest mo-
tives. But what he wished above all the house to bear
in mind, was the practical meaning of a resolution of
that kied upon the members of the bar who happened to
be members of that house, especially those who might
happen to have duties to perform with reference to the
C, own and the subject in connection with matters that
might happen to be submitted to Parliament. (Hear.)
Mr. MALINS must protest against the aspersions
which had been cast upon his profession throughout the
discussion of that evening. He was utterly lost in
arnsz :meat to discover to what conduct the resolution
before the house could possibly refer. He had the most
profound respect for the noble lord who had moved it,
but he regretted that he had not more specifically urged
the grounds upon which his conclusions rested. If any
particular member or members of that house had been
guilty of the malpractices imputed by the resolution, let
their names be published to Parliament, but do not let
the House of Commons by a general resolution cast a
slur upon a high and dignified profession.
Mr. BENTINCK expressed his cordial concurrence
in eveiy line of the resolution, as well as in every senti-
ment uttered by the noble lord who had introduced it.
Mr. GILPIN- opposed the resolution.
Mr. P. O'BRIEN regarded such a motion as an invi-
dious attempt to "asperse the character ( f the honour-
able profession to which he hal the honour to belong.
Lord .7. RUSSELL thought the noble lord had done
great service to the house in bringing forward this mo-
tion--(hear, heat)—but that great diflieu'ty s'ood in the
way of so framing a resolution which should neither on
the one hand fail short of the object in view, or, on the
other, overstep it. (Hear, hear.) It would be found a
matter of great difficulty to meet every case that might
arise, and it ought to be remembered that the house
had emphatically recorded its opinion against any mem-
ber of Parliament receiving pecuniary reward for his
Parliamentary services. The rule for the guidance of
barristers, laid down by the Attorney. General was, in
his opinion, quite satisfactory. The discussion would
tend to clear up matters, but for his own-p he would
rather trust to the high sense of duty animating the
members of the bar, then to any resolution which might
be passed. He should vote for the previous question,
but the noble lord deserved thanks for having brought
forward the motion. (Hear, hear.)
Mr. BOVILL, on the part of the legal profession,
thanked the noble lord for having afforded an opportu-
nity for a vindication of the members of the legal pro-
fes,ion.

Mr. ROEBUCK said, that as the house was about to
iegislate for India, it v,sie cf importance to ley down a
rule which was to guide members of the bar, who were
at the same time members of parliament. He would
tell the house exactly what had occurred to himself. He
was a director of a bank, and one day, when at the
bank, was told that an agent of the Queen of Oude
wished to see him. He supposed that the Queen of
Gado might possibly wish to open an account with the
bank—(laughter) —and consented to see the agent. This
individual affected to regret that the Quen of Oude
should appear before him (the honourable and learned
member) "in such a manner," upon which he (Mr.
Roel:ucle) said, " What .the devil do you mean ?"
(Laueliter.) " The Queen of Onde is poor," said the
agent. "I understand you now," replied toe honour-
able and Darned member. "Oh," the other rejoined,
"we know one who received a fee of 5001. for advocat-
ing the claims of the Queen of Oude." So the matter
ended, and the individual was bowed out of the bank.
(Hear, hear, and laughter.) The rule for the guidance
of a barrister was clear. When a legal man came into
parliament it was clear that he should give up every-
thing in the shape of a fee. (Hear, hear.) He thanked
the noble lord for having brought forward the motion,
and if he went to a division, he should go into the same
lobby with him. (Hear, hear.) The house had dis-
tinctly expressed its opinion that no man, as a lawyer,
ought to advocate any case in the house as a barrister.
(Hear.) After that expression of opinion no man would
dare to do so. (Hear.)
Mr. MELLOR said that the legal profession were
already precluded from doing that which the resolution
aimed at. He hoped the noble lord would not press the
motion to a division, although he should feel reluctant
to vote against it.
Lord HOTIIAM replied, and the house divided, when
there appeared—
Fcr the previous question BO
, Against it
151
Majority --71
The SPEAKER put the resolution.
The numbers were—
For the resolution ..-
Against it
Majority
(Cheers and laughter.)
ASSESSORS AND COLLECTORS OF TAXES.
Mr. LINDSAY had given notice to move "that in the
opinion of this house the assessors and collectors of taxes,
both assessed and income, should be appointed by the
Commissioners of Inland Revenue." The suls.Vnt was one
of considerable importance, and his constituents, as well
as others, had suffered severely from the prevailing sys-
tem. He wished somewhat to modify his motion—to the
effect that the present mode of collecting the assessed and
income taxes in England was attended with great disad-
vantage and loss, and that some other means of collect-
ing those taxes should be resorted to. He found that 71
parishes had been called on for second payments in c )n-
-sequence of the defalcations of collectors. In one case the
amount was as large as 2,5001., and his own constituents
had had to repay 1,7651. Two collectors for Tynemouth
were appointed in 1854 and 1855—Thomas Briggs and
Joseph Phillipson. The warrant appointing them autho-
rised them to give the usual quittances, and to issue dis-
traints where necessary. Biggs became insolvent ; his
colleague Phillipson could not be made responsible ; and
the property in the hands of the official assignee could not
be seized for the purpose. The result was a loss of 1,7651 which was made up by a re-assessment as usual. The in-
habitants resisted and took legal advice ; but there were
conflicting opinions, and the Board of Inland Revenue
insisted on the re-assessment of the parish, and called on
the Comra'sAoners to distrain. Two other parties were
named as c Olectore, Jackson and another, but they de-
clined to aot, and were fined 501. for neglect of duty.
At last a party bad to be sent down from London espe-
cially to collect this tax, and the peopl2 of Tyne-
mouth were obliged to pay it. Seventy-one other
pro ishes were in the same case. Tee law, as it stood,
was extremely difficult to understand ; there were a
number cf acts bearing on the subject, The 43rd Geo.
111. gave directions for the appointment of assessors
and collectors, and by 5 and 6 Vict, polishes were liable
to be re-assessed for defalcations. A subsequent act, 17
and 18 Vict., empowered the Beard of Inland Revenue
t
to require security from the collectors. This was not
imperative, but ought to be made so. He would also
have the c Mee ore appointel by the Government,
who
weu!d Veen be responsible for their eleficienci
was naturally a difficulty in obtaining P. There
collectors for
sa.all parishes, where the poundage was small. In those

210
27
--183