The Sun.
London, England, 1858-04-16 00:00:00

willingness, and satisfaction to the country? His belief the employment of a ebort-hanmd whrteber
fatoedta,kaandnohteestruofstthede
was that Tribunals of Commerce would never prove satis- trials, and for whom a salary
factory in this country, but he was quite free to admit that he would consider the suggestion as deserving of considers-
factory
the subject had been so ventilated in commercial circles, tionr. MALINS entirely approved of the objects of the .
he thought it desirable there should be a committee ap-
pointed to look into the entire question. For their in- , proposed
tbaytehitshaletatrhneedcofuriretnodichlalneetehryoutandt
atit riprgehste,nhtotwhe- ,
vestigation he did not anticipate any useful result, but it , ever, to s
was only right that the subject should be investigated. rower of cross-examining the witnesses viva voce. They
Lord JOHN RUSSELL expressed his satisfaction that I were so examined buyetshtieonLo;rbdsutJsusomtieceosf
twlihecntere
the Government had given its assent to the modified pro- dispute point q Vice-Chancellorswany
wthoeuldbe
position of the hon. and learned gentleman. He though madedidnoitnatchteubpilolnfotrheeropsosw-eexra.miHnienghotpheedwiptrnoevssiseisonin
some good might arise from investigating the complaint
man-
of those who were engaged in the commerce of the coun- nor suggested.
ae
oral, d t
wopueld n
o doubt e see hof th e
give h t
great
sat e f
ns tal
try, at the same time that he agreed with the learned Mr.thMetsMotellitOoNr.Gs
Solicitor-General in his view of the efficacy of the pro- rnan, m
mh
posed Tribunals of Commerce. It appeared to him that in ton ; and he (Mr. ' a on) hoped he wpothuluetdecmboyauktrtheepotirriocvhhinsanionan-1
England commercial men had been toolongthuesedsutpoertihoer
ofin haisjubryill,fnorotdneceieseisosnasri,liyneamll
privilege of bringing their causes before peaanseeslleodf dials
courts of common law, where they found the judges eery, sitting at Lincoln's Inn, but in the countries wherein
ge . The hon. and learned which they might be direeted by the Court of Chancery as
highly instructed and administering a code of laws which the disputed questions respecting property arose, and to
had grown up during ntohtaptewrmasittthede issues,
gentleman
J.
D.
FITZGERALD was happy to find that the hon.
to dictate the law to juries. nou y gentleman had said thmaatndhea-jutes
dgdes were
case, and the rule had been laid down in consequence of and learned gentleman bad moved for leave to introduce the
political considerations being often times
mixed up with proposed bill; and he hoped the hon. and learned gentleman
out byhon. and
to questions which came before juries. B. ut. with regard would act upon the suggestion thrown
m cial questions, he believed that juries could not learned friend Mr. Serjeant Deasy, and provide that a short-
tdociel?ettraererthan accept the opinion of the judge trying the hand writer should be employed to take notes of the proceed-
cause. He could not think the specfic remedy proposed ings. Such a course would very much relieve the judge, who
was one likely to be adopted, but undoubtedly complaints could, by being relieved from taking notes as at present, pay
were not unnaturally made that in a country like England more attention to the case.
so much delay was experienced in the trial of commercial Mr. MELLOR was sorry to say he could not agree in the
causes. He must also consider it to be a great grievance views of his right hon. friend who had just addressed the
that London jurors should be so frequently called upon to house, with respect to the employment of a short-hand
try country causes. Probably, however, by extending and wri er to take notes solely ; and he did hope that the neces-
improving the jurisdiction of the county courts much of sity which existed for a judge taking a full note of the evi-
the evils complained of would be removed. dente in trials would not be dispensed with. He had no
Mr. J. D. FITZGERALD believed that the state of the objection to the supplementary notes of a short-hand writer ;
present law admitted of great improvement, and that the but be hoped, whether one be employed or not, that the hon.
proposed committee would, in a great measure, effect that and learned gentleman, the Solicitor-General, would resist the
object. It was said 30 years age that their laws were the proposal, to relieve the judge from the necessity of his taking
perfection of human wisdom, but any one who witnessed a note of the evidence.
the reforms that since took place, must be surprised they The SOLICITOR-GENERAL said the bill would not be
were allowed to continue so long. He was one of a corn- compulsory in summoning all witnesses in cases to London,
mittee that sat a few years ago on the bill which passed and should it be found to work well, provision would be made
respecting bills of exchange, and was delighted at the im- hereafter for having parties examined in the counties wherein
provements made on that occasion. Bat why should not they resided. With respect to the suggestion to employ a
the same principle be extended to all written contracts ? short-band writer to take notes, he did not think it would
And why should not many material changes required be act well, inasmuch as after he had been all day taking notes
effected in the Court of Bankruptcy ? With respect to tri- they could not be read until he transcribed them. (Laughte.)
bunals of commerce, he had heard that they were originally Leave was given to bring in the bill, which was read a first
adopted in Spain, from whence they spread themselves to time.
France and all over Europe. The whole question would,
he believed, be advantageously sifted by the proposed com-
mittee, and on that account he gave the motion his cordial
approbation.
Col. SYKES wished to say a few words on the subject,
and they would be but a few, as the motion was acceded to.
The hon. and learned gentleman (the Solicitor-General)
said that tribunals of commerce were the offspring of the
ages of barbarism ; but he had in his baud a document,
describing such tribunal established in Calcutta. It com-
prised the whole of the details of such a tribunal, thecases
which would come before it, and the judges to preside,
who were to be elected by the commercial community. He
believed that such tribunals were absolutely necessary in
this country, and should support the motion.
Mr. M`MAHON agreed with the hon. and learned gen-
tleman (the Solicitor-General) that tribunals of commerce
were the relics of barbarous ages, and not at all suited to
this country. Such tribunals in the case of insurances
existed from the time of Elizabeth, but such was the par-
tiality evinced by the judges that they fell into disuse, and
were at last discontinued. He believed it was utterly
impossible they could give satisfaction to the people of this
country. In Franco, the judges of these courts were
selected by the Crown, but such a proceeding would not
for a moment be tolerated, for not only would their lives,
but their property, be placed at its disposal. He com-
plained of the great delays in the country in the adminis-
tration of justice, as compared with that of London ; and
certainly he thought the number of assizes ought to be
considered also before that committee. He, however, cor-
dially concurred in the appointment of a committee to
inquire into the whole subject.
Mr. BLAKE said it was a great satisfaction to him, as
representing a commercial community, that such a motion
was acceded to, and he had no doubt whatever but that the
greatest possible amount of good would be effected by its
appointment.
Mr. COLLIER did not believe tribunals of commerce
harmonised with the institutions of the country, but he
was of opinion that, instead of creating new courts, they
would do better to extend the jurisdiction of those now in
existence. lie thought that if they improved the juris-
diction of the Courts of Assize and the County Courts, it
would confer immense benefit ' • but as an inquiry would
do a great deal of good on all these subjects, and throw
light upon many things requiring reform, he should sup-
port the motion.
Mr. BUCHANAN denied that tribunals of commerce
were the relics of barbarous times, and from bis know-
ledge of the working of one in Hamburg, he could say that
they were of the greatest value. The greatest benefit de-
rived from such tribunals was a speedy decision, ami be-
cause they prevented serious and mischievous litigation
He would suggest, if they were to be adopted in this
country, that merchants should be associated with the
judges, in order to give them the benefit of their mercan-
tile experience.
Mr. HORSFALL thanked the hon. member fcr the
Tower Hamlets for the manner in which he had brought
forward this motion ; for although he was personally not
vary sanguine as to the advantages to arise from the Mali-
' lishine of tribunals, many of his constituents took a dif-
ferent view of the matter; and as an inquiry by. a select
committee could not fail to be of advantage, he was glad
to fled that the hon. and learned Solicitor-General ha I
agreed to the appointment of a committee on the question.
There wore many things which appeared very beautiful in
theory which turned out very different in practice, and
this might be one of them. There was one point that had
not been clearly stated—viz., whether the members of
these tribunals were to be paid or not, and the answer to
that would have a very natural influence on the whole
question. It was said that these tribunals were necessary
for the speedy settlement of differences ; but there was
now in existence a mode of obtaining such a speedy settle-
ment, where the parties wished it, by referring the matt, r
in dispute to arbitration instead of going into court. In
the course of the discussion Liverpool had been alluded to
as an example of the evils arising from the delay in the
admiuistratiop of justice, but ho must state that they had
four courts in the year, in which justice was as speedily
administered as could be well desired, and he agreed with
the bon. and learned member for Plymouth that if this
kind of business could be engrafted on the present juris-
diction of the County Courts, it would meet all the re-
quirements of the country.
Mr. AYRTON briefly replied, and
The motion for the appointment of a select committee
was then agreed to.
COURT OF CHANCERY PROCEDURE.
The SOLICITOR-GENERAL said he would endeavour
in a very few words to explain the object of a bill which
he asked the leave of the house to introduce, entitled the
Court of Chancery Procedure Bill. In the course of the
debate which had just terminated he had been struck with
the remark of his hon. and learned friend, the member for
Ennis, as to the serious evils arising from the present de-
fective state of the law of bankruptcy, and the manner in
which suitors, after having gone to one court for redress,
were afterwards compelled to go to another fur a supple-
mentary remedy. (Cheers.) He trusted that in the count)
of a few days a bill would be presented in one of the
Houses of Parliament by which the defective bankrupt
law would be amended—(cheers)—and he hoped the bill
he now asked leave to introduce would be found to go far
to prevent these double suits in order to obtain supple-
mental remedies. The main object of the bill was to enable
the suitor to obtain in one court all the relief to which he
was entitled. The Court of Chancery at present gave re-
lief in the case of breach of contract by restraining any
future breach ; but it could not now give any remedy for
breaches in times past, arid to obtain that remedy the suitor
wa
obliged
respect
tt ot roe sort
actionsto a
for Courtthe
eo f
performanceC e m monie
of.
specific
ecispecificalso
wnsh re
e
agreements. The Court of Chancery could decree that these
specific agreements should be carried out in fature, but
could not give damages for past breaches up to the time
at which it decreed relief. The Courts of Common Law
ha I now in these cases complete jurisdiction, and what he
proposed by the present bill was that the Court of Chan-
cery should in future have similar complete jurisdiction—
(to ar, hear) —and that suitors might be left free in all cases
to choose whether they would go to the courts of common
law or to the Court of Chancery, with the knowledge that
in both cases they would be able to obtain complete relief.
That was the first obj set of the bill. The second was a cor-
responding, though somewhat different one, namely, to ob-
viate the dfects now existing in the practice of the Court of
Chancery in trying questions of fact. It would be remem-
bered that in 1852 the mode of taking evidence in the Court
of Chancery was very materially alters Previous to that
time the practice was to take all the evidence by means of
depositions, and all the parties were examined in private,
and without being confronted with their opponents. That
had been altered, and at present there was a system of
viva voce examination, not before the judge who had to
try the case, and who would therefore be able to form an
opinion as to the character and the demeanour of the wit-
nesses, but before an examiner. That was no doubt, so far as
it went, an improvement upon the previous system, but
there were numerous and grave complaints as to the very
serious evils to which it gave rise. In the first place, the
judge who had to try the case never saw the witnesses, and
had still to rely on written depositions. In the next, the
examiner had no- discretionary power as to the evidence he
must receive. Parties might come forward and say what
they pleased, relevant or irrelevant, and the consequence
was, that when the depositions came into court, they had
to go through piles upon piles of paper, which he was sure
would frighten any hon. member who had never seen them
--(hear, hear)—and to wale through page after page in
order to get at a simple fact, which might have been
stated in a tenth of the time, and at a tenth of the ex-
pense. (Hear, hear.) The Court of Chancery, under the
existing system, could not check this prolixity and unneces-
sary expense ; nor could it, without seeing the witnesses
personally, judge as to whether they were speaking truth
or falsehood. Now, in cases of action for breach of
contract, or the performance of specific agreements, pe-
cuniary damages were almost always at issue, and in the
common law courts it was found that the most effective
methol of settling any such questions was to refer them
to a jury. He proposed that the Court of Chancery should
in such cases have the power of calling in a jury, and
thus at once speedily, satisfactorily, economically, and
completely settle all the questions of fact at issue.
(Hear, hear.) He did not propose, in the first instance,
that this measure should be compulsory. He would leave
it, in the first instance, to the discretion of the court ; and
if it should be found in the course of time—as he hoped
it would be--a successful experiment, he trusted it would
encourage them to make still further improvements in the
practice and procedure of the Court of Chancery, and to
enable the judge to see the demeanour of the witnesses.
Mr. HEAD LAM had no hesitation in saying that the bill
would give a very valuable jurisdiction to the Court of Chan-
eery, and greatly improve the adiniuistrati= of justice
i one ct.
was impossible to over-estimate te advantage
jury to suiwato: It
hour rsthoe
having a complete remedy nf
best means of deciding.
in easy, there was no reason why
to a court of common law.
that tribunal should be confined
lie wished that in all eases in the Court of Chancery the exa-
minations of the witnesses should be taken viva voce, before
tbo judge in the same manner that they were now aken be-
fore a jury in courts of common law. It was quitte certain
that the decisions in the Court of Chancery were not, in all
c sacs satisfactory; and he hoped his hon. and learned friend the
Solicitor-General would extend his bill, and make a provision
for the examination of wituesses by the judges in the Court
of Chancery.
Mr. Serjcant DEASY hoped th i bill would net be confined
to Engl
ayn_cle,,eua
and that.
Ireland,
hen. and learned gentleman, or the
r. d
Atterne would introduce it, or a similar
bill, for that country. At
Chancerypresent,
of the
Irelandsy s system m
was o fmeoxsatmining
witnesses in the Cott
defec-
tive and unsatisfactory, and he hoped the power of examin-
ing them by the
jud
e and before a jury would be extended
to the judges
of thethought it would be a Court of Chancery in Ireland. Ho
lion.
and
learned great improvement in the bill, if the
gentleman would make provi • non in it for

CHELSEA HOSPITAL.
Lord J. MANNERS obtained leave to bring in a bill to
confirm a contract for a sale by the Commissioners of her
Majesty's Works of certain lands to the Commissioners of
Chelsea Hospital, which was read a first time.
TELEGRAPHIC COMMUNICATION WITH THE EAST.
Sir H. RAWLINSON moved an address for copies or ex-
tracts of correspondence that may have passed between her
Britannic Majesty's embassy at Constantinople and the Fo-
reign-office, during the last six months, on the subject of the
establishment of a line of telegraph between Constantinople
and Bassorab. The hon. member said he bad intended, in
moving for papers on the subject of telegraphic communica-
ticn between England and India, to make a few observations
on the general character of the arrangements, more particu-
larly with regard to the line of communication tbrongh Tur-
key, but at that late hour of the evening he would not tres-
pass on the patience of the house ; and as he found that the
subject was to be brought before the house on another mo-
tion, he would reserve his observations for that occasion. He
would only observe at present that the object of his remarks
would be to show that the telegraphic communication be-
tween England and India, via Egypt and the Red Sea would
be very difficult, not to say impracticable, while on the other
hand telegraphic communication with India via Asiatic Tur-
key and the Persian Coast, might with the exercise of tole-
rable skill and care, be carried through successfully within a
very short time.
The motion was then agreed to.
FIRE INSURANCE.

On the motion of Mr. GREER, a return was ordered of all
sums paid into the Inland Rcvenne Office in Great Britain
and Ireland, for duty on insurances against fire, for the
quarters ending severally the 25th flay of March, the 24th
day of June, the 29th day of September, and the 25th day
of December, 1857 (in ioutian tion of Parliara_ntary Pager,
No. 142, of session 2, 1857).
IRISH BILLS.

Lord NA AS proposed to adjourn the committee on the
Clerks of Petty Sessions (Ireland) Bill until the 26th of this
month. He could not agree to the Medical Charities (Ire-
land) Act Amendment Bill, and would not, thercfo e, pledge
the Government to it. The same observation applied to the
Grand Julies (Ireland) Bill, he thought it was a good mea-
sure, and hoped it would go into committee to be amended.
Mr. J. D. FITZGERALD said that, under these circum-
stances, he would move that the orders of the day in refer-
once to the Medical Charities (Ireland) Bill and the Grand
Juries (Ireland) Bill, be discharged.
Lord NAAS intended to bring in a bill, in a few days, in
rdennee to the clerk of petty sessions.
The other orders of the day were then disposed of, and the
house adjourned at eleven o'clock.

ER MAJESTY'S THEATRE.
Third appearance, of Madlle. Titiens.
SECOND APPEARANCE OF MADLLE. POCCHINI.

LES HUGUENOTS.
TO-MORROW (THURSDAY), April 17, will be repeated
Meyerbeer's Grand Opera,
GLI UGONOTTT.
DRAMATIS PERSONA.

II Conte di San Bris (Governor
of the Louvre)
It Conte di Nevers. .
De Cosse Signor MERCURIAL'.
Tavannes
De Retz
Meru
Head of Night Watch
Raul di Nangis (a Huguenot
Gentleman) Signor GIUGLINI.
Marcell° (his Servant)
Margaritta di Valois (betrothed
to Henry IV.)
Urbane (her Page) Mdme. LUCIONI LANDI.
Dams d'Onore . Madame GHIONI.
Valentina (d tughter of San Brie) Madlle. TITIENS.
Ladies and Gentlemen of the Court, Pages, Citizens, Soldiers,
Students, Night Watch, Monks, Musicians, &c.
Conductor, Signor ADRITI.

With scenery, entirely new and original, by Mr. Marshall ;
dresses, entirely new and taken from the best authorities, by
Madame Copore, and executed by M. Laureys and Mrs.
Mastorman ; principal machinist, Mr. Sloman ; head of the
property department Mr. Bradwell ; the miso-en-scone and
incidental ballet, by M. Massot.
To conclude with a new Ballet Divertiisement, by M.
Massot, entitled
CALIST i; OU, LE RENVOI DE L'AMOUR.
The principal parts by Madllee. Pocchini, Annetta, Pas-
quale, Morlacehi, Bioletti, F. Brown, La Petite Philips,
and M.
On TUESDAY, April 20, MdIIe.PICCOLOMINI will mike
her first appearance this season as Norina, in Donizetti's
Opera of DON PASQUALE, and shortly aftei wards in
LUISA MILLER.
A limited number of Boxes have been secured to tho public.
Price 21s and 31s 6d each.
The full prospectus of the season arran/ements may be had
at the Box Office.
To commence at half-past 7 o'clock.

'I7HEATRE ROYAL, HAYMARKET.
Lessee—Mr. J. B. Buckstone.
THIS EVENING, April IG, will be performed AN
UNEQUAL MATCH. Characters by Messrs. 13uckstone,
Chipendale, Compton, W. Farren, Rogers, Clark, and Miss
A. Sedgwick, Mrs. B. White, Miss Lavine, and Mrs. J. Fitz-
wilham.
Alter which a Cassical Ectravaganaa, entitled PLUTO
AND PROSERPINE.

Conchading with MY HUSBAND'S GHOST.
Jrchestra Stalls (which may be retained the whole of the
evening). 6s. each. (No charge for booking.)
First Price. s. d. Second price. s. d•
Dress Boxes 5 0 Dress Boxes 3 0
Upper Boxes .. 3 0 Upper Boxes 2 0
Pit ...
2 0 Pit
Gallery
1 0 Gallery
Commence at Seven.

ROYAL PRINCESS'S THEATRE.
Proprietor, Mr. Charles Kern.
THIS EVENING will be presented the new farc3 entitled
THE STOCK EXCHANGE ; or, The Green Business.
After which, will be revived FAUST AND MARGUE-
RITE. Me pliistophiles, Mr. C. Kean.
To conclude with the now farce, entitle.! SAMUEL IN
SEARCH OF HIMSELF.

r7IIHEATRE ROYAL, ADELPH
Lessee--Mr. Ben. Webster.

THIS EVENING will be presented the drama of
THE POOR STROLLERS, in which Madame Celeste, Mr.
B. Web3ter, Paul Bedford, and Mr. Wright will perform.
After which, a new operatic spectacle, THE CALIPH
OF BAGDAD. The characters by Mr. Rolfe, Paul Bedford,
J. Bland, and Misses Rod3n, Keeley, and Arden.

CANTERBURY HALL, Westminster-road.--
OPEN EVERY EVENING.—The follow-
ing company of Vocalists are engaged for the performance of
S Ilections from all the popular OPERAS, MADRIGALS,
CHORUSES, GLEES, DUETS, &c., viz. :—Miss Russell, Mrs.
Badzey, ‘liss Bruaell, Miss Ray, Madame Bartoletti, and
Miss Montague; Herr F. Jonghmans, Mr. Renshaw, S. Jones.
J. Barker, W. Melling, Senor Antonio, E. L. Hime, Mr.
Badzey, Mr. Edwards, Mr. Bell, and Mr. Bernard : Messrs. T.
Maclagan, W. T. Critchfield, John G. Forde, and E. Mackuoy.
Piauworte, Mr. Cecil Hicks ; harmonium, Master Williams ;
Director, Herr F. Jonghmans. Commence at Seven o'clock
precisely. Suppers, &e., until twelve o'clock.
Mr. AUGUSTUS BRAHAM will appear every Evening.
Mr. WOODHOUSE (by permission of Chirles Kean, Esq )
will have the honour of introducing, every evening. his
highly successful Performance on the new REGULATION
DRUM.

THE WEATHER—SUN 071(10E, APRIL 16.
THERMOMETER, IN THE SHADE.
66—highest since noon yesterday.
53---lowest this morning and during the night,
6J—this day at noon—the highest this season.
BAROMETER, 29.98.
WIND, S.W. ; light, with fine warm sunshiny weather.