The Sun.
London, England, 1835-03-05 00:00:00

WILLS AND EXECUTORS.

Sir J. CAMPBELL then moved for leave to bring in a
Bill, " for the amendment of the law with respect to wills and
to executors and administrators." He wished, by the proposed
alteration in the law, to effect that property of every descrip-
tion should pass under wills signed by the testator, and at-
tested by witnesses.

The Bill was read a first time.
The Hon. and Learned MEMBER also obtained leave to
bring in a bill to facilitate the enfranchisement of copyholds,
to abolish heriots, and to amend the law respecting copyhold
tenure, while the same shall subsist.
An fox. MEMBER wished to ask the Learned Gentleman
whether it was his intention to include in any bill which he
might bring forward with regard to copyhold tenures, any
clause relating to customary tenures, which were general in
the north of England?
Sir J. CAMPBELL replied that it was his intention to
provide in the contemplated bill for the description of tenure
to which the Hon. Member had referred.

The CHANCELLOR of the EXCHEQUER said, that
there appeared to be a variance upon the notice which the
Hon. and Learned Gentleman had given of the Act which he
expressed an intention of submitting to the House, inasmuch
as he seemed to propose merely to facilitate the enfranchise-
ment of copyhold tenures, but to abolish heriots altogether.
Sir J. CAMPBELL intended to confine the Bill which be
then brought forward to facilitating the enfranchisement of
copyhold tenures, and to propose another bill for the abolition
of heriots.

Mr. CUR TE IS expressed his regret that it did not appear
that the Hon. and Learned Gentleman intended to introduce
into his Bill any compulsory clause regarding lords of the
manor.

The Bill was then read a first time.
DIVISIONS OF THE HOUSE.

Mr. H. G. WARD said, the practice now pursued of
publishing the names of the Members of that House, furnished,
as they were, by some individual Members of it, was, in his
opinion, attended by all the evils which could possibly result
from the authentic publicity of them, and by none of the ad-
vantages which, he was satisfied, would follow the adoption of
the mode of taking the votes which he meant to suggest.
The names of Members were, at present, sent to the news-
papers after a division had taken place, without the sanction of
the Speaker's name, and without being placed on the votes of
the House; and the only manner in which Hon. Gentlemen
could correct the mistakes, which, of necessity, constantly
take place under this system, was to throw themselves upon
the courtesy of editors, and to beg of them to rectify the errors
which were committed.—( Hear, hear.) He recollected to
have seen in the Times no fewer than five lettersoupon one
day's paper, and nine upon that of the following day, all com-
plaining of the mistakes which had been made in reference to
one division. He (Mr. Ward) also remembered the words
which were used by the editor of that paper upon the occasion
alluded, to, and they, as he thought, conveyed a just rebuke,
and were to this effect—" We repeat, usque ad nauseam, that
we are not responsible for the correctness of the lists which are
furnished us. Why does not the House adopt some plan of
giving them to the public in a correct and authentic form ?" He
did not think that there was any insuperable difficulties in the
way of devising some plan by which all the evils arising from
the present mode might be completely obviated. He would
not presume to lay any specific plan before the House for its
immediate consideration or adoption ; but he thought that the
divisions could at present be taken by means of cards or tickets,
and afterwards with an authenticity and correctness which
would be equally satisfactory to those Members and to the
public. Though he must admit that the Committee appointed
upon this subject last Session had recommended a plan which
could not be adopted without great loss of time and inconve-
nience, still he did not hesitate to express his confident expec-
tation that the result of the prOteedin:4s of the Committee for
which he intended to move would prove more satisfactory. It
was almost unnecessary for him to advert to the many incon-
veniences and mischiefs which occurred under the existing
system ; but he would just mention that incorrect lists of those
who voted upon divisions were, during the late elections, fre-
quently produced upon the hustings, and it was often found
almost impossible to remove the impression thereby produced
upon the minds of those constituencies to which he referred.
The Hon. Member concluded by moving for the appointment
of a Committee to take into consideration the best mode of
giving correct and authentic Lists of the Divisions of the
House.

After a few words from Mr. RUTRVEN, the motion was
agreed to, and the following Committee appointed :
Ward, HG. Wortley, Hon. J. S. ‘. lay, w.
Fretnantle, Sir T. Graham, Sir J. R. G. Ewart, W.
Inglis, Sir R. H. Sinclair, G. O'Connor Don
Grote, G Shell, R. L. Ross, C.
Hawes B. Grey, Sir G. Aglionby, H. A.
Wynn,, C. W. Stewart, P. M. Gaskell, J. M.
Warburton, H.

COURT OF SESSION IN SCOTLAND.
The LORD ADVOCATE moved for leave to bring in a
Bill for making certain alterations and reductions in the esta-
blishment of clerks and officers attached to the Court of Ses-
sion in Scotland ; and to diminish the expense of judicial pro-
cedure in that Court. The Learned Lord observed that the
Bill was founded on the recommendation contained in the re-
port of the Commission which had been appointed to investi-
gate the subject. The result of the measure, if adopted,
would be the reduction of thirty-five officers, and an annual
saving of 15,000/.
Mr. WALLACE wished to know when it was likely that
the second report of the Commissioners would be laid on the
table?

The LORD ADVOCATE replied that it was in prepa-
ration, and that he had every reason to believe it would soon
be ready.
Mr. WALL ACE strongly recommended that the saving
to be effected by the proposed measure should not go to the
consolidated Lund, but that it should be applied to the aboli-
tion of all the fees in the Court of Session.
Mr. MURRAY considered that the Learned Lord had per-
formed a great public duty in the introduction of this measure,
and that the country was greatly indebted to those who had
proposed the Commission on the Report of which the measure
was founded, as well as to the Commissioners themselves.
He thought the recommendations of the Hon. Member for
Greenock were highly deserving of the Learned Lord's atten-
tion; for unquestionably the fees in the Court of Session in
Scotland were at present exceedingly exhorbitant and burden-
some to the suitors.

Mr. CUTL AR FERGUS SON thought it might be more
expedient to wait for the second report of the Commissioners
before they proceeded to legislate on the subject. He per-
fectly concurred with the Hon. Member for Greenock as to
the expediency of abolishing the fees in the Court of Session.
He wished that the provisions of Home Drummond's Bill for
reducing the expences of the Sheriff's Court in Scotland were
extended to the other courts of that country. The only mode
of reducing the expense of the Court of Session, to which the
Learned Lord had referred, was by the reduction of the num-
ber of officers. In his (Mr. Ferguson's) opinion, the reduc-
tion of fees was a still more important object.
The LORD AD VOCATE concurred in the expediency of
reducing the fees in question as much as possible.
Leave was then granted to bring in the Bill.