The Sun.
London, England, 1857-06-23 00:00:00

SECOND READINGS.

The following bills were read a second time : —St.
Phillip's Church (Liverpool), Brighton and Hove Water,
New River Company, North-Eastern and Hartlepool
Dock and Railway Companies' Amalgamation, Noftb-
Eastern Railway (Capital) Amalgamation, North•
Eastern, Portsmouth Railway, and Dublin and Wicklow
Railway.

THIRD READINGS.

The following bills were read a third time :—llere-
ford Cathedral Re-toration, Great Western and Brad-
ford Railway, and Exeter and Exmouth Railway.
' THE GREAT WROUGHT IRON GUN.
Lerd RAVENSWORTH inquired of the Secretary
of State for War whether it was the intention of the
Government to send the monster gun, cast in the Mer-
sey Iron Works, to China, in fulfilment of a promise
which had been given that it should be used against the
enemy ; and also why a contract had been entersel into
with an American gentleman for the manufacture of
several guns of large calibre in that country, instead of
the contract being placed in the hands of an English firm?
Lord PANSIURE said filet experiments with the
gun had been made which fully proved its great
value and power, but he thought there was
no necessity for conveying a piece of ordnance of such
enormous weight and calibre to China. He was not
prepared to give a pledge that the gun should be used
in China. The reason the gun was not sent cut during
the late war in Russia was, that before the car-
riage and other necessaries were completed, the
war was happily brought to a close. With regard to
the second question, a gentleman of the name of East-
man had discovered certain improvements, which he had
patented, in the manufacture of guns of large size, and
submitted them to the Government. The subject bad
been referred to a committee, who reported so favour.
ably of the invention, that Mr. Eastman received
orders from her Majesty's Government for six
guns. The guns bad been received, and he be-
lieved that the principle upon which they wore constructed
was generally approved. The guns could undoubtedly
have been cast in this country, but as Mr. Eastman
possessed a patent, he bad a perfect right to cast the
pas where he thought fit.
THE CASE OF MR. F. B. DIXON.

The Earl of ALBEMARLE moved for a copy of the
memorial of F. B. Dixon, Esq., of Castletown House,
Darrow, Queen's County, to the Lord Lieutenant of
Irelandedelivered to his excellency on or about the 13th
July, 1854. praying for an inquiry into the conduct of
David B. Frank, Esq., stipendiary magistrate, who had
illegally arrested and imprisoned the inemorialiet's son,
a child of between 6 and 7 years of age, and committed
other acts contrary to low, in connection with the pro-
secution of the memorialist on a false charge of 'conspi-
racy to murder one Thomas Brophy, of which charge he
was acquitted at the Spring assizes of Maryborough, in
1854 ; also copies of a memorial of Mr. Dixon to the
Lords Commissioners of the Treasury, dated the 6th of
Dec., 1856, and the answer thereto. His lordship said
that the case appeared to him to he one of considerable
injustice and oppression.
Lord ST. GERMANS said that if his noble friend
thought Mr. Dixon had been aggrieved he had done only
his duty in bringing the matter forward. It was quite
true that Mr. Dixon was indicted as stated, and that he
obtaiced damages against the stipendiary magistrate for
false imprisonment, and against the proprietor of a news-
paper for libel. Still, it was hardly fair to bring against
Mr. Franks charges which there was no opportunity of
answering. He believed Mr. Franks to be a gentleman
of the highest integrity and impartiality, and that he
had been actuated by no personal feeling in this ease.
Lord DONOUGHMORE asked wheller the Go-
vernment had not paid the damages awarded against
Mr. Franks, thereby completely a xenerating him from
the charge of having actee from personal feeling.
Lord ST. GERMANS was not able to say positively,
not having had notice of that question, but his im-
pression was that such was the taut.
The Earl of EGLINTON wished to know out of
what fund the 5001. ever paid /
The Earl ST. GERMANS said he believed it was
paid out of the secret service fund.
The papers were ordered.
•
COIISOLIDATION OF THE CRIMINAL LAW.
The LORD CHANCELLOR called the attention of
the hence to the consolidation of the criminal law, and
said he should conclude by asking their lordships to
agree to the reading of eight short hills which would
have that object iu view. The importance of that step
had been pointed out by Lord Bacon, Lord Cuke, and
Lord Hale, and in 1816 the House of Lords passed a
resolution that the criminal law silioulel- be consolidated,
and it was submitted to the House of Commons, who
cordially supported the plan. But nothing had been
done in the matter. If teat was an evil forty-one years
ago, what must it be now, when upwards of 150 acts
were added to the statute-book. A commission was
some time since appointed to consider the subject, he
(the Lord Chancellor) being a member, and the commis-
sion came t the conclusion that they had better do
something rather than confine themselves to speculation,
but the commissioners found that they bad many diffi-
culdes to contend with, and after variens discussions it
was decided that the only plan that could be adopted
was to take one particular subject. But this was the
difficulty, that. in many statutes not haying eepecial
reference to a partieular ,subjsct there were points
bearing upon that subject, and the danger, there-
f, re, would be, that iu allaying out their objet
they would omit some portione which they might
not discover. The finhject, however, had ' been
placed in the hands of some members of the bar, who
would, mark ail the portions of the statutes which bore
upon any particular subject, a pi-Geese, it would be ad-
tnitted, of very coneiderable labour. At the suggestion
of Mr. Coulson, the statutes had been divided into
classes, arranged according to the extent over which they
bad operation, some relating:; o the whole of the king-
dom and others only to portions, others to revenue, mak-
ing altogether thirteen classes. As they went back in
this operation, many portions would be struck nut, but
until they went back from Queen Victoria to the thee
of Magna Charta, they would never be certain that there
was not some portion of the statute law relating to some
particular subject which bad not remained undiscovered.
The commissioners selected a variety of subjects, one of
the first being the criminal law, in accordance with a
resolution of the house; that it was desirable that the
criminal law should be consolidated. With regard to the
criminal law, it had been gone carefully through by Mio
Greavem, a member of the commission, and Sir Fitzroy
Keily, and a bill was brought in with regard to indictable
offences. He (the Lord Chancellor) did not think that-
that bill went far enough, and he had new eight bills,
fore hick he asked a first reading. Amongst them there
was the bill relating to criminal proeedere, the considera-
tion of which he thought should be deferred. These
eight bills included offences against the person, larceny,
malicionsinjury to property, forgery, Offences against the
coin, libel, accessories and abettors. Those were the bills
be proposed now to lay before Parliament. There were

several other hills ready, but he had thought is advisable
that some of them should be introduced in the °Vier house
in order that it might be seen to what tatent the com-
missioners had proceeded. In the course of their inquiry
they had come to the conclnc.ion that there were many
ancient statutes which could not be consolidated ;
for exatuple it would be the height of pedantry to attempt
to consolidate Magna Charta or Quia Einptores. There
were a vast number of other statutes relating to various
:ibtiheocts which it would be impossible to consolidate
vet?. actually re-writing them, and then there woul.l
be
t danger in altering lanana e which had received
a judicial construction. gere were a good many
statutes which, Id
on . not be repealed, but which it would
be absurd toocfozoa!idate—the Wills Act would be a good
illustration
to the Tithe t it meant, and so, again, with regard
Commutation Act. Still, after all, there I
remained a valastwa,uamhhderof subjects which were matters
of statutory
those the commissioners had no
difficulty in cocnosorollldoalot!inotrsSeveral of these were in the
bands of the
e;
illknd others in the hands
of the members of the lows.ssetooubsie for the purpose of
being introduced to that
Y.. It had been said
that the commission had done nothing, but he bad no
hesitation in 'saying that very shortlyvointneeliey would be able
to reduce the forty or fifty
ilo.rrent existing
into the small compass of two or three
Lord BROUGHAM considered thatoaurnes*
miConsolidationt
time?f
of the statute law, apart from a cotsolid
common law, was not desirable. At the
same
i the
i
quite agreed with the noble lord in his estimate he
the reduction which the labours of the commission would
of
en would
effect on the bulk of the statutes. The commisitioners
had undergone an immense deal Of labour, and deserved
the thanks of the country. If be might select some
names from 'the others, he would especially mention
• the noble lord (the Lord Chancellor), Mr. Bellendea
Ker, Mr. Walter Coulson, and Sir F. Kelly. (Hear.)
Lord CAMPBELL thought it would be better to
see a consoldation of the statutes as a whole, and lie
trusted that his noble and learned friend would be con-
tent with this specimen. He trusted that they would
never attempt to consolidate such statutes as Magna
Charta, for if they were to attempt to touch a word of
them they would set all England in a flame.
' The bills were read a first time.
GOVERNMENT SECURITIES OF ROMAN
CATHOLICS.

Lord ABINGER moved fcr a return of all property
held in trust for Roman Catholic uses, his object being

to di,cover where such .property was situate, and wha
was done with it.

The LORD CHANOELLOII, said the proposal shordd
beroade on the diseuedon of the

Lord ABINGER, after a few words, withdrew his
zuotirm.

MINISTERS' MONEY (IRELAND) BILL.
On the order for going into committee on this bill,
The Earl of CLANCARTY analysed the division
which took place on the second reading of the bill, and
denounced the system by which the judgment of 230
peers assembled in solemn deliberation had been super-
si,ded and reversed by the proxies which bad been used.
He should be very sorry to see the system of proxies
abolished, bemuse he believed that under some circuit•
stances it was very valuable ; but he thought it was a
very anomalous thing that in this way the judgment of
230 peers in solemn deliberation shouid be reversed. It
was especially to be condemned in a case of this kind
when the object of the bill was the spoliation of the pro.
perty of the church. He thought it was far too grave a
matter for persons who were not present during such a
debate to take upon themselves to advise her Majesty
respecting it. He complained that during the whole of
his speech, the Earl Granville turned his back to the
opposition, but addressed himself entirely ito his own
friends. More than that, he never once turned his face
t'o the Lord Chancellor, the keeper of the Queen's con.
science. (Lugheer.) He moved as an amendment that
the house do go into committee on the bill this day iex
months.

The Earl of DERBY could not go with the arguments
of the noble lord, because it would affect the system of
voting by proxy, and because he thought the argument
of the noble lord aimed at this, that proxies should be
given to one side and nett° the other. (Laughter.) He
did not think that the decision of the house would have
been different if the peers who had voted by proxy had
been present, for on locking over the proxy papers, he
was bound to say that he never saw a set of peers less
likely to be convinced by any arguments that might have
been used. (Laughter.) While he (the Earl of Derby)
retained all the objections to the bill he had recently ex-
pressed, he should not offer any further opposition to its
progtess. He could not conceive that any course of
proceeding could. be more calculated to shake confidence
in all parliamebtAry titles than the bill now before the
house, violating as it did an indubitable right of pro-
perty which had existed for 200 years. (Hear, hear.
The bill not only indemnified those who had violated the
law, thus rewarding those who bad violated the law,
and punishing those who had
.obeyed Won account of
their obedience.

Earl GRANVILLE thought the course taken by
the noble earl was perfectly consistent and judicious.
He thought also it was for the interests of the Church of
Ireland to purchase peace by such a trifling sacrifice of
revenue, which could easily be made up by very slight
economy.

The Earl of CLANCARTY said he could not divide
the house on his amendment.

The Earl of ABERDEEN supported the measure.
After some further conversation, in which the Duke
of Argyll, the Bishop of Kiln3ore, Earl Donoughmore,
and Lord Dungannon took part, the bill passed through
committee.