The Sun.
London, England, 1844-02-07 00:00:00

MPERIAL PARLIAMENT

-~.r,.~.,,~

HOUSE OF LORDS, Feb. 6.
The LORD CHANCELLOR took his seat upon the Wool-
taack at Five o'clock.
LAWS RELATING TO GAMBLING.

The Duke of -RICHMOND moved that the evidence
taken before the Select Committee appointed to consider
the laws relating to gambling, should be presented from
time to time for the use of the House, but that it should
not be delivered until further orders.—Agreed to.
PROPERTY OF FELONS.
The Duke •)f RICHMOND then proceeded to call
the attention of his Noble Friend at the head of the
Council-office to a circular, dated the 2d of September,
1843,- 'which -was signed -by the Assistant-Secre-
lrY to the Treasury, and which had been sent
to the different clerks of the peace of the United King-
dom. He had no wish to throw any impediments in the
',way of the Government, or to impute blame to any one ;
2ut he-thought it much better that all communications
!vain the Government to the magistrates, especially on
matters relatingto the administration ofjustiae as regarded
criminals should bemade through the medium of the Secre-
taerY of State for the Home Department. Had such a course
e.ll adopted in the present instance, the irregularity of
Which he had now to complain would not, in all pro-
ability, have occurred. Their Lordships were aware
_9lat the property of all convicted felons was forfeited to
I.lle Crown, and no doubt the Treasury were as anxious
In get as much as they could from that source. It should,
rivever, be recollected that the country gentlemen of
-angland had to pay half tlav, expenses of these prosecu-
lions out of the county-rate,•snd to maintain the criminals
'4, gaol ; and he thought /that, at all events, the county
anould be reimbursed th e expenses which they had in-
aTtred, from the forfeited property Of criminals before
Ims Crown seized it, bitving the residue, after the pay-
of .those exper.s to the Crown. However, he
admitted that by taw.- the Crown was entitled to all the
rperty of conei-,ad
is letter was o-,ty felons. He was well aware that
'!ould searcel-
:!.:r.easury a letter of advice, but magistrates
this letter, inclined to think that the 'Lords of the
w' Aid offer them bad advice. The paragraph in
recommended that the justices should make
vitererat6l7n of all moneys taken from prisoners by the go-
q'the gaol. To that he did not object. The go-
all nor of every prison was bound to take an inventory of
roPerty found on the prisoners, and he thought there
• ed he no objection to that inventory being transmitted
ink Treasury • but there was another direction in the
'',4o which he did object, and that was, that in cases
has waleh there was reason to suppose that the prisoner
possessed of property ether than that found on his
Letaoo, the magistrates were required to cause inquiry to
o*Vnade at the residence of such prisoner, or in any
place frequented by him, in order to ascertain
particulars as to the value of such property. which was
,0 be returned to the clerk of the peace, and included in
his return to the Treasury. He (the Duke of Richmond)
contended that such a requisition was illegal; a constable
Zitering a place to make such inquiry would be liable
34 an, action for trespass. How was he to know
.t4t 'whom the property belonged ? He had no right
• look o'er partnership accounts ; and if such
• .
Tunes were made, he (the Duke of Rich-
lid) as a visiting magistrate, should feel it his duty
inf
co °rln every prisoner that, up to the moment of his
nvietio.a, he had a perfect right to assign over his pro-
tt,Y, 'pt.-dispose of it in any way he might think proper.
or "Qcted the i lovernment would withdraw this letter,
by kt'all events, amend it. The Noble Duke concluded
movii
!1g for the production of the letter.
,o+:rd WHARSCLIFFE had no objection to the pro.
Itutt-'t 'Ann of" the -letter. The Noble Duke bad correctly
that, by the common law of the land, the goods of
icted prisoners were forfeited to the Crown; and,
Ar • few years ago, a regular return of such goods was
tQ e• Some very strong instances have arisen in which
41roperty of prisoners had fallen into other persons'
Zia, and had been retained by those persons.. One
'l.at Prighton, when forty sovereigns were taken
Tata, ,4 prisoner, and not given up. A still stronger
sum ,"ad occurred in Westmoreland, when no less a
aft;''''alt 2,0001. was kept back, and was only recovered
his the lapse of a considerable time. He agreed
.with
aien(yol.de Friend, that in particular cases the recom-
liat bat,tons contained in the clause of the letter could
• acted upon. The object of this recommendation
that on every apprehension the officer should
4t„,,,e,°Tupelled to mark on the back of the
talent the amount of money found upon the
•t• nber• If this recommendation were adopted,
halirtight it would be attended with good
Intt,:B: and he thought it would be well for the maga-
saetiti 43 attend to the suggestion. It was also recpm-
ettsultr that, when the constable took the prisoner into
asst Y, he should take an account of the property pos-
" hlthe prisoner ; but by this it was by no means
• that he should inquire into the particulars of
to a profits ofpartners.
'teen aEROUGHAM was very glad this subject had
)13. lase
under the consideration of their Lordships.
*re): lanse of the letter, to which more particular re-
it) '3 had been made, it was recommended that the
atorlosut'„b‘le .should be empowered to inquire into the
bJ "of property belonging, or supposed to belong,
itall prisoner. It was impossible to defend the clause,
u.,ch as it empowered an officer to commit trespass.
teen-ru. CAMPBELL regretted that this letter had not
811boajtted to his Noble and Learned Friend the
,
*ea Chancellor, or to the Attorney-General, before it
the isued• He thought it was the duty of the Lords of
Irkaiditreasury to take the highest legal opinion as to its
"reeiseti'• He was of opinion that the sooner the law was
the better.
vtoolh l ~P_ohe of RICHMOND would suggest that it
eamit; !''e desirable to have a letter written to other
thou,„;.?s 116 t to act on that law, which the Noble Lord
"t had been better omitted. He would withdraw
1111149tion, but he should like to have an intimation on
e pact
of the Government that care should be taken
other counties informed of the opinions which
Government entertained.
After a few words from Lord WHAIINCLIFFE and the
Duke of RICHMOND, we understood the motion was
Withdrawn.

- • THE AFFAIRS OF SPAIN.
The Ettrl of CLARENDON gave notice that he
sk some questions of the Noble
Njould, on Friday next. a
rentrd, the Secretary for Foreign Affairs, respecting rienspsepcatiinng,
and
s which had recently taken
")a
'mecountry.
The ir, present relations with that
CHINESE TREATY.
he wished to put
The Earl of CLARENDON said
It enestion to the Noble Lord, t
nts an explanation
Affairs, respecting one or two
the S.l-cretary for Foreign
:41):: 'Which, he thought necessapryelto
mlant document complete. As they
were about to
render that im-
iii, on a new field of commerce,as
tel7tY would depend upon_ . tr strict t whichadherence it w was
eo
I ntteihseetl
els of the treaty on their part—it
—ltt 110 misunderstanding should exist,iatnwd etheeeCeehltinese
rgate4:::::ntnth would expect a rigid adheTrehneeire
Ltaoradllshtihpes
utents which they entered i.nto.h
to , t let the same favou
throne 1 great satisfacrtiwono,idndt
bee speechafforded
hf r o.
to m
own theth e .
liir,nerce of other nations withthCehitnreaawtyhtieohintzeirateto.
-4 1 hut there was nothing in
tetelb,
He sup
' countries that this was the Caste.
IX,Seci th •
1, diet thus was an 'omission, bu 4111,ortance that no doubt should reitst woene* of.a
countylrttNattin Which reflected so muchhhenenfiotusrofonwhtihohis
,Y, and which first established the principlee of free
Ni.t:olaPetition in this new market, the
CLl'lld probably be extended to other
wcoausntowrieinsgbio. It
ltstnrese• This wisdom and liberality
to the very
,„„ I,lctions of her Majesty's Government
'tv;rteried individual by whom thtoose
thneegotrieagutiolans.
tio)is earried on. With regard
a peared
they
t'' h %Vended to the treaty,
to the
41ttc,..1° been framed with a very careful re
Aart 'qa of China, and with a view to preyrenptarrtau,
hyd
wonhtiliehe
tlieirc!ftbe Chinese, and qUarrels on their part,
interrupted. But
course might hereafter be
~N (led, must 11 l'''gulations mus be considered,r. he
binding
of apart of the treaty,. equally -i
ni the same same force with the treataty, ittui
.f.4° second article they were
%at f° second
an integral part of it, but. Ivereteedealito'
talichli? luisunderstanding should exist initawmaeatdteeerire'ofbsloe
kiti,sti.olportance. - He wished to kuowofwhtehtehetrrehateyr
tiiik, is representatives in China . had authority to
tetvree those regulations Vitr,4ll, ;the two countries. regulations
assaompeorotflotrliose
1114ih.4,°'
w44erkynos,t4rninginent
tchhiasractcouerAr
of their
hteeheaynsoeugohnt
Atteeill, observance depended the continuancehethird regulation,
irttik,ettl., intercourse with China. sitit4 leg her Majesty's ships, providesT for the inipn-
tn evo°/, various fines, some
h confiscation of
Pie *II
,ilandred dollars, together wt .
specified,
of them amounting
!'at ;,°`e cargo for certain offences' therein Ilitt stated '1 ob partvv h
whom these
the rfiengeuslaltvioenres .
tdoid
1'11'441144)11 the 13th was the most important
\tithe:ll'4y ,blithe scarcely thought that it wasse pb:t3 r
part
he
expressedoefv finditehde.
et to the
pltti4humeli-nt clearness. It said that, with respect
baolit tilp,t of English
MIN to
,pr the Queen of criminals,
Xaineci twh..o..enla9bc:eg'ilegernuedi
14 a, I:" 'Provide for that abject. n
!lAN 4-, his Noble Friend whether • any: code of,
lt. 1.,,,,',,,ad been drawn up, and .
if
sxecution ?
It 14-•,-'" he ready to be putthOtllti.gi be
INhtd ;' Odehiegahil; toimppourttanthte
power would be.
ttstri,,,,aiBo to ask whether that
thatlaw l n
inthefeoreCersHules
tier -,74 to the Consul General or theh aoufthotrhie-
`-'onh 1 Rong,liong ? or whether
tfttoutrtZ.vys aitiitthoe fieireeet portsupown would
obwile toemapuotheweeoerrletdy?
should be
katioe:ll,tb regulation provided that cruiser
for the rotection
carry
F'lf tht °ff each of the five ports
~alatib„(4lalds. Be thought that a most
would be
glad ~,-1
,und he was sure that the. country
erma-
tv" learn that it was intended to
impportant re-
the;thef:7:jseeitt:fvta:e all:l.desirable for the phreeserPatio-nn
the sub .hetween the two
galanatitoionn,s.—(Hear, hear.) 0
It \vas - r tho intended that the Consulhseseaulgeddgtieveal‘uvrthitelf
the d, c'onuct of the merchants, or for the PaYulen
LiBThellatrltollf annese Government ?
,ir. Dower , -,-IsERDEEN was happy .to
h his Nob it4,l to give the explanations which
.bbPoll 1 re to
The regulations having been agreed
'tte,,-Y trle Chinese Co •si
Acisve-rgr Must be considermed as part of have it in
Cad r,ef frantint, . ---,
‘;kellt‘-:°nhnociuild of
anode
the Governor
Oaktis , of long-Kong,
was given to
empowered to carry into
t!ittt
it°n• He entirely agreed with his Noble Friend,
iotf.the
t‘lt'tted lf/frilish cruiser should be permanently sq.).-
)"t. to each
of those ports.--(Hear, hear.)
_ln
, 441,13 15th regulation, he could answer that the
'tlirit would run no risk whatever. They were
tlfte IL for the dues, because the functions of
, ould 1, ug Merchants were abolished ; but they
41 tk gaVe he. b. , • and thileeaedtrehSlartyli. eTnhrye
C.lllir pou - S. IPS papers delivered to them, and left
Itie "ession, until the captains showed that the
b....„, Itiptliattutporities NVere satisfied. Although ther.e was
°II resPeeting other European nations in the