The Sun.
London, England, 1850-06-15 00:00:00

eittuin#

LONDON, SATURDAY, JUNE 15, 1850.

On Thursday evening the County Courts Extension
Bill passed through Committee in the House of Com-
mons, and the third reading waifixed for Tuesday next.
Several new clauses were introduced, and sanctioned by
the House. The Attorney-General, notwithstanding
his avowed hostility to the measure, fairly and honour.
ably redeemed his pledge, not merely by not offering
any further opposition thereto, butbringing bymayh
er
e.for-
ward various amendments, which
garded as decided improvements. One of these,
indeed, was of a very important character,
well calculated to save expense to the
systrties
em
such proceedings. Under the present
although the defendant may have no possible defence,
and may be quite willing to acknowledge the justice
of the demand for which he is sued, the plaintiff
must still be prepared with his proofs and witnesses,
and all costs must he incurred that would be neces-
sary if the case were litigated to the utmost extent.
Henceforward, however, under the new clause pro-
posed by the Right Honourable and Learned Gentle-
man, a defendant, whether a suit had been actually
instituted or not, might enter into an agreement in
writing, acknowledging the amount of the debt actually
due, which, being lodged with the clerk of the court, will
authorise the judge to adjudicate upon the case, in like
mautier as if he had tried it is the ordinary way in
court. This is in some degree analogous to the
cognovit actionern in this country, but still more so to
the plea of confession in Ireland, and may be regarded
as a great boon to plaintiffs and defendants. The
former will be saved the trouble and expense of pro-
(lacing their witnesses, whose absence from their
business may be a very great inconvenience, and also
save heavy costs, which they may never be enabled to
obtain payment of from the defendants. While
the latter will not only be exempted from these costs,
where able to satisfy the debt, but their absence will
give a much greater probability of an amicable settle-

men t being effected, for every person at all ex- I
perienced in effecting arrangements between debtor
and creditor must be aware that the chief difficulty,
which, indeed, too frequently proves an insur-
mountable obstacle, is the heavy bill of costs, which
is generally regarded as a sacred fund, for which no
time can be given, and the prompt liquidation
of which is usually regarded as an indispensable
preliminary to any indulgence on the part of the
claimant. The attorney must have his costs from
one party or the other. If the defendant cannot or
will not pay, the plaintiff must. The latter thinks it
quite sufficient to accept payment of the original
debt at some future time or by instalments, without
putting his hand into his pocket 'to pay his profes-
sional adviser; and the defendant must either reline
quish all hopes of obtaining a compromise, or pay
down a sum of money which, under the
ancien regime, frequently exceeded the amount of
the original debt. This may be wholly beyond his
power, and the hope of a compromise that would be
highly beneficial to both parties must be abandoned
on account of the costs incurred. This serious evil
will be avoided through the operation of the new
clause.

But there is still another decided advantage to be
derived therefrom, which renders it far more beneficial
than the cognovits. It, may be given even
before any suit is instituted, and will there-
fore be available in a vast number of cases where the
debtor is willing, but unable, from temporary
embarrassments, to satisfy the demand. The creditor
would not rest satisfied with a mere promise—he
had that already, and it was violated. He would
wish for a judgment, or something having the force
and*validity of a judgment, which he could bring
into operation in case of default. Where he cannot
obtain this he will proceed in his action. And
even in the superior courts a cognovit, or judges
order, could not be given until a writ had been issued,
and some V. or 31. costs incurred. But this agree-
ment can now be given, and lodged with the
clerk of the County Court, although no summons had
been taken out, or any expenses, however trifling)
incurred ; and it can, if necessary, be acted on even
at the eleventh hour to authorise a decree. It will,
therefore, prevent proceedings in a majority of cases.
Nor will it be displeasing to the officers of the courts,
for by the next clause a power is conferred upon the
Treasury of ordering these parties to be payed by
salary, in place of by fees—a power which will un-
doubtedly be speedily resorted to.
The subject of greatest importance discussed during
the evening was, however, the right of appeal to any
of the superior courts, which the Honourable and
Learned Gentleman the Member for Liskeard wished
to bestow on dissatisfied parties where the sum reco-
vered exceeded 201. This is a question of consider-
able difficulty, and one on the result of which the
beneficial operation of the law will greatly depend.
The Honourable Member for Lewes had at one
period assented to such a power, but it was omitted
in Committee. It was asserted on one side that the
original code contained no such provision, and that it
had notwithstanding worked well, and given
the greatest satisfaction to the public generally,
and that the present desideratum was to extend the
jurisdiction to 501., without any other charges. On
the other hand, it was asserted, and with much appa-
rent reason, that, when the jurisdiction was so far ex-
tended, many complicated questions of law might be
brought forward, and that, unless an appeal were
allowed, the decisions would be very often con-
flicting ; that there is at present none of the
superior judges, although selected from the very
highest ranks of the profession, who is not subject
to an appeal, and the County Court Judges
could not complain if subjected to similar treatment.
The dangers of " irresponsibility" were also pointed
out, and the probability of a certain degree of care-
lessness and negligence being occasioned when there
was no further tribunal to resort to. It was likewise
urged that the prospect of conflicting decisions
was greatly increased when there were sixty
judges, all acting separately, and without even
an opportunity of communication with each
other ; neither had these courts the advantage
of practising barristers in constant attendance,
or of the reporters of the press to publish their de-
sicions, both of which would operate as checks upon
any crude or hasty judgments. For these reasons,
and many others of minor weight, the right of appeal
was insisted on 23 being absolutely indispensable.
For our own parts, we must confess that although
exceedingly desirous that this salutary measure
should be carried in its integrity, without
mutilation, we cannot see that the power
of appeal would in any degree impair
its efficiency, more especially if granted under
proper restrictions. Care should be taken to prevent
appeals on frivolous and insufficient grounds ; but
if security were required by recognizances, with two
sufficient sureties for abiding the judgment of the
superior court, or one of the going judges of assize,
as in the case of appeals from the decrees of assistant-
barristers in Ireland, we cannot see any objection
that could be entertained to granting it to this ex-
tent in every case, whether above or under 201. No
man would give unquestionable security for debt and
costs, unless he thought he had a really good case on
the merits, and under such circumstances it should
not be concluded by a hasty judgment. If, however,
his objects were merely to gain time, he would never
give such security, and incur heavy expenses which
would unquestionably fall upon himself.

It was formerly the proud boast of Englishmen,
that however widely they might differ among them-
selves with regard to political matters—that however
animated might be the discussions arising from such
differences, yet that the instant any foreign power
attempted to interfere all political differences were at
once sacrificed on the altar of patriotism, and we
became united as one man against foreign inter-
ference and foreign influence. Such, unfortunately,
can no longer be our boast ; for the first time for the
last century we have a foreign party established in our
Legislature, a party ready to sacrifice the honour,
the interests, and the well-being of the nation,
to the restoration of absolutism and obscurantism on
the Continent, as the most probable means of re-
storing in England that regime of robbery which,
under the name of protection, enabled the persons
composing this party to plunder the industrious of
their fellow-countrymen of thirty millions per annum
for thirty years, and thus to keep up the rents of the
aristocracy at the time when the value of every other
species of property was depreciated upwards of thirty
per cent., and when the interest of money in the
funds was reduced from 5 to 4, then to 3i, and now
to 3i per cent.

This un-English party has long been secretly
forming its machinations. Its organs in the press
have, by the publication of " private correspondence,"
concocted in the Russian or Austrian Chanceries of
the various states from which the correspondence is
dated, done their best, as well by the suppressio veri
byaasata
their
heir e
the suggestio falsi, to mislead the British public
thereaylesa to thetateof realaffa dirseosinghthaeoCf oßnutianseian,t,a dto
blind designs
which y
receiveer only
not the passive acquiescence but
the active support of those among our aristocracy,
whose
is, as BYRON sung thirty years ago,—
Their
soc2:oitilviirn,nh,weriaetlrhltheiverything. and up with rent!
." 44
wealth, joy or discontent
religion, rent! rent! rent!"
wg,aesnd
with
t iconnivance,
asnd party
rnt
yo t
thatto say
a
Being,
theg
Spanish difference was fomented, fhoornifsenexntegidhon,g
by the contrivance, of
engagements entered were
a mionntgo
sthhaemecfbuilefv i
osluaptipooorstero
King 13°148A in his
with this country to respect the Sicilian constitu-
tion. Encouraged by the success of the intrigues,
they now venture to show themselves openly and
avowedly in Parliament, and the motion of which
Lord STANLEY has given notice for Monday next,
may be considered as the first I:'*iirliamentary overt
act of the Russian party in the British Parlia-
ment, the first distinct avowal of a devotion
to Russia as distinguished from English interests,
affairs is
i
We believe that Lord STANLEY himself, whose utter
ignorance of anything relating to
proverbial, is not at all aware of the foreignntentions of those
of whom he is the dupe, he having merely the op-
portunity of making a dashing and slashing speech,
of which " the Rupert of debate " is always too
happy to avail himself, and of carrying out his favourite
theory of " obstruction and embarassment. He is the
mere puppet of an unpatriotic faction of whom his
omniverous credulity (teste Tamboff) renders him
the useful tool—the more useful, because he

is utterly unconscious that in the wording of
the motion he has spoken, and in the
bringing for ward of his motion on Monday, he will
speak not so much his own language as the language
of M. DE KISILIEFF, the Russian Minister in Paris,
between whom and General LAHITTE, the Legitima-
tist Minister of the French Republic, and the excel-
lent
members of the Holy-Allianee-loving portion of
the British, Aristocracy there exists the most inti-
mate solidarite. As a proof of this, solidarity, we
would mention the refusal of General DE LAHITTE
to return any definitive answer to the overtures of
the British Cabinet until after the debate shall have
taken place in the House of Lords, and the journey
of MM. TRIERS, DE BROGLIE, and GUIZOT to Lon-
don, in which capital they will all he assembled on
Monday morning. The latter further evidently con-
siders the affair of too much importance to be en-
trusted to the blundering management of his ci-devant
head clerk, and therefore comes over to superintend
himself the progress of the intrigue.
With respect to the motion itself, it completely
ignores the fact that Mr. WYSE and Sir WILLIAM
PARKER demanded satisfaction for an insult offered
to a British naval officer, which satisfaction was re-
fused, and refused, as there is no doubt, at the insti-
gation of Russia, who, scared from her prey of Turkey
by the appearance of the British fleet in the Darda-
nelles, encouraged Greece to bully England, and
then refused to back up poor King OTHO. The
wording of the motion relates merely to the claims
of Mr. FINLAY by Don PACIFICO and of the plun-
dered lonians, claims which every one admits to have
been just in principle, whatever might be the difference
of opinion as to the amount which would satisfy their
justice, and of which, being just in principle, it was
the duty of the British Government to enforce the
acknowledgment. These, however, are matters of
minor consideration ; it is as the inauguration in our
Legislative Assembly of a regular Russian party,
actuated by Russian feelings, subservient to Russian,
as contradistinguished from English, interests, and
carrying out Russian intrigues, that we look forward
with anxiety to the debate of Monday.

THE FRENCH REPUBLIC.

We have received the Paris journals of yesterday.
From these it would appear that much doubt still
continues to be entertained upon the subject of the
Dotation, both by the Members of the Commission
and by the Members of the Assembly. The Com-
mission met again on Thursday evening, for the
purpose of hearing the opinions of the Minister of
Finance, of the Minister of Justice, and of the
Minister of the Interior, upon the question. Each
of those statesmen repeated the declaration already
made by them before the Standing Committee, de-
feuding the principle of the Bill, and leaving it to
the discretion of the Commission to contrive a form
whereby the opponents of the measure may be con-
ciliated. Out of the fifteen Members of the Commis-
sion, six are favourable to the measure, five are
opposed to the grant altogether, and the remaining
four suggest that it should be yielded, under the
form of supplementary credits, to the budget, as a
yearly augmentation. ;The Patrie, alluding to
this affair, confesses its mistake in having pre-
viously announced that the majority were deci-
dedly favourable to the scheme of the Dotation. So
far from such being the case, it seems that the dis-
sensions of the Committee upon the subject almost
defy reconcilement—the main prospect of the accept-
ance of the Bill being in the solicitude of the As-
sembly to prevent the necessity of a crisis. Out of
this anxiety on the part of the Legislature it is still
probable that the measure may be passed, as the ac-
ceptance for one year of the Ministerial proposition.
The Cabinet have more than once explicitly inti-
mated that the total rejection of their demand for an
increase to the PRESIDENT'S salary will be followed at
once by their resignation.
Although the actual number of votes given by the
electors of the Bas Rhin to their respective candi-
dates have not yet been received, it is altogether cer-
tain that M. EMILE DE GIRARDIN is triumphant. It
is said that he has succeeded by 6,000 beyond his re-
actionary opponent.
The Minister of Commerce has just addressed the
Paris Chamber of Commerce on the subject of next
year's exposition.
MM. PROUDHON and LANGRAND have been ac-
quitted by the court of assizes of Paris, on the charge
of having published a letter in the Voix du Peuple
exciting hatred against the Government. Their ac-
quittal was received by the crowds present with pro-
found silence ; but, nevertheless, the circumstance is
a victory for the Red revolutionists.
Accounts received yesterday in Paris from M.
TRIERS announce from that gentleman the fact of
his having been most favourably welcomed by the ex-
King, at St. Leonard's.
The Duke DE BROGLIE leaves Paris this day to
visit Louis PHILIPPE, either at the same watering-
place or at Claremont.
A different route is marked out by the gossips for
M. GUIZOT. Instead of returning to England to pay
his respects to his former Sovereign, it is said that he
is on the point of setting out on a journey which will
comprise the leading courts in Germany. The mo-
tive assigned for this tour is to gather materials for a
great historical work. The great activity in con-
ducting political intrigues evinced by M. GUIZOT
during his sojourn in Paris, and his assiduous ap-
pearance in the salons of the Russian embassy, give
room for surmise that his mission is by no means
confined to literary researches.
It is observed that General BARAGUAY D'HILLIERS
has frequent and close interviews with the PRESIDENT.
The Union has the following
The Mountain makes a great noise about the votes
of the army. The following is a short extract of a letter
of a young corporal quartered in one of the forts near
Paris:—' We all voted fur Eugene Sue, and do you
know why? Because we hoped that it would lead to a
row, and that we should then finish once for all with
these gaillards.' "
In the Assembly the proposition of M. PASCAL
DUPRAT for the appointment by the election of the
councils-general and municipalities of Paris, was re-
jected by a large majority.
During the discussion on the subject of the remu-
neration of the wounded of February, the Reaction-
ists_indulged in all kinds of indecent insults to that
republican form of government to which they have
solemnly sworn allegiance.
The commencement of the sitting of yesterday was
marked by an incident which created some interest.
LAROCHEJAQUELIN occupied the tribune to utter a
vehement protest against the phrase of " assassin,"
which had been applied by the Left yesterday to the
Vendean hero, GEORGES CADOUDAL. The President,
however, cut him short, and the Assembly passed to
the orders of the day.
A deplorable riot took place in the French capital
on Wednesday evening, bearing some resemblance in
its character to a similar affair, mentioned elsewhere in
to-night's impression among our Indian intelligence.
The former is thus described :

" On Wednesday night there occurred a very serious
disturbance at the Barrier° Poissonn'ere, which might
easily have ended in another 13th of June. A drunken
quarrel, about half-past eight, had collected a crowd
near the military post of the barrire. The commander

of this post, which was occupied by six men dud
a corporal, sent two soldiers to disperse the mob.
Two of the Republican Guard and some soldiers,
passing on their way to quarters, assisted in this
duty ; and their joint efforts being met by a deter-
mined resistance on the part of the crowd, the soldiers
collared two of the nearest and led them off to the
post. This was the signal for a row. In a few
minutes upwards of 500 blouses were on the spot and
prepared to storm the post, giving vent in the mean time
to their rage in insults. The coporal, in the first moment
when the affair assumed a serious aspect, had sent off
for assistance to
the barrack of La Nq,uvelle France.
Ile drew up his six men in order of battle, and made
them load their arms. The pause which followed on
this demonstration of energy enabled the reinforcements
to arrive in time to save the post. The new comers
were, however, received with a shower of stones; but
after a few charges they succeeded in clearing the space
in front of the corps de garde, and in arresting six of the
rioters, who were conducted before the commissary of
police at La Chapelle, and seat thence to the prefecture.
This scene lasted for two hours. S_ hortly after half-past
ten quiet was completely restored."
During the sitting of the Legislative Assembly
this day (Saturday) a foreign question of some im-
portance will be brought under discussion.
The report on the petition of the monks of St. Ber-
nard will be presented. Most persons are aware
that after the war of the Sonderbund the Radical Go-
vernment of the Valais confiscated the property of
this religious corporation. The French Government-
up to 1848 contributed to the support of the convent
by an annual pension, which was then suspended by
M. GUIZOT. Proceeding upon this hint, the monks
claim the protection of France for the re-establish-
ment of their despoiled hospice. Petitions bare been
sent to the Assembly, to the PRESIDENT, and to the
Minister of Foreign Affairs, soliciting support
against their adversaries. General LAHITTE seems
to have taken up the cause of the monks with
a zeal worthy of M. Guizor, the thread of
whose snapt policy, after lying by for two
years, is once more the clue followed at the
Hotel des Capucines upon all foreign matters. Ge-
neral LAHITTE is determined to avail himself of this
opening to bully the Swiss Radicals. On the 4th of
June he restored the suppressed pension to the "Hos-
pice" of St. Bernard; and this act is said to have
been accompanied by the dispatch of an energetic
note to the Swiss Government, demanding an indem-
nity to the convent for the spoliation exercised in
- 1848. The Government conceives the moment ripe