The Sun.
London, England, 1844-08-08 00:00:00

PARLIAMENT.

HOUSE OF LORDS, August 7.
Their Lordships met at Halfast Four o'clock.
DIFFERENCE BETWEEN THE HOUSES.

Lord CAMPBELL gave notice that ha would to-mor-
row call the attention of their Lordships to a point of
difference which bad arisen between the two Houses of
Parliament—one of which was, an amendment in-
serted in the Common Law Process Bill, and
the other was in the Common Law Courts of Ire-
land Bill, by which the appointment of the prothona-
tories and other officers of the Courts were to be vested
in the Lord Lieutenant, instead of in the Judges. He
would advise their Lordships not to agrez to those amend-
ments of the other House.

The Merchant Seamen's Bill was read a third time;
and on the question that the Bill do pass,
The Earl of HADDINGTON moved an amendment,
which be said should have been made before, but that,
as it involved a question of money, it was thought that
there would be an objection to it elsewhere. He now
found that the objection would not be raised, and he,
therefore, moved the addition of the clause by way of
amendment.

After a few words from Lord COLCECESTER and Lord
COLVILLE, the amendment was agreed to, and the Bill
was passed.

Messengers from the House of Commons brought up
several Bills.

oTAHEITE

The Marquis of NORNIANBk gave notice that he
would to-morrow present a petition from Leeds on the
subject of Otaheite, but he did not wish to raise any
discussion upon the subject.
THE CHARITABLE DONATIONS AND

BEQUESTS (IRELAND) BILL.
Lord WHARNCLIFFE moved that the amendments
of the Commons be agreed to.
Lord HATHERTON highly approved of the Bill.
But he was not disposed to go with the House of Com-
mons the whole length of their amendments.

After some conversation the amendments were
agreed to.
A message from the Commons informed their Lord-
ships that the House had given permission to the Earl
of Lincoln to attend and give evidence before the Com-
mittee of Post-office Inquiry.
Mr. Greene and others brought up from the Commons
several Bills.

A conference was appointed between the two Houses
on the subject of the Commons' amendments on the Com-
mon Law Courts (Ireland) Bill.
The report upon the Poor-law Amendment Act was
brought up and the amendments were agreed to.
The Lords appointed to confer with the Commons on
the Common Law Courts (Ireland) Bill, reported to the
House that the Commons disagreed with their Lordships'
amendments, and gave the reasons assigned in writing.
On the motion of Lord CAMPBELL the Commons'
reasons were ordered to be printed.
The Arms Bill (Ireland) went through Committee.
IRISH FISHERIES BILL.

On the order of the day for the Committee upon the
Irish Fisheries Bill being read,•
The Earl of WICKLOW moved the rejection of the
clause which takes away the power of appeal to the
magistrates at quarter sessions.

The Earl of GLENGALL supported the Bill.
The Marquis of NORMANBY said- that if this Bill
had not been introduced by the Irish Secretary it would
never have reached their Lordships' House. The Bill
introduced three important innovations. The first was
the employment of the constabulary in the prevention
of poor fishermen from exercising their calling. The
second innovation was the proposed mode of appeal,
which would place justice almost out of the reach of
the poorer class of fishermen. He objected, thirdly,
to the circumstance that a Bill of that importance was
introduced to that House without their Lordships being
informed as to whether or not it was to be dealt with as a
Government measure. —(Hear.)
. . .

Lord MONTEAGLE' said that the Bill inflicted a
great wound upon the character of the magistrates of
Ireland, especially in the clause which took away the
power of appeal to the quarter sessions. If the legisla-
ture showed a distrust of the magistrates in that respect,
the people would distrust them in other matters. If this
Bill were passed it was so imperfect that there would be
a necessity for a new Bill next year.
The Marquis of NORMANBY thought it would be
better to postpone the Bill to next session.
The House then went into Committee on the Bill.
The Earl of WICKLOW reserved his amendment un-
til the bringing up of the report.
The Bill went through Committee, and the report
brought up, and the Bill was ordered to be read a third
time to-morrow.

The Arms (Ireland) Bill also passed through Corn•
mittee.

The House adjourned at a Quarter past Seven.

HOUSE OF COMMONS, August 7.
'Continued from our Afternoon Edition of yesterday.)

INSOLVENT DEBTORS' BILL.

On the motion for the third reading of this Bill,
Mr. KEMBLE presented a pAition from Bermond-
sey, against the measure. The petitioners prayed that
the operation of the Bill, if passed, might not be extended
to debts incurred before its enactment.

Mr. MONCKTON MILNES proposed to insert the
following clause:—" And whereas, since the 11th day of
November, 1342, the duties of taxing master in_the Court
of Bankruptcy have been performed by one of the
deputy-registrars of the said Court, and the duties of such
deputy-registrar have been performed by Thomas
Acton Warburton, Esq., barrister-at-law; be it enacted,
that such person shall be paid by the Governor and
Company of the Bank of England, out of the fund placed
to th._: credit of the Accountant in Bankruptcy, intituled,
The Secretary of Bankrupts' Account,' such remunera-
tion for his servic not exceeding eight hundred p
as the Lord Chancellor shall think reasonable, and by his
order in writing shall direct." The facts of the case
were these:—Mr. Richardson, who had been registrar in
Mr. Commissioner Evans's Court, had since 1842 acted
as taxing master in Bankruptcy, and Mr. Warburton
had performed the duties of deputy-registrar in Mr.
Commissioner Evans's Court without remuneration.
The Lord Chancellor was of opinion that under the pro-
visions of the Act of 1842 he had no power to award
Mr. Warburton compensation, but the present motion
was made with the concurrence and approval of the Lord
Chancellor.

BICKHAM ESCOTT seconded the motion.

Sir JAMES GRAHAM said that the Lord Chan-
cellor had had nothing to do with the original appoint-
ment of Mr. Warburton, who had been selected by Mr.
Commissioner Evans as deputy-registrar. It ap-
peared to him it was a speculation on the part
of Mr. Warburton, which bad turned out a bad
one, and he had now abandoned it, not having performed
the duties for two months. It had appeared to him that
the best thing would be to confirm Mr. Richardson as
taxing master, and to appoint Mr. Warburton registrar;
but things had assumed, since he last addressed the
House, a different aspect. The .Lord Chancellor had
promised the office to a gentleman whosi case Lad b2en
brought before the House by the Hon. Member for
Liskeard—a gentleman who had been deprived of his
office by the Act regulating the Court of Exchequer,
without compensation. He had at the time admitted
that the case was a hard one, and bad pledged himself
to consider it favourably. That gentleman was Mr.
Lee, and to him the Lord Chancellor had promised this
office. Under these circumstances, although he did not
like the principle of barristers performing the duties of
public offices on speculation, yet he must admit that
Mr. Warburton had performed his duties most efficiently,
and he would leave the proposition in the bands of the
House.

Mr. C. BULLER expressed his approval of the kind
and considerate way in which both the Right Hen.
Gentleman and the Lord Chancellor had acted in the
case of Mr. Lee. With regard to the case of Mr. War-
burton, it could hardly be called a speculation. It was
clear that the duties must be performed, and Mr. War-
burton had undertaken them under the express sanction
of the Lord Chancellor. Parliament had sanctioned the
experiment, and having so sanctioned it, was it fair to
take Mr. Warburton's services for a year and a half
without remuneration? If they could arrange so as to
give Mr. Warburton the promise of an office it would be
the best arrangement, but they had no right to put such
conditions on the Lord Chancellor, and therefore be
should support the motion.
Sir R. PEEL considered that Mr. Warburton bad a
fair claim to remuneration. Under ordinary circum-
stances he would have most probably been appointed to
an office under the Act, but the House had heard how
that office had been disposed of. He thought the claim
of Mr. Warburton to remuneration was clear, and he
should give the motion his cordial support.
Mr. HAWES said the arrangement was one which
had conduced to the public benefit, and he, therefore,
considered Mr. Warburton was fully entitled to compen-
sation.

Mr. R. YORKE considered Mr. Warburton bad taken
up this office as a speculation, without proper authority,
and he should certainly-take the sense of the House
against the clause.

"Mr. WAKLEY would support the Hon. Gentleman
if he divided against the clause. The principle was so
obnoxious, and it opened such a door to corruption that
he certainly thought they ought not to sanction it. This
gentleman had undertaken it as a speculation, for there
were no funds out of which he could be paid.
Mr. M. MILNES thought there were funds.
Mr. WAKLEY—Then he had made a mistake. As
a lawyer he ought to have known better, and he ought to
suffer for his ignorance. The principle sought to be es-
tablished was a most dangerous one.
Sir J. GRAHAM explained.
Mr. B. ESCOTT did not vote for this motion as a
case of compensation ; he voted for it as payment for la-
bour done.

The SOLICITOR-GENERAL admitted that his first
impression had been adverse to the claim of Mr. War-
burton, but when he considered the case, he thought it
probable that Mr. Warburton might have been induced
to believe that the Lord Chancellor had power to award
him compensation, and he really thought that Mr. War-
burton was fairly entitled to compensation.
Mr. lIENLY thought the Lord Chancellor had just
as much power to give Mr. Warburton a berth now as
he ever had. It struck him as a speculation, and if he
had any claim it ought to have been brought forward by
the Government on their own responsibility.
Mr. MONCKTON MILNES replied.
Strangers % ere then ordered to withdraw, and the
House divided, when there appeared—
For the clause 44
Against it
Majority in favour of the clause —39