The Sun.
London, England, 1850-02-06 00:00:00

TICAL COMMISSION.

Mr. HORSMAN, seeing the Right Hon. Baronet
the Secretary of State for the Home Department in his
place, wished to know whether it wa3 true that the late
secretary of the Ecclesiastical Commission had executed
a deed a assignment before he absconded, and, whether
if he did, the Government had any objection to its being
laid on the table of the House?

Sir GEORGE GREY said, that when the defal-
cations of the late secretary were ascertained his Noble
Friend at the head of the Government had placed the
Solicitor of the Treasury in communication with the
Ecclesiastical Commissioners, in order to preserve what
he could. What further .ceps had been taken he could
not say, but he would make inquiry into the subject. -
Mr. HORSMAN said, that as the Right Hon. Baronet
was not in possession of the whole facts, he would repeat
the question to-morrow.
SUPPLY.

The House then went ii.to Committee of Supply, Mr.
BERNAL in the Chair, and a resolution was agreed to that
a supply should be granted to her Majesty.
AMENDMENT OF THE LAW IN IRELAND.
The SOLICITOR-GENERAL moved for leave to
bring in several Bills to amend the practice of the law
in Ireland. The first was t r regulate the process and
practice of the superior courts of common law in Ire-
land. The House was probably aware tl at some years
ago an Act of Parliament was passed for the purpose ef
producing uniformity of process in this country, and the
principal object of this first Bill was to extend to Ire-
land the provisions of that Act as far as it was possible
to do so. A contrast between the practice of the
courts of England arid Ireland would establish tho ne-
cessity of this measure for England. When a personal
action is commenced, a writ of summons is
issued without reference to the time of year,
and upon the defendant being served, ho is bound
to appear within four days and plead within
eight. If he did neither, then judgment by default is
signed against him, or if ho pleaded the case was soon
carried into court f.a. trial,' and in both instances the
results were si eadily arrived at. In Ireland a totally
different system prevailed. The first step taken there
is to issue a capita ad respondenchun, which is issued
to the sheriff, requiring him to take the body
of the defendant, and produce him on the first
return day. Upon the defendant, however, applying
to an attorney, he learns that he need not appear till
eight days after the return day, and if in the mean jime
the term expires, then he need not appear till
eight days after the return day of the next term.
The consequence was that much delay and many
evils were occasioned, and it was, therefore,
proposed to extend the same system of uniformity of
process to Ireland that exists in England. Another
provision in the Bill was to establish uniformity of
practice amongst all the courts in Ireland. At present
there was considerable disagreement between the practice
of the various courts in Ireland, which, in point of fact,
amounted to little more than a snare upon the practi-
tioner. It was also proposed to consolidate the .writ-
offices, and to make some alterations in the form (1
pleading, so that the pleadings might be entered in a
book and made of more easy reference. It was
considered in Ireland a desirable thing that there
should be continuous Nisi Prius sittings, and it
was proposed to effect that object by providing that
all the puisne judges should sit each term in rotation,
every term instead of in Banco, which would bring it to
the turn of each judge about once every three years.
Another object of the Bill was, if possible, to produce
some equalisation in the business of the courts in Ire-
land, which at present was very disproportionately dis-
tributed. Those were the leading provisions of the Bill.
There were various minor details with which he did not
think it necessary on the present occasion to trouble the
House. He proposed to allow some little time before
the second reading, to enable persons most conversant
with the subject to peruse and consider the
provisions of the Bill. Ho had received the
opinions of one or two of the judges in Ireland, which
appeared to be objectionable to some portions of the
Bill, but there was no great difference e f opinion among
the judges as to its leading principles. The Member for
the University of Dublin was preparing a Bill of this
description in the course of last year, and having, heard
incidentally that her Majesty's Government had it in
contemplation to introduce the present measure, the
Hon. and Learned Gentleman; in the handsomest man-
ner, wrote to him (the Solicitor-General), stating that
the matter would be much better managed by the Go-
vernment than he could hope to deal with it, and that
therefore he would leave to them the duty of intro-
ducing such a Bill.
Mr. MULLINGS was understood to throw out a sug-
gestion to the Learned Solicitor-General that in framing
his Bill some provision for the serving of legal process
during the long vacation in Ireland, between the 12th of
August and the sth of October, should be made in it.
The SOLICITOR-GENERAL said he would give
the suggestion his consideration.
Mr. SADLEIR said he felt, in common with a very
large portion of those who were interested in law reform
in Ireland, the great services which the Hon. and
Learned Gentleman had rendered by devoting so much
of his time, ability, and industry to the removal of those
legal impediments which so seriously stood in the way
of agricultural improvement and the advancement of
trade and commerce in Ireland. He (Mr. Sadleir) quite
agreed in the principles which had been stated this day
by
,the Hon. and Learned Gentleman. if he had any-
thing to complain of with respect to the present Bill, it
was that the proposed reforms were net more extensive.
With reference to the question of service, he thought the
Hon. and Learned Gentleman bad been happy in the
selection of those parties to whom he intended to confide
the service of law process in Ire'and. They were men who
were appointed after a careful investigation into their
previous life and conduct, and they were vigilantly
watched over by the assistant-barristers in each county.
But one of the greatest and most serious evils connected
with the set vice of law process in Ireland was the gross
injustice which arose from the fact, that, as the law now
stood, it was wholly impossible to effect a service of law
process on a certain class of debtors in Ireland. He al-
luded to those who might be possessed ef landed reve-
nues in that country, and who might avail themselves
of the premium which the present rules of law held out
for absenteeism. These was no speedy process for
reaching persons a that description. With reference
to the dreadful delays which took place in
Ireland, and perhaps in this country too, with
respect to the disposal f new motion trials,
he wished the Honourable Gentleman could devise
same plan by which those new motion trials could be
taken in the first instance, and not hang on from year
to year. He was happy that in the projected amend-
ment of the law the practice of compelling attorneys
practising in the lase courts in Ireland to be continually
making affidavits would certainly be diminished,_ and be
could wish it were done away with altogether. With
reference to actions of ejectment, he did not know
whether it was contemplated by the present Bill to
simplify the process by which parties proceeded by
ejectment to obtain repossession of their land in cases cf
non-title or ef non Payment of rent. Nothing could be
more vexatious, more tedious, or more inconsistent
with plain juetice than the present procedure in actions
cf ejectment; and if it were possible for the I-ion. and
Learned Gentleman to introduce anything into the pre-
sent Bill which would lead to the simplification of pro-
ceedings, by which parties could regain possession ef
their land when necessary, it would be conferring an
immense advantage, net merely upon the landlord but
the tenant-class in Ireland.
Mr. NAPIER said that from the object and the details
of the measure he felt assured that it would be received in
all parts of Ireland as a great boon, He, therefore,
her ed that the measure would be carried out in a fair
spirit by the House, for he was convinced that if it
was so that it would prove of immense benefit to Ireland.
Mr. HE A DLA AI cordially agreed with the view which
his Hon. and Learned Friend had taken of the subject of
this Bill, and believed thet if he persevered in the same
course that ho would earn as good a reputation for the
promotion of legal reforms in Ireland as others had
earned before him for the rectification of the govern-
ment of real property in that country.
The Bill was then read a first time.
COURT OF CHANCERY REFORM (IRELAND)

BILL
The SOLICITOR-GENERAL then rose to move for
!cave to bring in a Bill to regulate the Court of Chancery
in Ireland, with a view to reduce the expenses and
shorten the proceedinga in that court.—(ilear, hear.)
The Bill hadibeen laid before the Lord Chancellors of
its
principles, and Ireland, and both heartily approved of
principles, but of course did not pledge themselves to
all the details of the measure,—(Bear, hear.) Who first

,f

object of the Bill was to get rid of the prolix spt,,m()ci,
pleading now used in that court. The Hon. an'iParne„
Geutleman then went at coesidertehle length into A SW ,
meet ef the various delays to which a bill in the Ce!ir:
of Chancery is subject, and the numerous costs virllfh.
consequently fell to the lot either r f the plaintiff or eae_
fondant to pay, and then proceeded to say, that it.a.. I
proposed to substitute the modriof proceeding
for the present tedious process by Bill, giving to the judge .
in certain cases the power of taking viva voce evidenc_r_
would'not he.nad,
Such cases, however, he apprehended, eilT
merous, as when 'much viva voce evidence IVES V to
1 was evident that the best tribunal before which to g 11,47..
it was a jury.—(Hear, hear.) It happened also that.l_s.
many cases the only matter Lf dispute Lem( ea the pg.
count*,
ties lay in one particular instrument. In this
a r the
where such
was the case, it was mut imare ,ib,„ into
Chancellor to give an opinion alone, without goief,ci to
the whole of the circumstances, and they propog..
of
give to the parties engaged in such case, the riagn!bo
taking the judge's opinion, so far the matter reill'des
by petitions
decided at once, due care being taken that all the Par
_„.,
were before the Court,:and that all matters involving ar)
counts should ke referred to the Master.—(lle r, heceej„
The nest thing they proposed was to give the Celli:eting
for, in particular cases, the power of atlinrci lie
upon certain points, so that the suit In'g"e-.;ble.
brouht to as early a te-minaon as Pe to
lie pgroposed by this Bill to give power to the Ceehrttfit,
to dbeindosnome
directan any inquiry to be instituted when it the &bat
e n the
scree ca:
under
rs itp eempowered partiesaying
sr eqw.u:er_e
00
also
ester did not think fit to grant the application. ai
proposed to limit the time in which uPPen,.l9,f fb".
be made from the Master to the Court, and,:l°,--Oneral
Court to the House of Lords. This was it
„„id Le
scope of the Bill; and he did not think that it ifsa obs
necessary for him to go further int) the views nb"e Dill
jectsl of the measure until he went through the pro-
clause by clause. With respect to minor details,
til,
posed to pay the secretary of the Chancellor 11 loot
and not by fees, and he also thought ito ; 00
to give a secretary to the Master of tle thoughl3net
judge in this country was without one, and be us to
it was quite impossible for the Master of the 110
get through his business without one. any OW
Mr. FRENCH conceived that if there were ,-,cous
rations essential to be made in the pia:nice of t'""t theY
of Chancery in Ireland, it was quite necessary tilavio in
should be extended to England, for there were no e,a the
the Irish Court which were nct quite as aPPsrent ,'., the
practice. of the English Court. He did not see 417:, tte
experiment should first be tried. upon them. 1i",,,„.5 WO
new office about to be created, he did not see VV,,ue.' 001...16
three-fourths cf the business of the Master el t';b0010.,
was about to Le taken. from him, that an offinerfajoria
be created for whom there Lai been n° P—
necessity. a 0011
Mr. SLANEY considered it was a sob be
would be eminently successful in Ireland, and:t-eo the
that that country was under much obligatwr i'
Solicitor-General for introducing it.
Mr. SADLEIR said his experience woulditimihr to
5
boons that
which Irishman
had
say that this measure would be a very benefiela'sree'
h t eountrreshieb
granted to t a .„
thought it would soon be extended to this coun"e'heti
hadT quite as much need of it as Ireland.--(llearoff hot
There were three great defects in the practice he 000
beweonuld consider it one of the i, fie
the Chancery Courts, in the mode of proof, 1,,,,,ti of it°
of trial, and the mode of appeal. This Bill Dr:
SolicitotaGeneral went a great way to remeoca eV
feetee in the mode of proof by substituting viva vote
otse
ace for written depositions. The great nea 001
which the Court of Chancery possessed ey"tbet ';
tribunals was simply concentrated in the fact' iiiitetiP,
and
dd the pewee of probing the conscience of the P TO'
di fondant by putting them on their oaths. coo
,_,,, sac A
power had been conferred with remark la d ali"
in Irelarl6oa
upon courts of quarter sessions
had worked well also la the Nef iniite sing
Courts in England. With regard to the netni;ioed. L'u.'s
of justice he conceived that the Bill, 0,1 -I, of 15
the Solicitor-General, would do away with he 3it
absurdities to which he had adverted, and be a-nesetilea
soon as the experiment bad proved successful, that 0, elis
power given in the measure would be esteade joeSPII
common law courts, and th 1 d t the utter e%,,t .ii he
of the Court cf Chance:. sinealreloand. Thet;oVibB
thought, would confer great public advantagee
1130
country.—(Hear, hear.) h t,
Mr. PAGE WOOD said he witnessed with
satisfaction and delight the commencement
it was ae thlci
of this importance, though for the presents -1- Oa -If
listened
confined to Ireland.—(lleac, hea./ ii4ers,.
and having made inquiries into the ntittireireloll:,
procedure in the Court of Chancery' Bei so Ord
he knew that the defects which the -":- dote
to remedy did exist. Now all tiles sse"—
existed in England, and his satisfaction
at air
this measure introduced was in proportion t° thse di t°
,eoue ,_,,0,
satisfaction which he felt at its not beinv e2t" ott''
England—(Hear, hear.) It vt as impossible to °of in
the existing system of the Court of Ch that !ll°
England much longer, and he Unite' he et;
Government would take into consideration, do, do, c'h
priety of bringing forward a Bill to remedy" fitted Wji'
during the present session. Every one eennea One e'cl
OW t 0
it must be grieved and pained to think of tie
t.
and ruin which the vexatiousinP.triitnnheenee.eihjoeitio.:oo:
delay,
greatenormousi_ltisie expenses created among suitors ''' the .°0
facetiously,
ree
machine
Courtaephe
iornf e
fCore Chanceryngtr.i
nd
Console
hnoagndsdoobi
wee
,enn
land compares,and
by an able and most learned. ta-oa. otitrJ ei
ing for costs. This was no doe"' of il6
laagrggeersat t
pi orna
e,
titibonners in the court frclouniringooooPgrtVl4l °.
or 17 years. He concluded by expressing big grell
"
tisfaction at the introduction of thOmea.sure.. ible, ne"';',C
what had
bHaEdNLraE3eYedsaiind
tihtatwouHld be IntooPet "in OSAi
the benefits of the measure to, Ellglitlitnriattill
the same evils and grievances prevailed 1.. n. the :nd
as well as Ireland he could see no reason W.Po,di Oil,
should not extend to both branches ofoturh_roetukt._ireioll;stsiittro:ll:b.;
unless some stron reason were urged ega7estiell
couldiatu nhdiL.ewn LowbmtelehaNarerks Gbteigt
etnrholSreogaue,:tsdrthihnsi memefaori thatvpffil lesotni rnhnfceayeegstt ,
where
ir r
:.
.115 9 I
00
ps
thelieor
juewlndecrecdder certainly n
England.l ygettingpropose
a beetato
Mr. M`CmUgoLteLrAGofH
the
great difficult)" hit- biP7.O-ed•
ine'nffif
eetchonneseiquelyaosterof dutehtires)Rug6belhlsintghee oteenes. .0
his duties as president of thellacdourr A —l' Of 113
aslantPl -;do.
inaenxeiLlS Ste
'to
ince
ntlrelandra lis e ,
tthheft that
lawit was
and Ichgeuiintvtention njt.
deal nonfddoilatisfaction
no foundation
therefore, courts of aPo
which
fo r had - . riEe
"ti
effect o f convi n c i n g the
suhlceireteoahonulefsl.rsrlets rtoßeegfrlliavel lakes:lli
aultg°11:74:;:11::b;
j:sor el
8 :ionco
91 lit
:
jot
irobtsnahrearies which it gave rise to. 080 SiniPood iitieo
them being
the abuses
coambneseuendewrili.iiesbowenxisltsendowliend
bie
vied intoeeb held a terra -e'er a)
ionuantstolift pirnofictbdauneeetoryt,haen
d sleepingeventutk- Itinweerfroolni
thetime a disPute.:ger, w car'
heti led
n the(muchi
active
0 ee
:giePli.
obes ,wrosi.nel leips:coii li
110::::?..:.,a:esb:i:
ettocialltwphharnBfilnnrhanee2daedMtiecce4:ea:niftdhrm.ai. to 183 7 , when it was found
was due to the plaintiff, the costs of e
mounted up to 17,00(1—(10er hear.) not Pre eat'
Mr. WALPOLE regretted that he 0'31: stOnglibie
when the Learned Solicitor-General made lie state
butt he could not help joining with other "In eotrAos
.Memeers who had taken part in this debatef thee() Pe is
tiu Government to extend the provisions e es Ode
d eaEngland.ntry was The t h
agtr enaet
publicityevil o f thewes :Inv:toe toolei tso
iorle '0
thiset tier,
oe
pings. He hoed the discussion en fined to
149;1 t
Members gesoifn this
the BillHeit
awe o; u
andld not a
gave
ee
it ;brio; 11004
orthlaret 0;
as f.
Leave was then given to bring in the 13- '
isaunedh._a(BHilelawr,ahseaasr.m).uch necessary
;11 witch
read a first time.

Rao' .r
eLpE
et tr
As some incorrect 011/
Go- 4,1
THE COM
of ...ARP
to this office, vacant by the appointrnel4 Acitooder
Houstonwe Stewart, C.B , to be a Lord of the .qleos
of
may confidently • C taio " Ilet
Ellice, R.N., state that sP optr° ..ber.
who has filled the office of c peee'" of
stsillaPre.iin TOilir:llCl:tiltOSO'ifiellijorlt „II
t
steam machinery, at Somerset House► Sin Ced in th
troller
1846,
and which office is now to he absorbe ay.)
the surveyor of the navy, becomes the Der/ cc)
01
general of the Pr 030
coast uard.—Herald•
TUE NEW NOUTH•WEST SEARCUING Eder . g
000 otio
TION.—The Arctic Committee• ted t° ooce cl-
appoin e a _ A
best measures to be taken with the view 0, at the ,o.
a further search for Sir John Franklin not imilaiiii
mirult
Y3esterdaY. There were present to`""f3., 4r, sit'
pher, Rear-Admiral Sir F. Beaufort, 0"-• eel ''''r.
Sir Edward Parry, ut 0
John Richardson.
Captain Sir J• Ific 0 for
Oil tee°
QUEENST
OWN.—Arrd. Janet, Chalebepthio -11
the Clyde;
Tynernouth Castle Mil'er 1311 don.
Backer, St. John',, New ' 'LOII
Brunswick for

(LEFT SITTING.

the OirB
4:
)0
en
tt
hh
ee
3311 es
tt uel
it
t.
~ , ate thet
s
of W. H. Sutton, Esq., of a daughter. t the 13c1Y pi( /1
aBL
nio
dEd
gTg
alle
te,AS
tw.
,„ ei. ,
Tyssen, Esq., of a daughter. of tP' ;.
On the Ist inst., at Brighton, the wife
of P
Vernon, of a son. wit° of
et the fife
On the Ist inst., in Lowndes-street, ,
tbe
Jenner, Esq., of a daughter. Altor,
On the 31st ult., at Westbrook-housoy
C. M. Burnett, M.D., of a daughter.
Keteindo:sr, DeGlgs
of
.._.v... v.

St. Jarn.
B. _.es'a-
H t S3Tsi:hu,lEt.s,
On the 30th ult ught
at
wocot
Church,
Thomas
MABRIED. varret er 01
square, Bath, to Anna EliZar 0 fr.
t
c'eOrg gt
G Ide
T. I (lac filUarPrioaNnvd.otuhsee:
Lyndon, of Frith-street, Soho, to Elizabeth ii.Pcbeit'
datighte
r of Mr. J. T. NeatP, of 'Duke-street,
square. e

----------------- .0050
DIED. Wife Of
On the 31st ult. aged 23, Ann Isabella, the ~
ilargreaNes, Esq., Mai field, Bolton. jialdree',olV
ildi
On the Ist inst., in Charles-square,
_Joshua „ .iionlx-
,arg.eßdo2o7rm, t7Eyociungest son of Mr. J. lialdren, °I P • nf
'fo -
court, Basingliall-street. the Til
On the ist inst., at Brixton. hill, Mrs. Doornugh . oi,
deo '
ton, hi Col#
On then Ist inst., at Sydney-street, BrolP 1000
Duncan Ferguson, Esq., late House rbysician to Ole°
lege Hospital. TM „
On the 2d inst.
11,•ndon: Printed andinFitirbalr.
WinstaVr• '
nley, Esq., eldest Q of the late Rev. , 67.
ley, Principalof -on
St. Alban's Ball, Oxgrfu.oaro rdei,
es:veood di; ,:r;:::01:1757:0:
-....;;;1110, q
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ti4tor;mldl,2in, StthreanprePcrininetterifaLttheTty.Scuy:siltro COlgi°
laiddltlo,34 Wednesday, February 6, lq.•-•