The Sun.
London, England, 1850-05-03 00:00:00

Tidaloc to call the attention of the Attorney-General
a complaint that the judges appointed persons—some-
, IT" improper persons—to collect the fees throughout
Whole of a district, paying them the smallest possible
.4tnn for their trouble.
The ATTORNEY-GENERAL said he had prepared
culluso to remedy the grievance.
in 441.• J. EVANS said that he believe .1 the understand -
"
;,,5 corns to at the time the salaries of the county courts'
Ugeg were fixed was, that they wouli:be at liberty, when
not ern
'9,03 ed in the business of their courts, to practise
their profession. It would be most unjust, therefore,
:,;'seinerease their duties to such an extent as to leave
1.4,M no time• for such practice.
r Sir G. GREY had never stated that under no circum-
; trees would au increase be made in the salaries of the,
mu ge2. What he had stated was, that from the infer-
:l4'4M Government possest.el he did nct think there
r,s any probability of the salaries being at present
halseci. When the clause which prohibite4 the judges
eactising was struck out in the other House, the Wile;
wl" that their courts would occupy the whole of their
ti".

• fir• ROEBUCK asked if he was to understand the
•we 're Hen. Gentleman as having said that the judges
• told when they accepted their situations, that the
110"e' their time would be occupied, and that if addi-
ecl Ela
um business was given them they would have no
for additional salary? If that was so, there was an
eere Of the matter.
Sir G. GREY• said he had certainly understood the
Chancellor that he had intimated to the gentlemen
select
judges that their whole time would be re-
sthe if necessary, for their judicial duties. At lint
i)og,,i,vere paid by tees, which in some cases exceeded
~di..`),E yeareand in others fell short of that sum. He
• the e,e.think there was any distinct intimation given to
at'eidlettees when the change was made, and their salaries
t 1,0004 that there should be no increase. 01
'leers
: ° Government had the power of increasing them if
peer
I Itatidr: IIiLIONBY had been informed that the under-
; state(ilt, come to was quite different from what had been
•wh °Y the Right Hon. Baronet. He wished to know
ether
'the some of the judges were not led to believe that
au! would be paid by fees? In some instances the fees
te.3,ll_eted tl 1,4001. and 1.500/. It was scarcely fair,
,sefore, to fix the salaries of these parties at 1,000/.
en :tr. G. GREY said the judges had all been appointed
first instance without the Government having
ittiaclent information to guide them in fixing the proper
,jee No distinct intimation had been made to the
1,4..°;; but it was well known that at the earliest
possible the payment by fees would be abolished,
Weed salaries substituted.
eery rr.,: CLAY had understood the Home Secretary to
;Judgeships.uatcompetent persone were anxious to obtain these
fte, If their duties were increased, would corn-
ee", persons accept the situations at the present salary ?
en'," business was increased and the salaries remained
00/
4sie.M e the judges would be over-worked and under-
- kr re
• Uon, .AGER FON corroborated the statement of the
Aba-.4 Secretary. He believed the understanding was,
it4th,". judges should give their whole time to the public.
Area ri* muN.rz was willing to leave the question of in-
API the salaries to the discretion of the Government.
etob, r• BROTHEREON was cf a similar opinion. It
Il,•;°Iie had listened to the debate. he thought they must
etieeefie"le to the conclusion that ineeead of the 'Bill beitig
lege r•the puhlineeenefit, it.wee one. for
.increesieg;the
qtrils cif County count judgee.,(Laughter.)
Pie amended, was Wen agreed to., ,„
4O
utie 3 ass struck out., • e:ee eee'e
tee clause 4, which relatelite issuing the summons in
The
which tee plaintiff resided,
lteee,e ATTORNEY-GENERAL expressed a desire to
" whether the Hon. Gentleman opposite meant to
st on this clause•.
kr
tee„ • ROWDER thought nothing could be more
..debetst
Nes than that a person in Cornwall having a
t hi York, should have the power to summon him
ge,'';'Pear in a court in Cornwall. He should, therefore,
tor the expunging of the clause.
•". PITZROY was inclined to abide by the clause.
M
vareeITCHELL thought that the, convenience of the
eeviff ought to be regaeled as well as that of ihe do-
. yo,7lE:tit• it might ha a hardship t 3 summon a debtor in
hezd,,t? appear in Cornwall, but it would be equally a
i'orke to the creditor in Cornwall to follow his debtor
isee• ROEBUCK suggested that the rule should be to
e the summons in the district within which the con-
et was made.
eerhe ATTORNEY-GENERAL said that the rule in
e„°.hl Act was to issue the summons in the plaintiff's
te","trieT• The object of the Bill was cheap ju.tice, but
lei, would not be obtained if the plaintiff had to take
clap!"
to a great dietenee. His oniun was that the
• ork t!:113 ought to be struck out, and the old Act adopted
ls point.
• Aft
—er a fwords from Mr. ROEBUCK,
.
tee AGLIONBY said that the old rule was to follow
uefeadant. lie was in favour of making excep•
tee 4-8: and leaving it to the judge to decide on appliea-
°Y the plaintiff whether he should follow the de-
erld4Tit.
r. COCKBURN suggested a - middle course. The
location
h;was on which side the inconvenience lay.
Plaintiff had to establish his case by witnesses or
el "14 books, and therefore prima facie the inconve-
tejiteee would be with him if he was compelled to
th them to a distance. Some latitude ought
Orefore to be given to tee plaintiff to bring
o'tTesuit in the district in which he lived. On the
pi 'y hand it would often he inconvenient if the
frentiT had the power of bringing the defendant
le "" a great distance. It had been suggested to
ljve the matter to the judge. That seemed reason-
though there was some objection to allowing the
age of the district in which the plaintiff resided to
te the decision, for he would only have an ex parte
pait!lzent to guide him. He should, therefore, sug-
Fs' that the plaintiff should be entitled to sue the de-
ftdelit in the district in which he lived, if the judge
beingdecide submitted to him by the plaintiff, should so
Itr.l...lfter a few words ft= the ATTORNEY-GENERAL and
Mr.a MITCHELL said he thought the judge who was
tb.7 the merits of the case ought to be entrusted with
ttred.iscretion of fixing the locality in which it was to be
t4r. CROWDER said the whole of the argument in
discussion had rested on the assumption that the
4intlf in every case was clearly right, and the defen-
prt as clearly wrong. There were cases in which a
et:'ntiff might be anxious to annoy a defendant; for in-
eeh °ce, in suits which might depend upon a contract
on
!elt both parties had disagreed, and the Bill gave the
PlatutifF an undue power in that respect. He, therefore,
eected to the two chutes to which he alluded.
• !Tr. HATCHELL (Solicitor-General for Ireland)
guested, as it was contemplated to extend the principle
lee Act to Ireland, that it would be a great hardship
~etteble a credit )1. t.) bring a debtor from Cork or Tip-
'rare' to a court within a few miles of Dublin.
• -r. MULLINGS was understood to support the
The ATTORNEY-GENERNL said it had been con-
tirra I that a great inconvenience resulted to the plain-
t" from the fact of the defendant running away.
thuder the
, present Act, an action might be brought in
("jute() where the defendant resided within six months
period, and also in the place where the cause of
action arose.
After a few words from Mr. AGLIONBY,
!!'"• P.. WOOD suggested that, as they were making
t•eutie
h ge.from.2o/ to 501. in the principle of the Bill,
tr,°,l3laintiff should be allowed to make his application
the court where the claim exceeded 20/.
tf,er a few words from Mr. J. EVANS,
to"e. CROWDER intimated his intention of taking the
Tle of the Committee upon his proposition.
met tie galleries were then cleared, but no division subse •
:boa
took place.
ea the re-admission of strangers it was understood
12',. the clauses were to be replaced by a new clause to
C-e,e'leought up on a future !daze of the Bill.
he ATTORNEY-GENERAL was addressing the
th-tain. ittee opposition to the sth clause. He contended
luat it would violate a principle which bad been found
ee)at satisfactory in its practical working in the County
that Act. He thought it was of great importance
en4t. barristers should be allowed to practice in those
;pens© •
The tendency of the clause would be to increase
terettee in those courts, and such a result ought, in his
IP% as much as possible to be avoided.
11.'"r. FITZROY supported the clause. It appeared to
pt. that as they were about to extend the jurisdiction '
°lli' "'thee courts, it was but reasonable that they should
4.10 allow of an extension of the fees of those who prac-
'tiled in them.
!1r• ROEBUCK defended the clause.
e'r G. GREY thought it would be better to have the
6e'-Wises of those courts fixed as they had hitherto been.
W. MILES and Mr. J. EVANS supported the clause.
Mr. COCKBURN proposed that they should amend
the,lease by expressly limiting the power of increasing
Tees to cases above 20/.
011,4 r• LAW said he did not wish to cast on the Lord
th aheellor the regulation of the fees; but he thought at
of counsel
Same time that it was desirable that the attendance
r* counsel in cases above 201. should be secured by the
payment of a higher fee than one guinea.
be."'„ ~r• COCKBURN suggested that the recital should
pe,;°°k out, and that the Lord Chancellor should have
er and be required to settle and regulate fees in all
eta, where the debt or demand shall exceed 201.
The recital was struck out.
willir• MITCHELL said this was the very principle
h the Government objected to in a former clause.
WJSir G. GREY said he considered the proposition mos
e'etionable and would vote against it.
The Committee then divided, when there appeared-
For the clause as amended *** 66
Against it... ... ... 162
Majority ---96

Vlanse 6 was struck out.
Mr.; CROWDER proposed, upon clause 7, to give to
"latiff an option in all cases between 20/. and 501. to
Igl°. into the district court, or the superior courts at West-
anster. By this clause, as it stood, a penalty was ilia-
ed upon plaintiffs recovering sums under 501., and
°ugh recovering his debt the plaintiff might be sub-
•
eted to all the costa of the action. He proposed, then.
that the clause be expunged; the consequence of which
i,ould be, that in all cases above 201. and as far as 5(11.,
the' Plaintiff might go either into the courts at Westmin-
h
ter or the inferior courts.
The ATTORNEY-GENERAL did not rise to ad-
.7ress himself to the question just raised by his Hon. and
.1-*arned Friend. He merely wished to observe that,
with respect to cases of tort, the Committee should look
narrowly as to whether it was advisable to facilitate liti-
gation in actions of tort for assault. He should vote
I‘gitinst the amendment of his Honourable and Learned
A:r. ROEBUCK wantei to knew, i 7 country courts
R'le fit to decide on cues of debt nmonsting to 50/.,

why they should not like wise decide on cases of tort to
a like amount?
Mr. FITZROY moved that in the blank which it was
proposed to fill up ith the %verde 20/., the words 101.
be inserted.
After a few words from Mr. Martin, Mr. R. Palmer,
and Mr. Hume, the amendment was negatived without a
division, and the words 20/ were inserted.
Mr. MARTIN proposed that the following words as
a proviso should be inserted:—`'Provided that nothing
herein contained shall extend to an action of covenant
for unliquidated damn7ei." He thought. that core should
be taken to prevent important actions of covenant coming
before an inferior tribunal.
In answer to Sir G. GREY,
Mr. MARTIN said that he intended the proviso to
extend to all cases comprehended in the clause itself.
The ATTORNEY-GENERAL wai of opinion that
the proposed proviso would create a difficulty as to the
obvious meaning of the clause.
G. S TRIUKLAND said that they were making
too great a jump from 201. to 501. He thought it much
bettor to give a concurrent jurisdiction between 20/. and
1 501. betw.en the county courts and the superior courts.
He would support the proposition for the striking out of
this clause.
After some further discussion the clause was agreed to.

On clause 8 being proposod,
Thn ATTORNEY-GENERAL moved that it be
struck out, as the clause would have the effect of abolish-
ing many of the courts that had given the greatest satis-

_
fAtion.
The clause was struck out accordingly.
Clause 9 as amended was then agreed too.
Clauses 10 and 11 as amended were also agreed to.
On clause 12 being proposed,
Tho ATTORNEY-GENERAL moved that this
clause be expunged.
Mr. COCK BURN admitted that the clause was unsa-
tisfactory, and concurred in the opinion that it should be
struck out; but he would certainly propose an amended
clause on bringing up the report.
The clause was them expunged.
Clause 13 was struck out.
The ATTORNEY-GENERAL then brought up
clauses to the following effect:-
1. Prohibiting deputy judge from practising within
the district for which he shall act as deputy.
"2. Requiring clerks and assistant clerks hereafter
appointed to reside in their districts.
"3. Authorising the Treasury to order payment of
judges, clerks, cr bailiffs, by salary instead of fees, in
iieu of the mode now adopted of so doing, by order in

Council.
" 4. yeating the power of appointment and dismissal
of servants and court keepers, &c., in the Treasury.
" 5. Repealing 9th and 10th Vic., c. 95, sec. 72, and
empowering the clerk of the court to procure far the
proper authorities a list of persons assessed to the poor
rate at 201., from whom jurors are to be selected.
" 6. Taking the power to use town-halls, &0., free of
expense. for the use of the court.
" 7. Enabling the parties or their attorneys to serve
process.
" 8. Giving powers to the clerks to enter payment by
consent, and to make order thereon accordingly."
Sir G. PECHELL said the clauses were too im-
portant to be adopted without discussion.
Mr. COCKBURN was of opinion that the clauses
should. Le postponed.
The AT FORNEY-GENERAL said ha should., not
bring thera-on until a.npther night.
Mr. HENLEY moved that the Chairman shciuld re-.
port pro,,crres. .„•, ,
Mr. CARDWELL thOught, as the Bill had been
gone through, it should not be stopped at that stage.
Mr. HENLEY said there were a great many clauses
to be brought up by several Members. It was, in fact,
a'most a new Bill. He should, thtrefore, persevere in
his motion.
Mr. FITZROY hoped the Hon. Gentleman would
act press his motion to a division, but all,w the Bill to
be printed.
Mr. FIUME' said unless the Bill was reported and
reprinted the House would not bo able to judge of the
alterations that had been made in it.
Lord DUNCAN hoped the Hon. Member would
allow the Bill to be reported and reprinted.
Mr. HENLEY had no objection to the reporting and
reprinting of the Bill, on condition tha t it should be re-
com ted.
Sir G. GREY thought the proposal would satisfy the
Hon. Gond 'man.
Mr. HENLEY wished to know whether the under-
standing was that the Bill should be recommitted?
The motion was withdrawn. The Bill was ordered to
be reported, and the House resumed.
Lord ASHLEY postponed the Factories Bill until
Wednesday. The next (this) day he would ask what
were the intentions of the Government on the subject.
The Larceny Summary Jurisdiction Bill was rurther
considered, and ordered to be read a third time on Thurs-
day next.
Mr. ANSTEY, pursuant to notice, moved that when
notice has been given of any amendment to the question
cf going into Committee of Supply or Ways and Means,
such amendment shall be called iu its order on the paper,
and no debate on the original question shall take place
until such amendment has been disposed of.
Mr. GREENE objected to the'motion as being calcu-
l.ted to interfere with the general convenience of the
House, and he hoped the Hun. Gentleman would with-
draw it.
Sir J. GRAHAM also objected to any further restric-
tions in bringing forward questions on going into Corn-
mitt{ e of Supply.
After a few words from Sir G. GREY,
The motion was withdrawn.
On the motion of Sir B. HALL, a return was ordered
of " the names of all persons who have been appointed
or nominated in reversion to any office in the Ecclesi-
astical Courts of England and Wales, stating the nature
of the office, the date of appointment or nomination in
reversion, the age of the person or persons at the time of
such appointment or nomination, and whether such per-
son or persons perform the duties of the office in person
or not, or was then in, or has since taken, holy orders;
and the name or title of the person making such appoint-
ment, together with the emoluments and income of the
office."
Mr. TRELAWNY, who had a motion on the paper,
"that in time of peace this country ought to appropriate
2,000.0001. a year towards the liquidation of the national
debt," said he would let it stand for every Tuesday and
Thursday till he had an opportunity of bringing it before
he House.
The other orders of the day having been disposed of,
,he House adjourned at a Quarter to One o'clock.

THE OUTGOING
ILS O
F FREIGN AND
COLONIAL OR MAY.
The following are the dates on which the foreign and
colonial mails will be made up at the General Post-
office, St Martin's-le-Grand, and when the return packets
will be duo at Southampton, Liverpool, and Falmouth,
during the present month :—For British North America
and the United States on the evening of the 3d instant
(this evening), by steam Tack( t, via Liverpool, Halifax,
and Boston, on the evening of the 10th instant, to New
York on the evening of the 17th instant, and on the
evening cf the 24th instant to New York. Next packets
due at Liverpool, on the 15tn instant from Boston, on the
23d from Ni w York, and on the 29th instant from Bos-
ton. Tne branch packet for Newtoundland will be dis-
patched from Halifax on the arrival at the latter port of
the homeward packet from Boston, and the branch packet
for Bermuda will be dispatched from Halifax on the ar-
rival at that port of the outward packet for Boston.
Newspapers for the United States must be prepaid, let-
ters optional. These packets will convey mails for Texas,
Oregon, and California. Letters and newspapers must be
prepaid. For Madeira, Brazil, and Buenos Ayres on the
evening of the 4th inst. (to-morrow), by her Majesty's
brig Paterel, via Falmouth. Next packets due—her Ma-
jes.) 's brig Penguin (over due), and her Majesty's brig
Express, on the 24th inst. For Vigo, Oporto, Lisbon,
Madeira, via Lisbon, Cadiz, and Gibraltar, on the morn
ings of the 7th, 17th, and 27th, by steam• packets, via
Southampton. Next packets due on the 6th, 16th. and
26th inst. For the Mediterranean, Egypt, and India,
on the evenings of the 7th and 24th iiist., by the fort-
nightly overland close] mails, via Marseilles, due in
London on the 3d (this day) and 23d inst. Gibraltar,
Malta, Greece, the lonian Islands. Egypt, Aden, Ceylon,
Mauritius, India, Hong-Kong, and China, on the morn-
ing of the 20th iust., by steam-packet from Southampton.
Next packet due at Southampton on the 28th inst. For
the British and foreign colonies in the West Indies (except
Honduras, Bermuda, Nassau, New Orleans, Mexico, and
Havannah), Madeira,Vonezuela, Jacmel,Grey town (San
Juan de Nicaragua), New Grenada. Chili, and Peru, by
steam-packet on the morning of the 17th inst., via South-
ampton. Next packets due on the 7th and 22d inst.
The mails of yesterday morning were conveyed by the
Thames steamer. For Sidney, New South Wales, Aus-
tralia, Van Diemeri'e Land, and New Zealand, by ship
letter-bags, as vessels may sail from London, Liverpool,
84e.; newspapers for these colonies must be prepaid one
penny eacb. France, &0., twice daily, mornings and
evenings (except Sundays), by steam-packets, via
Dover and Calais; due daily twice (except Sunday).
Belgium, &c., every evening (except Sunday), via Dover
and Ostend; due daily. Hamburgh. &c., Tuesday and
Friday evenings; due Tuesdays and Saturdays. Hol-
land, &c., Wednesday and Saturday mornings—dae
Mondays and Thursdays—by the General Steam Navi-
gation Company's packets via the Thames. Her Ma-
jetty's steam sloop Archer, with mails for Madeira, St.
Vincent (Cape de Verd Islands), Sierra Leone, and
Ascension, appointed to sail from Devonport on the Ist
inst.; having met with an accident to her machinery, has
been detained for repairs for some days; letters and
newspapers will be in time till Saturday evening.

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pical scene, the whole forms a picture at once grand, striking,
and undoubtedly full of natural poetry. One of the liveliest,
most entertaining, and readable books of the day. It cannot
fail to become popular." Weekly Dispatch.
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cep
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DREADFUL FIRE.—A destructive fire broke out
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