The Sun.
London, England, 1845-02-11 00:00:00

IMPERIAL• PARLIAMENT.
HOUSE OF LORDS, Feb. to.
The House sat to-day shortly before Four o'Clock.
Earl Sr. GERMANS took the oaths and his seat.
The House then adjourned during pleasure.
The Earl of SHAFTESBURY took his seat on the
Woolsack again shortly after Five o'Clock.
Earl POWIS presented two petitions from parishes
in the county of Montgomery in favour of the Ecclesias •
tical Courts Bill. The Noble Earl also presented a
petition from the Bath Church of England Lay
Society, praying for the repeal of the Bill joining the
sees of Bangor and St. Asaph. The Noble Earl
begged to state that it was the intention of this
Society, shortly after Easter, to bring the considera-
tion of this subject before the House.
The Earl of DALHOUSIE laid on the table
certain returns relative to the Customs.
RAILWAYS.
The Earl of DALHOUSIE gave notice that to-
morrow he would lay before their Lordships some
communications relative to the Railway Department
of the Beard of Trade. The papers would bear upon
the powers of the Board of Trade, and the course
pursued by them in obtaining railway accommodation
tbr the public in the south-eastern districts. For
some time past a general misapprehension prevailed
with resspect to the jurisdiction of this department of
thet beard in such matters, and• the course the Board
• of Trade- had' adopted to obtain this accommodation.
He -should at the -same time take the opportunity of
submitting to -theireLordships his views upon the ex-
tent of the jurisdiction, and the course of proceeding
adopted in coming- to a conclusion as to what was
or was not a sufficient amount of railway accommo-
dation.
THE ANSWER TO THE ADDRESS.
The LORD CHANCELLOR said he had to
crave their Lordships attention while he submitted to.
their Lordships' her Majesty's most gracious answer
to the Address of their 'Lordships on the Speech
from the Throne. Her Majesty, in the answer,
which Lis Lordship read, expressed herself as
being fully assured of the loyalty of the House.
The terms of the Address gave great satisfaction, and
she relied with confidence on their Lordships' support
in her Majesty's endeavours to promote the happiness
and contentment of her Majesty's subjects.
• On the motion of the Earl of SIIAFTESBURY,
the answer of her Majesty was ordered to be entered
on the journals of the House.
LAW OF BANKRUPTCY.
Lord BROUGHAM gave notice that to-morrow
he would present to their Lordships' a petition of some
importance on the subject of the proceedings which
took place before the Commissioners of the
Court of Bankruptcy in the City . of Lon-
don._ His Lordship also gave notice that
on an early day next week he should renew the Bill
which he brought before their Lordships last year,
relative to the Bankruptcy Law, and which would
contain certain clauses suggested by a Noble Friend
'and a Reverend Prelate, who was not then present,
for destroying the jurisdiction of the Bankruptcy
Court in certain matters.
RIGHT OP SEARCH.
Lord BROUGHAM wished to know if the Noble
Lord the Secretary for Foreign Affairs had any ob-
jection to lay on the table of the House the corre-
spondence which had taken place between her Ma-
jesty's Government and the French 'Ministry on the
subject of the Right of Search?
The Earl of ABERDEEN said he was prepared
to lay portions of it before their Lordships.
Lord BROUGHAM asked if it would be printed?
The Earl of ABERDEEN was understood to re-
ply in the affirmative.
POSTAL REGULATIO S.
The Earl of -ABERDEEN laid upon the table of
the House the convention between her Majesty and
the King of the Belgians relating to communication
by post between this country and Belgium.
• GOVERNMENT MEASURES.
The Marquis of NORMAN-BY said he held in his
hand certain returns granted to a motion made at the
conclusion of last session, relating to the period at
which different Bills bad come up from the other
House. He found that three-fourths of the Bills in
the last session came up in the month ofJuly. He be-
lieved' he was correct in stating that nearly se-
verity of them did so. It was impossible to judge
of the intentions of her Majesty's Govern-
merit from • the - measures alluded to in
the speech from the Throne. - It did not appear to
bins that any of these Bills: were likely to be originated
in that House; and as the Easter recess would hap.
pen vet.; early, he did not apprehend that there could
be any immediate attempt on the part of the Noble
Duke and his colleagues to remedy the evil of
which he complained. Ile was sure, however,
that the Noble Duke would exert his powerful in-
'fluence with his colleagues in the other House to
secure that as many Bills as possible should be
brought into that House soon after Easter, instead of
all being postponed, as was the case last session, until
the last month of its continuance.
Tile Duke of WELLINGTON sail he did nut
understand the Nob!e Marquis to put any question—
his suggestion should certainly he' attended to.
The .Marquis of NORMANBY said he would
ask the Nuh!e Duke whether any of the measures
- in co Itnni)!ation woad originate in that House, and
whether they were likely to have any important mea-
sates submitted to them before the Easter rcces
The Duke of WELLLNGTON requested the
• Marluis of Normanby to let his questi m stand as a
notice fur to morrow.
BAH. -IN ERROR.
Lord CAMPBELL said, in connexion with the
question put by the Noble and Learned Marquis, he
begged to draw the attention of his Noble and Learned
Friend the Lord Chancellor to fac Bill with
respect to bail in error in criminal cases. He
hoped there would be no delay in bringing
forward that measure, and having been brought in
under the auspices of his Noble and Learned Friend,
it would be sent down to the other House as soon as
possible. Another point to which he begged leave
to draw his Noble and Learned Friend's atten-
tion arose out of a criminal proceeding to which
he was sorry to refer, because he was most
anxious not to revive any pa',c discus4ons
with regard to it, or to say anything which
eould it the el ;:latest clgre!_l
lie Noble and L:J;m7,l Friend. lie r.-;ecred to thy.
• moda of fi:ociling reference to a jury whkb
had haeu imp; opsriy iaALrned. Hs 90)uld V assume
that the opinion of the learned judges, whom their
Lordships had consulted on that subject, Peas per-
fectly correct ; he would also assume that his
Noble and Learned Friend took a Correct view
of the matter when he concurred in that opinion.
Then, supposing it was so, how was the law %vitt
regard to a jury improperly returned? In that case,
as the law now stood, the accused party was without
reinedy, because the challenge to the arm- was
token away, according to the recent decision
of• the judges. Before the law was recently
altered, and when the sheriff was entrusted
with the duty of returning the jury, a challenge
to the array would lie if the jury was improperly
• returned by the sheriff. He did not find fault with
' the law which altered the mode by which the jury
was returned. On the contrary, he thought it was an
excellent law. According to the recent decision of
the judges, the challenge to the array was gone; and,
though lie bowed to the decision of the learned judges,
. he shciuld have humbly thought that some other mode
of redress would be pointed out, if that were the case.
However, assuming the decision of' the learned
judges to he right, he thought that the Noble and
' Learned Lord would acknowledge that the law ought
not to be left as it was at present; and if •it was not
the intention 'of her Majesty's Government to bring
in a Bill (in whose hands he would much prefer to
' leave the subject) to remedy this defect in the law,
he would feel it his duty to bring in a Bill for that
purpose. He, therefore, wished to know whether her
. 3,laleety's Government had any such intention ?
The LORD CHANCELLOR said that two ques-
tions were proposed to him. The first was whether,
in pursuance of engagements into which he entered
the other night, it was his intention to bring in a Bill
with regard to the subject of bail in error. He
begged leave to state that he had directed his attention
to the subject, and that it was his intention within a
few days to bring in a Bill on the matter, founded
is no inconsiderable degree on the Bill of his Noble
and Learned Friend. He thouifht his Noble and
Learned Friend was under a misapprehension with
regard to the other subject. He (the Lord Chancel-
hoe) did
not understand the learned judges to have
given
"
opinion as to the effect stated by the
°l3,
'and' Learned Lord. Certainly, as far as he
(the Lord Chancellor) was concerned, he never in-
tended to express
think the learned ‘l'ch an opinion, and he did not
to the effect that the judges
elie had given any opinion
.nge to the array was taken
away in consequence of anyA alteration made in the
jury-jaw by, a recent the Legislature.
decided was, thatet -
of
challenge to the
All they,
particular case
array did not lie in
Learned Lord.
thata
referred to by the Noble and
alluded to either
rde iti
he ae defect
n e
The challenge to the array
of the returning officer, or an unindiff
learned judges stated iat on this recoer
as
no imputation of partiality—that there was enrethw*
in the record showing unindifference. Thereforeo it?
challenge to the array could not be allowed. Thee
particular defect in this instance arose from a defect
in the bank. Tile:book was defective, but the sheriff
was bound to select from it. The sheriff had no-
t ing to do with the formation of the book, though
he was obliged to take the names from it. He
apprehended that the learned judges gave no opinion
as to the effect which his Noble Friend had stated. He
admitted that this evil required a remedy. The
defect of the book might arise from design or from
• accident. The jury might be improperly impannelled.
He did not deny that these things required a remedy;
he had directed his attention to the subject, and if' he
- ftwd it possible to provide a remedy for that defect