Star.
London, England, 1830-02-12 00:00:00

for Sussex did not represent any breach of manufaellsMO,
*ateasked where, on the committee, was there a eamiline.
rented the iron trade?
Ah. Secretary PEEL said that the explematioa of Ids rightlillb..l
friend made it necessary for him also to explain. His rightilfen.
fiitrßd said that in appointing Sir James Bcarlett and Mr. Atte-
cromby to the offices t now held, the government was adopting
Whig principles, and he ped they walla adopt Mt: Osurfing's
principles.
Mr. HUSKISSON again said that he thought the government,
in making these appointments, adopted Whig principles, but he did
not say they adopted Mr. Canning's principles.
Mr. C. GRANT said that he never meant to insinuate that his
right hon. friend (Mr. Peel) had given his vote for the extension of
the franchise to the neighbouring hundred from the motive of favour-
ing the Duke of Newcastle.
Mr. LVAILEY was understood to say, that if the house found it
impracticable to deal with this question this session they should drop
it, and issue a new writ for the borough.
Lord DARLINGTON wished to say, in reply to the Amiss ot
a right honourable gentleman to a nobleman who now voted with
government, though before opposed to them, that he shwa gays
vote, as he meant to do this night, for the motion of the
member for liettfordshire.
Lord HOWICIE begged to proem against the principle of pa-
.roaring any particular body of presets when bribery cad
wow common among all. He contended that a ialanials=
and low, ought to be punished, and not merely an Waif
It was a very notorious fact that undue influence woo used at
every election in the unked kingdom, no matter whedie by Nosey
is otherwise. His object on the present oceaels• eras to psi a
fact admitted in that House which had bees.olMed mem yam
ago by a noble Lord (the lab Marquis of Issoillondisim so IRO
understood), who ones I'M occupied the sans* suit as the right
honourable secretary foe the Home Deparunent rays That
noble lord stated at the time that the e- it Mho,
and corruption at electioos was a fact notorious se. seea.dy.
The hone having negatived his proposition, nothing now is.
mained for him but to vote for the motion of the honsomable mem.
her for Hertford ; hut- thee, b.. could not do, for he never
could be content with any measure of this descriplien which
went only to practice an imposition on din -__-
was a mockery to proceed to the ilielhanaltiosims at a
single rotten borough when a general inquiry was sdeeed.—
But it alight be supposed that, in opposing the bill of the honour-
able member for Hertfordshire, he was rather prepared to sanction
than to do away bribery and corruption. Quite the contrary. lie
opposed because it did not go to the root of the evil—because he
considered it altogether futile to disfranchise one small spot amidst
a general system of corruption. While bribery stalked through
the land he could not affect to feel any particular horror at finding it
prevail at Esst Retford.
An Hon. MEMBER, whose name we could not lean, said he
was inclined to vote for the proposition of the hon. member for
Hertfordshire, at the same titne he must observe that, from the evi-
dence which had come before him, he was one of those who thoight
that no ease was made out against the borough of East Retford.
The house then divided on the original motion_
Ayes
Noes
Majority in favour of the Bill —99
ILLUSORY APPOIXTMERTS.

On again re-entering the gallery, we found
The SOLICITOR.GENERAL moving for leave to bring in •
bill to alter and amend the laws respecting illusory appointments.
By the law of England, every moo was allowed a fair latitude in the
exercise of his right of peopersy, and in disposing of it he still did
not relinquish hiss dominion ever it daring his life time. This right
it was which first led to the introduction of what was called
"powers." He must here observe, that powers were of two kinds:
one was as eaclusive power, which authorised a party to give up
the whole of his property to one or more persons, to the reclusion
of all others. The second was an inclusive power, by which
the party gave the whole of his property to all persona ;tending in
the same relation, be they his children, or nephews or nieces. Thus
by the exclusive power a man pawning 100,0001. might giveaway
99,9994 to one individual, and leave only the remaining Al to be
portioned out between 20 other persons, the law authorising so un-
equal a distribution. In equity, however, it was thought that this could
not be the intention of the party in whom the exclusive power was
vested; and in every case where a very small and disproportionate sum
was given, it was called an Mummy or unfair appointment, and not
allowed to stand. The result was that a great deal of litigation
was caused by this discrepancy between law and equity, and the
object of the measurewhich he had now to propose was to remedy
I the evil. In hip opinion it would be much better that a court of
I equity should not interfere at all, but that the matter should be left'
as it stood at law. It was found highly inconvenient and injurious
that there should have been one rule for law and another for equity,
both at variance with each other; and what he desired was, that
questions of this nature should be left to the common law judges. In
fact, he desired to restore to law its jurisdiction, and that the equitable
should in all these cases be made the. same an the legal rule. He wan
convinced that a deal of vexatious litigation might thus beavoided.
Mr. O'CONNELL concurred entirely with the hommeableoed
learned gentleman in thinking that the law as regarded Cherneat
Equity ought to be revised and amended. Revisal and amended k•
moist certainly ought to be, not only in this, but in all othorgaints.
It could not be said that, in caws of the desaiptio. now bars* the
house, there was any rule of equity _no, but titer was a ejneadon
of equity. In every case of distribution the Court might see
whether there was a substantive distribution or not, and a
on the subject consequently MM. By the measure nowf.=l
forward a remedy would be provided for an enormous evil. It
was well known that two very eminent judges differed ma..
terially on this subject ; one being for the principle acted
upon at law, and the other supporting the principle acted upon in
equity. Nothing could possibly be more unsatisfactory than the
present system. In a court of common law any distribution was
good—in • court of equity it must be subject to an enquiry as to
whether It was a substantive distribution or not ? The chief baron
was a judge who presided both in common law and in equity, so that
he might be pronounced a judge with two wigs. One day he had
d only to put on his common law wig, and that sixpence was
• ipeodand substantive distribution ; the next day he might put on
hisegtdty wig and decide that it was not. (Laughter.) He (Mr.
1) had conversed on this subject with many persons
awl asked several intelligent individuals the meaning of the words
Illusory Appointments," but not one of them could tell Now he
!would put it to the house whether that system was a correct one of
the Logosge of which people were as ignorant as they were of
Anshisoraf Ahabeitian ? • The power of distribution made the father
ahleile. over his property, and hitherto that power had been
shako& by. Coons of Equity, in a men naLettevous manner.
He thought, however, that the absolute stystesu was a bad one, for a
father might thus set up his property to auction among his own
chilies, and see who would offer most for it during his lifetime.
Bee his own part, he would make it imperative on every father to
give to each of his children an equal share. This.was the French
law, and the system worked well. If adopted here, tisutilies would,
as in France, live in peace with each other, for unjust preference and
competition would thus he prevented. He thought, likewise, that
if It was good to amend thus far, it was good to amend much more,
and hetarnestly hoped that a great deal more would be done (hear).
The SOLICITOR-GENERAL could not agree in the suggem.
tion of the hon. and learoed member for Clare. proposing, as it dud,
to take from • father the power of apportioning his children. This
he knew to be- the principle acted upon in France, but, though
adopted there, it did not follow that it should he established in this
country. The great excellence of English law was, that, while
it enabled a father to make a provision foe his children, it gave
him, at the same time, the tight of dominion - over his pro-
perty. No such right as this • was given by the French law ;
but why, he would ask, should Englishmen divest themselves
of- dominion and controul over their poverty ? (Hear, hear, hear.)
What necessity wet 'there for •it ? Hut; to meet another. objecion•
of the honourable and leaved gentleman, he could only say, that
if a father made • bargain with his own children In the manner
stated, a court of equity would interpose, and declare such bargain
to be a fraud. By the hill which he had now the honour of sub-
mitting to the house, a father would be enabled to makkwhaseeer
distribution of his property he pleuied. He might give 5001. to
one child, or a fourth of that Wilt, if he thought proper. No. tale.
chief could possibly result front the measure, and it 'might, in his
opinion, be productive of a great deel of good. By sanctioning
this measure, the members of that house would show, that 'if all
could not be done which some porous .might expect, still than the
legislature was ready to apply amendments and remedies in. alit
eases where praWed grievances were found to exist; The
gentleman would now submit to the attention of die boo=
other bills which be had undertaken to revue, sad ha •
shortly to state their objects. Him wish • wee to goeltell
various inconveniences. which attached to the preoeneAttabe of lb*
law as regarded propery in certain ears* At gentsoot,• if ant
action were brought against an Infants Witold& pus's aterall
it lyre demurrer until he ay:Wed at ago. Thibreseaßnis a swims:
grievance upon creditors,. which be ropood,to go. rid" of.'hy
his repent mama* Anethikdilikulty now caisitio.,•enteeltiae-W.
an heir we. anenlans,cosutte Equity could use meth, eseasik raj
as 1,1151110 He-would erotbleeito.ollin ate aosoneitliehl
whisk oolostipipdraor what could 'begone abet khan that while
order *MM t oaonosr,.lt eould otApitrivelito,prooloser:a tido 'Vol
ammo (his was the objort °Soho-Oast Wit which 1611:Willi- ahosicso
pap to • anima die law relating to dm-mavens of debts, te
. of real estates. The rem bill was otto.witiohl hit lad. *to'
I at dot of the oolde.and keened lead who was. lady at
die heed of the Corot Af -Uhrresooyv. He propoard. to amid*
a roan to get a convoyance from a tremor- hi ems in width.
b 7. decker. aa Jr ae.promalt hOortaa oor-oontpatono to .make
conowyano*. 8r..: another. bi1t.1.100., woad * (t. 4.
Equity to give leases of an infant's estate where it appeared I