Star.
London, England, 1830-03-23 00:00:00

EAST INDIA TOAD=.

The Earl of HA RDWICHE presented a petition from the
borough of Wigan, Lancashire, against the renewal of the East
India Company's Charter.
A similar petition was presented from Lanark, by a Peer whose
title we could not ascertain.

The Egrl of RUSSIAN also presented a petition, having a
• 'ltar pray. r, from the weavers of Glasgow.—Referred to the
Svlec•. Colloid. tee.

60T DEMON, with other members, brought up from the
House of COMIUODS a private (road) BilL—Read a first time.
Mr. Robertson presented at the bar the Annual Report of the
Commissioner,. of the Holyhead and Shrewsbury Roads.
The private Bills on the table were advanced one stage.
061/ERAI. DISTRESS._

Earl STANHOPE said, in the absence of his noble friend the
Lord Lieutenant for the county of Nottingham (the Duke of New.
castle), who, he was sorry to say, was prevented by indisposition
from presenting the petition which he (Earl Stanhope) now -held in
his hand, it became his duty to state to their lordships that it was a
petition, must respectably end numerously signed, from the owners
and occupiers of land in Nottinghamshire, who complained of the
overwhelming dint:ea/4 with which they were now visited, and prayed
relief. The noble earl presented another petition, with a similar
complaint and prayer. from the president, vice.president, and meta.
bers of the Holderness agricultural society.

IMPUOVLMENT or THE LAW.

The Older of the Dsy having been read far the LORD CHAR.
CELLOS to propose a measure respecting the Court of Chancery,
and to submit explanations as to the bills now in progress relative
to the administration of the law,
The LORD CHANCELLOR rose and said—My Lords, when
gave notice, on a former day, of the second reading of the bills
which on Friday last passed that stage in this house, I then took OC.
casuist to say that I should have the honour of bringing in a bill to.
day with respect to the proceedings in the Court of Chancery, and
that I should take an opportunity of stating what were the general
ovum and description of those measures now in progress, sons of
which are actually matured. With respect to the improvement of
the law generally, I feel it my duty to call yout lordship' attention
to those measures connected with that important subject mentioned
in his majesty's speech at the opening of the present parliament:—
"
His Majesty," your lordships are told, 4‘ ban directed that mea.
sures shall be submitted for your deliberation, of which some are cal.
calmed, in the opinion of his majesty, to facilitate and expedite the
course of justice in different parts of the United Kingdom ; and
others appear w be accessary preliminaries to a revision of the
practice and proceedings of the sot►ertor Courts." I tilt it
my duty to state generally the nature of thole measures which his
majesty's government have determined to submit to parliament in
reference to that subject ; which measures will be particilarly
submitted to your lordships' could:ration. As these u►ta►sures are
matters of the utmost importance, as they will be successively pro.
posed, it becomes necessary that I should poem out the full scope
and object of them, in order that the particular measures may Or
distinctly comprehended by your lordships. I am sensible that it
will be use...vary for me to draw upon your lordships' patience a
good deal, in the details with which I shall be compelled to trouble
you. These details, I am hilly persuaded, will be of themselves
dry.and uninteresting, if divested of the notion that they are of
great importance, but I mu sure your lordships will mod der them
of WADI itul►ortance, inasmuch as they relate tR the lives and pre.,
petty of all his majnity's subjects. My lords, in considering she
importance, then, of those details, I am sure you win listen to me
with ausucien.--(hear.) lo the am Ihsteeee, I feel it my duty le

all your lordships' attention to what has been done with respect to
the improvement of the criminal law. Much, on this head, I am
satisfied your lordships will consider hits tarn. done by my right hon.
friend, the Secretary of State for the home department. To him
must he ascribed thole improvements a bleb have taken t ; and
from the situation which he held, he had various opportunities of
seeing the evils connected with the criminal laws, as they then
stood upon the statute-book. The right hon. gentleman, from
his situation. as I have said, had frequent opportunities of wit-
nessing the defects in the criminal law. He abrogated many of
those obsolete forms, among which was one—the benefit of clergy.
Having.brushed away that law rubbish, if I may be allowed to use
such an expression. we an now in a condition to look distinctly at
the subject. My right hon. friend consolidated the laws with res.
pat to larceny, also all that part of the criminal code which has re-
ference to offences against the person and against property. He has
now ready to be submitted to the other house of parliament a con-
solidatiou of all the laws with respect to forgery. When I state to
your lordships that he has repealed no less than 400 statutes, and
Olen I state that he has taken away the punishment of death from.
I believe, warty 300 distinct offences, I think your lordshias will
agree with me theft my right hon. friend is entitled, for his tier.
Sons, to the thanks and gratitude of his country. In what he has
accomplished, there is an advantage which must be apparent to
every one; for now, instead of looking through all the statutes con-
nected with the offences to which I hive made allusion, they ate all
contained in rive or six distinct acts. This consolidation of the laws,
this arrangement, enables any individual to see, almost at a glance,
the whole of the criminal laws, as far as enactments are concerned.
By this arrangement errors are more readily detected, and an oppor-
tunity afforded of carrying on still further impnweinetts of the sta-
tute-book. I pass, my lords, from this subject, because, as I have
already intiirrated, I intend to give a general outline of the improve-
ments, and can only touch on each point Your lordships are aware
that about two years ago a commission was appointed by his Ma-
jesty to inquire into the general state of the law of the country, as
administered by the superior Courts of Justice. The cemmissiontre
have made two reports, which have been laid upon your lordship's
table. One bill has already been proposed, and another is in pro-
gress, to give effect to those regulations. I will now proceed to state
to your lordships what is in further contemplation, and what the
probable result of their proceedings. Your lordship* are aware that
the superior Courts of Westminster Hall, into which the inquiries
of the commissioners were directed, are the Court of King's Bench,
the Court of Common Pleas, and the Court of Exchequer. Thee
courts, in their original formation, were differently constituted ;
their attention was directed to different objects. The principal ob-
ject of the Court of King's Bench was the criminal Jurisdiction.
The Common Pleas had • civil one ; end the Court of Exchequer
dealt with the revenue of the crown. In the course of time, the
King's Bench court, by a fiction, assumed a civil jurisdiction. The
King's Bench had. by this fiction, a civil jurisdiction over the per-
sons who were in the custody of its officers ; and it assumed a
similar jurisdiction to that which the Common Pleas possessed.
The Court of Exchequer in civil cases, when a debtor of the crown
WAS concerned, had a jurisdiction, because it had right to look
after the revenues of the crown. But. now, by a fiction, a
party was assumed to be a debtor to the crown, although in
reality no debtor, and then he was pencilled against. Now your
lordships will understand that, in consequence of the original
jurisdiction, a different mode of practice was founded in each of the
three Courts which I have named. With respect to the jurisdiction
and practice of the King's Bench court, there are two volumes
in octavo, very closely printed, containing many peon. These two
volumes are necessary for explaining the rutin tir *s court and
its proceedings. With respect to the Court of Corns= Plea% them
is nearly as much :published on the same subject. There Is us
work relating to the practise of the Court of Exchequer. If these
were seas it would be still more voluminous, and still more costs
plicated. The real object that the commissioners directed their at.
tention to was, to see whether the practice of the three courts could
be assimilated, and to shorten the whole of the proceedings, for the
purpose of diminishing the expenses. My kids, I am sure your
lordships will agree with me that the character and intelligence
which these learned gentlemen forming this commission pones' well
qualified them for their task, and that it is highly commendable the
course these gentlemen have recommended towards stripping the
law of those unnecessary technicalities with which it is encumbered.
This is the first object to which the commissioners directed their
attention, and a bill has been framed to carry into effect that
object. The bill is now on your lordships' table. The snood
report of the commissioners relates to a subject of very great
importance ; I allude, my lords, to the science of special
pleading. I have heard it said, or reported to have been
said, that all special pleading is lumber and jargon, calcu-
lated only to increase the expenses of • case, and prevent
the facts from being perceived. The Commissioners entertain a
different opinion; and, my Lords. so do I. They have pursued a
wiser and a better course than those who seek to have special plead.
ing abolished. Special pleading puts the fact between the parties at
issue. It is of infinite importance to the interest of the suitor that he
should know what is the fact at issue If he do not, how can he
know what witnesses he shall require ? lie will be put to ad-
ditional expense in calling witnesses whom it may ant be proper to
have, unless be be acquainted with the fact. I say, my Lords, if the
facts are not put on record, expenses will be considerably ncreased.
Would there not be repeatedly applicationefor new trials ? Such an
omission would undoubtedly multiply relning greatly ;therefore it is
that I say, my Lords, the Commissioners have done wisely in
the counte that they have recommended. What is special pleading,
my Lords ? It is no more liep this—the plaintiff' states his case,
- which the defendant answers ; :The replica las the defendant,
and the question is then at issue. Tile praihtiff is confined by the
original declaration, from which he cannot depart without parti-
cular reason The fact then at issue is brought into Court. What,
my Lords, we have done is this, for, like every thing else in this
world. abuses will arise, and from the impntation of which special
pleadini; is not entirely freed. The object we have in view is to
strip this science of some it its abuses, to bring it to an exact
form, getting rid of the incumbrances which now attach to it, sod
reserve only those forms and proceedings which are essential to it
as a science. The second report, my Lord*, as 1 before intl.
mated, is directed to this &jeer. I trust, my Lotds,when you come
to see a bill relating to the subject, you will think that the
Commissioner* have done essential service to the country. They
have cot fined their inquiries to the Courts of Common Law,
to assimilate their proceedings, and shorten the process, with a view
of diminishing the expense (without reference to courts of equity);
and I am quite sure that, when their future labours are nen, they
will be found highly beneficial. The commissioners are proceeding
in their inquiries, and will pursue them in the same spirit until
they have eunipleted their task. But this is not all; there is ano-
ther important subject to which they have successtully directed
their attention. I am persuaded your lordships ate of opinion that
the inquiry into the actual state of our superior courts is one desert,.
Mg considerable attention. In the Court of King's Bela& there has
been a large accumulation of business. The Court of Common
Pleas has had a considerable portion, but the Court of Exchequer
hes had Luis to do. I find. from a return laid before Parliament, that
within the last five yeses there have been tried in the Court of Kind's
Bench 11,000 cases; in lb.. Common Pleas 3,300 ; and in the Court of
Exchequer, between subject and subject (for I do not speak of cases
tried there in which the adonis a party,) there have only been 300.
Fur the purpos- us alluding relief to the King's Bench, the noble
and learned lord added, that when he was Attorney.tienera/, he in-
tneluced a bill fur enabling the judges to sit out of term. When
that bili was introduced it was called a temporary measure. but ex-
perience had proved that it must be permanent. The practical in.
convenience of this was, that questions sent to the King's Bench
were decided by two ur three judges, and the suitors had not the
benefit of the bard chief Justice, who usually Oaf trying nuns st
Nisi Fritts. Is was also injurious, ism-much as it had a seadesey
to impede the examine of counsel. The suggestion of the tomeils.
sinners on this subject was this f—they thought the common Pier
did as much business as aught to be minutia He bed long beam
of opium's that neither 'Judas our counsel ought to have ell their
time taken up by their profeleion. They ought to have as eppoe.
amity of keeuing up their knowledge. The Court of Eiclonyow
cottaisted of four barons. There was smother aunt of equity in
which the Lard High 'treasurer ought to preside. That oHnv
however, bad not atiesdeal, and the bassos were °liked to ahead,
curiae qusatly less had been date in the Court of Escheqeer. sea
court of law. '1 he commistiou recommended that the Genet of
Common haw in the hgtehtstoor. be esei rely sepoested has the
Coen of Evil. Hs was Mr* such all aka sesessplidird
would relieve me King's-beech seed Denims Mae delve the
pressurr:or cabmen law proceedinp. It had bees also men.
mended that anotiste assonant judge should be at OMNI.
pm= Welds jade:alum had eltee escupied the attention et
; and the metal opinion was that the *hams of

Wales sh.tt:l' be pit on a footing with English judicature. It
was recommet.ded that t of toe judges in Westminster-hall
should attend the Sellliflll of Weirs. 'f here was another sot jest of
Imroriance he alluded .o jury trial- in tlard. A commission
had been arpoinred To inquire whether the syst-in or trial by
jury could he applied in Sentiamt Hitherto the Jury Court in
Scotland had stood isolated, best it had been found to work well.
and a bill would be intnsinoed to annex trial by jury to the juris-
prudence of that country. There was another measure of importance.
t commission had been appointed to inquire into the laws relatin4
to real property. They had not made their report, bet he had no
doubt the rearommerdation of that commiosion would he highly
neticial to the country. Inquiry had beat node Into the state of the
ecclesiastical courts. He could not anticipate the report of that
learned commitaion, but it had been eppointed to per the law re-
gulaing those tuns on the best possible foisting. l'he Noble at d
!awned lord then adverted to the Crain of Chancery. The %hole
slim of money then in the Court of Chancery amounted to no less
than £401000,000 sterling. The House would, therefore. see that
they had to legislate upon an itt:portnnt branch of .he law at.
ministration. The Noble and laarr.rd Lord :oh:crud to :he re-
ports of commissioners, and he could say. notwithstandmg s.l
that had been said shout delay+ in Chancery, that the progr• as
of a cause in Chancery had been as rapid is Co Use% is (MA
of Law and Equity. From the time of lord Hale con".
plaints had been made against Chancery. Within the last fa y
year. the business had beets its arrest ; but for the last three
years Ito causes had been gaining on them. Caottaltins might
weer to throw causes hack. It so happened wires the \'s a
of the Roll., trim T. Pion cr. prasitied ; and the lAMB easuslti.s
might occur agttn. The reirtedy lie ptopo.ed last year was tit. ad.
(futon of an ALA. Judge. lie sh,tuid, however, propo•e, t it at
would be competent in his .Majesty to remove thot oflizet. if the
arrears of causes should he worktil olf. The Judge might hr traits.
fared to another branch of service. Notwithstanding the ithsaircs
recominc.dad for shortening the business of Chancery, the business
had bean nearly as great last year as during preceding years. A
great part of this business in the Court of Chancery arise out cif
hearing niosioiss instead of ans‘-a. That could not he 3r4).ttetl.
The accumulation of causes lIKt +Weed mutiots, aid :he anise:eat
increased. The hearing motions multiplied th Wheat
sitting as Chancellor to hear appeals. lac was tol there was
an itnportaat motion or such a direction out of a motion. The
consequence was, that not more than forty days had been
occupied by the Chancellor in hearing appeals. In that
Monte only ninety appeals stood fur hearing--of that nunit.er
thirty had been heard. With the assiotance or the noble lord, 14tely
appointed, the whole would be, probably. disposd of this sertua.
Much had been said that the privy council required the atte'sda: re
of the lord Chancellor ; but he was glad to say there was no op-
' peals in arrest in the privy council. With respect to the Master's
Office. the learned persons in that office had been charged with de-
lays ; but he was able to assert that the charge was unfounded
Four thousand reports had been made by that learned body in each
year, for several yeasts back. They had been charged with takiog
improper remuneration. They were paid by taking tees for copies
made by their clerks The commission hail recommended an altera-
tion in that mode of remuneration, and he should propose that the
fees be fixed in a tot which would furnish each master with a re-
muneration of about 3,0001. per annum. In that way they might
accomplish the object the commiooion had in view. They had tin
power to provide a better mode of retnuisetation. When he maid an
additional Judge should be appointed, he did not mean to say the
arrangement would fix any additional expense on the country. There
wax a fund in the Court of Chancery, which he compared to
unclaimed dividends. It had been frequently applied to
various purposes. At present there was a amigo' of £30,0110 per
annum, and out or that surplus he proposed to pay the additional
judge. When a cause went in to the !!aster's Office, he pro-
posed that a constant account should be kept of all cases in
which no report had been made. On the subject of proceedings
in lunacy cases, he admitted that great expense had been incur-
red in the cases of Lord Portsmouth, Mr. Davis and a gen-
tleman named Holmes. A bill had been brought into the other
House, to enable juries at Nisi Prime to try cases of lunacy.
He had satisfied the gentleman who had conducted that Bill
that it was unnecessary. The Lord Chancellor had the power to
direct such questions to be tried by judges at common law. The
expense of such causes arose from the number of witnesses called,
and he proposed to give a judge at Nisi Prius power to point out
the number and quality of witnesses to be examined. With re-
spect to bankruptcy business the noble and learned lord proposed
some regulations, among others he should propose to make country
commissions embrace about the same number of commissionets as
London commissions. Having stated all his views upon these im-
portant questions, the noble and learned lord concluded by moving
the second reading of the bill for further facilitating the adminis-
tration of justice in the superior courts of law.
The bill was accordingly read the second time.
The houae then adjourned.
HOUSE OF COMMONS—Mos DA V.
-

At four &clock Lad Killeen took the oaths and his sear, as
member foe the county of Meath in Ireland.
A person from the Admiralty presented papers, by ceder of the
house, relating to the pursers of the royal navy.
Mr. Alderman WOOD presented a petition from the Watermen
plying at the Horeeferry.road, Westminster, taking notice of a bill,
now before the house, for building a bridge across the Thames,
from Lambeth to the Horseferry-road, and praying to be heard by
counsel against the bill.—Prayer agreed to.
Mr. STANLEY presented a petition from Paisley, praying for
the opening of the bade to Cigna —To lie on the table.
Mr. BEAUMONT presented a similar petition from Barnett'
Castle.—Also to lie on the table.

Mr. HUM E moved for a return of the fees allowed to the provi.
sional assignee., brokers, and other officers of the court for the dig..
Icharge of Insolvent Debtors, from the' year 1814 to 11129 am,
Agreed to.
Mr. HUME also moved for a copy of the treasury minute
specting the retired allowances of the officers engaged in the late
lottery establishment. He understood there were five individuals
receiving an income gf 14231. for life—the messenger even had 211/.
a.year—Agree d AD.
The same Hon. Maxima moved for a return of the number of
ships that passed the Sound in the years 1827, 18: a, and 1829.
distinguishingrg them according to the nations to which they be.
.—Agreed to.
he same Hon. Mamoru said, that looking upon it as a matter
of certainty that the corn laws would be revised in the course of the
present session (a murmur), if nobody else brought it toward, tie
should himself make a motion on the subject. With a view to put
the house in possession of the information necessary for coming to
the discussion advantageously, he should move the a return of the
amount of foreign whew, barley, oats, rye, meal, and flour imported
under the 9th of George IV. ruins the 28th February, 1819, to 211.11
February. 1830.—Agreed to.
Mr. HUME also moved for various returns, being continuations
of former returns, respecting the number of officer* of the army of
the United Kingdom appointed by purchase, front 25th Jan. 1821
to 25 h Jan. 1830; the numbers appointed to the Military College
during the same period ; also the number on full or half-pay, di
tinguishing those who within the period mentioned were appointed
from the half-pay list horn those not so.
Mr. HUAIE presented a petition from Mr. Scott, of
against the renewal of the East India Company's charter.

a .EL

Sir T. GOOCH presented a petition from the Hundred of Gus.
port, against the llalt Tax.
Mr. C. BARCI.AY said that what he had said on the pre iota
night, relative to the removal of the Beer Tax, applied only to
the Loudon Brewers. The publicans, it appeared, Wlft of epb.itea
that they would be injured by the Beer Trade beiag throes open.
Mr. BENETT and llr. C. CALVERT said a few words on .he

same subject.
The CHANCELLOR of the EXCHEQUER said that be felt
that it was impossible for him to have proposed the one inessure
without the other. because retoovirg the beer tax without *pentad
the beer trade would only be benetittiog the publican. without 44'4
any goad to the public.— (Cheers.)
Lord ALTHORP hoped that the right honourable gentleman
would sot alter his intention (hew, hear); because if he dui, it
would be much better to let the hews Lai stand. and take tiff the
malt tax.

Sir (lOOCH presented a petition from some pariah in Suffolk,
complaining of distress.
Lord STANLEY pmsented a petition from Charley, against :he
renewal of the East India Company's chancy.