Star.
London, England, 1830-12-03 00:00:00

SPIRIT' OP TUE JOURNALS.

Timm—Last night, in theme Ise of of Peers, Lord Chancellor
Brougham redeemed one of the important pledges which he had given
to the country to introduce and support reform. The measure which
was the subject of his last night's bill was Legal—ecaretly less impor-
tent than Parliamentary—Reform, though surrounded with fewer die-
cultic*. and exposed to less formidable opposition. Never was an
evil more clearly pointed out, and never was the practicability of a
remedy more forcibly demonstrated, both from past experience, and
from the existing institutions ins part of the United Kingdom. It
scarcely required the minute statements and extensive knowledge of the
noble and learned lord, to show the vexation, expense, and delay of the
present system, in obliging suitors to bring their agents and witnesses,
often from great distances, to the county town, to maintain them these
during the assists, and to wait for a redress of wrongs from one six
months to another. The remedy which he proposes has the adrz
of atie,
experience In its favour, though the details of his bill may d
and no doubt, will experience, the meet rigid, though we hope not un.
friendly examination.
enacts icr.r.—The Load Chancellor Isteeduced hat night his Local
Courts' Bill, a measure by which, if he eseasd, he win be the author
of ten times more good to the pleads sf Ragland, din they have re-
ceived from any public man since was a kiagplan. if England
had possessed Local Courts a huttd years age, let assnge of the,
counwi—the unpaid magistratss—dre Mee Won. isortsudem that
ever disgraced a country calling itself dvilimik the lower seises would
not now be in the prostrate condition is whisk they Isfirensesly act.
We have no hesitation in saying, that is as far es thus".
hep-
piness of the lower orders are auwainall. tMnelleme. um=
• Scotland are of ten times sae value the. all the boned
imentutious of &gland, the imilasee ef which PMee over the
beads of the poen Why is it that no Basch pawing le esmesseed,
std the >htglfi6 paint, win higher wages, dismantled P The en
word tad seism no dillulty. There is an a ass, however
low is Is lindemil, wits dose sot know that he ems, at all Mass.
fora ern within hie ammo 'been iewntW *dee. These h a he-
time-shop la his wheel be cos st all these ester sad
desiend justice. astiellingl=t Is ea understood matter, thee so Ms.
gistreee will do milting emphoseut to esetber Magistrate t sad a peer
mem may run free le Maginot' whitest ling esumsofel
Is overemming the en soy. OW Magistrate hesitates to set ;

another Magistrate makes it a rule never to interfere in a ease which
would be unpleasant in its consequences to a brother Magistrate; a third
lies under obligations on account of some poaching affair ; at length the
poor man, disheartened, gives up the business for which he required the
' aid of justice. But in esistland the Court of the Sheriff is a Court of
Record ; tile proceedings are not arbitrary; the decision cannot be
withheld ; and, in care of misdecision, en easy appeal lies to a supreme
judge. The litigant owes respect, but nothing more, to the judge ; his
aid is no favour, but a discharge of duty. If the lord lieutenant of a
county injure the meanest labourer, the same proceeding must be ob.
served towards him, ay if he were an equal. The difference between
right and jarour is inanense. Hence justices of peace in Scotland have
never been able to obtain more than the power to which they ought to
have been cot.ferred in England, that of preserving peace and aiding
justice in emergencies. The monstrous idea of giving to the land.
holders of a county all sorts of discretionary power over the mass of the
people, and to make them substitutes for local tribunals, was reserved
for England. And England is, we believe, the only country (Ire.
land excepted) in which feelings of rancourous hostility are enter-
tained towards the rich by the whole body of the rural population.
The Lord Chancellor will, as we have said, confer • great blessing on
the country, by obtaining local courts for the people. The details of
his measure will be matter for subsequent consideration. It cannot,
however, be expected that so extensive a► innovation, affecting so n-.any
interests, and striking at so many prejudices, shall pass without sue-
' nunus opposition. In the subsequent stages, all possible objection will
be started to it. The eve of selhsh monopoly is keen. Let us hope,
however, that justice will be triumphant. The principle is of vast im-
portance. Let that principle only prevail, and we have no fear of the
rest. Subsequent improvements will not be wanting, and thus, at last,
England will cease to be the only civilised country in whieh justice is
withheld from all but the rich. Monstrons folly to suppose that order
can repose on any other foundation than general coofidence in the pro.
tection of law

TINEL—An evening paTZ7r7rrts on what it calls "good authe
rity," that the Lonl Chancellor has written to the Archbishops and
Bishops, that he means to resign all the church patronage into their
hands. Now we certainly have no authority whatever but that of com-
mon sense for contradicting the report. Why Lord Brougham, $
Christian, and a member of the Church of England, should dispo.‘ess
himself of the patronage appertaining to his station in that ecclesiastical
establishment to which he belongs, we cannot conceive. His Lordship
will do much better to dispose of the livings according to the suggest.
riots of his own excellent ur.derstanding : the poorer, to men of
piety and virtue in the clerical profession,—the richer, of wire% we
believe there are not many, to persons who, to their piety and virtue,
add learning and knowledge.

POST.—We have more thaTiOnc—"ralTour duty pointedly to observe
upon the dangers likely to arise to the Established Church from the pre.
sent Lord Chancellor, who has so repeatedly declared himself against
all her institutions, having in his gift so great a portion of the livings
throughout the country. We are happy to find that our observation.
have not been disown away upon the noble and learned lord ; for his
lordship, it is positively stated, has resolved to leave all the livings
heretofore in the gift of the Lord Chancellor, at the disposal of the se•
veral Bishops in whose dioceses they may be situated. This will of
eourse afford general satisfaction to the true members of the Established
Church ; but will not the less punctilious and conscientious (who have
mainly supported him throughout his career) feel sore disappointment
at being thus deserted, from whatever motive, by their former patron
and most strenuous advocate ?

CiraotricLE.—The new Lord Wance or has intimated to the Arch.
bishop of Canterbury bis intention to be directed by the recommen-
dations of the Bishops, hi the distribution of all preferments falling
under his gift in their respective dioceses under two hundred pounds
per annum. This relinquishment of patronage on the part of Lord
Brougham bears, no doubt, an air of great magnanimity and disinter.
estedneas ; out ft is a measure which we shall be very slow to applaud,
however disposed we may be to construe favourably the merits of the
'eminent person from whom it emanates. What, we demand, have the
Bishop. done to entitle then: at Lord Brougham's hands to this boon ?
Does he indulge the fond hope that any largess in his power to be-
stow could conciliate for him the me•nbers of that Church, shom the
whole previous tenor of his political conduct has alienated and
revolted ? Will the Bishops ever forgive the intrepid representative of
the people who exposed the shameful misappropriations, for most part
made with their right reverend connivance or acquiescence, of the various
funds destined throughout the country to education and other charitable
uses; or is ft on the individuals so deeply implicated as a body In those
fraudful psculations, that be would confer further facilities of abuse;
and are not the motives by which the Bishops are notoriously governed
in the distribution of their own preferments, such as make every honest
man regret they should possess so much rather than desire to give
them more ? Mae are not the times to augment the direct in-
fluence of the Church. Every man's voice is raised against its inordinate
wealth and power • yet here we have the Mall of the People employing
his newly acquired authority for their extension. Happily a consider.
able portion of the patronage of the Church is in Lay hands. Why
should the Chancellor be the first Layman to make a cession of his to
the Bishops ? If such a cession be meritorious in him, why not alike
meritorious in the case of every owner of an Advowson ? Far better
would it have been for Lord Brougham to search out, at whatever pains,
the neglected Curates, martyrs to liberal sentiment, or independent
character, whom successive Bishops have passed over in every diocese
for the purpose of preferring toad-eaters and tuft bunters, and the grace.
less minions of Aristxtracy.
Cliactwict.t.—We observed ys— that as Prussia had most
at stake, in the event of war, she would be more cautious of coon.
mitting herself than Austria or Russia, and that war without Prussia
was out of the question. The ifesaaper des Chavebres contains a
communication from Berlin, to which we are disposed to attach
some credit, that the change of ministry here has produced a change
in the views of the Prussian cabinet. "If this event, namely, the
change," says the writer, " should be confirmed, our preparations
for war, and those `of Russia, will experience a notable cluck ;
for it is now known upon good: authority that the warlike dispo-
sitions of the Emperor Nicholas originate, in a great degree in
the machinations of the Wellington cabinet." It is also said, and
this is confirmed by the account of every traveller,—that " the
great mass of the Prussian people openly declare against every kind of
hostility against the French Nation, and feel a cordial interest it, the
memorable events of which France has been the theatre since the 27th
July.' Let us hope, since the evil genius of Wellington no longer
guides the English Councils, the Continental Governments, left to
themselves, will pause before they enter on the hazardous experiment
of attempting the conquest of Prance. If they wish to strengthen
the Government of that country, and to give to the nation a
ruling passion, in which all petty differences shall be absorbed,
they have only to renew the crusade of Kings and Nobles against
the people. But the defection of England from the cause of
tyrants is a serious blow. There is no mistaking the spirit which now
guides the English Councils, after the affectionate overtures thrown out
by Earl Grey to our brave and gallant neighbours. That speech must
have shaken the resolves of the despots. We confidently hope, there-
fore, that the peace of Europe will not be disturbed. In the mean
time, the French act wisely in preparing for the worst in time. They
have not yet forgotten the way to Berlin ; and. if forced, they may
reach that capital with the same case as heretofore.

IMPERIAL PA RL IA AI ENT.
HOUSE OF LORDS, Drc. 2.
The House tract to hear Appeals, and ot fire o'clock procetded with
public business.
Mr. Harm's, front the East India House, presented returns pur.
mane to their Lordships' order.
The Bishop of NORWICH presented a petition from a numerous
body of Roman CithOliCl4 in the county of Mayo, praying for a better
distribution of the funds voted by Parliament fur promoting education
.in Ireland.

Lord CA RBURY defended the conduct of those who had the ditto'
bution of the said funds, and contended that the money was applied
to the purposes of education with strict impartiality.
Lord MELBOURNE laid on the table the Annual Gaol Reports.
Earl GREY presented several petitions agatitu.t ashtray, and the
duty on sea-borne coals.
Anti-slavery petitions were presented by Lord Calthorpe, the Bishop
of London, and the Bishop or Gloucester.

LOCAL COIT NM I.
The LORD CHANCELLOR rose to bring in a bill for the beset
administration of janstice in Englonti and Wales, by the establishment
of local Courts. The noble anti learned lord, in calling the attention of
the house to a subject of great importance. was desirous of making an
apology far having introduced it to that branch of the legislature.
Upon any ordinary occasion he should not have Mt the necessity of
such an apology, but a circumstance he had to mention formed at once
the motive and justification of his proceeding. It would be recollected
by their lowlehips that he gave notice of his intention to bring forward
something Malicia' to the subjects of the realm, in typed to the
administradin
_of justice, and looking to the journals of the other
house, their Isuiships would and that, at an early period of
the prawn &miss% he had the honour to occupy a seat in
this meembly, where it was his intention to bring in the name bill he
shenM relent en that occasion to their lordships. Before he had an
writtwttudAlor ehteming permission, he was roamed to a sent in that
holm. His oandjateeeln the Commons were mot viaticums of the pro-
genies of the law, -4 be held it to be Impossible foe any gendeman
tot acquainted with practical experience in the law, to carry his notice
and Intenthm into ether, Thee was the eases of Ids soliciting the at.
untind elk to. swears which he could net madder pledged
te ewe henna of the mote then the other, lf, however, a
iinseden ufos en die pint, he alteuld lay, that home, which
amobined lin b In
funedene with jedielei nestune, bed meat claim to
sob a menenee. In the Haw laid he should hove the einiataaee et
nab and Yarned perm% vim bad nate in that and dignified
newid ; seen when Mess ind been paned, no imam tal honour,
hilhe etlnedes. and dte its of the l and
mbininel laws. Enesseqpd by the bert et mesietance t mant
ides by the known implehose et the enbjeet 1 enessesged by hie i:lar

atonal and personal knowledge of those defects 14. Fad to cure, he threw
himself on the indulgers of the bowie, and entreated their lordships to
hear as shortly as possible his statement and timid thegrievances which
the measure was to remedy. Before proceeding farther, it was due to
his noble friends in the government to state, that what he Fad to suggest
came from himself as an individual member of Parliament, and that lie
had had no opportunity of consulting them. It was a measure
proposed by himself in his individual capacity, and not a measure
I proceeding from or receiving sanction from his Majesty's go-
vernment. To that government he addressed it as he ad.
dressed it to their lordships, because he would fain hope to induce them
to adopt it. The noble and learned lord added, that it was of importance
to the measure to have their support; but if he should not have it, he
could state again, thut it came from himself. lie need not inform their
lordships that there were things in the law. of the country as regarded
the constitution of jurisprudence, which requited to be sell examine*
with a view to cheaper and more convenient modes of obtaining justice
Be should rot detain their lordships on the expensiveness of law, but
only remind their lordships of a few facts, which would prove that
many parts of our legal establishments required revision and impreve-
ment. It was worthy remark, that all the suits of law throughout the
kingdom were inspected, controlled, and kept within Leunds
of the oriversal or common law, by the King's own Cour*, which weir
itinerant. In Westminster 1411 there was a grind seperireerding
power in the King's superior Courts. It was desirable to maintain that
superintendence, but he could not conceal from their Lordships, that
great inconvenience had long been felt by the suitors attending the
Assize Courts. As all suits must commence in the King's Courts,
the Realtor and his agents were compelled to resort to the Assize
towns from their places of abode, sod to wait for justice until the
next Court of Assizes. (Hear, hear, hear.) It followed that
there must often be great delay in the prosecution of causes,
with great increase of expense. In reeks of great moment, cordiected
for the interests of tide and eminent partite, the expense might t.at be
felt, but it was different in small causes. lie alluded to the cause') ut
poor persons who had not funds to pay the expense of retaining wit.
nesses at the maize*, and the coots incurred by long journeys. He
wished to impress upon their lordship. the almost impossibilil for such
persons with their witnesses to attend at assites for any length rf time.
He had known the assizes at York last a cousiderable time; what had
plaintiff to do in such eases ? lie bad his witnesses to pay, and two
guineas a day for the attendee cc of his attorney. In short, the ur..
i fortunate plaintiff was entirely at the mercy of his professional ad.
Iviser as to the time he might remain at the assizes. When they
considered that 8d per mile was allowed for travelling expenses, and
that three classes of witnesses were paid for attendance, it must appear
to their lordships that a poor person could not pay for such litigation.
The noble and learned lord entered en a statement upon the extravagant
costs incurred in actions, and thought it impossible to avoid some al-
teration of the law on the subject. Having been furnished with four
bills of costs, obtained from the office of two most respectable attor-
neys, he found that in one ac ion to recover 4001. the amount of taxed
coats to the plaintiff was 2001. In another, to recover 2101. the costs
were 701. In a third, to recover 601. the costs were 131. just one-fourth
of the debt. Their lordship. would see by those statements that plain.
tiffs who had gained vereiicts lost

In the first case d'2oo
In the second 70
In the third 15
These losses were all costs out of pocket. Ln order to recover 2001.
the unfortunate plaintiff paid 701. before be could get any thief; from
his adversary. The rate at which witnesses were paid was upon a scale
—the first class, consisting of surgeons, physicians, and Purveyors, were
generally allowed two guinese per clay ; the second class, consisting
of master tradesmen, fifteen ; and labourers, five shilling:.
—Those were sums allowed, but it often happened that clients,
feeling witnesses to be essential to their interest in a cause, gave more—
especially to witnesses of the first clans. In cases where they had to rely
on the evidence of professional men, such as .it veyors, artists, and men
of science, no prudent and skilful professional adviser would recommend
his client to go into Court with a single witness, but the parties must
carry with them a crowd of witnesses, whose travelling expenses. at the
rate of Bd. a mile, and the daily allowance he had before stated, made a
large sum. Their lordships would see et once that in eight or ten days
SOL might be expended in costs before the cause came to trial. Such
costs in commercial causes between wealthy persons might be well
Edover; but what could they say of cause where the sum to
recovered was under 501 ? Where the sum in dispute did not
amount to the expense incurred in the suit ? When he stated to the
house that costs to the amount of 501. might be incurred by a plaintiff
seeking to recover 101. the noble and learned lord thought he made out
&ease which required some looking into. When the taxed costs were
paid on the recovery of a debt, the plaintiff had stills sum to pay. Ac.
cording to the practice of the law, he never recovered the whole of what
was called costs out of pocket. lie only obtained the charge.s allowed
by the Master, and consequently remained out of pocket. It was int.
possible the law could remain without some arrangement on that
subject. Taxation of costs was highly necessary, but for that prac-
tice a man might bring an action and ruin the defendant by excessive
costs; but the great remedy for this enormous amount of costs was
to have justice nearer home. (Hear, hear.) The debts which took
parties to the assizes were in general small. The noble and learned
lord having observed at one of the assizes for the county Palatine of
Lancaster, that the sums recovered were low, applied to the Protho.
notary to make out a list of the sums for which verdict had been
given in 52 cases. The list having been furnished, the average of
verdicts for half a year in the County Palatine of Lancaster, con.
Mining a population of 120,000 souls, amounted to ito mote than
141. lbs. a lesser sum than that for which a man could at that time he
arrested, it being 161. (Hear.) Independent of the verdicts for that
small sum, there were some in which verdicts were given for nomi-
nal damages. The noble and learned lord then entered into a
atatementof the number of affidavits filed for debt in the course of
one year ; on an average, it appeared that there were in the to-
tal 92,000 ; 34,000 of which were for sums between 101. and 151.
90,000 for sums between 201. and 601. and the remainder for sums not
exceeding, taking the average, 1001. In the counties of Middlesex,
York, Oxford, and others, with the practice of which he (the Lord
Chancellor) was acquainted, one-third of all the causes for debt were
for sums under 1001. leaving the expense of litigation out of all kind
of keeping or proportion with the amount sued for. Such a state of
things being the case, the question was, how could a remedy be best
obtained ?He (the Lord Chancellor) had resorted to the practice of the
days of othe*inies,with a view to ascetta'n if any due to guide him could
be found in those laws which had now become obsolete. The first point
that was suggested in the course of his punuit,were those ancient County
Courts which at one period existed with unlimited jurisdiction, and
tried all cases, whether civil, ecclesiastical, or criminal. The noble and
learned lord then quoted a case tried in one of these courts, situate in
the county of Kent, in the Bdi or 7th year of the reign of the Coo •
querur, where a question of federal rights was decided in three d. y,
and in which the half.brother of the King was defendant In short,
these County Courts were the regular Courts of Judicature for all the
King's subjects, and for cases of all kinds anal amounts. The noble
and learned lord then took a detailed review of the constitution of. the
Scotch Sheriffs' Courts. The average ',umber of cases tried and die.
posed of, on an average of three years in these courts, was 22,000;
and take the amount for a similar number of years in England. the
average, instead of being 132.000, or six times the amount of the
Scotch, as the comparative population of the two countries wanar.ted,
it would be found that they only extended to 7,000. It would be found.
too, in reference to Scotland, that only an average of one cam out of 117
tried in the Courts below were ever brought into the Courts above.
Then with respect to the expense of law in Scotland : the prusecueing
of a cute in a Sheriff's Court there for the amount of 10 ,only
about 10s; for 201.16 e. for 1001. 20s ; whilst in England a sum or limL
cost 131. and one of 121. not less than 51: to be sure costs were fecal by
the master on an average one-thirteenth part. The Scotch Sheriffs' I lourti
were neatly similar to, indeed they might be called, the remains of the
ancient County Courts ; and he (the Lord Chancellor) would therefore
wawa with gnat submit...ion, but, be would not disguise it from their
lordships, with that confidence also which one ought to possess who had
well weighed his subject, to ask haw far the English had done wrong in
departing from the ancient eystem,aed how fin the Scotch heel done right
in adhering to it ? In coming to this opinion, and before framing the
outline of the bill he was about to submit to their Lordships, he had
deliberated lung, and had also had many conferences with those persons
esteemed the mon learned in the profession of' the law ; he telcrely
wished It to be tried as an experimental meseure, sad here w told
be ample security provided in the Court. Allure against the poni.
billiy of the law being changed so as to become different in diffir.
ent places. Let these be, in the first instance, two different heal
Courts established where the experiment may be tried, and if It
turns out well it Ina, be extended to all ; a Judge Ordinary eheuld
then sir in every county after the manlier o ancient Courts—me eLee a
year, but once every month; and a moderate Judge should be
appoint, d to try a cause of moderate anwunt ; all Courts of It. quests,
and bur!' like, would then necessarily be absorbed ir. these better tours,
which the present Bill was intended to establish. The noble and leaned
lord next alluded to the importance of proper Judges trying all cases,
however small, observing that the small suitors could sot have too good
a Judge, or one of too liberal learning, to try the truth of their causes,
which, though small to others, ass great to them The principle
of the greet charter ought to be Inviolate., namely, neither to sell
nor to delay justice. He (•be Lord Chancellor) however, ton.
tended that it was sold, if three times a kat cost was charged
for procuring it; and if judge ent were retarded by lengthened forms, it
was also delayed. Nothing was more common than fur the executor
to remain in possession of the legacy, from the repugnance entertained
by the injured party to a suit in Equity. It was now intended to take
away from the executor all interest in wiehbokling the kw", toy
making biro, when ones he had confessed to have it is Ida pommaa
pay into Court • sum equal in valor, sad which he amid not retake
until abet proving an booed acquittele his obligations. Another gaps
portant innovation would be the ionemie-ties of Course of liteeoneilc.
most, by which the pants. before goner to law, would be aide to salt.
mit then ease to the ennaideration and advke of the Judge. In tion.
mark. the only country ia which them Coma bad hitherto colonel,
they had produced the most beneficial gyre. peed, andblabiseg ,so
number of the awes. (Hear, hear.) The Iw og proaeraad
to observe, that it was now the time, when the &dim rolatiohe

:

i
.

were unembarrassed. and when at home they had but a passing cloud
to disturb their security, to undertake the great work of law reform ;
now, when passing, but still disgraceful, proceedings had necessitated
the adoption of certain extraordinary measures ; yet a few days (said Lord
R.) and the sword of justice would be unsheathed, and would assuredly
smite the guilty. It was the first duty of the executive to make the
lama obeyed, but it was their nest to make them loved. To accomplish
this lay in the power of their lordships : what the people hated
was only the abuse of venerable institutions. By amending the laws,
and satisfying the people that they had done all that lay in their power
their lordships would do no more than could be done by any oratorical
declamations to preserve unimpaired and to transmit to the latest pos-
terity a mighty and noble constitution, mighty because handed down by
their ancestors from a remote antiquity ; and noble, because it
assured the tranquillity, the rights, and the liberties of the subjects.—
( Hear, hear.)
Lord LYNDHURST said the subject demanded the greatest consi.
deration, both from its own importance and from being recommended
by his noble and learned friend. He should give the bill his most
anxious attention, and if it proved to be a real improvement in the law,
he should give it his most warm and cordial support.
Leave was then given to bring in the bill.
Adjourned at Half-past Seven.
HOUSE 0F(7157N5, DEC. 2.
ELECTION COMMITTEES. _

The gallery was not opened till five o'clock, owing to there being five
ballots for Election Committees; 293 Members were present. So many
ballots on one day is unprecedented.
The following were the Committee for Forfar : Cradock, Sir
J. Owen, J. Monday, Sir C. Coote, Palk, G. Tudor, R. Price, Sir
L. P. North, T. Kemp, Bruce O'Neale, F. Gordon.
The following were the Glasgow Committee : Foley, J. Thorns,
Rumbold, Sir K. Wilson, C. Brownlow, Sconsor, Arch-
dale, J. Marryat, Sir W. Wynn, Lord Fordwich, R. Bethel.
The following were the Memlers for the Evesham Election Com-
mittee :—.F. Bardin, W. Russell, .1. Buller, A. Buncombe, H.
Tufton, G. T. Stanton, C. Clive, J Clements, Mills, M. Bell,
Lord J. Lennox.
The following were the Committee for St. Mawes :—J. Wain-
wright, Power, .—T. Whitmore, Gower, J. Hall, C.
Tyrrell, Lord G. Bentinck, S. Lumley, H. White, R. Watson,
Ft zgerald.
The SPEAKER informed the House that the parties had not en.
tend into the requisite recognizances to prosecute the Tregony Election
petition.
The following were declared to be the members for the Borough-
bridge Election Committee .—J. Newell, C. Corbett, E. Pen.
ryn, Hon. King, Lord Pawlett, J. Ramsbottom, J. Bradshaw, W.
Ed. Boyle, Sir C. Lenox, J. Brown.
Sir T. Denman, Lord Palmerston, Etc. appeared on the Treasury
benches, having taken the oaths and their seats.
Mr. D.W. HARVEY presented a petition from the parties interested
in the Tregony Election, praying for an enlargement of time to enter
into the requisite recognizance,.
Mr. S. RICE thought time might be allowed on the principle ex-
tended to the case of Rye Here the party was ready to be surety for
2501. but not for 5001.

31r. Harper, the agent, was called to the bar, and verified the con-
tents of the petition.
Mr. D. W. HARVEY moved that time be extended till Thursday
next.

The ATTORNEY-GENERAL said, he had understood from
the Speaker that the petitioners had received ample notice as to
the failure respecting the sureties. He offered no opinion, but stated
the facts. _ _ .

Sir It. PEEL said, if there were a general rule where would be the
advantage of it, if it were to be set aside on particular occasions without
the strongest causes? It would be to give a decided advantage to the
negligent man over the correct petitioners.
Mr. O'CONNELL thought the spirit of the law had been complied
with, and therefore thought time ought to be allowed. It was special
pleading by which the application was resisted.
Sir R. PEEL maintained that if there were special pleadings on
either side, it had been adduced by the petitioners and those who sup-
ported the application.
Mr. CA NIPBELL and Lord PALMERSTON opposed the mo-
tion, on the ground of the provisions of the act not having been com-
plied with.
Mr. D. HARVEY said, if the merits of the case were likely to be
eittunined through another petition, this petition would be unnecessary.
The party had been admonished of the situation in which he stood, but
too late to remedy the effect. He should not withdraw the motion.
Lord J. RUSSELL stated that be should have a petition to present
respecting this bormh, on the ground of the Mayor of the place
having been an illegal Mayor.
The gallery was c eared for a division, Mr. Harvey observing that he
could not withdraw his motion : and the numbers were as follows :
For the motion ... .. 23
Against it

Majority against the motion ... GO
The SPEAKER then informed the House thatthe petitioners, corn.
plaining of undue elections for Bristol, Peterstield, Reading, Seaford,
Queensferry, and Berwick.upon.Tweed, had foiled to enter into the re-
quisite recognizance.; the orders fur considering the petitions were con.
sequently discharged.