Star.
London, England, 1823-07-15 00:00:00

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P4RLIAME,NTARY RROCEEDINGS.

HOUSE OF LORDS, JULY 14.
The LORD CHANCELLOR said that he bad prepared a
paper, in furtherance of the intimation he had thrown out last
Friday, which contained certain findings, or declarations of the
law. in relation to the Fife Cause; which, therefore, he should
now deliver in at the table. to be communicated to the parties
(Sit James Duff and the Earl of Fife) for their consideration,
between the present time and Wednesday morning neat —The I
substance of the paper was, that the cause should be remitted
back to Scotland, with instructions, and a new trial take place
before the Jury Court. The proper question in issue to battled
being, whether the deeds, though apparently probative Loma-
silents, and as such to be received as the deeds of the Earl of
Fife, were respectively the deeds of the Earl of Fife? and after
the trial the Court is to proceed in the Cause as shall be meet.
His Lordship observed, that both the parties had justifiable
• grounds for bringing the important question to the issue it had
attained; that no mural blame could attach to either of them;

they did their duty.
The Noble and Learned Lord next mentioned the appe o
al f
" Sir John D. Fowler and another v. Doe." He added, that if
be were called upon to give his judgment now, as to whether
there should, or not, be a venire de now, be could feel no hesita-
tion in declaring on the affirmative side. But it ought to be re-
collected that this appeal came by a Bill of Exceptions in a
cause tried upon the Circuit; and, as such appeals were eattemely
rare, he would propose that the present cause should be post-
along U the next Session
soft liament, thee to he taken up
a with the appeal of on the demise of Beach v. the
Earl of Jersey."—Ordered.
Counsel were called in upon the appeal of " Douglas v. Col-
quhoun," when Mr. Sugden was heard in conclusion for the re-
spondent, and the Attorney-General in reply.—Adjourned at
four o'clock, during pleasure; and at five the House resumed.
The Bari GROSVENOR was nut satisfied with the ex-
planation he received on a former night, with regard to certain
otters which appeared to be reserved in fee. He alluded more
particularly to the situation of Clerk of the Parliament in Ire-
lands and, again, to the office of Lord Justice General in Scot-
land. He knew it was rather too lateen the- Session to institute
proper inquiries, but he wished some distinct pledge that re-
trenchment would be completed neat Session.
Tile Earl of LIVERPOOL here remarked, that all he could
say upon these topics was, nearly what he bad found occuion to
state before. Whenever ie office of Clerk of Parliament should
become fairly vacant, or when the freehold interest of the pre-
sent holder should expire, it was not the intention of his Ma-
jesty's Government to renew this office till its propriety had
been submitted to the consideration of Parliament. With re-
spect to the other officer mentioned by the Noble Lord opposite,
th r duties and requirements of that officer ware already in a due
course of investigation, and the result would come before their,
Lordships in the ordinary way.
Lord HOLLAND had a Petition to present, which he held
in his hand, but which, he was aware, was somewhat irregular.
It referred to a particular Bill, no longer upon the table of the
House; and, although he had no ambition to appear in the cha-
racter of a resurrectionist, he hoped to be indulged so far as to
he enabled to revive the feeling that prevailed in favour of one
rejected hill. The Petition he nosy tendered was to have come
before their Lordships on a former MLitt, but having gone out
for two minutes, he found, upon his return, that this very Bill
(Scottish Juries) had been lost. Ile now begged to present a
Petition from the Burgh of Invernees, in favour of the rejected
measure, which, be was assured, the Judges of Scotland could'
have wished to see pass into a law.—The Petition was shortly
read, and laid upon the table of this I louse.
TUB LIMERICK. TAXATION BILL.
The E ill of LIVERPOOL now moved the Order
of the Day for the third reading of the City of Li-
merick Taxation and Regulation Bill.
The Earl of CLARE spoke in favour of the Bill.
The Lola) CHANCELLOR felt it his duty to
h:tee interposed at an earlier stage of the present Bill,
and_peihaps he owed an apology to their Lordships
for not having sooner noticed this Bill, till it had at-
tained its pte.ent growth. *With respect to many of
the enactments it contained, when their Lordships
were told that they were enacted to correct and coon-.
to act the abuses of the body corporate, it should be
remembered that peccadilloes of this complexion
ozvglit always, in the very first instance, to be sub.
mined to the Courts below ; then, if such abuses
could not be so remeeied, there was a fair pretence
for applying to Parliament ; but it appeared that
their Lordllips were now called upon to legislate for
the avoidance of abuses which might be remedied by
the subordinate Courts, and therefore ought not at
present to have come before the highest Court. It
w as useless to ask, because it was impossible to know,
where this species of legislative interference would
end. Non-resident freemen wet e, it seemed, no longer
to be made by the Corporation. Now, by a decision
of the other House, such freemen were prohibited
from voting at elections for Members of it, but the
right of making them was reserved; and, he would
ask, what right had Parliament to take away that
privilege from the Corporation? He apprehended,
too, that whatever was proposed by the present Bill
could be much better done, bekause more legally, by
the Lord Lieutenant of Ireland in Council, as the
sworn representative of the King. While upon this
subject he would call ;.heir attention towage 12 of
the Bill, which enacted a jurisdiction he elieved to
be perfectly_ new to this country, and riven to Ireland;
and here, it the complaints of the goad people of
Limerick were well founded, with respect to the ex-
haustion of their Corporate funds, he could give his
Limerick friends much joy,. as there was, prospec-
tively, no reasonable end to the litigations which
might embarrass them. How was it possible, for
instance, that any Act of Parliament should hereafter
say that no Mayor of Limerick should have more
than 000 a year? For if this estimate were admitted
in part, then some other Mayors might be considered
not entitled to one half they had. lie would not, if
their Lordships came to any vote, oppose the passing
of the Bat remedially, but he trusted that it never
would be considered as a precedent for similar Bills.
Lord REDESDALE went over the clauses of the
Bill, and deprecated all such summary proceedings
with regard to Corporations as it provided for; for
such proceedings ought never to be had where the
subject in litigation might become the matter of a
suit. He could assure their Lordships that his ob-
jections to the Bill were wholly of a public nature ;
for, if he felt otherwise on the subject, his wish to
assist its progress would, from recollections of the
family of the Noble Mover (Clare), and from friend•
ship to some Noble Lords who. supported the Bill,
overpower all resistance on his part. If, abiding by
the Charter of die Corporation of Limerick, there
was no necessity for the Bill, the result was clear;;
and even if it were otherwise, he would protest to the:
interference of Parliament as it respected that Char-
ter. The present Bill made the Mayor and Alder-','
men and Common-Councilmen of the city of Lintesl
rick just nothing at all. trenacted, fog example,
that about 2000 persons, and those aniong the lowest
classes in society, should meet, debate questions, and
thus, at their pleasure, be competent to controul the
Corporation. Now, let it be here inquired, if such
were really the Constitution provided by the Charter,
of Limerick? If it really were so, he would respond
well but if this representation did not answer
to that specific Constitution, then, by the present