Star.
London, England, 1828-07-18 00:00:00

• .•
tor tee or solitit shotii,l make such so ntveapt, he
(Dr. Lushington) hope. the party would. be vi•itiel
with the indignation of the Court—(llear, hear). In
the first itistanie the petitioner employed 'roller and
Son as his Proctors; he **seined silent for 17 mouths.
and it was not a little remarkable that the next
person he applied to was the only one who had been
suspeeded three tithes, once by Lord Stowell and twice
by Sir John Nicholl--the name of that person wa. Mr.
William Gear y, jons The Advtatate he employed was
Dr. Lee. who had been practising in that Court for 12•
years, condiibting hittvef in Mich a !banner' that the
only excuse that could be made for his extraordinary
conduct towards the Court and the Bar was, the very
great doubts entertained respecting•his sanity. For 12
years he bad been silent, unless when tie thought proper
to intrude hie eloquence upon the Court—and that was
the person selected to be the Duff Atli upon this occa.
sion. "The. Motion cr Dr. Lee, of which the House had
heard so much. was f ir the suspension of the Registrar
and the three Deputy Registrars, and he was heard in
support of it for nearly three hoots by Sir J. Nicholl,
who pronouncei it a most unheard of proceeding to
introduce a motion which. as might be seen. had
nothing whatever to do with the suit before the Court,
and that even if he were entitled at ail, the parties must
be brought before the Court previous to the hearing of
such motion. ' It was rather hard that those Gentlemen
should be so brought forward for tot other reason thaw
their not having exhibited a table f fees ('l'he Hon.
And Learned Gentleman here proceeded to state the
manner in which the fees had been origina:ey
—the alterations that had been made in them in 1705
and 1734, since which year they had out been increased).
—Dr. Lee, it appeared, wanted a copy of the table. of
fees—noue was to be had—but on pressing for it, he
was furnished (for the purpose of copying ii) with that
which had been laid before the Commissioners ap-
pointed by the House of Commons to inquire into the
subject of fees paid in Courts of Justice. but that table
did not comprise fees paid to Proctors, of which, in fact,
no table existed. It was complained that the Registrars
practised as Proctors, but this practice existed irons time
immemorial. The Hon. Judge only discharged his duty
in refusing to hear that motion. There was not one se.l
spectable person who wittessed that Judge's conduct
thardid not approve of it. The feeling of the whole bar
of the Court justified the Judge in preventing the waste
of public' time. The affidavits proved he discharged his
duty with firmness and impartiality. True, some of
these Deputy Registrars were -near relatives of the
Learned Judge. The situation required great accuracy
and fidelity, and professional experience. A letter writ-
ten many years ago by him, showed his opinion that
the choice of the person should be made on public
grounds, nor did he make any interest for the appoint-
ment of his relative. The only feeling entertained in
choosing the candidate was a desire to obtain a com-
petent person. Mr. Jenner was accordingly appointed
for his pri fessional experience, not did Mr. Moore even
know that the person he appointed was a relative of
the Learned Judge. The second person appointed was
equally competent to fill the station of Deputy Registrar,
and it was equally unknown that he was, when ap-
pointed, a relative of the Learned Judge. It was a
common practice with Judges to fill offices in their
gilt with their own relations, when competent to dis-
charge the duties, nor was such practice censured in the
cases in which Lord Elleaborough and Lord Kenyon
exercised their patronage in favour of their relatives.
He submitted that' the Right Honourable Judge would
appear acquitted of all matter of blame. The salary of
the Honourable Judge, for all his labour, was not more
than 3 0001. though hew as now more than 20 years on
the Bench and was 70 years old. As to the lionourable
Mover's attacks on the Court of L indon for an account.
of its fee., he (Doctor Luthington), looked on them
wtb the most ineffable contempt—he had been. and
was a political enemy to the Honourable Judge bit he
felt it his duty to bear testimony to the Hon. Judges
honour, integrity, and character. He hoped tie House
would join hum, one and all, in thi. sentiment of respect
for his unspotted reputation.
Mr. D. W. H A RVEY regretted that the Petition con-
tained too str. ng allusions to the conduct of the lino.
Judge, ilia- n.u.;:i as the allegations relative to the tees
of vie Count were well smithy the attention if the
House. Complaints of the abuses of the law should be
heard a ith atter,ti-si by the House, notwithstailding the
stream of eloquence that flowed from th sides of the
House in defetice of those abuses. The House ought
also to make a di,tiection be. wren those Members oho
brought forward those c mplaints with honest eaten-
tiors, and those prole.sional defenders of abuses who
induiged in malignant and dirty stacks. through
feeling of expectation tiff the emoluments of the Court,;
or a w ish to make their advocacy in this House a high
road to higher political preferment. its, to the at-
tacks on Sir John Nickell, be acknowledged they
a err unfounded. A. to the fees in ;be Prerogative
Court, they were clearly 'too large. Itive-and-twenty
pounds a fee may not appear too large in the opinion of
Coun-el, but they were tog large for an exci,enian. It
was most unjust not to allow an attorney to inspect the
bilis of costs; for as to the Proctors, though Vie" tried.
the bills of costs. but then they may tax each other's
hills of costs, and say one to another, you tax my bill of
costs liberally) and do the like for you. It was like
the saying of •14 tickle me, Toby—tickle me ten:—
(A laugh). As to the aasestion that there were Regis:
tran to regul'ate this matter, it waceatily answered by
the &att. that Mete three very Retstrars werePsoctsiss
ton, and inteietied in the perversion of their power to
their own profit *ad emolument. The Learned Doctor
ha. acted ttiost unwarrantably Id impaling toerjery to
Mr:Walker. Mr. Walker's onduct was st..alle most
distinguished and honourable kind.
The itTTORNEY4ENERAL perfectly agreed
with t4Honourable (ember for Colchester in think-
ing 6, there was not ll* slightest reason fcir throwing
the remotest blame on the Right Hon. Jude."'' He
would further say, that if Sir John Nicholl' had done
what was desired by the Hon. Metnbet fur Montrose,
he (Sir John Nicholl) would be liable to 3mpelehrnant
for conduct which would be at once tyrannical and
unjust. It would have been most unjust if be had
removed the Registrars, who were not, as Honourable
Members supposed, appointed by the Judge. He de-
fended the conduct of Sir John Nichol!. arid pronounced
a high eulogium upon him as a Member of Parliament,
a Judge, and a private Gentleman. He (Sir J. N.) like
Sir Peter Teazle,' in Shenclan's Comedy; had lett his
character behind him, but it was in no danger in that
House, where gentlemanly feeling prevailed on all
sides. If the two branches of the prayer of the petition
could be separated, he had no doubt the Hon. Member
for Montrose would be the majority and minority, ano
whole population on that sideuf the question. But hi
had' yet hopes that a penitence—a late peloteate—giul
of mor'al feeling but of judgment; would convince-6i
heart and affect the sensitive sensoriumi of the Honour
able Member hir Montrose, and that lie would 'chat.
his attack upon Sir J. Nichol). Ile th •ught the Slow •
should tied the petition with contempt. He could u
help hopios that the. Hon. olembet ton Moutiose woo.

with the warmth of 'the apsson, vela* g j„
sl*to that he presented this rrt•tidm as a Memhp;
Parliament. bit seeing that it WAS a gtov, , *a.
.willihv tea w;thdraw it.

Dr. PHILLI MORE defended the pfsetite or the Court. aq
stated upon his experience of tyrenty yeats, tbat there was no cow,
where justice wiry administered more diligently, nuith speedily
at less expense, than the Prerogative Court.
Mr. H. DAVIS said. he had known the Hon. Judge fur thirty
years, and amid bear testimony to his integrity.
The Petition was brought up and read.—.on the motion that k
do be on the table.

• Mr.•ll ()ME rose, and denied that he had aver been in the habit
of bringiniforwatd Charges again 4 individuals upon slight *rowed,.
or of allowing them to remain over longer than was necessary, lie
defiled that the presetn Petition was any libel. as it bkd hats 4,
scribed. against Sir John Nichol's and he contended that the prina
ciple of the allegations it contained bad not been refuted by
opposite .ide of the House.
The question, s that the Petition do lie en the table," was
sod negatived without a di Vision.
Mr. HU ME said he would bring on the subject to-mon:mem
be should then move fora Retuin of the Fees received in that Cum
Mr. A W. HARVEY wished tO know whither the Control....
loners of Inquiry into the State of the law were td have any nglik
or Seed place of meeting, where person. might giie evisleitcr
',cord, so that they might ascertain whether the iteptut of thh
Commi..ioners agreed with the evidence they received?
Mr. PEEL thought it necessary that the Commis-loners shoulti
have some place where evidence might be received and documents
kept. Indeed, these Commissioners were so frequently appoimel
that it was to he regretted that there was no established ,egress
Mr. H. GRATTAN withdrew his motion relative to ibipto.
duction of papers Upon certain transactions connected with OW'
•Pulice of Ireland.
'COSPoItiIITION OP LISCIIISTER.
Mr. OTWAY CAVE rose for the purpose rt moving
that a Petition he held in his hand from the ihnabitai4
of Leicester, regarding the conduct of the Corporatioi
should be referred to a Select Committee. The Cot po.
ration, after great delays, had at Lot tendered the ac-
counts required of it, tut they were so purposely evasive,
that it 'would be impossible for the Botortgh to tabs
such Rep' upon them as they wished. The peliting
requested. Ministers to take steps to suspend the
ration contracts, for which such an unjust tae was levied
on the inhabitants of Leicester. The lase he had men.
tioned to the House was one of as gross. though petty
tyranny, as bad ever been submitted to Parliamentoots
remedy remained to the petitioners but to appeal toilet
Parliament for redress ; and he moved the the mirk*
be referred to a Select Committee to inquire into do
matter thereof, and report their opinioti to the House,
Mr. Secretary PEEL thought. from the number of
Petitions which the Hon.Gentletban had tritely broutht
forward relating to the totrnot Leicester, that the hem
and animosities tacked by the last electitin for diat
Borough bad not quite subsided among all the polies
concerned; and that the Hon. Gentleman hiinsa mot
have been put forward by some patty which was do.
*items of visiting the plate with the effects of its ill will.
The object of the. Committee would of course be; to
inquire into the returns which had been made to dor
House by the Mayor and other Officers'of the bornisli
of Leicester. Now be (Mr. Peel) could assure, that
Gentleman, that if he thought any case bad 'bees made
out to warrant the belief that any intornsationhad bon
purposely withheld which ought to have been by this.
communicated to Parliament, be would mot readily
assist the Hon. Gentleman in bringing the individuals
before the House. But no such case had been laid. For
his own part, hews: not a little surprised that it had sot
occurred to the Hon. Gentleman to make a moden of
this kind a little earlier in the Session—(Hear, bar,
hear). These very returns had been ordered to It
printed as long ago as the 23d of May, 1928 ; asst
it was inost.singelar that that House should now Os
invited, on the 18th of July, within two or titre* days
only of that which was usually assumed to be tb
of adjournment, to appoint such a Committee moms
now moved for—(Hear.) Had any ground been laid for
interring that the Corporation of Leicestet had trifled
with the House, he (Mr. Peel) would not at all oppose
the proposition. But, besides that none torch could be
shown, the delay complained of seemed lo be mainly
attributable to the Honourable Gentleetsan himself. Is
the first place, the form t f his own motion fir the to
turn in gentian was most defective, and such as might
have misled the parties as t s its real objects. The re-
turn called for was for the assessments, during a certain
period, in the Borough of Leicester, for gaols, bode-
wells. „police .4 aCc." Now this die." was a
vague and indefinite formula. The return made did
include the information relative to gaols, bridesiells,
and police—but nothing about an " &c."—(A laugh).
The remedy. for the Honourable Gentleman would be
to amend the firm of his motion a little, and rim.
af er moving for a return to an 14 Ac." threaten the
tinforismate individuals twice over,
.tor ,having, coed
,arithing 'upon that part of the call on them, with the
interposition of that House-os(A laugh). There
were one or two inconsistences, to say the' fast,
in 'this' Petition, to which he would beg to call the
ittention of the House. Petitioners complained abost
the very heavy expenses to which they had been
putdor the purpose of building a large gaol in Loco-
ter; but in reality that complaint applied rather whim-
self (Mr. Peel) than' to the Mayor or the Corporati.,6;
for by an Act which he had introduced but lately, the
building of additional gaols in certain towns, and comi-
ties of towns, was authorised, and in the appendix to
that Act be had taken particular care to mention li.O-
cester—(Hear, bear). But this was upon informat.oa
which bad been transmitted to the Home Office, that the
populous town of Leicester was badly off for a gaol.--
In confirmation of this fact, it was notified to him, that
'whereas the average number of persons. comnaited after
trial in Leicester-was about SQ; the old prison contained
only five tells for females, and only eleven for the noes
and upoq this information he had proceeded. As to
the nos.appearance of the East& returns cf ptioret.'
dating amain years, that was accounted for in this
simple manner; that in those very years, 1013. 104'
1815, 18115, 1817, and 1818, there bad been no Eage:
Assizes at Leicester—(Cheers).
Mr. GURNEY admitted the great abuse: existing'
many Corporations—but was afraid that the peloa"'
feeling of pare Hon. Members on the subject. rather
damaged the chances of *octets, which might Otherwise
attach to question certainly of the highest itopoelena
which could be brought under the notice of Parliameet•
Mr. °TWAY CAVE, in explanation, said that the
Right Hon. Gendenian had noticed every
thing butte
only question to which be (Mr.O.Cave) was most snug
to obtaiq a reply. How bad it happened that who,
by the showing s f their own returns, there had been
wards of 6,000 prisoners committed within. a gieco Or
their returns related oily to 1,000? AitO'the pet
Inotilres which had been unjustly and falsely imPa
him—(Hear)—in bringing forward tbesepetitionet be
only disclaimed the imputation, but must take leave to
observe that his proceeding had bpd lost as ouch to .
,r
e°
with the borough of Leicester as the Right
Honourable
i.ientleman's conduct in regard to East Retford had bad
is de with that borough. After what took place on!
ioniser *night, when so soleinu a disavowedhad been!
lausibly and portentously Made on the part of.
for
tight Hon. Gentleman as to his baying no sort of itr
• crest in the district which was technically called t!
Dukery ;" what would have been thought of h!
gr. 0. Cave) if he had this eight imputed to bias