The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-07-04 00:00:00

HOUSE OF LORDS.-MONDAY

The Princess of Augusta's Annuity Bill was passed.
Lord COTTENHAM then moved for a select committee
to inquire into the operation of the Bankruptcy Act of
last session. The noble lord spoke at great length on the
evils which that act produced, by allowing the effects of
bankrupts to be administered in some instances at 70 or
100 miles away from the residence of the bankrupt and his
creditors, leading to enormous expense and prejudicing
smaller creditors to the benefit of the larger.
The Lord CHANCELLOR opposed the motion, on the
ground that it was taking the measure out of the hands
of the government before sufficient time was given to
judge by experience of its expediency. The motion was
premature, and he trusted their lordships would not agree
to it. Formerly the power of the commissioners extended
forty miles round London, and so beneficial was its oper-
ation found to be that it was deemed expedient to extend
the sphere of its activity. There were doubtless oppo-
nents to this plan, because it displaced 700 commissioners,
and also had various other interests to oppose it, all of
whom had it view that the old system should be re-esta-
blished. At present he, in conjunction with those who
were acting with him, was endeavouring to meet every
difficulty and to remedy every abuse as it betrayed itself
in the working of the bill.
After a few words from Lord BROUGHAM and other
peers, the motion was negatived.
On the motion of the Earl of ABERDEEN the house re-
solved itself into committee on the Scotch Church Bill.
Lord CAMPBELL complained that the bill in its present
shape was far more objectionable than it was when first
presented to the house, and if it should pass it would
prove the ruin of the Church of Scotland. The bill was
a declaratory one, and he hoped the noble lord would not
compel a majority of the house to vote that to be law
which was not law. He moved as an amendment that
the words " declared and " be omitted.
The Lord CHANCELLOR supported the bill, which was
not, he contended, open to the greater part of the ob-
jections urged by his noble and learned friend (Lord
Cottenham.) The question before the house was one of
Scotch law relating to the Church of Scotland, and upon
which, therefore, the opinion of Scotch lawyers should
have great weight. The bill had been therefore sub-
mitted to Lord Justice Clerk, to the Judge Advocate,
and the Solicitor-General, who were of opinion that the
bill was only declaratory of the law of Scotland, and was
in no wise at variance with the judgment in the Auchter-
arder case. Upon a question of Scotch law he was very
diffident in giving a decided opinion unless he heard it
argued, but he was content to rest his opinion upon that
of the very high Scotch authorities to whom he had re-
ferred, and whose weight fully justified his noble friend in
pressing the persent measure, which he hoped would not
be opposed by their lordships.
Lord DENMAN said that the grounds upon which it was
proposed to pass this declaratory law appeared to him to
be in the highest degree alarming, for it went to declare
that to be law which the highest judicial court in the
kingdom declared not to be law. There could la,-; no
necessity to declare such an untruth, and he protested
against the whole proceedings, for it appeared that the
law was to be superseded by private declarations made
by Scotch judges to the government. When the Lord
Chancellor declined to give his own opinion upon this
question, surely in the face of that fact they could not
think of declaring that to be the law to which the highest
legal authority would not venture to pledge his pro-
fessional character.
After a few words from Lord CAMPBELL in reply, the
amendment was defeated by a majority of 30 to 8.

Sir R. PEEL saidihe never doubted the commercial and
social advantages l.kely to result from the peuuy-postage
system, and revenue considerations alone had caused him
to hesitate about the propriety of its adoption. He had
before now given his testimony as to the abilities Of Mr.
Hill; and if it were deemed.desirable to continue his ser-
vices, the proper way would -have been to make him se-
cretary to the Post-office. The character of Lord Low-
ther was a sufficient guarantee that the new system would
be carried out in good faith, and the house might rest as-
sured that the whole influence of the Government would
be directed to aid the success of the system.

After a reply from Sir T. WILDE, the motion, as
amended, was agreed to.

On the motion of Mr. MACKINNON, a select commit-
tee was appointed to inquire into the means and expedi-
ency of preventing the nuisance of smoke arising from
fires or furnaces, and the house adjourned.