pressing considerable alarm on the subject of the Cholera Morbus. Sir Richard Vyvyan suggested to the right hon. Gentleman opposite whether, as all persons coming from Hamburgh must perform quarantine, it would not be adviseable to put an entire stop to the steam navigation. Mr. Poulett Thomson thought that that object could be effected of itself, without any official regulations on the subject. Sir Richard Vyvyan observed, that a vessel after remaining twenty-one days in quarantine, had worked its way up to London and discharged a cargo of rags. He thought that if there had been any infection in the rags, it could not have been got rid of in the course of twenty-one days. Mr. Poulett Thomson said, that the importation of rags coming from infected places, was now prohibited. Mr. Hunt advised the Government to take the duty off soap. The poor classes would then be able to keep themselves clean; and cleanliness would be found the best preventive of Cholera Morbus. BANKRUPTCY COURT BILL.] Lord Althorp moved the third reading of this Bill. Mr. Warburton begged to ask the hon. and learned Gentleman whether the three Commissioners of the Sub-division Court must be unanimous ? hitherto, the practice had been, that a majority of opinions was regarded as decisive. The Attorney-General said, the practice would be continued, and the opinions of a majority of the Commissioners be considered decisive. Mr. Warburton said, he wished to make one or two further remarks. He understood a certain amount was to be paid when a dividend was declared; he, therefore, begged to suggest, whether a certain rate per cent would not be more adviseable? again, he wished to know, whether the official Assignees would be allowed to act as auctioneers? the Judges and Registrars might be very beneficially employed as puffers. Mr. Hume wished to know whether the noble Lord opposite intended to introduce a clause into the bill to render the case of each of the existing Commissioners, with respect to compensation, subject to inquiry. He also stated his objections to giving the Judges appointed under the bill any superannuation allowance. Lord Althorp said, that the case of each individual Commissioner, with respect to compensation, would be taken under the consideration of the Treasury, and decided on according to its own merits. That was the principle upon which compensation was now given. With respect to the retiring allowances to the Judges, he had already stated his own opinion-and he was inclined to maintain. that opinion that persons appointed to judicial situations ought to be allowed retiring pensions; or else they might keep their offices when they were too old properly to discharge the duties. But he had since communicated with the Lord Chancellor on the subject; and that noble and learned Lord considered, that the principle upon which the hon member for Middlesex had urged his objection to their retiring pensions, was unanswerable. The noble and learned Lord said, that it was the duty of every person to lay by part of his income for support in his old age, the more particularly when his income was not variable, but fixed. No clause with respect to compensation had been introduced into the Bill, because the general act, relating to compensation, did not apply to judicial offices. Mr. Wrangham said, he regretted that so many personal remarks were mixed up with this question. Those who felt it their duty to oppose the Bill, were described as factious. Such language was as painful to those to whom it was addressed, as it was unbecoming to those who used it --he admitted the evils of the existing system, and was willing to remedy them; but he did not think that the Bill would effect any improvement. The principle defects of the present system were, the great number of tribunals, the number of Judges in them, and that they were not constantly open. These evils could be reached only by diminishing the number of Judges, and Sir Charles Wetherell said, that arrange-making them sit continually without any ment would be an excellent one. It would adjournment. The Bill, in fact proceeded make the new Court an auction mart, and partly upon that principle, but it did not di The Attorney-General said, with regard to the first point mentioned by the hon. Gentleman, a clause was prepared which he hoped would meet his views; and with respect to the second, there was nothing in the Bill to prevent the official Assignees from acting as auctioneers. present he would only allude to one, and that was, that the Bank of England neither could nor would undertake some of the duties and charges which the Bill contemplated. He recommended this point at least to the serious attention of the noble Lord. minish the number of tribunals, for it es- I believed, as the Bill now stood, it would be tablished a Court of Review, which he found impracticable in several points. At held to be unnecessary. He thought that the Judges of the Division Courts might have occasional meetings in larger numbers, and perform the duties assigned to the Court of Review. Again, he looked with some fear at the new Bankruptcy Court being independent of the Court of Chancery, on account of the intricacy and importance of some of the questions which were occasionally to be decided; and he thought there was some danger in leaving the power of deciding these to a tribunal of inferior importance. Of course that could not be attended by the first advocates, and the suitors must experience disadvantages on that account. Even allowing a Court of Review to be necessary, he had heard no reason for appointing four Judges to preside in it. One he thought would be sufficient, and this had been so evident to the framers of the Bill, that they had provided other duties for these Judges, besides performing the duties of the Court of Review. It was arranged, therefore, that they should act separately as Commissioners, and preside over the trial of issues. With regard to these parts of their duties if they were to preside only as Commissioners, they ought to be paid as such, and not as Judges; and as to their presiding over trials, the three main sources of issues would by the very provisions of the Bill itself, be cut off. Sir Charles Wetherell said, that since he had practised in Westminster-hall, he never remembered any Bill for the amendment of the law so pregnant with mischief and danger as the present measure. The Tory party had been accused of being hostile to all Reform, and had been described as "factious." "To that he would simply say, they had made many reforms in the jurisprudence of the country, and that they had proceeded upon sound principles, and after due inquiry. He could by no means give the same credit to the author of this measure. He hoped it would be the last attempt at the emendation of the law which would ever proceed from the same quarter from which this had originated. He took leave of the Bill with the prediction that the Bankruptcy Courts would not endure long. Bill read a third time and passed. HOUSE OF LORDS, MINUTES.] Bills. Read a third time and passsed; Crown tholic Inhabitants of Moycullen for the Extension of the Galway Franchise to Catholics, and from the Inhabitants of Silverston, in favour of the Reform Bill. Mr. Freshfield said, upon this last occasion he must protest against that part Petitions presented. By two NOBLE LORDS, from the Caof the measure which appointed official assignees. The consequence of it would be that no respectable creditor would act as assignee with them, and that frauds COAL TRADE.] Lord Wharncliffe said, which were now discovered would remain that he had learnt that a conversation had undetected, as the official assignee could taken place in their Lordships' House a have no interest in bringing them to light. few days ago, upon the third reading of the Another consequence of their appointment Appropriation Bill, in which a noble friend would be, that Commissions of Bank- of his had taken occasion to say something ruptcy from Bristol, Manchester, and other with respect to the operation of the recent places, would cease to be worked in Lon-removal of the Coal duties. His noble don to avoid the additional expense that would accrue to the estate from their per centage being paid out of it in addition to other charges. The little the Judges of the Court of Review would have to do would be still further reduced by the diminution of bankrupt cases worked in London, and the Chancellor and ViceChancellor be but little relieved; for they would still have to attend to all questions connected with country bankruptcies. He friend had complained that the result of the measure of removing the duties was, to occasion a very considerable loss to the revenue, without any corresponding benefit to the consumer. He stated that the price of coals to the consumer was only 2s. less, and that the difference between that and the 6s. of duty removed must go into some other pockets. He (Lord Wharncliffe) was anxious that the coal-owners should stand clear with the the noble Duke to have said, that the public had not derived the full advantage of taking off the duties, but he had not understood the noble Duke to say by whom the benefit had been reaped, although the presumption was, that it was the coal-owners. Motion agreed to. BANKRUPTCY COURT BILL.] The Lord Chancellor, in moving their Lordships to agree to the Amendments which the Bankruptcy Court Bill had received in the other House, felt it his duty to state to their Lordships what those Amendments were. The first was, the disqualifying of the Judges of the Court from sitting in Parliament, and this he should say was merely supplying what had been an inadvertence in their Lordships' House. There were one or two alterations in the Bill which were of little consequence, but he should open to their Lordships what were the main alterations which had been made in the Bill. The machinery for compensating persons who were to lose by the Bill, was perfectly satisfactory to those who, like Lord Thurlow, were concerned in it, and their Lordships could have no objection to this public, and he could assure the House, that if the public did not benefit to the full extent of the duties removed, the coalowners were by no means benefitted by the difference, which had not gone into their pockets. The prices of coals at Newcastle and Sunderland were precisely the same now as they were before the duties were removed; and in point of fact, the coal-owners were losers instead of gainers. When the tax was taken off, the stock in London was extremely low, in consequence of the anticipation generally entertained that the tax would be reduced. The coal-owners continued to supply the market as usual for a few weeks, when the workmen at the pits seeing a favourable opportunity, struck for an increase of wages, and they kept the pits for seven weeks unworked; so that coals were actually imported into Newcastle in order to keep the different steamengines at work. This had ended in an increase of wages to the amount of from ten to fourteen per cent, and as the price of coals had not increased, the coal-owners were consequently losers to this extent. In addition to this, the workmen by an agreement among themselves, would not work beyond earning a certain sum a day. This state of things was brought on un-clause as it now stood. He would merely doubtedly from one of those combinations observe, that no compensation was in any among the operatives, which caused in case to be given in the lump, but only accreased difficulties every day, in carrying on cording to the claims of each individual. any kind of trade in this country. The result The only material alteration which the Bill of this combination among the colliers was, had undergone, he would now explain to that the coal-owners could not supply the the House. He had stated in the first markets to the extent of making up their instance, that the Judges of the Court losses sustained by the increase of wages. were to have retiring pensions after twenty He would only add, that if the workmen years' service. They were now to have no were allowed to proceed as they at present pensions, and it was in his opinion that it occasionally did, it would strike at the was not necessary to give learned persons prosperity of the manufactures and com- in such places retiring pensions. If a man merce of the country. The coal-owners, it at the Bar received his employment by the was to be feared, would not be able to year, he had a precarious income, and was supply the markets adequately with coals subject to various accidents. He might until next spring, if they had to con- lose his health, become old, or might lose tend with such combinations; but their his business, without any fault of his,and he inclinations and their interest both in- must be exposed to every accident, physiduced them to furnish an ample supply, cal and moral, and to all the changes which as the reduction of price ought to cause those who followed the profession of the an increased consumption which the coal-law so well knew themselves to be liable owners were anxious to meet. He should to. For these reasons every man of prumove, "that there be laid before the House a return of the prices in the London markets of seaborne coals, from the 1st of February to the 17th of October, 1831." The Earl of Falmouth had understood dence inade provision for his family, and when he came upon the Bench he was generally possessed of a considerable fortune. He would ask, why should not the Judges make provision for their families, either by laying up money, or by means of that most excellent invention of life-assurance? Why should not a man with a fixed income insure his life as well as a man who possessed a precarious income? In the case of a Judge, he could not see that there was any necessity for a retiring pension. If it should be found that the effect of this doctrine would be to prevent the getting of the assistance of men of sufficient ability and experience from the Bar, or if it should make men adhere pertinaciously to the gains of office after they were unfit for the adequate performance of their duties, then it would be fit that their Lordships should again send the Bill to the other House of Parliament; or rather, as this was a money clause, it would be fit that the other House should of itself revise this clause. He had to move that the Amendments be agreed to.-Ordered accordingly. EXCHEQUER COURT-(SCOTLAND.)] The Duke of Buccleuch wished to know if the noble and learned Lord would lay upon the Table of the House the returns for which he had moved, relative to the Exchequer Court of Scotland, they were, "An account of the number of cases in the Court of Exchequer in Scotland, distinguishing undefended causes, causes tried, defended causes tried, and causes compromised without any trial, for the last five years, distinguishing each year. The Lord Chancellor had no objection whatever to lay the papers upon the Table of the House. He should take the opportunity of his being upon his legs to advert to an observation which had been made relative to the amendment of the Bankrupt-laws themselves. A Commission had been sitting during the whole of the last twelve months, and learned Commissioners had been added to it, in lieu of those who had been promoted to the Bench. The Commissioners had entered into the most important questions of law - such as the law of debtor and creditor and the great subject of imprisonment for debt. They had collected a vast mass of the most important information from persons experienced both in law and in trade, and they had examined between 300 and 400 persons, so that they would be able to make a Report which would be the foundation of some of the most salutary alterations which ever were made upon such great and important subjects. He had been asked whether he intended to abandon the plan | of local jurisdictions--the plan of making justice more cheap and more accessible to all men. He would answer, that he intended to adopt the salutary suggestions of the present Chief Baron, and to submit to the Commissioners of Legal Inquiry the whole question of those local courts for the purpose of its undergoing the most thorough investigation. In six months or less, a very important Report would be made from the Commissioners upon the subject of the local court jurisdiction. The Earl of Hardwicke begged to ask his noble and learned Lord, whether it was his intention to make any improvement in the laws respecting creditors who avoided the payment of their just debts by leaving the country, and residing abroad. He now knew a person who resided at Boulogne for this purpose, though he regularly received an income of 800l. a quarter, from his property in this kingdom. The Lord Chancellor said, that the subject which the noble Earl had mentioned was one of the very highest importance, and it had received a due consideration from the Commissioners of Law Inquiry. It would be a very imperfect arrangement which did not provide for cases such as the noble Earl had mentioned. He (the Lord Chancellor) abstained from stating the principles upon which the Commissioners had proceeded; but he would say, that a more shameful, scandalous state of the law could not possibly exist, than that of which persons could avail themselves by going abroad, or living within the rules of the King's Bench, and thereby avoid the payment of their debts. He himself knew a man of 8,000l. a-year who lived in the rules in order to avoid his creditors. The expenses of law proceedings, those of the Insolvent Court, the discharge of prisoners, the expenses of debtors while in gaol, and those of collecting debts, amounted altogether to 600,000l. a-year, and all this was abstracted from the funds of the creditors. In addition to this the sum of 116,000l. a-year was spent in justifying bail. If the Report of the Commission of Law Inquiry was attended to, this sum of between 700,000l. and 800,000l. a-year would be thus swept away from such a useless direction, and added to the fund for the payment of creditors. Viscount Melville wished to take that opportunity of making an observation or two on the Court of Exchequer in Scotland. The reason why so small a number of cases right to tithes in kind could be claimed. The petitioners stated, that for the last 250 years the lands in their parishes had been exempt from tithes, except upon wheat, for which they paid a modus. Re were decided in that Court was, the system adopted of trying such causes in inferior Courts where it was usual to compound for penalties when prosecutions were instituted, the defenders were induced to enter into compositions, and to pay a com-cently, however, the right to levy tithes in position for the penalties, in order to save expenses. That was the cause of so little business being done in the Court of Exchequer. That power of compounding was one which ought not to be intrusted to an inferior Court, but ought to be under the control of the highest law officers of the Crown. That was a system which had grown up of late years. The Lord Chancellor said, the same system of compromise in revenue causes prevailed very much in the Court of Exchequer here also. The Crown neither gave nor received costs; and it was often thought adviseable to compromise. The revenue causes occupied but a very small portion comparatively of the English Court of Exchequer, the Judges of which tried other causes, and went the circuits. The Scotch Court, on the contrary, was entirely confined to revenue causes. The returns called for by the noble Duke (the Duke of Buccleuch) extended only to the number of causes tried in the Scotch Court of Exchequer in each year during the last five years. If the noble Duke pleased, this might be extended to twenty kind upon the whole land had been claimed, and legal proceedings taken to enforce it. He very much regretted that the bill which had been proposed on the subject of Prescription, and which would have put an end to so monstrous an evil, had not been passed. Mr. Warburton thought that any future measure introduced on this subject hereafter should be retrospective in its operation, because in the interval many claims would be made, and these would be the cause of much expensive and vexatious litigation. Mr. John Campbell regretted the loss. of the former bill the less, as he considered it very objectionable in several of its provisions. One clause in particular, which had been introduced by a right reverend Prelate in the other House of Parliament, was so exceedingly obnoxious that he could by no means have consented to it. The Petition was ordered to be printed. REFORM.-PETITIONS.] Mr. Hume presented a Petition from the Council of the Birmingham Political Union respecting the late rejection of the Reform Bill. He said that this petition had been sent to his hon. and learned friend the member for Kerry, and he presented it on behalf of that hon. and learned Gentleman. He took that opportunity of expressing his opinion in favour of Political Unions. Much had been said upon the impropriety of suffering large bodies of men to assemble together for the avowed purpose of effecting a common object; but he was firmly persuaded that bodies of persons so united were highly useful, because they MINUTES.] Bills. Vestries; Lords Amendment agreed to. induced the people to seek by order, rea Returns ordered. On the Motion of Mr. HUME, the number Petitions presented. By Mr. EVANS, from the Journeymen enwell, for a Repeal of the House and Window Tax; from of Chichester for the abolition of the Pension List TITHES PRESCRIPTION.] Mr. Hume presented a Petition from the land-owners of Nether Staveley and Over Staveley, for a limitation of time beyond which no son, and steadiness of purpose, that which might otherwise be sought by riot, violence, and bloodshed. If there had been a Political Union in Derby, or in Nottingham, the riots which had disgraced those places never would have taken place. In that respect, the conduct of the Political Union at Birmingham deserved the approbation of that House. In that town, though the feeling was as strong as in any other part of the empire, not the slightest tumult had occurred. The petitioners |