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offence, forfeit and lose the sum of fifty pounds." The object of the clause was to protect the makers of flint-glass, who, paying a much higher duty than the greenglass manufacturers, were in the habit of converting their refuse materials into small medical bottles, in which they would be unequally competed with by the green-glass manufacturers, unless this provision was inserted.

The Chancellor of the Exchequer said, that, upon a review of the whole subject, and after consulting the parties interested in it out of door, who were, of course, much divided upon it, he was inclined to think, that a case had not boon made out for the insertion of this restriction, and he should maintain the bill as it stood.

The House divided: Ayes 28; Noes 66; Majority 38.

List of the Ayes.

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Clause rejected, and bill passed.

Registration Of Electors.] On the motion of the Attorney-general, the House went into Committee for the further consideration of the report of the Registration of Electors Bill.

On Clause 49, giving to the revising barristers power to give costs,

Mr. Aglionby moved an amendment to the effect that costs should be given in those cases only in which the persons objected to had previously been on the registry of voters.

Mr. Praed was inclined to support the amendment, but thought it would be advisable to fine the frivolous objector 10s., and not hear any of bis other objections till the fine was paid. If no better course were suggested he would move a clause to that effect.

The Attorney General expressed his doubts of the expediency of adopting either of the suggestions that had been made, but thought the subject well worthy of consideration.

The Committee divided on the amendment. Ayes 39; Noes 86; Majority 47.

List of the Ates.

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List of the Noes.

Adam, Admiral
Archbold, R.
Baines, E.

Blandford, Marquess
Bowes, J.
Briscoe, J. I.
Broadley, H.
Bruges, W. H. L.
Campbell, Sir J.
Curry, W.
Darby, G.
Elliot, lion. J. E.
Filmer, Sir E.
Graham, Sir J.
Grant, F. W.
Grey, Sir C.
Hardinge, Sir II.
Hastie, A.
llobhouse, Sir J.
Hodgson, R.
Hogg, J. W.
Hoskins, K.
Howard, P. II.
Hurst, R. H.
James, W.
Knight, H. G.
Labouchere, H.
Langdale, hon. C.
Lefevre, C. S.

Mackinnon, W. A.
Mildwav, P.St. J.
Miles, P. W. S.
O'Ferrall, R. M.
Palmerston, Viscount
Pendarves, E. W.
Perceval, hon. G. J.
Philips, M.
Phillpotts, J.
Polhill, F.
Ilice, rt. hon. T. S.
Rolfe, Sir It. M.
Rushbrookc, Col.
Russell, Lord J.
Sheppard, T.
Sibthorp, Colonel
Smith, R. V.
Sugden, Sir E,
Surrey, Earl
Troubridge, Sir E.
Turner, E.
Vere, Sir C. B.
Waddington, H. S.
Wilbraham, G.
Wood, G.
Wood, G. W.


Parker, J.
Pryme, G.

Loth, J.

Clause agreed to.

Dr. Nicholl proposed the insertion of clauses providing that the revising barristers shall be enabled to reserve cases for the opinion of the superior courts of common law, which cases shall be heard in the vacation after the Michaelmas term next ensuing; that, in the mean time, the revising barrister shall give his own opinion on the case, and shall send that opinion to one of the superior courts at Westminster, which shall hear counsel on the case, and that the decision of such court shall be final.

The Attorney General objected to the clauses. He felt as strongly as any one the necessity of some court of appeal from the decision of the revising barristers, for the purpose of attaining uniformity, but it was clear, that this would not be the proper court of appeal. He had the most sincere reverence for the judges of our courts at Westminster, but he should be most reluctant to refer to them questions of a purely political nature. It was essential that the administration of justice in Westminster-hall should remain without picion; but it would be impossible to lire even the most upright of judges some suspicion in the minds of one


upon to decide questions of a political nature. Besides, the courts at Westminster were already so overwhelmed with their own business that it was out of the question to impose any extraneous business on them. He hoped it would be part of the object of the right hon. Baronet the Member for Tamworth to provide a proper and effective court of appeal. Such an object had formed part of the plan of the hon. Member for Liskeard. He had waited with great anxiety to hear what the right hon. Baronet had to propose on this point, but he could not consent for a moment to the present proposition.

Sir E. Sugden was inclined to support the clauses. The questions which would come before the judges would not be political questions,but essentially questions of property, which would very fitly come before the superior courts of law. He did not scfjthat the additional weight of business would materially inconvenience the judges, nor did he see, that their decisions would for a moment be regarded with suspicion. He was not himself aware of any pressure of business on the courts at Westminster which could be regarded as other than a merely temporary pressure. If the judges were liable to be stigmatised for an incidental decision which might happen to be unpopular, how hard would be the case of those who should be appointed for the sole purpose of deciding appeals in those cases. The opinions of the latter would be in no degree respected, and they would be liable to be regarded as mere political partisans. If the hon. Gentleman pressed the clauses to a division, he should vote with him, but he should suggest to him to postpone them to a future state of the bill, when they might be more advantageously discussed.

Mr. Warburton had no respect for the decisions of judges on political questions, particularly when lie recollected how the rights and properties of corporations had been gradually undermined by decisions of the judges of the land. He thought the rights of the people and the privileges of the House would be greatly endangered by making the judges a court of appeal on questions of this kind.

Mr. Praed observed, that a great number of the questions at present decided by the courts of laws at Westminster were of a political character, yet the decisions of the judges in such cases were not regarded with suspicion. A great many new questions of a political character had been

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Schools (scotland) Bill.] On motion that the report be received,

Mr. Qillon moved, that the report be ■ received that day three months.

The Chancellor of the Exchequer said, that this bill related merely to forty-one Highland schools and he had no objection to a clause to make those forty-one schools subject to any general measure that might be subsequently adopted.

Mr. Hume thought it would be better not to press the measure during the present Session.

Mr. Gillon said, he would withdraw all opposition if the Chancellor of the Exchequer would undertake that the money should be under the control of the treasury, instead of being placed at the disposal of the Established Church of Scotland.

The House divided on the original molion. Ayes 37 ; Noes 12.—Majority 25.

List of the Ayes.

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Wednesday, July 18, 1838.

Minutes. J Petitions presented. By Mr. Maclkan, from Glasgow, to take Foreign Commerce into consideration. —By Mr.W. Noil, from Burley (Rutland), to discontinue the Grant made to the College of Maynooth.—By Sir R. I.voub, from the Clergy of Winchester, against the Parochial Assessments Bill.

Western Australia.] Sir G. Grey moved the second reading of the Western Australia Bill.

Mr. Hindley would suggest to the hon. Baronet whether it was fit in the present state of Australia to continue till 1841, as this bill proposed to do, the powers which certain individuals—the commissioners— already had. He also thought the aborigines ought to be protected, and that a clause should be introduced by which a certain portion of land should be appropriated to native inhabitants. He threw out these suggestions to the hon. Baronet, and he hoped this bill would be so framed in Committee as to meet the cases to which he had adverted.

Sir George Grey said, that measures had been taken for protecting the aborigines, which he hoped would prove satisfactory to the hon. Member.

Mr. Hume said, when this establishment was commenced, the House received a pledge, that no establishment should be charged on the consolidated fund ; instead of which there would be a vote proposed in the course of a few days for 12,000/., whilst there were only 2,000 inhabitants. This was one means of robbing the people of England to keep up an establishment. There was no necessity for a governor and all the Other paraphernalia which were found here. It Appeared to him, that the Colonial Department got money a great deal too easy. Here was a grant of money as large as could be required for a colony of 60,000, or 70,000 persons. He had no doubt the lion. Gentleman at the head of this Department found the office as it now was, but if he dealt fairly with the people of England, he would make the parties in the colony contribute to their own expense, instead of which the colony consisted of persons supported principally at the public expense. Bill read a second time.

Recovery Of Tenements.] Mr. Aglionby moved, that the Report on the Recovery of Tenements Bill should be further considered.

Sir E. Sugden wished to know whether it were the intention of the hon. and learned Member to press the bill further during the present Session. The reason he asked that question was, the absence of several country Gentlemen who were anxious to take part in the discussion on the bill.

Mr. Aplionby said, that it certainly was his intention to press the bill forward with all the energy he was possessed of, as it had already been postponed for three different Sessions in consequence of one of the most uncalled-for oppositions, that' was ever heard of.

Sir E. Sugden said, that such being the case, he felt bound to more, that the bill should be re-committed that day three months. He was sure, if the House wished to keep well with the country, it would not pass the bill, as it gave all the advantage to the rich and none to the poor. That might do very well in Turkey; but it would not do in a civilized country. According to the wording of the bill before the House, the very nicest points of law would be submitted to the consideration of two justices—men, who of necessity, were almost unacquainted with the laws of properly. The very drat use which would be made of the bill, would be the oppression of the poor, who were now in tlx enjoyment of wuoies or manor*. No doubt a great number a( poor persons would he immediately tinned out of such enjoyment, as, will) lhu s»»i»lao<e of two justices, llitfi might he dune, at an i-xt*use of Oom 3i. iu 4t. The object of this bid was, to ujvts llie puwer ul turning out at the will of the Undluid *r*ry humW* Uu»fH, and wilbnul my ex

pense to the landlord. He certainly did not expect such a measure as this would come from what was called the Liberal side of the House. The rights of the poor would be trampled on by this bill. He believed the bill proceeded altogether on a wrong principle, and he should give it his most decided opposition. He thought the hon. Gentleman ought to give more time for this bill to be circulated amongst the people, in order that their opinions might be ascertained. He could not see what necessity there was, for such desperate haste, to inflict so serious an injury on the lower orders of the people for the benefit of the rich.

Sir E. Wibnot thought the evils anticipated by the right hon. Gentleman (Sir E. Sugden^ had been grossly exaggerated. He would be the last man in the empire, to give the magistrates a power which they ought not to have. He agreed with the right hon. Gentleman, that magistrates ought not to be called on to decide on intricate points of law, where tenants in bail and teuants in fee and settlements were in volved. But they were to be called on to decide on merely trivial matters. The country, so far as he was aware, was almost unanimous in thinking this a fair bill.

Mr. Ag{ionby congratulated himself on the speech of the right bon. Member for Ripon, for had he spoken at an earlier period, he (Mr. Aglionby) might not have been able to control his remarks on the misrepresentations which the right hon. Member had made of this bill, as well as on the tone, manner, and expressions used towards himself as a public individual. He was willing to throw himself upon the country and be tried by it, whether he was not as little likely to introduce any law savouring of Turkey, as the right hon. Member himself. He admitted the statement of the right bon. Gentleman, that the present was not the same bill that had been three times postponed ; but why was it not Bo? Because the Select Committee to which the bill had been referred, had altered it. The bill in the present shape was not so favourable to the poor as when it was originally introduced, bereuse under it the magistrates were made judicial instead of ministerial. He felt bound to deny the statements of the right In.ii Member, ihut he had acted unjustly luuuiils Iiih poor man, his object was to protect him ajjuinst the oppression of the

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