nent fixed duty; but he proposed to com- List of the Minority. Cave, Otway Morpeth, lord Milton, lord COTTON Warburton, H. TELLERS. Hume, Joseph FACTORIES' REGULATION BILL. Mr. Hobhouse moved for leave to bring in a Bill" to amend the law relating to the employment of Children in Cotton Mills and Factories." Mr. Bright objected to the bill because its provisions related to the places around London, but did not touch London. He thought the whole system of police ought to be the same in as around London; and he did not agree to a project for taking the local authorities out of the hands of the persons now possessed of them, and placing them in the hands of the Secretary for the Home Department. ་ Mr. Secretary Peel said, that the anxiety and trouble he had suffered on account of this bill made him desirous of seeing the question decided. Towards the close of the last session the committee made a unanimous report, on which the present bill was founded. That report had been printed, and every body had full notice of what was intended to be done. The bill had been brought in the week after the Catholic Relief bill was passed; So that it had now been a sufficient time before the public. If the city of London had not been included, it was because the committee had reported, that the state of the nightly police there was much superior to that in Westminster. No less than seven or eight committees, from the year 1763 to the present day, had enforced the fitness of some measure of this kind, and it was, therefore, high time that it should be introduced. The increase of crime in London and Middlesex, as appeared by returns from the Old Bailey, further showed the necessity for it; as, between 1822 and 1828, the prisoners for trial at those sessions had increased from two thousand five hundred and thirty-nine to three thousand five hundred and sixteen in the year. He apprehended that the general feeling of the metropolis and its Mr. Peel admitted, that the principal vicinity was in favour of this bill, in which factories in Lancashire were extremely well he had come to the determination of fixing managed; but there were smaller factories the maximum of contribution, in the difin the other parts in which abuses ex-ferent parishes, at 8d. in the pound steristed. By the existing law, magistrates ling upon the annual value of property. who were proprietors of cotton mills were After a short conversation, the bill went disqualified from acting; yet other magis- through the committee. trates were not empowered to visit their factories. He thought it might be desirable to enlarge the jurisdiction of magistrates in this respect. Sir G. Philips said, that the condition of the persons in the factories in Lancashire, both weaving and spinning, was superior to those in other employments. The combinations which had existed amongst artisans in that county, for the purpose of procuring an increase of wages, were set on foot, not by those who had low wages, but by those who had the highest. Mr. R. Gordon said, it had been proved before a committee of the House, that the children in factories were severely worked; and that their appearance was so squalid, that they might be distinguished from other children in Sunday schools. Leave was given to bring in the bill. METROPOLIS POLICE BILL.] Mr. Peel moved, that the bill be recommitted. ANATOMY REGULATION BILL.] Mr. Warburton moved the third reading of this bill. Sir C. Forbes said, he must oppose the passing of the bill. He had many objections to it. He understood there was a regulation by which the friends of sick Mr. Lennard objected to the motion, on people in the hospitals were only perthe ground of the absence of several mem-mitted to see them once a week, on Tuesbers, who were interested in the question. day. So that a husband might inquire after his wife's health on one Tuesday and Mr. Peel said, he had consented to the LAND IN SION COLLEGE.]. The Lord Advocate said, he had to present a petition from the General Assembly of the Church of Scotland, to which he begged the attention of the House. Some years ago, a committee of the General Assembly of the Church of Scotland was appointed for the purpose of collecting and recovering various manuscripts connected with their ecclesiastical establishment: and, among other objects to which this committee were required to direct their attention, they were specially instructed to print the ancient record entitled "The Book of the Universal Kirk of Scotland." It was discovered that this book, extending to three volumes, was extant in the library of Sion college, London; but, after repeated applications, the governors of the college not only refused to restore the volumes, but even to permit a copy of the work to be taken, or to allow a collation, with the partial Abbreviates of it preserved in Scotland; the college stating, that they should not be justified in so doing, under the deed of trust by which the possession of these volumes was acquired by the college. Now the history of these three volumes of records was this-it appeared that they, together with other documents of a similar nature, had been, for some time prior to the Revolution, intrusted to private individuals, ANATOMY REGULATION BILL.] The for the sake of secrecy, the safety of them Earl of Malmesbury said, a very important depending upon it not being known where bill had been brought up that day from they were. The three volumes fell into the Commons, and, in moving that it be the hands of the hon. and rev. Archibald printed, he disclaimed being a supporter Campbell, and, about the year 1733, that of it. He had great doubts of the pro- person wishing to make the most of them, priety of legislating on subjects of this na- offered to restore them to their rightful ture. The bill had a very long title, but owners upon certain terms. These terms he believed it was shortly a bill for regu- were the most unreasonable imaginable. lating schools for anatomy. It was a Not only was the sum he demanded exquestion of very great importance, and ex-tremely large, but he required also, that tremely unpopular out of doors. For his own part, in considering it, he felt a sort of conflict between the head and the heart on the subject. He hoped due notice would be given by any noble lord who meant to move the second reading of the bill. The noble lord then moved, "that the bill be printed."-Agreed to. On the motion of the earl of Shaftesbury, it was read the first time. HOUSE OF LORDS. Wednesday, May 20. the book should be published under his superintendence, and with the understanding, that no member of the church of Scotland was to be suffered to revise the sheets as they passed through the press. It was, of course, impossible that the church of Scotland could accede to these humiliating terms; and upon their refusal Mr. Campbell executed some deed of trust, by which he conveyed the books to Sion college, on condition, as it was supposed, that neither the originals nor a copy of them should be seen by the church of Scotland. Now, the commissioners RECORDS OF THE CHURCH OF SCOT- merely asked for an authentic copy of HOUSE OF COMMONS. Wednesday, May 20. these books; but the fellows of Sion College, had refused to accede to their request. The petitioners stated, that the donor of the books to the college could have no legal right to them, and that the documents are theirs. They do not reflect upon the fellows of Sion College; but they deem it necessary, as a last resource, to make an application to parliament by petition, in the hope that some means may be devised by the wisdom of the legislature for relieving the members of Sion College from the restraint under which they feel themselves, and enabling them either to restore these ancient records to the church of Scotland, or to allow an authentic copy of them to be taken. He would only add, that he trusted the Bishop of London, and others connected with the college, would be induced to view this matter in its proper light; and that, now that publicity was given to the subject, the strong expression of public feeling would show then, that they ought not to abide by the absurd conditions of a man who had no legal right to the property he gave. ture, and for the reformed religion, would prevail with him to grant the request of the petitioners. Mr. H. Drummond said, there could be no doubt that the claim of the petitioners was founded in justice, and he hoped that some motion would be brought forward, which would elicit the feeling of the House on the subject. If the public mind were kept alive to it, the college would be compelled to perform this act of justice. Lord Milton said, that if the college refused to accede to the request of the petitioners, he thought that the House, without improper interference, might inquire into the means by which a remedy might be applied to the case. The Lord-advocate hoped, that the publicity which would now be given to the transaction would render any further step unnecessary. If not, he should feel it his duty to bring the matter before the House in another form. Ordered to be printed. HOUSE OF LORDS. COURT OF CHANCERY SUITORS IN EQUITY BILL.] The Lord Chancellor moved the third reading of this bill. The Earl of Eldon rose to make a few observations on the bill. His lordship Sir J. Mackintosh said, he trusted that hon. members would see that this was a case of the greatest hardship on the church of Scotland, and that the petitioners had been compelled to throw themselves on the House and on the public for redress. He thought there must be some fact un-read the original bill, and particularly alknown to him, which made the fellows of Sion College refuse that which, in common literary courtesy, was usually granted to every historical inquirer. It was said, that hard conditions were annexed to the deed by the donor. But, who was the donor? A man who could not have come honestly by the property he gave, and who, having failed in his attempt to extort money from the church of Scotland, conveyed the property to Sion College, under conditions which he hoped would hide his fraud. Could the fellows of Sion College feel themselves bound by the condition of a deed, which every moralist and lawyer must feel was void from the beginning? He could not believe they would act thus. He was glad, however, the subject had been brought forward. " luded to that part of it which imposes new duties on the Master of the Rolls; and he then read the amendment, which exempts the present Master of the Rolls from the performance of those duties. He begged leave, he said, to call their lordships' attention to the clause imposing new duties on the present Master of the Rolls. Since the original bill was introduced, be had seen the Master of the Rolls, who had expressed to him his determination not to take upon himself the new duties he was appointed to perform. He would not enter into the question, how far a judge could be required to perform new duties; and whether he was right or not in refusing to perform such new duties. The question of right was, perhaps, difficult to determine at present; however, it was not necessary to refer to it, because, since the bill was introduced, a clause had been added, exempting the present Master of the Rolls from hearing pleas and demurrers, unless he thought fit. Their lord Mr. Fergusson said, that the college might at least give a copy of these documents. He could not help thinking, that if the matter rested with the bishop of London, the respect which that right rev. prelate was known to entertain for litera-ships probably knew that the present Mas ter of the Rolls was capable of getting and he made A. B. his executor, who through as much business as any person finding the business involved in diffi who ever sat on the bench. By the clause, culty, did not care to act in the office however, which had been introduced, he assigned him. Some of the creditors filed was to be exempt from performing these a bill to compel the administration; and new duties. He would not take on him if such a bill were not filed, a creditor self to say whether it was right or not to might file a bill for some purpose or other, bring in the bill; but he would say, that or an action might be brought against him, whoever might be Master of the Rolls, he and he might move for an injunction to had quite enough to do without adding to stay proceedings, or some creditor might his office any new duties. He had been file a bill, because the executor had paid acquainted with the court of Chancery for an inferior creditor before a superior credi fifty years, and knew that the Master of tor; or he might be obliged to answer to the Rolls had business enough. The no- a writ of devastabit; in any of these ble and learned lord who introduced the cases, in order to obtain any practical rebill had, with great ability, given an his- lief, a bill must be filed in Chancery. torical view of the business before the And when such a bill was filed, people court of Chancery, at least of the judicial were in the habit of expressing their sur part of it. Looking at the subject with prise, that such a suit was not speedily reference to the duties of the lord Chan- determined. They regarded it as one cellor, in that House and out of that House, suit; but it might so happen that there it became an important consideration for were a hundred creditors, and the validity their lordships', whether justice could not of the demands of every one of them must be more promptly administered, both in be ascertained before the assets could be the court of Chancery and in that House. disposed of; so that instead of one suit, The public were much indebted to the the case was, in fact, a hundred suits. learned lord on the Woolsack for bring- There was one case for every creditor; and ing the subject under their consideration. every legal demand must be ascertained He should say that he feared the learned before the Court could order the assets to lord's success would be doubtful, and he be divided. The administrative part of would suggest, that it would be better the business, was probably more difficult that the measure should be postponed; than the judicial. He would take the but he had no hope that it would be, and case of the duke of Queensberry as another therefore he would submit to their lord- illustration. If he had received one letter ships' consideration some observations re- concerning that case, he had received fifty, lating to the business of the learned lord complaining of delay, and grossly abusing who sat on the woolsack, where he had him. Many of those letters were from the honour to sit for twenty-five years; persons for whom, every one must have and to the business of the court of Chan- sincerely felt; but, what could he do? cery, over which he had presided for the That nobleman had made a great many same period. He entirely agreed with the leases which the heirs complained of as learned lord, as to the complaints made alienations. It had to be ascertained, by successive Lord Chancellors on taking whether they were alienations, and if they possession of their office, of delays in the were not, the leases were valid. The proceedings. Sir Thomas More, lord legatees called on the Chancellor to set Bacon, and all succeeding Chancellors, the leases aside. The tenants demanded had made the same complaint, and all that a portion of the property should be found that the delays could not be got rid reserved, to satisfy their claims, if the of in executing the duties of their office. leases were set aside; because the duke When he was a barrister in Chancery, and had covenanted with them to give them lord Apsley sat on the bench, an event valid leases, and they were entitled to subhad occurred which shewed what was the traction out of his property, if the leases administrative business of that Court. were not valid. The court of Chancery The judicial business of that Court had could not determine the validity of those been already explained, the administra- leases. That question was to be decided tive business he would exemplify. A per- by the court of session in Scotland; and son, for example, possessing large property, after it was determined by that court the died, having many debts, bond debts, decision was appealed from. A difficulty debts of judgment, and other debts, arose as to the nature of the appeal, and form in which it had come; it was necessary to send it back to that court, and till the Court and the House of Lords had decided as to the validity of the leases, the court of Chancery could not order the assets to be distributed. There was one exception reserving such a portion of the property as would satisfy the demands of the tenants, the court did pay out certain sums to the legatees. Another case, which was more administrative than judicial, was that of Mr. Thellusson. He had so tied up the property and the large estates he died possessed of, that it was impossible to say who was to take it. The executors found themselves involved in difficulty, and the property was thrown into Chancery, and the court of Chancery could not get it out. It would remain there until it was ascertained who was the person who was to take the property under the will; which might not be ascertained during this generation. A man might die without debts, but leave a large personal property in such a complicated condition, directing the trustees to lay out the property in some particular manner, paying the interest to some persons to whose children the principal was ultimately devised. This was a sort of case that had come before lord Apsley, the first time he took his place in the court of Chancery. An old lady, a peeress came into Court. She came to give her consent, that a sum should be paid out of Court, to the person who was to take some property after her decease. Lord Apsley told her he would not detain her; but she begged to be detained a little longer, as it was only eightytwo years since her cause had been in Court, and she wished to see how they proceeded in settling it. His lordship then referred to the case of an executor demanding an injunction as a protection against a creditor, which he would never grant until he knew how much property the executor had in his hands. There was great ignorance and great prejudice, on the subject of the court of Chancery. It would be some time before this prejudice was got rid of. Even the late lord Kenyon, who had practised the greater part of his life, at the Chancery bar, and who, when Master of the Rolls, thought fit to deal with the court of Chancery as other common law lawyers, told a plaintiff who was nonsuited, that he might go, abi in malam rem into the court of Chancery, He would ask the learned lord on the woolsack to take the matter into his consideration before he interfered with the jurisdiction of the court of Exchequer. It was a practice to have a judge of the court of Exchequer well versed in Equity; and unluckily there was at present no such puisne judge in that court. One of the judges of that court, with two Masters of Chancery, composed the standing commission of the court of Chancery. It was composed of a puisne judge and two Masters; excluding always the chief baron of the Exchequer, whose duties to the Crown compelled him to be absent. That jurisdiction had been much exercised during the time of lord Thurlow and lord Bathurst. It was his duty to speak with great respect of Masters of Chancery: he had known them to overrule the decision of the judge who sat with them: and their opinion was confirmed by the Lord Chancellor. No class of men were more unjustly censured than the Masters of Chancery; and it was a duty he owed to them, to deliver his sentiments on this subject. Returning to the subject of the Master of the Rolls, without undertaking to say what was the duty of the Master, he knew that under lørd Thurlow and the Lord Chancellor who succeeded him, he never had refused to sit for the Lord Chancellor. On seal days in particular, after the Lord Chancellor had sat in the morning, the Master of the Rolls had sat in the afternoon, and he and his learned friend (lord Redesdale) had proceeded to make motions before the Master of the Rolls till day-light. It had been the practice for the last fifty years to have one of the puisne judges of the Exchequer a good Equity lawyer. For this reason chief baron Thompson was put on the bench; this led to the appointment of chief baron Eyre, chief baron Richards, and the present chief baron. It was not his fault that there was not at present one of the judges of that court well-versed in Equity; he had wished to see the learned gentleman then at the table (Mr. Courtenay) take his seat in that court. The difficulties of equity practice might be known from the opinion of chief baron Eyre. He had failed, able as he was, in the execution of his determination to effect some improvement. The funds that were collected, and to be disposed of by private acts of parlia ment, and which could not be immediately distributed-the funds of various societies for which immediate owners could not be found, were all thrown into the court of |