a

if so, whether it would be soon laid sequence of the report of the committee before the House? The subject had been of that House upon the subject, he apbrought under the consideration of the prehended that it was the duty of the hon. chief justice, ever since September last, gentleman to have correctly informed and it was time that something should be himself respecting the fact, as indeed it done.

was the duty of every man to collect ac-. Mr. Addington was not able to inform curate information before he ventured to the hon. gentleman what steps had been accuse another. If the hon. gentleman taken.

had inquired, he would have found, that Mr. Bennet wished to know whether the report alluded to was under the conthe chief justice had made any communi- sideration of the judges of the court of. cation on this subject to the office for the King's-bench, and that since the report home department. Perhaps, also, the was made, many inportant improvements: hon. gentleman could tell him whether had taken place in the management of the any, and what steps were taken to reform prison. For instance, the principal ground the abuses that existed in the King's- of complaint in the report referred to bench prison? He believed that little what were called indulgencies, namely, substantial reformation had taken place. the permission of prisoners wives and

Mr. Addington stated, that no commu- children to sleep in the prison. This had nication had been made on the subject to been removed, by which no less than 280 the office to which he belonged.

persons were excluded. None were now

allowed to remain in the prison, as he was HOUSE OF COMMONS.

assured, one woman only excepted, who Tuesday, February 6.

was the attendant of a sick prisoner. As

to the means of accommodation which The Prince Regent's Answer to the prison afforded, it contained 192 THE ADDRESS OF THANKS ] Lord rooms, and the number of prisoners at preGeorge Beresford reported, that the sent was about 500. Then, with regard to Prince Regent having been attended with drainage, to which the report of the comtheir Address of Thanks, was pleased to mittee objected, measures had been taken give the following Answer:

to obviate that objection ; the surveyor of “Gentlemen;

the board of works having been to exa“ I thank you for this loyal and dutiful mine how the evil was to be remedied, Address. Having with the aid of parlia- and that remedy would be applied with ment, and the support of his Majesty's all practicable expedition. Another compeople, surmounted so many difficulties, plaint of the committee was, that the I look forward with confidence to main- marshal of the King's-bench held three Lain, unimpaired, those advantages which offices, while the care of the prison alone have been acquired by the energies of the was sufficient to occupy his attention, and pation, and which the wisdom of its coun- therefore two of those offices had been cils will, I trust, long preserve.- The since given to other persons. The objecHouse of Commons may invariably rely tion also of the committee as to the diffiupon my exertions being directed, in culty of some prisoners in finding acconcert with them, to promote the public commodation immediately upon their welfare."

committal, the marshal was taking mea

sures to guard against in future. The STATE OF THE KING's Besch Prison.] marshal could not, it was obvious, enlarge Mr. Law expressed his surprise and regret the apartments of the prison, but the to hear of the observations which he un- measures he was adopting, promised to derstood an hon. gentleman had thought avert the recurrence of any inconvenience proper to make yesterday with respect to in future, as to the accommodation of prithe King's-bench prison, and upon which soners upon their committal; but the diffihe felt it due to justice to put to that culty of making such provision, the House gentleman some questions, especially as would feel, when informed that no less he was assured that the hon. gentleman's than 307 prisoners had been committed observations were unfounded. Before that to the King's-bench within the last term, hon. gentleman undertook to assert, that 63 of whom were committed in one day, no improvement had taken place in the With respect to the complaint of the comconduct of the King's-bench prison, and mittee as to the prevalence of drunkenthat no proceeding had been taken in con- ness, he understood that such an offence was punishable by the rules of the prison, , alteration whatever was made. With resand that it very rarely occurred, particu- pect to the disposition of the judges to atlarly of late. Then as to the want of tend to the report of a committee of that medical attendance, to which the com- House, that might be judged of from this mittee had referred, he had the satisfac- fact,-that although the report of the tion to state, that medical aid was gratui- committee of 1792 respecting the abuses of tously supplied by the marshal to all pri- the prison under consideration was laid besoners who could not afford to provide it fore the judges of the King's-bench, the sucfor themselves, and that so far from any cession of judges since that day had so scanpeculiar mortality prevailing in the prison, dalously neglected their duty, that that rethe average of deaths within the walls of port was never acted upon—that no prothe King's-bench had been for years consi- ceeding whatever was taken in consequence derably less than that usually found among of its suggestions. As to the state of the the same number of persons out of prison. King's-bench prison, he could assert from Under these circumstances, of the accuracy personal observation, that he never examinof which he was assured by Mr. Lush ed any part of that prison without witnessington, who was one of the members of ing scenes shocking to humanity—that the committee, he felt himself warranted its general condition was quite uniquem in stating, that the assertion of the hon. that, in fact, nothing like its abuses was gentleman was unfounded, namely, that to be found in any prison in modern Euno improvement had taken place in the rope. It did not therefore become the King's-bench prison since the report of hon. gentleman, for various reasons, to the committee. He had farther to state, come forward and make any attack upon that when Mr. Lushington last visited the those gentlemen who undertook the perKing's-bench prison, and had all the rooms formance of a public duty merely from a thrown open to him, to ask every prisoner regard to humanity. whether he had any cause of complaint, Mr. Law replied, that he had made the he was uniformly answered in the nega- observations which had just fallen from tive. After this, he appealed to the him, in consequence of the hon. gentleHouse whether the hon. gentleman's ani- man's having used the expression that no madversions upon the conduct of that improvement had been made in the state prison were justifiable, and he would ask of the prison, knowing, as he did that very the hon. gentleman upon what informa- great improvements had taken place, he tion he thought proper to ground such could not but believe that the hon. gentleanimadversions? Reverting to the report man had not made the inquiry he ought of the committee, he felt he had shown to have done. As to the marshal's salary, that the principal grounds of complaint in the judges had no control in the appointthat report were already remedied by the ment of it; and of the three offices held act of the marshal himself, and whatever by him, two had been given to other pergrievance remained would, he was satisfied, sons. be completely done away by the judges of the King's-bench, who had the report FARMING Stock Bill.] Mr. Lockunder their consideration.

hart rose to move for leave to bring in a Mr. Bennet said, that he did not make Bill “ to regulate the Sale of Farming the observations alluded to by the hon. Stock and Crops taken in execution.” gentleman without due inquiry. What he He said, that by the common law, the shestated was, that no great substantial im- riff, under a writ of execution, did not provement had taken place in the King's- merely take the corn thrashed out, but he bench prison since the report of the com- also was empowered to take corn in the mittee of which he had the honour to be sheaf, hay, and straw. Now, this was dia member, and that statement he now re- rectly contrary to the provision so genepeated. He did not say, that no improve- rally'inserted in leases, that the hay and inent whatever had been made in the con- straw derived from the farm should be spent duct of the prison, but the great objection on it; besides which, the lessor's right which the committee felt and expressed, under this provision attached on the prorelated to the manner in which the marshal perty long before the creditor could have any was remunerated, namely, by extracting claim against it. It was true that the landhundreds a-year from the poor prisoners lord might perhaps gain some redress in equithrough tickets for rooms &c. and that ob- ty by filing a bill for an injunction; but bejection still remained. In this respect no sides that this was neither pleasant nor

LATE

economical, it was a remedy that generally applied to the discharge of the salaries of came too late. He therefore proposed to the judges or other officers in the establishprevent the sheriff selling hay and straw ment of such courts respectively; and the under the writ of execution, where a pro- surplus, if any, be carried to the consolivision was contained in the lease that such dated fund of Ireland.” On the proposi. articles should be consumed on the pre- tion of Mr. Bankes, the 11th resolution mises, by introducing a bill to regulate was also read, viz. resolved, that it is the the sale of farming-stock in executions.- opinion of this committee, that a bill or Leave was given to bring in the bill. bills be brought in, to carry into effect

such of the said resolutions as may require SINECURE Office of THE

to be provided for by parliament." EARL OF BUCKINGHAMSHIRE.) Mr. H. Mr. Brougham asked, whether, if there Martin asked, whether it was the intention was not any existing or vested interest in of ministers to act upon the resolution of the place under consideration, it was the the House of Commons, on the 31st of intention of ministers to make any new May, 1810, with respect to the place held grant of that place? by the late earl of Buckinghamshire, in Lord Castlereagh said, that he was at which place that resolution recommended present unable to give the hon. gentleman a new regulation upon the expiration of any answer, but that he would inquire. the vested interest ?

Mr. Brougham observed, that from the Lord Castlereagh said, that he was not Report of the finance committee of prepared to answer the hon. member's 1808, there was a vested interest in the question, but that he would inform himself place alluded to only on the part of lord upon the subject.

Buckinghamshire and the two sons of Mr. Martin stated, that if it was the in- lord Hardwicke. Now if any new grant tention of ministers to discard the re- of the place had been made, it must have corded resolution of the House, he would taken place either between the years 1808 take the earliest opportunity of submitting and 1810 or since that period in defiance a motion upon the subject.

of the resolution of that House. Mr. Horner expressed a hope, that Mr. Peel said, he was certain that no ministers would not, in defiance of a reso grant of this place had been made since lution of the House, attempt to make any 1812, nor he believed since 1810. new grant of an office, the profits of which Mr. Brougham asked the right hon. were so large, while the duties were insig gentleman, whether, if all vested interest nificant.

in the place were expired, it was his inMr. Brougham observed, that according tention to bring forward a bill in conforto the third report of the finance commit- mity with the resolution of the House ? tee, it appeared that the office alluded to Mr. Peel replied, that he had formed was vested in lord Buckinghamshire, with no intention on the subject, as he was not reversion to the two sons of the earl of indeed aware of the death of the Earl of Hardwicke.

Buckinghamshire until he had that night Mr. Horner stated, that the two sons of entered the House. the earl of Hardwicke to whom the report alluded, were now no more, and therefore,

HOUSE OF COMMONS. he concluded, that the place under consideration was quite vacant.

Wednesday, February 7. The 10th resolution of the 31st of May

PROPERTY Tax]

Mr. Lambton pre1810, was then read, viz.“ resolved, that it sented a petition from the farmers and is the opinion of this committee, that the occupiers of land in the Middle and office of clerk of the Crown and prothono- West Divisions of Chesterward in the tary of the court of King's-bench in Ire county of Durham, praying for the repeal land, the office of clerk of the common of the property tax, also of the reduction pleas in the court of Exchequer in Ire- of the assessed taxes, and some regulaJand, and prothonotary of the common tion respecting tythes, all of which bore pleas in Ireland, should after the expira- so oppressively upon agriculture. The tion of the interests now vested in posses. hon. gentleman took occasion to express sion or reversion in the same, be regulated; his wish and hope, that this petition would and that the emoluments of the same, be- be followed by numerous petitions of the yond the amount of such salary as may be same character, in order to convince miprovided for such offices respectively, be nisters that the people of England would not, among their accumulated distresses, / to assert it, although the assertion had been endure the pressure of taxation for the made by a great authority in another place. express purpose of supporting unprincipled The apprehension was, indeed, quite tyrants upon their thrones whether those chimerical and groundless ; nay, if it were tyrants were the Bourbons of Spain, or not from a consideration of the great the Bourbons of France [Hear, hear!] authority by whom it was expressed, he Ordered to lie on the table.

could hardly notice it with respect. The

only view of the bill was, to place the Freehold Estates Bill.] Sir Samuel simple contract debts, in the same situaRomilly rose, pursuant to notice to move tion with bond debts, and to compel a for leave to bring in a bill which had, he debtor's property to pay all fair claims said, already passed that House twice, and upon it, and yet, to this indisputably just Upon the last occasion without any division proposition, the objection to which he upon it, or even a single objection against had adverted was put forth in the most it. Therefore it might be conceived that formidable manner. By an act of 1807 there was no necessity to make any obser- the same remedy was given against the vation at present in support of the motion. freehold property of persons in trade, But yet, from some observations which which he proposed to extend generally, had been made upon the merit of the and yet no inconvenience, such as he had measure, and from the nature of the remarked upon, was ever found to result objections pressed against it elsewhere, from that act. No decree of a court of be felt himself called upon to occupy the equity was ever found necessary to faciliattention of the House for a few moments. tate the disposal of the freehold property, of This was the more necessary lest the ob- traders. Therefore he was warranted in jections alluded to should have any effect concluding, from experience as well as upon some minds in consequence of the from law, that the objection alluded to authority from which they proceeded. The was chimerical, was perfectly nugatory. object of the bill he had the honour to Another objection stated to the measure introduce was simply this, that freehold was, that it did not go far enough, that it property should be subject to the payment did not include copyhold estates. This of simple contract debts that those objection, however, came not from the who were perhaps the object of a testator's friends but from the enemies of the bill, capricious bounty should be compelled to who probably wished to impede its prodischarge that testator's debts instead of gress by involving it in additional difficulJiving in splendour upon his property, ties. For it was notorious that according while his creditors were, probably suffering to law copyhold estates were not liable to distress and reduced to bankruptcy. the payment of any debts, even during Against such a proposition he could not the life of the debtor, and yet by these imagine any valid objection. If in any objectors it was desired to subject such measure to remove existing evils any estates to those debts after his death. greater evils were likely to be induced, he | But what was the obvious wish of these would admit that it was the duty of the objectors ? They knew that if their prolegislature to pause and abstain from position were adopted, a cry was likely to such a remedy, in order to avoid the con be raised against the measure; that it was sequences. But what were the conse- a very bold innovation ; that it proposed qences apprehended according to a state- to interfere with the rights of every lord ment elsewhere? Why truly, that if the of a manor, and probably the old clamour bill were adopted the person upon whom about reverence for antiquity, and veneany freehold property devolved could not ration for the habits of our ancestors, dispose of such property without a decree would be called into action against the in a court of equity, or without being bill altogether, to render the opposition to fully satisfied that all the simple contract it more formidable. Another objection debts of the testator were discharged, and to the bill, and he felt it indeed only neit was asked whether it would be fair cessary to state it, like the others he had to subject the disposal of freehold pro- mentioned, in order to demonstrate its perty to such an obstacle or incumbrance? futility. It was urged, that the effect of But the fact was, that no such consequence the bill would be to afford an opportunity was to be apprehended, and he believed for the establishment of demands against that no member of the profession to which freehold property, upon mere parole evihe belonged in that House would attempt dence, and thus offer an encouragement

a

to perjury. But to obviate this objection, been attempted; for sorry he was, that it was only necessary to state that parole notwithstanding all the boasts respecting or verbal evidence would be sufficient to our system of judicature, the practice of establish any claim upon a debtor in-his our laws was most grossly defective in lifetime and why not after his death? justice, and not at all calculated to the Verbal evidence was sufficient to esta- state of society in which we live. To say blish any claim upon personal pro- nothing of the circumstance that only half perty, and why not then upon real pro- of a debtor's land could be taken in exeperty? If indeed such evidence were in- cution by his creditor, it was notorious sufficient, then a most material change that a debtor could always protract the must be made in our law, affecting alike payment of his debts at pleasure, by delays all descriptions of property or contract, profitable only to the profession, by writs in which it was at present deemed valid. of error, sham pleas, and other tricks too But the objection referred to was nuga- numerous to be mentioned. It was indeed tory. Another objection was, that if the most desirable that they should be all abobill were adopted, young men entitled to lished ; and if he had the power to do so, freehold property would be furnished with or it were possible, he should be most undue facilities of obtaining credit, and happy to see such a measure carried into thus led to ruin. But this also was chi- effect. At present he had only to promerical; for it was notorious, that those pose the single measure before the House, who were likely to give credit or lend which was, if possible, more desirable at money to supply the extravagance of this moment than at any former period, young men, were in the habit of securing both on account of the aggravated disthemselves by bonds, which always affect tresses of the country, and because we ed the freehold property; and the view of had lately adopted a most important altethe bill he proposed was to put simple ration in our civil policy, by the introduccontract creditors, whose claims were ge- tion of the insolvent debtor's act-a meanerally more just, upon the same footing. sure which at the time he thought benefiAnother objection which proceeded from cial, and continued to think so still. But the friends of the bill, but not members justice ought to be rendered to the creditor of the profession, was, that it was not con- as well as the debtor, which he feared was stitutional -- that it interfered with the not the case under the present insolvent rights of juries. If it would drive parties act; though, when it passed, he understood, into equity, he should indeed allow, that that some improvement was to have been this was an objection to the measure; and made in it respecting the interests of crehe was the last person who would wish to ditors. He concluded by moving, “ That put parties to the delay or expense of a leave be given to bring in a bill to subject chancery suit. This objection had been the freehold estates of persons who die inurged, as if the remedy proposed were to debted to the payment of their simple condrive parties to a bill in equity, instead of tract debts.”- Leave was given.

, obtaining redress by action: but this was not the case ; the object was to afford re- BILL TO RESTRAIN GRANTS of Andress by action, instead of driving parties nuities.] Mr. Preston moved for leave to a bill and action too.

At present, to bring in a Bill to restrain the Grants of. whenever any difficulty occurred, the Annuities on the terms of being re-purparty, after an action, was frequently chaseable. The hon. and learned member driven to a suit in equity : by the present enlarged upon the necessity of preventing measure, the remedy in equity would not this mode of raising money, which was in be taken away indeed, but the remedy by its consequences so injurious to the inteaction would be added.--He should touch rests of the community, and had at length on one more objection before he con obtained a frequency which rendered it cluded : it had been suggested, that this high time to call for legislative interfewas not a single measure, but that the rence. proposers meant to follow it up hy a whole Mr. Serjeant Onslow objected entirely course of experimental alterations. This to the measure proposed, and thought it certainly was not the case, nor did he would be only an augmentation of the think it possible at present. Most happy evil complained of, by forcing every pershould he be, if he could carry the reform son in distress to borrow money on the of the laws of debtor and creditor to a pernicious terms of an irredeemable anmuch greater extent than had hitherto nuity. He was persuaded that all legisla

t