[1064 they were prepared to produce the deed | Moreover, of these 1,197, there were only to prove the company a legal body; it 9 on which any argument was heard, and being understood that if they did not, they must take the consequence. Counsel, having hesitated, were allowed till five to-morrow to decide. HOUSE OF COMMONS. Tuesday, June 7. CONSTITUTION OF COMMITTEES ON PRIVATE BILLS.] Mr. Littleton said, that after all they had lately heard respecting the conduct of Committees on Private Bills, he was satisfied the House would receive favourably any attempt to remedy so great and so universally admitted an evil. With that view, it was his intention to submit to the attention of the House a measure, which he thought would place the private business of the House upon a footing favourable to the House itself, and advantageous to the interests of the country [hear, hear!]. He would, therefore, move, "That a Select Committee be appointed to consider the constitution of Committees on Private Bills, and to report their observations and opinion thereon to the House." Mr. S. Bourne seconded the motion. He considered that the great fault of Private Committees was their being so numerous. He trusted that in future they would more resemble juries of the country, sitting to decide on the rights of their fellow-subjects. Sir I. Coffin thought a rule ought to be made, that no member should vote in any committee, who had not attended the whole of the discussion. The motion was agreed to. WRITS OF ERROR BILL.] Mr. Secretary Peel said, he rose to move for leave to bring in a bill for the purpose of placing obstructions in the way of parties suing out frivolous writs of error. Under the existing practice, it was open to parties against whom a judgment was obtained, to sue out a writ of error, in order to supersede the judgment, or to gain delay. It would be found, that in the years 1817, 1818, and 1819, the number of writs of error sued out of the Court of King'sbench into the Exchequer chamber, amounted to 1,197. Of these writs, there were 158 on which no proceedings had been taken. There were 702 where the judgments were affirmed; and 336 where the proceedings were very soon abandoned. only one case where the judgment was reversed. The House would learn with surprise, that a delay of twelve months was given to the administration of justice. This was a most monstrous evil. By the act of James 1st a temporary obstruction was given to the practice, by making the parties who sued out these writs, be bound in double recognizances to prosecute the same. It was his intention to adopt the same measure, and to apply it to all writs, from whatever court issuing. He moved for leave to bring in a bill for that purpose. Leave was given to bring in the bill. DUTY ON SOAP AND TALLOW.] Mr. Sykes rose, to call the attention of the House to the Duty on Soap and on Tallow Candles. He was quite ready to confess his concurrence in the general principle of the financial arrangements for the year. It was by no means his intention to disrequired the House to do was, to agree to turb those arrangements. All that he a pledge, that whenever circumstances would permit, they would reduce the duty to which he had alluded. He really felt that he could not go down to the country without being able to tell his constituents that something, however little, had been done by parliament to relieve their burthens. If he were to tell them, that the would answer "The poor drink no wine. duty on wine had been diminished, they If he were to say, that the duty on spirits had been reduced, they would reply, "We have no wish to burn up our livers; give us clean hands and clean linen; and we leave to others red noses and bloated bodies." It had always been the opinion of the wisest statesmen, that those taxes ought to be the soonest repealed which pressed most on the industry of the people. The duty on salt and leather had been diminished, because those articles were necessaries of life; but the duty on soap and candles still remained, although the expediency of repealing them rested precisely on the same grounds. It was one of the great vices of all taxes of this kind, that a much larger sum was wrung from the consumer than went into the Exchequer. The expense of collection and the mode of collection were both evils; but the greatest evil of all was the encouragement which the high duty gave to contraband trade. Smuggling was an evil which it was especially incumbent on the legislature to repress; and in no article did it exist to a greater extent than in those to which he had alluded. The smuggling system was "monstrum horrendum, informe, ingens" he could not add, " cui lumen ademptum," for no being could be more quick-sighted than the smuggler. When it was considered that the duties on soap amounted to 120 per cent, it was evident that the temptation to smuggling must be irresistible. He had declared it to be his conviction, that the revenue was deprived of above a million a-year by the contraband dealing in soap. In the last year, notwithstanding the increasing luxury, and the consequently increasing consumption of the article, there had been a positive decrease in the amount of the duty on soap. The last annual receipt had fallen short of that immediately preceding it by 3,260l. He read a statement of the amount of tallow imported, and the amount on which duty was paid; proving that 55,000 tons remained unaccounted for to the Excise. If 13,000 tons were deducted for the greasing of wheels, machinery, &c., that left 40,000 tons still deficient as to revenue. The duty on soap was 3d. a pound; that on candles 1d. Supposing the fraud on the revenue were equally divided, and that 20,000 tons of the tallow thus escaping the Excise were employed in making candles, and 20,000 in making soap, the result would be, that the revenue would be defrauded of the duty on a million pounds. Thus, as was the case with all duties on articles of necessary consumption, the price of the article was raised to the people, while but a small part of that increase went into the Exchequer. The duty on soft soap was not so high as on hard; but, it was of that kind which was the most impolitic; the greater part of it being returnable on allowances. The nett receipt of this lastmentioned duty was 38,000/. Now, was it worth while to continue a duty, the produce of which was so small? He should propose, therefore, the total repeal of this duty; and that the duty on hard soap should be reduced one half. He was sure that the smuggling system would never be defeated, unless this reduction in the duty were to take place. With respect to the duty on candles, every consideration proved the impolicy of keeping it at its present rate. Although not so high as the duty on soap, it pressed very heavily on the people. By the invention of gas, the use of wax, and other means, the upper ranks felt this duty very slightly. But, it was severe on the poor man. A large proportion of the labour of the country was performed by candle-light; and a poor man, who earned probably not more than eighteen-pence a day, had a penny or three half-pence to deduct from his earnings for candles. Dipped candles, which were used by the poor, paid more, in proportion to their value, than mould candles, which were confined to the consumption of the higher classes; for the duty was equal on the pound, while the price of the one was 1s. a pound, and that of the other only ten-pence. An injurious distinction was thus made between the different classes of the community; the higher orders paying a lower duty, and the lower orders paying a higher duty. If he had made out his case, he thought he had a right to call on the House to declare, that, in the next session, they would take the expediency of reducing those duties into consideration. He wished to be able to state to his constituents, that the House had come to such a determination. A man distinguished for his learning and probity, who once represented the town which he now had the honour to represent-he meant Andrew Marvel-used to correspond with his constituents every day of his life, informing them of his efforts to reduce their burthens. He (Mr. Sykes) could not boast of such diligence, but he visited them once a year. But how should he be able to face those constituents, if he was unable to inform them of any step which had been taken throughout the session, to diminish the burthens under which they laboured? The hon. gentleman concluded by moving, "That it is expedient, early in the next session, or as soon as the financial state of the country will admit, that the duty on Soap and Tallow Candles be greatly reduced." The Chancellor of the Exchequer, in answer to what the hon. gentleman had said of the expediency of diminishing taxation, would observe, in the first place, that taxes to the amount of 1,500,000l. had been taken off in the present session. Various arrangements had also been made of a fiscal description, which, although not very important in themselves, had contributed to relieve the community. Nor should it be forgotten, that propositions had been made by several hon. gentleman would find it very difficult to purchase his dipped candles at 44 d. a pound. The duty amounted to 20 per cent. The right hon. gentleman might talk of this as a mere trifle, but few persons who had to pay the tax, would consider it in that light. This tax pressed upon the poor precisely in the ratio of their industry; for the mechanic who was the earliest in the winter mornings, or the latest in the evenings at his workshop, felt the tax the most. It was important that the absolute necessaries of life should be brought to the market at the lowest rate. The right hon. gentleman had also mistaken the argument upon soap. His hon. friend had justly said, that every tax was objectionable which drew from the pockets of the people a greater sum in proportion, than was eventually paid into the Exchequer; and in this case the fact was clear, that where the Exchequer gained one penny, the consumer paid two pence. Another reason for the reduction of this tax was its unequal operation upon the poor artizan who had to work at night. What better tax could be selected for repeal, than that which went to relieve the poor man from an inequality of burthen. If the duty was reduced, the increased consumption would more than make up the difference to the Exchequer. He could not agree with the hon. mover, in the propriety of postponing his object until the next session; the reduction ought to take place at once. gentlemen for the reduction of taxes, to which propositions the House would not agree. When it was recollected, that propositions for diminishing the duty on spirits and the duty on tobacco, as well as for the repeal of the assessed taxesall bearing on what might be called the necessaries of life-had been rejected, he could not conceive that the House, by agreeing to the present motion, would turn suddenly round on its own decisions. He also confessed that he objected to the mode in which the hon. member proposed the measure. It was not to be immediate, but prospective. It was to take place in the next session, " if the state of the revenue would permit it." This was a conditional proposition, liable to a variety of interpretations; and which, therefore, could not be adopted without inconvenience. He did not deny the abstract principle on which the hon. gentleman rested his argument. He knew very well that a duty so high as to be disproportionate to the price of any article, was a temptation to practise fraud on the revenue. But, he denied that, in the present case, the evasion of duty had been extensive. It was certainly true that the produce of the last year had been 3,000l. less than the produce of the year preceding; but really the defection of so small a sum in an amount of 1,200,000/. was not a subject of grave moment. In the year 1814, the duty was taken upon 78,000,000lbs., and in 1824, it was taken upon 109,000,000lbs. This increase of nearly half, in ten years, was a proof that the tax upon tallow had not had the effect of preventing its consumption. The tax on candles was one penny a pound, and the price was 4s. 114d. a dozen pounds; to say, therefore, that the tax was a desperate grievance, was to over-remember, that the amount was paid out state the case. It was quite evident, upon a consideration of prices, that the tax had nothing to do with the subject. In 1814, dipped candles sold at 11s. 2d. per dozen pounds; the price was now only 4s. 11 d. Whether a poor man got his candles cheaper from the retailer, he could not say; but it was clear that the tax was not the cause of any dearness of price. On these grounds, he should oppose the motion. Mr. Hume complained, that the chancellor of the Exchequer had mis-stated the data of all the calculations he had just been making, and of the inferences which he had drawn from them. The right hon. Mr. Alderman Wood put in a strong claim for the proposed measure, on the part of the Cornish miners, who were obliged to work day and night by candlelight. If the right hon. gentleman could throw away 6,000/. a-year upon a grant to the duke of Cumberland, he ought to of the pockets of the labouring classes. DELAYS IN THE COURT OF CHANCERY.] Sir F. Burdett moved, pursuant to notice, "That an humble address be presented to his majesty, that he will be graciously pleased to give directions that there be laid before this House, the evidence already taken by the commissioners for inquiring into the practice of the court of Chancery." Mr. Secretary Peel said, he would briefly state the reasons which induced him to oppose the proposition. He resisted it solely upon public grounds, and without the intervention of any personal feeling. He hoped that the time would come when the whole of the evidence taken by the commissioners might be laid upon the table; for a report of opinion merely, without accompanying testimony, would certainly not be satisfactory. If the inquiry could be concluded in the present month, it might be presented, but not printed until next session. He believed it was without precedent for the House to call upon the Crown to present evidence merely, unaccompanied by any explanation or report of opinion; and unless some strong ground were laid, he should consider it an unnecessary interference with the course of proceeding marked out by the Crown, and not yet completed. He contended that no public object could be gained by complying with the motion. If the evidence that had been taken could be laid upon the table, no public measure could be founded upon it this year. The commission had sat 70 days, and had examined 45 witnesses; so that some time must elapse in copying out that evidence in a state to be presented to the House. When presented, it must be printed; and when printed, it could not be weighed and digested in a moment; so that the adoption, or even the proposition, of any measure founded upon it was out of the question. He considered the inquiry as a most important one, and he utterly disclaimed any opposition founded on the mere purpose of preventing investigation. Indeed, it was his hope, that before long some efficacious remedy would be proposed for these delays; which, without attributing the slightest personal blame to any individual, he could not but confess, as an honest man, was highly necessary [hear, hear!]. It was his belief, that the report of the commissioners would be produced very early, and that it would prove to be ample in every particular of a case which centered within itself such immense importance. He had had very lately a communication with the noble and learned individual, who might, perhaps, be supposed to feel most interested in the question; and he could assure the House, that he found, on the part of the lord chan cellor, no objection to any inquiry, and sition. Sir F. Burdelt observed, that so long a time had elapsed since the commencement of these inquiries, that it became highly important that something should be done. The object that he had in view was, that another year should not be wasted without any thing being done. He did not mean to impute any blame to the commissioners; for he felt that their time was so much occupied with extraneous matter, that it was impossible for them to devote themselves sufficiently to the inquiry. But, when he said that, he inust add, that he had not expected any thing at their hands; more especially when he found the lord chancellor at their head; who, he must say, without intending to impute any sinister motives to that learned lord, appeared to him to be the unfittest person in the world to place at the head of a commission to inquire into evils which for so many years he had seen growing under his eye, and which, therefore, he would be the less likely to consider as evils at all. But, he had, moreover, un- | be obtained-of preferring oral testimony derstood, that the powers of those commissioners were extremely limited, by no means going to the root of that evil. They went to the investigation of the practices of subordinates in this court; but not of the construction and nature of the court itself. Now, since the committee had been so long employed in collecting information, it was matter of extreme propriety that the House should be made acquainted with their proceedings. The evils to be inquired into were so extensive, so universal, that there was hardly a family which, at some time or other, had not been prejudiced by their baneful operation. Therighthon.gentleman hadexpressed his anxiety to see some efficient remedy proposed for ills of such a magnitude, in a manner that did him the highest credit. But, he must say, that he thought it was not so essentially necessary for the House to be in possession of the opinion of any set of commissioners, as to find out, upon the evidence offered to them, some speedy relief for evils, which from day to day were going on, increasing in number and amount, and becoming more and more oppressive on the subject. They all knew very well, that the business of the court of Chancery was also from day to day enlarging. Was not this an additional evil? What was the nature of its proceedings? They were governed not by the common law of the land. It was altogether a sort of stolen jurisdiction, affecting to proceed on principles of the civil law, but really acting on a system that was repugnant to the principles of common law, and he might almost say, of common sense. Now, it was perfectly obvious, that one great remedy for the evils consequent upon the present constitution of this court, would be to provide for its proceeding upon principles of the common law. If, instead of that immense documentary evidence, and the production of that worst of all testimony, affidavits, in the way of evidence-if, instead of the lord chancellor's directing voluminous written statements to be made out, and the circuitous proceedings by numerous interrogatories, when, perhaps, that man might be sitting under the very nose of his lordship, who could explain the whole of the transactions in question before him - if this practice were done away with, and the rule of the common law and of common sense were resorted to, of taking the best, and not the worst testimony that could where it could be gotten, to more circuitous and uncertain evidence - then, indeed, something like permanent good would be effected. By the he existing modes of dilatory proceeding, under which a person was not considered bound to attend the court until after he had been summoned three times, and by all those means which enabled a party on paying up his fees punctually, to go over so many sealsa dishonest man had it in his power to impose the necessity of following him through a course of almost heart-breaking litigation. Why, if, a whole year had been employed in collecting information only about the fees of Chancery, enough had been done to enable parliament to proceed, there was another part of the subject so perfectly obvious, that he could see no necessity for having a report upon it. If the other avocations of the lord chancellor did not give him time to attend to the business of the court of Chancery-a fact which was roundly stated-why, then, let us in God's name, have judges enough to do the business properly; let us not be placed under the necessity of pursuing justice by such dilatory and expensive methods. With respect to bankruptcy cases, some new provision ought certainly. to be adopted. There wasnot, he believed, a more fertile source of abuse, between parties, than the manner in which commissions of bankruptcy were sued out and prosecuted. In this department, there were no less than seventy judges, who might or might not attend, at their pleasure; and hence a most ruinous delay was frequently produced. The manner in which bankruptcy cases were now treated was the cause of great fraud and dishonesty. But then there was considerable influence attached to the system. Those seventy places were in the gift of the lord chancellor, and were generally bestowed upon young barristers to begin with; for no one would say that those who filled them were selected on account of their peculiar fitness for the situation. If there were only seven, or only two courts, attended by persons who would give themselves up wholly to the business, that business would be better done, and justice would be more speedily administered, than it was at present by this multitude of assistants. Twelve months ago a commission had been appointed to inquire into the practice of the court of Chancery. No report had yet been made; and the |