tee. But there was an appeal to the House; and they had seen instances in which, when the committee up stairs was mistaken, the case had been set to rights by the House. That he conceived to be a far better tribunal than the new one deyised by his hon. friend. He thought this deposit of 5001, should be given up altogether, and that the parties who alleged that they had suffered wrong should appeal at once to the House. He would recommend his hon. friend to suffer the other resolutions to be carried into effect; and, when he saw how they worked, he might, if he thought proper, introduce a bill, enacting that appellants should enter into recognizances, which would be a much better mode, than that of calling on individuals to put down the sum of 5001. Mr. G. Lamb said, his doubts as to the legality of calling on appellants to put down 5007., out of which costs were to be awarded, were removed by the satisfactory precedent which had been adduced by his hon. friend. He should vote for the resolution; because the very existence of an appeal committee argued the necessity of its having the power to award costs. Mr. Littleton was of opinion, that a deposit ought to be required generally, leaving it to the House to depart from that practice in any particular case, if they thought fit. If, however, the House would consent to adjourn the debate to a future day, he would in the interim reconsider his resolution, and endeavour to make such alterations as would obviate the objections which were made to it in its present shape. The debate was accordingly adjourned to the 15th of February. HOUSE OF COMMONS. Tuesday, December 5. of them, they said, were without any employment at all. That he knew to be the case; and that of course they were in utter want, and suffering absolute starvation. They said that most of them had worked for fourteen or sixteen hours a day, and at the end of the week earned only six, five, and some as little as four shillings and sixpence. That he also knew to be the fact. It was further stated by the petitioners, that in consequence of their necessities they were destitute of decent clothing, and were thereby prevented from attending divine service. Their representations on this head, so far from being exaggerated, to his knowledge, fell short of the truth. The families of the weavers were crying to them for bread, which they were unable to give: how then was it possible that they could afford clothes? He knew many worthy and honest men among the weavers, who lamented this circumstance, with reference not only to the present calamity, but to the evils which it would entail upon their offspring, whom they could not send either to schools for education, or to places of divine worship, and who would therefore lose every opportunity of becoming imbued with those right principles which alone could safely guide them in their progress through life. He declared that he had not overstated the case of by far the larger portion of the petitioners. The prayer of the petition would make good his assertion; for what did it ask? It did not ask for charity; but, feeling their utter helplessness and hopelessness, the petitioners asked for that which was the punishment of crimeexile they asked for the means of emigrating from their native land. That of itself spoke volumes as to the actual sufferings which they were enduring. Indeed, they were too evident to admit of any contradiction of the statement. His object was to ask the House to permit the petition to lie on the table, in order that the case of the petitioners might be before every one; and, having done that, he had done all that he could do. His hope was, that some opinion would be now expressed upon the subject by his majesty's ministers, as the case was growing worse and worse every day for the sufferers. subject was of the most general interest to the country, but more especially was it of importance to that portion of the community in whose behalf he presented the DISTRESS OF WEAVERS IN SCOTLAND -EMIGRATION.] Lord A. Hamilton presented a petition from the Weavers of Glasgow, and of the county of Lanark, representing their extreme distress, and praying for relief. The noble lord observed, that it was exceedingly painful to him to read the description of the state of destitution, hopelessness, and helplessness under which the weavers of the county which he had the honour to represent were suffering; knowing, as he did, how accurately that description conformed to the melancholy facts of the case. Many The 229 Emigration. He must now allude to the] that such a consent would not be miscon- Mr. Secretary Peel said, that the noble petition. large number of Irish, who emigrated every year to the western parts of Scotland. It might fairly be said, that it was by the weight of these Irish emigrations, that the unfortunate Scotch were obliged to resort to England for employment. He begged the House not for a moment to suppose that it was his wish to question the right of the Irish to go wherever they might think proper, but it was evident that in proportion as they turned out large numbers of the Scotch from employment, in the same proportion must the Scotch resort elsewhere. The state of destitution in which the lower orders in Ireland had long been left, and in which they now continued, had arisen from the misgovernment of that country. It was a permanent evil, and deeply affected Scotland, by causing such an influx of destiEven tute Irish into that country. emigration was not at all likely to be of any permanent benefit to Scotland, unless some means were devised of checking the Irish from flowing into that country, and filling up the void. He had lately seen an account of a meeting of the magistracy of Cork, the result of which was a resoluHe well knew how imtion, that a portion of the Irish should be invited to go over to England, and that perfect were sources of private information the proprietors of steam boats should be in cases like the present; but, since the requested to give them a passage gratis. last session, a single week had not passed This measure had been adopted upon the without his having been in constant comvague notion, that trade was reviving in munication with the committee now sitIf ting in the country upon the subject. some degree in the latter country. there were means of putting the Irish in a That committee had devoted its attention better situation than that in which they to the subject, in the most exemplary It had used its most zealous now were, and for a long time had been, manner. perhaps these unfortunate Scotch would exertions to mitigate the sufferings in that not be under the necessity of making any part of Scotland. The noble lord's prosuch demand as that stated in the peti-posal was, to present a petition, praying tion. The Glasgow and Strathaven for a grant of public money; and he had weavers had associated themselves, under very properly observed, that the consent the notion that they would be permitted of the Crown was necessary to the recepto go out in a society. The bonds of tion of such a petition by the House. He affection and the ties of kindred would not hoped that the House would not be disthen be severed, and the pain of separa-posed to enforce its regulation strictly in tion from friends, from country, and from this particular case. Although the petithe early associations of life, would be tioners did in effect pray for a grant of mitigated. But he feared that such an public money, they rather called the atarrangement, however, in some respects tention of the House to a public measure, As the for which a grant of public money was desirable, could not be made. petition asked for the pecuniary means of necessary. He was not quite sure wheemigration, he was aware that it could not ther this was not a public petition, or that be received, except by the consent of the the consent of the Crown was necessary. At the ministers of the Crown. He trusted the Were such a consent essential, he should petitioners would receive that consent; be very unwilling to refuse it. especially if it were clearly understood same time, he felt peculiarly anxious, that 12 open unable to support himself in a manufac- but he trusted the parties in question would not, through the indulgence of fallacious expectations, neglect to seize such other favourable opportunities as presented themselves for their relief. Ordered to lie on the table. what he said might not be misconstrued, so as to excite false notions, that granting the consent of the Crown implied an opinion in ministers, that any good could result to the petitioners from receiving their petition. He should not enter upon the policy or effects of emigration, no notice whatever had been given of an intention to discuss the subject; and to go into it at present, would, he thought, be premature. Emigration involved many subjects of the utmost importance, and the interest was much enhanced by the present state of the country. A committee had been appointed in the last session to sit upon the subject, and their report, and the evidence they had put forward, contained a mass of valuable information. It concluded with a recom-committee of emigration when appointed; mendation, that another committee should be appointed in the present session to consider some parts of the subject which had been imperfectly considered in the previous inquiry, as well as to suggest some definite plan on which a system of emigration should be adopted. He might observe, that no plan of emigration could JOINT STOCK COMPANIES-UNCERbe carried into effect before the ensuing TAINTY OF THE LAW PETITION OF month of May. The result of the evi- THOMAS PARKIN.] Mr. D. W. Harvey dence before the former committee was, said, he rose to present a petition upon that autumn was the best period. He a subject of all others the most open to hoped that the Under Secretary of State confusion; he meant the uncertainty of for the Colonies, after the recess, would the law. The petition was very appropripropose the appointment of such a com- ate to the present occasion, as it had mittee. It was necessary to inform those some reference to the Joint-stock comindividuals from whom the petition came, panies, the subject of which was about that emigration would afford them no to be brought before the House. The material relief. It was necessary that petitioner stated, that he had been emprecautions should be taken in the colo-ployed as the secretary of one of the most nies to insure proper accommodation for solid and substantial Joint-stock compathe parties who arrived. To ship off ten nies; namely, the National Stone Way or twenty thousand men to Upper Canada, Company. Having performed his duty, incapable of adopting agricultural pursuits, the petitioner could not get his salary would inevitably lead to their extreme paid, and he therefore attached some misery. It would be necessary, previous property or funds of the company in the to their arrival, that lands should be hands of the City bankers. The banker located, roads made, and other measures having refused to pay this money, the adopted; or the situation of the emigrants case had been brought before the City would be most calamitous, and the suffer-court, and the recorder of London had ings of which they now complained greatly nonsuited the petitioner, on the ground aggravated. It was also necessary, when- that a company existed, of which the ever any plan was to be carried into effect, money attached was a part of the prothat there should be a judicious and dis-perty, and ought to have been attached criminating selection of the individuals to as the property of the National Stone be sent out. Those very parties that might be the greatest objects of sympathy, on account of their sufferings, might, from other causes, be of all others the most unfit for emigration. A man might be Way Company. The petitioner, therefore, brought an action against the bankers, in the court of King's-bench, when he was defeated on just the reverse grounds; namely, that the company was, in point of law, no company at all. He wished the petition to be referred to the committee that might grow out of the motion to be made that night, upon the subject of Joint-stock Companies. The Petition was then read as fol lows: transmitted to Messrs. Fry and Chapman a copy of the aforegoing Resolutions; that an account was opened in their books under the title of the National Stone Way Company;' that deposits to a considerable amount were paid into their hands, under the authority of letters signed by your Petitioner, announcing the allotment of Shares, and placed to the credit of the National Stone Way Com "To the Right Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled: the humble Pe-pany; that two checks, hereinafter mentition of Thomas Parkin, of No. 14, Poultry, Secretary to the National Stone Way Company, "Showeth-That your Petitioner is Patentee for a method of laying down oblong granite stones, in streets and on roads, for the wheels of waggons and carriages to run on; the adoption of which, in consequence of the diminution in friction, would much advance the commercial prosperity of this Kingdom. That, in April, 1825, a Prospectus was issued preparatory to the formation of a Company to carry this national object into effect. That, in May following, a Public Meeting was held at the George and Vulture Tavern, in Cornhill, for the purpose of forming the said Company. That, at this Meeting, your Petitioner acted as Secretary; that various Resolutions were then proposed, and unanimously adopted, amongst which are the following: "That a Company be now formed for " the purpose of carrying into effect the 'objects set forth in the Prospectus: that a Committee for conducting the affairs of the Company, pro tempore, be appointed that the Committee consist of the following Gentlemen, Subscribers to 'the Company, with power to add to 'their number [the names here follow]: 'that a deposit of 17. per Share, and 5s. 'per Share to the Patentee, be paid into the hands of Messrs. Fry and Chapman, 'bankers, ad interim, to whom the Secre'tary's letter, announcing the allotment, 'must be delivered as their authority for receiving the money on account of the National Stone Way Company: that Messrs. Fry and Chapman be empowered to pay cheques or drafts, signed by three Members of the Committee, and countersigned by the Secretary and the 'Solicitor.' "That the Company being so formed, the Committee proceeded to carry its object into effect; that your Petitioner, as Secretary to the Company, officially tioned, were drawn upon, and paid by, the said Bankers, by virtue of the signatures of three members of the Committee, and those of your Petitioner, as Secretary to the Company, and Mr. A. K. Hutchison, as Solicitor; that your Petitioner continued to act as Secretary to the Company for the space of six months, but could not any longer so act, because the Committee, most unjustly, refused to pay him any thing for his services; that, in consequence of such refusal, he attached the amount which might reasonably be considered as due to him in Messrs. Fry and Chapman's hands, as the property of the Committee acting for the Company, and in whom the control of the money had been vested; that Messrs. Fry and Chapman resisted the attachment, on the ground that the money was not the property of the Committee, but of the persons who had paid it into their hands, and who composed the Company-in support of which defence they proved by a clerk, that the money had been placed in their books to the credit of the National Stone Way Company; that the Learned Recorder held the objection to be good, and decided, that as the money was the property of the Company, and had been placed to the credit of the National Stone Way Company in the books of the garnishees, the attachment could not be maintained; that your Petitioner, thus defeated on the ground that the money should have been attached as the property of the Company, and not that of the Committee, applied to Messrs. Fry and Chapman to furnish him with the names of the persons who had paid the money into their hands, in order that he might lay his attachment accordingly; but this Messrs. Fry and Co. refused to do. "That your Petitioner, thus circumstanced, was advised to bring an action against Mr. Wm. Fry, the principal partner in the said Banking-house, and a Shareholder in, and a Member of, the Committee of the said National Stone Way Company, in order to recover from him, individually, unless he should plead in abatement, the amount due to your Petitioner for his services as Secretary to the Company, and for those of his son (a minor), as a necessary assistant in the Company's business, and the respective sums of 81. 10s. which he had paid for printing the prospectus of the Company, and 21. 10s. for postage and other expenses which he had incurred in prosecuting the Company's business; that the defendant did not plead in abatement, and therefore the action proceeded against him, as a matter of course. "That the action was tried at Guildhall, on the 24th ult. before the right hon. sir Charles Abbott,. Knt. Lord Chief Justice of his Majesty's Court of King's Bench, and a Special Jury, moved for by the defendant; that at the trial, the Prospectus, which sets forth that the Company were to act under a patent granted to your Petitioner, the plaintiff in the cause, and that 5s. per share were to be allowed him as Patentee, and a printed copy of the Resolutions, passed at the public meeting, held in May, 1826, already alluded to, were put in and read in evidence; that it was proved by Mr. George Nelson that he attended the said meeting; that your Petitioner acted as Secretary thereat; that he stated that for all his services up to that time (although he had been occupied several months in that capacity, in taking the necessary preliminary measures for the formation of the Company), he should make no charge, and that the Company would, consequently, commence without any expense but that of printing the prospectus, and of sundry advertisements; that it was proved by the Minute Book of the Company, that the defendant, Mr. William Fry, was added to the Committee on the 6th June following; that he attended a Meeting of the Committee on the 23rd of that month; that at the said Meeting, your Petitioner, the Secretary to the Company, submitted certain propositions for the approval of the Committee, intended to be made to Mr. Deputy Routh, on behalf of the Commissioners of Sewers, for paving, on the Company's plan, one of the streets of the City; and that the Committee approved of those Resolutions, and instructed your Peti tioner, as their Secretary, to transmit them to Mr. Routh, and to call another Meeting of the Committee when to your Petitioner it should seem necessary; that it was also proved from the Minute Book that the Committee of the said Company in July following resolved on despatching your Petitioner to Jersey, Guernsey, and Devonshire, in order to procure supplies of granite stone, and to enter into treaties for quarries on the Company's account; that they advanced him by a check on the house of the defendant, 201., on account of his travelling expenses, and at the same time paid him another check upon the said bankers (and which are the two before spoken of) for 1447.; being his remuneration, as patentee, of 5s. per share, as provided for by the Prospectus, and the Resolutions of the Public Meeting hereinbefore mentioned, on the number of shares upon which the deposits had been paid into the said Bankinghouse; that 51. more was remitted by the Solicitor to the Company to your Petitioner, on account of his travelling expenses, while he was at Plymouth, making in all 251.; and that the amount of his travelling expenses on these voyages and journey was 25l. 14s.-admitted by the defendant's counsel and the Lord Chief Justice, to have been exceedingly moderate; that Mr. Liscombe Price, a Member of the Committee, fully confirmed the evidence adduced from the Minute Book; and further proved, that the defendant, Mr. Fry, not only attended the Meeting of the Committee on the 6th June, and voted at the Board, but that he, the defendant, moved on that occasion, that your Petitioner, who then, as at all other times, except when absent on the Company's business, acted as Secretary, should call another Meeting of the Committee when to him should seem fit;' that Mr. Price further proved, that your Petitioner was unremitting in the discharge of his duty; that the Committee resolved on sending him a second time to Jersey and Guernsey; that he was instructed by the Committee to wait upon, and to enter into negotiations with, various Public Bodies; that he himself had accompanied him to one of those Bodies; that the Committee were perfectly satisfied with the zeal, ability and frugality which he evinced in the Company's service; that for his services he was entitled, in his (Mr. Price's) opinion, |