§ MR. SCHOLEFIELDwas anxious to put a question to the hon. and learned Attorney General in reference to the prosecution instituted by the Board of Inland Revenue against the Household Narrative, and the steps which it had been intimated would be taken to appeal against the judgment of the Court of Exchequer in this case. He understood the hon. and learned Gentleman, in reply to a question put by him (Mr. Scholefield) on a former evening, to say that in consequence of the case having been argued before the Court as a special case, he could not go for a writ of error upon it, and that it would be necessary to have the case argued again. Subsequently to that it was understood, erroneously as he presumed, from a statement made by the hon. and learned Gentleman, in answer to the right hon. Member for Manchester (Mr. M. Gibson), that his intention was changed in that respect; and inasmuch as uncertainty as to the intention of the Government was most prejudicial in this matter, perhaps the hon. and learned Gentleman would now state what course he intended to take?
The ATTORNEY GENERALwas obliged to the hon. Gentleman for giving 1316 him the opportunity of correcting a misunderstanding which appeared to prevail ha reference to his answer to the right hon. Member for Manchester, What he meant to say was what he had before stated, namely, that the case of the Household Narrative having been decided on a special ease, agreed to between the parties, no writ of error could be brought Upon it; but that, as the Court of Exchequer had delivered its judgment, mot unanimously, there being three to one in favour of the defendant; and his predecessors in office having been of opinion that the judgment of Mr. Justice Crompton was more in consonance with the law than those of the majority of the Judges; and he (the Attorney General) having taken the matter into his consideration, it appeared to him that the law was in an unsatisfactory and unsettled state, and that it would be necessary to obtain the opinion of another tribunal. For that purpose it would be necessary to institute other proceedings in the Court of Exchequer, where, very probably, the previous judgment would be confirmed, and then the matter could be carried to a Court of Error, where it would be finally decided.
§ MR. BRIGHTwished to know if instructions had been given to the authorities at Somerset House to take the necessary steps for proceeding with the writ of error immediately; and, if not, whether other publications, similar to the Household Narrative, would be allowed to circulate unstamped without being interfered with?
The ATTORNEY GENERALthought the latter part of the question called for the expression of a legal opinion whether such publications were liable to the stamp duty or not; which he must, at all events at present, decline answering. But in reply to the first part of the question, he bad recommended to the authorities that proceedings should be instituted in the way he had stated, for the purpose of obtaining the decision of a Court of Error; and he had no doubt that in a very short time they would be taken.
§ MR. HUMEwould remind the hon. and learned Gentleman that a decision had already been given in favour of the publication—and what he wanted to know was, whether until the point of law was settled on appeal in error from that decision, publications of the same nature as the Household Narrative would be allowed to circulate unstamped without interference?
The ATTORNEY GENERALthought that was rather a question for his right hon. Friend the Chancellor of the Exchequer but he should think until the law was finally settled, no interference would take place.
§ MR. HUMEhad put the question to the right hon. Chancellor of the Exchequer. The law had decided that the publication in question was legal, and it was a quibble worthy of the Government—["Order, order!"] Yes, he said it was a quibble worthy of them to interfere to prevent the circulation of publications declared by the Court of Law to be legal until that decision was set aside. He wished to know from the right hon. Chancellor of the Exchequer whether he would allow such publications to continue until the final decision was obtained?
§ The CHANCELLOR OF THE EXCHEQUERAs a general rule, I am sorry to say that I cannot sanction any indulgence that might endanger Her Majesty's Revenue.
§ Subject dropped.