The Express.
London, England, 1849-07-26 00:00:00

SMOKE PROHIBITION BILL.

Mr. MACKINNON ssid, that although he had had ma-
joritics on two tweseions on this bill, yet, considering ti e
period of the session, he should with raw the bill.
NEW FOREST AND WALTHAM FOREST BILL.
This bill was read a third tim , and passed.
CUSTOMS BILL.

In answer to Mr. HERMES,
The CHANCELLOR of the EXCHEQUER said that
the object of this bill was to enable the Custom-house to dis-
pense with 40,000 documents, in epistolary correspondence,
in the course of the year.
The am. ndmenU were considered and mad to.
SLAVE TRADE (PERSIAN GULF) BILL.
. .

On the motion that thii hill be committed,
Sir E N. BUXTON asked the noble lord the Secretary
fir Foreign Affairs shortly to explain to the house the ob-
ject of this bill.
Lorn PALMERSTON said that there was a treaty be-
twe n this country and the Imaum of Muscat, by which the
Imaumprohibited the slave trade to be carried on by his
suhjscts, and authorised British cruisers to attack and seize
slaves and vessels. A bill for this purpose was carried
through parliament last year. There were corresponding
treaties %lib certain chiefs in the Persian Gulf, and it was
necessary to have equal authotity front parliament to carry
out these treaties.
Sir E. N. BUXTON—These slaves would then be on the
same tooting as the slaves from Africa to Cuba or Brazl were
oa at present.
Lord PALMERSTON assented.
The bill then went through committee.
HOUSE OF LORDS COSTS TAXATION BILL.
_ .

it;;;;inilwas read a third time and passed.
NUISANCES REMOVAL AND DISEASES PRE-
VENTION BILL.

On the motion that this bill be read a third time,
Mr. ItUME observed that the second clause gave great
power to the general board of health, or any two of the mem-
ken. It appeared to him that looking at the great power
they were to have, it was throwing great responsibility on
any two members.
Lord ASHLEY sail that he had to propose four clauses.
The two first clauses had only a temporary operation; they
were only to extend to the end of next session. The first
clause gave is power to the general Board of Health, being
assisted by their medical adviser, to cause inquiry to be
made into the state of burial grounds, and they might direct
measures of precaution. The next clause gave a power,
where a churchyard was dangerous to health, to church-
wardens _to agree for the burial cf parishioners in
the ground of any cemetery company, or in the
but ial ground of any other palish. But as it
appeared vary ies'rable that this subject should at
last Ise taken up with a view to some enactment that
should pervade the whose country, the board itself would
direct inquiries as to the places and the mode and manner in
which it might be expedient to prohibit interment within
walls. Upon such a report the hoard of health was to frame
a scheme fur providing new burial grounds. The scheme
was to be prepared, and laid on the table as soon as possible
after the commencement of next session. These were the
two last clauses.
Sir G. GREY took this opportunity of mentioning that
he had received two letters as to the statement which had
been made as to the burials in the palish of St. Nicholas,
in the City of Bristol. Representations, which he ventured
to doubt, had been made that the bodies had been exposed,
but he now found that not only had they not been exposed,
but the greatest care was taken to bury them—the graves
were!) feet deep.
Mr. lIORSMAN expressed his satisfaction that this
matter had been taken up by the noble lord opposite.
Col. THOMPSON wanted to impress on the house the
general fact that they were approaching a time, when, if
something effectual were not done, our crimes and our dirt
would run away with us.
Tree bill was then read a third time and passed.
DRAINAGE OF LANDS BILL.
This bill went through committee.
DEFECTS IN LEASES SUSPENSION BILL.
This bill was read a third time and passed.
MARRIAGES IN FOREIGN COUNTRIES
FACILITATING BILL.
Oa the order of the day for the consideration of the Lords'
amendments on this bill,
Dr. NIC ROLL urged upon the Roble lord the Secretary
for Foreign Attain the propriety of not pressing forward so
important a bill at so late a period of the session.
Lord PALMERSTON was sorry he could not accede to
the suggestion of the hon. and learned member, as the bill
was a measure which was necessary to the peace and
morality of English females residing abroad. There were
many foreign countries In which English families resided,
but in which there was no British consul, and parties there
washing to marry were obliged to refrain, or to live together
in a way which he was sure the hon. and learned member
did not contemplate. (A laugh.)
The Lords' Amendments were then read and agreed to.
ADMIRALTY JURISDICTION IN THE COLONIES

On the order for committee,
Capt. PECHELL complained that he had been taken by
surprise in the case of this bill, the second reading of which
had taken place without his knowledge.
The ATTORNEY-GENERAL explained that the bill
was a most necessary and important measure, although
merely le'illatiog for a technical question. The house was
aware that at present all charges of piracy on the seas were
ither tried by Admiralty commissioners or brought to the
Old Bailey for trial. Now, as these commissions were ex.
pensive, the object of the bill was to provide that pirates
taken on the high seas might be tried in the colony to which
the capturing vessel was bound.
The house went into committee on the bill.
On the 3rd clause, providing that governors of colonies
might at discretion remit pirates sent to them for trial to
another colony, where there was a more efficient tribunal,
a short discussion eirued, which was terminated by
Mr. BERNAL informing the committee that the clause
must be withdrawn altogether, as being beyond the scope
of the bill.
The clause was withdrawn, the remaining clauses were
greed te, and the house resumed.
CLERGY RELIEF BILL.
On the order for the third reading of this bill,
Mr. HAGGITT rose to move as an amendment that
the bill be read a third time that day three months.
Mr. 800 VBRIE taid that the bill had been fully consi-
dered by a select committee, of which the representatives of
Oxford and Dublin Universities were members, and the
bill had received the sanction of both those gentlemen.
Under such circumstances be could not consent to the post-
ponement of the bill.
Dr. NICHOLL hoped the hon. member would not press
his bill at that period of the session.
The house was about to divide, when
Mr. HAOGITT said that, in deference to the opinions of
some gentlemen about him, he would not press his motion.
His object was to enter his protest against the measure.
The bill was than read a third time and passed.
CRUELTY TO ANIMALS BILL.

On the third reading of this bill being moved, a mum
ensued, in the expectation that Mr. Henry would have
moved the clause, of which he had given notice, and in
which he had already failed, for the purpose of making it a
misdemeanour to ride or perinit to be ridden • steeple chase,
►iable to fine and imprisonment. Mr. Henry not being
forthcoming the bill was read a third time and paused amidst
the liveliest cheep of the lovers of the chase.
PROTECTION OF WOMEN BILL.
On the motion that this bill be read a third time,
Mr. ROEBUCK expressed a hope that Mr. Spooner
would not endeavour to pass it in the present session.
Mr. ANSTEY said that he would move that the bill be
nod • third time that day three month., unless the hon.
member fur Warwickshire postponed it till next day. (Mr.
Spooner declined.) Two new and important clauses had
been added which were not yet in the bill, and it was only
right that at least a day should be allowed to intervene.
Mr. SPOONER consented to omit the words " compensa-
tion for lees of time," but
Mr. ANSTEY persisting, the house divided, when there ,
appeared
For the amendment 22
Against It
The bill was then read a third time.
On the question that the bill de pass, a discussion took
place on the new clause, when it was agreed to strike out
the word• " giving compensation for loss of time."
Mr. HUME thought it improper to pass the bill in its pre-
sent form. He did not think they could make people moral
by me of parliament, and the question was dm which. if it
ought to b• legislated on, should be taken up by the govern-
ment.
After a few words from Mr. Brooms's, in explanation, the
bill was passed.

BANKRUPT LAW CONSOLIDATION BILL.
Ou the order of the day for going into committee ou this
bill,
The ATTORNEY-GENERAL said that the committee
appointed on the Pith of June ha't sat until eerterday, sad
had been most wit dims in their labours. lie must, there-
fore, wok t' a kcuse to receive t' i+ bill scbra•wh cn the faith
of that committee, embracieg, as it d.d, tome of the meat
distinguished men in that house. The bill came from the
other house in the chaps of a code; but it at once occurcd
to the committee that it would not be right to return the '
bill in that form without a lengthened investigation. The
committee accordingly resolved to put the bill into the shape
of an act of parliament ; ant that it would
not be reap caul for the committee to send to
the bon*. a rew form of legislatios, without much
examisation. Witnesses were tzamined, who pointed out
what was new in the bill and the bill as it now stood wu
principally a consul dation of the old low. Ac it came from
the Lords it contemplated several changes, ouch so the
making of new offices, which the committee thought it wu
not (or them to enter into, being of opinion that if it were
necessary to alter the constitution of he court it ought to be
done by a separate bill. The committee, therefore, rctained
the old establishments of the court withcut sty alteration.
The bill instituted new acts of bankruptcy—every secret
transfer, for instance, was made an act of bankruptcy.
It was the general opinion of the mercantile ie.tereit that
the tendency of this provision would be very seriously to in-
jure trade • and accordingly the committee had rtjected that
clause. Another new act of bankruptcy constituted sous that
of sufferi,g an execution ; this also had been rejected, as had
a provision with respect to supposed and fraudulent trans-
fen of property. With these ex :eptions the committee had
studiously endeavoured to adhere to the old enactments, so
as not to unsettle the decisions of the court. Ocher amend-
' " • - "

-
m nts, not of a vital character, had been introduced. He
only asked credit from the house on their behalf.
Mr. J. STUART expressed his confidence In the com.
Etittee, and his belief that they had im?roved the bill.
Sir J. GRAHAM, with every wish to give credit to the
committee, thought the importance of the measure such as
to demand the fullest consideration.
The ATIHRNEY-GENERAL said he proposed in
committee to point out all the important alterations. The
repealing schedule had boen adopted from the Adorneys
and Solicitors' Act a■ a convenient form; the committee bad
delegated to him the duty of examining it, which be had dons
carefully ; and, with one or two verbal alterations, it night
be taken as strictly correct.
The house then went into committee.

Clauses 1 to 5 were agreed to.
On clause 6,
The ATTORNEY-GENERAL soli a new principle wee
introduced in the mode of commencing prom, dings. Instead
of petition to the Lord Chainsllor, the petition would las to
the Court of Bankruptcy, with an app• al to the Vie.-
Chancellor's Court. To this alteration the Lord Chancellor
did not object.
In answer to Mr. HENLEY,
The ATTORNEY-GENERAL stated that the remodel.
ling of the offices was to be effected by another bill. No new
officers were appointed, nor were any additiunai duties de-
volve,' on existing cfficers, exo-pt on the chief regi tear, at
pet sent a ainecure. By a *ohm quEnc deuce, the , th, power
was given to abolish two commissio.,erships un the death of
the commissioners ; and by the 9th to mike a redistribution
of the bankruptcy districts in the country.
Sir J. GRAHAM askei if any increase of salaries was
proposed, or new fungi-yen for additional duties, as had been
done in another court ?

The ATTORNEY-GENERAL said there were no new
offieers created or new salaries given. Sme fees were re-
duced, and new modes adopted of charging the heR, by
means of stamped rapers issued from the board of Wand
revenue. AU tees would go to the funds of the court, and
would not be receivable at all by the officers, Pixies, in-
stead of paying • lumping fee, as at presto:, would pay
small fees as the business was done.
Clauses 6 to 14 were then agreed to.
The ATTORNEY GEN EItAL stated that clause 14 rave
power for a special csee to be stated to the Court of Equity,
as was now done to courts of law.
On clause 20,
The ATTORNEY GENERAL st ited that certain duties,
including the re-distribution of the business, had biro gives
to the senior commis-loner, only because i. must be done by
some one. Opportunity bad been taken of reducing the
number of registrars in the event of death.
Clauses down to 124 were then rapidly passed, tbc chair-
man simply calling over the number of the elause and pass-
ing to the next. In the course of the proceedings,
The ATTORNEY-GENERAL stated, in answer to ques-
tions, that in future there would be but one account is
bankruptcy, instead of several, as at present. Fees were
now paid in money, which had given rise to some dissatisfes.
tioo, and hence the provision for their payment thiourea
stamped documents. Nu fees at all would be rectiv.d by
the officers, the payments being made for the 'gimped do-
cuments, to the board of inland ream se. This applied to
the whole of the proceedings, except to fees on taxation and
another proceeding. No claim fur compensation was gives
by the hill; it woe simply a re-enactment of the old law.
The bill, when it came from the House of Ludo, had com-
prised provisions relating to the bankruptcy of members of
parliament, which the committee had struck out, as not
coming within tee scope of a consolidation of the bankrupt
laws. Clause GO pr• served the former period of 15 days
between the commencement of proceedings and the issuing
of a fiat. Clauses 75 and 7G were new ; they made the
filing of a declaration of bankruptcy in India an act of bank-
ruptcy in England. Clause 77 related to private arrange-
ments by composition deeds, and made the composition
deed an act of bankruptcy, of which any creditor might
avail himself.
Mr. J. WILLIAMS said this clause had excited must
discussion in the committee. It was felt a hardship that
members of that house who were traders should be placed ia
a diffetent position from other members.
The ATTORNEY-GENERAL said that chute 78, re-
ferring to summons- s in bankruptcy, required that, in addi.
tins to the affidavit of a good defence on the merits, parties
shou'd give two Securities to answer the claim. But this
was left iu the discretion of the commissioners. Chase
86 gave the power of inflicting costa where a
party was vexatiously summoned. Clause 9.5 eater
fished a register of petitions from the country in the
office of the secretary in London. This was new machinery,
but would involve no additional expo nse. Clause 112 re-
ferred to intermediate protection between the surrender and
the ccr.i6cate. There were cases where such protection
ought not to given, as in the cases of fraudulent debts, de-
handing the revenue, ffec.; and in these cases the protection
was refused. Clause 118 re-enacted a form r ect against the
examination on oath of a bankrupt or his wife ; a bankrupt
might be examined, and if be made a false statement, he US
subject to an indictment for perjury. Clause 120 gave the
power of arresting a party about to abscond. Clause 124 was
new; where a party admitted a debt, on examination is
bankruptcy, under the advice of his attorney, it might be
made conclusive evidence against him in an action fur the
debt.
On clause 160 requiring the bankrupt to swear to the
truth of his balance-skeet whenever required so to do,
Mr. P. WOOD suggested that the words should run "
quired so to do by the court."
Mr. MITCHELL objecrd to the addition. The bank-
rapt was merely required to swear to that which he pre-
pared himself.
After a few words from Mr. WooD, the addition of the
words " by the court" was agreed to.
Clause 198, relating to graduated certificates, and clause
266, relating to the classification of offences, were agreed to;
but, on the suggestion of Sir J. GRAHAM, who thought that
it was at least doubtful whether the power of blasting'
man's character should be left in the power of any one mu,
it was resolved that they should be considered on bringing
up the report.
The remaining clauses and schedules were then agreed to,
and the chairman reported progress and obtained leave to
sit again on to-morrow (this day).
The order of the adjourned debate on Ireland was thee
called on, but as no one appeared to speak upon it, lir
order was discharged.
The other orders of the day were then disposed of, sad
the house adjourned at 6 o'clock, till 1 o'clock to-morrow.