The Sun.
London, England, 1865-06-14 00:00:00

MENT BILL.

On the order of the day for going into committee on this
bill,
Lord KINNAIRD said that he thought to permit certain
licensed victuallers' houses to remain open within the pro-
hibited hours would do great injustice to the houses that
were compelled to close.
The Marquis of CLANRICARDE said that the act of
last year was found to work great harm, and it was abso-
lutely necessary to relieve the cases of hardship which had
arisen under it.

Earl GRANVILLE thought that the act of 1864 was a
very useful one, but it had undoubtedly inflicted great in-
justice upon particular classes, and for that reason it was
necessary to amend it in the way proposed to be done by
this bill. He objected, however, to give the power of grant-
ing exceptional licenses to the magistrates, preferring that
it should be vested in the hands of the police.
Lord REDESDALE said that he did not think that this
bill was either necessary or would work satisfactorily. He
thought the. means might readily be found to remedy all
the inconveniences complained of in the working of the
act of last session, without passing a bill of this kind.
The Earl of DONOUGIIMORE asked how noble lords
would like to have the same measure meted out to them
that the act of 1864 meted out to the industrial classes who
were compelled to work during the night? (Hear, hear.)
What would they say if they were told, after leaving the
house after a late division, at 2 o'clock in the morning, that
they should have refreshment at their clubs ? (Hear, hear.)
Besides, even if they could not get refreshment at their
clubs they could get it from their own cellars ; but the
compositors and the people attending the markets could
not do this, and it was therefore all the more necessary that
public-houses should be open for their accommodation. He
thought it was most unjust to deprive of all refreshment
men who were compelled to pursue their avocations during
the night. He complained strongly of the conduct of Earl
Granville, who had, at the last moment, intimated his in-
tention to move amendments of which he had not given
notice. He thought that the bill should be allowed to pass
through committee in its present form, and that then
amendments should be moved, after due notice given, on
the third reading.

Earl de GREY and RIPON was quite willing to take
this course.

Lord REDESDALE that it would be better to postpone
the committee.

Earl GREY concurred with the chairman of committees
on this point.

After a few words from Lord CHELMSFORD and Lord
BEDESDALE,
The House went into committee on the bill.
On clause 1,
Lord DENMAN expressed a strong objection to entrust-
ing the power of granting licences.
Clauses up to 5 were agreed to.
On clause 5,

Earl DE GREY and RIPON proposed to amend it by
taking from the magistrates and giving to the police the
power of granting licences to keep houses open during the
prohibited hours.

The Marquis of CLANRICARDF apposed the amend-
ment.

After a brief discussion the amendment was agreed to,

Tho Marquis of CLANRICARDE intimated his inten-
tion to move the restoration of the clause to its original
form on a future stage of the bill.

The clause as amended was then agreed to.
The bill passed through committee, and was reported.

PARTNERSHIP AMENDMENT BILL.

Lord STANLEY of ALDERLEY presented a petition
in favour of the bill from the Law Amendment Society ;
and he then moved the second reading of the measure.
Its object was simply to enable one person to lend money
to another on the terms of receiving a share of the profits
without thereby rendering himself liable as a partner.
The bill might be considered as a compliment to the
Limited Liability Acts, and he thought that it should be
passed as an act of justice to the private trader. It would
also enable a child or widow to take by bequest a share in
the trade of their deceased father or husband without
thereby being made a partner, while the remaining provi-
sion would give employers the power to pay their servants
by a share in the profits without making them partners.
Lord ST. LEONARDS believed that no more important
bill had ever been brought under their lordships' atten-
tion. By the law of England it was established that
those who shared in the profits should also share in the
losses of a business. He believed that the prosperity of
the country had mainly arisen from this state of the
and from the stimulus which it had given to industry and
commerce. If this bill passed men would be encouraged
to abstain from work, and to invest their money in other
men's businesses, of which they would take a large share
of the profits. A great and mischievous encouragement
would thus be given to idleness. This bill was an attempt
to introduce a great change in our social system, and a
change too not in favour of any ono who deserved consi-
deration. No man deserved consideration who would not
work, but sought to live by lending his money on terms
which would enable him to share the profits without being
liable to the losses of a business.
Lord CRANWORTH said that all the bill dill was to
leave borrowers and lenders to contract on the terms which
they might deem most advantageous to their interests.
The security of the creditors of a firm would not be
im-
perilled by passing this bill ; and he hoped therefore that
the nouse would not refuse their assent to it.
Lord WENSLEYDALE, who was perfectly inaudible
in the gallery, was understood to state a number of objec-
tions to the provisions of the bill
The LORD CHANCELLOR *said that the bill would
relieve the law fronrithoeu mischievousconsequences of an
injurious decision
ponr
d Those
long time since, and since
followed by other decision
decisions had had most
injurious results. There was no reasonable ground for
saying that a person became partner with another merely
moneyon
because he lent him
of
a shays condition that he should bo
paid interest in the shape
of the profits. This
was most unjust, and it would havea been
iastonishing
pr
to
it notnishin b,,n
gtehe
people should have so long it,subreittedpotooi
had
was eceo-lent the
.
for the reverence of the English op
The doctrine upon which he was commenting
child of the old prejudice against usury, and now that the
la ws against usury had been got rid of, it was time that
this offshoot from them should follow. The noble and
learned lord then discussed at some length the case of
" Waugh v. Carver," and the decisions by which it had
been .followed ; pointing
out at some length the absurd
conclusions to which they had been led, and the subtle
and refined distinctions they bad introduced into the law
of partnership. This bill had been introduced to establish
the simple principlethat men should be allowed to contract
en the terms they chose, and that no consequences should
be given to such contract but those which naturally re-
sultei from it. He believed that this principle was sound
in itself, and that its establishment would be of great ad-
vantage to the trading community. He believed that many
of the difficulties which arose between employers and em-
ployed might be removed by the operation of this measure,

which would enable a master to give his men an interest
in his business without making them partners.

The bill was then read a second thno.

The house went into committee on the Mortgage De-
benture bill, but aftersome conversation the house resumed,
and the measure was referred to a select coilimittee.
The Land Debenture Bill was read a second time and
The Sewage Utilisation Bill was read a third time and
passed.

The Militia Ballots Suspension Bill and the Militia Pay
Bill were read a second time.

The Local Govemment Supplemental (No. 3) Bill passed
through committee, and the Local Government Supple-
mental (No. 4) bill was read a second time.

Their lordships then adjourned.

HOUSE OF COMMONS-LAST EVENING.
The SPEARED. took the chair at half-past 12 o'clock.
PRIVATE BUSINESS.

The following bills were read a third time and passed:—
Bromley tas ; Enniskillen, Rundoran, and Sligo Railway;
Furness and Lancaster and Carlisle Union Railway ; Old-
ham Borough Improvement; Sirhowy Railway ; South
Eastern Railway ; Stapenhill and Burton-upon-Trent
Bridge ; Wigtownshire Roads ; and Worcester, Dean
Forest, and Monmouth Railway.