The Sun.
London, England, 1853-07-15 00:00:00

`l' 14 P, SUN, LONDON, FAIDAY EVENING, JULY 15, 1858,

•CUSTOMS DUTIES ON SPIRITS BILL.
This bill passed through committee.
GENERAL BOARD OF HEALTH BILL.

On the order of the day that this bill as amended be
considered,
Mr. HALSEY moved the following clause :—" That it
shall not be lawful for the General Board of Health, after
the first day of September, 1853, to nominate or appoint
any person as superintending inspector, otherwise than at
a fixed yearly salary : provided always, that any such
person, so appointed, shall be removable at any time by
the said board, upon three calendar months' notice, and
that it shall not be lawful for any person so appointed, to
receive any money, emolument, fee, or reward, directly or
indirectly, from any party, except from the said board,
for or in respect of any work or plans of works executed or
to be executed under the authority of the said board."
Sir W. MOLESWORTH said the object of the bill was
simply to confirm provisional orders of the Board of Health,
that the Health of Towns Act apply to those towns. Ho
objected to this clause, because it did not come within the
title and intention of the bill. Nevertheless he agreed in
the general principle of the clause. The inspectors were
not salaried officers of the board, but were employed, as it
were, by the job, and they were therefore at liberty to get
employment elsewhere. It appeared to him that they
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Health was brought forward next year, it was the inten-
tion of Government to make a change similar to that pro-
posed by the hon. gentleman.
Sir G. PECHELL supported the clause. These inspec-
tors went to towns, and a tenth of the inhabitants having
declared themselves in favour of introducing the Health of
Towns Act, the inspectors made wcrk for themselves. He
thought the Board of Health ought to be reconstituted.
Mr. LOCKE said the proceedings of the Board of Health
were antagonistic to the municipal feeling of the country.
Whether the clause was brought up or not, he trusted
there would be an alteration in the Health of Towns Act.
The clause was negatived without a division.
Mr. BARROW moved to add the following proviso to
section 2 : " Provided, that it shall not be lawful for the
Local Board of Health of the district 'of Hertford to con-
struct or use, or suffer or permit to be constructed or used,
any sewers or drains by means of which the sewage of the
said district, or any part thereof, shall be carried into the
River Lea at or above the point of the said river in the
parish of Saint John, Hertford, where the balance engine
of the governor and company of the New River brought
from Chadwell and Amwell to London is erected, by means
of which the said governor and company of the New River
derive their supply of water from the said River Lea for
the supply of the metropolis."
Mr. W. COWPER said the corporation of Hertford were
engaged in negotiations which might have the effect of se-
curing the object *contemplated in this proviso. As the
representative of Hertford, he felt bound to oppose the
amendment.
The house then divided—
For the proviso 23
Against it 47
Majority —24
Sir G. B. PECHELL moved the following proviso to
section 2 :—" That it shall not be lawful for the General
Board of Health to put in force any of the said provisional
orders, unless upon the petition of a majority of the inha-
bitants rated to the relief of the poor of any such places
referred to in the said schedule."
Mr. BASS regretted that such a bill should have been
introduced at so late an hour, and that the Government
should have postponed the amendment
next session. He apprehended that the right hon. baronet
had sufficent influence with the board virtually to carry
out the object.
Sir W. MOLESWORTH said he had before stated that
he was opposed to the application of the powers of the
Board of Health to any town where it was objected to by
the majority of the
inhabitants : but he must oppose the
clause as not coming within the scope of the bill.
After a few observations from Mr. w HALLEY, the pro-
viso was withdrawn, and the bill as amended considered.
NEWSPAPER STAMP DUTIES BILL.
The ATTORNEY-GENERAL moved the second reading
of this bill. The stamps upon newspapers were regulated
by the 6th and 7th of William IV., c. 76, the schedule in
which contained two sections, one of which defined as a
newspaper " any paper containing public news, intelli-
gence, or occurrences, printed in any part of the kingdom,"
and the second of which defined a newspaper to be any
publication provided it were published at intervals not
exceeding 26 days," that it did not exceed certain dimen-
sions, and was sold at a price not exceeding sixpence. It
had always been thought that the first clause embraced
every species of publication, but the Court of Exchequer
put a construction upon the schedule which somewhat
surprised the legal profession generally, and which had
been very much doubted. The Court of Exchequer held
and the second section was restrictive upon the first, and
that a newspaper, to come within the general terms of the
first, must satisfy the exigencies of the second, as regarded
dimensions and price, and the intervals of publication.
The decision of the court was upon the point as to whether
a publication not published within 26 days came within
the meaning of the act. That decision was, as he
had stated, much doubted, and the opinion ofthe law
officers of the Crown was taken thereon, If it had been
thought expedient, it would have been their duty to have
appealed against that decision, and to have taken it up
for judgment to another court ; but the Government
thought that it was not desirable to go against the de-
cision of the Court of Exchequer, 'and ha thought it,
on the contrary, better not to attempt to enforce the
act in cases where publications were not issued within
the period of 26 days. But then, with regard to the other
two portions of the second section, arose thisdifficulty,
—that if the second section, as the Court of Exchequer
decided, were restrictive upon the more general section,
then any newspaper exceeding the dimensions provided by
the act, and sold at a price exceeding &1., would become
altogether exempt from the necessity of paying any
duty at all ; and thus the larger newspaper would bo
exempted from duty, while the smaller newspaper would
have to pay the duty. This would be a great injustice to
the smaller newspapers ; for to say that a newspaper like
the Examiner, which was sold at Gd., should pay duty,
while the Spectator, which was sold at 9d., was exempted,
would be an injustice obvious to every one. (Hear.) His
proposal, therefore, was to establish the law on a clear
basis, and make it uniform with regard to all classes
of newspapers, whether large or small, and at whatever
price they might be sold. Without going into the policy
or impolicy of the stamp on newspapers, it was clearly of
importance that it should be applied on an equitable prin-
ciple to all newspapers, whether large or small, and that
was the object of the present measure.
Mr. GIBSON said, there were two bills before the house
applicable to newspapers. One of those bills, to which the
hon. and learned gentleman had just called their attention,
defined what was a newspaper chargeable with duty ; but,
in order to ascertain what that duty was, they must go
to another bill, called the Stamp Duties Bill. Now, he
submitted that the definition of what a newspaper was
and what duty was chargeable ought to bo found in the
same bill. The present was a most inconvenient course,
and he would therefore suggest to the Chancellor of
the Exchequer that he should put his proposal with re-
ference to the duties and the supplements on news-
papers into this bill—so that they might have only one
measure to refer to. (Hear.) He was sorry that it was
not thought fit to bring in a bill upon this subject before
parties were put to the expense of defending themselves
in a court of justice. This was a bill for the protection
of Mr. Dickens's publication, the Household Narrative,
but the truth was that Mr. Dickens had already protected
himself in a court of justice, where it was decided that
his publication was not liable to duty. The proprietors
of monthly papers, therefore, owed the Government no
thanks, for they had already fought their own battle.
(Hear, hear.) He should like to know before sitting down,
whether the costs which parties had paid in defending
themselves against these persecutions would not be paid by
the Government? When they exempted them from the stamq
duty, it was but fair that they should be relieved from the
heavy costs which they had incurred. (Hear.)
The CIIANCELLOR of the EXCHEQUER said the
Attorney-General had, in the course of his address, stated
that in the view of the Government there was reason to
question the decision of the Court of Exchequer. In those

Id Circumstances the right hon. gentleman would see that
would be a most anomalous course for Government to pay
the costs of the parties. (Hear.) With regard to the
other suggestion, that the proposal as to the dfinition of
a newspaper should be in the same bill which regulated
the charge of the duty, he thought there might be conve-
nience in that course ; and at any rate it would be con-
sidered. But, if it was to be done, the better way would
be to import the few clauses of the present bill into the
Stamp Duties Bill.

Mr: GIBSON said that would bo inconvenient, because
there were other duties, such as the attorneys' certificates,
&c., in the Stamp Duties Bill.
The bill was then read a second time and ordered to be
committed on Monday next.
The Coinage Offences (Colonies) Bill was read a third
time and passed.
Mr. FITZROY obtained leave to bring in a bill to con-
tinue an act for authorising the application of highway
rates to turnpike-roads ; also a bill to confirm certain pro-
visional orders made under an act of the 15th year of her
Majesty to facilitate arrangements for the relief of turn-
pike trusts, and to make certain provisions respecting ex-
emption from tolls ; also a bill to continue certain Turn-
pike Acts in Great Britain, and to make further provisions
concerning turnpike-roads in England; also a bill to con-
tinue the Metropolitan Sewers Act ; and a bill to extend
and continue an act of the 12th year of her present Ma-
jesty, to prevent the spreading of contagious or infectious
disorders among sheep, cattle, or other animals.

BETTING-HOUSES BILL.
The ATTORNEY-GENERAL brought in his bill to abolish
betting-houses, which was read a first time.
The house adjourned at two o'clock.