The Sun.
London, England, 1838-07-09 00:00:00

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NINTATIONAL• LOAN FUND BILL_
Sir B. HALL moved the third reading of the above Bill.
After a pause, Mr. P. THOMSON' came running in, and
said, I shall object to the Bill being read a third time. The
Government has a measure in contemplation to amend the
Act of last year, which will, govern not only the present
one, but all other Billa similarly situated.—( Hear, hear.)
I hope the House will not give the power to one Company
while it does not give it to all. lam perfectly aware that many
Companies have refrained from asking for such powers in ex-
pectation of a general measure, and therefore I think it will
be impruer to give it to one particular Company. Though
I am aware that there has been a great canvass in favour of this
Bill, still I think it my duty to divide the House upon the
question.
Mr. O'CONNELL considered that nothing could be more
unfair than such opposition. The Bill was brought in, and
had been postponed on the very same ground, that the Go-
vernment were going to bring in a general measure. The
Government had obtained leave to bring in such a Bill, but
that Bill had not been brought in at the present moment.
Mr. P. THOMSON—It is in the House.

Mr. O'CONNELL—Then it must be in the Right Hon.
Gentleman's pocket—that can be the only way in which
it can have found its way into the House.—( Laughter.) If
this Bill be delayed longer, and the Right Honourable Gen-
tleman's Bill is not brought in, it w'ont have time to get
through the Lords.—( Hear' hear.) That this is a right
measure, is admitted by the Right Hon. Gentleman, and he
says he is actually going to make it the general law of the
land. If he is going to make it the general law of the land,
this Bill will not be necessary. If the Government carry the
general Bill, that moment the promoters of this Bill under-
take to stop in the Lords. The_Company require nothing but
that their creditors should have the power of suing
them, and that they may have a remedy against each other for
defaults committed by one partner—that is all the Bill seeks.
Ought that Bill to be prevented from going to the House of
Lords, where the parties undertake (and I undertake for
them) to stop the Bill, as soon as it is manifest a Government
Bill is likely to pass ? This is the second time we have dis-
cussed this Bill. On the former occasion we were promised
a Government Bill before this Bill went through Committee.
That Bill has not yet been brought before the House, although
the other Bill has arrived at its last stage, and under
those circumstances, I hope the House will allow it to pass.
Mr. WALLACE said, a clause that had been very much
objected to—the non-liability clause—was not in this Bill, as
was generally supposed. There had been very great reasons
stated by the Hon. Member for Dublin in favour of the Bill ;
and, notwithstanding he agreed with the Right Hon. Gentle-
man the President of the Board of Trade as to the general
measure, yet he felt bound, under all the circumstances, to
support the Bill for the present.
Mr. O'CONNELL said the liability was complete, and if
the Bill passed, execution could at once be issued when the
claim had been substantiated.

Sir E. SUGDEN said this Company was endeavourinr,
to obtain a remedy which no Company had hitherto possessed,°
and he thought that was not quite right. The Govern-
ment had declared it to be their intention to bring in
a general Bill upon the subject; and when thdt Bill
was introduce], he should be ready to give it his b-st conside-
ration. In the meantime he must object to this Company—
of which he knew nothing, nor desired to know anything—
Leing vested with powers possessed by no other Company; and
on that ground he should oppose the Bill.

Mr. PRAED said the 'Bill did not give this Company
an advantage over other Companies, though it did give
that Company something not possessed by others, which
was a facility to the members of that Company to sue one
another. The whole pestion lay in a nutshell. An Act had been
passed, intended to give such facility—it was found not to
have that effect. The Company came, therefore, to that
Howe, and applied for the power of suing each other.
" No," said the Right Honourable Gentleman (Mr. P.
Thomson) " you ought to have it—all Companies ought
to have it. I have a Bill in my pocket giving this power to
all Companies—therefore }ou shall not have it." If this BM
passed, and a general measure afterwards passed, giving the
same power to all Companies, what ill effect cauld follow?
On the other hand, if the general measure did not pass, a
great benefit would in the case of this Company be effected.
Air. HUAIE said he had known several Bills passed
giving the same power as this Bill conferred. He bad
jetted, indeed, to partial legislation, and had urged the Go-
vern neat to tiring in a general measure; but was it fair, if
the Government would not take that cou-se, to stop a most
use fel Bill ? He thought the proposal that the Bill should Le
stcp;)cd in the Lords, if the general Bill were brought r. ar d ,
a ye y fair and reasonable one; and he hoped the House
oul 1 agree to the third reading of the Ilear. )
Si: B. HALL was quite ready to agree that the Bill
I e stopped in the other House, if the general measure were
introduced. The Bill had been brought in very early in the
session, and the second reading pos'poned, because the Right
Hon. Gentleman asked for a delay of three weeks to bring in
a geaeral Bill. Six weeks had passed —( Hear)—and now,
at the close of the session almost, the Government opposed
the third relding of the Bill. Was not that a bad case?
Mr. P. THOMSON said, after what had fallen from the
Hon Baronet, he must say a word in explanation. lie stated
at the very first t ,at lie would give this Bill his opposition, in-
asmuch as he thought it would be improper for a special Bill
of this kind to pass. The House might decide as it pleased,
tut he considered himself bound, after what had taken place
with respect to other Companies, to prevent, if possible, the
pusing of this Bill. With respect to the Bill which he bad
introduced, it was not his fault that it had not been proceeded
with more rapidly.

.
Sir J. GRAHAM said that it was impossible for any one
to bo more oppoied to partial legislation than himself. hit
w:th respect to the ixesent Bill, the period of the session at
which they had arrived, required it to receive a favourable
consideration. If lie bad any hope that the Bill of the Hon.
Gentleman opposite would pass during the present Session,
he would not vote for the third reading of tl.i3 Bill; but, con-
sidering the advanced period of the Session, he was convinced
it could not pass, and therefore should vote for the third read.
ing of the present Bill.
Mr. FRE SHFIE LD said it was the right of a creditor
to haveiffe r
ehis t
members executionie
ersof a Company. in anyo proportionoy. I f
1
heo
memberscould
againstf a
tie different
company paid 101. each more than their share, each of these
100 members must bring his 100 actions, not against one
individual, but against every member of the Company,
to recover from that member his particular contribution to
this very payment by the individual member. Where the
relation of partnership subsisted it required to be dealt with
in a different way from actions at common law, and he hoped
the Bill to be brought in by the Hon. Member would provide
for the difficulties which the present Bill did not provide for,
but tended to increase.

Mr. O'CONNELL said there was no remedy against part-
ners but by a bill in equity ; and he appealed to the Honour-
able Member whether he had the heart to drive so many of
his fellow-creatures into a Court of Equity.—( Laughter.)
If one of the winners died during the proceedings, fresh pro-
eeediugs should be instituted, and the result was that there
was actually no remedy at all. Was that species of legisla-
tion to be continued?—(Hear, hear.) He hoped not, and
that the good sense of the House would be evinced by its sup-
port of the present measure.—( Hear, hear.)
After a few words from Sir E. SIJGDEN,
Strangers were ordered to withdraw, and the House divided,
when the numbers were :

For the third reading
Against it .................................... 38
Majority 7l
cheTchriengß.ill was then read a third time and passed, amid loud
ASHBY-DE-LA-ZOUCH SMALL DEBTS BILL.
This Bill was read a third time and passed.
HARTLEPOOL DOCK AND RAILWAY.
Lord DUNGANNON moved the further consideration of
the Report of the Hartlepool Dock and Railway Bill.
Mr. CAYLEY could not agree to the motion, and moved,
as an amendment, that the Bill be further considered that day
three months.
The gallery was then cleared for a divisiun.
The House divided, when there appeared—
For the motion 63
For the amendment 47
Majority
—l6
The report was then ordered to be engrossed
Petitions were presented by Sir W. JAMES and another
Hon. Member, praying for increased ecclesiastical provision
for the inhabitants of Canada ; also against further grants to
the College of Maynooth.
PROTESTANT DISSENTERS' REGISTRY.
Mr. BAINES asked if a report had been received from the
Commission which bad been appointed
atnose:earmaiener:o.vt:
validity of a certain reg'stry of Protestant Dissenters ? And
whether it would be laid before the House this Session ?
Lord J. RUSSELL was understood
both questions.

PENSION COMMITTEE.
Captain PECHELL asked when the report of the Pen-
sions' Committee would be received, and if the evidence
would be printed?
The CHANCELLOR of the EXCHEQUER'S reply,
as far as we
decisive answer t undo
eithedr erstoo,
question was, that he could not give any

questions to the
C.
Sir Sir E. SUGDEN wi put
some
Noble Lord (J. Russell) respecting Canada. The Act passed
this session suspended the functions of the Legialative
Council and Legislative Assembly, and authorizes the Go-
vernor to appoint a Special Council.
By a dispatch published it was stated that twenty-one persons
had been appointed for a Special Council, de",
of
whom
were French Canadians, two others natives, and the remainder
of them, he supposed, Frit' sh subjects ; and a Session was
held in which twenty-s.x aws wee pased.
Sir John Colborne dissolveld the Ceruneil,s and bEarly in May
3r a dispatch of
about the same date stated the satisfaction he hid experienced
from the unanimity and good conduct of the Council, and
that ho believed their ordinances had been received
with the greatest approbation. He wanted to know whether
Government had authorized, by instructions, Lord Durham to
not simply t ) appoint an Executive Council, but also to re.
move the existing Special Council. and to appoint a new
Special
Council; and whether the Noble Lord objected to lay
on the table of the HOUFC the instructions on these subjects, or
either of them, with other papers, if necessary. 14
--0 a.so wanted
t,)lxt.ovr %s Nether the Noble Lord was aware how many persor s,
and whom had been appointed to the two Councils—whe-
th.)r they ex, eed, d five in numl er, and were the same persons ?
And the que,tion aS, whet' er the Government bad abandoned
and %bother it appeared by any instructions to Lord Durham
an intension was expressed in the despatch from Lord
Gipn, to during the cli<cussions in the house upon the bill,
that he was to have a Convention of the States or Delegates,
in on'er to ascertain the opinions of Upper and Lower
Can ada.