The Sun.
London, England, 1860-05-15 00:00:00

freshment, they were not going to open a new class of re-
freshment houses on Sundays.
After some further discussion, the committee divided
on the question that the word Sunday be inserted.
For the amendment R9

Against ll7-35
Clause 25 was agreed to.
On clause 26,
Mr. AYRTON suggested that the refreshment houses
having wine licenses should be closed during the hours of
divine service as well as the public-houses and beer-houses.
Mr. Griffith,Mr. Crossley, Mr. James, and Mr. Hardy
supported the same view.
" The CHANCELLOR of the EXCHEQUER said the
clause as drawn ran upon all fours with the words of the
Beer Act. The schedule at the end of the bill restricted
them from the sale of refreshments and wino. He had no
objection, therefore, to introduce into the clause those
words—" Nor shall any such house open for the sale of
wine or any article whatever." (Hear, hear.)
The clause as amended was agreed to.
On clause 27,
Mr. CROSSLEY proposed an amendment to the effect
that no license should be grantable to any person occupying
such house, in which a third offence shall have been com "
mated, to sell wine by retail under this act in such house
for the space of five years next ensuing such conviction.
The CHANCELLOR of the EXCHEQUER said he had
himself prepared an amendment which he thought would
meet the case. The words he proposed to insert were, "or
shall knowingly sell or offer for sale any wine so mixed,
diluted, or adulterated."
After a short conversation the amendment proposed by
the Chancellor of the Exchequer was agreed to.
Clauses 27, 28, 29, and 30 were ordered to stand part of
the bill.
Clause 31 was negatived.
Clauses 32, 33, and 34 were agreed to.'
On clause 35, providing for the exemption from the
general operation of the bill to certain places,
Mr. HARDY saicithe Vintners' Company could, without
taking out a license, open a place for the sale of wine, and
that ought not to be allowed. He would, therefore, move
an amendment to the effect that they be not allowed any
exemption from the operation of this bill.
The CHANCELLOR of the EXCHEQUER explained
that as regarded St. Albans the Mayor and Corporation
claimed under an ancient charter to enjoy the licensing
power which was ordinarily lodged in the hands of the jus-
tices, and consequently it was now proposed to exempt them.
To adopt the amendment of the hon. member for Leomin-
ster (Mr. Hardy) would be granting too much or too little,
and the effect would be to leave the law in a state of ambi-
guity.
Mr. W. MARTIN said it would be hardly fair to take
away the privilege without notice to the free vintners.
The committee divided—
For Mr. Hardy's amendment. 9O
Against it 97
Majority
Tho announcement was received with laughter.
The clause was then agreed to.
On clause 36,
Mr. AYRTON moved to leave out the word " Scotland."
He believed there was no part of her Majesty's dominions
which required a bill to promote temperance so much as
Scotland. (Laughter.) It was a remarkable fact that of
all the shops of £2O in value, one-half of them were public-
houses. He could not conceive why Scotland should not
come within the operation of the bill.
Lord FERMOY wished to know why Ireland was left
out of the operation of the measure. Of late years the
people of the sister island had become moderate in their
potations, and if this bill were extended to that country
French wines would no doubt be used to a considerable ex-
tent. He saw no reason why they should not have their
cheap claret in Ireland as well as in England. (Hear.)
Mr. BLACK said that Scotland did not consume all the
spirits made in Scotland ; a good deal of it was sent across
the border to England.
The CHANCELLOR of the EXCHEQUER said that the
...Secretary and Attorney-General for Ireland had told him
that there would be little difficulty in adapting the bill to
Ireland, but with respect to Scotland the case was different.
A commission had been sitting on the trade of that country;
that commission had reported, but its roport had not as yet
been printed. Under these circumstances he thought it
would be premature to legislate for Scotland.
Mr. M'CANN hoped there would be no delay in extend-
ing the bill to Ireland, as he believed it would be as benefi-
cial for that country as for England. He thought there
would be no difficulty in introducing the word " Ireland"
into the bill.
Colonel DUNNE was opposed to the extension of this or
of any other of the Government measures to Ireland, as he
considered them all to be rash, impolitic, and inexpedient.
Sir E. GROGAN said that when it was thought the bill
was to extend to Ireland, a considerable agitation was got
up in that country' against it. It was then intimated that
Ireland was to be excluded from the bill, and the agitation
subsided. Under these circumstances he thought it would
be a breach of faith to include Ireland in the bill.
Mr. M'CANN persisted in asserted that the feeling of
Ireland was in favour of the bill. He moved that the words
" or Ireland" be inserted in the clause.
Sir G. C. LEWIS said the discussion was wholly irrele-.
vant. If the provisions of the bill were to bo extended to
Ireland, it would be necessary to bring up an entire new
set of clauses, as it had been framed exclusively with a
view to English trade and customs.
After a few words from Mr. M'CANN,
Mr. HENLEY thought he might assure the members for
Dublin and Drogheda that, as in the case of the income tax,
the Right Hon. the Chancellor of the Exchequer would
oblige his Irish friends by early assimilation with England.
The amendmext was withdrawn and the clauge agreed to.
The committee then proceeded with the postponed
clauses.

Clauses 12 and 13 were negatived.
The CHANCELLOR :of the EXCHEQUER brought
up a clause in lieu of clause 12. A question had been raised
on the last discussion as to whether the veto in the license
should be vested in the Middlesex or the police magistrates,
in the case of the metropolis. The Government were of
opinion that it should be vested in the police magistrates.
Mr. AYRTON protested against placing the metropolis
under a despotism which didnot exist in other parts of the

country.
Sir G. C. LEWIS said the hon. member for the Tower
Hamlets was quite in error in supposing that the position
of the stipendiary magistrates in London were the same as
that of stipendiary magistrates in Manchester, Liverpool,
and other places. In London the power of the police ma-
gistrates was exclusive in their own districts. They did
not sit with the other magistrates. But in Liverpool,
Manchester, and elsewhere the stipendiary magistrates sat
with the others, and exercised a concurrent jurisdiction
with them. The clause was prepared with a view of meet-
ing this difference of circumstances. The hon. gentleman
said that the stipendiary magistrates in. Middlesex were
in the power of the Crown, and seemed to think
that it was the constant habit of the executive
to interfere with their functions. He (Sir G. C.
Lewis) was not aware of any instance in which the Secre-
tary of State had interfered with the stipendiary magis-
trates. (Hear, hear.) As to the notion of the commis-
sioners of the metropolitan police having any control over
the stipendiary magistrates it was a perfect chimera. The
title of inspectors of police might have a formidable sound
in the ears of the committee, but they were only officers
over the main body of the police ; and they possessed no
control over the magistrates. He thought there was no
ground for the objection of the hon. gentleman.
After a few words from several hon. members in opposi-
tion to the transferring this duty to the police magistrates,
The CHANCELLOR of the EXCHEQUER tie, d the
Government had but one wish, and that was that the duty
should be placed in the hands of those who would discharge
it with efficiency. He understood it would be little better
than a sinecure if left in the hands of the Middlesex magis-
trates, but as the feeling of the house seemed to be in the
opposite direction he had no hesitation in giving way to
that feeling. (Hear, hear.) But he must ask for some
time to amend that part of the clause, as a great many words
would have to be altered. He would amend it on bringing
up the report.
Mr. HENLEY considered it would be better to adopt in
this bill the machinery recommended by the public-houses
committee. As the clause now stood the proof required
was all negative. The party was to prove that he was not
an eating-house keeper, a coffee-house keeper, &c. He
considered that it would be much better if the party proved
all that was required before the magistrates in an affirma-
tive way, and by witnesses of character, and if the party
made out his claim the magistrates would certify the fact to
the excise, and the license would issue. It seemed to him
that would be an easy and sure mode of proceeding. For
the purpose, therefore, of raising this question, he would
move that all the words after the word " aforesaid," in line
20, be left out, because all the latter part of the clause re-
quired to be recast.
The CHANCELLOR of the EXCHEUQER said he
should be very glad to hear the suggestion of the right hon.
gentleman more fully discussed by the committee. The
advantage of hearing the views of his right hon. friend was
very great, but they did not bring conviction to his mind.
He did not think the Government had done wrong in giv-
ing the structure they had to the clause, and he did not con-
sider the reasons of the right hon. gentleman were such as
to induce them to accede to his motion.
Mr. S. ESTCOURT suppprted the amendment. If they
wished the magistrate to express an opinion he must do it
affirmatively.
The house then divided, when there appeared—
For the amendment
Against it .. 124-20
The Chaiiman then reported progress, and the house re-
sumed.
NUISANCES REMOVAL AND DISEASES PRE-
VENTION BILL.
The house then went into committee on this bill.
Mr. LO WE explained that the measure did not increase
the power of the central or local boards of health.
Lord FERMOY moved to report progress, which was
consented to, and the house resumed.
The Oxford Un versity Bill, with the Lords' Amend-
ments, was considered.
The Marriages in Extra Parochial Places 13111, and the