The Sun.
London, England, 1858-07-24 00:00:00

1858,

METROPOLIS LOCAL MANAGEMENT BILL. r
On the motion that this bid as amended, be considered,
Lord J. MANNERS moved, that no works upon the '
bed or shores of the said river Thames below high-water I
mark shall at any time be commenced or executed, under
the provisions of this act, without the same having been
previously approved of by the Lord High Admiral, or 1
the Commissioners for executing the office of Lord High I
Admiral; such approval to be from time to time specified
in writing, under the hand of the Secretary to the
Admiralty.
Mr. AYRTON suggested that after the words
" high-water mark" there should be inserted, " which
shall interfere with the navigation of the river."
Lord J. MANNERS said he had no objection,
and the clause, as amended, was agreed to.
Lord J. MANNERS then moved, that it may be
lawful for the Secretary of State for the Home De-
partment, at his discretion, on representation or com-
plaint made to him of any nuisance committed in the
execution of any works, or in deodorising any sewage,
or in disposing of any sewage or refuse from sewers,
or in any other manner under this act, to cause in-
quiry to be made into the matter represented or
complained of to him, and to direct such prosecution
or prosecutions, or to take such other proceedings as
he may think fit, in order to ensure the prevention
or abatement of such nuisance as aforesaid.
Agreed to.
On clause 1,
Mr. PULLER moved the insertion of the words, "or
from being brought within the boundaries of the metro- I
polis by the action of the tide."
Lord J. MANNERS said that the Government had
determined not to interfere with the points of outfall or
the plans. The oth clause would be sufficient to pre-
vent any nuisance such as that contemplated by the
hon. gentleman. He therefore hoped the hoe. member
would not press his amendment.
The amendment was negatived without a division.
The report was then received, and the bill was ordered
to be read a third time to-morrow (this day).
DRAFTS ON BANKERS 'LAW AMENDMENT
LILL.
On the motion that the report on this bill be con-
sidered,
Mr. HANKEY said he was absent when the measure
passed through its previous stage, as he had no idea that
it would be brought forward at a late hour. He al-o
said that he thought the bill might have been made more
simple than it was.
Mr. MALINS deprecated the custom of proceeding
with important bills like that under consideration at a
late hour at night. (Hear, hear.) The question was one
of the greatest importance, and it was of the utmost con-
sequeece to trading and mercantile interests that it
should be settled. He had been in communication with
a gentleman who suggested a very simple plan for c 1.-
rectiog and putting a stop to the abuses and frauds which
were for some time back in operation in relation to
" crossed" cheques. His plan had been sub-nitted to
numerous bankers, and was admitted by them to be an
effectual safeguard against fraud. It was to write the
cheque, and on the counterfoil of the cheque, the words
" crossed cheque," and no one was to be at liberty to
pay the cheque but the banker upon whom it was
drawn. The foil upon which the words " crossed
cheque" were written, was to be torn off, and held as a
cheque against any fraudulent negotiation of the instru-
ment.
The ATTORNEY-GENERA L greatly regretted that
there was much misapprehension about the character
and probable operation of the bill. It was well known
to every London banker and drawer of cheques that
" crossing" cheques had been hitherto the best and
most effectual protection against carelessness or disho-
nesty, in the event of the cheque being stolen or lost.
That safeguard, however, became inoperative, and Mr.
Apsley Pellatt brought in a bill to remedy the defect.
It was, however, found that the bill thus brought in was
entirely ineffectual ; and he (the Attorney-General) at
the request of some of the most eminent mercantile men,
amounting in number to 1,300, brought in the present
bill. The object of the bill was to make it obligatory
on parties to cross cheques, and that when crossed the
party attempting fraudulently to convert them would be
severely punishable by law.
Mr. ROEBUCK said crossed cheques were certainly
of great importance as a protection against fraud. He,
however, much regretted that in the framing of cheques
a change had been made in the bill, doing away with the
necessity of having them written upon ruled paper.
Mr. INGRAM was of opinion that writing the words
" crossed cheque" across the water mark, would be a
great protection against fraud.
The report of the amendments was agreed to, and the
bill was ordered to be read a third time tomorrow.
PROBATE AND LETTERS OF ADMINISTRA-
TION AMENDMENT ACT.
The ATTORNEY-GENERAL, in moving the second
reading of this bill, said his object in introducing it was
principally with a view of correcting some errors which
had crept into the former bill. The present bill would
enable the judge of ono of the newly-appointed
courts to sit occasionally in the Court Of Probate, by way
of assisting and relieving the judge of the latter, who
would also be empowered by the bill to sit in chambers.
lie should therefore propose that the bill be now read a
second time, and that it be committed to-morrow (this
day.)
Mr. MALINS hoped his hon. and learned friend
would not persevere in his motion to commit the bill
to-morrow, and that he would postpone the going into
committee until Monday. He assured his hon. and
learned friend that his object was not to gain time that
' he might oppose the bill.
' Lord HOT HAM complained that the effect of the pro-
viso of the bill would be to interfere with and obstruct
' country practitioners in the pursuit of their profession ;
and be hoped his hon. and learned friend would not per-
severe in maintaining that proviso in the bill.
The ATTORNEY-GENERAL begged to suggest to
his noble friend that the consideration of the question
would be more proper for the committee ; and if the bill
should, on passing through committee, appear defective,
it could, in a future session, be amended, when they
would have more experience of its working,
Lord HOTHAM—It was all very well for his hon.
and learned friend to say, " wait until we go into com-
mittee." The question was important and ought not to
be thrown over.
Mr. WARREN said he had given notice already of
his intention to move an amendment in committee,
"That the Court of Probate be thrown open to the
members of the bar generally to practise in ;" and he
should also take the opportunity of moving in committee
that all members of the bar, and all attorneys, should be
at liberty to practise in the Admiralty Court. He
would now give notice to his hon. and learned friend
that it was his intention to persevere in those amend-
ments. (Hear, bear.)
Mr. HADFIELD begged to remind the house that
last session, when the Probate 13111 was before them, it
was agreed to give compensation to those who were to
be deprived by the provisions of the bill of theadvantages
which they exclusively possessed in the exercise and prac-
, tlce of their profession under the old system, provided the
monopoly which those persons possessed were broken
down, and that the court was to be thrown open to all
practitioners. (Hear.) The bill passed that house,
the clause being , retained, and the measure was sent up
in that state to the other house. There, the part of the
clause relating to compensation was retained ; but the
part giving power to all barristers and members of
the prcfeaUon to practise in the court was struck out by
some influence. He therefore proposed that the whole
monopoly be thrown open to the profession in the Court
of Probate, and also in the Court of Admiralty. (Hear.)
He wished to know whether his hon. and learned friend
the Attorney-General would introduce a clause in the
bill to that effect-. (Hear.)
Mr. WARREN hoped such a clause would be intro-
duced in both bills, in that of the Court of Probate, and
also in that of the Court of Admiralty. (Hear.) He
hoped his hun. and learned friend would reprint the bill,
which would give them an opportunity
were its provisions. of seeing what
The bill was then read a second time, and ordered to
be committed this day.
ENCUMBERED ESTATES (WEST INDIES)
ACT AMENDMENT BILL.
Ei mle amendments proposed by the ATTORNEY GENE-
NERAL having been considered, they were ordered to be
read a third time to-morrow.
DIVORCE AND MATRIMONIAL CAUSES ACT
AMENDMENT BILL.
The ATTORNEY-GENERAL, in moving the second
reading of this bill, briefly explained its provisions, and
stated that it was not his intention to retain clause 5,
which had reference to parties residing abroad.
After a few words from Mr. HADFIELD and Mr.
LIGON, the bill was read a second time.
COPYRIGHT OF DESIGNS BILL.
The Lords' amendments to this bill were considered
and agreed to.
CORRUPT PRACTICES PREVENTION ACT
CONTINUANCE BILL.
On the order of the day being read for resuming the
adjourned debate in committee on the first clause of this
bill,
Mr. DUNCOMBE hoped the Home Secretary's
proposition for passing this bid merely as a continn-
anee measure would he accepted by the house. Let a
good bill be prepared during the recess and referred next
session, if necessary, to a select committee. He should
support tbleeermfoortisonseffiofeltdhe hon. and learned
foromitiingthefirgstenctlemlausaen,
twhheicmhewmould, in effect, make the bill a continuance bill
only.
Lord PALMERSTON said he thought the law should
not be allowed to remain in its present unsettled state,
and therefore he would vote for the clause.
Ms. B. OSBORNE differed from the noble lord. The
bill was an attempt to legalise bribery and corruption,
and as such he would decidedly oppose it.
Mr. GREER said it was e carn,:h; -pra.,,f,:,; CL;ii.
ns eon, .....a cu,--ravre he wouki vote against it.
(Divide.)
Mr. BRADY opposed the clause.
Mr. AYRTON sand he had suggested the clau e, and
hall Ted the house wound adopt it, as it would remove
esasting doubts as to the legality of candidates prying
for conveyances.
Mr. CRAWFORD objected to the cause, amidst con-
tinued cries of " Oh, oh," and "Divide."
Mr. HOLLAND supported the clause:
The house then divided—
For the clause 94
Agaitn t it 6O
Majority,
The clause was then agreed to.
On clause 3 having been proposed, —2B
Mr. HUGESSEN moved an amendment to leave out
the word " election" the offset of which would be to
make the clause read "and all persons nominated."
Mr. WALPOLE said the amendment, if agreed to,
would materially alter the character of the bill. The
only amenchneat which he (Mr. Wapole) introduced in.