The Sun.
London, England, 1858-06-24 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS—YESTERDAY.
The SPEAKER took the chair at 12 o'clock.
PRIVATE BUSINESS.
The Lords' amendments to the Edinburgh and Glas-
gow and Stirling and Dunfermline Railways Bill, and
Fife and Kinross and Kinross-shire Railways Bill,
were considered and agreed to.
The Severn Valley Railway (Extension of Time) Bill
was considered, and ordered to be read a third time.
REGISTRATION OF PARTNERSHIP BILL.
Viscount GODERICH moved the second reading of
this bill. The object of the measure was a very simple
one. It merely proposed that all persons who entered
into partnership, or who traded either under other
names than their owe, or under the indefinite appella-
tion of a " company," should be required to make
known to the public who and what the partners were.
To obtain that object he proposed that the names of
persons so trading should be entered in a register, and
be open to the examination of all persons interested and
requiring information. That being the single object of
the bill, it appeared to him to be worthy the considera-
tion of the house, first for reasons which recommended
the adoption of such a system necessary, and then be-
cause he thought he should be able to show that the
adoption of such a system had received the sanction and
approval of a large portion of the commercial commu-
nity. He thought no one would deny that the greatest
facilities should be afforded to the trading public of
knowing who the parties really were with whom they
were dealing. The present system of persons trading
under the name of old and respectable firms admitted of
great fraud. There were numerous instances of such
frauds on record, but be would not detain the house
under the present state of the surrounding atmosphere
—(hear)—which he thought ought to be remedied with-
out delay—(hear)—by entering at great length into
them, but he should content himself with quoting two
instances, which,would illustrate the whole working of the
system, and which it was the duty of the house to take im-
snediate steps to remedy. One was the case of Mr. Stephens,
who was connected with the Eastern Banking Company,
who in his examination before the Scotch Bankruptcy
Court admitted he was the head and sole representative
of a variety of firms, each trading under a distinct and
separate name; and the other was a recent case in
Dundee, where a person in insolvent circumstances had
for a number of years maintained a false position and
credit on the faith of the name of the firm. The bill bad
been introduced at the request and on the approval of
all the Chambers of Commerce in that part of York-
shire which be bad the honour to represent. The history
of the bill was this: In 1856 the Commercial Association
of Manchester took the subject into their considera-
tion, and, with the aid of legal assistance, they drew up
a paper on the subject in accordance with the heads
of the bill before the house, and the machinery it pre-
vided for carrying out its object. Ia 1857 the heads of
the paper referred to were submitted to the considera-
tion of the Mercantile Law Conference, presided over
by Lord Brougham, and at that conference a resolution
was agreed to approving of the principle embodied in
this bill. The Chambers of Commerce of Leeds, Brad.
ford, Sheffield, Huddersfield, Manchester, Bristol, Wel-
verhampton, and other places in England had petitioned
the house in favour of the bill, and the Chambers of
Commerce of Edinburgh and Dundee had petitioned
that its provisions might be extended to Scotland.
It was true that a petition had been presented from
Manchester against the bill, and if that was to be urged
as a reason for the house not approving of the bill, he
had a right to say that he bad a larger number of the
commercial community in its favour, whose opinions,
he contended, were entitled to weight and consideration
in that house. The bill had been characterised as an in-
quisitorial measure, but he thought it an inappropriate
appellation. If the commercial community were un-
willing to receive such a measnre, that would be a suf-
ficient reason for the house rejecting it, but that was
not the case, and he hoped the house would agree to his
motion.
The motion having been seconded,
Mr. COLLIER considered the hill would inflict injury
on the trading community without a corresponding ad-
vantage. The bill would press heavily on the poorer
classes, for if it were carried any two costermongers or
fish-women who joined in a speculation only one day
would be obliged to pay half a-crown each for registra-
tion before they could recover the value of the goods
they had sold. This bill was inquisitorial in is charac-
ter, and would comp:icate and perplex the already diffi-
cult question of partnership. This measure was a step
in the wrong direction. It was re-enacting protec-
tion, which was contrary to, the principles of molern
legislation. The commercial community did not require
the measure, but the registrars generally throughout
the country. They were the prime movers in the
affair. They had a strong organisation throughout the
country, and they were continually agitatine roe ist ration,
and he believed trey would never be satisfied till they
had registered everybody and everything. If the shop-
keepers of the country really knew what the bill, if
carried, had is store for them, they would unanimously
rise against it, and petition for its rejection. He moved
the second reading of the bill this day six months.
Mr. MOFFAT2 seconded the amendment. He con-
sidered the bill would prove a mockery, a delusion, and
a sham wit, regard to the trading community.
Mr. BUXTON was in favour of the mea=gre. It
would be a protection to the country. It d.cl not med-
dle with the law of partnership. It left that where
it was, and a'l it proposed v. as to provide a check
against dishonest firms carrying on business under false
pretences. Many of the objections to the bill c mid be
considered and, if necessary, remedied in committee.
They did not apply to the principle of the tiil. The
main evil in this country, as contradistinguished
from most others carrying on large commercial transac•
tions was, that firms were allowed in this country to re-
tain and to use their original designation and titles,
when the old and monied partners hal retired from the
concern, and young men of no capital traded on the
reputation and credit of the old concern.