The Sun.
London, England, 1866-07-24 00:00:00

IMPERIAL PARLIAMENT

HOUSE OF COMMONS—Tuns DAY.
The SPEAKER took the chair' at twelve o'clock.
PRIVATE BUSINESS.

The Lords' amendments to the following bills were con-
sidered and agreed to, and the bills were read a third time
and passed :—Great Eastern Railway (Alexandra Park
Branches), Great North of Scotland Railway, Llanelly
Railway and Dock, Muswell Hill Estate and Railways, and
North British Railway (Camps, &c., Branches).
CIVIL SERVICE SUPPLEMENTAL ESTIMATES.
Mr. HUNT laid on the table these estimates.
NEW MEMBER.

Mr. JOHN A. SMITH took the oaths and his seat on his
election for Hertfordshire.

THE LIVERPOOL SEWAGE UTILIZATION BILL,
This bill was read a third time and passed.
PUBLIC HEALTH BILL.

On the order of the day for going into committee on this
bill,

Mr. HENLEY said he considered that they should
postpone the first part of this bill this session. That part
related to the sewage and water supply, and the second
part referred to the removal of nuisances, and that latter
portion of the bill which it was proposed should be of
immediate application was most important. In the pre-
sent bill there was a very serious omission, namely, in the
absence of any provision for any ample supply of water
for the cleansing purposes. The right hon. gentleman
contended at much length that the portions of the bill to
which he took exception might be postponed until next
session, as they did not demand immediate legislation.
Mr. AUSTIN BRUCE said he was obliged to differ
with the right hon. gentleman (Mr. Henley), for he con-
sidered the points to which the right hon. gentleman
referred as being of a character that might be postponed,
were exactly those which required immediate legislation.
(Hear, hear, and " No, no.") He was of opinion that
in order to give effect to any act of this description they
should secure the co-operation of the local authorities
and in order to accomplish that object clauses had been
introduced into the bill, to enable the inhabitants of any
particular parish to apportion a part of the rates for the
purpose of sewage and public health. lie referred to the
state of workhouses in the metropolis and other parts of
the kingdom, where the absence of those sanitary regula-
tions provided by this bill led to a very great increase in
deaths, particularly in respect to children,andr
the lastheilluotrated by reference to the bills of mortality for

two or three years.
Mr. CAVE said that he could not agree with his right
hon. friend (Mr. Henley) as to the propriety of postponing
legislation on certain portions of this bill. He agreed with
the last speaker that immediate legislation on the subject
was necessary.

Mr. AYRTON said, that according to his Parliamentary
experience he never knew of a measure of such magnitude
as the present bill introduced by the mover in a
speech so incommensurate with its importance. He
totally objected to the powers conferred on the
police in carrying out the whole of the provisions of
this bill. For instance, poor persons might be turned out
of their tenements without any place for their shelter being
supplied, which, he considered, was in itself an objection
that should be regarded as fatal to the measure by those
who wets influenced by constitutional principles. Powers
vested in a magistracy, which it was proposed under the
bill to transfer to transfer to the police, was exercised with
humanity and discretion ; and he did not think that such
transfer to the authorities of Scotland-yard was calculated
to inspire much respect for law on the part of the commu-
nity. The local authorities would by this bill be liable to
be brought under the despotic influence of stipendiary
magistrates, which might possibly have the effect of de-
priving the public of their services. The way in which
he improvement in habits which was contemplated by this
bill was not in arming of the police with power to thrust
themselves into private dwellings, but by an extension of
religion and morality among the community.
Sir G. GREY considered that the state of the law re-
specting overcrowding of houses and sanitary regulations
was not so satisfactory as not to require amendment, and
he supported the bill. He denied that there were any
grounds for apprehending an excess of power on the part
of the police in giving effect to this bill, and referred to the
Smoke Nuisances Act as supporting that viow.
Mr. T. HUGHES entreated the house not to allow a bill
of so important a character as the present to be arrested in
its progress this session, and he contended that public feel-
ing was in its favour. There might be some concessions
on the part of the supporters of the bill, but he trusted that
the bill in some modified form would pass the Legislature.
Mr. GRAVES could speak to the feeling in Liverpool on
the subject of this bill, and it was decidedly in favour of
its provisions.

Mr. H. LEWIS agreed with the hon. and learned mem-
ber for the Tower Hamlets (Mr. Ayrton,) as to the uncon-
stitutional and impolitic nature of the bill. ,He considered
that nothing was more injudicious than to place the police
in any position that would bring them into collision with the
public generally, or in any way to render them unpopular.
Mr. CANDLISH thought that legislation on the subject
was imperatively required, and he supported the bill.
In the course of the debate on this bill, it had been
urged as a ground for its postponement that the session
was so far advanced, but he thought the measure of such
importance that the house would be justified in having a
special session for the purpose of passing it into law.
Mr. ADDERLEY supported the bill, and denied that it
conferred any arbitrary powers on the police, but merely
armed them with a power that prevented the existing
law on the subject continuing a mere dead letter. He
accused the hon. and learned member for the Tower Ham-
lets (Mr. Ayrton) with being ignorant of the sentiments
of his own constituency, when he described them as being
opposed to this bill, and referred to an abstract of docu-
ments laid before the house on the subject in confirmation
of his statement. As the principle of the bill was ad-
mitted, as well as the necessity for legislating on the sub-
ject, he thought the present discussion was futile, and
injurious to the interests of the public.
[LEFT SITTING.]

LAW INTELLIGENCE—This Day.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
SPALDING V. EAST LONDON WATER WORKS COMPANY.
This was an action in which the plaintiff sued the corn•
pally to recover damages, in consequence of its refusing to
supply him with water.

Mr. Philbrick, for the company, said the case was one
of great importance, and the facts were not disputed.
It appeared that a tenant, who had occupied plaintiff's
house before him, left the premises indebted to the com-
pany for arrears of water rate. The company had cut off
the .vater, and as the consumer was bound to pay in ad-
vance, when plaintiff entered into occupation he tendered
defendant's collector a half-year in advance. It was then
stated that the former tenant owed the company money,
and that the company were not bound to supply a new
tenant until the whole amount was paid. To this the
plaintiff demurred, but finding that ho could not live in a
house without water, he paid all that was due, and now
sued for damages.

Mr. Philbrick contended that the company were entitled
to demand all arrears, and that their remedy was against
the house and not against tho person.

Plaintiff urged that the company were entitled to de-
mand the rate in advance, and, therefore, they had no
business to trust the former tenant. Surely if they
wrongly trusted the former tenant they were not entitled
now to come upon the new tenant, who really owed them
nothing.

Mr. Philbrick said the new tenant took the obligation o
he house upon his shoulders.

His Honour said he should not decide the case off hand,
but if, after consulting the clauses in the Waterworks' Act,
he should be of opinion that defendants were not entitled
to refuse to supply plaintiff, one clause in the act provided
for a penalty of 40s for every day's neglect to supply. The
case would be adjourned for judgment.