The Sun.
London, England, 1857-05-22 00:00:00

HER MAJESTY'S THEATRE.
TO-MORROW EVENING.
ALBONI, SPEZIA, GIUGLINI, VIALETTI, and BENE.
VENTANO.
First Night of Verdi's Opera of
IL TROVATORE.
Leonora, Mdlle. Spezia ; Azucena Madame Aiboni.
Manrico, Sig. Giuglini.
After which will be produced an entirely New Ballet, in
Two Tableaux, composed expressly,for her Majesty's Theatre
by M. Massot, entitled

brought in last year, and which, if passed, would
have saved the public from great calamity. In the
case of the Royal British Bank, shareholders had
been obliged to flee the country, not because they
would not pay their proportion of the liabilities, but
on account of the multiplicity of actions brought
against them. He would suggest one improvement
in the measure submitted by the Attorney-General. The
process under the Winding-up Acts was an exhausting
process. He would suggest that the moment a company
was brought under the jurisdiction of the court the right
of the creditors to bring actions against individual share-
holders should immediately cease, as in the case of an or-
dinary bankruptcy. To prevent shareholders absconding
to avoid their liability, he would provide for stopping them
by a judge's order, as might now be done with an ordi-
nary debtor. Had not the right et suing shareholders
existed in the case of the Royal British Bank, the whole
affair might have been wound up, the calls made, and the
debts discharged long ago. The bill he introduced last
session would have provided for this ; but, as there was
then a feeling against the bill, the government had not
the moral courage to support it, and it was thrown out.
Now the government was obliged to come forward and
do that which he would have done for them last year.
Mr. DEA.SY approved of the bill, and said that if it
had been law last year, the creditors of the Tipperary
Bank would have got I,os. in the pound. Unfortunately,
they were not likely to get one-fourth of that amount.
There was no greater delusion than that creditors of
joint-stock companies derived greater security from un-
limited liability. (Hear.)
Mr. WYLD hoped the Attorney-General would not
adopt the suggestion of Mr. Malins. In the case of the
Royal British Bank nearly 70,0001. had been expended
as costs in actions brought against individual share-
holders. Both the creditors and shareholders of that
concern were indebted to the hon. and learned gentleman
for bringing forward this measure. At least one-third
of the wealthy shareholders were abroad ; had this mea-
sure been passed a year earlier, they would have re-
mained and have met their liabilities. He hoped no
time would be lost in passing the bill.
The ATTORNEY-GENERAL said he thought the
bill would carry out the view expressed by his hon. and
learned friend (Mr. Malins).
Sir H. WILLOUGHBY wished to know how the At-
torney General meant to deal with the fees.
The ATTORNEY-GENERAL said he hoped no long
time would elapse before a measure would be brought in
on the subject of bankruptcy and insolvency, by which
the question of fees would be dealt with. He did not
venture to deal with that matter in the present bill.
The house then went into commitee, and agreed to a
resolution for the purpose of founding a bill upon it.
The house having resumed,
The Chairman reported that the resolution was agreed
to, and the bill was then read a first time.
PUBLIC CONTRACTS.
On the motion of Mr. MAILJORIBANICS, that the com-
mittee on public contracts do consist of seventeen mem-
bers, and that Mr. Mansell and Col. Gilpin be added,
Col. BOLDERO objected to the addition ofa fourth
Government member on the committee. He thought
fifteen members were quite sufficient. If any addition
were to be made to the committee he should prefer to
have the 'non. member for Frome placed upon it, who,
from his knowledge of the subject, would be able to
afford useful information. (A. laugh.)
Lord PALMERSTON said he hoped, although 15
members were quite sufficient for a committee on gene-
ral grounds, that the house would not object to the addi-
tion of two members who were acquainted with the
subject under discussion.
After a few words from Mr. Moffatt, Sir C: Napier
and Lord J. Manners,
The house divided,
• For tife motion
Against
Majority —s3
Mr. Monsell and Colonel Gilpin were then added to
the committee.
CHATHAM LANDS, &c., BILL,
This bill was read a third time and passed.
ELECTION PETITIONS.

ACA LISTA,
FIRST TABLEAU—Terpsichore, Madlle. Rolla ; Acalista,
Madame Perea Nena; Aglaia, Thalia, and Euphrosyne, Mdlle.
Michelet, Mdlle. Karliski, and Mdlle-. Brunetti; Amyntas,
M. Baratti.
SECOND TABLEAU—(The Vision Realised).—Seville.—
Acalista, Madame Perea Nena; Conchitti and Carmen, Mdls.
Pasquali and Morlacchi ; Pepe, M. Gambardelli ; Manolo,
M. Massot, Spaniards.
For particulars, see bills.
A limited number of Boxes in the Half-circle Tier have been
specially reserved for the public, and may be had on applica-
tion at the Box-office, at the Theatre Colonnade, Haymarket.
I Price One Guinea and One Guinea and a Half each.

In all his sufferings poor Mr. SPOONER found
one point for self-gratulation ! " His arguments
were altogether unanswered 1" It was not, how-
ever, because they were unanswerable, but because
they were not worth answering. Learned judges
frequently disappoint ambitious aspirants for
forensic honours by thinking it unnecessary to
hear their elaborate arguments. The opposing
counsel has not establibhed his case, and therefore
there is no necessity for discussion. The discre-
tion of the House last night was displayed in a
similar manner. They simply voted, and fur this
session at least—would we could say permanently
—put a practical extinguisher on the SPOONER
light that was to have illuminated the "collective

wisdom."
The precedent is truly valuable, and we trust
that it may be duly observed on all similar occa-
sions. These are questions that may be much
better answered by votes than by speeches. The
most severe castigation that could be administered
by an opponent was far less than the total and
unbroken silence, the impressive, the contumelious
taciturnity that prevailed ! It was indeed a
memorable circumstance that will not speedily be
forgotten. The Honourable Gentleman stood
crestfallen— galled to the quick—Quantum 7nuta-
tatus ab illo Spoonere, who erst obtained a majority
on the very point that now banished friends and foes;
effectually clearing the House of nine-tenths of
its occupants, and acting as a sleep-compelling
soporific to the few who remained There were
few who last night envied the new Speaker the
distinguished position to which he had been ele-
vated by the unanimous vote of his fellow-repre-
sentatives. He was the victim who could not
escape the persecution. One good result was, at
all events, obtained. Much valuable time was
saved to the country, and really important mea-
sures were brought forward, despite the Spooner-
ean eloquence and the Exeter-Hall whippers-in.

The CLERK ;;;30; table announced that petitions bad
been preseute.l against the returns for the following
places :—Peterborough, Beverley, Sligo, Queen's County,
Portsmouth (two petitions), Taunton, Ipiwich, Chatham,
Lymington, Sandwich, Bridport, Gloucester (two peti-
ti ins), Newcastle-under-Lyme (three petitions)—(laugh-
ter)—and Staffordshire (North Division). It being the
last day for presenting election petitions.
The SPEAKER read the order of the house to that
effect, and then directed the Sergeant•at-Arms to go out
any inquire if there were any more election petitions to
be presented.
The Sergeant-at-Arms left the house for that purpose.
After a short absence he returned, and having advanced
to the centre of the house, informed the Speaker that
there were no more election petitions.
The announcement was received with a hearty burst
of cheering from the members present.
The house then adjourned at half-past 11.

"It's only a breach of trust." Such was the
defence (!) too frequently put forward for
the robber of the widow and orphan—the mis-
creant who had appropriated to his own use the
fund confided to his charge by a departed friend
as a provision for his helpless family. Only a
breach of trust ! What offence connected with
property could be greater ? What villany could
inflict greater suffering on the innocent victims ?
The property painfully accumulated, and carefully
invested by the deceased husband and father,
swept away in one fell swoop, and the sufferers,
who might have enjoyed competence and indepen-
dence, involved is all the horrors of destitution,
possibly consigned to the tender mercies of the
union workhouse. What ought to be the greatest
aggravation of the crime, was considered a auffi..
cient answer to the charge, and the unblushing
criminal escaped, because he added to ordinary
guilt the crime of treachery and deception of the
most unpardonable character.
Thanks to SIR RICHARD BETHELL, this monster
grievance is likely to be speedily and completely
redressed. Fraudulent trustees will no longer
escape with impunity from the penal consequences
of their misconduct, and those who have appro-
priated to their own use the property which they
have received for others will receive the punish-
ment they so eminently merit. This is indeed
a great amelioration in the existing law, and every
legal reformer will feel grateful to the Right Hon.
and Learned Gentleman for having effectually
grappled with the evil, and provided efficient
remedies for the most flagrant grievances,
which were previously irremediable. It
is obvious that sending parties who had
been plundered of all they possessed to
the Court of Chancery for redress, and treating
the robbery as a mere debt, was but adding insult
to injury. The machinery of the law could not
be set in motion without ample funds, and the
original loss was but too often largely enhanced
by the costs to which the sufferers were subjected
in the vain attempt to obtain redress. We know
of one case, where a person occupying a high po-
sition in society received payment in a single day
of three sums of 10,0001. each, on which three
families were dependent, under the pretence of
investing them in securities bearing a higher rate
of interest. He absconded with all the money,
and went to reside in affluence in another land
with the proceeds of his threefold crime. There
was no unexpected misfortune. The money had
not been previously squandered. It was wilfully
and deliberately taken from those to whom
it belonged—the three daughters of a
deceased friend, and relative, and yet the
miscreant could only be treated as a debtor when-
ever he might be caught 1 This is no stretch of
the imagination, but a deplorable fact. And
surely the anomaly should be removed that afforded
the law's protection to such an offender.
The case, however, requires delicate handling.
The office of trustee is one of a peculiarly harras-
' sing and vexatious character, and if parties were
made criminally responsible for unintentional
losses, it would be difficult, if not impossible, to
obtain persons willing to act in that capacity.
The honest trustee should be protected in his
office—while the highest secondary punishment
should be inflicted on the dishonest one. Sir R.
BETHEL has, therefore, provided a certain impedi-
ment to vindictive and unfounded prosecutions,
The sanction of one of the Judges of the Superior
Courts, or of the Attorney-General for the time
being, must be obtained before an indictment can
be preferred. This will, necessarily, be an ex
parte proceeding, similar to that which takes place
in procuring a Judge's fiat for the arrest of an
absconding debtor, under the act for the abolition
of arrest on mesne process. It will effectually pre-
vent prosecutions being instituted merely for the
sake of annoyance, while it will not impede any
bona fide and straightforward case from being
thoroughly investigated before the criminal tri-
bunals.

There are other breaches of trust of no less
dangerous a character, that will be fully met by
the contemplated enactments. The directors and
raanazets of public companies', who by means

rHE SUN, LONDON, FRIDAY EVENING, MA Y 22, 18 5 7

only two of the party had sufficient fortitude to of false and fraudulent misrepresentations,
listen to the verbose and dreary oration. Poor induce too credulous parties to part with
Mr. SPOONER ! It was indeed a painful but their money, or who keep false accounts,
salutary lesson that he received, and we trust
that he will profit by it, so as to avoid similar
humiliation for the future. The dining-room
possessed metal far more attractive for Noble
Lords, and Right Hon. and Hon. Gentleman.
BELLAMT'S was thronged, while the House was
deserted. We 'Emily think that the worthy pro-
prietor ought to establish a " SPOONER Plate" to
b© run for by popular representatives. The dis-
tance is certainly rather short. But that enabled
even the most thick-winded specimens to exhibit
their powers during the " spurt" Well, it is an
ill wind that blows nobody good, and the able
chef had reason to congratulate himself on the
cause which gave his supporters ample time
" inwardly to digest" the creature comforts, which
he supplied with liberal and unsparing hand.
Two Derbyites listened to his speech. Some
seventy or eighty were solacing their inner men
with postprandial enjoyments, ready, at the first
signal of the division bell, to hasten to the lobby
and record their votes, so as to satisfy the expec-
tations of their constituents.

make false entries, or declare unearned dividends
out of fictitious capital, will be made amenable to
the criminal law as well as the assignees of bank-
rupts and insolvents, who appropriate the funds
which should belong to the general body of the
creditors. These are, unquestionably, great im-
provements, and we heartily thank the Attorney-
General for the enlightened and comprehensive
spirit in which he has dealt with a great social
evil, and which we hope and believe will have the
' effect of materially restraining, if it cannot altoge-
ther prevent, frauds of the most distressing and
atrocious character.

The Attorney-General has fully and faithfully
redeemed the pledge which he had given. He has
brought in a measure to amend the law relating
to Joint Stock Companies, more especially so far

as banking and insurance companies are con-
cerned. The cases of the Tipperary and Royal
British Banks will no longer serve merely " to
point a moral and adorn a tale." The notorious
grievances to fair creditors and innocent share-
holders which have been so painfully developed,
will be removed. It will no longer be possible
for sharp practitioners to obtain undue advan-
tages, or to crush those desirous of fully
and fairly meeting their responsibilities to the
utmost extent of their power. Nor will there
be a conflict of jurisdictions to squander in liti-
gation the means that might be applied to a far
better purpose.
Under the present system there is a scramble
for the assets. t " First come first served "is the
principle acted upon, and the creditor can choose
his victim, or series of victims, who, by the
cruel costs, are debarred from acting fairly
towards other creditors. The effect of this
scramble, generally speaking, is .to send
solvent shareholders into exile, and others
to the bankrupt and insolvent tribunals.
The simple fact stated by the Right Honourable
and Learned Gentleman, that ono enterprising
attorney purchased a debt due by the Royal
British Bank, and forthwith issued some 200 or
300 writs for its recovery, clearly indicates the
magnitude of the evil and the nature of the re-
quired. remedy. We are too fond of permitting
men to take the law into their own hands. When
property is seized in execution, and it is clear
hat the defendant is not capable of satisfying all
his liabilities, the proceeds should be appropriated
to the general body of the creditors. The rapa-
cious should not be benefitted at the expense of
the indulgent and forbearing. The whole law of
debtor and creditor requires complete revision. It
is even more essential for the protection of credi-
tors than of debtors. It would, in fact, be
equally beneficial to all parties concerned, giving
a fair division of the assets, in place of permitting
the sharp practitioners to accumulate useless costs
and appropriate the entire spoil to their own
purposes.
Sir R. BETHEL also announced that "no
long time would be suffered to elapse before some
comprehensive measure would be introduced on
the subject of bankruptcy and insolvency." We
thank him for the intimation. Both codes should
be amalgamated, and the standing reproach to
the British nation of the present system of impri-
sonment for debt removed. He has made an
excellent beginning, so far as the shareholders in
Insolvent Joint-Stock Companies are concerned.
The great object is to have some party capable of
representing the general body of creditors,
and sanctioning arrangements that would
give all that could possibly be obtained to bonK
fide creditors, without wasting it in wanton and
unnecessary litigation, while those anxious to do
what was right wonld be saved from a cruel ag-
gravation of their original loss.
The Honourable and learned Member for
the county of Cork declared that, if the
proposed measure had been passed a few
years since, the creditors of the Tipperary
Bank would have received at least 10s. in the
pound, where they will not now receive a fourth
of the sum. We yield implicit credence to the
statement, and we likewise believe that in many
private cases, where not sixpence in the pound is
obtained, there would be fair dividends for the
creditors. Let Sir RIMI AM) BETHEL per-
♦ere. If he carries out the judicious principles
which he last night enunciated, he will deservedly
obtain a high place amongst legal reformers, and
his name will long be remembered with thanks
and gratitude throughout the entire kingdom, as
having secured all that could under any circum-
stances be obtained by creditors, and affording
protection to poor but honest debtors, who are
unable through unavoidable misfortunes to satisfy
all the pecuniary demands for which they are
responsible.

A most interesting ceremony took place yester-
day in the Court of Common Council, at Guild-
hall, in the presence of the Lord Mayor, and the
assembled magnates of the Corporation. It was
nothing less than the presentation of the Freedom
of the City of London to one of the most humane
and enterprising of all modern Travellers—Dr.
LITIVGSTON ! And the manner in which that pre-
sentation was announced, or rather commented
upon, through the eloquent speech delivered im-
mediately afterwards by the Chamberlain of the
municipality must, we are fully satisfied, have
been exquisitely gratifying to the distinguished
philanthropist, of whose great public services the
occasion itself was designed to be the emphatic
and signal recognition. The earnest and touching
harangue, addressed to Dr. LIVINGSTON yesterday
afternoon by that city functionary, was altogether
conceived in the happiest strain of mingled eulogy
and encouragement. It was a truly oratorical
tribute of admiration, offered in the name of the
representatives of the capital of the Empire, to a
noble-hearted Englishman, who has spent
Fifteen Years of the very prime of his
life in a laborious and perilous journey of
Eleven Thousand Miles into the interior of the
Great African Continent. An undertaking ad-
ventured upon, as Sir JOHN KEY admirably ex-
pressed it, addressing himself to Dr. LIVINGSTON
—" for the honour of your country and the moral
elevation of mankind by the peaceful triumphs of
the missionary, by the expanding influence of
scientific discovery, by preparing the way for that
intercommunion and commerce bet ;nen alienated
races, the tendency of which is to make a corporate
guild of all nations, to unite all the tribes of earth
in a bond of universal brotherhood." That was
the elevated aim, those were the elevating prin-
ciples actuating this brave Traveller at the outset,
and sustaining him manfully to the close, of his
memorable enterprise. At the same time that
we recognise the accuracy and the force of every
sentiment that fell from the lips of the City
Chamberlain yesterday afternoon, in reference to
the particular object of his encomiums, we cannot
but think that he was entirely mistaken in speaking
•f what he termed the " contented ignorance" in
which we have allowed ourselves to remain in refe-
rence to the interior of the vast southern continent
of the Eastern hemisphere. Ignorance, there has
been, but not contented ignorance. Valuable