The Sun.
London, England, 1859-08-03 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, AUGUST 3, 1859.

BRITISH POSSESSIONS.

Share Railways. Pail Closing I Business
I Price. Done.

Atlantic & St Lawrence
Leased at 6 per cent..
Bom.,Baroda&Cent.lndl

all
13i
all

79 81

160 17

gu. 5 per cent
Do
Do. Addit. Capital A
Do. Do.
Buffalo and Lake Huron
Do. New

illl 1 1 di
1 (I!
5 4d'
6idi

NI
100 I
100
190

Buffalo,Brant.&Godrich
6 p. ct. bds. 1 Aug., 1872
Do. do. 1 July, 1873
Do. do. 1 June, 1874
Clcutta. & S. Eas trn. Lim.
Cape,E astn. Prov.(Lim.)
Cape Town & Dock Scrip
Central Oude (Limited)
Ceylon Guaranteed 6p.c
Demerara

16
1100

11. La

id *p

17i
20
Stock

Eastern Bengal.gu.sp.o.
East Indian, fru. 5 p. c
Do. C Shares
Do. P Sbares Ext
Do. Jubbulpore
D 0.44 p.c. Bds. pay.'s9
G eelong& Mel. gua.s p. c.
Geelong Corporation 6
per cent. Bonds
Grand Trunk of Canada
Do. 6 p.c. Deben.,pay.'7B
Do. 6 per cent. Pref
Gt. IndiaPenin.gua.sp. c
Do. New, gua.s per cent
Do. do

2s. 6d.
all
5
100
all

14 1 d
08 99 ,

100
20
Sto. I
Stock
100
100

all
all
}lOO

/ Id
99 100
19 20

32i 33i
71 73
91 93
95i 96i
1 1d

¶8 8

72 11
924
96 5i
3

20 1
221
100
100
100
100

Gt. S. of In d. I. im. —Scrip
guaranteed 5 per cent.
Gt.W. of Canada Shares
Do. New

1 id
IA 141
skd
102 104
102 104
101 103
97 100
84 88

Do. Bonds pay. '76,with
opt. till '6O
Do. do. '73 till '6O

Do. do. '73 without opt.
Do. 5i p. c. do. '77 do
Madras, guar., 4i p. c
Do. do. 5 per cent
Do. 4, p. c. Extension
Do. Third Ex. gua.s.p.c
Do. Fourth do. I

85 90

181 191,1
1i 1 d

stook

Melb. Corp. E p.c. Bonds
Newßrunswick&Canda.
Ry.&Land(Lim.)g.6pc
Class ACapitl.Share..
Do. do. Land d 0...
Do. do. B. Capital do.
Do. do. Land d 0...
Northof India Tramroad

- --al

- --al

Limited, Scrip
Oude (Limited)
Scinde +A
Do.
Do. New
Do. Punjaub
Do. Indus. St. Flo. by.
St. Andrews & Quebec A
(Trinidad(Limited) Scrip

—d d
19 20

1i 1 d
1 1 id
1 1 d

FOREIGN RAILWAYS.
10 Antwerp' & Rotterdam all 4; 4; I
20 Ardennes all —p'
20 Bah.&S.Fran.,Lirn.7p.c 3 11 0 d
5 Belgian East. Junction all 4 1
20 Beziers to Graissessae. all
5 Carmeaux Mine & Rail all 2 24
20 ' Dutch Rhenish l5 5} 51 d
6 Eastern of France
20 Euphrates Valley 2s. p
20 Great Central of France all
20 Gt. Luxem., Con. shs all 64 61
10 Italian Junction 8
20 Lake Constance & Bale all
20 Lierre and Turnhout
20 Lombardo Venetian... 8 24 2/p 101 1
20 Lucca & Pistoja, 5 p.c.pf. all
20 Lyons and Geneva
Maria Antonia all
20 Do. do. New
20 Namur and Liege all 8 8
20 Do. do. 6p. c. Pref. all 18% 19f
16 Northern of France
20 Do. New Shares
10 Norwegian Trunk Pref all 9 10
20 Ottoman, gua. 6 per cent 7
20 Paris,Lyons, and Medit. all 344 354
20 Paris and Orleans
20 ( Recife& S. Fran. (Pern )
• n 2 dBl
gua. 7 p. et. (Lim.)
20 Riga and Dunaburg 4
10 Rome and Frascati
20 Royal Danish all
• 5 Royal Swedish
4 Do. 7 per cent. Pref all
20 Sambre and Meuse all • 6 64
10 Do. 54 per cent. Pref all 84 94
20 Southern of France
81 West Flanders
10 Do. 54 p. c. Preference
20 W. & N.W. of France all 214 224
20 Western of Austria 6
20 Western of Switzerlan all
6 Wiesbaden
6 Do 8 per cent. Pref all
20 Zealand all
COLONIAL GOVERNMENT SECURITIES.
Paid. I Closing Business
Shar Securities. Prices. Done.
Can.Gov.6p.c Ja. & July 100 112 113 11.24 12 ;
Do. 6 p.c.Fb.&Aug. 100 110 112
Do. 6 p.c.Mr. & Sep. 100 113 115
N.8.G0v.6p.c. Ja. &July 10C 1084 1094
Do. 6 p.c.Ap. & Oct. 100
- N. S.W. Gov. sp. C. Deb. 106 984 994
NovaScoitiaGov.6 p.c.
Deb. redeemable, 1875 100 109 'llO
S.Aus.Gt.6pc.Jan&July 100 'lOB 110
Viet•Gov.6p.c.Jan&July 100

MIS CELLAA EOUS.
Share) Miscellaneous. Pald. epl°rBiceing. Itusiness dons

Anglo-Mexican Mint
Atlantic Tel. (Limited)
Australian Agricultural
Austritlian Royal Mail .
Berlin Water Works
Do New, issued at R 5 dis
British American Land
Brit. & Irish Mar.Tel.A.
Do. B, 7 p. C. till 1862
Do. C
Canada Land

100
10
Stook

Chan. Islands Tel. (Lim.)
Cop.Min.ofEng.&Smltg
Do. Preference 7i per et
Crystal Palace.
Do. Preference
Eastern Steam
Electric Telegraph
Eng. & Aust. Cop.St.Co
Europ. & Ind.Junct.Tel
Europ.&Am.Stm.(Lim.)
Gl. Iron Screw Col. (Lim
Gen. Steam Navigation
London Discount
Lond.Gen. Omnibus Co
Mediter. Electric Teleg
Med. Exten. Tel. (Lim )
National Discount Co
Netherlands Land
Do do
Do 8 p.c.Pref.,lss.at 1 dis
N. Br. &Nova ScotiaL and
N.B.Australasian (Lim )
North of Europe Steam
Oriental Gas
Do. New Shares
Peel River Land & Min
Pen. & Oriental Steam
Do. New

Stock

IRed Sea & Ind. Telegr
,Rhymney Iron
Do. New

Royal Mail Steam
Scot. A ustrin. In v. (Li m )
South Australian Land
Submarine Teleg. Scrip,
Do. do Registered
1•r.& Ln.Co.ot Upr. Can
Von 7limm~rf•a an 4

Agra&UnitedServiceßk
Australasia
Bank of Egypt
rank of London
- - - -

iiiii7dol:Bk. & LoanCo.'
British North American!
'Chtd. Bank of India, &c
City
Colonial
Com. Bank of Canada
Commercial of London
Eng Scot., & Aus. Ch
Gen Bk. oSwitzerland
Lon,C,har.Bk.ofAustral.
London and County
London Joint Stock
London & Westminster
Nat. I'rov. of England
Do. new
National Bank
New South Wales
Orient .Bk. Corporation
Ottoman B&W-
Provincial of Ireland
Do. New
South Australia
25 Do. New

100
100
20.11
100

Union of Australia
Do. New
Union of London
Unity Mutual
Western Bk of London

13 14
r2O 260
27i 284
I i
2 3

36 38
19 21
13 15-
110 116
8 9

24 25
It
51

LO lOR
i UPI

11 3 d

5 6
11 11 d

all
all
all
15s.
all
all

70 72
84 85
21 22
47. 49

I} d
62 64i

17 19
151 16}

201 21
30 32
29 31

48 50

181 1O
71 73

47 49

541-4

0 i i
72

48} i 8
25{ 5

241_25#
d

SPORTING INTELLIGENCE.

RIPON RACES.—TUESDAY.
The Grand Stakes of 5 sous each, with 25 added. Six
furlOngs.

Mr. J. Osborne's c by Burgundy—Cestrea, 2 yrs 7st 31b
(Grimshaw) 1
Mr. Gilby's Oneiza, 2 yrs, Est 61b (S. Forster) 2
Mr. Ridley's Profusion, 2 yrs, Est 111 b (Madden) 3
Mr. Wilson's Teal, 2 yrs, Est 1 llb
Betting-2 to lon Cestreacolt, and 3to 1 agst any other.
The Cestrea colt won cleverly by half a length. Profu-
sion was a bad third.

The City Plate of 30 sovs (handicap) for three-year-olds
and upwards ; winners extra. Six furlongs.
Mr. Bell's La Victime, by Flatcatcher, 6 yrs (including
51b extra) Bst 121 b (Bumby) 1
Mr. Wilson ns Maid of the Tweed, 3 yrs, 7st (Robertson) 2
Mr. Cotton's General Havelock, 3 yrs, 7st (Little) 3
The following also ran :—Trepan, Charlotte, Miss Chat-
terbox, and Cherokee.

Betting—Even on La Victime, 4 to 1 agst Maid of the
Tweed, and sto 1 agst any other. Won by a length ; two
lengths between second and third, and a length separated
the third and fourth.

The Innkeepers' Plate of 25 sovs, added to a sweepstakes
of 3 sovs each. Six furlongs.
Mr. J. Osborne's Alfred, 6 yrs, Bst 51b (L2O) (J. Osborne) 1
Mr. Masterman's Maid of Brompton, 2 yrs, sst 111 b (X3O)
(Grimshaw) 2
Mr. T. Bell's Papist, 2 yrs, sst 101 b U2O) (H. Grimmer) 3
141 , 1 Ancient Baron and Tousle also ran.

Betting-5 to 4on Alfred. Won by two lengths. Papist
and Ancient Baron were beaten a long way. Tousle fell,
and Madden was much bruised. The winner was bought in
for 32 guineas.

The Great Northern Nursery Plate (handicap) of 100 so vs,
for 2-yr .olds. Six furlongs.

Mr. Stephenson's Springwell, by Barnton, 7st. 71b

_ .
(Little) 1
Mr. Watts's f by Augur—Miss Conynghamt 7st 91b

(Grimshaw) 2
Mr. Calder's The Moulvie, 7st 41b. (Robertson) 3
The following also ran, but were not placed :—Millionaire,
The Swift, Retreat, Cambridge (late Oxford), Mendicus,
Crim Tartar, Mary Stuart, First Lord, The Wren, and
Eidolon.

Betting-3 to 1 agst Springwell, 4to 1 agst the Miss
Conyngham filly, and 5 to 1 each agst Mendicus and Eido-
lon. Springwell won easily by a length. The Moulvie
was a good third.- The Wren was fourth, Retreat fifth,
and Mendicus sixth.

The Members' Plate (handicap) of 10 sous each, 5 ft., and
only 3if declared, with 40 added. One mile.
Mr. Whittaker's Raspberry, 3 yrs, 7st M..(Grimshaw) 1
Mr. Gilby's Flash in the Pan, '3 yrs, 6st 81b (S. Forster) 2
Capt. Williams's Gorsehill, 4 yrs, Bst (Egerton) 3
The following also ran :—Gibside Fairy, Julia, and
Hesperithusa.

Betting-2 to 1 agst Hesperithusa, sto 2 agt Gibside
Fairy, 7 to 2 agst Flash in the Pan, and 4 to 1 agst RasP-
berry and Julia.

At the half distance Raspberry came out, had her anta-
gonists safe, and won easiiy by half a length. Gorsehill
was a length behind Flash in the Pan, and Gibside Fairy
a similar distance in his rear.

The Commercial Travellers' Stakes of 5 sous each, with 25
added, for 2-yr-olds ; colts, Bst 71b ; and fillies, Bst 31b ;
selling allowances. Six furlongs.
Mr. Wiseman's Recluse, 7st 31b (130)..... (Bullock) t 1
Mr. Thompson's Eidolon, 7st 71b (L3O) (Owner) t 2
Mr. Osborne's Birdcage, Bst 31b (1100)- (J. Osborne) 3
Betting—Even on Recluse, and 2 to 1 agst Eidolon.
Eidolon made the running to the distance, from which
point she and Recluse came " locked together" home, and
the struggle ended in a dead heat.

Deciding heat—Even betting. A good race ; won by a
length.

The Consolation Scramble (handicap) of 3 sovs each, 1 ft,
with 20 added, for all ages. Six furlongs.
Mr. Calder's The Moulvie, 2 yrs, 75t.... (H. Robertson) 1'
Mr. Kirby's Miss Chatterbox, 3 yrs, Bst (Withington) 2
Mr. C. Reynerd's Nemesis, 3 yrs, 7st 131 b (Little) 3
The following also ran :—Little Poll, Carry, and Andover.
Betting-2 to 1 each agst the Moulvie and Little Poll,
and 9to 1 agst Miss Chatterbox. After an excellent race
the Moulvie won by a neck. There was a length between
second and third.

MR. COBDEN ON TILE NATIONAL

DEFENCES.

(From the Paris Correspondent of the Times.)

Mr. Cobden has been so good as to give a lecture
to all those, and particularly to journalists, who
have urged the necessity of providing for the de-
fences of England; and from that lecture it may be
gathered that they are inspired by a wanton and
reckless desire to excite alarm for which there is no
sort of foundation. Allow one who never has been
an alarmist to make a remark or two on the subject.
When Mr. Cobden believes that there is no chance
of the Emperor of the French turning his arms
against England, his assurances would have more
weight if he showed that the Emporor had formally
disavowed his own declarations. I have recently
given an extract from his speech in the Chamber
of Peers in 1840, in which he stated that one of the
then objects for the promotion of which he claimed
their support, was "to avenge Waterloo." " I re-
present before you," he said, "a principle, a cause,
a defeat. The principle is the sovereignty of the
people • the cause, that of the Empire ; the defeat,
Waterloo. The principle you have recognised, the
cause you have served, the defeat you wish to
avenge." His Majesty's glory is that "the eau -:e,"
namely, the re-establishment of the Empire, has
been gained by " the sovereignty of the people ;" in
other words, universal suffrage. I have not heard
that the remaining point, namely, "avenging Wa-
terloo," has been ford ally retrenched from the pro-
gramme of 1840. If Mr. Cobden shows that it has
shared the fate of the celebrated Milan programme,
we shall all be delighted.
Mr. Cobden may point to the Bordeoux declara-
tion about the Empire being peace, and to the
friendly relations which the Emperor has so often
desired to maintain with England. I reply that
the pacific basis on which his Majesty declared the
future Empire was to stand has not prevented the
war with Austria from being planned long before it
broke out, and that the language used in the mean
time towards the Emperor of Austria was not only
friendly, but flattering in the extreme.
Whenever I am disposed to optimism in this re-
spect, I am checked by the recollection of an opinion
deliberately pronounced by his Majesty, and to the
truth of which I assent. The Emperor has declared
his conviction that there never has been a Govern-
ment strong enough to keep down liberty at home
without giving it glory abroad. This is not a hasty
passage in a speech ; or in an essay composed in very
early youth ; or yet in the heat of controversy. Mr.
Cobden will find it embodied in the Fragments His:-
toriques, written at Ham in 1841, and carefully re-
published, under the Emperor's own eye, in the last
Paris edition of his works, in 1856. (Vol. 1. p.
334.) If it be proved that the " liberty" to which
the Emperor alludes really flourishes, notwith-
Standing the general opinion to the contrary at
home and abroad, of course the absolute necessity
for " glory" no longer subsists, and nothing more
need be said on the matter. But if this be not the
ease, if the edifice raised in 1852 has still to receive
its crowning ornament, Mr. Cobden will see that
the other alternative must be adopted. To be sure
we have had the Russian war and the Austrian war
since the Empire, and consequently sufficient glory.
This, however, is plainly not the glory meant. The
glory of the Crimea was a divided glory—divided
with the English. The glory won in Italy is rather
of a doubtful character; Ido not mean the gal-
lantry displayed on the battle-field, but the more
solid glory of the results. The glory gained in
Piedmont and Lombardy clearly has not realised
all the hopes of the Italians, and some say it has not
completely satisfied the French army or the navy.
This would appear from the Emperor's own words
in his addresses to the great bodies of the State,
and to the diplomatic body. Now, there is no per-
ceptible change in the regime of 1852 ; it is, per-
haps, too soon to relax it, but at all events the other
necessity has still to be supplied.
I'am not of those who believe that the Emperor
Napoleon conceals, under the mask of friendship, a
deadly animosity to England. I do not even be-
lieve that the French people, without exception,
cherish the same feelings. There will always be
more or less of rivalry, more or less of jealousy,
more or less of antipathy, arising from difference
of habits, tastes, character, and the traces of old
hostility ; but from that to a burning impatience to
rush into an exterminating war, there is a great
distance. The observation of Lord Lyndhurst, in
the House of Peers, is profound and true. We may
have every reliance on the Emperor Napoleon, but
unfortunately the Emperor cannot entirely rely on
himself. Ido not say that, when his Majesty says
it is his earnest desire to remain on good terms with
England, he does not mean all he says. But even
he may be forced to bend according to circum-
stances. His wish, when he assumed the Imperial
crown, may have been to remain at peace abroad,
and to employ his energies in promoting the wel-
fare of his people it home. A people already pos-
sessing, though unfortunately too often abusing,
liberal institutions, and abruptly deprived of them,
will become more or less dissatisfied when the
novelty of the change has subsided. Dissatisfac-
tion at home will have to be allayed by engrossing
events abroad. This, perhaps, promoted the Rus-
sian war, and the immediate and pressing cause of
the Italian war it is superfluous to n' tice particu-
larly. Before the war we heard constantly of the
sympathies for poor suffering Italy as the only mo-
tive for it. Since the peace it is admitted by the
semi-official journals that the principal motive was'
not of so chivalrous a character, but rather the re-
storing to France the influence in Europe which
was her due, and the rank to which she had a right.

Suppose, what is not impossible, that France
should show symptoms of impatience at the delay
in " crowning the summit of the edifice," that is, in
relaxing the strictness which has been deemed neces-
sary hitherto, and the Imperial Government did
not think the proper moment had arrived. Now, if
a new measure of glory was deemed an equivalent, or
perhaps more than an equivalent, for a new measure
of liberty, Mr. Cobden will guess what is the
Power whose humiliation would best supply that
terrible necessity, and most flatter the national
vanity. This, without imputing any predetermined
projects of hostilility to the Emperor, will always
be a danger. Indeed it is hardly in human nature
that the Emperor should hate England to that
point, as never to dream but of hostility to her.
It was in England that he found a secure asylum,
when in no other part of Europe could he set his
foot ; and of his relations with the English people
during his many years of residence among them
he has no reason to complain, and he never has
complained. It was the Queen of England who
took the lead in recognising the new Imperial
Throne ; and the only time an attempt was made
to insult her Majesty was when foreigners, who
also found a refuge on English soil, denounced her
visit to the Emperor of France.
I do not believe that it has entered the Imperial
mind to" conquer" England, or perhaps to invade
it with a view to occupation. But one or two vic-
tories at sea, a successful landing, or some such
advantage, with a magnanimous offer of peace,
would satisfy the national amour propre,and above
all, would turn the attention of the nation from its
internal affairs. For these reasons, I would cer-
tainly vote, but without panic or alarm, in favour
of armaments, and the best defences we can have.

TURNPIKE-GATES AND TOLL-BARS.

The report of the Commissioners appointed to
inquire as to the best means of affording relief to
the inhabitants of the metropolitan districts within
six miles of Charing-cross, by the abolition of turn-
pike-gates and toll bars, together with the minutes
of evidence andappendix, has just been issued by
special order of the the House of Cammons,
The inquiry divides itself into two branches, one
relating to the repairs of the roads, the other
to the payment of the debts. Six distinct
modes were suggested by the witnesses ex-
amined by which the turnpike-roads might be
maintained if the tolls were abolished. These
are discussed by the Commissioners in detail. The
Commissioners decline to recommend the imposi-
tion of county rates, an additional house-tax, or
the appropriation of the present dues on stage and
hackney carriages. They think that if the Bd. coal
duty be continued, part of the proceeds thereof
may be conveniently applied to the purposes by the
Commissioners 'contemplated. They refrain, how-
ever, from the expression of any decided opinion on
this point. Waiving this question, and assuming
that toll-gates are to be pt rid of, the Commis-
sioners recommend that every parish which does
not prefer taking upon itself the repair of the roads
within its limits, shall pay 2d. in the pound on
the amount of its assessment to a common fund, and
that such further sum as may be required for the
repair of the roads not taken by the parishes be
raised by a rate-in-aid, to be levied in all
parishes within the district of the Metropolitan
Board of Works. This sum would probably be
about £27,000. The assessment of the whole die-
trict in 1858 wos £12,031,151, so that a rate-in-aid
of little more than one halfpenny in the pound
would be sufficient. IThe parishes which do not
manage their own roads would be called upon to
pay the rate of 2d., and also the rate-in-aid (21d.
altogether.) To other parishes it would be about
one halfpenny. All the roads not undertaken by
the parishes, as well on the south as on the north
by the Thames, would be placed under the supe-
rintendence of the Metropolitan Roads Commis-
sioners. The debts of the indebted trusts should,
it is suggested, be raid off by a general metropo-
litan rate of 2d. in the pound, or the sum might be
advanced, as in New South Wales, by the Exche-
quer Loan Commissioners, a term of years being
allowed for its re-payment.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS.—(TEas DAY.)
The SPEAKER took the chair at 12 o'clock.
BEVERLEY ELECTION.
Sir F. BARING brought up the report of the general
committee of selection nominating the committee to try the
merits of a petition, complaining of as undue election and
return for the borough of Beverley.
BODMIN ELECTION.
The SPEAKER acquainted the house that he had this
day received a letter from the agents to the petitioners,
complaining of an undue election and return for the
borough of Bodmin, stating that it was not intended to
proceed with the said petition.
ELECTION PETITIONS.
__

The members nominated to serve on the following elec-
tion petitions were called to the table and sworn—the
borough of Preston, and Kingston-on-Hull.
NEW WRIT'S. _ _

On the motion of 11fr:BRAND, a new writ was ordered
for Taunton in the room of Mr. Labouchere, who, since his
election, has accepted the office of steward of the Chiltern
Hundreds ; also for the borough of Devonport, in the room
of Sir Thomas E. Perry who has accepted the office of one
of the Council for India.

The Chester and Holyhead Railway Bills went through
committee and were read a third time and passed.
LAW OF PROPERTY, &c. BILL.

The Law of Property and Trustees Relief Amendment
Bill went into committee.
After a protracted discus ion of a desultory and strictly
technical character, in which Mr. Rolt, Mr. Malins, Mr.
Walpole, the Solicitor-General, Mr. Headlam, and Mr.
Hadfield took part, clauses 1 to 12 inclusive were agreed to
after several verbal amendments.
On clause 13 being proposed,
Mr. ROLT expressed a hope that the clause would be
withdrawn, inasmuch as it would be a question on scintella
jur is, which had long been obsolete in the courts of law
and equity.
The SOLICITOR-GENERAL supported the clause,
and urged the right hon. gentleman who had charge of the
bill (Mr. Walpole) not to abandon it.
Mr. MALINS concurred in the views of his hon. and
learned friend (Mr. Rolt), and contended that the clause
was both unnecessary and useless.
The clause was however agreed to without a division, as
were also Clauses 14 to 24 inclusive.
•

On clause 25,
Mr. MALINS drew attention to :the provisions of this
clause, which was not one of technical law, but one affect-
ing every landowner, every creditor, and every debtor in
the kingdom. As the law now stood a judgment entered
was a charge upon the lazed ;. but this clause sought to en-
act that a judgment per se should not be a charge on land
until a writ of executton was lodged with the Sheriff, and
unless this was done the debtor might aleinate his estate if
he thought fit, He held that iiwas better to leave the law
as it stands, and therefore he should give the clause his un-
com prisin g opposition.
The SOLICITOR-GENELAL thought the clause might
be productive of serious mischief, especially in the case of
Exchequer proceedings for penalties. The clause would
operate with great-harshness.
Mr. WALPOLE said he would not oppose the omission
of the clause, inasmuch as he considered the question of
sufficient importance to be discussed in a seperate and dis-
tinct measure.
Mr. HADFIELD supported the clause, which he con-
sidered to be the most valuable enactment of the bill.
Mr. MURRAY opposed the clause, which was nega-
tived without a division.
On clause 29 being proposed to stand part of the bill,
Mr. HADFIELD moved that it be omitted.
Mr. WALPOLE defended the clause, which went to
provide for the punishment of vendors, or mortgagees, and
their solicitors, who should be guilty of misrepresentation,
suppression of deeds, or fraud. Prosecutions, however,
could not be hastily instituted, for the clause provided that
such proceedings must first receive the approval of the
Attorney or Solicitor-General.
The SOLICITOR-GENERAL supported the clause,
and suggested a verbal amendment.
Mr. MALINS supported the clause.
Mr. MURRAY generally supported the clause, but
objected to the proviso that prosecutions should be first
sanctioned by the Attorney-General, which sanction would
be regarded by the public as a proof of the guilt of the
accused party.
After a few words from the SOLICITOR-GENERAL,
Mr. WALPOLE asked the committee to agree to this
clause as it stood, and he would undertake to amend it on
the next stage of the bill.
The clause was then agreed to.
The remaining clauses of the bill having been agreed to,
Mr. HADFIELD moved the addition of a clause by
which trustees should be authorised to invest trust funds
on real security, Bank Stock, and India Stock.
The clause was agreed to and added to the bill.
Mr. HODGKINSON moved the insertion of a clause
to give power to executors or administrators of a mort-
gage to convey the legal estate.
The ATTORNEY-GENERAL opposed the clause as
at present framed.
After a lenghty conversatinon, in which several hon.
and learned members participated, the clause was negatived.
Mr. HADFIELD moved the addition of a clause to
enable trustees to compound any bad or doubtful debt, or
give time for payment, when, in his judgment, it would be
for the benefit of the estate to do so.
The ATTORNEY-GENERAL hoped the committee
would not assent to the clause, which was vague and uncer-
tain. At present an executor could compound a debt, andif
he did that for his testator, which a prudent man would do
on his own account, he would be indemnified by the Court
under the 34th clause of this bill.
The clause was negatived, and the preamble having been
agreed to, the bill was ordered to be reported, with amend-
ments, and the house resumed._