The Sun.
London, England, 1859-08-04 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS—(YESTERDAY.)
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 an 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.
ELECTJON 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 WRITS,

.•
On the motion of Mr. 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 B. 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 discussion 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withdrawn, inasmuch as it would be a question on scintilla
furls, 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 land ; but this clause sought to en-
act that a judgment per se should not be a charge on land
until a writ of execution was lodged with the Sheriff, and
unless this was done the debtor might aleinate his estate if
he thought fit, He held that it was better to leave the law
as it stands, and therefore he should give the clause his un-
comprising opposition.
The SOLICITOR-GENERAL thought theclause 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 separate 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 olause 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.
igr. 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 in
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. HODGKIeSON moved the insertion of a clause
to give power to executors or administrators of a mort-
gagee to convey the real 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.