The Sun.
London, England, 1857-06-12 00:00:00

CAMPBELL'S DIVORCE BILL.

On the motion of Lord REDESDALE this bill was
read a third time and passed.
SMITH'S DIVORCE BILL. _

The report of amendments ontlis bill was brought up
and agreed to. . _

SMOKE NUISANCES (SCOTLAND) ABATE-
MENT BILL.
Lord KINNAIRD moved the second reading of
this bill, and said that the pasting of this act would
be attended with the moat beneficial effects in Scotian.%

Of course there were objections to the bill by certain
parties on account of the expense of alteration
of furnaces, but these parties sees entirely to forgot the
immense saving they would effect by the diminished con-
sumption of fuel. But supposing there was no saving
effected, yet he thought they be iustified in passing this
measure, and compelling owners of milk and factories to
comply with its provisions even upon sanitary
grounds. He trusted, therefore, their lordships
would agree to the sec,nd reading of the bill.
Lord CAMPBELL said, baling represented Elin-
burgh in several Parliaments, hetook a lively interest in
this hill. He trusted the bill would pass their Lord-
ships and the other house, particularly because it would
effect a great improvement in thi sanitary state of Scot-
land.

Lord RAVENSWORTH wag in favour of the bill,
althoughtheacttorEngland had been rendered in a great
measure inoperative. He hoped more stringent mea-
sures would be adopted, is compel the owners of facto-
ries in all parts of the country to consume their own
smoke. By so doing they would get rid of a most poison-
ous nuisance, which now prevailed to a most alarming
ex, cut.

Lord REDESDALE supported the bill, and sug•
gested certain alterations, to the effect that any person
might lay the information against persons infringing its
provisions, otherwise it might be rendered altogether
nugatory.
After a few words from the Earl FITZ WILMA.M,
Lord KINNAIRD said the noble lord seemed to be

unacquainted with the duties of a procurator.fiscal or
public prosecutor. It was his duty to act upon the in-
formation of any person, if he thought the circumstances
justified such a course.
The bill was then read a second time.
CINQUE PORTS ACT AMENDMENT BILL.
Their lordships went into committee on this bill. The
whole of the clauses were agreed to, and were reported
without amendments.
STATE OF THE LAW IN EQUITY.
Lord ST. LEONARDS then rose to draw the atten-
tion of their lordship to the state of the law in equity,
charging trustees far breaches of trust, and said
it was his intention to propose an amendment of the law
for the relief of trustees acting bona fide and without
any benefit to themselves. The noble lord said, when
it was prop .sed•to sentence parties to seven years' penal
servitude for breaches of trust, a great difficul•y would be
found to get persons to take upo❑ themselves the duties
of a trustee. Under these circumstances he had framed
a bill which he should have great pleasure in laying on
their lordships' table, to protect trustees acting in good
faith from the provisions of so harsh an enactment. The
conditions he proposed to insert in the bill were, to alter
the present state of things, by which the ward was
entitled to all the profits, while the unfortunate trustee
was debited with all the 10-s occurring during his man-
agement of the trust fund. The profits certainly, in
common justice, ought to be set off against the losses.
That he proposed to enact in the first place. He pro•
posed to relieve a trustee who bad innocently overpaid a
tenant for life, from being proceeded against by the next
tenant, for the money so overpaid, in the case where the
next tenant was acquainted with the fact of such over-
payments being made without having protested against
it. By the present law, if a trustee tailed to convert into
leasehold property, but kept the trust fund in the 3 per
cents , he was liable to the tenant for the difference be-
tween the ren ts and the 3 percents. He proposed that the
trustee should not be liable if the- tenant in remainder
was acquainted with the fact that the investment had
not taken place, because he held that it was the bounder
cuty of the parties interested in the remainder to see that
such investments were duly made, and not to remain
silent until the death of the tenant for life. By the
third clause he proposed to provide for the safety of
trustees who acted on power of attorney to receive
funds Tor parties living abroad, but who may have dies•
heft re the act was completed. The clause would provide
for the safety of the party so acting; when he was not