The Sun.
London, England, 1857-07-10 00:00:00

FRAUDULENT TRUSTEES BILL.

The house went committee on this bill.
On clause 4,
Mr. E. EGERTON moved to insert after the word
"property" the words "or being entrusted with auy
property of any description for the purpose of perform-
ing, or causing to be performed, any work or labour
upon or in respect of the same."
Mr. AYRTON objected that many ants which at pre-
sent could be treated as larcenies, and dealt with sum-
marily, could under this amendment be only treated by
indictment at the assizes.

Mr. HADTIELD and Mr. C. LEGH supported the
amendment.

The ATTORNEY-GENERAL had no objection to
the comprehending the special case intended in this bill
in accordance with the principle which several bon. gen-
tlemen had advocated, but ho was afrid of including other
cases not intended. He suggested that the amendment
should stand over, and should be brought up again on
the report.
After some further conversation the amendment was
withdrawn, and the clause was agreed to.
On clause 9,
Mr. HADFIELD called the attention of the house to
the hardship to which honest trustees were exposed, and
the consequent unwillingness of respectable persons to un-
dertake so arduous and perilous an office. He trusted
something would be done for the relief of the honest trus-
tee from the risks to which he was at present exposed.
The ATTORNEY-GENERAL said he proposed to
make some alterations which would meet the difficulties
suggested.
The clause with some amendments was agreed to.
On clause 10, providing that any answer compulsorily
given by a trustee under the act, shall not be used
against him in criminal cases,
Mr. BUTT objected to the clause, as trenching upon
an important principle of the law.
Mr. AYRTON said this was the first Act of Parlia-
ment ever introduced violating the principle of law ad-
verted to by the last speaker, and thought the commit.
tee should be very careful in adopting it.
The ATTORNEY-GENERAL contended that this
proviso would not violate any principle of law, and with-
out it the bill would be useless.

Mr. BAINES considered that the danger appro.
hended was guarded against by the latter part of the
clause.

Mr. MALINS held that if the clause were altered it
would destroy justice instead of promoting it.
Mr. COLLIER said there was no novelty in the
clause which was based upon the recognised
principles
of English law.
On clause 11,
Mr. CAIRNS proposed to add these words :—" And
nothing in this act contained shall effect or prejudice any
agreement entered into or security given by any trustee,
having for its object the restoration or repayment of any
trust property misappropriated.
The ATTORNEY-GENERAL acceded to the addition
of the words, and the clause as amended was agreed to.
On clause 12,
Mr. CAIRNS moved that it might be so amended as
to stand as follows :--" No proceeding or prosecution
for any offence included in the first section of this act
shall be commenced or carried on otherwise trban
the mariner hereinafter mentioned—that is to say-
1. That in any civil proceeding against a trustee, or in
any proceeding under the bankruptcy of any person be-
ing a trustee, it shall appear to the court or judge be-
fore whom such proceeding shall be pending that there
is reasonable and probable cause for a criminal prosecu-
tion against such trustee under tbis act, it shall he law-
ful for such court or judge to make an order sanctioning
such prosecution. 2. Such order sanctioning a prose-
cution may be made at any stage of the proceeding
pending before such court or judge, and may be ob-
tained upon motion or petition in a summary way. 3. If
the court or judge, on an application being made to
sanction such prosecution, shall be of opinion that the
trustee should be held to bail until either such sanction
shall be refused, or until a warrant for the arrest of such
trustee shall be issued in due course of law, it shall be
lawful for the court or judge to direct a writ or writs of
ne neat regno to issue against the trustee, marked for
such sum as the court or judge shal I think fit, not ex-
ceeding the estimated value of the property alleged to