The Sun.
London, England, 1850-07-24 00:00:00

The Bill wa; acc-ordingly lust.
DEal ORS AND CREDITORS (IRELAND) BILL.

This Bill was re.d a stcond time.
BOROUGH GAOLS BILL.
This Bill was rt ad a third time and passed.
CORONERS' FEES AbOLITION BILL.

Sir B. HALL movtd the second reading of this Bill.
Mr. HENLEY said he had no objection to the princi-
ple of the Bill, but he hoped that the Hon. Ali tuber,
after taking the second reading, would consent to post-
pone it until next year. The object of the Bill was to
commute the fees now received by coroners into salaries;
and as there would scarcely be time this session to
take the opinion of the great number of persons whore
interests would be affected by the Bill, he trusted the
Hon. Baronet would yield to his suggestion.
Sir G. GREY said he also had no objection to the

LONDON,

principle of the measure, if lair means were adopted to
ca':ry it into effect, but he thought the mode in which it
was proposedito fix the salaries was very objectionsiOle.
A few days ago he received a deputation of coroners
with reference to the Bill, and they alluded particularly
to the very unequal scale on which coroners were
remunerated by the magistrates of the different
counties, and it followed that if their salaries were fixed
on a ca►culation of the amounts which they had indivi-
dually received for a series of years past, the injustice
which now existed would be perpetuated.—(Hear, hear.)
There was also another point to bo considered:
no effectual security was taken for the performance of
the duties of the coroners when the motives arising from
the payment of fees no longer existed. He therefore
appealed to the Hon. Baronet whether it would not
be advisable to postpone the further consideration of the
Bill until nest year, seeing that there was not sufficieht
time this session to discuss these various details.
After a few words from Mr. T. EGERTON,
Sir JOHN PAKINGTON said he agreed with the
principle of this Bill, as the present system worked
badly, but he thought the details were open to alteration
and improvement. It was true some difficulty would
arise about settling the salary, but be hoped the difficulty
would not be such as to prevent the passing of the Bill
this session.

After a few words from Sir B. HALL,
The Bill was read a second time, and ordered to be
committed on Friday.

NAVY PAY BILL.

This Bill was read a second time, and ordered to be
committed on Friday.

CRUELTY TO ANIIIALS (SCOTLAND) BILL.
This Bill went through Committee and was r..ported.
On the question that the Bill be read a third time on
Friday,

Colonel SIBTHORP moved that the Bill be not pro-
ceeded with till this day three mmths.
Sir G. GREY hoped the -Hon. and Gallant Colonel
would reserve his amendment for the third reading.
Colonel SIBTHORP had no objection to take that
course.

The amendment was accordingly withdrawn, and the
Bill ordered to be read a third time on Friday.
HIGHWAY RATES BILL

This Bill was read a third time and passed, after the
addition of some new clauses.
SMALL TENEMENTS RATING BILL.
ADJOURNED DEBATE.

The ATTORNEY-GENERAL proposed the second
reading of a clause the object of which was to give to the
occupiers of small tenements the option of paying
rates, and deducting them from the rent, where the
landlord neglected to do so, in order to qualify those
occupiers to vote, and so prevent their disfranchisement,
which frequently happened as the law now stood.

Mr. STANFORD characterised the clause as a sup-
plement to the Reform Bill, and much too important to
be discussed at that late hour a the sitting of the House.
Sir H. WILLOUGIIBY thought this was an aban-
donment of the principle of the common law.
Sir G. GREY supported the clause, conceiving that
it would only extend the number of municipal voters by
admitting persons to vote who had been excused from
paying rates, which he thought was not objectionable,
seeing that iu such cases the rates would be paid in the
shape of

Mr. HENLEY thought there was no ground shown
why the Houle should depart from the general principle
of the law of paying a tax to be a ground of voting, be-
cause some parties would not take the trouble of getting
a vote by asking for it.
Mr. ELLIS supported the clause, contending that
without it the franchise iwould be narrowed to an incon-
venient ex' en t.

Mr. P. St.:ROPE opposed the clause, thinking that
under its opPration a class of persons who were paupers
would be admitted to exercise the franchise,
Mr. BOUVERIE supported the clause.
Sir JAMES GRAHAM said there was great dif-
ference between a Parliamentary, and a municipal
franchise. He thought that a composition for the
p%ynant of rates, which was admis>ible with re-
gard to the Parliamentary franchise, resulting from the
occupation of a lot house was inadmissible with re-
spect to a municipal franchise, where the sole test was
a continuous payment of rates for three years. As at
present advised, he could not think it expedient to sup-
port the clause.

Mr. BAINES, whilst admitting there was consider-
able difficulty in carrying out the principle involved in
the clause, he was yet prepared to support it.
After a few words from Air. SPOONER and Sir WM.
JOLLIFFE,

The House then divided, when there appeared—
For the second reading of the clause... 38
Against it
Majority ... -9

On the question being put that the clause be read a
third time, it being now six o'clock,
The SPEAKER adjourned the House, amid great
laughter.

MACKINTOSH ESTATE BILL.
(THIS DAY.)
The Lords' Committee on this Bill resumed their in-
quiry to-day, Lord Shaftesbury in the chair.
Mr. ANDREWS was heard on behalf of the opponents
of the Bill, and contended that if it should unfortunately
receive the sanction of their Lordships the children
of the clan of Mackintosh would be deprived of
the benefits of the fund which bad been left by the will
of Captain Mackintosh, and would transfer that fund to
par'ties who bad no right or interest in it whatever, and
yet no malversation or profligacy had been shown
on the part of the trustee* to whom the manage-
ment of the fund was entrusted by the tes-
tator. Independently, however, of the real
merits of the case, there was a question of considerable
importance which had been rased by the other side.
It was the ordinary rule of practice in their Lordships'
House that no property held under circumstances similar
to the present should be transferred to other parties
without the consent of all the trustees ore:eller individuals,
in whom it was originally vested. Now, in order to
escape that restriction, the promoters had attempted to
invalidate the right of Mr. Shaw to be trustee under
the will of Captain Mackintosh, that gentleman having
strongly protested against an application to Parliament
for a Bill of this nature. The persons who were
to administer the fuad-were to be magistrates of Inver-
ness, and Mr. Shaw had act-d in that capacity for some
years, without any one impeaching his right. Mr. Shaw
was a member of the Town-ceuncil as well as Dean of
Guild, and the opinon of Mr. Rutherford and Mr. M'Neil,
the eminent lawyers, to whom a case was submitted,
in 1841, was that a Dean of Guild, who was also a mem-
ber of the Town Council, could claim to be a magis-
trate, and therefore a trustee of the Mackintosh fund. A
decided objection was thus furnished to the further
progress of the Bill, because Mr. Shaw had de-
liberately dissented from any such inter!erence with
the fund. There was, however, another trust,e, whose
right to be a magistrate could not be successfully ques-
tioned,
who was also opposed to the Bill. The next
point which he raised as being fatal to the Bill was, that
it bad never been laid before the judges, and that the
notice given of the application to Parliament did not
comprehend all the objects which the promoters intended
to accomplish.
Mr. lloen asked permission of their Lordships to be
allowed to re ply to these points, in order that they might
be disposed of before his Learned Friend entered upon
the merits of the Bill.
The CHAIRMAN said it was not customary to hear
counsel on questions arising on the standing orders, but
in the present instance they would allow the Learned
Counsel to answer the objections which the other side
had thought fatal to the Bill.
Mr. HOPE then contended that the magistrates of In-
verness who were the trustees of the fund, like all cor-
porate bodies, acted by quorums and majori-
ties, and therefore the consent of all of them
to the present Bill was not necessary. The
number of magistrates was six, and four of them had as-
sented to the present application to Parliament for an
alteration in the mode or managing the fund. As to the
other point, the Learned Counsel argued that the
notice was sufficiently ample, but in the event of its not
being sa, the Committee, were perfectly justified
in striking out any clauses which they might think fo-
reign to the object of the Bill, as set forth in the notice
in question. . _ _

Tne Committee-room was cleared, and on the return
of the parties, _ _

Tbe CHAIRMAN intimated that their Lordships had
overruled both the objcctions.
Mr. ANDREWS then said, that the effect of the Bill
would be to confine and hamper the execution ef the
will, and deprive those whom the testator most wished
to benefit of the education which he thought be had se-
cured to them. The Learned Counsel had said that the
Inverness Academy had declined, and was not now
able to give a proper education to the Mackintosh boys,
such as was contemplated by the testator, ~but nearly all
the witnesses whom he (Mr. Andrews) had called had
been educated at the school, and they all agreed that it
was at present in as good a state as when they
were members of it, and that the education
afforded was not only as good as was generally gisen at
schools, but was sufficient to qualify a youth to enter
the University. The net income sirisingsfrom the fund
was between 600/. and 7001. a year ; that sum was
likely to be diminished, and it was proposed by
this Bill to deduct a clear one-third for the general
purposes of the academy, thus depriving the
Mackintosh boys of a great portion of
what was left for their especial benefit;
yet it had not been proved that the boys did not receive
an education which was likely to elevate the clan, or ti
qualify them fur situations in life such as were contem-
plated by the testator. On the whole, he thought
it would be injudicious for their Lordships
to sanction a Bill of this kind without
the consent of all the trustees, and he entreated them to
preserve intact this property, which had conferred such
valuable benefits on the Mackintosh c)an, obsprving that
any diminution of it would be felt as a heavy loss, not
only by
laeyiir
room
h
euzle xwittusvt:inneggi
ea6fareii;adni,l in
haeensader.rdlat,
fiittnel errdeaptol
reply,
participate in it,
but by their descendants fur all time to come.
sport interval, the
of
Fa I:titl,l.li,
elese Cwltniehuarecertkaris ine no lt
Mackintosh
esdhe
t announcedmid' 'v
h ethat thelCommittee were of
of
a r Fundtmoney
o 'ey i°)Zr ui
thebe purposes
ei
touthe
academy. The Committee were also of opinion
il.at the climes relatidg to the management
of the audit, and the supervision of the• fund,
and the admission of the bursars, excepting .o far
as such clauses directed that any sum of mum y should
be paid to the directors of the academy, should be
allowed.
The Committee then separated.

ANOTHER STRIKE,—The power-loom fustian
weavers, to the number of about 300, in the employment of
Mr. Joseph Schofield, at Littleborougb, Rochdale, have
turned out fur an advance of
wages to the amount of three
farthing* per pound... eGarn