HC Deb 10 July 1882 vol 271 cc2058-61

Of Partners and their Liability and authority in respect of Partnership Dealings.

Clause 6 (Partnership defined).

Question proposed, "That the Clause, as amended, stand part of the Bill."

MR. HORACE DAVEY moved to leave out Sub-section 2.

MR. MONK

rose to Order, and said the Question was, "That the Clause, as amended, stand part of the Bill."

CAPTAIN AYLMER moved to report Progress, on the ground that it was impossible at that time of the night to deal with the Bill properly.

Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."—(Captain Aylmer.)

MR. MONK

said, this Bill had been re-committed so long ago as the 5th of June, and the only opportunity which a private Member had of bringing it on was at a late hour. If the hon. and gallant Member would allow the Bill to proceed, he (Mr. Monk) believed that it could be soon disposed of.

MR. WARTON

said, he thought the hon. Member for Gloucester (Mr. Monk) spoke in a very cheerful tone as to this Bill having been in Committee for a considerable time. The difficulty of the Bill was that it affected to be a complete Code, and yet it was not to affect all our commercial interests, and it could not be disposed of in this way.

Question put.

The Committee divided:—Ayes 41; Noes 53: Majority 12.—(Div. List, No. 247.)

Question again proposed.

MR. A. J. BALFOUR

said, he supposed, after the indication given by the division, the hon. Member (Mr. Monk) would not proceed. The hon. Member must be aware that the real sense of the Committee was entirely opposed to going on with the Bill now; and he would, therefore, propose that the Chairman do now leave the Chair.

Motion made, and Question proposed, "That the Chairman do now leave the Chair."—(Mr. A. J. Balfour.)

MR. GORST

urged the postponement of the Bill, especially as the Chairman had not the assistance of the Law Officers of the Crown. It was clear that a Bill of this kind was not one with which the Committee could safely proceed without the assistance of the Law Officers, and he felt sure the hon. Member would not proceed.

MR. CHAMBERLAIN

said, he did not think his hon. Friend would think it wise to proceed, in view of what was the evident sense of a considerable portion of the Committee, At the same time, he thought the hon. Member was entitled to some sympathy, as he had always been met by proposals for reporting Progress or leaving the Chair.

MR. A. J. BALFOUR

said, he would withdraw his Motion.

Motion, by leave, withdrawn.

Question again proposed.

MR. T. C. BARING

protested against allowing the Bill to go on at such a late hour. This Bill affected the whole of the commercial interests of the country, and it was wrong to proceed with it under these circumstances.

MR. MONK

appealed to the Committee to agree to allow him to go on with the Bill on another night, if not now. He would put it down for tonight; and he would remind hon. Members that this Bill had gone through a Select Committee of the House, and had been carefully considered by distinguished lawyers, and by the President of the Board of Trade, who was perfectly prepared to go on with it now. Although Progress had been moved from the other side of the House, the hon. Members for Liverpool (Mr. Whitley) and Preston (Mr. Ecroyd) had both urged him to go on with the Bill. Under present circumstances he should not proceed, but would move to report Progress.

Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."—(Mr. Monk.)

MR. STUART-WORTLEY

said, he thought one reason why hon. Members objected to the Bill was that it was condemned by far higher authorities than those who sat on the Select Committee.

MR. WHITLEY

said, the Bill had been carefully considered, and had the approval of the commercial community generally. He was certain it had the approval of the community which he represented (Liverpool), and he believed, also, every other commercial community of importance in the United Kingdom. He had not yet heard any definite objection to the Bill, and he hoped the Committee would consent to go on with it.

SIR JOHN LUBBOCK

said, he believed the Bill had the approval of Mr. Justice Lindley, who was, perhaps, the highest authority that could be men- tioned on this subject. If hon. Members would now consider the proposed Amendments they would see that they were principally on points of detail. He regretted the absence of the Law Officers; but if they could not be present, the Committee must do the best it could without them. He thought that after so much trouble had been taken, and so many Members had sat up night after night in order to take this Bill, it was a little hard for hon. Members who did not care very much about it to come and raise objections. He hoped, at all events, that on some occasion the Bill might be proceeded with.

MR. ECROYD

said, he was a Member of the Select Committee which examined this Bill, and he believed it was one of considerable importance to the commercial community, and would enable men of business to understand more clearly what the Law of Partnership was.

Motion agreed, to.

Committee report Progress; to sit again To-morrow.