HL Deb 08 May 1856 vol 142 cc181-2
THE LORD CHANCELLOR

observed that he had intended to move the third reading of this Bill that evening, but deferring to the opinion of a noble Friend, a great authority on commercial questions, who assured him that there was among the mercantile classes of London a strong prejudice against certain of its clauses, he had altered his purpose, and would move that, with a view to afford more mature deliberation, the Bill be referred to a Select Committee.

LORD OVERSTONE

was understood to say that the Bill had excited very great alarm and apprehension amongst the merchants of London. They feared that under its provisions contracts which they had hitherto considered binding might be set aside by what had passed in mere conversations; and that the Bill would lead to much misunderstanding, to perjury and fraud. Under these circumstances the mercantile community felt exceedingly desirous to have an opportunity of laying their views before their Lordships.

LORD CAMPBELL

said, he had not expected that the Bill would meet with any obstruction, and thought that, if the noble Lord who last spoke had not listened to the opinions of others, but exercised his own judgment, he would have found that there was no ground for the alarm which it was alleged existed. He denied, too, that the merchants of London had been taken by surprise in the matter, as a Commission had been for the last two years sitting upon this subject.

EARL GREY

approved the course taken by the Lord Chancellor, and submitted that ample opportunity to explain their objections to the measure should be afforded to those among the traders of London—and they were believed to be a majority—who viewed the Bill with alarm.

LORD ST. LEONARDS

also commended the course adopted by the Lord Chancellor.

LORD STANLEY OF ALDERLEY

observed that he did not share the apprehensions of those who viewed the Bill with alarm. Full time had already been allowed for the consideration of the subject, and though he offered no objection to the postponement of the third reading, he protested against its being stated that the commercial community had been taken by surprise.

THE LORD CHANCELLOR

said, he trusted it would be understood that he did not entertain any doubt as to the propriety of the clause which abrogated so much of the Statute of Fraud; but after what had passed between him and his noble Friend, who was so eminently qualified to give an opinion, and who said that there was a general feeling against the clause, he thought it would not be desirable that the Bill should go down from their Lordships' House to the other House of Parliament with the chance of it being said that it was a piece of hasty legislation. He thought it right to err by giving too much consideration than too little, and he could not help thinking that when the matter was considered those persons would see that it was not open to the objections that they had made.

Order for the Third Reading read and discharged: and Bill referred back to the same Select Committee to which it was formerly referred.

Order of the Day for the Third Reading of the Mercantile Law (Scotland) Amendment Bill read and discharged.