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Then came the exception, which embraced / tion of rights of lords of the manor in all the commons of the country. These cases of enclosure, classes of land could not be enclosed except Colonel Sibthorp moved the omission of by Act of Parliament. This he had just the clause. explained to the hon. Member for Coventry The Committee divided on the Question, (Mr. Williams); and he now wished to that the clause stand part of the Bill: explain another thing; that the Bill to be Ayes +9; Noes 27 : Majority 22. introduced annually would be a public Bill, and would be exempt from all those

List of the Ayes. fees to which private Bills were now sub-Antrobus, E.

Graham, rt, hon. Sir J. jected.

Arundel and Surrey, Greenall, P.

Earl of Mr. C. Buller observed that, by the

Hamiltor, G. A. 12th Clause, it was stated that lands should Baring, rt. hon. W.B. Hamilton, w.d.

Barrington, Visct. Henley, J. W. be enclosed under this Bill. He referred

Blackburne, J. I. Herbert, rt. hon. S. to line 7, Clause 12. What, then, was Boldero, H. G. Jermyn, Earl the meaning of the 11th Clause, as to lands Boyd, J.

Jolliffe, Sir W. G. H. that might be enclosed? Were they, too, Bramston, T. W. Lincoln, Earl of not under the operation of this Aci? Broadley, H.

Mackenzie, W.F.

M'Neill, D. The Earl of Lincoln said, if the hon. Bruce, Lord E.

Buller, Sir J. Y. Masterman, J. and learned Gentleman would look to the

Card well, E.

Morris, D. 37th Clause, he would find the matter | Clerk, rt. hon. Sir G. Palmer, R. perfectly clear. The 37th Clause stated Clive, Visct.

Rashleigh, w. that the Act of Parliament by which the Clive, hon. R. H. Rolleston, Col. lands were to be enclosed should be a public Cole, hon. H. A. Smith, rt. hn. T.B.C. Act.

Cripps, w.

Somerset, Lord G. Mr. C. Buller considered that it would Dickinson, F. H. Sutton, hon. H. M.

Trotter, J. be impossible for any one to read those two Estcourt, T. G. B. Clauses, the 11th and 12th, without falling Fremantle, rt. ho.Sirl. Wood, Col. T,

Filmer, Sir E.

Wellesley, Lord C. into an error.

That which the 12th Clause Fuller, A. 'E. Wortley, hon. J. S. required, was something different from Gardner, J. D. Clause 11. That now, however, seemed not Gordon, hon. Capt.

TELLERS. to be the meaning of the Act. It seemed | Goring, C.

Young, J. to him that the clauses were misplaced. Goulburn, rt, hon. I. Lennox, Lord A. The Earl of Lincoln repeated that none

List of the Noes. of the classes in Clause 12 could be brought Aldam, w,

Manners, Lord J. into operation without a public Act of Par- Baskerville, T. B. M. O'Connell, M. J. liament.

Brotherton, J.

Ogle, S. C. H. Mr. C. Buller observed that in the Clause Buller, C.

Palmerston, Visct. 12, it was said by the noble Lord that none Carew, W. H.P. Scott, hon. F. of the classes comprised in it could be Clements, Visct. Stansfield, W. R. C. brought into operation without a public Cowper, hon. W. F. Stuart, W. V. Act of Parliament. As he understood the Crawford, W. S. Trelawny, J. S. Bill, no

Dalmeny, Lord Warburton, H. commons of any kind could be

Wawn, J. T. enclosed without the direction of Parlia- Entwisle, w.

Ebrington, Visct.

Williams, W. ment. The noble Lord then said nothing Ewart, W.

Worsley, Lord of those three other kinds of commons re- Ferguson, Sir R. A, ferred to in Clause 11 (as we understood); Hawes, B.

Sibthorp, Col, and the ambiguity which would arise from Hume, J.

Bouverie, hon, E. P. this was, that there seemed to be some other

The clause was then agreed to. kind of commons besides those in the 12th

Clauses to 32 agreed to. Clause, which might be enclosed without

House resumed. Committee to sit an application to Parliament. He took it

again. that there was only one class of commons -that in the 11th Clause—which might

Trinity College Estates.] Mr. M. J. be enclosed without an application to Par- 1 O'Connell moved for Copies of the Reports, liament.

Valuations, and Surveys of the Estates The Earl of Lincoln : Yes.

of the Provost, Fellows and Scholars of Clause agreed to.

Trinity College, Dublin, made by Maurice On Clause 29, providing for the reserva- Collis, Esq. He stated that the Board of


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ga. and passed :-Real Property Conveyance (No. 2). Trinity College had given their assent to

Private.-14. Aberdare Railway; Erewash Valley Railthese Returns. The hon. Gentleman oppo

Bristol Parochial Rates ; Saint Helen's Canal and site (Mr. Hamilton) had been communicated

Railway. with on the subject, as well as his right

2a, Liverpool and Bury Railway (Bolton, Wigan, and Li

verpool Railway and Bury Extension); Middlesbro' and hon. Colleague, the Recorder of Dublin,

Redcar Railway; West London Railway Extension and and he understood there would be no oppo- Lease; North Union and Ribble Navigation Branch sition to his Motion.


Reported. --Edinburgh and Northern Railway; Wear ValMr. G. A. Hamilton said, as the Mo

ley Railway; Shepley Lane Head and Barnsley Road. tion was of a peculiar nature, it was his 34. and passed :-Trent Valley Railway; Lyme Regis Imduty to state, in confirmation of what the provement, Market, and Water Works.

PETITIONS PRESENTED. From Samuel Gordon, Esq., hon. Member had said, that it was made

Dublin, for the Insertion of certain Clauses in the Tenants' with the assent and concurrence of the Compensation (Ireland) Bill.-By Marquess of LondonBoard of Trinity College. The information derry, from Landowners of Upper and Lower Castle

reagh, against the Tenants' Compensation" (Ireland) Bill. which was sought for, had already been

-By Marquess of Clanricarde, from Stockholders and given in substance, though not in detail, by others of Bathurst (New South Wales), complaining of Mr. Collis, in his evidence before the Land Proclamation issued by the Governor of the Colony re

lating to Regulations touching Depasturing Licenses. Commission. The details, however, were

From Landowners and others of Midsomer Norton, important, and the Return moved for by

against the Real Property Deeds Registration Bill.– From the hon. Member would afford some in

Mark Silverston, of Duke Street, Aldgate, complaining

that Proceedings have been commenced against him for teresting information with regard to the

selling Bread in the City of London, without being free occupation of land in Ireland. It had been of the Bakers' Company, and praying for Inquiry and

Relief.-From Provost and others of Musselburgh, against obtained at a very considerable cost by the

certain parts of the Infeftments (Scotland) Bill.- From Board of Trinity College. He understood

Freeholders of County of Kerry, for Alteration of Law the survey, and valuation, and inquiry, had relating to Juries (Ireland).-From Eliza Price, comcost no less than 3,0001.; and certainly the plaining of conduct of Samuel Stone Brisco, Esquire, (a

Magistrate,) and others, and praying for Inquiry and ReReturns would show how much pains and trouble the Board of Trinity College had taken, and how strongly they had felt it

DRAINAGE BY TENANT FOR LIFE their duty to make themselves acquainted BILL.] The Duke of Richmond moved with the actual condition of every person the Second Reading of the Bill to amend living on their extensive estates.

an Act of 3rd and 41h Victoria, and enMotion agreed to.

able the owners of settled estates to deHouse adjourned at a quarter to two fray the expenses of draining the same by o'clock.

way of mortgage.

The Bill was now

drawn as directed by the Committee, and HOUSE OF LORDS,

related solely to draining; there were

other questions, such as giving a power Saturday, July 5, 1845.

of leasing for nineteen or twenty years, Minutes.] Bills. Private.--2. Winchester College Es; and also a power of exchange, which was

tate; Forth and Clyde Navigation and Union Canal Junction ; London and South Western Railway: Cock

very desirable, particularly now railroads ermouth and Workington Railway; Scottish Midland severed property, so that twenty acres Junction Railway.

might be left on one side of the rail beReported.-Wakefield, Pontefract, and Goole Railway ; West London Railway Extension and Lease; North longing to one owner, and i wenty acres Union and Ribble Navigation Branch Railway ; Lyme belonging to another might be left on the Regis Improvement Market and Waterworks. za. and passed :-Eastern Counties Railway (Ely and

other side: these subjects, however, Whitlesca

) Deviation ; Taw Vale Railway and Dock; might be the subject of legislative enactBelfast Improvement; Manchester and Birmingham Rail- ment hereafter. It had been thought deway (Ashton Branch); Ashton, Stalybridge, and Liverpool Junction (Ardwick and Guide Bridge Branches sirable by the Committee to extend the Railway ; Ulster Railway Extension ; Manchester, South Bill to Ireland as well as to England ; Junction, and Altrincham Railway : Chelsea Improve and it simplified the proceedings by ment; North Wales Railway; London and Brighton Railway (Horsham Branch); Londonderry and Enniskila enacting that a Master in Chancery, on len Railway; Chester and Birkenhead Railway Extension. being satisfied of the outlay, should give a

certificate which is to operate as a rentHOUSE OF LORDS, charge, and as the application was to be Monday, July 7, 1845.

made in the first instance to the Master, MINUTES.] Bills. Public.-14. Foreign Lotteries; Law

much expense would be spared. of Defamation and Libel Act Amendment.

The Marquess of Salisbury did not 21. Drainage by Tenants for Life; Brazil Slave Trade ; Arrestment of Wages (Scotland) ; Dog Stealing ; Admi- afford employment to the poor; but

mean to oppose a Bill which was likely to nistration of Criminal Justice; Timber Ships; Unions (Ireland).

he hoped his poble Friend would give

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pages of items.

55 Committees on Private Bills {LORDS} and Select Commiltees.

56 them a fair opportunity of discussing the suggestions which occurred to hiin with details of the Bill, particularly with re- regard to that part of the Bill. gard to the part which permitted persons Bill read 2a. to raise money upon seliled estates for The purposes of building.

STANDING ORDERS – RAILWAYS.] ] Lord Beaumont said, that question was The Marquess of Clanricarde moved that much discussed in the Committee, and in there be inserted in every future Railway his opinion buildings must be included, or Bill, a Clause to enactthe Bill would not be effective. He did not intend ornamental buildings, but such in Office until the First Ordinary Meeting to be

" That the Directors appointed shall continue as sheds for cattle, which had always held after the passing of the Act, and at such been considered permanent improvements, Meeting the Shareholders present, personally or and which must be increased if there was by Proxy, may either continue in Office the Diincreased produce. He never knew a rectors appointed by this Act, or any Member Bill on which he felt less difficulty in of them, or may elect a new Body of Direcgiving a vote in its support. It improved continued in Ofice; the Directors appointed

tors, or Directors to supply the Places of those the position as well of the tenant for life by this Act being eligible as Members of such as of the remainder-man; it would bene

new Body." fit the occupier as well as the holder. It was an attempt also to simplify the legal be added to the Roll of Standing Orders.

On Question, agreed to, and ordered to proceedings, and render unnecessary those heavy law expenses for petitions, a speci

Committees on PRIVATE BILLS AND men of which was given to the Commiltee, which extended to two closely printed l of Lansdowne said he would take that op

Select COMMITTEES.] The Marquess The Earl of Devon, as a Member of the portunity, which was not altogether irre

gular, of stating some circumstances con. Committee, supported the Bill, which nected with railways deeply affecting the preserved ihe control of the Court of interests of all their Lordships and of Chancery, and at the same time reduced

every man in the country, and which the expense. He hoped that it might be

must call for another addition to the made appendant to the Bill relating to Standing Orders, for the purpose of affordtenants' rights in Ireland. It pointed out ing a sufficient protection io Members of the objects which it was the desire of the

Parliament. It might be known to their Legislature to obtain, and was of the ut. Lordships, and if it were not it would apmost importance to the general improve

, ment of the agriculture, not only of this pear strange, that an hon. Gentleman,

now a Member of the other House of Parcountry but of Ireland.

liament, was placed at this moment in a The Earl of Wicklow approved of the situation in wbich any of their Lordships extension to Ireland, and hoped that might be placed also. This hon. Gentlepowers would be given to the guardians man, about seven years ago, was invited of infants to effect these improvements. to become a subscriber and director in a

Lord Campbell also approved of the Company for establishing steam navigaprinciple of the Bill, and rejoiced that it tion io India by the Cape of Good Hope. was extended to Ireland. For more than After looking at the nalure of the underhalf a century they had had such a Bill taking, he advisediy declined 10 become a for Scotland, and in all respects as the subscriber or director of the Company. Bill now stood he highly approved of Of course he then dismissed the Comit.

pany from his mind, and neither directly The Duke of Richmond said there was nor indirectly had he done any act as a a clause in the Bill which would, he be- director. Notwithstanding this, after five lieved, have the effect of enabling guar- years had elapsed, a demand was made, dians to drain.

in consequence of his name being inserted The Lord Chancellor had not till now a director without his knowledge or read the Bill; there were several details consent in the Act of Parliament obtained in it with respect to the Couri of Chan by the Company. The demand made on cery; he did not object to the second him was for the amount of all the claims reading then; but he would communicate for which the Company had become with bis noble Friend the noble Duke any I liable, as the other persons whose names


57 Committees on Private Bills {JULY 7} and Select Committees. 58 had been mentioned had turned out mere fought to be required to be set forth by a men of straw. His name being found in Standing Order as having given such the Act gave grounds for proceedings being consent. He should take an early opporcommenced against him in a court of tunity of presenting a Standing Order for Jaw; and although he could prove that the purpose of effecting what he had he had refused to be a director of the pointed out as necessary. Company, and although he had never Lord Brougham was sure that the pub. acted as such, an opinion obtained from a lic would be much obliged to his noble high legal authority stated that, inasmuch Friend for adverting to this class of cases. as the Act of Parliament itself was a legal The difficulty would be how to afford a publication, he was legally represented as remedy in the particular instance, a director. Now he (the Marquess of would willingly have concurred in passing Lansdowne) begged to ask their Lordships an Act in order to relieve a person in the whether they were not all in the same si- situation described by the noble Martuation? Were not all their names in- quess, but that in so doing there arose a serted in one form or another in all the difficulty which was to him insuperable; local Acts that had passed through the namely, that the House, having originally Legislature ? And were they not all liable passed a Bill in a negligent and careless to be made a subject of action ? To show manner, could not, by any subsequent the extent of the impudence and the au- Act, reach the cheat who had beguiled dacity of the parties engaged in getting them; but any such measure would only up trading companies, he would state a affect an industrious and honest person fact which had come to his knowledge. who might have lent bis money on the A Gentleman, a Member of Parliament strength of their Lordships' legislation. for one of the counties, was asked to be. The man who sued the hon. Gentleman come a director of one of these projected whose situation was described by the no. companies, and he refused. A shori time ble Marquess, might be, and probably afterwards he was told that he had at- was, as bona fide a sufferer as that hontended at a meeting in the county with ourable person himself was; and, consewhich he was connected, and had spoken quently, what would relieve the one, in favour of the projected scheme.' His would oppress the other. He thought, if attention being called to the Report of the Houses of Legislature passed Acis so this meeting, he found not only that he thoughtlessly, they ought each to pay was stated to have attended, which he their respective portions of the pecuniary did not, but he found also that many other losses which they inflicted thereby. This persons were asserted to have been there, showed the caution that was necessary to and to have made speeches, although be exercised by their Lordships in passing they did not attend such meeting. The Railway Bills; and the immense consewhole of the parties went to the bankers, quences that might be involved by their advertised in a body, and gave notice to not repressing rather than facilitating this them not to pay any money that should gambling disease under which the coun. be received by them on account of the try laboured. It was the greatest missaid scheme after the meeting in question; take to suppose that these undertakings and it turned out that a very large sum were bona fide on the part of those who had been subscribed after that meeting, put them forward. All that those parties solely upon the belief, and in consequence sought, was to give them an appearance of its having been publicly reported that of outward semblance of a bona fide railthe persons to whom he referred had ata way project, in order that they might go tended it, and had sanctioned its objects. and job in the railway market; and ParNow, in what a situation might not their liament, from a very honest and conscienLordships be placed if such things as this tious feeling, wishing to give every facility were allowed? He could not pretend to possible, omitted to take any pains to point out what ought to be done ; but he inquire into the real merits of the scheme. would merely say that they ought to pro- Had they done so in the present case, tect themselves from being involved in they would have found that Mr. Berkeley such schemes. By what means he left it had not given his sanction to this meato their Lordships to consider. But what sure. Every day showed the ruinous he did say was, ibat the names of the con- consequences to which this gambling sys. senting individuals to any future schemes I tem inevitably tended. Men could not

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do two opposite things at once. They Lordships. Their Lordships were aware

| could not employ their capital in gambling that a Treaty was concluded between this speculations, and at the same time employ country and Brazil, in the year 1826, for it in the legitimate course of trade. Look the abolition of the Slave Trade. By the at your Returns of the Revenue this quar- First Article of that Treaty, the contractter! Within the last two or three months ing parties stipulated thatthey would find a very great falling off in “At the expiration of three years, to be the amount of revenue derived from the reckoned from the exchange of the ratificaCustoms and Excise.

tions of the present Treaty, it shall not be Lord Stanley: That is in consequence Brazil to be concerned in the carrying on of the

lawful for the subjects of the Emperor of of the great reduction of duties. The

African Slave Trade, under any pretext or in quantities consumed are increased.

any manner whatever; and the carrying on of Lord Brougham was not aware that such trade after that period by any person, the reductions to which the noble Lord subject of his Imperial Majesty, shall be alluded had taken place. He was very deemed and treated as piracy.” glad to find that the deficiency in the By the Second and Third Articles of the revenue had not arisen from a falling off Treaty, the contracting parties mutually of the consumption of customs and excise agreed, with a view to provide for the rearticles. His observations were, however, gulation of the said trade, till the time of intended to apply to the frauds practised its final abolitionby speculators in railways, who, as one el “ To adopt and renew, as effectually as if mode of warding off opposition to their the same were inserted, the several Articles schemes, would undertake to insert clauses and provisions of the Treaties concluded bein their Bills which they never did insert. Iween His Britannic Majesty and the King of The whole matier was evil which

Portugal on this subject, on ihe 22nd of Janu.

and demanded their Lordships' serious consi- ary, 1815, and on the 28th of July, 1817,

the several explanatory Articles which had deration.

been added thereto." The Marquess of Lansdowne explained. The last Treaty with Portugal, in the year He had omitted to state, which he now did distinctly, that the hon. Gentleman 1817, contained a provision from which it to whose case he alluded, had no know- appeared that the contracting parties conledge of the Bill subsequently to the templated the possible termination of that

Convention. By a separate Article, it was application made to him; and he did not know that it was passing through Parlia- agreed that as soon as the total abolition of ment until it had received the Royal of the Crown of Portugal should have taken

the Slave Trade on the part of the subjects Assent. Earl Fitzhardinge said, he had been selves to the state of circumstances con

place, the two parties would adapt theminformed by his brother (Mr. Berkeley) templated by the stipulations of the Conthat when ihis Committee was first convention concluded on the 28th July, 1817; ceived, a proposal was made to him to but in default of any such regulation, then join in it. After consideration he de- the conditions of the said Convention should clined, and from that time he had no continue in force for fifteen years from the interference with it; he never attended day when the ratifications of the Treaty any meeting of its concoctors, and knew should take place. The ratifications were nothing of it until he was sued by a parly, exchanged between Brazil and this country who was a shipbuilder, for an amount on the 13th March, 1827; consequently exceeding 35,0001. To show the hard in three years after that period, the Slave ship of his brother's case, he was in- Trade was finally abolished in the Empire formed that the expenses already incurred of Brazil. Fifteen years from that period amounted 10 4001., let the case turn out had now elapsed; and the Government of as it might.

Brazil, on the 12th of March last, gave

notice to Her Majesty's Minister at Brazil, Brazil Slave Trade Bill.] The that on the following day, the Treaty beEarl of Aberdeen said, that in moving the tween this country and Brazil would ex Second Reading of the Brazil Slave Trade pire, and that the Mixed Commission, and Bill, he would endeavour to explain as all the instructions connected with it, briefly as possible, the reasons why Her would be at an end. It might admit of Majesty's Government had thought it ne- some doubt how far the contingency concessary to introduce that measure to their templated by the separate Article had ar

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