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applied. He did not think the Bill | his position, as he could pretty well would give rise to a conflict between imagine what kind of life he would have the authorities.

between the saints upon the one side MR. LOCKE considered that it would and the sinners on the other. The counbe advisable to repeal the particular try had not had time to consider the Act in question. He did not know, Bill in a more extended sense, and on until the Aquarium case came on, that these questions, between sinners and there was such an Act, and no one else saints, it was not easy for anybody to seemed to know it. According, however, come to a conclusion. to the hon. and learned Gentleman the MR. MUNTZ urged upon the GovernMember for Salford (Mr. Charley), it ment to accept the Amendment. He was the most delightful Act of Parlia- could not see what object could be gained ment that was ever passed, so that they by the words extending the operation of had all been for so many years past the Bill to penalties levied under any living in a state of happiness without other Act than this obsolete one of the being aware of it. He believed that reign of George III. They ought not the great majority of hon. Members did to repeal by à vote of this kind pronot like to offend a certain class of visions of several Acts of which they people, but would be very happy if the knew nothing whatever. Dealing sumAct were repealed. Hon. Members said marily as it did with cases such as that to the managers of these aquariums and before the House, its provisions ought such institutions—" Don't take money to be carefully considered. The whole on Sundays;" and the persons in au- Sunday question must soon be carefully thority were willing not to do that; and considered in an enlightened manner; as to the views taken by the legal faculty it could not be shunted much longer. of the case tried, the Judges in both MR. ASSHETON CROSS said, that the Courts said it was highly improper, as he had stated the other day, no one or words to that effect, that proceedings could look upon this measure as a satisshould be taken under that Act. No factory way of dealing with the quesone had spoken in favour of it; and, on tion. The whole question of Sunday the whole, instead of taking the course was a great and important matter, and the Government were now adopting, he it was one in which the public took considered it would be much better to great interest. There were large masses repeal the Act. [“ Order!”]

of the people strongly in favour of the THE CHAIRMAN said, the hon. and observance of Sunday. At the same learned Member was not in Order, inas- time, many of the persons who held this much as he was dealing with the first view very strongly had not the slightest part of a clause not before the Com- wish to interfere with the innocent remittee.

creation of the masses of the people, SIR HENRY JAMES said, it seemed always provided that it did not entail to be the feeling of the House that the compulsory service or work on the part measure should only be a temporary of other persons. The opinions of the one. Whilst the Opposition made no highest authorities had been taken to objection to the Government bringing see how the penalties could be legally forward a Bill to meet the necessities of commuted. The Act had been enforced the time, surely the Act should only be in one instance, and cases under its proa temporary one. The powers should visions were still pending in other inapply to the Act which had been referred stances, connected with places which no to, and to that alone. If necessary, let person could possibly think were disParliament alter the several laws, but orderly houses. He could assure the let it be done permanently and after House that he had not the slightest wish mature consideration, and not in such a that the places should be shut up during Bill as that before the House.

the Sunday, and it was because he MR. HENLEY said, he should be wished to prevent frivolous and vexaglad to see the Bill restricted in its ope- tious prosecutions from taking place ration to one Act of Parliament. Should during the Recess that he ventured to the Bill pass in its present form he be- bring forward the present Bill. He did lieved it would prove a great curse to not wish, however, to take more responany Government that had to carry it out. sibility on his shoulders than he had He would not envy the Home Secretary need to take, and, as his object was to prevent frivolous and vexatious prosecu- | tation and another in reference to registions from taking place, he had no ob- tration. He really thought it would be jection to accept the suggestion now better for purposes of registration not made. He should not like to put in the to undertake the difficult task of definiBill that this should be as Act for one tion, but to simply use the term “trade year only. This would tie them down marks” and leave the definition to the too much, and he would, therefore, ordinary Courts of Law. He recognized oppose any limitation as to time. He the exertions which had been made by would also strongly oppose the re-intro- the President and Vice President of the duction into the Bill of a clause already Board of Trade with a view to settling struck out. In conclusion, he expressed the question; but he wished to point a strong hope that the Bill would be out some difficulties which ought to be allowed to pass.

before the mind of the House in dealing Amendment, by leave, withdrawn. with it, and urged that the greatest care Clause amended, and agreed to.

should be taken not to prejudice valua

ble rights or to inconvenience the comClause 3 (Short title).

plicated and extensive operations of MR. ASSHETON CROSS said, he trade. hoped that before long they might have MR. CAVENDISH BENTINCK said, a system established based on the prin- the opposition arose upon points of detail ciple of public prosecution.

which would be considered in ComClause agreed to.

mittee. SIR CHARLES W. DILKE said, that,

Amendment, by leave, withdrawn. after the explanation they had just heard Question put, and agreed to. and the debate which had taken place,

Bill considered in Committee. he would not move the Amendment he had intimated.

(In the Committee.)

Clauses 1 to 7, inclusive, agreed to. Bill reported; as amended, considered ; Amendments made :-Bill read the third Clauses 8, 9, and 10 verbally amended, time, and passed.

and agreed to.

Clause 11 (Definitions). REGISTRATION OF TRADE MARKS On the Motion of Mr. ALFRED MARTEN, (re-committed) BILL-[BILL 276.]—[Lords.] Amendment made in page 5, line 24, (Mr. Cavendish Bentinck.)

after the word “mark,” by inserting

“motto, or printed or woven heading." Order for Committee read.

MR. CAVENDISH BENTINCK Motion made, and Question proposed, moved, as an Amendment, in page 5, “That Mr. Speaker do now leave the line 28, after “distinctive," insert * deChair.”—(Mr. Cavendish Bentinck.)

vice, mark, heading.” It had been MR. ALFRED MARTEN (for Mr. mittee to take the unworkable defini

deemed undesirable by the Select ComHERMON), in moving as an Amendment, tion of the previous Act. The Bill with “That this House will, upon this day the present Amendment would, he two months, resolve itself into the said thought, put an end to the practice of Committee,” said, he wished to call pirating trade marks, by giving a proattention to the difficulty of getting a perty in them to the owner on registraproper definition of the term “trade

tion. mark.” There had been proposed various definitions, but none which would be

Amendment agreed to; words inserted. effectual and comprehensive for the pur- MR. CAVENDISH BENTINCK poses of a statutory registration of trade moved, at the end of the clause, the marks. The definition in the Act of addition of the words 1862 in reference to the fraudulent

“But the provisions of this Act conferring : imitation of trade marks was a most special jurisdiction on the Court as above defined extensive one; but in the Bill it was shall, not excepting so far as such jurisdiction proposed that there should be a far less extends, affect the jurisdiction of any Court in extensive definition. A good deal of Scotland and Ireland in causes, actions, suits

, or

proceedings relating to trade marks; and, if difficulty must arise from having one the register requires to be rectified in consedefinition in reference to fraudulent iini- quence of any proceedings in any such Court in

Mr. 488heton Cro88

COMMITTEE.

1

Scotland or Ireland, due notice of such require- | lieved it would, to some extent, defeat ments shall be given to the registrar, and he the object of the Bill, which was to proshall rectify the register accordingly."

vide a cheap transfer for small proTHE LORD ADVOCATE said, the

perties. Under this clause any small paragraph was framed by the Solicitor property would instantly, on the death General for Ireland and himself in con- of its owner, become the subject of judijunction with the Vice President of the cial investigation, and the dread of that Board of Trade, it being thought desirable that causes should be tried in expense would, in practice, keep such

properties off the register. the country in which the mark was registered.

Amendment agreed to. Amendment agreed to ; words inserted. Clause, as amended, agreed to. Clause, as amended, agreed to.

Clauses 42 to 79, inclusive, agreed to. On the Motion of The LORD ADVOCATE,

Clause 80 (Effect of deposit of land the following new clause was inserted

certificate). after Clause 11:

MR. JACKSON moved the omission (Saving of proceedings in Scotland and

of the clause, on the ground that it Ireland). “ Nothing in this Act shall affect the jurisdic

would interfere with one of the fundation and forms of procedure of the Courts in mental objects of the Bill. The clause Scotland and Ireland respectively in any action provided that, subject to any registered or proceeding respecting a trade mark hitherto estates, charges, or rights, the deposit competent to those Courts."

of the land certificate, in the case of Bill reported, with Amendments; as

freehold land, and of the office copy of amended, considered; read the third the registered lease in the case of lease

hold land, should, for the purpose of time, and passed, with Amendments.

creating a lien on the land to which such

certificate or lease related, be deemed LAND TITLES AND TRANSFER BILL. equivalent to a deposit of the title deeds (BILL 105.]—[Lords.]

of the land. One of the objects of the (Mr. Attorney General.)

Bill was to prevent the increase of enCOMMITTEE. [Progress 28th June.] cumbrances, and this clause was incon

sistent with that object. There had Bill considered in Committee.

been a large number of cases in which (In the Committee.)

priority of encumbrances formed the Clause 41 (Transmission on death of subject of trial, and the question was freehold land).

one which gave rise to a great amount THE ATTORNEY GENERAL said, of litigation. that when the Bill was last in Commit- THE ATTORNEY GENERAL said, tee his Amendment was under consider- he could not agree with the hon. and ation. He had proposed an Amendment learned Gentleman that difficulty and in page 14, line 6, after the word “re- confusion would arise from the clause, gistrar," to insert the words

nor could he admit that it was inconsis“Regard being had to the rights of the several tent with the rest of the Bill. The hon. persons interested in such land, and in particu- and learned Gentleman had given such a lar to the selection of such person as may for general support to the Bill that he was the time being appear to the registrar to,, be sorry to have to stand by the clause in entitled according to law to be so appointed.”

opposition to the view entertained by Progress was then reported. He had since him. It would give an additional facigiven the subject his most careful atten- lity in many cases to the raising of tion, and he still thought his Amend money for temporary purposes, and he ment was the best that could be adopted, was unable to see any objection to it. and that it would be better to leave the MR. ALFRED MARTEN hoped that Registrar to select the proper person to his hon. and learned Friend would not be registered than to lay down any de-press his proposal to a division, having finite rule which should be applicable to regard to the fact that the Court of

Chancery had held that, notwithstandMR. JACKSON regretted that the ing an Act of Parliament, a deposit of hon. and learned Gentleman intended deeds was sufficient to give priority of to insist on his Amendment. He be-claim to land.

VOL. CCXXVI. (THIRD SERIES.] 2 A

all cases.

Question put, “That the Clause stand at the time of its removal from the register shall part of the Bill."

continue to subsist in, on, or over the same not

withstanding such removal; but such land, The Committee divided :-Ayes 49; estates, charges, rights, interests, equities, and Noes 35: Majority 14.

powers shall, from and after such removal, be

held, enjoyed, exercised, transferred, transmitted, Clauses 81 to 104, inclusive, agreed to. dealt with, and disposed of in the same manner

and with the same incidents and effect in all Clause 105 (Office of land registry, respects as other unregistered land and similar and appointment and paymentof officers). estates, charges, rights, interests, equities, and

MR. ALFRED MARTEN moved, as powers in, on, or over such land. an Amendment, in page 31, line 15,

“ All the provisions in this Act contained as after “standing," insert “ the registrar tions upon or against any transfer of or other

to notices, cautions, inhibitions, or other restricshall hold his office during good beha- dealing with registered land shall, so far as the viour.”. He argued that as some of the same are applicable, extend to any removal of duties of the registrar would be of a land from the register; and no removal of any judicial character, he ought to hold his land from the register shall take place without office on the same terms as the Judges, scribed manner, of every person entitled to any

the previous consent, to be testified in the preand not as an ordinary civil servant. registered charge thereon." THE ATTORNEY GENERAL said,

The
power

of removal would encourage he could not accept the Amendment, which would be contrary to the general this power, a landowner could safely

registration, which was voluntary. With scope and purport of the Act, the intention of which was to place the registrar register, knowing that he could secure in the same position as Parliamentary well, and improved the marketable value

the advantage if registration worked counsel, Secretaries to the Treasury, and of registered land, and that he could, other officers of the kind, who no doubt, by the exercise of the power, at any in form, held office at pleasure, but prac- time obviate a contrary result.

Withtically during good behaviour.

out the power, many would not try the Amendment, by leave, withdrawn.

experiment. Conveyancing Counsel and Clause verbally amended, and agreed to. Solicitors would in many cases decline

Remaining clauses agreed to, with to advise their clients to adopt a regisAmendments.

tration, which was to be final in its

character, and the benefits of which On the Motion of Mr. ATTORNEY remained to be ascertained by expeGENERAL, the following new Clause rience. The clause had been, he said, agreed to, and added to the Bill :

approved by the hon. Member for East (Registry of land below high water mark.)

Sussex (Mr. Gregory). “If it appears to the registrar that any land MR. JACKSON expressed an opinion application for registration whereof is made to that without a provision of the kind the him comprises land below high water mark at Act would be a dead letter. The Act land unless and until he is satisfied that at least was entirely experimental, and prudent one month's notice in writing of the application solicitors would not put their clients' has been given to the Board of Trade ; and in property in a position from which, if the case of land in the county palatine of Lancaster, Act did not work well, it could not be also to the proper officer of the Duchy of Lan

withdrawn. caster; and in case of land in the counties of Cornwall or Devon, also to the proper officer of

MR. STAVELEY HILL could not the Duke of Cornwall; and in all other cases conceive anything more calculated to also to the Commissioners of Her Majesty's create confusion. Woods, Forests, and Land Revenues.”

THE ATTORNEY GENERAL said, MR. ALFRED MARTEN moved, he must remind hon. Members that the after Clause 59, to insert the following House of Lords, after full consideration, Clause:

had come to the conclusion that it was (Power to remove land from register.)

not desirable to give the power. No “Every registered proprietor of freehold or sufficient reason had been adduced in leasehold land may, in the prescribed manner, support of the clause. remove such land or any part thereof from the register.

Clause negatived. “ The removal shall be completed by the registrar entering on the register à minute

Bill reported, with Amendments; as thereof.

amended, to be considered upon Mon"All estates, charges, rights, interests, equities, day, and powers, subsisting in, on, or over any land

cated, however, and he should wish to CONSPIRACY, AND PROTECTION OF

have the opinion of the right hon. GenPROPERTY BILL.

tleman in the Chair upon the facts beCONSIDERATION OF LORDS' AMENDMENTS. fore the House.

MR. SPEAKER said, that no AmendLords' Amendments considered.

ment having been communicated to this Amendments, as far as Clause 6, page House by the House of Lords, this 3, agreed to.

House could not take notice of what Clause 8, page 3, line 23, leave out had not been communicated to it. from (“doing") to the end of the Clause, that it was clear that the gravest incon

SIR CHARLES W. DILKE observed and insert ("wrongfully and without legal authority,

venience might arise from an alteration * 1: Uses violence to or intimidates such other being made in a Bill under such circumperson or his wife or children, or injures his stances, and at the very close of the property; or,

Session. “2. Persistently follows such other person LORD JOHN MANNERS pointed out about from place to place; or,

that on form * 3. Hides any tools, clothes, or other property

occasions, when a similar owned or used by such other person, or deprives thing had occurred, the mistake had him of or hinders him in the use thereof; or, been once rectified by the officers of the

“4. Watches or besets the house or other other House, and the same course would, place where such other person resides or works or carries on business, or happens to be, or the

no doubt, be again followed in this approach to such house or place; or,

instance. * 5. Follows such other person with two or MR. SPEAKER said, he believed more other persons in a disorderly manner in or that the alteration in the printed Bill through any street or road,

had been accidental, and this House shall on conviction thereof by a court of summary jurisdiction, or on indictment as herein: could only deal with the Bill as it came after mentioned, be liable either to pay a penalty from the House of Lords. not exceeding twenty pounds, or to be imprisoned MR. LOWE who had given Notice of for a term not exceeding three months, with or his intention to move the omission of the without hard labour : Attending at or near the house or place clause in lieu thereof, said, that a clause

clause, and the substitution of a new where a person resides, or works, or carries on business, or happens to be, or the approach which had been much discussed in to such' house or place, in order merely to the House had come back in a new obtain or communicate information, and not with a view to intimidate or to deter by serious that it should not apply invidiously to

shape, but anxious as he had been annoyance such person from doing or abstaining from doing that which he has a legal right to do any portion of Her Majesty's subjects, or abstain from doing, shall not be deemed a he thought it extremely doubtful whether watching or besetting within the meaning of the clause, as it originally stood, was not this section) :"

better than the one sent down from the The next Amendment read a second Lords. He was surprised at this, betime.

cause it had been announced, with some

flourish of trumpets, that it was fortuMR. HOPWOOD said, that Clause 5 nate we had a House of Lords, which left the House with the words “of ser- took a calm view of these things. He vice or of hiring,” and it had been re- thought it was a matter of great rashturned by the Lords with “or” changed ness at that late period of the Session to into “and.” For that change there was have introduced two new offences into no trace of any Amendment having been the Bill, and there could be no doubt moved in the other House, and that but the change which had been made, if being so, he believed that, according to it remained unaltered, would give rise the practice of the House, they were to an enormous amount of litigation, entitled to adhere to the clause in the and to long and envenomed contests beform in which it left that House.

tween masters and men. For instance, MR. ASSHETON CROSS explained it was now stipulated that a person inthat the words had been altered by the fluencing another must, before becoming officers in the other House from no liable, do so "wrongfully.” The expolitical motive, but under the idea that traordinary result of that was, that a the alteration was necessary for the in- man might use violence or intimidate a tention and sense of the clause. The person, but he would not be guilty of an Amendment had not been communi- öffence unless he could be proved to have

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