Page images
PDF
EPUB

HOUSE OF LORDS,

Tuesday, 10th August, 1875.

MINUTES.]-PUBLIC BILLS-Second ReadingLegal Practitioners (238); Consolidated Fund (Appropriation)*; Local Authorities Loans* (276); Sheriff Substitute (Scotland) * (281); Remission of Penalties* (275). Committee Report - National School Teachers (Ireland) (258); Unseaworthy Ships (265); Public Works (Loans) (266); National School Teachers Residences (Ireland) * (274).

PARLIAMENT-STANDING ORDERS. LORD REDESDALE moved

"That the Standing Orders relating to Private Bills be vacated for the purpose of rearranging and amending the same, and that the said Orders so re-arranged and amended be adopted."

The noble Lord said, that the object of the amended Standing Orders was to establish greater harmony between the proceedings of the two Houses of Parliament in respect of Private Bills, and also to effect certain improvements in respect of those proceedings.

On Question, agreed to.

there was probable cause for believing that the party chargeable therewith was about to quit England, or to become a bankrupt or a liquidating or compounding debtor, or to take any other steps or do any other act which, in the opinion of the Judge, would tend to defeat or delay such attorney or solicitor in obtaining payment. Clause 3 provided that the Bill should not extend to Scotland or Ireland.

Moved, "That the Bill be now read 2a." -(The Earl of Donoughmore.)

THE LORD CHANCELLOR was extremely glad to welcome his noble Friend in the ranks of the Law Reformers.

The Bill with which he had commenced was not a large one; but it was, nevertheless, likely to be useful so far as it went, as no doubt the present law sometimes operated with injustice. He (the Lord Chancellor) had, therefore, great pleasure in giving his support to the Bill.

Motion agreed to; Bill read 2a, and committed to a Committee of the Whole House To-morrow.

Ordered that the said Orders be UNSEAWORTHY SHIPS BILL-(No. 265.) printed. (No. 285.)

LEGAL PRACTITIONERS BILL.
(Viscount Hutchinson.)

(NO. 238.) SECOND READING. Order of the Day for the Second Reading, read.

THE EARL OF DONOUGHMORE, in moving that the Bill be now read the second time, explained that its object was to facilitate solicitors and attorneys in the recovery of their costs. The Bill consisted of only three clauses. The second of these made it lawful for any Judge of the Superior Courts of Law and Equity to authorize an attorney or solicitor to commence an action or suit for the recovery of his fees, charges, and also disbursements against the party chargeable therewith, or to refer his bill of fees, charges, and disbursements, and the demand of such attorney and solicitor thereupon, to be taxed and settled by the proper officer of the court in which such reference should be made, although one month should not have expired from the delivery of the bill of fees, charges, or disbursements, on proof to the satisfaction of said Judge that

(The Lord President.)

COMMITTEE. REPORT.

House in Committee (according to Order).

[ocr errors]

LORD DUNSANY called attention to the 4th sub-section of Clause 4, which required "the owner of every British ship to register from time to time the name of the " managing owner" of such ship, or if there were no managing owner, then of the person to whom the management of the ship was intrusted by and on behalf of the owner. The noble Lord said, that this provision might work with great hardship in the case of poor persons who were part owners of ships. The penalty for non-compliance with the provision was £500 for each time that the ship left any port in the United Kingdom after the 1st of November, 1875, without such registration. A ship trading between London and Newcastle might leave a port each week, and the fines inflicted on the owners for non-compliance with the clause might amount in one year to £26,000.

THE DUKE OF RICHMOND said, it was very important that there should be no ship sent to sea without the owners

being responsible, and if they omitted to register the managing owner it would not be a light offence.

THE LORD CHANCELLOR said, that this Bill when it became law was to be construed as one with the Merchant Shipping Act of 1854 and the Acts amending that statute, and it would put owners in no worse position as regarded the liability referred to by the noble Lord than that in which they stood at present. Of course, it would throw upon them the duty of putting forward some one as the person who was to be registered as the managing owner, or the person intrusted with the management of the ship; but, once that registration was effected, it would stand good so long as the same person remained in the position of managing owner manager of the ship. It was absolutely necessary to enforce registration by a penalty.

or

Bill reported without Amendment; Amendment made; and Bill to be read 3 To-morrow.

House adjourned at Six o'clock,'till
To-morrow, Two o'clock.

HOUSE OF LORDS, Wednesday, 11th August, 1875.

*

MINUTES.]- PUBLIC BILLS Committee Report Legal Practitioners* (238); Consolidated Fund (Appropriation) Local Authorities Loans (276); Sheriff Substitute (Scotland)* (281); Remission of Penalties * (275). Third Reading-National School Teachers (Ireland) * (258); Unseaworthy Ships (265); Public Works Loans (266); Sanitary Law (Dublin) Amendment (259); National School Teachers Residences (Ireland)* (274), and passed. Royal Assent-County Surveyors Superannuation (Ireland) [38 & 39 Vict. c. 56]; Public Works Loans (Money) [38 & 39 Vict. c. 58]; Pharmacy [38 & 39 Vict. c. 57]; Friendly Societies [38 & 39 Viet. c. 60]; Public Health [38 & 39 Vict. c. 55]; Public Records (Ireland) Act, 1867, Amendment [38 & 39 Vict. c. 59]; Statute Law Revision [38 & 39 Vict. c. 66]; Entail Amendment (Scotland) [38 & 39 Vict. c. 61]; Summary Prosecutions Appeals (Scotland) [38 & 39 Vict. c. 62]; Sale of Food and Drugs [38 & 39 Vict. c. 63]; Government Officers (Security) [38 & 39 Vict. c. 64]; Metropolitan Board of Works (Loans) 38 & 39 Vict. c. 65]; Department of Science and Art [38 & 39 Vict. c. 68]; Militia Laws

Consolidation and Amendment [38 & 39 Vict. c. 69]; Chimney Sweepers [38 & 39 Vict. c. 70]; Ecclesiastical Commissioners Act Amendment [38 & 39 Vict. c. 71]; Expiring Laws Continuance [38 & 39 Vict. c. 72]; East India Home Government (Appointments) [38 & 39 Vict. c. 73]; Public Health (Scotland) Act, 1867, Amendment [38 & 39 Vict. c. 74]; Contagious Diseases (Animals) Act, 1869, Amendment [38 & 39 Vict. c. 75]; Ecclesiastical Fees Redistribution [38 & 39 Vict. c. 76]; Lunatic Asylums (Ireland) [38 & 39 Vict. c. 67]; Supreme Court of Judicature Act (1873) Amendment (No. 2) [38 & 39 Vict. c. 77]; Local Government Board's Provisional Orders Confirmation (Leyton, &c.) [38 & 39 Vict. c. cxciii]; Traffic Regulation (Dublin) [38 & 39 Vict. c. cxcv]; Turnpike Acts Continuance [38 & 39 Vict. c. cxciv].

UNSEAWORTHY SHIPS BILL.
(The Lord President.)

(NO. 265.) THIRD READING. Bill read 3 (according to Order), with the Amendments.

THE DUKE OF RICHMOND moved

an Amendment in the 4th sub-section of Clause 4, the object of which was to apportion the penalty of £500 for nonregistration of managing owner among the owners of the ship in proportion to their shares in the ownership.

Amendment agreed to.

Bill passed, and sent to the Commons.

CONSPIRACY, AND PROTECTION OF PROPERTY BILL.

Commons Amendments to Lords Amendments considered (according to Order).

LORD DENMAN objected to one of the Commons Amendments, which took away the right of being tried by indictment at the Quarter Sessions, as contained in the 5th clause of the Bill, and urged that an appeal to the Quarter Sessions would answer every purpose, but only for cases under £20.

THE LORD CHANCELLOR said, his noble Friend misapprehended the object of the Amendment. The Bill, as it went down to the Commons, provided that a person breaking a contract involving injury to property might be liable to a penalty of £20 or upwards, with or without imprisonment. The original words were "not exceeding £20," and they were altered to " amounting to £20," no very important alteration.

Commons Amendments agreed to.

SANITARY LAW (DUBLIN) AMENDMENT BILL.-(No. 259.)

LORD REDESDALE said, the Bill would afford a remedy to the unfortunate Father O'Keeffe, whose house was besieged by persons against whom hitherto he had no remedy. He hoped advantage would be taken of its provisions in Mr. O'Keeffe's case.

LAND TITLES AND TRANSFER
BILL. [H.L.]

CONSIDERATION OF COMMONS AMEND-
MENTS.

Commons Amendments considered (according to Order).

LORD DENMAN congratulated the House and the country on the passing of the Bill. He alluded to Mr. Henry Drummond having introduced two Bills for facilitating the sale of land, neither of which was to have been compulsory. In speaking of the first in 1849, the hon. Gentleman said

"If the registration be voluntary, it gives the opportunity of feeling our way, of commencing with a few books, and a small office, and a moderate establishment of clerks, all of which can be enlarged as business increases."[3 Hansard, ciii. 329.]

On the other Bill, in 1853, the hon. Member said

"What I wish is to have a registration of titles, which is totally different from a registration of deeds, and allusion was made to a Bill which was supposed to have passed both Houses of Parliament, but stopped by a Dissolution. It was, indeed, stopped by a Dissolution, but had only gone through the House of Lords, and through a Committee of the House of Commons in 1739. At length, legislation was effected, and he wished that though voluntary it might be generally adopted."

THE LORD CHANCELLOR concurred with his noble Friend as to the advantages likely to result from the Bill. Any measure for the registration of land titles must be a voluntary measure, at all events for a time. Those who advocated a compulsory measure would do well to explain the form in which it could be made effective. No form had hitherto been proposed in which it could be made effective. With regard to the Amendments, he was bound to say that the House of Commons had dealt with great leniency with the Bill. The Amendments made by that House were few, and almost verbal, and he did not offer any objection to them.

Commons Amendments agreed to.

(The Lord President.)

THIRD READING.

Order of the Day for the Third Reading, read.

THE DUKE OF RICHMOND, in moving that the Bill be now read the third time, said, its object was to secure funds for the main drainage of Dublin in the event of the Corporation obtaining, by means of a Local and Personal Bill, enable them to avail themselves of its such powers as might be necessary to provisions.

Moved, "That the Bill be now read 3a." (The Lord President.)

Motion agreed to: Bill read 3a, and passed.

House adjourned at half past Three o'clock, till To-morrow, Twelve o'clock.

HOUSE OF COMMONS,

Wednesday, 11th August, 1875.

MINUTES.]-PUBLIC BILLS-Withdrawn-Increase of the Episcopate [110].

The House met at Two of the clock.

MERCHANT SHIPPING ACTS, 1871 AND

1873-PROSECUTIONS FOR UNSEA

WORTHY SHIPS.-QUESTION.

MR. E. J. REED (for Mr. PLIMSOLL) asked the President of the Board of Trade, If he would explain to the House how it comes to pass that whereas 515 ships had been found to be unseaworthy on survey by Board of Trade officers, and 28 of them were found to be so bad that they were ordered to be broken up, that there were not more prosecutions for sending unseaworthy ships to sea under section 11 of the Merchant Shipping Acts, 1871 and 1873, than two in Ireland; and, whether he intends in future to put that salutary Act into more vigorous use?

SIR CHARLES ADDERLEY: Sir, the Question incorrectly assumes that there were not more than two prosecu

tions under the 11th section of the Act | next twelve months, he will endeavour, of 1871. With reference to the 515 through the Foreign Office, to induce cases mentioned, the chief reason why Norway, Sweden, Denmark, Russia, and more prosecutions have not been made other exporting countries to prevent the is, that the section only provides for cases loading of ships with deck cargoes? in which the owner or others actually send a ship to sea in an unseaworthy state. The Board of Trade have, under the 12th section of the Act of 1873, stopped ships from going to sea, thereby intercepting the offence which would come under the 11th section of the Act of 1871. There was a clause in the dropped Merchant Shipping Bill which has been passed in the Unseaworthy Ships Bill, elaborated and improved by the hon. and learned Member for Durham (Mr. Herschell), by which the Board of Trade will be empowered to proceed against persons who attempt to send or take unseaworthy ships to sea. That, with improved legal machinery, will probably make the law much more effective in future.

[blocks in formation]

SIR CHARLES ADDERLEY: Sir, assuming it to be possible, which it probably is not, for the Governments of the countries referred to to legislate between this time and next winter, it would scarcely become this Government to suggest to them the legislation they should adopt. The suggestion of such legislation, if confined to British ships, would in effect be to ask those countries to impose on British shipping restrictions which they do not impose on their own. If not so confined, it would amount to an interference with the municipal law of those countries which could scarcely be justified. I, however, hope and believe foreign countries are taking steps in co-operation with this country for security against the improper loading of ships.

IRELAND-INTERMEDIATE EDUCATION - MODEL SCHOOLS.-QUESTION.

MR. WARD asked the Chief Secretary for Ireland, Whether, having regard to the Report of the Royal Commission in 1870 on Primary Education in Ireland, that "the Model Schools have failed to accomplish the objects of their institution, and that the cost of their further maintenance is not justified by the result produced," and their recommendation that the existing provincial Model Schools "should be gradually discontinued," Her Majesty's Governmendations of the Commission; and, ment will give legal effect to the recomwhether they will consider the advisability of applying the money now expended on the Model School system to the development of Intermediate Education in Ireland?

SIR MICHAEL HICKS-BEACH, in reply, said, no doubt, before the Government could propose any scheme in reference to intermediate education, it would be necessary to consider the position of the model schools. The Government would pay every possible attention to the recommendations which had been made by the Commissioners, but it was not the intention of the Government to give effect to them. He would add that the model schools were considered to be

of great importance in certain parts of Ireland, where they did, to a great extent, what was necessary for the purposes of secondary education.

MR. WARD gave Notice that he would next Session draw attention to the Report of the Commissioners, in reference to intermediate education in Ireland.

RAILWAY TRAINS-COMMUNICATION BETWEEN PASSENGERS AND

GUARDS.-QUESTION.

POST OFFICE-THE TREASURY COM-
MISSION ON THE TELEGRAPHS.

QUESTION.

MR. E. J. REED asked the Postmaster General, If he will lay upon the Table of the House, Copies of the Documents sent in by Mr. Scudamore to the Treasury Committee on Telegraphs; and, whether Mr. Scudamore will be authorized to offer observations the Reupon port of the Treasury Committee, and if such observations will be laid upon the Table of the House?

LORD JOHN MANNERS, in reply, said, the Report was made to the Treasury, and that he had no control over and documents sent in by the Committee. As to the second part of the Question, he had no doubt that any observations which Mr. Scudamore might offer upon that Report would be duly considered by the Treasury. He was unable, at present, to state whether the Paper could be laid on the Table of the House.

NAVY-REPORTED DISORDERS ON
BOARD H.M.S. "TRIUMPH."

QUESTION.

MR. E. J. REED asked the First Lord of the Admiralty, If he will inform the House what grounds exist for the statement that disorders had recently occurred on board Her Majesty's ship "Triumph ?"

MR. H. B. SHERIDAN asked the President of the Board of Trade, Whether it is the intention of the Board of Trade to insist upon Railway Companies complying with the Act of Parliament which requires "That an efficient means of communication shall be established between the passengers and guards of certain Railway trains; " whether, with a view to this result, the Board of Trade will fix a time at the expiration of which they will cause proceedings to be taken for the recovery of penalties under the Act against such Companies as have not by that time established "an efficient means of communication;" and, whether, as to certain trains, there is not a penalty incurred by Railway Companies for every compartment of every carriage where there is no communication, or where such communication is inefficient? SIR CHARLES ADDERLEY: Sir, the Board of Trade has no power to initiate any system of communication between passengers and guards in railway trains; and, although only three of the companies have had their systems of communication approved by the Board of Trade, it is not my intention, at present, to institute any proceedings against such companies as have not complied with the provisions of the Regulation of Railways Act, 1868, in this respect. The reason for this is that the whole question is now being considered by the Royal Commission on Railway Accidents, under the presidency of the Duke of Buckingham, whose Report will, I hope, shortly be made; and any recommendations they may make on the subject shall have my anxious and im- LANDED ESTATES COURT (IRELAND). mediate attention. The last paragraph of the hon. Gentleman's Question is one upon which I am unable to offer an opinion, and must be decided by a Court of Law.

MR. HUNT, in reply, said, that the reports which appeared in some of the newspapers during the last few days with regard to the Triumph were scandalous fabrications. There was a slight substratum-very slight-for the report. Some of the dockyard police had, on one or two occasions, missiles-such as wedges of wood or bits of rope-thrown at them from the topgallant forecastle, and it had been ordered to be cleared. There had been an inquiry, and it was found there was no existence of bad feeling amongst the crew of the ship against

the commander.

QUESTION.

MR. KAVANAGH asked the Chief Secretary for Ireland, Whether, having regard to the representations addressed

« PreviousContinue »