HC Deb 08 August 1836 vol 35 cc992-5
Lord John Russell

, in moving that the Bill be read a third time, said that two of the gentlemen whose names had been inserted in the list of the Revising Barristers under the Bill had refused to accept the office. The gentlemen he alluded to were Mr. Rogers and Mr. Alexander, and he should have to propose as one of the amendments in the Bill after it was read a third time, that there be substituted in the place of the names of these gentlemen the names of Mr. Russell Gurney and Mr. Edward Winslow.

Bill read a third time.

Mr. Aglionby

said, he had a clause to propose by way of rider, the object of which was, to carry into effect the provisions of the Act 8th George 4th, commonly called "Davies's Act." which enacted that counsel, agents, and all others employed by candidates at elections, should not have the right of voting, and that their votes at such elections should be invalid. It was well known, that that Act was evaded, and that, where the contest was a keen one, the votes of these disqualified persons were given at the hustings, the parties trusting to the chances attendant on a petition to the House. The present clause proposed to subject such parties for voting under such circumstances to a penalty not less than 10l. and not exceeding 100l.

The Attorney-General

said, that such a clause was certainly required to carry into effect the provisions of Colonel Davies's Act.

The Earl of Lincoln

objected to the clause, as being irrelevant to the Bill, and as being brought forward without notice.

Lord John Russell moved that the names of Messrs. Gurney and Winslow should be inserted in the place of those of Messrs. Rogers and Alexander, who had declined to accept the situation of Revising Barristers.

The Earl of Lincoln

objected to the principle on which this Court of Revision was established. The nomination of the persons filling situations in it should not be placed in the hands of a political character like the Lord Chancellor. It was true, that on the present occasion the selection made by the noble Lord was, ac- cording to all he knew and heard, a most excellent one, but the noble Lord might have successors who might not imitate his example, and the appointments might degenerate into political and party jobs. It was much better under the present system, where the appointments were left in the hands of the judges.

Lord John Russell

felt confident that the new system would ultimately be found to be a great improvement on the existing one. It would ensure greater uniformity and accuracy in the decisions, whilst, by reducing the number of barristers who decided, it increased their responsibility. He thought it better to relieve the judges of the duty of making such appointments, as under the present system, whenever political bias or partiality was imputed to a Revising Barrister, the character of the judge who appointed him was generally involved in the imputation. He trusted, that the principle which had been followed in this instance in making the selection, of not choosing from one side or the other, but of choosing indifferently from both, and, above all, of choosing men who were known not to be violent, but moderate in their political opinions, would, now that it had been so fully approved of by Parliament, constitute a guide for those on whom hereafter the duty of filling up these situations would devolve.

Motion agreed to.

Mr. Praed

proposed, in Clause 64, that after the words "with any land," there should be inserted, for the purpose of securing the exemption of existing rights of voting from the disfranchising effect of the Clause, the following words:—"And whose name shall not, previously to the passing of this Act, have been inserted upon the registry of voters for any city or borough by reason of such occupation."

Mr. Warburton

opposed the amendment, the effect of which, would only be to render valid the decisions of some Revising Barristers, and to perpetuate what were called pigsty votes.

The House divided:—Ayes 22; Noes 72: Majority 50.

List of the AYES.
Alsager, Captain Eaton, R. J.
Ashley, Lord Fremantle Sir T.
Beckett, rt. hon. Sir J. Gladstone, W. E.
Bonham, R. F. Gore, O.
Borthwick, Peter Hamilton, G. A.
Brownrigg, S. Hindley, C.
Chandos, Marquess of Hoy, J. B.
Charlton, E. L. Jackson, Sergeant
Inglis, Sir R. H. Trevor, hon. A.
Lincoln, Earl of Wakley, T.
Palmer, G.
Price, R. TELLERS.
Richards, R. Praed, W. M.
Sibthorp, Colonel Ross, C.
List of the NOES.
Adam, Sir C. Lennard, T. B.
Aglionby, H. A. Lennox, Lord G.
Bagshaw J. Lynch, A. H.
Baines, E. Macnamara, Major
Barclay, D. Mangles, J.
Baring, F. T. Marjoribanks, S.
Bentinck, Lord W Methuen, P.
Bernal, R. Morpeth, Viscount
Bewes, T. O'Brien, C.
Biddulph, R. O'Ferrall, R. M.
Blake, M. J. O'Loghlen, M.
Blamire, W. Pelham, J. C.
Brabazon, Sir W. Potter, R.
Brady, D. C. Pryse, P.
Bridgeman, H. Robinson, G. R
Brotherton, J. Rolfe, Sir R. M.
Burton, H. Russell, Lord J.
Butler, hon. P. Ruthven, E.
Buxton, T. F. Seale, Colonel
Callaghan, D. Seymour, Lord
Chalmers, P. Stanley, E. J.
Clive, E. B. Steuart, R.
Codrington, Admiral Tancred, H. W.
Collier, J. Thomson, rt. hn. C. P.
Crawford, W. S. Thorneley, T.
Dalmeny, Lord Tracey, C. H.
Donkin, Sir R. Tynte, C. J. K.
Elphinstone, H. Villiers, C. P.
Ewart, W. Walker, C. A.
Fitzroy, Lord C. Whalley, Sir S.
Grey, Sir G. Wilde, Sergeant
Grote, G. Wilkes, I.
Hall, B. Williams, W.
Hawkins, J. H. Williams, W. A.
Hoskins, K. Wood, C.
Howick, Viscount TELLERS.
Labouchere, rt. hn. H. Attorney-General
Leader, J. T. Warburton, H.

On the question that the Bill do pass.

Mr. Praed

defended the present system of Revising Barristers, and contended, that with the salaries now annexed to the situation, they should have got more experienced men than some of the juniors on the list. The fact was, they would have got them, but that the situation precluded them from following their profession at the same time. The hon. Member concluded by expressing his determination to take the sense of the House on the passing of the Bill.

The Attorney-General

said, that he had not suggested a single name on the list, but believing, as he firmly did, that a better selection could not have been made, he was ready to take the whole responsibility on himself. He was sure that the future appointments could not be placed in better hands than in those of the Lord Chancellor.

The House divided:—Ayes 80; Noes 23: Majority 57.

List of the AYES.
Adam, Sir C. Leader, J. T.
Aglionby, H. A. Lennard, T. B.
Bagshaw, J. Lennox, Lord G.
Baines, E. Lynch, A. H.
Barclay, D. M'Namara, Major
Baring, F. T. Mangles, J.
Bentinck. Lord W. Marjoribanks, S.
Bernal, R. Methuen, P.
Bewes, T. Morpeth, Viscount
Biddulph, R. O'Brien, C.
Blake, M. J. O'Loghlen, M.
Blamire, W. Old, W.
Brabazon, Sir W. Pattison, J.
Brady, D. C. Pelham, J. C.
Bridgeman, H. Potter, R.
Brotherton, J. Pryse, P.
Brownrigg, S. Robinson, G. R.
Burton, H. Rolfe, Sir R. M.
Butler, hon. P. Russell Lord J.
Buxton, T. F. Ruthven, E.
Callaghan, D. Seale, Colonel
Campbell, Sir J. Seymour, Lord
Chalmers, P. Smith, R. V.
Clive, E. B. Stuart, Lord D.
Codrington, Admiral Tancred, H. W.
Collier, J. Thomson, rt. hn. C. P.
Crawford, W. S. Thornley, T.
Dalmeny, Lord Tracy, C. H.
Dennison, W. J. Tynte, C. J. K.
Donkin, Sir R. Villiers, C. P.
Elphinstone, H. Wakley, T.
Euston, Earl of Walker, C. A.
Ewart, W. Warburton, H.
Grey, Sir G. Wilde, Serjeant
Grote, G. Wilks, J.
Hall, B. Williams, W.
Hawes, B. Williams, W. A.
Hawkins, J. H. Wood, C.
Hindley, C.
Hoskins, K. TELLERS.
Howick, viscount Stanley, E. J.
Labouchere, rt. hn. H. Stuart, R.
List of the NOES.
Ashley, Lord Jones, T.
Beckett, rt. hn. Sir J. Lincoln, Earl of
Bonham, R. F. Lygon, hon. Colonel
Borthwick, P. Palmer, G.
Chandos, Marquess of Percival, Colonel
Charlton, E. L. Ross, C.
Cole, hon. A. H. Rushbrooke, Colonel
Eaton, R. J. Sandon, Viscount
Gladstone, W. E. Sibthorp, Colonel
Hamilton, G. A. Trevor, hon. A.
Hamilton, Lord C. TELLERS.
Jackson, Sergeant Fremantle, Sir T.
Inglis, Sir R. H. Praed, M.

Bill passed.

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