HC Deb 08 May 1840 vol 53 cc1326-7

On the question, that 98,000l. be granted to defray certain charges heretofore paid out of the County-rate,

Mr. Hume

opposed the vote, on the ground that the expenses of prosecutions ought to be borne by the counties, and ought not to be thrown upon the country at large. He had opposed the vote for three years, and he would oppose it as often as it was brought forward. It was shameful truckling on the part of the Government to the country gentlemen, to relieve the land of this burthen. He believed that the country gentlemen would get rid of every burthen if they could, and before long would throw the expense of the highways upon the Consolidated Fund. He would take the sense of the Committee on the vote.

The Chancellor of the Exchequer

supported the vote, and said, that the principle of it had been recommended by a committee. It was not a relief to the landed interests only, but to the country generally.

Mr. Wakley

observed, that this expense was increasing every year. He should not object to that increase, if the expenditure were properly applied; but he did not think that prosecutions would be well conducted until there was a public prosecutor.

The Attorney General

wished to allude to the suggestion of the hon. Member for Finsbury, with respect to a public prosecutor. He acknowledged that a great improvement would be effected in the administration of justice in the country, by the establishment of such an officer; but, at the same time, as he had frequently turned the subject in his mind, he would tell the hon. Gentleman why he refrained from proposing anything of the kind to Parliament. His not having done so arose from his apprehension of the great expenditure which he felt would follow from the establishment of the officer in question. They must, in that case, have a public prosecutor in every county, in every city and borough of England, and in every Court of Quarter Sessions. That was one of his reasons for not making the proposal in question. Another objection to it was, the great amount of patronage which it would bestow upon the Crown, and which patronage would, he believed, be attended with great inconvenience and embarrassment. He had been deterred by these reasons from bringing forward a measure which would otherwise be a great improvement in the administration of justice in the country.

The Committee divided. — Ayes 84; Noes 15: Majority 69.

List of the AYES.
Adam, Admiral Knight, H. G.
Aglionby, H. A. Langdale, hon. C.
Aglionby, Major Macaulay, rt. hon. T. B.
Bailey, J. jun. Mackenzie, T.
Baring, rt. hon. F. T. Mackinnon, W. A.
Baring, hon. W. B. Marsland, H.
Beamish, F. B. Marsland, T.
Berkeley, hon. C. Maule, hon. F.
Blair, J. Melgund, Lord
Blake, M. J. Morpeth, Visct.
Bodkin, J. J. Morris, D.
Broadley, H. Muntz, G. F.
Brocklehurst, J. O'Brien, C.
Bruce, C. L. C. O'Brien, W. S.
Bruges, W. H. L. O'Ferrall, R. M.
Buller, E. Parnell, rt. hn. Sir H.
Campbell, Sir J. Patten, W. J.
Canning, rt. hn. Sir S. Pease, J.
Chester, H. Pechell, Capt.
Clay, W. Pigot, D. R.
Clerk, Sir G. Ponsonby, C. F. A. C.
Cripps, J. Price, Sir R.
Darby, G. Pryme, G.
Douglas, Sir C. E. Rice, E. R.
Dundas, D. Roche, W.
Eastnor, Vise. Round, C. G.
Egerton, W. T. Rumbold, C.
Elliot, hon. J. E. Rundle, J.
Finch, F. Rushout, G.
Fremantle, Sir T. Rutherfurd, rt. hn. A.
Godson, R. Sandon, Vise.
Gordon, R. Sinclair, Sir. G.
Goulburn, rt. hn. H. Smith, R. V.
Grey, rt. hon. Sir G. Somerset, Lord G.
Handley, C. Stanley, hon. E. J.
Hobhouse, rt. hn. Sir J. Steuart, R.
Hobhouse, T. B. Welby, G. E.
Hodgson, E. Wood, G. W.
Johnson, General Worsley, Lord
Johnstone, H. Wyndham, W.
Jones, J. Yates, J. A.
Kemble, H. TELLERS.
Knatchbull, rt. hon. Sir E. Parker, J.
Tufnell, H.
List of the NOES.
Baines, E. Brotherton, J.
Gisborne, T. Warburton, H.
Hawes, H. White, A.
Horsman, E. White, L.
Philips, M. Williams, W.
Salwey, Colonel Wood, B.
Style, Sir C. TELLERS.
Vigors, N. A. Hume, J.
Wallace, R. Wakley, T.

Vote agreed to.