HC Deb 24 July 1838 vol 44 cc581-2
The Attorney-General

moved the third reading of the Registration of Electors Bill. Bill read a third time. The hon. and learned Gentleman then said, he had framed a clause, with respect to the admeasurement of distances, which he had communicated to the hon. Member for Aylesbury, who thought it was one in which both sides of the House would concur. Lord Ellenborough and the Court of King's Bench had decided, that the distance should be measured by the nearest road, and this House had done the same. There were three legislative enactments and two judicial decisions recognizing the propriety of the mode of admeasurement by the nearest road, by land or water. There were many difficulties and inconveniences attending the mode of admeasurement by a mathematical line or crow's flight, all of which would be obviated by the addition of the clause which he proposed to introduce, It would also remove all doubt and uncertainty about the state of the law, and put an end to conflicting decisions. The hon. and learned Gentleman concluded by moving the addition of a clause to the effect, that in all cases in which it shall be necessary to compute the distance of seven miles from the borough to the voter's residence, such computation, shall be made by the nearest road, by land or water.

Colonel Sibthorp

opposed the clause. The mode of admeasurement by the crow's flight or mathematical line was preferable, and was that which should be adopted, and such was the decision of the present Baron Foster, of the Irish bench, and also the opinion of Mr. Thesiger, which he considered quite equal to that of the hon. and learned Gentleman opposite, or of any other Member of the profession. He would move the insertion of a clause in accordance with this view.

The House divided on the clause. Ayes 50; Noes 18.—Majority 32.

List of the AYES.
Adam, Admiral James, W.
Aglionby, H. A. Jervis, S.
Ball, right hon. N. Labouchere, H.
Bannerman, A. Lefevre, C. S.
Barnard, E. G. Lushington, Dr.
Blake, W. J. Maule, hon. F.
Bridgemau, H. Morris, D.
Briscoe, J. I. Parker, J.
Brodie, W. B. Parnell, Sir H.
Brotherton, J. Pechell, Captain
Bruges, W. H. L. Phillpotts, J.
Clayton, Sir W. R. Power, J.
Crawley, S. Rickford, W.
Crompton, Sir S. Russell, Lord J.
Curry, W. Stock, Dr.
Ferguson, R. A. Style, Sir C.
Finch, F. Thornely, T.
Hall, Sir B. Townley, R. G.
Hayter, W. G. Troubridge, Sir E.
Heathcoat, J. Turner, E.
Hector, C. J. Vigors, N. A.
Hobhouse, Sir J. Warburton, H.
Hobhouse, T. B. Yates, J. A.
Hodges, T. L. TELLERS.
Howick, Viscount Campbell, Sir J.
Hume, J. Wood, C.
List of the NOES.
Blennerhassett, A. Lockhart, A.
Coote, Sir C. H. Lucas, E.
Darby, G. Palmer, G.
Estcourt, T. Trench, Sir F.
Goulburn, H. Vere, Sir G. B.
Grant, F. W. Vernor, Colonel
Herries, J. C. Wood, T.
Holmes, W.
Hope, hon. C. TELLERS.
Hope, G. W. Round, J.
Kemble, H. Sibthorpe, Colonel

Bill passed.

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