HC Deb 03 August 1840 vol 55 cc1215-6
Dr. Nicholl

moved the Order of the Day for the further consideration of the report of the Church Discipline Bill.

Mr. Warburton

expressed a hope that the hon. and learned Gentleman would give up the bill for the present Session, for it was now too late for parties interested to make known their objections to it.

Dr. Nicholl

said, that that objection had been made on a former evening, and had been disposed of on a division by a majority of about two to one. He hoped, therefore, the hon. Member would not press it.

House in Committee.

On Clause 5 Mr. Warburton proposed that a copy of the depositions and opinion should be transmitted to the party complained of.

Dr. Nicholl

had no objection when the case came to a hearing to give the party accused a copy of the depositions on the usual terms.

The Attorney General

recommended his learned Friend to adopt the amendment. In all proceedings, although there might be an acquittal, the party accused had a right to a copy of the depositions.

Dr. Nicholl

said, such was not the case before the grand jury.

The Attorney General

did not think that a parallel case. No object could be gained by refusing a copy of the depositions. The party might attend by himself or his agent, cross-examine the witnesses, and take down an account of everything sworn against him. The amendment would give an authentic instead of a garbled account. He hoped the bill would pass. It was paying a small price for a very great boon. He trusted also that before next Session the 340 courts would be consolidated, their jurisdiction curtailed, and rendered more suitable to the present temper of the times.

The Committee divided on the question that the clause as originally framed stand part of the bill:—Ayes 20; Noes 43:—Majority 23.

List of the AYES.
Acland, T. D. Neeld, J.
Archdall, M. Norreys, Lord
Ashley, Lord Perceval, Colonel
Boldero, H. G. Pusey, P.
Broadley, H. Richards, R.
East, J. B. Sandon, Viscount
Estcourt, T. Somerset, Lord G.
Fremantle, Sir T. Teignmouth, Lord
Hamilton, Lord C.
Heathcote, G. J. TELLERS.
Herbert, hon. S. Kemble, H.
Irton, S. Nicholl, J.
List of the NOES.
Baines, E. Lushington, C.
Baring, rt. hn. F. T. Lushington, rt. hn. S.
Barnard, E. G. Morpeth, Viscount
Briscoe, J. I. Morris, D.
Brocklehurst, J. Muntz, G. F.
Brotherton, J. Muskett, G. A.
Bryan, G. Paget, F.
Callaghan, D. Palmerston, Viscount
Campbell, Sir J. Pattison, J.
Courtenay, P. Protheroe, E.
Divett, E. Roche, W.
Euston, Earl of Russell, Lord J.
Evans, Sir De L. Sheil, rt. hon. R. L.
Fitzroy, Lord C. Smith, R. V.
Gordon, R. Stanley, hon. E. J.
Grattan, J. Stock, Dr.
Harcourt, G. G. Style, Sir C.
Hawes, B. Thornley, T.
Hector, C. J. Vigors, N. A.
Hobhouse, T. B. Yates, J. A.
Hoskins, K. TELLERS.
Hume, J. Ewart, J.
Hutton, R. Warburton, H.

Clause amended and agreed to.

House resumed. Bill to be reported.

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