HC Deb 05 April 1841 vol 57 cc930-3

The Attorney-General moved the Order of the Day for going into Committee on the Criminal Justice in Boroughs Bill.

Mr. Boiling moved, that the House adjourn.

Mr. Fox Maule

hoped the House would not agree to the motion of the hon. Gentleman. The great manufacturing towns of the kingdom were greatly interested in the passing of the bill, and he would ask whether the hon. Member was disposed to stand in the way of a measure of such great importance.

Sir Charles Douglas

said, that many Members were not aware, that the bill would come on that evening. The noble Lord opposite had said, that on Friday, or Monday he would inform the House whether the bill was to be proceeded with before Easter. On Friday, the noble Lord gave no such intimation, and he apprehended, that the noble Lord had given no such intimation in the earlier part of that evening.

The Attorney-General

said, that if he had reason to believe, that hon. Members were absent on the supposition, that the bill would not be taken up that evening, he would not persevere with it, but declared his conviction, that no hon. Members were absent under that apprehension, (t was certain, that many hon. Members had been waiting impatiently hour by hour the whole evening in expectation of the committee on the bill. He could see no reason for postponement. The bill was of the last importance to the great boroughs, in which the administration of criminal justice was almost paralysed.

The House divided on the question, that the House do now adjourn:—Ayes 10; Noes 44: Majority 34.

List of the AYES.
Buller, Sir J. Y. Parker, R. T.
Courtenay, P Rushbrooke, Colonel
Egerton, W. T. Sandon, Viscount
Fielden, J.
Gaskell, J. Milnes TELLERS.
Gladstone, J. N. Boiling, T.
Inglis, Sir R. H. Douglas, Sir C.
List of the NOES.
Aglionby, H. A. Morpeth, Viscount
Ainsworth, P. Morris, D.
Bannerman, A. Muntz, G. F.
Bernal, R. Muskett, G. A.
Blake, W. J. Paget, Lord A.
Broadley, H. Parker, J.
Brotherton, J. Patten, J. W.
Bruges, W. H. L. Philips, M.
Chalmers, P. Pigot, rt. hon. D.
Clay, W. Rutherfurd, rt. hn. A.
Dennistoun, J. Salwey, Colonel
Gordon, R. Scholefield, J.
Grey, rt. hn. Sir C. Stanley, hon. E. J.
Hastie, A. Style, Sir C.
Hobhouse, rt. hn. Sir J. Thornely, T.
Hollond, R. Troubridge, Sir E. T.
Howard, hn. E. G. G. Tufnell, H.
Howard, P. H. Warburton, H.
Hume, J. Wood, B.
James, W. Yates, J. A.
Kemble, H.
Labouchere, rt. hn. H. TELLERS.
Macaulay, rt. hn. T. B. Maule, hon. F.
Marshall, W. Campbell, Sir J.

The original question, that the House do now go into Committee was then put.

Mr. Boiling

again stated his objections to proceeding with the bill at that late hour. He did not wish to place himself in opposition to the general feeling of the House, but he was strongly impressed with the conviction that the measure was of far too important a character to be hurried through at that time of night and in so thin a House.

House in Committee.

On the first clause being read, Mr. Ludlow Bruges proposed, in line 23, after the word "aforesaid," to insert the following:— And also any sum of money not exceeding the amount of any principal sum which previously to the passing of this act shall have been raised for any of the purposes aforesaid, and which shall be outstanding on security at the time of the passing of this act, and therewith to pay off and discharge the whole, or any part of the money for which such security shall have been given; provided, that every sum of money to be raised for the discharge of such outstanding loans and securities, shall be raised and borrowed on such terms and conditions as shall in no respect prevent or delay the repayment thereof within the time prescribed by this act, such time to be computed from the date of such outstanding securities respectively.

Amendment adopted, and clause, as amended, agreed to.

Upon clause 2 being read,

Mr. Ludlow Bruges

proposed, in line 13, after the word "rates," to insert the following:— And every such security shall be registered by the clerk of the peace, or some other officer of such borough, appointed for such purpose, in a book to be kept by him for registering such securities; and it shall and may be lawful for every person who shall be entitled to the money so to be secured, and such person, his executors and administrators, is and are hereby empowered (by endorsing his, her, or their name or names on the back of such security) to transfer the same, and his, her, or their right, to the principal money and interest thereby secured, unto any other person; and every such assignee may in like manner transfer the same again, and so from time to time, as circumstances may require, and the person to whom such security or any assignment thereof shall be made, and his executors, administrators, and assigns, shall be creditors upon the said borough fund or rate, or gaol rates, in an equal degree one with another and the said mayor, alderman, and burgesses, by their counsel, shall direct in what order such securities shall be discharged, by drawing lots or otherwise, as they shall see fit, subject nevertheless to the discharge in the first place of all such securities as shall bear the highest rate of interest.

Amendment adopted, and clause, as amended, agreed to.

Remaining clauses agreed to.

Mr. Wilson Patten

proposed to introduce two clauses; one confirming the charter of Manchester, about which great expenses had been incurred in legal proceedings, the other indemnifying officers, and placing them on the same footing as that in which similar officers in corporate towns stood prior to the passing of the 5th and 6th William 4th.

On the first clause being brought up,

Mr. Mark Philips

declared himself decidedly opposed to it. He objected to it as being bad in principle. The object of it was to place upon the people of Manchester the whole burden of the expense incurred by the vexatious opposition offered by a small body to the general wish and feeling of the town.

Mr. Courtenay

hoped the Mouse would adopt the principle of compensation.

Mr. Munlz moved, that the town of Birmingham should be added to the clause.

Mr. Hume

objected to the principle of the clause.

The Attorney-General

suggested, that the clauses should be printed and moved on the bringing up of the report.

Mr. W. Patten

had no objection that Birmingham and Devonport also should be included in the clause. He thought the committee had better report progress and ask leave to sit again: the clauses might be considered in committee, when there would be more opportunity for discussion than on bringing up the report. The hon. Member concluded by moving; that the Chairman do report progress.

House resumed.

The Chairman reported progress, and obtained leave to sit again.