HC Deb 22 June 1855 vol 139 cc68-9

Order for Committee read; House in Committee.

Clauses 1 to 3 agreed to.

Clause 4. (Power to detain foreign ships for claim under Bill of Lading on Charter).

MR. BOUVERIE

said, he objected to the clause, which was contrary to all the principles of the Common Law of England. There was no machinery at present in existence under which the right of attaching ships could be worked. He had received a communication from Liverpool, stating that the Liverpool Shipowners' Association were desirous that this clause should not pass, unless some better reason could be given for it than had heretofore been brought forward.

MR. CAIRNS

said, he thought that the principle of the clause had been decided upon when the Bill itself was discussed. The principle of attachment was by no means new to the law. It existed by the custom of London, of Bristol, and of Dublin, and it also prevailed throughout Liverpool. The objection of the Liverpool Association to this clause went, as he believed, only to the extent of its interference with British shipowners.

MR. THORNELY

said, he strongly objected to this clause, and indeed, to the principle of the measure generally.

MR. HENLEY

said, he thought that the clause involved consequences which its framers could hardly approve of. There was no limit to the time during which a ship might he detained, and no provision was inserted requiring the claim under which a ship was detained to be adjudicated. He thought, too, that some difficulty might arise under those treaties which bound this country to place the ships of some foreign states in the same position and under the same regulations as our own vessels.

MR. CAIRNS

said, he must admit that it was desirable that there should be some provision requiring the claims of those detaining a ship to be put in a train for adjudication. That, however, was a matter which could be arranged in the subsequent part of the Bill.

Question put, "That Clause 4 stand part of the Bill."

The Committee divided:—Ayes 49; Noes 66: Majority 17.

Clauses 5 to 9 negatived.

Clause 10 agreed to.

The House resumed; Bill reported; as amended, to be considered on Monday next.

The House adjourned at Two o'clock till Monday next.