HC Deb 22 May 1856 vol 142 cc574-6

Order for Committee read.

Motion made, and Question proposed, "That Mr. Speaker do now leave the chair."

MR. HADFIELD

said, he objected to the Bill, inasmuch as by a side-wind it seemed to weaken the restrictions established by the Statutes of Mortmain. Besides, he considered it of too much importance to be taken into consideration at that late hour. He should move that the further consideration be postponed for a month.

Amendment proposed, to leave out from the word "That" to the end of the Question, in order to add the words "this House will, upon this day month, resolve itself into the said Committee," instead thereof.

Question proposed, "That the words proposed to be left out stand part of the Question."

MR. ROBERT PHILLIMORE

said, he trusted that his hon. Friend would not press his Motion, but allow the House to go into Committee.

THE MARQUESS OF BLANDFORD

said, he would remind the House that the Bill had been considered by a Select Committee; it was therefore not a raw and crude measure, but one which had already been well-digested. If the House did not pass it forward a stage to-night, it might be thrown over for another Session.

Amendment, by leave, withdrawn.

Main Question put, and agreed to; House in Committee.

Clause 1 agreed to.

Clause 2 (A district containing a church shall become a new parish on being constituted a separate district by Order in Council).

SIR WILLIAM CLAY

said, he would beg to ask the noble Marquess whether this clause, in constituting separate parishes, would have the effect of conferring on those parishes the right of levying church rates?

THE MARQUESS OF BLANDFORD

said, he could state positively that that would not be the effect of the clause. The parishes constituted would to all intents and purposes resemble those formed by Sir Robert Peel's Act, under which, as was known, no church rate could be levied.

Clause agreed to, as was also Clause 3.

Clause 4 (The provisions of the 6 & 7 Vict. c. 37, sec. 22, shall apply to Ecclesiastical and Collegiate Corporations).

MR. HADFIELD

said, he wished to propose the following proviso:— Provided that all gifts and grants thereby authorised shall be made under and subject to the stipulations and restraints of the Act 2 Geo. II., c. 39. He was not prepared to maintain that a Mortmain Act was required at all, but that Act ought either to be entirely repealed or not at all. There ought not, with regard to bequests of property for ecclesiastical purposes, to be one law for one class and a different law for another class, as would be the effect of this clause. All ought to be treated alike, and he would, therefore, propose to limit the operation of the clause in the manner indicated in his proviso.

THE MARQUESS OF BLANDFORD

said, he must oppose the Amendment, because he considered that the clause introduced no new power, but merely extended a principle which had been long in existence.

MR. GLADSTONE

said, he also must oppose the Amendment, on the ground that the clause gave no power of throwing into mortmain property which was not already in mortmain.

Amendment withdrawn; Clause agreed to; as was also Clause 5.

House resumed: Committee report progress.

The House adjourned at a quarter after One o'clock.