HC Deb 10 June 1863 vol 171 cc687-8

Bill considered in Committee.

(In the Committee.)

Clause 7 (Toll Houses, &c. to be removed, with option to Parishes to purchase Pumps, &c.).

Amendment proposed, in page 5, line 10, to leave out from the word "Bars" to the word "Commissioners" in line 11, inclusive.—(Mr. Cox.)

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

The Committee divided:—Ayes 54; Noes 11: Majority 43.


said, it was only consistent with equity that the money raised by the Commissioners from tolls on that portion of the roads which were to be handed over to the parishes should be expended upon those roads; but there was nothing in the Bill as it stood to compel the Commissioners to do that. He would therefore move the following additional clause:— Whereas the parish highways are now in a good state of repair; therefore, they shall, until the 1st day of July 1864, be kept in repair by the Commissioners, and be by them delivered up to the several parishes in the like and as good state of repair and condition as they are now in, the same to be metalled with the same or like materials as now—that is to say, with paving where paving is now used, with granite where granite is now used, with flint where flint is now used, with gravel where gravel is now used, and so on.


said, he would support the clause, which he thought a very fair one.

Clause brought up, and read 1o.


said, that on the part of the promoters of the Bill, he must strenuously resist the clause. The proposal it contained was quite unprecedented, and he believed would be a fertile source of litigation. It was the intention of the Commissioners to keep the roads in a good state of repair until they were given over to the parishes.


said, that parishes were really entitled to what the hon. Member for Marylebone proposed. They were undertaking great burdens in connection with the roads, and the claim made was equitable.


said, the clause would form a bad precedent. Every year there were extinguishing trusts, but no such clause as this was inserted in the Bills. He objected to placing on the Commissioners a prospective liability which ought not to rest upon them.


said, he did not want to impose any liability, upon the Commissioners, but that they should be bound to apply the funds they collected in the repair of the roads.


suggested that the clause should be withdrawn, and brought up again on the Report, Amended so as to limit the liability of the Commissioners to the amount of the tolls received by them.

Motion made, and Question put, "That the said Clause be now read a second time."

The Committee divided:—Ayes 12; Noes 41: Majority 29.

House resumed.

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

House adjourned at ten minutes before Six o'clock.