HC Deb 13 July 1883 vol 281 cc1463-4

Bill considered in Committee.

(In the Committee.)

Clause 1.

MR. TOMLINSON moved, in page 1, line 15, to leave out the words "and what were the terms thereof." What he wanted to secure by this Amendment was that where a person sought to establish an agreement against another person, he should be prepared to put its terms into writing, and should not be enabled to spell out what the agreement was from the oath of the other party.

Amendment proposed, in page 1, line 15, to leave out the words "and what were the terms thereof."—(Mr. Tomlinson.)

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


said, the reason for the retention of the words was that, unless they were left in, this might happen—that where an action was brought by the executors of a deceased person, they might put the defendant on oath and make him show what the contract with the deceased person was. No action could be brought under the Bill upon any contract except against a man who admitted that the contract was made.


said, he thought it was a very doubtful policy to allow agreements to be proved in that way, where no actual writing existed.

Question put.

The Committee divided:—Ayes 68; Noes 4: Majority 64.—(Div. List, No. 203.)

Clause agreed to.

Remaining Clauses agreed to.

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

House adjourned at a quarter past One o'clock, till Monday next.