HC Deb 20 May 1887 vol 315 cc815-8

(Sir Albert Rollit, Sir Bernhard Samuelson, Mr. Howard Vincent, Sir John Lubbock, Mr. Coddington, Mr. Lawson.)

COMMITTEE. [Progress 13th May.]

Bill considered in Committee.

(In the Committee.)

Clause 1 (Short title) agreed to.

Clause 2 (Extent of Act).

MR. MAURICE HEALY (Cork)

So far as I can judge this is an admirable Bill; but I cannot see why its promoters should wish to restrict its application to England. I see no reason whatever why it should not apply to Ireland, and, therefore, I beg to move the omission of the words "or Ireland."

Amendment proposed, line 11, to leave out the words "or Ireland."—(Mr. Maurice Healy.)

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

SIR ALBERT ROLLIT (Islington, S.)

I welcome that Amendment.

Question put, and agreed to.

Clause, as amended, agreed to.

Clause 3 (Commencement of Act) agreed to.

Clause 4 struck out.

Clause 5 (Avoidance of unregistered deeds of arrangement).

MR. CHANCE (Kilkenny, S.)

In line 21 I move the second of my Amendments, to omit the word "immediately."

THE CHAIRMAN

The hon. Member has no Amendment on the Paper.

MR. CHANCE

But I move it, Sir It is an Amendment I understand the promoters agree to, substituting the "words within a week after the execution thereof" for the word "immediately."

Amendment proposed, to omit the word "immediately," and insert the words "within one week."—(Mr. Chance.)

Amendment agreed to.

Clause, as amended, agreed to.

Clause 6 (Mode of registration).

On the Motion of The SOLICITOR GENERAL (Sir Edward Clarke), Amendment made, in page 2, line 29, after "affidavit," by leaving out "of" and inserting "verifying."

Clause, as amended, agreed to.

Clause 7 (Form of register) agreed to.

Clause 8 (The registrar, and the office for registration).

On the Motion of The SOLICITOR GENERAL, Amendment made, in page 3, line 6, by leaving out "attached to the Queen's Bench Division of the High Court of Justice."

On the Motion of Mr. CHANCE, Amendment made, in line 7, after "shall" by inserting "and the Registrar of Bills of Sale in Ireland shall."

Amendment proposed, In line 11, after the words "in England shall," insert "and the Bill of Sale officer in the Queen's Bench Division of the High Court of Justice in Ireland shall."—(Mr. Chance.)

Question proposed, "That those words be there inserted."

THE SOLICITOR GENERAL (Sir EDWARD CLARKE) (Plymouth)

Before this Amendment is adopted and further progress made, I should like to have it clearly stated whether these Amendments have been agreed to by the Attorneys General for England and Ireland. So far as I am aware, no such agreement has been come to. I am not in a position to say how far these Amendments are consequential upon the extension of the Bill to Ireland; but if they have been agreed upon I make no further objection. But, at the same time, I think that opportunity should be given that their full effect may be considered.

SIR ALBERT ROLLIT

The principle of applying the Bill to Ireland was distinctly agreed upon; but upon these Amendments, which we feel were consequential upon the general agreement—these particular words—I cannot say there was an agreement. But ample time will be allowed for their consideration before Report.

MR. CHANCE

They are consequential Amendments, and can be dealt with on Report. I trust there may be no factious opposition at this stage.

SIR EDWARD CLARKE

It is a serious matter to go on inserting Amendments which have not been considered and agreed upon by anyone responsible on this Bench for the conduct of such Business as this. We have introduced Amendments to this section—for instance, the authority is mentioned for registering in Ireland; it may be the proper authority, but I am not in a position to discuss the question now, nor, so far as I know, is any Member of the Government present in a position to make himself acquainted with the effect of the alterations suggested by the hon. Member for South Islington (Sir Albert Rollit). We have got to a stage, I think, when we might report Progress, and it would be very much better to put these Amendments on the Paper, that they may be considered before we go on further with the clauses.

MR. CHANCE

Of course, I am in the hands of the Committee; but these are purely consequential Amendments, and reasonable objection cannot be taken to them. But, if necessary, I am willing to reserve my Amendments for Report. I did not think there would be the slightest objection, and I consulted with the hon. Member who brought in the Bill, and who knows the subject thoroughly. I do not wish to prevent Progress being made with the Bill, and if I am pressed—unreasonably pressed—I must yield, and insert the Amendments on Report.

SIR ALBERT ROLLIT

I hope there will be no unreasonable objection to our going on. I have satisfied myself of the propriety of the Amendments as consequent upon the extension of the Bill to Ireland; and I have no doubt they will be approved by the Attorney General, who has given me material assistance in shaping the measure. I hope the Solicitor General will see his way to allowing us to proceed.

THE SECRETARY TO THE TREASURY (Mr. JACKSON) (Leeds, N.)

I do not think there is any desire on the part of anybody to raise factious opposition to the Bill; but I am sure the hon. Member will agree that, inasmuch as the matter is one particularly for the consideration of the Attorney General, who has not seen the Amendments, and that we have no knowledge—certainly I have no knowledge—of the effect of the alterations, and that the ultimate progress of the Bill will not be retarded, it will be better to report Progress now, and the Attorney General will have an opportunity of seeing the Amendments before they are inserted.

MR. CHANCE

I presume, if Amendments of any considerable nature were made on Report, the third reading could not be taken on the same evening, and, therefore, there can be no object in finishing the Committee to-night. At the same time, I would say that, having settled that Ireland is to be included, we should stultify ourselves and make absolute nonsense of the section if we introduced provisions that could not apply to Ireland. I agree to reporting Progress now it will not make any real difference.

Committee report Progress; to sit again upon Monday next.

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