HC Deb 14 June 1892 vol 5 cc1101-6

COMMITTEE. [Progress 20th May.]

Considered in Committee.

(In the Committee.)

Clauses 1 to 3 agreed to.

Clause 4.

On Motion of Sir ALBERT ROLLIT (Islington, S.) the following Amendments were agreed to:—Page 2, line 18, leave out "district," and insert "rural sanitary district;" line 19, after "district," insert "and a rural sanitary district;" line 20, after "Acts," insert— And 'district' means the district of an urban sanitary authority or of a rural sanitary authority, as the case may require; line 27, leave out "the expression," and insert "words referring to;" line 27, leave out "includes," and insert "shall be construed as including;" line 29, leave out from "and words," to "accordingly," in line 31 inclusive.

Clause, as amended, agreed to.

Clause 5.

Amendment proposed, in page 2, line 33, to leave out the word "kerbed."—(Sir Albert Rollit.)

Question proposed, "That the word 'kerbed' stand part of the Clause."

DR. TANNER

I think we should have some explanation of this Amendment.

THE PRESIDENT OF THE LOCAL GOVERNMENT BOARD (Mr. RITCHIE,) Tower Hamlets, St. George's

If the hon. Member will look at Clause 4, the last section says the expression "paving," &c, includes "kerbing."

Question put, and negatived.

On Motion of Sir ALBERT ROLLIT the following Amendments were agreed to:—Page 2, line 38, leave out "kerb;" page 3, line 11, leave out "estimates," and insert "estimate;" lines 11 and 12, leave out "apportionments," and insert "apportionment."

Clause, as amended, agreed to.

Clauses 6 and 7 agreed to.

Clause 8.

*SIR ALBERT ROLLIT

I beg to move, in page 5, line 6, to leave out Sub-section (2). I promised the hon. Member for Preston (Mr. Tomlinson) to assent to this Amendment, and I am bound to do so.

Amendment proposed, in page 5, line 6, leave out Sub-section (2).—(Sir Albert Rollit.)

Question proposed, "That Sub-section (2) stand part of the Clause."

MR. STOREY (Sunderland)

I hope, nevertheless, the Amendment will not be accepted. It is not the practice now.

Question put, and agreed to.

Clause agreed to.

Clause 9.

Amendment proposed, Page 5, line 28, at end add "access to which is obtained from the street through a court, passage or otherwise, and."—(Sir Albert Rollit.)

Amendment, by leave, withdrawn.

Clause agreed to.

Clauses 10 to 17, inclusive, agreed to.

Clause 18.

MR. STOREY

I object to this clause of the Bill, and move as Amendment to omit the words from "provided" to the end of the clause.

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

SIR ALBERT ROLLIT

I am quite willing to accept the Amendment.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 19 agreed to.

Clause 20.

MR. RITCHIE

I wish to move an Amendment which is not on the Paper—namely, to strike out in line 33, the words "in the execution of other private street works or," and add at the end of the clause— If there is no such loan outstanding then in any such manner as shall be sanctioned by the Local Board.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 21.

On the Motion of Sir FRANCIS POWELL (Wigan) the following Amendments were agreed to:—Page 8, line 36, after "railway," insert "or canal"; line 41, after "station," insert "towing-path"; line 41, after "no," insert "direct."

On the Motion of Sir ALBERT ROLLIT the following Amendments were agreed to:— Page 9, line 4, leave out from "other," to "street," in line 5, inclusive, and insert "owners"; line 11, leave out from "other," to "street," in line 12, inclusive, and insert "owners for the time being of the premises included in the apportionment.

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

MR. STOREY

I should like to be informed upon what principle a clause like this should be placed in the Bill? The proposal in it is that Railway Companies shall be treated in a different manner to other owners of property, and that when the railways abut on but not communicate with streets, the companies are not to be charged with the cost of nagging and paving the street. I submit that this would be a most inequitable arrangement, and that Railway Companies should not be treated in this exceptional manner. I shall, therefore, move that the clause be omitted.

Motion made, and Question proposed, "That the Clause be omitted."—(Mr. Storey.)

SIR ALBERT ROLLIT

This subject has been discussed on several occasions by the House, and I believe the clause is one which is invariably inserted in local Bills dealing with such matters.

MR. STOREY

Not always.

SIR ALBERT ROLLIT

Frequently, if not invariably. I hope, therefore, that the Committee will agree to it.

MR. STOREY

The clause is not in any local Act, to my knowledge.

SIR FRANCIS POWELL

One of the objects of the Bill is to prevent the injustice complained of by the hon. Member. It has been accepted on other occasions, and I hope that the clause as it has been drawn will be supported.

(8.12.) MR. RITCHIE

The hon. Member will understand that I am not responsible for the clause as it has been drawn; but at the same time I feel that this is an extremely good and useful measure, and one that is much desired. My sympathies, I must say, do not go with exceptions, and I should like to have further time to consider this clause. I would therefore suggest that it should now be omitted.

SIR ALBERT ROLLIT

I am quite willing to agree to that.

MR. STOREY

I would beg leave to say that I entirely dissent from the statement that it is the common practice to introduce such a clause as this. If the clause is not left out now I shall object to it on the Report stage.

Clause, by leave, withdrawn.

Clause 22.

On Motion of Sir ALBERT ROLLIT the following Amendments were agreed to:—Page 9, line 18, after "authority," insert "and a rural sanitary authority respectively"; line 20, after "them," insert "respectively."

Clause, as amended, agreed to.

Clause 23 agreed to.

SIR ALBERT ROLLIT

I beg to move, in page 2, after Clause 3, to insert the following Clause:—

(Local Government Board may extend Act to rural districts.)

"The Local Government Board may declare that the provisions contained in this Act shall be in force in any rural sanitary district, or any part thereof, and may invest a rural sanitary authority with the powers, rights, duties, capacities, liabilities, and obligations which an urban authority may acquire by adoption of this Act, in like manner and subject to the same provisions as they are enabled to invest rural sanitary authorities with the powers of urban sanitary authorities under the provisions of section two hundred and seventy-six of 'The Public Health Act, 1875.'"

Clause brought up, and read a first time.

Motion made, and Question proposed, "That the Clause be read a second time."

MR. STOREY

Can the President of the Local Government Board tell us whether the effect of this would be that the rural districts would become urban districts?

MR. RITCHIE

They are practically small urban authorities.

MR. STOREY

Do they become urban districts?

MR. RITCHIE

If the aggregation of houses were sufficient to justify it they would.

MR. STOREY

You confer on them special urban powers, but not full powers?

MR. RITCHIE

We confer upon them ordinary urban powers.

Question put, and agreed to.

Clause agreed to, and ordered to stand part of the Bill.

SIR ALBERT ROLLIT

I beg to move, in page 9, after Clause 23, to insert the following Clauses:—

(Certain Sections of Public Health Acts not to apply.)

"Sections one hundred and fifty, one hundred and fifty-one, and one hundred and fifty-two of 'The Public Health Act, 1875,' shall not apply to any district in which this Act has been adopted, and where Part III. of 'The Public Health Acts Amendment Act, 1890,' is adopted, section forty-one of that Act shall not apply.'"

(For protection of Conservators of the River Thames.)

"This Act shall not extend to prejudice or derogate from the estates, rights, and privileges of the conservators of the River Thames, or render them liable to any charges or payments."

This is a new clause, such as that which deals with the same matter under the Act of 1875. It is a general saving clause, to which I think no objection can be taken.

Clause brought up, and read a first time.

Motion made, and Question proposed, "That the Clause be read a second time."

MR. RITCHIE

I think there should be some Amendment. The clause proposes to relieve the conservators of charges or payments. I would propose that words should be added, so that it should read:— This Act shall not extend to prejudice or derogate from the estates, rights, and privileges of the Conservators of the River Thames, or render them liable to charges or payments in respect of any of their works on the shore of the River Thames.

Question, "That those words be there added," put, and agreed to.

Clause, as amended, agreed to, and added to the Bill.

Schedule agreed to.

Bill reported; as amended, to be considered upon Friday.