§ As amended (by the Standing Committee) considered.
§ The first Motion on the Paper was a new clause, standing in the name of the hon. Member for South-West Manchester, dealing with the application of the Act to Scotland.
§ Clause 1:
§ *MR. SPEAKERruled the proposed new clause out of order, as the Bill did not apply to Scotland. He was aware that an Amendment lower down on the Paper proposed to make the measure applicable to Scotland, but if such Motions as the one referred to were allowed, it would be possible to have on the Paper any number of clauses dealing with the application of a Bill to Scotland or Ireland, to discuss them for several days, and then, when the Amendment to extend the operation of the measure to Scotland or Ireland was reached, the House might by a large majority decide that it should not be so extended. He therefore ruled the proposed new clause out of order.
§ MR. GALLOWAYmoved a new clause exempting from the operation of the Bill towns of over 50,000 inhabitants, and the County of London. He understood that the promoters of the Bill would offer no objection to the clause, and, that being so, he should not move the remaining Amendments of which he had given notice.
§ A Clause (Exemption).—(Mr. Galloway.)
§ Brought up and read the first time.
§ Motion made, and Question proposed, "That the clause be read a second time."
§ SIR BRAMPTON GURDON (Norfolk, N.)hoped the hon. Member would not press his Motion. The question 707 was very fully discussed in Committee, and, though he would not object to the exemption of towns of over 50,000 inhabitants, the County of London contained a number of rural parishes to which it was desirable the Bill should apply.
§ MR. GALLOWAYsaid he understood the hon. Member would accept the clause, otherwise he would have argued it at greater length.
§ SIR EDWARD CARSONcould not see the slightest reason for the insertion of the Amendment. There was no reason why an innkeeper in a town of 50,000 inhabitants should not carry out a common law obligation just as much as an innkeeper in a rural village.
§ MR. COHEN (Islington, E.)differed from the learned Solicitor-General. This was not entirely a question of law. It was simply a question of whether the exigencies of the situation demanded the supply of these refreshments. Nobody could reasonably contend that in large towns there was the same necessity as in the rural parts of the country.
§ MR. VICARY GIBBSsupported the new clause on the ground of common sense. Obligations should not be imposed upon inn-keepers unless they were for the convenience of the public. There were restaurants and refreshment rooms within the reach of everybody in the Metropolis and all large towns, and the Bill was not required in such cases. He understood that the Home Office were prepared to accept the new clause, and he would like to hear their views on the matter.
§ utterly repugnant to the whole scope of the Bill. The first section simply defined the obligations which were cast upon innkeepers under the existing common law as some correlative to the many advantages enjoyed by them under exceptional legislation. The only obligation cast upon innkeepers by the first section was that they should supply the reasonable demands of travellers for board, lodging, refreshments, and other accommodation, not in any event, but only if they happened to have at their disposal accommodation of the nature demanded. That was a legal obligation, and he should have thought a commonsense obligation. Why an innkeeper should, from mere caprice, refuse a reasonable demand for accommodation which he had at his disposal he was at a loss to understand, and he submitted that the clause had no foundation in common sense, to which the hon. Member for St. Albans appealed.
§ MR. GRETTONexplained that his name was on the back of the Bill, and he desired it to pass. He did not think this clause of exemption was fatal to the principle of the Bill, but it was unreasonable on the ground of common sense. The whole purpose of the Bill was to make more easy the application of the common law. Why they should have one law for the country and one for the larger towns he could not conceive; but rather than endanger the Bill he thought he might venture to appeal to the promoters to allow the clause to be read a second time.
§ Question put.
§ The House divided:—Ayes, 75; Noes, 130. (Division List, No. 134.)
709| AYES. | ||
| Acland-Hood, Capt. Sir A. F. | Cripps, Charles Alfred | Greene, Hy. D. (Shrewsbury) |
| Agg-Gardner, James Tynte | Cross, H. Shepherd (Bolton) | Grenfell, William Henry |
| Anson, Sir William Reynell | Dickson, Charles Scott | Greville, Hon. Ronald |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Dixon-Hartland, Sir F. Dixon | Gunter, Sir Robert |
| Bagot, Capt. Josceline FitzRoy | Doxford, Sir William Theodore | Guthrie, Walter Murray |
| Bain, Colonel James Robert | Egerton, Hon. A. de Tatton | Halsey, Rt. Hon. Thomas F. |
| Banbury, Sir Frederick George | Fergusson, Rt. Hn. Sir J. (Man'r | Harris, Frederick Leverton |
| Boscawen, Arthur Griffith | Fisher, William Hayes | Hoare, Sir Samuel |
| Cecil, Evelyn (Aston Manor) | Flower, Ernest | Jessel, Capt. Herbert Merton |
| Cecil, Lord Hugh (Greenwich) | Forster, Henry William | Knowles, Lees |
| Charrington, Spencer | Godson, Sir Augustus Fredk. | Laurie, Lieut.-General |
| Churchill, Winston Spencer | Gore, Hon. G. R. C. Ormsby-(Salop | Lawson, John Grant (Yorks, N. R. |
| Coddington, Sir William | Goschen, Hon. Geo. Joachim | Lee, Arthur H. (Hants, Fareham |
| Cohen, Benjamin Louis | Gray, Ernest (West Ham) | Lees, Sir Elliott (Birkenhead) |
| Legge, Col. Hon. Heneage | Plummer, Walter R. | Welby, Lt.-Col. A. C. E. (Taunton |
| Lowe, Francis William | Purvis, Robert | Whitmore, Charles Algernon |
| Loyd, Archie Kirkman | Reid, James (Greenock) | Williams, Rt. Hn. J. Powell-(Birm |
| Lucas, Col. Francis (Lowestoft | Ridley, Hon. M. W. (Stalybridge | Wilson, John (Glasgow) |
| Lucas, Reg'ld J. (Portsmouth) | Sadler, Col. Saml. Alexander | Wodehouse, Rt. Hn. E. R. (Bath |
| Macdona, John Cumming | Samuel, Harry S. (Limehouse) | Wortley, Rt. Hn. C. B. Stuart |
| Malcolm, Ian | Sharpe, William Edward T. | Wylie, Alexander |
| Morton, Arthur H. Aylmer | Smith, H. C. (North'mb. Tyneside | |
| Murray, Col. Wyndham (Bath | Smith, Jas. Parker (Lanarks.) | TELLERS FOR THE AYES— |
| Myers, William Henry | Tomlinson, Sir Wm. Edw. M. | Mr. Galloway and Mr. |
| O'Neill, Hon. Robert Torrens | Vincent, Col. Sir C. E. H. (Sheffield | Vicary Gibbs. |
| Peel, Hn. Wm. R. Wellesley | Walrond, Rt. Hn. Sir William H. | |
| Pierpoint, Robert | Warde, Colonel C. E. | |
| NOES. | ||
| Allan, Sir William (Gateshead) | Groves, James Grimble | Rickett, J. Compton |
| Allen, Chas. P. (Glos., Stroud) | Hamilton, Marq. of (Londondy | Rigg, Richard |
| Arkwright, John Stanhope | Hayne, Rt. Hon. Chas. Seale- | Roberts, John Bryn (Eifion) |
| Asher, Alexander | Helme, Norval Watson | Robertson, Edmund (Dundee) |
| Ashton, Thomas Gair | Hemphill, Rt. Hon. Chas H. | Robertson, H. (Hackney) |
| Austin, Sir John | Howard, J. (Midd., Tott'ham | Robson, William Snowdon |
| Baldwin, Alfred | Hudson, George Bickersteth | Roe, Sir Thomas |
| Barran, Rowland Hirst | Hutchinson, Dr. Charles Fredk. | Round, Rt. Hon. James |
| Blundell, Colonel Henry | Hutton, Alfred E. (Morley) | Russell, T. W. |
| Brown, Geo. M. (Edinburgh) | Jebb, Sir Richard Claverhouse | Sandys, Lt.-Col. Thos. Myles |
| Brunner, Sir John Tomlinson | Joicey, Sir James | Saunderson, Rt. Hn. Col. E. J. |
| Burt, Thomas | Jones, Wm. (Carnarvonshire) | Shaw-Stewart, M. H. (Renfrew) |
| Caldwell, James | Kennaway, Rt. Hon. Sir J. H. | Shipman, Dr. John G. |
| Campbell, Rt. Hn. J. A. (Glasg.) | Labouchere, Henry | Sloan, Thomas Henry |
| Campbell, J. H. M. (Dublin Univ | Lawson, Sir Wilfrid (Cornwall) | Spear, John Ward |
| Carson, Rt. Hon. Sir Edw. H. | Layland-Barratt, Francis | Stewart, Sir M. J. M'Taggart |
| Cayzer, Sir Charles William | Leese, Sir Joseph F. (Accrington | Talbot, Rt. Hn. J. G. (Oxf'd Univ. |
| Channing, Francis Allston | Leng, Sir John | Taylor, Austin (East Toxteth) |
| Cochrane, Hon. T. H. A. E. | Leveson-Gower, Fredk. N. S. | Taylor, Theodore C. (Radcliffe) |
| Corbett, T. L. (Down, North) | Long, Col. Chas. W. (Evesham | Thomas, David Alfred (Merthyr |
| Craig, Hobert Hunter (Lanark) | Lonsdale, John Brownlee | Thomas, F. Freeman (Hastings) |
| Cremer, William Randal | Lundon, W. | Thomas, J. A. (Glam., Gower) |
| Crombie, John William | Lyttelton, Hon. Alfred | Thorburn, Sir Walter |
| Dalrymple, Sir Charles | M'Artltur, Charles (Liverpool) | Tomkinson, James |
| Davies, Alfred (Carmarthen) | M'Laren, Sir Charles Benj. | Trevelyan, Charles Philips |
| Davies, M. Vaughan (Cardign | Mappin, Sir Fredk. Thorpe | Ure, Alexander |
| Douglas, Rt. Hon. A. Akers | Martin, Richard Biddulph | Wallace, Robert |
| Douglas, Charles M. (Lanark) | Meysey-Thompson, Sir H. M. | Walton, J. Lawson (Leeds, S.) |
| Duke, Henry Edward | Mitchell, Edw. (Fermangh, N. | Walton, Joseph (Barnsley) |
| Duncan, J. Hastings | More, Robt. Jasper (Shropshire | Wanklyn, James Leslie |
| Dunn, Sir William | Morgan, David J. (Walthamst'w | Wason, Eugene (Clackmannan) |
| Emmott, Alfred | Murphy, John | Wason, John Cathcart (Orkney |
| Farquharson, Dr. Robert | Murray, Chas. J. (Coventry) | White, Luke (York, E. R.) |
| Fenwick, Charles | Nussey, Thomas Willans | Wilson, A. S. (York, E. R.) |
| Ferguson, R. C. Munro (Leith | O'Shaughnessy, P. J. | Wilson, John (Falkirk) |
| Fielden, Edward Brocklehurst | O'Shee, James John | Wilson, J. W. (Worcestersh., N.) |
| Finch, Rt. Hon. George H. | Palmer, Sir C. M. (Durham) | Wolff, Gustav Wilhelm |
| Foster, Sir Walter (Derby Co.) | Partington, Oswald | Wood, James |
| Fowler, Rt. Hon. Sir Henry | Paulton, James Mellor | Worsley-Taylor, Hry. Wilson |
| Furness, Sir Christopher | Pemberton, John S. G. | Young, Samuel |
| Garfit, William | Philipps, John Wynford | |
| Gordon, Hn. J. E. (Elgin & Nrn | Power, Patrick Joseph | TELLERS FOR THE NOES— |
| Gorst, Rt. Hon. Sir John Eldon | Rattigan, Sir William Henry | Sir Brampton Guidon |
| Grant, Corrie | Rea, Russell | and Mr. Gretton. |
| Griffith, Ellis J. | Redmond, William (Clare) |
§ MR. GALLOWAYsaid that as the agreement which he understood had been arrived at had not been carried out he held himself at liberty to move the further Amendments standing on the Paper. He desired to move a new clause giving a right of appeal. The penalty under the Bill was not a large one, and it could not be contended that 710 the measure proposed any revolution in the law. He submitted, however, that innkeepers were entitled to an appeal against the decisions of lay magistrates, who, although they discharged their duties with perseverance, credit and industry, were not trained lawyers, and had to depend largely for their decisions upon the clerk to the Court. It was all 711 very well for the hon. Member to say "agreed" now; but why was not the arrangement carried out before?
§ SIR BRAMPTON GURDONsaid the hon. Member was entirely mistaken in supposing any agreement had been entered into.
§ MR. GALLOWAYsaid he did not suggest that the hon. Member had deliberately broken an arrangement; what he said was that he understood they had come to an agreement.
§ *MR. SPEAKERIt is obvious that there has been a misunderstanding on both sides.
§ MR. GALLOWAYsaid it was very unfortunate that the hon. Member, if he was prepared to agree to this clause now, did not take the same view in the Grand Committee.
§ MR. CHANNING (Northamptonshire, E.)rose to a point of order. The hon. Member in charge of the Bill had expressed his willingness to accept the clause; was the hon. Member opposite entitled to go on discussing it?
§ *MR. SPEAKERsaid he could not interfere on the point of order. Every Member of the House had a right to express his opinion. At the same time, seeing this was the last private Members' day, he hoped the hon. Member would not take up time in pressing a Motion which obviously would be accepted.
§ MR. GALLOWAYsaid that after that expression of opinion he would not pursue the matter further. He admitted, however, that he was speaking under a feeling of some resentment at what had taken place.
§
A Clause (Right of Appeal).
Any person aggrieved by a conviction made by a Court of summary jurisdiction under this Act may appeal therefrom to a Court of quarter sessions."—(Mr. Galloway.)
§ Brought up, and read the first and second time, and added to the Bill.
712§ MR. GALLOWAYmoved an Amendment to Clause 1 to confine the innkeeper's liability to his ordinary hours of business. It was unreasonable that an innkeeper in a country village should be compelled to supply refreshment at all hours of the day and night. The whole point of this Amendment turned upon the construction placed upon the word "reasonable." He thought there ought to be some reasonable limit to the liability. He hoped the Amendment would be accepted.
§
Amendment proposed—
In page 1, line 5, after the word 'shall,' to insert the words 'from opening until closing time.'"—(Mr. Galloway.)
§ Question proposed, "That those words be there inserted in the Bill."
§ SIR BRAMPTON GURDONsaid that although he agreed with the spirit of this Amendment he thought the word "reasonable" covered the object of the hon. Member for Manchester.
§ SIR EDWARD CARSONhoped the House would not accept this Amendment, because they would be laying down a different construction of the word "reasonable" to that which already existed. The first section declared the innkeeper liable to accommodate a traveller at any reasonable time, but they were asked by this Amendment to limit it so that it should only apply within certain hours. The very time when a person might be coming into a small village or town might be at a later hour than the hours of closing. The innkeeper was protected by the words "reasonable demand." He hoped the House would not impose a different liability to that which already existed.
§ LORD HUGH CECILthought the expression in the clause was too wide while the Amendment was much more limited. The only question he had a doubt about was whether it was worth while putting the House to a division. As the hon. Member opposite had conducted the Bill in a conciliatory way he hoped the Amendment would not be pressed.
*MR. LAWSON WALTONthought it was a very unreasonable ground for not supporting a reasonable Amendment to say that that attitude was adopted because of the unconciliatory attitude of some hon. Member of the House. The speech of the Solicitor-General upon this point was absolutely conclusive. Surely it was sufficiently clear that the first clause of this Bill merely defined the existing obligation. The present Bill substituted new machinery for the old cumbrous method of procedure. He wished to point out how utterly destructive the Amendment would be. Take the case of a country inn where a traveller might arrive a few minutes after ten o'clock at night and desire to have a bed for the night. Suppose the innkeeper had ample accommodation but capriciously and negligently refused that accommodation. If the Amendment were carried the innkeeper would be protected in taking such a course.
§ MR. GROVES (Salford, S.)said he understood the Bill to provide a summary remedy in case accommodation was unreasonably refused. The Amendment
§ was to confine the remedy to cases of refusal of accommodation during opening hours, leaving innkeepers liable, with regard to charges which were more serious, to be dealt with under the ordinary law. This proposal had been treated as if it was a preposterous Amendment, but it seemed to him to be a reasonable and sensible Amendment and was worth considering. The question was, should they limit this very exceptional procedure, to stimulate publicans in outlying districts to provide proper accommodation, to the cases where they refused it during the ordinary opening hours and leave the closing hours to be dealt with under the old procedure? He hoped this proposal would be limited to accommodation and refreshment during ordinary hours, and then the publican would come under the common law for the more serious charge of refusing lodgings at night, which ought to be investigated by a magistrate.
§ Question put.
§ The House divided:—Ayes, 73; Noes, 140. (Division List No. 135.)
715| AYES. | ||
| Agg-Gardner, James Tynte | Flower, Ernest | Knowles, Lees |
| Anson, Sir William Reynell | Garfit, William | Laurie, Lieut.-General |
| Austin, Sir John | Gibbs, Hn. Vicary (St. Albans) | Lee, A. H. (Hants, Fareham) |
| Bagot, Capt. Josceline FitzRoy | Godson, Sir Augustus Fredk. | Lees, Sir Elliott (Birkenhead) |
| Baldwin, Alfred | Gordon, Hn. J. E. (Elgin & Nrn | Legge, Col. Hon. Heneage |
| Banbury, Sir Frederick George | Gore, Hn G. R. C. Ormsby-(Salop | Leveson-Gower, Frederick N. S. |
| Bignold, Arthur | Goulding, Edward Alfred | Loyd, Archie Kirkman |
| Blundell, Colonel Henry | Gray, Ernest (West Ham) | Lucas, Col. Francis (Lowestoft |
| Bull, William James | Greene, Hy. D. (Shrewsbury) | Lucas, Reginald J. (Portsmouth |
| Cecil, Evelyn (Aston Manor) | Grenfell, William Henry | Macdona, John Gumming |
| Cecil, Lord Hugh (Greenwich) | Gretton, John | M'Killop, W. (Sligo, North) |
| Chapman, Edward | Greville, Hon. Ronald | Malcolm, Ian |
| Charrington, Spencer | Gunter, Sir Robert | Manners, Lord Cecil |
| Churchill, Winston Spencer | Guthrie, Walter Murray | Martin, Richard Biddulph |
| Coddington, Sir William | Halsey, Rt. Hon. Thomas F. | More, Robt. Jasper (Shropshire) |
| Cohen, Benjamin Louis | Hatch, Ernest Frederick G. | Morton, Arthur H. Aylmer |
| Cripps, Charles Alfred | Hoare, Sir Samuel | Murray, Col. Wyndham (Bath) |
| Cross, H. Shepherd (Bolton) | Hudson, George Bickersteth | Myers, William Henry |
| Dixon-Hartland, Sir F. Dixon | Hutton, John (Yorks, N. R.) | Peel, Hn. Wm. R. Wellesley |
| Doxford, Sir Wm. Theodore | Kennaway, Rt. Hon Sir J. H. | Pierpoint, Robert |
| Plummer, Walter R. | Stewart, Sir M. J. M'Taggart | Worsley-Taylor, Hry. Wilson |
| Purvis, Robert | Tomlinson, Sir Wm. Edw. M. | |
| Reid, James (Greenock) | Vincent, Col. Sir C. E. H. (Sheffi'ld | TELLERS FOR THE AYES— |
| Ridley, Hon. M. W. (Stalybridge) | Welby, Lt.-Col. A. C. E. (Taunton | Mr. Galloway and Mr. |
| Round, Rt. Hon. James | Whitmore, Charles Algernon | Groves. |
| Sadler, Col Saml. Alexander | Wodehouse, Rt. Hn. E. R. (Bath) | |
| NOES. | ||
| Acland-Hood, Capt. Sir A. F. | Gordon, J. (Londonderry, S.) | Power, Patrick Joseph |
| Allan, Sir William (Gateshead) | Gorst, Rt. Hon. Sir J. Eldon | Rattigan, Sir William Henry |
| Allen, Charles P. (Glouc., Stroud | Griffith, Ellis J. | Rea, Russell |
| Asher, Alexander | Hamilton, Marq. of (Londondy | Redmond, William (Clare) |
| Ashton, Thomas Gair | Harmsworth, R. Leicester | Rickett, J. Compton |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Harris, Frederick Leverton | Rigg, Richard |
| Bain, Colonel James Robert | Hay, Hon. Claude George | Roberts, John Bryn (Eifion) |
| Barran, Rowland Hirst | Hayne, Rt. Hon. Chas. Seale- | Robertson, Edmund (Dundee) |
| Brown, Geo. M. (Edinburgh) | Helme, Norval Watson | Robertson, H. (Hackney) |
| Burt, Thomas | Hemphill, Rt. Hon. Chas. H. | Roe, Sir Thomas |
| Butcher, John George | Hobhouse, Rt. Hn. H. (Somerset E. | Russell, T. W. |
| Caldwell, James | Howard, J. (Midd., Tottenham | Sandys, Lieut.-Col. Thos. Myles |
| Campbell, Rt. Hn. J. A. (Glasg) | Hutchinson, Dr. Charles Fredk. | Saunderson, Rt. Hn. Col. Edw. J. |
| Campbell, J. H. M. (Dublin Univ) | Hutton, Alfred E. (Morley) | Schwann, Charles E. |
| Carson, Rt. Hon. Sir Edw. H. | Jebb, Sir Richard Claverhouse | Seely, Charles Hilton (Lincoln |
| Cayzer, Sir Charles William | Johnstone, Heywood | Shaw-Stewart, M. H. (Renfrew |
| Channing, Francis Allston | Joicey, Sir James | Shipman, Dr. John G. |
| Chaplin, Rt. Hon. Henry | Jones, Wm. (Carnarvonshire) | Sloan, Thomas Henry |
| Cochrane, Hon. Thos. H. A. E. | Kennedy, Patrick James | Smith, H. C. (North'mb, Tyneside |
| Corbett, T. L. (Down, North) | Labouchere, Henry | Smith, Jas. Parker (Lanarks.) |
| Craig, Robert Hunter (Lanark) | Lawson, John Grant (Yorks, N. R. | Spear John Ward |
| Crean, Eugene | Lawson, Sir Wilfrid (Cornwall | Talbot, Rt. Hn. J. G. (Oxf'd Univ |
| Cremer, William Randal | Layland-Barratt, Francis | Taylor, Austin (East Toxteth |
| Crombie, John William | Leese, Sir Jos. F. (Accrington | Thomas, David A. (Merthyr) |
| Crossley, Sir Savile | Leigh, Sir Joseph | Thomas, F. Freeman (Hastings) |
| Dalrymple, Sir Charles | Leng, Sir John | Thomas, J. A. (Glam., Gower) |
| Dalziel, James Henry | Long, Col. Charles W. (Evesham) | Thornburn, Sir Walter |
| Davies, Alfred (Carmarthen) | Lonsdale, John Brownlee | Ure, Alexander |
| Davies, M. Vaughan (Cardign | Lough, Thomas | Wallace, Robert |
| Delany, William | Lowe, Francis William | Walrond, Rt. Hon. Sir W. H. |
| Dewar, John A. (Inverness-sh.) | Lundon, W. | Walton, J. Lawson (Leeds, S.) |
| Dickson, Charles Scott | Lyttelton, Hon. Alfred | Walton, Joseph (Barnsley) |
| Douglas, Charles M. (Lanark) | MacVeagh, Jeremiah | Wason, E. (Clackmannan) |
| Duke, Henry Edward | M'Arthur, Charles (Liverpool) | Wason, J. Cathcart (Orkney) |
| Duncan, J. Hastings | M'Laren, Sir Charles Benj. | White, Luke (York, E. R.) |
| Dunn, Sir William | Mappin, Sir Fredk. Thorpe | Wilson, A. S. (York, E. R.) |
| Egercon, Hon. A. de Tatton | Meysey-Thompson, Sir H. M. | Wilson, John (Falkirk) |
| Emmott, Alfred | Mitchell, Edw. (Fermanagh, N. | Wilson, John (Glasgow) |
| Evans, Sir F. H. (Maidstone) | Morgan, David J. (Walthamstow | Wilson, J. W. (Worcestersh., N. |
| Evans, Saml. T. (Glamorgan) | Morley, Charles (Breconshire) | Wolff, Gustav Wilhelm |
| Farquharson, Dr. Robert | Murphy, John | Wood, James |
| Fenwick, Charles | Newnes, Sir George | Wortley, Rt. Hon C. B. Stuart |
| Ferguson, R. C. Munro (Leith | Nussey, Thomas Willans | Wylie, Alexander |
| Fergusson, Rt. Hn. Sir J. (Manc'r | Palmer, Sir C. M. (Durham) | Young, Samuel |
| Fielden, Edward Brocklehurst | Partington, Oswald | |
| Forster, Henry William | Paulton, James Mellor | TELLERS FOR THE NOES— |
| Foster, Sir Walter (Derby Co.) | Philipps, John Wynford | Sir Brampton Gurdon and |
| Furness, Sir Christopher | Pilkington, Lt.-Col. Richard | Mr. Corrie Grant. |
§ Clause 1, agreed to.
§ Clause 2.
§ MR. GALLOWAYmoved an Amendment with the object of excluding from the provisions of the Bill an habitual drunkard to whom the sale of liquor 716 was refused under the Licensing Act of 1902.
§
Amendment proposed—
After the word 'manner' to insert the words 'or is an habitual drunkard to whom the sale of liquor has been refused under Section 6 of the Licensing Act, 1902.'"—(Mr. Galloway.)
§ Amendment agreed to.
717§ SIR FREDERICK BANBURYmoved as an Amendment to Sub-section (b) of the clause, which excluded from the provisions of the Bill a traveller who failed to tender "a sum adequate to the cost of the accommodation demanded," to substitute for the expression "a sum adequate to the cost" the words "a reasonable price."
§ SIR FREDERICK BANBURYsaid if they were not known to the law they were known to common sense.
§
Amendment proposed—
To leave out the words 'a sum adequate to the cost' and insert the words 'a reasonable price.'"—(Sir Frederick Banbury.)
§ Amendment agreed to.
§ Clause 2 agreed to.
718§ Clauses 3 to 5 agreed to.
§ Clause 6:
§ MR. GALLOWAYmoved an Amendment to exclude Scotland from the operation of the Bill.
§
Amendment proposed—
In page 1, line 24, to leave out the words Scotland or.'"—(Mr. Galloway.)
§ The doors having been closed for the Division, it appeared there were no tellers for the Ayes. Mr. SPEAKER said that, of course, if no one would tell for the Ayes there could be no division. The SOLICITOR-GENERAL for SCOTLAND thereupon declared that he would tell for the Ayes, and Mr. CALDWELL said he would do so likewise.
§ Question put, "That the words proposed to be left out stand part of the Bill.
§ The House divided:—Ayes, 140; Noes, 52. (Division List, No. 136.)
719| AYES. | ||
| Allan, Sir William (Gateshead) | Dalziel, James Henry | Hatch, Ernest Frederick Geo. |
| Allen, Charles P. (Glouc, Stroud | Davies, Alfred (Carmarthen) | Hayne, Rt. Hon. Chas. Seale |
| Anson, Sir William Reynell | Davies, M. Vaughan (Cardign | Helme, Norval Watson |
| Asher, Alexander | Delany, William | Hemphill, Rt. Hon. Chas. H. |
| Ashton, Thomas Gair | Dewar, John A. (Inverness-sh.) | Hobhouse, Rt. Hn. H. (Somerset E |
| Aubrey-Fetcher, Rt. Hn. Sir H. | Dixon-Hartland, Sir F. Dixon | Howard, J. (Midd., Tott'ham |
| Bain, Colonel James Robert | Douglas, Charles M. (Lanark) | Hudson, George Bickerstetn |
| Banbury, Sir Frederick George | Duke, Henry Edward | Hutchinson, Dr. Charles Fredk |
| Barran, Rowland Hirst | Duncan, J. Hastings | Hutton, Alfred E (Morley) |
| Bignold, Arthur | Dunn, Sir William | Jebb, Sir Richard Claverhouse |
| Blundell, Colonel Henry | Emmott, Alfred | Johnstone, Heywood |
| Brown, Geo. M. (Edinburgh) | Evans, Sir F. H. (Maidstone) | Joicey, Sir James |
| Brunner, Sir John Tomlinson | Fenwick, Charles | Jones, William (Carnarvonshire |
| Burt, Thomas | Ferguson, R. C. Munro (Leith) | Joyce, Michael |
| Campbell, Rt. Hn. J. A. (Glasg.) | Fergusson, Rt. Hn. Sir J. Man'r | Kennaway, Rt. Hon. Sir John H. |
| Campbell, J. H. M. (Dublin Univ | Fielden, Edward Brocklehurst | Kennedy, Patrick James |
| Carson, Rt. Hon. Sir Edw. H. | Forster, Henry William | Laurie, Lieut.-General |
| Channing, Francis Allston | Foster, Sir Walter (Derby Co. | Lawson, John Grant (Yorks, N. R. |
| Cochrane, Hon. H. A. E. | Gordon, J. (Londonderry, S.) | Lawson, Sir Wilfrid (Cornwall) |
| Cohen, Benjamin Louis | Gorst, Rt. Hon. Sir J. Eldon | Layland-Barratt, Francis |
| Corbett, T. L. (Down, North) | Grant, Corrie | Lees, Sir Elliott (Birkenhead) |
| Craig, Robert Hunter (Lanark) | Gretton, John | Leese, Sir Jos. F. (Accrington |
| Crean, Eugene | Greville, Hon. Ronald | Leigh, Sir Joseph |
| Cremer, William Randal | Gunter, Sir Robert | Leveson-Gower, Frederick N. S. |
| Crombie, John William | Gurdon, Sir W. Brampton | Lough, Thomas |
| Cross, H. Shepherd (Bolton) | Guthrie, Walter Murray | Loyd, Archie Kirkman |
| Crossley, Sir Savile | Halsey, Rt. Hon. Thomas F. | Lundon, W. |
| Dalrymple, Sir Charles | Hamilton, Marq. of (Londondy | Macdona, John Cumming |
| Maconochie, A. W. | Rigg, Richard | Tomkinson, James |
| M'Arthur, Charles (Liverpool) | Roberts, John Bryn (Eifion) | Tomlinson, Sir Wm. E. M. |
| M'Laren, Sir Charles Benjamin | Robson, William Snowdon | Vincent, Col. Sir C. E. H. (Sheffield |
| Mappin, Sir Fredk. Thorpe | Roe, Sir Thomas | Wallace, Robert |
| Mitchell, Edw. (Fermanagh, N. | Russell, T. W. | Walrond, Rt. Hn. Sir William H. |
| Morley, Charles (Breconshire) | Seely, Charles Hilton (Lincoln | Walton, J. Lawson (Leeds, S.) |
| Murphy, John | Seely, Maj. J. E. B. (Isle of Wight | Wason, J. Cathcart (Orkney) |
| Nannetti, Joseph P. | Shaw-Stewart, M. H. (Renfrew | Welby, Lt.-Col. A. C. E. (Taunton |
| Newnes, Sir George | Shipman, Dr. John G. | White, Luke (York., E. R.) |
| Nussey, Thomas Willans | Sloan, Thomas Henry | Wilson, John (Falkirk) |
| Palmer, Sir C. M. (Durham) | Smith, H. C. (North'mb Tyneside | Wilson, John (Glasgow) |
| Partington, Oswald | Smith, Jas. Parker (Lanarks.) | Wilson, J. W. (Worcester., N.) |
| Paulton, James Mellor | Spear, John Ward | Wolff, Gustav Wilhelm |
| Peel, Hn. Wm. R. Wellesley | Stewart, Sir Mark J. M'Taggart | Wood, James |
| Philipps, John Wynford | Talbot, Rt. Hn. J. G. (Oxf'd Univ. | Wylie, Alexander |
| Pilkington, Lt.-Col. Richard | Taylor, Austin (East Toxteth) | Young, Samuel |
| Rattigan, Sir William Henry | Thomas, David A. (Merthyr) | |
| Rea, Russell | Thomas, F. Freeman (Hastings) | TELLERS FOR THE AYES— |
| Reid, James (Greenock) | Thomas, J. A. (Glam., Gower) | Mr. Dickson and Mr. |
| Ridley, Hon M. W. (Stalybridge) | Thorburn, Sir Walter | Caldwell. |
| NOES. | ||
| Acland-Hood, Capt. Sir A. F. | Greene, Hy. D. (Shrewsbury) | Murray, Charles J. (Coventry) |
| Agg-Gardner, James Tynte | Grenfell, William Henry | Murray, Col. Wyndham (Bath) |
| Austin, Sir John | Griffith, Ellis J. | Myers, William Henry |
| Bagot, Capt. Josceline FitzRoy | Harmsworth, R. Leicester | Pierpoint, Robert |
| Baldwin, Alfred | Hay, Hon. Claude George | Purvis, Robert |
| Bull, William James | Hoare, Sir Samuel | Robertson, H. (Hackney) |
| Cecil, Evelyn (Aston Manor) | Hutton, John (Yorks, N. R.) | Sadler, Col. Saml. Alexander |
| Cecil, Lord Hugh (Greenwich) | Jessel, Captain Herbert Merton | Samuel, Harry S. (Limehouse) |
| Chapman, Edward | Knowles, Lees | Sandys, Lt.-Col. Thos. Myles |
| Charrington, Spencer | Lee, A. H. (Hants., Fareham | Schwann, Charles E. |
| Churchill, Winston Spencer | Legge, Col. Hon. Heneage | Walton, Joseph (Barnsley) |
| Coddington, Sir William | Long, Col. Chas. W. (Evesham | Wason, Eugene (Clackmannan) |
| Cripps, Charles Alfred | Lucas, Col. Francis (Lowestoft | Wilson, A. S. (York, E. R.) |
| Egerton, Hon. A. de Tatton | Lucas, Reg'ld J. (Portsmouth) | Worsley-Taylor, Hry. Wilson |
| Flower, Ernest | Malcolm, Ian | |
| Godson, Sir Augustus Fredk. | Manners, Lord Cecil | TELLERS FOR THE NOES— |
| Gore, Hn G. R. C. Ormsby-(Salop | Meysey-Thompson, Sir H. M. | Mr. Galloway and Mr. |
| Goulding, Edward Alfred | Morgan, D. J. (Walthamstow) | Groves. |
| Gray, Ernest (West Ham) | Morton, Arthur H. Aylmer |
Bill read the third time, and passed.
§ And, it being after half-past Five of the clock, further consideration of the Bill, as amended by the Standing Committee, stood adjourned.
§ Further consideration to be resumed upon Monday next.