§ The Duke of Leinster moved the third reading of this Bill.
§ The Earl of Roden moved, that it be read that day six months. In proposing this Amendment, he begged leave to assure the noble Duke, that his opposition to the Bill did not arise from any remarks made by the noble Duke during the progress of the discussion, but from the nature of the measure itself, which appeared to him calculated materially to affect the rights of private property. He regretted that on this account he was unable to support it, as the Bill had been brought forward to furnish employment to the poor of Ireland, who were very much in want of it, and for whose state he had the deepest sympathy. To shew the effects of the Bill as it appeared to him, he would put a case hypothetically. Suppose a man possessed a property worth 300l. a-year, and his tenants formed a Joint Stock Company. They obtained a commission to proceed with their undertaking from the Lord Lieutenant; they then applied to Government for money to proceed, and all this might be done without the consent of the proprietor. The parties commence the work without reference to the owner, who may have opposed it, but whose land would become liable for the money borrowed, as the money would be advanced only on the security of such land.
The Duke of Leinstersaid, such an undertaking could not be commenced without the consent of the great majority of the landed proprietors in the vicinity.
The Earl of Roden. —Well, then, suppose such a Joint Stock Company fails, who would then be responsible? He apprehended the land would be liable to Government.
The Marquis of Westmeathsaid, he presumed the money would be secured in a manner which would obviate all difficulty, although he was ready to allow, the land might be ultimately liable, as was the case in all assessments of such, a nature. He should have wished to seethe provisions of the Bill less complicated, but at the same time, he could overlook that defect, in the hope that it would tend to furnish employment for the peasantry, which was so very much wanted in Ireland.
§ The Duke of Wellingtonsaid, he was of opinion a measure of this nature ought to be referred to a Select Committee. The subscription required by the Bill in order to constitute one of these Joint Stock Companies might turn out a juggle, and a lien might be thus obtained upon the land to the amount of the money advanced by Government, by means of an actual conspiracy. Reconsidered the whole principle of the Bill most objectionable.
The Marquis of Lansdownbegged to observe, in reply to the noble Duke, that no works could be undertaken without the consent of the great majority of the lauded proprietors in the neighbourhood, and it, would be found that every necessary precaution had been taken in the Bill to provide against any improper appropriation of the funds supplied by Government: further he wished to observe, that the measure had been thoroughly sifted and examined in the other House of Parliament, and it had there obtained the consent of the principal landed proprietors who were most, likely to be affected by its operations and provisions. It was obvious, that to complete any extensive drainage, there must be a compulsory measure where the consent of many persons had to be procured, or there would be no drainage at, all.
Viscount Lortonsaid, the Bill had been brought forward under the plausible pretext of furnishing employment for the poor: he feared it would fail in that object, while its worst feature, the invasion of private property, would be effectual. On that account he must object to it
§ The House divided on the Original Motion: Ayes 38; Noes 20—Majority 18. Bill read a third time and passed.