The Earl of Shaftesburybrought up the Report, and moved that the House do agree to the Amendments adopted in the Committee.
§ Lord Wynfordsaid, that he found one of the clauses adopted in the Committee was, that any person should be at liberty to set spring-guns in his grounds upon obtaining the permission of one Magistrate. As a protection for game, he must distinctly declare it as his opinion, that spring-guns ought never to be used; but as a protection for property in barns, and stacks, and out-houses liable to the worst of depredations, he thought they might be properly employed. He believed if, used in that manner, that they would not only be beneficial to the individual whose property they protected, but to the country at large; and that for such a purpose no one would object to their partial introduction. But if the object to be attained was the protection of property, he thought it would be best effected by allowing the setting of spring-guns without an application even to one Magistrate, for such an application would, of course, direct attention to the applicant, and the depredators would be forewarned. He suggested, therefore, that the Amendment adopted last night in the Committee should be withdrawn.
§ Viscount Melbournesaid, that more good was anticipated from the general terror, and the notion which the passing of such a Bill as this was calculated to disseminate throughout the country, than from the actual setting of the spring-guns themselves. He was of opinion, therefore, 256 that this Bill should be passed as promptly, and with as little discussion as possible The precautions to which the learned Lord objected, as to the taking out of licenses under this Act, had been lessened from their amount in the original draft of the Bill. Instead of the authority of two Magistrates being necessary, as the clause now stood a license could be given by one Magistrate, and without the necessity of a public examination. It was considered, that this bad effect would arise from the public examination, that it might expose the Magistrate as an object of vengeance to those against whom those spring-guns were intended as a defence. The precautions in the clause, as it now stood, removed that inconvenience; and while they were sufficient to enable Magistrates to grant licenses in all cases where the setting of those guns was necessary, they at the same time afforded to Magistrates the power to refuse to grant such licenses in cases where no such necessity existed.
§ Report agreed to.