§ On the motion of Viscount Melbourne, the House went into Committee on the above Bill.
§ On the 1st Clause,
§ Lord Abinger moved to add certain words to confine the disabilities it provided 406 for, to "the non-compliance with the directions of the Act."
§ The Lord Chancellordefended the clause as it stood. It was intended to correct and remove a great evil connected with the original Act, by which, though the party elected and electing were not aware of any defect in the appointment of the officer at the time of election; yet, at some future period, the person elected would be declared improperly elected, because some defect was discovered in the appointment of such electing officer. Nothing could be more injurious, or he might say more unjust, than to make the propriety of an individual's holding an office in which he had been placed on the title of another person with which the elected party had nothing to do. A Member of Parliament would not be removed from his seat because there was a defect in the title of the returning officer. Certainly, that was the more reasonable course to pursue, and the one that ought to be followed in this instance.
§ Lord Wynfordcontended, that the words proposed by his noble and learned Friend were necessary to restrict the operation of the Bill within the limits prescribed in its title. As the clause now stood, it comprehended every possible variety of defective titles without fixing those guards which might be necessary in each particular instance.
§ Lord Denmanunderstood, that the noble and learned Lord (Lyndhurst), whose absence they all deeply regretted, was not opposed to the clause in its present shape. The clause would effect a real improvement in the present state of the law, and why should it be specially restricted to the cases of defective title which had arisen under the Bill of last year?
§ Clause was agreed to, on the understanding, that if the object of the noble and learned Baron (Abinger) could not be attained in some other way, by means of a substantive proviso, the words proposed to be inserted should be adopted.
§ On Clause 13, relating to the election of mayors and aldermen,
§ Lord Wynfordproposed, that when the town-council happened to be equally divided with respect to the candidates for those civic offices, the town-councillor who had been elected by the greatest number of burgesses should have the privilege of giving the casting vote.
§ The Lord Chancellorobjected to the proposition. He thought such a plan would place too much power in the hands of particular individuals.
§ The House divided on the original clause: Contents 24; Not-Contents 37: Majority 13.
| List of the CONTENTS. | |
| Lord Chancellor | BISHOPS. |
| Ely | |
| DUKES. | Hereford |
| Cleveland | Salisbury |
| Norfolk | LORDS |
| MARQUESS. | Bateman |
| Lansdowne | Brougham |
| Byron | |
| EARLS. | Denman |
| Cork | Hatherton |
| Ilchester | Holland |
| Leitrim | Langdale |
| Minto | Lovat |
| Scarborough | Poltimore |
| VISCOUNT. | Say and Sele |
| Melbourne | Strafford. |
| List of the NOT-CONTENTS. | |
| DUKES. | BISHOPS. |
| Cumberland | Bangor |
| Wellington | Carlisle |
| MARQUESS. | LORDS. |
| Salisbury | Abinger. |
| EARLS. | Bexley |
| Airlie | Bolton |
| Bandon | Borthwick |
| Beauchamp | Carteret |
| Bradford | Colchester |
| Brownlow | Colville |
| Falmouth | Clanbrassill (Roden) |
| Harrowby | Ellenborough |
| Hillsborough (Downshire) | Fitzgerald |
| Heytesbury | |
| Mayo | Melros (Haddington) |
| Orkney | Moldrum (Huntley) |
| Plymouth | Montagu |
| Selkirk | Redesdale |
| VISCOUNTS. | Saltoun |
| Arbuthnot | Wallace |
| Combermere | Wynford |
§ Lord Abinger moved an amendment, the object of which was to take away the power of aldermen from voting in the election of aldermen in cases of vacancies in that body, and giving the right of election to the town-councillors. This would have the effect of preventing anything like self-election, and was most desirable.
The Lord Chancellor opposed the amendment, on the ground that it would interfere with the other provisions of the Bill. The Bill gave certain powers and authorities to the council to do and per- 408 form certain acts, amongst others to elect aldermen, and it constituted the aldermen part of the council.
§ Lord Abinger, after what had passed, withdrew his amendment.
§ The House resumed.
§ The Bill, as amended, to be printed.