§ The Commons' Amendments to the Amendments made by the Lords, together with the Commons' reasons for disagreeing to some of the said Amendments, considered.
§ LORD BROUGHAM moved that the Lords agree with the Commons' Amendments to this Bill, with the exception of the reinsertion of Clause 17, which, by giving the power to appropriate the town-halls for the purposes of these courts, interfered with the rights of property.
The LORD CHANCELLORconcurred that the clause in question was a departure from the ordinary practice of Parliament, inasmuch as it interfered with the rights of property without providing compensation.
§ LORD BEAUMONThad been, in the first instance, at a loss to conceive how the clause could have been originally passed by the House of Commons; but he was still more astonished to find that they had replaced it. He did not wish to risk the passing of the Bill; and perhaps the clause did not go so far as some noble Lords imagined, for it only provided that the county courts should have the use of the town halls when not wanted for other purposes. He thought it better to pass the Bill as it was, and remove the injustice complained of in a future Session, rather than risk the loss of the measure altogether.
§ The EARL of ELLENBOROUGHconsidered it to be the duty of their Lordships to protect the rights of property, without reference to what course might be taken in another place in consequence.
§ EARL GREYreminded their Lordships that these county courts were for the benefit of the corporations to whom the town-halls belonged. The town-halls were public property, and there was no interference whatever with private property.
LORD BROUGHAMwas disposed, after the explanation which had been given, to move that their Lordships agree to all the Commons' Amendments. If necessary, they might remedy the injustice of the 17th clause in another Session.
§ Their Lordships divided on Question to agree to the Commons' Amendment:—Contents 13; Not-Contents 11: Majority 2.
List of the NOT-CONTENTS. | |
The Lord Chancellor | Mountcashell |
MARQUESS. | Nelson |
Salisbury | Powis |
EARLS. | Glengall |
Hardwicke | Ellenborough |
Talbot | LORD. |
Roden | Redesdale |
§ Amendment agreed to, as were the other of the Commons' Amendments.
§ House adjourned till To-morrow.