HL Deb 24 June 1852 vol 122 cc1266-7

On Motion that this Bill be read a Third Time,

The DUKE of NEWCASTLE

said, he was not altogether satisfied with the noble Earl's (the Earl of Desart's) explanation of this measure. It appeared to have reference to the sale of waste lands in the Colonies; and, inasmuch as he believed it had not been the practice hitherto to apply the proceeds of the sale of waste lands to the purposes of the mother country, he did not quite understand the meaning of the proviso to the second clause, that the surplus not applied to "such public purposes of such Hereditary Casual Revenues" should be carried to the Consolidated Fund. He should like to have some explanation of the measure, and to be informed whether it had reference to the waste lands alone, or whether it included the gold discoveries in the Colonies. He understood that the Government had resolved most wisely to apply the produce of such discoveries to colonial purposes. If that were the intention of the Act, he highly approved of it.

The EARL of DERBY

said, considerable doubts had arisen whether the practice which had been pursued for some time, of appropriating the waste lands in the Colonies, by the authority of the Crown and of the Colonial Legislatures, constituted, in point of fact, a legal appropriation. It was intended by this Bill, notwithstanding the surrender of the Crown revenues, to authorise, as formerly, the appropriation of the casual revenues, whether arising from waste lands, or from the discovery of large mineral treasures, to colonial purposes. If the Act were not passed, such discoveries would be subject to appropriation by Parliament, and would not be applicable to those colonial purposes to which the other casual revenues were now applied.

The DUKE of NEWCASTLE

begged again to call the noble Earl's attention to the clause with reference to the appropriation of the surplus to the Consolidated Fund. It appeared to be a mode of appropriation that was inconsistent with previous practice.

The EARL of DERBY

The opportunity for such an application of the surplus may never arise.

The DUKE of NEWCASTLE

It is the principle to which I am calling attention.

The EARL of DERBY

To maintain the just rights of the Crown, it is necessary that this new arrangement should he made.

Bill read 3a; an Amendment made; Bill passed, and sent to the Commons.