HL Deb 26 July 1856 vol 143 c1480

Returned from the Commons with the Amendment which the Lords disagreed to, insisted upon, with the Commons' Reasons.

THE LORD CHANCELLOR moved that their Lordships do not insist upon disagreeing to the Commons' Amendments to this Bill. The principal Amendment was the introduction of a clause which would prevent Sir Thomas Wilson, Baronet, building upon Hampstead Heath, but which was general in its operation, and would apply to all persons similarly situated. It provided that the Court of Chancery should not be at liberty to give relief to any person who had already applied to Parliament for such relief, and been refused; and the principle upon which the Commons supported this Amendment was, that no judicial power or authority created by Parliament ought to have a retrospective operation, and that the Court of Chancery ought not to be invested with powers for the purpose of reviewing the past decisions of the Houses of Parliament. He would move not to insist upon the disagreement to the said Amendment.

LORD REDESDALE

observed that on the previous evening their Lordships had divided on the clause introduced by the Commons to prevent Sir Thomas Wilson from exercising the ordinary power which this Act conferred upon all other tenants for life. The numbers were equal, and consequently the Amendments were sent back not agreed to. However, on that day, the House of Commons had, by vote, insisted on their Amendments, notwithstanding the result of the division in their Lordships' House. He still believed the clause in question to be a very objectionable one.

THE EARL OF HARROWBY

said, that Sir Thomas Wilson only came under the general principle of this clause, which appeared to him to be a very just one.

On Question, not to insist, their Lordships divided:—Content 10; Not Content 6: Majority 4.

Motion agreed to; and a message sent to the Commons to acquaint them therewith.

House adjourned to Tuesday next.