Lords Sitting of 10 June 1859

MINUTES.
Took the Oath.—Several Lords.
PUBLIC BILLS.—1a Sale of Gas.
2a Vexatious Indictments; Debtor and Creditor; The Companies (1859): Law of Property and Trustees Relief Amendment.

THE MILITIA.—QUESTION.
LORD AVELANDasked the Undersecretary of War whether any and what steps had been taken to afford instruction in musketry practice, and in the use of the rifle to the staffs of the disembodied militia regiments, so that they might be competent to teach their men; and whether any Enfield rifles had been issued to them or to the regiments of militia ordered for training?
LORD ROSSLYNsaid, that his noble Friend at the head of the War Department had conferred with the General Commanding-in-Chief, and arrangements had been made to send a portion of the permanent staffs of the disembodied militia regiments to Hythe for instruction in rifle practice. No Enfield rifles had been issued to the disembodied militia regiments, but some had been already issued to the embodied regiments, and it was intended to issue more from time to time, as the men should be reported to have become proficient in the use of the weapon.

ENDOWED SCHOOLS.
  OBSERVATIONS.
  LORD BROUGHAMsaid, that he had on the previous evening presented eight petitions, praying for an Amendment in the law relating to the trustees of endowed schools. In consequence of the conflicting legal opinions with reference to the eligibility of Dissenters to serve as trustees, there had for a long time been constant litigation in places where those schools existed. In one case no less than between £4,000 and £5,000 had been spent in law costs. He had given notice of his intention to bring in a Bill to amend the law with reference to these schools; but he understood that one having that object was about to be introduced in "another place" by an hon. and learned Friend of his, and believing that the question was in safe hands, he should await the progress of his hon. and learned Friend's measure.
VEXATIOUS INDICTMENTS BILL.

  SECOND READING.
  Order for Second Reading read.
  LORD CAMPBELL LORD CAMPBELL moved that the Bill be now read 2a. The present Bill was, word for word, the same with that he had introduced in the last Parliament, and which had passed through all its stages in their Lordships' House without a division. It was sent down to the other House, where his hon. and learned Friend the Attorney General had consented to take charge of it, concurring in all its provisions.
  LORD WENSLEYDALEsaid, he still entertained the same objection to the Bill which he expressed last Session—namely, that it would interfere with the privilege which every subject of the realm possessed to put the criminal law in motion.
  LORD LYNDHURSTsaid, that he was very much inclined to take the same view of the measure as his noble and learned Friend (Lord Wensleydale), but as it had in the last Session passed through all its stages without a division he thought they ought not now to oppose the second reading. As, however, the Bill had been read a first time only on the previous evening, he thought he was moving the second reading at a very early period. He presumed that his noble and learned Friend was anxious to have all the credit which might attach to the author of a good Bill, and was therefore afraid lest anything might interfere to take this measure out of his hands. Perhaps, too, his noble and learned Friend was anticipating an elevation from his present to a still higher judicial position. Should his anticipations prove well-founded, he (Lord Lyndhurst) was sure that his noble and learned Friend would discharge the duties of his future position with as much ability as that which had characterized the performance of his previous judicial functions.
  LORD CAMPBELLsaid, he could assure his noble Friend opposite that it was his noble and learned Friend the Lord Chancellor, (and long might that noble and learned Lord be Lord Chancellor), who had suggested to him to move the second reading that evening.
  THE LORD CHANCELLORsaid, he would, in the first place, thank his noble and learned Friend (Lord Campbell) for his kind wish, which he was sure was a sincere one. It was quite true, that when his noble and learned Friend had named a more distant period for the second reading, he (the Lord Chancellor) suggested

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  that as it was a measure which had been already discussed by their Lordships, there would probably be no objection to reading it; a second time that day in order that it might be passed through their Lordships' House as quickly as possible. As to the objections which had been urged to the Bill, he might state that its object was to prevent a person going before a grand jury and preferring an indictment against a party behind his back and without notice, and then procuring a warrant and getting him arrested with the view only perhaps of extorting money. The Bill, in order to meet this evil, provided that these charges should in the first instance be publicly investigated before a magistrate, and he confessed he could not see in such a provision any interference with the rights and privileges of the subject. He therefore did not apprehend that their Lordships would have any difficulty in giving their assent to the second reading.
  Motion agreed to. Bill read 2a
  Committee negatived.
  House adjourned at a quarter before Six o'clock, till To-morrow, half-past Ten o'clock.