Lords Sitting of 6 April 1865

MINUTES.
PUBLIC BILLS—First Reading— Record of Title (Ireland)* (63); Inclosure* (64).
Second Reading—East India (Governor General's Powers, &c.)* (57).
Third Reading—Bank of Ireland* (19); East India High Courts* (62); Private Bill Costs (51) and passed.

PRIVATE BILLS.
On the Motion of the CHAIRMAN of COMMITTEES it was Ordered—
That no Private Bill brought from the House of Commons shall be read a Second Time after Thursday the 29th Day of June next:
That no Bill confirming any Provisional Order of the Board of Health, or authorizing any Inclosure of Lands under special Report of the Inclosure Commissioners for England and Wales, or for confirming any Scheme of the Charity Commissioners for England and Wales, shall be rend a Second Time after Thursday the 29th Day of June next:
That no Bill confirming any Provisional Order made by the Board of Trade under the General Pier and Harbour Act, 1861, shall be read a Second Time after Thursday the 29th Day of June next:
That when a Bill shall have passed this House with Amendments, these Orders shall not apply to any new Bill sent up from the House of Commons which the Chairman of Committees shall report to the House is substantially the same as the Bill so amended.—(The Chairman of Committees.)

PRIVATE BILL COSTS BILL—(No. 51.)

  THIRD READING.
  Bill read 3a (according to order), with the Amendments.
  THE DCKE OF CLEVELANDsaid, that if the Bill were passed in its present shape it might be attended with very injurious
  768
  consequences. The case of a landowner who in opposing a Bill which affected his property was merely protecting his rights was very different from that of other opponents. Of course it was necessary that the person should be a bonâ fide landowner, and that his opposition should be bonâ fide; but if that were so, it was extremely hard that he should run the risk of being made liable to costs while merely attempting to defend his property. He begged, therefore, to move the introduction of a clause to this effect—that no opponent of a Bill which proposed to take away any portion of the property of such opponent should be liable to costs if he failed in his opposition to the Bill.
  THE LORD CHANCELLORsaid, he was sure their Lordships would agree as to the propriety of introducing some such proviso as that proposed by the noble Duke; but his apprehension was that the words suggested would not meet the case of persons who, under the guise of landowners, were put forward by a rival Company to oppose a Bill in the most vexatious manner. He should therefore suggest that, instead of the noble Duke's clause, some such words as these be inserted—
  "And that if such opposition has not been made bonâ fide by a landowner or landowners, then the promoters shall be entitled to recover from the opponents such portion of the costs as the Committee may think fit."
  THE DUKE OF CLEVELANDsaid, he would readily adopt the words of the noble and learned Lord.
  LORD HOUGHTONsaid that the Amendment suggested by the noble Duke and the noble and learned Lord was perfectly agreeable to his own views; but if the other House should object he would not bind himself to defend it to the extent of risking the loss of the Bill.
  THE LORD CHANCELLORsuggested the insertion of the following proviso.:—
  "Provided always that no landowner who bond fide opposes a Bill which proposes to take any portion of his property for the purposes of the Bill shall be liable to any costs in respect to his opposition to such Bill."
  Amendment agreed to.
  Further Amendments made; Bill passed, and sent to the Commons.

  RECORD OF TITLE (IRELAND) BILL [H.L.]
  A Bill for the Recording of Titles to Land in Ireland—Was presented by The Lord Chancellor; read 1a; and to be printed. (No. 63.)
  House adjourned at a quarter before Six o'clock, till To-morrow, Two o'clock.