HL Deb 27 June 1865 vol 180 cc857-9

Order of the Day for the House to be put into a Committee read.

THE EARL OF MALMESBURY

said, that though he had several Amendments to propose on this Bill, he had no wish to oppose its passing. He was desirous that the salmon fisheries should be protected and improved, but not at the expense of private rights, and he hoped that in revising the Bill their Lordships would remember that two years ago they had rather hastily taken upon themselves to decide several points in opposition to the opinion of the Lord Chancellor, three ex-Chancellors, another noble and learned Lord, and the two noble Earls who led the two sides of the House. The consequence was that a noble Lord who had been very zealous for the Bill came down the other night conscience-stricken and admitted that the Bill had been a failure; that it had committed great injustice, and that it must be remedied, if justice was to be expected from that House. He hoped that their Lordships in considering the Bill would not be carried away by a salmomania.

House in Committee (according to Order).

Clauses 1 to 13, inclusive, agreed to.

Clause 14 (Ex-officio Members of Board).

THE EARL OF MALMESBURY

proposed an Amendment, providing that no person should be a conservator who was not the owner or occupier of fifty acres of land abutting on the stream within the limits of the fishery district.

LORD STANLEY OF ALDERLEY

objected to restricting the discretion of the magistrates in the selection of these officers.

Amendment negatived.

Clause agreed to.

Clauses 15 to 30, inclusive, agreed to.

Clause 31 (Order for Entry of Water-Bailiff on Land).

THE EARL OF MALMESBURY

objected to the extraordinary powers conferred upon watchers to enter upon premises and to remain there for three days and nights, and therefore moved the omission of the clause.

LORD STANLEY OF ALDERLEY

said, the clause was only an extension of a clause in the Irish Salmon Fishery Act.

LORD CHELMSFORD

suggested that the clause should apply to premises not being a dwelling-house or garden.

LORD STANLEY OF ALDERLEY

agreed to the Amendment.

Clause amended, and agreed to.

Clauses 32 to 39, inclusive, agreed to.

Clause 40 (Commissioners to inquire as to fixed Engines).

LORD CHELMSFORD

said, that the clause gave to the Commissioners unusual and arbitrary powers, and moved that it be omitted from the Bill.

On Question, that the said Clause stand Part of the Bill? their Lordships divided:—Contents 13; Not-Contents 7: Majority 6.

Amendments made; The Report thereof to be received on Thursday next; and Bill to be printed, as amended. (No. 229.)

CONTENTS.
Westbury, L. (L. Chancellor.) Abinger, L.
Clandeboye, L. (L. Dufferin and Claneboye.)
Somerset, D. Llanover, L.
Lovat, L.
Clarendon, E. Stanley of Alderley, L. [Teller.]
De Grey, E. [Teller.]
Granville, E. Sundridge, L. (D. Argyll.)
Saint Germans, E.
Gloucester and Bristol, Bp.
NOT-CONTENTS.
Malmesbury, E. [Teller.] Denman, L.
Monteagle of Brandon L
Redesdale, L.
Chelmsford, L. [Teller.] Somerhill, L (M. Clanricarde.)
Cranworth, L.