Lords Sitting of 26 June 1896

PEERS INTRODUCED.
Henry John Brinsley Manners, Esquire (commonly called the Marquess of Granby) having been summoned Writ to the House of Lords in his father's Barony of Manners of Haddon—Was (in the usual manner) introduced.
The Right Hon. Edward Heneage, having been created Baron Heneage of Hainton, in the County of Lincoln—Was (in the usual manner) introduced.
John Wingfield Malcolm, Esquire, C.B., having been created Baron Malcolm of Poltalloch, in the County of Argyll—Was (in the usual manner) introduced.

PRIVATE BUSINESS.
  PILOTAGE PROVISIONAL ORDER BILL.
  Reported from the Select Committee without Amendment, and committed to a Committee of the Whole House.
  BELFAST CORPORATION BILL.
  Brought from the Commons; Read 1a; and referred to the Examiners.

FLOODS PREVENTION BILL [H.L.]
Considered in Committee.
[The EARL OF MORLEY, Chairman of Committees, in the Chair.]
Clause 1,—

FLOODS PREVENTION BILL [H.L.]

  POWER OF COUNTY COUNCIL TO KEEP WATERCOURSES AND WORKS IN ORDER, AND REMOVE OBSTRUCTIONS.
  For the purpose of the prevention of floods or other damage arising from rivers or watercourses, a County Council may, within their county—

  (a) Cleanse, repair, or otherwise keep in duo state of efficiency, any watercourse, weir, hank, dam, or defence against water, or other work of a like nature.

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  (b) Construct any new work in the place of any such work as aforesaid which is out of repair or not efficient, and carry out any improvement or alteration of any such work which does not materially change the character of the work.

  (c) Remove any obstruction from time to time caused by any natural causes or by any accident, or any accumulation or deposit which interferes with the proper flow of water in any watercourse; and

  (d) Remove, by agreement with the owner and occupier thereof, any mill, weir, dam, or other obstruction in a watercourse, not being an obstruction above in this section mentioned.

  THE EARL OF CAMPERDOWN THE EARL OF CAMPERDOWN moved to omit the word "and" at the end of Sub-section (c), and to insert the following new Sub-section (d):—
  "Proceed at law against any person or persons who shall illegally raise any weir or dam, or otherwise illegally obstruct the flow of water in any watercourse; and,"
  One of the main causes of floods, at all events, on small streams, was, he said, that persons having small mills did not clear out their mill beds, and when the water ceased to flow they merely raised the weir 2 or 3 inches. The object of the Amendment was to avoid this in future.
  LORD THRINGthought the Amendment was an improvement.
  Amendment agreed to.
  Clause 1, as amended, ordered to stand part of the Bill.
  Clause 3,—

  EXPENSES.
  (1.) A County Council (not being the council of a county borough) may order that any of the expenses incurred by them in the execution of their powers under this Act may be levied off any county district (with the consent of the council of such district) or parish (with the consent of the parish council, or when there is no parish council of a parish meeting) provided that in the opinion of the council such county district or parish is specially benefited by the works in respect of which those expenses have been incurred, and in that case those expenses shall be levied as expenses for special county purposes.
  (2. Notice of any such order shall be given to the council of any district or parish off which the expenses are to be levied, and any such council may, if such works have not been executed at its request or with its consent,

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  appeal to Local Government Board, within a time to be fixed by the Board, against such levy, and the decision of that Board shall be final. In the case of a pariah not having a parish council notice under this section shall be given to the chairman of the parish meeting, and the chairman, if authorised by resolution of the parish meeting, may appeal on behalf of the parish in like manner and subject to the like provisions as the council of a parish having a parish council.
  (3.) Except as above in this section mentioned, all expenses under this Act of a County Council (not being the council of a county borough) shall be defrayed and levied as expenses for general county purposes, and the expenses under this Act of the council of a county borough shall be defrayed out of the borough fund or borough rate.
  THE EARL OF CAMPERDOWN THE EARL OF CAMPERDOWN moved to insert in Sub-section (1) after the words "parish meeting," the words "or off any part of a parish," with the object of enabling any property specially benefited by the improvements made to be rated if the County Council should see fit.
  LORD THRINGsaid he had no objection to the Amendment.
  THE SECRETARY TO THE BOARD OF TRADE (The EARL of DUDLEY)pointed out that, although the Amendment might be a just one, there existed no machinery in the Local Government Act by which the noble Lord's proposal could be carried out.
  Amendment, by leave, withdrawn.
  LORD THRING LORD THRING moved, to leave out Sub-section (2) on the ground that it was considered unnecessary.
  Amendment agreed to
  Clause 3, as amended, ordered to stand part of the Bill.
  Clause 6,—

  SAVING FOR SEWERS AND WORKS OF OTHER AUTHORITIES.
  Nothing in this Act shall authorise the County Council to interfere with any sewers or other works of any other County Council, or of a District Council, or of a river authority, used for the purpose of draining any part of their district, without the assent of that council or authority.
  LORD THRINGsaid that when he moved the Second Reading of the Bill
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  he undertook that it should not interfere with the rights of any existing water company. In order to carry out that undertaking he now moved to add at the end of the clause the following subsections:—
  (2) To interfere with the rights, privileges, works, or property of any river authority without the assent of such authority; or
  (3) To interfere with the supply of water to any watercourse belonging to or under the control of any river authority so as to injuriously affect such supply without the assent of such authority; or
  (4) To interfere with the supply of water of any person or body of persons supplying water to any town or place so as to injuriously affect such supply without the assent of such person or body of persons.
  Amendment agreed to; clause as amended ordered to stand part of the Bill.
  Clause 7,—

  DEFINITIONS.
  In this Act—
  The expression "watercourse" includes any river, stream, drain, culvert, outfall, and passage in, over, or through which water flows, but does not include any sewer or drain vested in any sanitary authority.
  The expression "river authority" includes any commission or commissioners of sewers who exorcise powers under the Land Drainage Act, 1861, or any other Act, and any conservators or other body in whom the control of any watercourse is vested under, or in pursuance of, any public or local Act of Parliament;
  The expressions "county" and "County Council," respectively, refer to an administrative county as defined by the Local Government Act, 1888 (including a county borough), and to the council of such a county;
  The expressions "District Council" and "county district" have the same meanings as in the Local Government Act, 1894.
  LORD THRING LORD THRING moved, after the word "river," to insert the words "canal inland navigation."
  Amendment agreed to.
  LORD THRING LORD THRING moved, after the word "sewers," to insert the words "drainage board."
  Amendment agreed to.
  LORD THRING LORD THRING moved, after the word "conservators," to insert the words "proprietors of inland navigation."
  Amendment agreed to.
  Bill re-committed to the Standing Committee; and to he printed as amended.—(No. 166.)

EDINBURGH UNIVERSITY (TRANSFER OF PATRONAGE) BILL [H.L.]
Considered in Committee (according to Order). Bill reported without amendment; and re-committed to the Standing Committee.
House adjourned at Ten minutes before Five o'clock, to Monday next, a Quarter before Eleven o'clock.