Lords Sitting of 12 April 1922

Preamble
The House met at twelve of the clock, The EARL of DONOUGHMORE on the Woolsack.
BLACKBURN CORPORATION BILL.
Read 2a, and committed.
CROYDON GAS BILL. [H.L.]
Read 2a, and committed.

BOLTON CORPORATION BILL. [H.L.]
THE CHAIRMAN OF COMMITTEES (THE EARL OF DONOUGHMORE): My Lords, I beg to make the Motion standing in my name, which is not unreasonable in order to ensure the passage of the Bill. I think no one will be in any way damnified by the action of your Lordships.
Moved, That Standing Order No. 143 be considered in order to its being dispensed with in respect of the said Bill, and that the Bill be now read 3a.—(The Earl of Donoughmore.)
On Question, Motion agreed to: Bill read 3a accordingly, and passed, and sent to the Commons.

UNEMPLOYMENT INSURANCE BILL.
Message from the Commons: That they have agreed to the Amendments made by the Lords to the Unemployment Insurance Bill without amendment.

HESSLE GAS ORDER, 1922.
LORD SOMERLEYTON: My Lords, I beg to move the Motion standing in my name. It is similar to those which I moved yesterday.
Moved, That the Draft Special Order proposed to be made by the Board of Trade under Section 10 of the Gas Regulation Act, 1920, on the application of the Hessle Gas Light and Coke Company, which was presented on the 10th April and published, by approved.—(Lord Somerleyton.)
On Question, Motion agreed to.

AGRICULTURAL HOLDINGS (SCOTLAND) BILL. [H.L.]
LORD STANMORE: My Lords, I beg to move that this Bill be referred to the Joint Committee on Consolidation Bills.
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Some weeks ago when the Bill was before your Lordships for the Second Reading, I undertook that it should be referred to the Joint Committee on Consolidation Bills. That Committee has now been appointed and I am able to move this Motion.
Moved, That the Bill be referred to the Joint Committee on Consolidation Bills.—(Lard Stanmore.)
On Question, Motion agreed to, and ordered accordingly.

ELECTRICITY (SUPPLY) BILL. [H.L.]
Order of the Day for the Third Reading read.
THE FIRST COMMISSIONER OF WORKS (THE EARL OF CRAWFORD): My Lords, on behalf of my noble friend, the Secretary of State for India, I beg to move that this Bill be now read a third time.
Moved, That the Bill be now read 3a.—(The Earl of Crawford.)
On Question, Bill read 3a, and passed, and sent to the Commons.

GAMING BILL. [H.L.]
Order of the Day for the Third Reading read.
LORD MUIR MACKENZIE: My Lords, in moving the Third Reading of this Bill I think I ought to say a word or two on the subject. It seems to me that, although no opposition has suggested itself, some explanation is due to the House for taking the Bill so rapidly. The circumstances, of course, are peculiar. The Bill was brought in very late in the last session, and although I do not think that your Lordships had any objection to passing it rapidly through on that occasion, it did no good, because when it went down to the House of Commons the Government did not see their way to give it any facilities. But on this occasion, as it appears that the Bill is exactly the same as the one which passed on the former occasion, I thought it was justifiable that it should pass through rapidly and I trust that your Lordships will see no objection to its doing so. I note that there is to be a proposal to add an Amendment to the Bill, and I receive it with considerable pleasure. When it is actually moved I shall, perhaps, have a word to say upon the exact effect of the words proposed to be inserted. I beg to

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move that the Bill be now read a third time.
Moved, That the Bill be now read 3a.—(Lord Muir Mackenzie.)
On Question, Bill read 3a.
Clause 1:
Repeal of 5&6 Wm. 4, c. 41, s. 2.
1. Section two of the Gaming Act. 1835 (which makes money paid to the indorsee, holder, or assignee of securities given for consideration arising out of certain gaming transactions recoverable from the person to whom the securities were originally given), is hereby repealed. No trustee, executor, or other person acting in a representative or fiduciary capacity shall be under any obligation to make or enforce any claim under the said section in respect of any transaction completed before the passing of this Act, or be liable for any breach of duty by reason of any failure to do so.
LORD ASKWITH LORD ASKWITH moved, at the end of the clause, to insert: "No action for the recovery of money under the said section shall be entertained in any court." The noble Lord said: Lord Muir Mackenzie, on a previous occasion, explained to your Lordships the circumstances in which this Bill, as originally introduced, was altered. It was really because a noble and learned Lord wished to consider the question of vested interests, and indicated that he thought the Act might be retrospective in its character. With regard to vested interests, or vested rights, in this case they were more likely to be vested wrongs. At any rate, this action to which the noble and learned Lord has alluded came as a great surprise to the whole community, who had thought that if they paid a bet by cheque it was as valid a transaction as if they paid it in gold, silver, or pence. They found that according to the law they were wrong, and actions have since been heard for the recovery of bets that were paid, possibly in good faith, by cheques. That seems to me to be a very unsatisfactory state of affairs, and in order that the law may be perfectly clear and that no action shall be brought upon these cheques I placed on the paper the Amendment that stands in my name.
The law as it stands at present is in favour of sharps; it also leads to Judges, counsel, solicitors and the public trying to evade it; it puts trustees and executors in a most invidious position; and it is apt to open up, after a man's death, transactions which he himself, had he been alive, might, perhaps, have been the last to desire to open up. I think, too, that the manner in which the law now works
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is very unfair to one section of the community—the bookmakers. They way be trying to conduct their business honestly and yet find those whom they have trusted turning against them. That means that their business has to be conducted under the anxiety that any cheque they receive in payment of a bet may have to be repaid. There has been a considerable number of actions in the Courts; more, I think, than were anticipated. The noble and learned Lord alluded yesterday to several cases in which very stringent remarks had been made by Judges as to the effect of the law. I think, therefore, it is in the interest of the public that the law should be made clear and that these transactions in the Courts should not be allowed. With that object in view, I beg to move the Amendment which stands in my name.
Amendment moved—
Clause 1, line 16, at end insert ("No action for the recovery of money under the said section shall be entertained in any court).—(Lord Askwith.)
LORD MUIR MACKENZIE: My Lords, I am very glad that the noble Lord has thought fit to move this Amendment. I told the House on the Second Reading that I should be glad if something of the sort were done, because it agreed entirely with the opinions I ventured to express to your Lordships on bringing forward the Bill in that form last session. It is just possible, I think, that the words which the noble Lord proposes to put in make unnecessary certain other words with regard to trustees which are already in the Bill. I do not think, however, that it matters, and on the whole the proposed words make the Bill read more clearly than it would otherwise have done. I very gladly accept the Amendment.
On Question, Amendment agreed to.
LORD MUIR MACKENZIE: My Lords, I beg to move that this Bill do now pass.
Moved, That this Bill do now pass.—(Lord Muir Mackenzie.)
On Question, Bill passed, and sent to the Commons.
House adjourned during pleasure.
House resumed.

ROYAL COMMISSION.
The following Bills, and Measure passed according to the provisions of Section four

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of the Church of England Assembly (Powers) Act, 1919, received the Royal Assent:—

Pawnbrokers.

Army and Air Force (Annual).

Unemployment Insurance.

Diseases of Animals.

East India Loans (Railways and Irrigation).

Kenya Divorces (Validity).

Marriages Provisional Order.

Highland Railway Order Confirmation.

Tees Conservancy.

Madras Railway Annuities.

Milford Docks.

Representation of the Laity (Amendment) Measure, 1922.

THE EASTER RECESS.
LORD COLEBROOKE: My Lords, I beg to move that the House do now adjourn until Tuesday, May 2.
Moved accordingly, and, on Question, Motion agreed to.
[From Minutes of April 11.]
SUNDERLAND AND SOUTH SHIELDS WATER BILL.
DURHAM COUNTY WATER BOARD BILL.
METROPOLITAN RAILWAY BILL.
SHEFFIELD GAS COMPANY BILL.
WORTHING CORPORATION BILL.
Brought from the Commons; read 1a; and referred to the Examiners.

MILFORD DOCKS BILL. [H.L.]
Returned from the Commons, agreed to.
MORTON'S DIVORCE BILL. [H.L.]
Message from the Commons for copy of the Minutes of Evidence taken before this House, together with the proceedings and the documents deposited in the cases: Ordered to be communicated with a request that they may be returned.
MAGUIRE'S DIVORCE BILL. [H.L.]
Minutes of evidence and proceedings before this House on the Second Reading, together with the documents deposited in the cases, returned from the Commons.

CONSOLIDATION BILLS COMMITTEE.
Message from the Commons to acquaint this House that they have appointed a Committee of six members to join with the Committee appointed by this House, as mentioned in their Lordships' Message of the 6th instant, to consider all Consolidation Bills in the present session.
The LORD SPEAKER The LORD SPEAKER acquainted the House, That the Clerk of the Parliaments had laid upon the Table the Certificate from the Examiners that the further Standing Orders applicable to the following Bill have been complied with:
Blackburn Corporation.
Also the Certificate from the Examiners that the Standing Orders applicable to the following Bill have been complied with:
Croydon Gas [H.L.]
And also the Certificate that the Standing Orders have not been complied with in respect of the Petition for Additional Provision in the following Bill:
Dartmouth Harbour Commissioners (Reconstitution). [H.L.]
The same were ordered to lie on the Table.

SANDWICH PORT AND HAVEN BILL. [H.L.]
The Order made yesterday appointing certain Lords the Select Committee to consider the Bill, discharged.
MINISTRY OF HEALTH PROVISIONAL ORDER (CARDIFF EXTENSION) BILL.
Reported from the Select Committee, with Amendments, and re-committed to a Committee of the Whole House. Bill to be printed as amended.
BOLTON CORPORATION BILL. [H.L.]
Reported from the Select Committee, with Amendments.
RUGBY SCHOOL BILL. [H.L.]
Reported, with Amendments.
YORKSHIRE ELECTRIC POWER BILL. [H.L.]
Reported, with Amendments.

TORQUAY CORPORATION (ELECTRICITY) BILL. [H.L.]
Committed.
House adjourned at half-past twelve o'clock till Tuesday, May 2, a quarter past four o'clock.