Sitting of 15 August 1848

MINUTES.
PUBLIC BILLS,—2° Controverted Elections; Local Acts; Commons Inclosure (No. 2).
Reported—Militia Pay; Out Pensioners; Parochial Debt and Audit; Sheep, &c, Importation Prohibition.
3° and passed:—Steam Navigation.
PETITIONS PRESENTED. By Mr. George Hamilton, from
144
the Protestant Inhabitants of the United Parishes of Omey and Ballindoon, in the County of Galway, for Encouragement to Schools in Connexion with the Church Education Society (Ireland).—From the Clergy of the Diocese of Elphin, Ireland, for an Alteration of the Poor Law (Ireland).

PAROCHIAL DEBT AND AUDIT BILL.
On the Motion for bringing up the Report,
MR. C. BULLERstated, that the object of this Bill had been much misunderstood. It did not increase the power of the Poor Law Commission, or aggravate the severity of the present law. On the contrary, it limited the one, and decreased the other. Its object was, in fact, to authorise certain payments of the boards of guardians not allowed by the strict letter of the existing poor-law. The present system of auditing had had the effect of making the law unduly stringent upon this head. The fourth clause was the most important one in the Bill, giving, as it did, power to the Commissioners to hear and decide on appeals with reference to allowances and disallowances, and to decide upon the merits of each individual case. He had received from all parts of the county general expressions of satisfaction at the provisions of the Bill, and the prospect they held out of mitigating many of the severities complained of under the present law.
Report received.
House adjourned at Five o'clock, there being only thirty Members present.

MINUTES,
PUBLIC BILLS.—1a Steam Navigation; Assessionable Manors Commissioners (Duchies of Cornwall and Lancaster).
Reported.—Constabulary Force (Ireland); Parliamentary Electors; Turnpike Roads (Ireland); Proclamations on Fines (Court of Common Pleas); Churches.
3a and passed:—Unlawful Oaths Acts (Ireland) (Continuance and Amendment); Militia Ballots Suspension.
PETITIONS PRESENTED. From King's Sutton, and several other Places, against the Sale of Intoxicating Liquors on Sundays.—From Halfmorton, North Uist, and several other Places, for Facilitating the Attainment of Sites for Churches (Scotland).—From the Parishes of St. Marylebone, and St. Luke, for the Prevention of Sunday Trading.—From Parish Schoolmasters within the Presbytery of Cupar, for the Improvement of Parish Schools of Scotland.

PUBLIC HEALTH BILL.
LORD CAMPBELLmoved the consideration of the Commons' Amendments to the Lords' Amendments to the Public Health Bill, and after stating the amendments made by the Commons to their Lordships' amendments, the noble Lord said that it was for their Lordships to choose whether they would waive their amendments, or throw out this Bill. There was no alternative: it was hopeless to insist on their Lordships' amendments. He trusted that their Lordships would show an example of moderation and forbearance; and, for the sake of the safety of the Bill, that they would agree to what the Commons had proposed, and would be satisfied with the amendments which they had accepted, waiving those which they had rejected.
The EARL of ELLENBOROUGHsaid, that after what had taken place in this House, their Lordships had a right to expect that their amendments would have re-
142
ceived the support of a united Government in the other House. He supported the propriety of the amendments, which, ha said, had been adopted with the best intentions. He objected to the amendments of the Commons, as they might lead to jobbing in the local boards. He deeply regretted what had passed as to this Bill; but at the same time he would not, on his part, even if he had the hope of inducing their Lordships to agree with him in rejecting any of these amendments, give the House of Commons an excuse for rejecting this Bill. The Bill was not what it ought to be; it was not what he trusted it would be, but it was still a great public good, and they should not have, through him, the excuse of depriving the public of it.
The MARQUESS of LANSDOWNEagreed that it was necessary to waive their Lordships' amendments, at the same time regretting that the Commons had not acceded to them. He and his noble and learned Friend had entertained a strong hope that the House of Commons would have waived, as regarded this Bill, that portion of their privileges which, although sacred in many constitutional respects, were impediments in matters of this kind.
LORD REDESDALEsaid, of all the clauses in the Bill he considered that relating to the consumption of smoke to have undergone the greatest care; and he very much regretted its rejection by the Commons. The clause had been introduced by the Committee upstairs, with the full sanction of Her Majesty's Government; he therefore thought the Government were to blame for having allowed it to be struck out by the Commons. The reason assigned for its rejection was the reverse of the fact, namely, that it was the subject of separate legislation. Every attempt to make it so had failed; while, on the contrary, as a subject in connexion with other measures it had always succeeded. In Liverpool, Manchester, Leeds, and Derby, the enactment had been applied; why, therefore, it should be excluded from the provisions of this Bill he could not understand. It was essentially a poor man's question, for the weavers of this town were obliged to work from morning till night with every window of their small rooms closed, because the smoke which came from the neighbouring factories injured their work. The parties who were against the abolition of this nuisance were the great chimney owners. They were a small class, but a very important one. If, however, the Govern-

143
ment gave way to that influence, there would be no chance of any measure on this subject being carried. He hoped the Government would assent to the reintroduction of the clause.
LORD PORTMANregretted as much as his noble Friend, that these clauses had been rejected by the Commons. He thought, however, that it would be unwise to risk such a Bill, by pressing this clause at such a late period of the Session. He trusted that at an early period of the next Session a Bill would be introduced to remedy this evil, and which he hoped would prove successful.
The DUKE of ARGYLLentirely concurred in the feelings of regret which had been expressed, that the Commons had rejected the amendments introduced by their Lordships.
LORD CAMPBELLin reply, said, that he could assure the House that the Government had used every exertion to carry these amendments; but they had been unsuccessful, in consequence of the irregular combination of parties against them. It was not until the Government saw that there was no chance of success that they were induced to abandon all hope of carrying these amendments. He trusted, however, that they would be carried into effect at some future period. He was glad to find the unanimity which prevailed as to the course to be pursued by their Lordships; and he trusted that the noble Lord (Lord Redesdale) would not persist in his proposal, but take the judicious advice of the noble Earl (the Earl of Ellenborough). This Bill was not now so perfect or beneficial as it might be, still it contained many most beneficial enactments.
The EARL of DESARTexpressed a hope that some arrangement would take place so as to put the privileges of both Houses on a better footing than they now were, as many of them were productive of great inconvenience.
Commons' Amendments agreed to.
Lords Amendments disagreed to by the Commons not insisted on.
House adjourned.