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the fine, for selling in the streets on a DR. TANNER: Then, Sir, I will Sunday copies of a Dublin evening paper, move the rejection of the whole Act. It The Evening Telegraph. Now, in the is an enactment that is the cause of a course of my residence in the Metropolis, great deal of mischief in the North of I have continually seen papers that are Ireland when entrusted to the adminisbrought out on Sunday morning-The tration of people too ready, by encouObserver and other papers - hawked raging such speeches as the noble Lord about and sold freely in the London opposite (Lord Randolph Churchill) has streets. Now, if this Act is to be carried delivered and by other means, to inflame out at all, let it have equal application the feelings of religious fanaticism, to all round; but do not give to Justices the danger of the community at large. I power which, in many instances, they use sincerely hope the Committee will supin antagonism to the general interests port me in the Motion to omit this Act. of the people. It is, unfortunately, the case in my country that they do use their
Amendment proposed, in page 3, lines powers in a manner antagonistic to the 36 and 37, to leave out Item 20.-. interests of the people, and they use this (Dr. Tanner.) antiquated old law in an unfair way. Question proposed, “That the Item Unless the right hon. Gentleman will proposed to be left out stand part of the answer my request, and satisfy the Com- Schedule.” mittee-as he ought to satisfy the Committee—that there shall be a fair MR. BRADLAUGH (Northampton): and square application of the Act all I trust that this Motion will not be round in the future, I shall have to pressed by the hon. Member for Mid persevere in my Motion. It is much to Cork (Dr. Tanner). I do not know whebe deprecated that in the North of Ire- ther he understands the effect of striking land, where there is a certain amount of this item out. I regard these Sunday religious antagonism, the application of Observance Acts as of most obnoxious this Act for the observance of the Lord's character; but this particular Act limits Day-commonly called Sunday-should the effect of them, and provides that be made the means of further inflaming they shall only be enforced under the the opinions of people who do not agree responsibility of a responsible officer. I upon religious observances. I really think myself the old Act is most objecthink that, instead of repealing merely tionable; but it is difficult to discuss one section of the Act, it would be better that on this Expiring Laws Continuance that the whole series of these Acts should Bill, and I do not want to occupy time. be repealed. I am myself opposed to I am against the law, and for this the closing of all places of amusement reason I oppose the Amendment, which, on Sunday. I think it is hard that being carried, would make the effect of people who have only one day in seven the old law much more harsh. at their disposal should be debarred from MR. CLANCY: I do not know whevisiting museums and such places then. ther my hon. Friend the Member for
THE CHAIRMAN: The hon. Member Mid Cork will persist in his Motior. I is now entering too fully into the prin- fancy he will not. The reference he has ciple of the Act—not confining himself to made to a prosecution in Derry was a his Amendment. And as to the Amend- very aggravated case. It appears that ment again, I find, on reference, that the Orange Magistrates of Derry, having one of my Predecessors in the Chair allowed the sale of Orange papers on has ruled - a proposal being made to Sunday year after year, took the very amend an Act contained in a Continu- first opportunity they could of trying to ance Bill by the omission of a portion of stop the sale of a National paper on a clause—that such an Amendment could Sunday. Such an instance of gross not be entertained, and that by an partizanship naturally led my hon. Amendment the Committee could only Friend to move the omission of an Act decide whether a whole Act, or any sub- under which it is in the power of mastantial part of an Act, should be main- gistrates in the North of Ireland to intained in the Bill. The Bill cannot be dulge in such an unfair and foolish proamended by striking out the words in ceeding. the Act to which the hon. Member has MR. CONYBEARE: On the second referred.
reading I had occasion to refer to this
specific Act; and may I be allowed to say
that my objection to this Act is not ESCHEAT (PROCEDURE) BILL (Lords). as an Act limiting prosecutions under
(Mr. Attorney General.) the old Act? My objection, like that of (BILL 373.] COMMITTEE. the hon. Member for Northampton (Mr. Bradlaugh), is to the whole code of Bill considered in Committee. legislation of this kind, and to this Act
(In the Committee.) in particular, as dealing with that legis.
Clause 1 (Short title) agreed to. lation in a wrong spirit. My view is that the whole of this legislation ought Clause 2 (Power to regulate procedure to be repealed, and that it should not be with respect to escheats to Crown). in the power of any individual to insti.
On the Motion of Mr. ATTORNEY tute a prosecution. GENERAL SIR GEORGE BALFOUR: GENERAL, the following Amendments
made: I hope hon. Members will not leave out of view the statements made by Lord In page 1, line 12, leave out“ regulating;" Cross when he was Home Secretary, as line 16, after "real estate,” insert “or any to the beneficial effect of legislation in interest therein; line 17. leave out from the this direction. Great credit is due to second“ escheat” to end of line 18, and insert
“ whether in relation to the Crown or otherwisc, the Conservative Party for passing an or the holding of any inquest of office not Act restraining the prosecutions for otherwise regulated by law. Sabbath - breaking under the Act of •(2.) Such rules shall provide that an inquisi. Charles II. This was done by Lord tion touching real estate shall find of whom the
real estate was held, and that every inquisition Cross, and ought not to be repealed; shall be forth with 'returned into the Central but it should now be made perma- Office of the Supreme Court of Judicature, and nent.
that every person aggrieved by any such inDR. TANNER: After the remarks of quisition shall be entitled to traverse the same, the hon. Member for Northampton I from time to time directed by rules of court.
or to object thereto, in such manner as may be will withdraw my Motion with pleasure.
" (3.) Subject to the provisions of section six But may I point out that the application of The Intestates Estates Act, 1884,' no grant of this law in England and Scotland and shall be made of any real estate alleged to be the use made of it in the North of Ireland escheated until after the inquisition finding the are very different things? Where the Office of the Supreme Court of Judicature.
title thereto has been returned to the Central law is administered by magistrates, the " (4.) An inquisition shall not prejudice any bulk of whom belong to the Orange rights which, at the time of the death of the faction, its application has such strong person that led to the inquisition, were vested
in some other person. traces of partizan spirit that it cannot
“ (5.) If the inquisition does not find of whom fail to prove injurious to the public inte- the real estate was held, any person aggrieved rest, and brings law and order — that shall be entitled to obtain from the High Court well-worn phrase we have so often an order for the taking of another inquisition. heard into contempt.
" (6.) This Act shall apply to inquiries into having heard the explanations made- of Lancaster, with this qualification, that any
the title of Her Majesty in right of Her Duchy notably that of the hon. Member for rules which may be made under this Act shall Northampton — that the effect of my be made by the Chancellor of the Duchy of Amendment would tend to renew the old Lancaster with the approval of the Lord Chan. Sunday Act in its harsh and crude
cellor.” manner, I ask leave to withdraw the
Clause, as amended, agreed to.
Clause 3 (Repeal of enactments in
Schedule). Motion made, and Question put, "That this Schedule be the Schedule of the
On the Motion of Mr. ATTORNEY
GENERAL, the following Amendments
In page 2, line 4, after
[3.40 P.M.] insert or practice ; "and, after “use," Preamble agreed to.
insert "under the provisions of any Act Bill reported, without Amendment;
hereby repealed or otherwise." read the third time, and passed.
Clauso, as amended, agred to.
Westminster) asked the House to allow On the Motion of Mr. ATTORNEY the remaining stages to be taken at once, GENERAL, the following Amendment and moved that the Speaker should made :-In page 4, leave out lines 23 now leave the Chair. and 24.
Motion made, and Question proposed, Schedule, as amended, agreed to. “That Mr. Speaker do now leave the Preamble agreed to.
Chair.”—(111. W. H. Smith.) Bill reported, with Amendments. MR. ARTHUR O'CONNOR inquired
THE FIRST LORD OF THE TREA- whether the Whiteboy Acts were inSURY (Mr. W. H. SMITH) (Strand, cluded in this measure? Westminster): As there appears to be
Sir RICHARD WEBSTER said, they absolutely no difference of opinion what were not. ever on this Bill, I will ask the House MR. ARTHUR O'CONNOR : They to allow the further stages to be taken. are spent. Motion made, and Question, "That
Sir RICHARD WEBSTER said, he the Bill be now considered,
could not say that, not being an Irish
lawyer. The Bill only included those W. H. Smith,)-put, and agreed to.
Acts which the Law Officers knew of their Bill considered, as amended.
own knowledge, without elaborate inMotion made, and Question proposed, vestigation, to be obsolete. " That the Bill be now read the third MR. CONYBEARE said, he must time."-(Mr. W. H. Smith.)
protest against the Whiteboy Acts not Mr. SEXTON : On a point of Order, being included in this Bill. is it permissible to take this further would oppose the Motion that the
MR. ARTHUR O'CONNOR said, he stage after we have only just taken Speaker do leave the Chair. Committee and Consideration ? Mr. SPEAKER: At this time of the hon. Gentleman has already spoken on
MR. SPEAKER: Order, order! The Session it is frequently done, there being the Motion. no Amendments made on Consideration. The right hon. Gentleman is at liberty asked a question.
MR. ARTHUR O'CONNOR: I only to ask the House to do it.
MR. CLANCY moved the adjournQuestion put, and agreed to.
ment of the debate. Bill read the third time, and passed, Motion made, and Question, “That with Amendments.
the Debate be now adjourned,”-(Mr.
Clancy)-put, and negatived. STATUTE LAW REVISION BILL
Original Question, "That Mr. Speaker [Lords].–[Bill 379.]
do now leave the Chair,” put, and (Mr. Attorney General.)
agreed to. SECOND READING.
Bill considered in Committee. Order for Second Reading read.
(In the Committee.) Motion made, and Question proposed, Several Clauses agreed to, with Amend"That the Bill be now read a second ments. time.”—(Ur. Attorney General.)
MR. ARTHUR O'CONNOR (Donegal, In reply to General Sir GEORGE E.): I merely wish to point out clearly, BALFOUR,
and in express terms, what it is we are THE ATTORNEY GENERAL (Sir doing. We have been taking the second RICHARD WEBSTER) (Isle of Wight) reading of a Bill of an important chasaid, the valuable work of the Revision racter, the importance of which has been Committee could not become apparent impressed upon us by hon. Gentlemenuntil effective steps were taken to clear and then, without any Notice given, wo away a large number of obsolete Statutes. are invited at once to go into Committee. Question put, and agreed to.
We may have Amendments moved which Bill read a second time, and committed.
are not upon the Paper, and which not
one single soul in the Committee, except THE FIRST LORD OF THE TREA- the hon. Member who moves them, SURY (Mr. W. H. SMITH) (Strand, knows anything at all about. I do say, with all due respect to the Government, stand part of the Schedule to the mea* that, whatever the period of the Session sure.” is, that is not the proper way to conduct
THE FIRST LORD OF THE TREAPublic Business.
SURY (Mr. W. H. SMITH) (Strand, THE ATTORNEY GENERAL (Sir Westminster): If hon. Gentlemen wish RICHARD WEBSTER) (Isle of Wight): to have until Monday to consider the I shall be happy to give the fullest ex. effect of this Amendment, there will be planation with regard to the Bill in no objection on the part of the Governevery particular in which explanation ment to postponement. I trust, howcan be required. There are only three ever, that on Monday, when these things Amendments, and all these but one are have been thoroughly considered, there verbal. One of them has been passed, will be no difference of opinion on and I will state what it is if the Com the matter. If that is understood, I mittee will permit me. It was merely shall agree to report Progress. the insertion of the date of a certain MR. CONYBEARE (Cornwall, CamStatuto which had been omitted by acci- borne): I have not, in the case of this dent. I think the hon. Member for Bill, Sir, been able to follow your saluEast Donegal (Mr. Arthur O'Connor) tary advice to make myself acquainted will admit that there has been nothing with everything in thờ measure ; but, very unconstitutional in making that taking from the Table a volume of the Amendment in Committee without No. Statutes, I find that this Statute we are tice. The second Amendment is a mere asked to prolong in the present Bill has verbal improvement effected by the been spent-namely, that the 3 & 4 draftsman, who saw that there were Ellward VI. c. 10 is really so far spent certain words after the name of the as to have been eliminated from the witness Eva Thornton. The third is the Statute Book. omission of a Statute which ought to SIR RICHARD WEBSTER: The be struck out, owing to a learned Judge hon. Member has taken up a volume of having raised a doubt as to whether it the Statutes, in which he will find is obsolete or not.
the 3 & 4 Edward VI. c 10, but not in MR. ARTHUR O'CONNOR : No the proper rotation. That arises from doubt, the particular Amendment before the fact that there are in some years the Committee is trifling in its character; several Acts bearing the same number. but I think we have a right to ask that If the hon. Member will refer to the this Bill shall not be taken until Mon- Statutes at large he will find that what day.
I say is correct, and that the Act he is Sir RICHARD WEBSTER: The speaking of is the one continued in this third reading will not be taken until Bill. Monday.
MR. CONYBEARE: We have kept MR. ARTHUR O'CONNOR : It was on the Table of this House a revised proposed before going into Committee edition of Statutes for reference; and that the Committee stage should be de- when one gets up and appeals to this ferred until Monday; and the hon. and revised version, and finds it inconlearned Gentleman the Attorney Gene- sistent with what we find in the proral, because he would not assent to that posed Bill, he is told that he is altoproposal, put us to the trouble of as- gether wrong in the matter, and that sembling for a Division, although a there is a different rotation. Of what Division was not taken. If we had been year is the Act of Edward VI. to allowed time, we should not only have which the hon. and learned Gentleman understood the point of the Amendment refers ? now before the Committee, but we Sir RICHARD WEBSTER: The should have understood all the other hon. Member has not read the Bill. He points which could be raised on the will find in the Bill the precise reference Bill. This particular Amendment refers to the Act which is now continued-on to putting away "certain divers books page 10 of the Bill, volume 15 of the and images."
Statutes, page 1,266. As I am now adTIE CHAIRMAN: We have not dressing the Committee, I may as well come to that yet. The Amendment is, on say that I will not go into the other page 10, to leave out lines 34, 35, 36, and Amendmont, but will put it on the 37. The Question is, “That these words Paper, so that hon. Members will see
what it is. The object of it is to strike MR. CLANCY (Dublin Co., N.): The out certain words on page 15.
hon, and learned Gentleman the AttorMotion made, and Question proposed, ney General (Sir Richard Webster) com"That the Chairman do report Progress, plained a little while ago of our discussand ask leave to sit again." -Mr. ing a question of which he had received Attorney General.)
no Notice. I now beg to give Notice
that I, for one, when the Bill next MR. ARTHUR O'CONNOR: I give comes before the House, will move to credit to the right hon. Gentleman the insert in the Schedule those proviLeader of the House (Mr. W. H. Smith) sions of the Emancipation Act, 1829, for his dexterous Parliamentary tactics. which renders absolutely every priest I compliment him upon the success of in Ireland and the member of every his stratagem. He has made progress religious order a felon liable to transwith this measure because, now that the portation for the term of his natural Bill has reached this stage, it is impos- life. I give the hon. and learned Gensible to block it. The right hon. Gen- tleman Notice that I will raise the questleman has very dexterously effected his tion, and I hope he will not then plead object; but the Government ought in all that he has not had time to consider this fairness-having had this Amendment matter. up their sleeves as it were--to have given Question put, and agreed to. us some indication before the Speaker left the Chair that it was their intention
Committee report Progress; to sit
[Lords]. - [BILL 234.]
(Mr. Secretary Matthews.)
SECOND READING. peared to be, practically, a merely formal proceeding ; but now we find that it Order for Second Reading read. is nothing of the kind ; and with regard Motion made, and Question proposed, to that Amendment last moved, I was "That the Bill be now read a second desirous of endeavouring, if possible, time.”—(Mr. Attorney General.) to get included in the Bill certain matters cognate altogether to books and MR. BRADLAUGH (Northampton) images which the Amendment dealt said, he did not wish to delay the Bill; with. On the mere Question that the but he desired to point out that Lay Chairman report Progress, of course I am Lords, besides the Law Lords, could again debarred from going into the sub- exercise—as one Lay Lord had recently ject-matter of this Amendment, which I exercised--the right to sit as Judges in desire to secure. My Amendment re- the Court of Appeal. He did not prolated to what is really an obsolete law. pose that the point should be dealt with It had reference to the position of Mem- now; but he thought the Appellate bers of the Orders of Jesuits and other Court should be specifically confined to religious bodies in Ireland and the the Law Lords, and that Lay Lords penalties attaching to certain proceed should not be able to give judgments. ings by them. The Motion to report In the case of “ Clark v. Bradlaugh," Progress is of such a character that one Lord Denman sat and delivered 'a is obliged to confine himself to the par- judgment which the rest of the House ticular point. It does appear to me that was obliged to disregard, and that gave on this occasion the Government has rise to scandal at the time. been guilty of what, without desiring THE ATTORNEY GENERAL (Sir to be offensive and giving the Govern- RICHARD WEBSTER) (Isle of Wight) ment credit for all dexterity, I do think said, he hoped the hon. Member would is a piece of sharp practice. They have not attach any importance to the fact got their stage, and, no doubt, they will that a layman sat on a particular occabe able to carry through the Bill and sion. With that exception, so far as he be able to resist any Amendment which was aware, there had been no case in We may move, however reasonable it modern times in which other than Law
Lords had taken any effective part in