without having an opportunity of con- proposed should be made in the clause. sidering it. If the hon. and gallant He would like to hear from the right Member would put an Amendment on hon. Gentleman (Mr. Dodson) whether the Paper for Report he would give a he would agree to excuse the rest of fair and impartial consideration to it. Ireland with the exception of Belfast

MR. CALLAN said, that, in order to and Dublin and Cork. The only arguinsure due consideration of the matter, ment he had heard at all against such a he would move that Progress be re- proceeding was that which was offered ported.

by the right hon. Gentleman himselfMotion made, and Question proposed, namely, that the trade of England would “That the Chairman do report Pro- be unfairly handicapped by the advangress, and ask leave to sit again.”—( Mr. tage which the manufacturers in Ireland Callan.)

would derive from being excluded from

the Bill. He had looked through the MR. DODSON hoped the Committee Bill to see what advantage would arise, might be allowed to proceed, and not be and he failed to see in what way Irish asked to suspend Progress on account manufacturers would gain an advantage. of this proposal, which was now made Unless there was a distinct proof between for the first time. It was unreasonable this and Report that the English manufacto ask those who made the proposal to turers would be unfairly handicapped, put it into proper shape to be considered it would not be too much to ask the right on Report." He hoped the Motion to re-hon. Gentleman to agree to the limitaport Progress would be withdrawn. tion to the larger towns of Ireland.

MR. HEALY said, he would admit MR. DODSON suggested that they that, technically speaking, the right should be allowed to go through the hon. Gentleman was right in saying Bill as it stood, and when they got to this proposal was new; but it was not the Schedule report Progress. The hon. new that the Irish Members had certain Gentleman could then still propose his objections to the Bill, but the Govern- Amendment in Committee. He (Mr. ment had done nothing to meet their Dodson) could not be expected to give views, and had tried to push the Bill an answer in the matter off-hand; but through as hard as they could. They he was quite ready to give it a fair conmust bring up their objections when sideration. they could, whether they sprung them Mr. CALLAN trusted the Committee upon the Government or not; and he on the Bill would not be taken again hoped this Amendment would bring the before Monday week. Government to see the importance of MR. DODSON said, he had no objecpaying some regard to the wishes of the tion to put the Committee down for the Irish Members. If the hon. Member Monday after the Recess. for Louth (Mr. Callan) persisted with MAJOR NOLAN asked leave to with. his Motion he should support him; but draw the Amendment. if the right hon. Gentleman (Mr. Dodson) would give some definite promise

Amendment, by leave, withdrawn. he would suggest to his hon. Friend to Clause agreed to withdraw the Motion. Perhaps a conference might take place between the

Clause 21 (Further provisions as to right hon. Gentleman and the hon. and recovery of fines in county court). gallant Member (Major Nolan), so that On Motion of Mr. DILLWYN, Amend. the Bill might then be run through. ment made in page 10, line 31, by leav

Sir R. ASSHETON CROSS said, the ing out“ ten," and inserting "twenty. clause merely provided for the recovery one." of the penalties. He suggested that the Amendment should be raised at its pro

Clause, as amended, agreed to. per place, at the end of the 27th clause,

Clause 22 (Discharge of owner ou and thus allow them to make progress. conviction of actual offender) agreed to.

MR. ARTHUR O'CONNOR said, it was evidently necessary, if it was pro

Clause 23 (Service of notices). posed to bring the larger towns in Ire. On Motion of Mr. Dodson, Amend. land under the provisions of the Bill, ment made in page 11, line 34, by leav. that some such Amendment as was now ing out from "or” to “owner" in line

Mr. Dodson

[ocr errors]

37, and inserting “the owner or at his | able to pay, or the person who was most residence or works."

likely to submit. They ought to leave Clause, as amended, agreed to.

the persons who were injured to find out

the offenders. Clause 24 (Complaint by sanitary au- MR. DODSON said, the Amendment thority in cases of nuisance).

they had just accepted had struck the On Motion of Mr. Dodson, the follow-ground away from the feet of the hon. ing Amendments made :-In page 12, and learned Member for Roscommon line 17, leave out from “The” to “ Act,"' (Dr. Commins). By the Amendment in line 22, inclusive.

they had now agreed to, a manufacturer

who complied with the requirements of In page 12, at end add

the Act would be in a position to come “ The expression sanitary authority' in this into Court with a certificate of character section includes as regards the Metropolis, ex: and clear himself cept the City of London, any vestry or district board elected under • The Metropolis Manage. Clause, as amended, agreed to. ment Act, 1855,' also any Local Board of Health, not being an urban sanitary authority Clause 26 (Interpretation of terms). within the meaning of The Public Health Act,

On Motion of Mr. Dodson, Amend1875,' and as regards the City of London shall mean the Commissioners of Sewers of the said ment made in page 12, line 42, by city."

insertingClause, as amended, agreed to.

Noxious or offensive gas does not include

sulphurous acid arising from the combustion of Clause 25 (Actions in case of contribu-coal.” tory nuisance).

Clause, as amended, agreed to. MR. TENNANT moved, as an Amend- Clause 27 (Repeal of Alkali Acts). ment, in page 12, line 36, after “nui

MAJOR NOLAN moved, as an Amendsance" to add

ment, to add at end of Clause“ This clause shall not apply to any defendant who can produce a certificate from the chief only apply in the County or City of Dublin and

“In Ireland the penalties in this Act shall inspector that in the works of such defendant

in towns of over 50,000 inhabitants." the requirements of this Act have been complied with."

MR. ARTHUR O'CONNOR thought MR. DODSON said, he would consent it would be well if the right hon. Gento accept the Amendment, on condition tleman would now consent to report that the words " and were complied with Progress; and he would accordingly when the nuisance arose" were added. make that Motion. Amendment to the said proposed

Motion made, and Question proposed, Amendment agreed to.

“ That the Chairman do report ProAmendment, as amended, agreed to.

gress, and ask leave to sit again.”-(Mr.

Arthur O'Connor.) MR. DILLWYN considered the

MR. DODSON said, the proposition whole clause was of an objectionable

was to go through the whole of the Bill character. Dr. COMMINS said, the clause, as they still in Committee, and when Com.

except the Schedule. That would leave amended, was objectionable, inasmuch

mittee was again taken the hon. and as it created a joint liability. In St. gallant Gentleman (Major Nolan) could Helen's, for instance, there were a great move his Amendment. many manufacturers, and it was utterly impossible to determine to what extent Motion, by leave, withdrawn. any one of them contributed to a nui

Major NOLAN asked leave to withsance. It might happen that the small draw his Amendment. and struggling manufacturer allowed EARL PERCY said, there were many

vapours, larger and richer manufacturer be called objections to the Amendment just pro

posed. upon to stand the consequences. As a rulo, when a joint liability was estab

Amendment, by leave, withdrawn. lished, it happened that it was not the

Clause agreed to. persons who created the nuisance who Clause 28 Saving as to general law) buffered, but the person who was best agreed to.



On Motion of Mr. Dodson, the follow-ce ing Clause brought up, and read a first pri and second time:

vic (Prevention from nuisance of alkali waste already deposited.)

cla “ Where alkali waste has been deposited on land, either before or after the commencement"] of this Act, and complaint is made to the chief tor inspector, that a nuisance is occasioned thereby, the chief inspector, if satisfied of the existence gr of the nuisance, and that it is within the power pri of the owner or occupier of the land to abate it, for shall serve a notice on such owner or occupier wi requiring him to abate the nuisance; and if

wl such owner or occupier shall fail to use the best

tw practicable and reasonably available means for The abatement thereof, he shall be liable to a wa fine not exceeding twenty pounds; and if he the does not proceed to use such means within such Bu time as shall be limited by the Court inflicting such fine, then he shall be liable to a further

ex penalty of five pounds per day from the expiry of the time so limited."

be On Question, "That the Clause be


foi added to the Bill."

Во MR. SLAGG would be glad if, in wo the 1st line, the right hon. Gentleman would consent to insert, after the word mi "land," " or discharged in a water course.

MR. DODSON said, he had no objec-Me tion to leave out the words "

on land," no and insert “or discharged.”

it Amendment to proposed new Clause

Pr agreed to.

of Question put, and agreed to.

jec MR. SLAGG, in moving, after Clause 11, to insert the following Clause:- th

“In case it shall appear to the inspector that there is an objection on public grounds to the ing situation of the works proposed to be registered, of he shall, before giving his certificate, communicate with the local authority of the place where such works are situate, and such works shall not be registered until two calendar months after such communication shall have been made to the local authority. The local authority to whom such communication is made may, at any time within two calendar months from receiv-ten ing such communication, lay before the Local Loc Government Board its objections to the regis- offe tration of such works, and the Local Government Board, after considering such objections aut and the statement made by the owners of such hol works, may make an order directing that such works shall not be registered, and the decision fou of the Local Government Board in such case shall be final,"


Act said, his object was to make it possible for town councils and other public bodies to provide means for protecting public sai parks from the injuries occasioned by oth noxious gasos.

If his clause was ac- in




[ocr errors]


[ocr errors]


Schedule was proposed by Lord Brod- I prepared to assume such power as would rick, including a number of works he be given by the clause to the Board, of wished to have included; but he Mr. placing any class of works under Part Slagg) thought it desirable to add an II. of the Bill. Moreover, he would elastic clause such as this, in order point out that notice of this had not that obnoxious trades might be com- been given to the manufacturing inteprehended, which would, if the Bill rests, and they had not been led to were left in its present state, be left expect any such control. Under the to do their evil work. Lord Brodrick's circumstances, he could not agree to Schedule was rejected, on the ground the clause. that compliance with it must necessitate an enormous increase in the staff of the

Question put, and negatired. Local Government Board. To avoid this Motion made, and Question proposed, objection, and at the same time provide "That the Chairman do report Prothe means of redress, this elastic clause gress, and ask leave to sit again.”—(Ur. was now proposed.

Dodron.) Clause brought up, and read a first time.

MR. DILLWYN asked, would the Motion made, and Question proposed, Bill be reprinted? It was important “ That the Clause be now read a second that it should be, in the interests of time.”

large trades which it seriously affected. MR. WIGGIN hoped the clause

MR. DODSON said, the Bill could would not be accepted. Every works not be ordered to be reprinted until it

The in the country might be stopped by had gone through Committee. the hostility of a few persons setting

Committee would resume on Monday to work together.

week, and the Bill would be reprinted MR. DILLWYN said, he had an ob- before the consideration of Report. jection to all such elastic clauses.

Question put, and agreed to. Earl PERCY said, there was no question of putting a stop to works.

Committee report Progress; to sit The only proposal was to bring certain again upon Monday 13th June. works within the 2nd part of the Bill, if it should seem right to do so, by NEWSPAPERS (LAW OF LIBEL) BILL. the local authority, and not at the

(Mr. Hutchinson, Mr. Gregory, Mr. Edward will of some half-a-dozen householders.

Leatham, Mr. Samuel Horley.) They would be only brought within that part of the Bill which would pre

(BILL 5.] COMMITTEE. vent the works being a nuisance to the

[Progress 13th Jay.] neighbourhood in which they were situ

Bill considered in Committee. ated. It was a reasonable clause, and it carried out, to a certain extent, a prin

(In the Committee.) ciple to which the Noxious Vapours Clause 6 (Penalty for omission to Committee attached much importance. make annual returns).

MR. STEVENSON said, to some ex- THE ATTORNEY GENERAL (Sir tent the clause did, as the noble Earl HENRY JAMES) said, when last in Com(Earl Percy) said; but it went far be- mittee Progress was reported on this yond the recommendation of the Com-clause to allow of Amendments at the mittee, which was that certain works, suggestion of the hon. Member (Mr. not every conceivable kind of works Hutchinson); and he had now to move not specified, should be brought under in page 3, line 9, to leave out the word inspection but not at the request of the ten" and insert "twenty-five." local authority. The Royal Commission

Amendment agreed to; words subilia proposed that only a Provisional Order confirmed by Parliament should have tuted accordingly. this effect. Parliament would be part- THE ATTORNEY GENERAL (Sir ing with its powers to agree to this. HENRY JUES, said, that steps must be

MR. DODSON said, this was a clause taken that registratiou should take place, he could not agree to. In the intarests and the order not being complied with, of the manufacturer or of the Local the penalty followed as a matter of Government Board he should not be course. Ho moved that in page 3, line


9, after the word "pounds," these words Clause 10 (Fees payable for regisbe inserted

trar's services). “ And also to be directed by a summary

LORD FREDERICK CAVENDISH order to make a return within a specified moved, as an Amendment, in page 4, time."

line 3, after the words “ Board of Amendment agreed to ; words inserted Trade,” to insert “with the approval accordingly.

of the Treasury." Clause, as amended, agreed to, and Amendment agreed to; words inserted ordered to stand part of the Bill.

accordingly. Clause 7 (Power to party to make LORD FREDERICK CAVENDISI return) agreed to.

moved, as an Amendment, in page 4,

" Clause 8 (Penalty for wilful misrepre- line 8, to leave out “ Board of Trade,

and insert " Treasury." sentation in or omission from return). THE ATTORNEY GENERAL (Sir

Amendment agreed to; words substi. HENRY JAMES) said, it had been thought tuted accordingly. well to increase the penalty in those

Clause, as amended, agreed to, and cases where the Act was evaded by the ordered to stand part of the Bill. making of a false Return; and, therefore, he would move in page 3, line 28,

Remaining clauses agreed to, without to leave out “twenty" and insert" Amendment, and ordered to stand part hundred.”

of the Bill. Amendment agreed to; words substi- MR. LABOUCHERE, in moving, in tuted accordingly.

page 2, after Clause 3, to insert the Clause, as amended, agreed to, and


following Clause :ordered to stand part of the Bill.

“A court of summary jurisdiction, upon the

hearing of a charge against a proprietor, pub. Clause 9 (Registrar to enter returns lisher, or editor, or any person responsible for in register).

the publication of a newspaper, for a libel pub.

lished therein, may receive evidence as to the MR. HUTCHINSON moved, as an publication being for the public benefit, and as Amendment, in page 3, line 31, to leave to the matters charged in the libel being true, out “a book," and insert « books." and as to the report being fair and accurate, and That, and other Amendments following, which under this or any other Act, or otherwise,

published without malice, and as to any matter were Departmental Amendments, in- might be given in evidence by way of defenco serted at the instance of the Board of by the person charged on his trial or indictment, Trade. He accepted them, and, in the and the Court, if of opinion after hearing such absence of the Secretary to the Board, sumption that the jury on the trial would acquit

evidence that there is a strong or probable premoved them.

the person charged, may dismiss the case," THE ATTORNEY GENERAL (Sir HENRY JAMES) said, he did not quite said, it was not necessary to speak to the understand the object. The singular clause. It was assented to by the Gowould be taken to include the plural; but vernment and by the hon. Member for the Amendment would mean that every Halifax (Mr. Hutchinson). It was to return should be entered in books, and enable the magistrate to dismiss the he did not see how that could be carried case if he liked, or commit it, or deal out. As it was not clear what was the with it in a summary fashion. He object of these Amendments, they had moved the addition of the new clause. better be allowed to stand over until New Clause (Enquiry by court of Report. MR. HUTCHINSON said, he was not for public benefit or being true),

summary jurisdiction as to libel being prepared to defend the Amendments. brought up, read a first and second time, They were proposed at the instance of and added to the Bill. the Board of Trade, in accordance with the usual recommendation.

MR. LABOUCIERE moved the inAmendment, by leave, withdrawn.

sertion of the following new Clause :-Clause agreed to, and ordered to stand offence under this Act, shall be deemed to be an

Every libel or alleged libel, and every part of the Bill.

offence within and subject to the provisions of The Attorney General

« ForrigeFortsett »