Abbildungen der Seite
PDF
EPUB

.

adverse to his principle. The evil did not reft there. If the appeal was determined in favour of the captor, the profits of the principal refted with the agent; on the contrary, if the captor was condemned, he was liable to pay the intereft. Another regulation was, that, after the time of appeal was elapsed, it fhould be in the power of the Judge of the Admiralty to compel a diftribution. It would furprise the House to hear, that there was no power to compel a diftribution, but by action at law, or by a bill in Chancery. He fhould fubmit, whether it would not be more beneficial, that the court fhould have the power of following up the agent to a full execution of his duty. At prefent, it had only the power of verifying accounts, or difallowing them; but it stopped at that point where its au thority was most required. Another regulation went to this, that no feaman fhould be allowed to make the general power of attorney to which he had adverted, in a way by which he might, for a temporary gratification, convey his whole inte reft in his future prize money. It would be highly important that the power of attorney fhould be a fpecial power of attor ney, appointing the particular fource out of which the interest conveyed was to arife. To this he should add another regula tion refpecting the dates of the prizes. When prizes were made in the West Indies, the feamen were often removed to other fhips, and what became of the prizes, whether they were condemned or not, they knew not. He should provide that regifters of prizes fhould be tranfmitted home every month; he meant a lift of all the prizes that had gone through the adjudication of the court. Thefe were the regulations to which he fhould folicit the attention of the naval members of the Houfe. They were firongly recommended to him by the noble person who at prefent prefided over the naval depart ment. The Houfe would fee that he had not preffed this fub ject beyond what juftice demanded. There were other details. which had engaged the attention of that department. The Houfe would undoubtedly improve upon them. He was content with having ftated the modifications. He was perfuaded the Houfe would, by adopting them, contribute to the comforts of a clafs of men whom it was their intereft to protect. The right hon. and learned Gentleman concluded by moving, That leave be given to bring in a bill for the encouragement of feamen, and for the better and more effectually manning his Majefty's navy."

Mr. Johnstone faid, he did not rife to oppofe the bringing in of this bill; but he was forry that; from a measure of this VOL. IV. 1892-3.

3 N

nature

nature being brought forward at this particular moment, he could not but augur that there was no longer any hope that the mediation of Ruffia would take effect. For if this bill is paffed into a law, and peace fhould foon afterwards take place, there would neceffarily arife the utmoft difficulty as to the feftoration of prizes. This was fully evinced, he said, by what had fo lately taken place on the termination of our difpute with the northern powers. He then adverted to the motion he had made two years ago, and the papers he had brought forward relative to the ftate of prize money and appeals, which were then moft dreadfully in arrear. Notwithstanding it was now two years fince the peace took place, there were still near 250 caufes to be heard. He acknowledged the great industry of the right hon. and learned Gentleman in getting through so many as he had done, and confeffed his rare talents were peculiarly well adapted to forward and promote a measure like that to be prepared by the prefent bill; but he thought it impoffible for the right hon. and learned Gentleman to attend to fuch an arrear of appeals as that he had just mentioned, and to pay at the same time due attention to the bufinefs of his own courts. He faw a neceffity for fome arrangements, by which appeals may be got rid of, by quickening the proceedings of the court; at prefent, however, he would not trouble the House by going into the fubject. As to the prefent bill, he should abstain from saying any thing further till it came before the House.

Admiral Berkley faid a few words upon the fubject: he alluded to fome complaints urged on a former night by an hon. Friend of his, when he was not in his place, which he hoped would be attended to.

The Attorney General faid, if any fuch complaints had been, or fhould be made, he had no doubt but his right hon. and learned Friend would attend to them. He hoped leave would be given to bring in the bill. The measure was called for from the juftice of the Houfe. It was always ufual to pass fuch a bill at the commencement of every war, and it ought not to be retarded from fo light a confideration as that of the mediation of Ruffia taking immediate effect, as the hon. Gentleman oppofite to him (Mr. Johnstone) had fuggefted. He antwered generally the obfervations made by that hon. Gentleman, relative to the number of appeals in arrear, and concluded by hoping no further objection would be made to bringing in the bill, as

the

the hon. Gentleman would have many opportunities, during its different ftages, to point out what he thought wrong in the bill, and to propofe what amendments he should think proper.

Mr. Wilberforce expreffed his concern at what had just been faid relative to the mediation of Ruffia; he was forry to hear his right hon. and learned Friend (the Attorney General) fpeak fo lightly as to its probable effect. From fuch a mode of viewing it, the measure that had been adopted feemed rather to have been a conciliation of parties in that Houfe, than a grave and ferious intention of effecting a peace through the medium of a neutral power.

The Attorney General, in explanation, faid, that in speaking of the mediation of Ruffia, he only meant to fay, that the difficulties alluded to by the hon. Gentleman of restoring prizes, were too light a confideration to be allowed to retard a measure fo important and neceffary as the prefent. Mr. Viberforce explained.

The queftion was then put, and leave granted to bring in the bill.

DEFENCE OF THE REALM.

The Secretary at War faid, that as the measure for raifing the army of referve was now difpofed of, it was his duty to give notice, that he fhould, on Tuesday next, move for leave to bring in a bill, to render more effectual the act of the prefent feffion, for the better defence of the realm.

ASSESSED TAX COLLECTION CONSOLIDATION BILL.

Mr. Alexander brought up the report.

Colonel Ayre thought the penalty of 1001. and forfeiture of office, inflicted by the bill upon furveyors, at the dif cretion of the commiffioners, much too high for inadvertent furcharges; as, in many cafes, they were liable to errors which were not really culpable. He was aware of the neceffity, that the crown fhould not be defrauded of its revenue, but it was of equal importance that the subject fhould be protected from oppreffion. What he withed was, that the furveyors fhould be compelled to inftitute previous enquiries to their making a furcharge. He therefore moved the bill to be recommitted, for the purpofe of moving a claufe, which could not be brought in at this laft ftage, for, at the fame time, impofing a check on the furveyor, and affording relief to the fubject.

Mr. IV. Smith alfo reprefented the bill as imperfect in its exifting ftate. The penalty he confidered as too great, when it could be exerted; at the fame time that it was out

3 N 2

of

of the power of nineteen perfons out of twenty to go to the expence of profecuting the furveyor, though they might find themfelves aggrieved.

The Attorney Genera! faid, there was certainly a great difficulty, on the confideration of the meafure. The penalty on the mifconduct of the furveyor was undoubtedly fevere, but it afforded, at the fame time, great protection to the fubject, who might have his action in cafes of illegal or vexatious furcharges. It was evident fome furcharges may be legal, and yet vexatious, and vice verfa. He faw fome Gentlemen laugh at a remedy by action, but then they fhould recolle&t, that they were, at the fame time, laughing at the laws of the country, which in no cafe afforded any other remedy than juflice.

Sir W. Pulteney faid, that it was net in the power of every man to go to law with a furveyor, who, in fact, had a premium for many of the acts of injustice he might commit.

The Chancellor of the Exchequer denied that the furveyors were entitled to any premium, except where the charge fhould be confirmed. A claufe, he faid, would be propofed -a claufe for giving a difcretion in this cafe, and that the penalty fhould be made not to exceed 1001. as he did not with to oblige them to ufe fo much precaution, that it may lead to a neglect of the fecurity of the revenue.

Several of the Members who spoke before explained; after which the motion for the recommitment was negatived.

The Attorney General then moved an amendment, that there should be a power to mitigate the penalty on furveyors, at a difcretion, which would limit the highest fum to 100l. which was adopted, the report agreed to, and the bill ordered to be read a third time on Monday following.

The New Forcft game prefervation bill went through a Committee, and was ordered to be reported on Monday. The report of the clergy relief bill was agreed to, and ordered to be read a third time on the fame day.

Mr. Bragge gave notice, that on Monday following he fhould move for leave to Bring in a bill for the amendment of the Thames police act.

The Lords' amendments to the Irish parfonage house bill were agreed to, and the bill returned.

Adjourned.

HOUSE

HOUSE OF LORDS.

SATURDAY, JULY 9.

All the bills on the table were read a ftage each.

The Irish army of referve bill and the lottery bill passed the Committee, and were reported and read a third time; the two funding orders against palling more than one flage of a bill in one day, having been, in conformity to Lord Walfingham's motion on Thurfday, fufpended.

WOOLLEN MANUFACTURE BILL.

Lord Rawdon (Earl of Moira) rofe and faid, he could not but lament, that a bill of fo much importance thould have come up to that House at fo late a period of the folsion, that` it was impoffible to give it the full deliberation that the greatness of the object of the bill required. The bil was called the woollen manufacturers' bill, but it far exceeded the reach of its title; it was, in fact, a bill which went to the putting an end to, and repealing all the numerous acts of Parliament affecting every branch of business connected with the woollen manufacture, that flood on the flatute book. His Lordship faid, he had looked into the ftatutes at large, with particular anxiety, as to all the acts relative to the woollen manufacture, and he readily admitted, that many of their provifions were inapplicable to the prefent time, many of the regulations utterly impracticable at this moment, and others utterly useless; but among the mafs, there were feveral very good and politic provifions, wifely conceived by our ancestors, and fit to be preferved. He could not, therefore, but think, that inftead of extinguithing the whole of the various regulations by one sweeping bill, the more prudent courfe of proceeding would have been to have brought in a fhort bill of indemnity for all tranfgreflions against the exifting ftatutes refpećting the woolien manufacture, up to the present time, and have left the confideration of a more extenfive bill open to the reflection and investigation of their Lordthips, and the Members of the other Houfe of Parlia ment, doring the fhort interval which might be expected to take place between the end of the prefent and the commencement of the next fellion. Confidering that the bill had paffed the other Houfe, and was now before their Lordships; confidering likewife, that a noble Lord, who had muci interefted himself on the fubject, was not prefent, he thought the fecond reading ought not to be hurried, or regarded as a

matter

« ZurückWeiter »