The Express.
London, England, 1847-07-09 00:00:00

:Z

flog et the masa, although the state of Public business bad
sot permitted tab• governekent to proceed with it until a
more advanced period of the session. It Lad, however, been
read a second time, after a debate and a df,-ition, in which
there was a large majority in its favour, anti a still larger
majority was In favour of going into conenittee on
the bill. The first clause to which objectimn eonld
be made in point of principle nasuel), the esta-
blishment of a central authority, and the provision for
preliminary inspections—had also been agreed to, es that no:
onlratrhre second reading but also this clause had been carried
by e nisjorities. But lately, on proceedicg through the
moreimportant clauses, considerable debate and discussion
had arisen ; so that on 114 oaday last the committee had only
been able to get through two daunt and at the last sitting
only one clause had been gone through. There were other
clauses which might, he thought, require amendment, and
these amendments would again be tne source of discussion.
When he considered the number of clauses in the bill—he
believed 59—and when he considered also the discussion
which each clause would be likely to meet with, while he
thought that, ultimately, with such amendments the
clauses would be adopted, yet he could not say but that at
this period of the session, and of parliament, a very consi-
derable time would elapse before it would be likely to obtain
that result, and get the bill through committee. He did not
wish to argue the question as to what this was owing. No
doubt there were many bills in which there had been consi-
derable delay in getting through their clauses. Of these he
might mention the Reform Bill, the Poor-law Bill, and the
English Corporations Bill, which had neasesarily taken a
long time in their discussion in committee. Another cause
of the slow progress of this bill in committee might he the
unnecessary opposition made for the purposes of delay.
Another might be, that the bill itself was defective in
its framing; but he would not argue which of
these was the case, with respect to this bill. lie
had his own convictions on the subject, but the conclusion
to which he had come was that he could not now hope to
proceed with success with this measure in the present session
of parliament. He should, likewise, say, that there was
another special reason which applied to the circumstances of
the present time. They were not only, now, in the middle of
the month of July, but likewise at a period when not merely
the session but parliament was approaching its termination.
He believed that the present parliament had now sat for a
longer number of years than any parliament since that of
1926, and was close upon the completion M six years.
Hence there existed a natural expectation of a dissolu-
tion, and with that expectation ems all the can-
ing and essitseamat apes die dissolution el
pediment There was h Mina
w2E Sill.llllll
0111111PIUMBOR &gala not sieoliesd vilth _...... I/ , Ira u.s
they clearly saw that great good could be effected. At the
same time, he could not allow one word to drop from his lips
that could be construed to signify that his confidence in
the principle of the bill, as adopted by a majority of the
house, was at all shaken. The subject itself was admitted
on all hands to have excited the greatest interest in the
country, and no one had denied that legislation with refer-
ence to it was required, and therefore it must not be-expected,
though the bill was dropped for the present, that tie present
or any other government could drop the subject—(hear)—
or that they would not insist, at as early a period as
they could in the next session of parliament, upon such an
amendment of the law as appeared to be required. With
this statement, and not wishing at all to excite any irritating
discussion on the subject, and having given reasons which
he thought sufficient for not proceeding further with this
bill, he now moved that the order of the day for the committee
on the Health of Towne Bill be now read, for the purpose of
being discharged.
Mr. STEWART said he was extremely happy to hear
the statement just made by the noble lord at the head of the
government—not because he thought the subject of the bill
was one which ought to be trifled with, but because he conceived
it of such enormous importance that there ought to be no
legislation attempted upon it except under such circum-
stances, and in such a state of the house, and at such a
period of the session, as would enable the house to give
full consideration to the measure proposed to it on
this important motion. (Hear, hear.) Being honestly
minions to give his humble anistance to make the bill as
perfect as it was possible, he had since the measure was last
under the consideration of the house, bestowed a great many
hours of attention upon it ; and dike noble lord opposite
(lard J. Russell) would pardon him for stating what had
occurred to his mind in considering the bill, perhaps it was
possible some useful hints might be given with reference to
future legislation. In the filet place, he (Mr. Stewart) con-
ceived the bill to be framed in • manner that was entirely
faulty, in a manner which ought not to be again attempted.
The system of incorporating in one bill the provisions of
another statute, was extremely objectionable. The twenty-
first clause incorporated in this bill the whole of the previ-
sions of an act of parliament of very difficult construction. He
alluded to the Towns Commissioners Clause Consolidatioa
Act, which contained 116 sections, and which also incorpo-
rated within it another act of parliament ; so that, in fact,
the bill consisting of 58 sections incorporated no less than
790 clauses of different other statutes. (Hear, hear.) It
was right that the house should pause and consider before it
proceeded to legislate in this manner. (Hear, hear.) There
was great good sense in the observations made the other day
by the bon. and.gallent member for Brighton (Capt. Pechell),
when he said, . Before I can understand this 21st clause, I
must understand also the Commissioners' Clauses Consolida-
tion Act." (Hear, hear.) His (Mr. Stewart'sa first im-
pression of the clause was that it incorporated ()Dl,' portions
of that act, and he had put a question upon it to his hon.
and learned friend the Atterney-General, who replied
that every one of the clauses in that statute was
incorporated in this bill, together with their inter-
pretation clauses. It incorporated also the Railway Clauses
Consolidation Act, which contained 166 clauses. (Hear,
hear.) Both were so interwoven together r to pre-
sent to his mind the possibility of such a mass of
litigation as the house could have no conception of. The
con of any litigation that might arise on the construction of
this bill, if it passed into a law, would have to be paid oat of
the rates raised within the towns which might be brought
under its operation. Again, he must point out that there
was scarcely an important town in England that had not a
local act far its own sanitary government and regulation. He
held in bis hand the local act for regulating the affairs of the
important town of Liverpool. That local act contained no
is than 357 clause,. The bill now on the table, but most
wisely abandoned by the noble lord, affected the local act
which established a board of health in the borough of Liver-
pool, and it affected also every other local act passed
for the regulation of other towns In the kingdom. He men-
tioned the Liverpool act, because for the last two months he
had been engaged in an expensive and difficult litigation,
arising out of the construction to be put upon one of its
clauses. The question after litigation in Liverpool had been
three times before the Vice-Chancellor, and within the last
ten days before the Lord Chancellor, who felt so much diffi-
culty upon it that, to the grievous injury of a gentleman of
Liverpool, who was thereby prevented rebuilding a house,
lie had directed as action at law, to be tried at the ensuing
&niece, in order to determine the meaning of three
' words in the 94th section of that act. (" Heir," and
laughter.) He implored the noble lord at the head of the
government well to consider before he sanctioned legislation
which might give occasion to litigation of this kind. (Hear.)
Speaking as a lawyer, he (Mr. Stewart) must say he never
felt himself and his profession ea much degraded as
when called upon to argue the construction of words impro-
vidently introduced
into an act of parliament. If this bill
had been proceeded with, the country would have got into
a maze of difficulty from which he could not see any escape.
He, for one, concurred in what bad been stated the other
day by the hon. member for Finsbury—namely, that in
framing acts of parliament it would be much better if
laymen were employed more and lawyers lea. (" Hear,
hear," and a laugh.) He had come to the conclusion that
it was indispensably necessary to simplify the language of
the acts pained, and thereby to refrain from holding out
baits for litigation. They must now trust more to good
sense, and legislate on Leger sad more general terms. When
it was next attempted to legislate on this subject, the mea-
sure must be of a more simple character ; and he could
not see why the bill might not consist, not, of 68,
but of 10 sections. He was of opinion that they
ought to trust more to individual respo 'bility and
is to an attempt to meet, by complicated and unintel-
ligible legislatien, every case that might arise. He deeply
regretted the failure of this bill, because he felt the necessity
of some plan of sanitary reform ; at the same time he must
complain that when so much time had been spent upon the
bill, wandering that it had been recommitted and reprinted,
the bill had not been put into such a shape as that it could
have been proceeded with. (Hear, hear.)
Mr. AGLIONBY could not concur in the opinion
expressed by the hon. and learned member for Newark, that
for framing acts of parliament laymen ought to be em-
ployed instead of lawyers ; foe he believed the safest way to
prevent litigation was to adopt (which lawyers only could
do) the same form of words as had a recognised meaning
placed upon them by the courts of law. He regretted deeply
like failure of this bill, because he knew that many towns,
relying upon the general measures, had this year abstained
from applying to parliament for local acts for their sanitary
improvement.
Lord MAHON thought the noble lord at the head of the
government had, at this period of the session, exercised a
, wise aeration in withdrawing the present bill, and he could
' not bat express a hope that the noble lord, the First Com-
missioner of Woods and Forests, would, when he reintro-
eased this measure in the neat session of parliament, at the
man time bring forward a bill to prevent interments in
large towns, for it would be useless to legislate a sanitary re-
form unless that monster grievance was redeemed.
Sir W. CLAY took that opportunity of denying that any
arrangement had been made with the metropolitan members
for the exemption of the City of London from the operation
of this bill. On the contrary, he for one was anxious for
sanitary reform, and Landon had only been omitted because
its insertion is the bill would have raised difficulties in the
way of passing a general measure for the benefit of other
parts of the country.
Mr. HUDSON defended the city of York from the attacks
made upon its sanitary condition, and said he hoped that
any bill that might be introduced on this subject next ses-
sion would comprise regulations for the improved sewerage
of rural villages.
Mr. MACKINNON thought it would be most acceptable
to the country, if the noble lord opposite (Lord Morpeth)
would now give an assurance that he would, at the wallet
period next session, not only introduce this bill, but alms,
adopting the suggestion of the noble lord, the member for
Hertford (Lord Mahon), would bring forward a measure
on the subject of inter-mural interments.
Mr. WAKLEY hoped the noble lord would not Sul, in
the new bill, to include in its operation the City of London,
and every part of the metre,pogs.
Mr. HUMS concurred in the Portion aids by the
right hon. r.u......, opEttL (mr....=)eiit,t4....stf
districts should tr., inclu
isrw a , , ,
th;drvi7l7,7,l4Xdbruthti isobedro.riwa
ter_, a, "4
importance, of this bill, and no sasaf6rie mo
he was t• me a measure upon the • auciad
parliament ; but still he must see i ht ugh a RA
would be calculated to make itßat Wks ',Mfg User
true friends of sanitary reform? , limo who hag flelat
nsefct
~..
A