The Sun.
London, England, 1854-06-28 00:00:00

MORTMAIN BILL.

On the order of the day for going int• committee on

Mr. GREEN stated that there was a strong feeling
in the country against passing this bill in its present
form. If it passed in its present form he had not the
least doubt it would most injuriously affect a large num-
ber of most valuable charities throughout the country.
Under those circumstances, he hoped his hon. friend
(Mr. Headlam) would consent either to alter the form of,
the bill or to withdraw it altogether for the present.
(Hear, hear.)
Mr. HEADLAM explained the course he had taken
on this bill in select committee during two sessions, and
said he had not brought in the bill till two successive
Governments refused to do so. At the same time, he
was willing to give way to the wishes of the house in
modifying certain clauses. He regretted that no mem-
ber of the Government was now present. He thought
they ought to bel--(hear, hear)—for there barely could
be a more important bill. He was, however, quite in
the hands of the house. (Hear, hear.)
Mr. GOULBU RN considered they ought to have the
presence of some of the legal members of the Govern-
ment to give their opinion on this important bill, and
-he thought it ought to be postponed for that purpose.
Mr. HADFIELD thought the manner in which the
attempts of any private member to introduce important
bills was received was most discouraging, and byno mem-
bers of the house were such laudable attempts more
frowned upon than by the legal members of the Govern-
ment for the time being. He thought the hon. and
learned member (Mr. Headlam) deserved the thanks of
the house for having brought in this bill, and he hoped
he would press it into committee.
Mr. WALPOLE thought some protest ought to be
made on the part of the house against the fact of not
one single member of the Government being present,
who were bound to watch such highly important mea-
sures as the present. (Hear.) He would suggest to his
hon. friend (M±. Headlam) to postpone the bill till some
other orders of the day should be disposed of, and then,
perhaps, some members of the Government would be
present. (Hear.)
Mr. MASSEY thought no sufficient reason had been
advanced to induce the house not to proceed with the
bill. After the Government had allowed the bill to be
read a second time, they ought to have been present, and
some stand ought to be made against this practice, which
was not the practice of this Government only, but of
every Government. (Hear.)
Mr. BOUVERIE thought it would be unworthy the
dignity of the house if they were to acknowledge, by not
proceeding now with the bill because certain members
of the Government were not present, that they were not
themselves competent to deal with such a bill. (Hear.)
Mr. SPOONER thought it would greatly facilitate
the passing of the bill if the house knew the intentions
of the Government on it, and he concurred in the
suggestion of the right hon. gentleman (Mr. Walpole) to
postpone it till some other orders of the day were
disposed of.
Mr. HATHERTON hoped the house would go into
committee at once on this bill, for the introduction of
which he considered the hon. and learned gentleman
(Mr. Headlam) deserved the thanks of the house and the
country.
Mr. MOWBRAY concurred in the suggestion for
postponing the consideration of this bill till after the
other orders of the day were disposed of, and he moved
that it be'at once so postponed.
Mr. HEADLAM said he had heard no objections to
any portion of the bill but the lath and 16th clauses,
and he should consent to postpone those two clauses, if
the house wished, till some members of the Government
were present.
The house then divided on Mr. Mowbray's motion
for postponing the consideration of the bill till some of
the other orders of the day were disposed of. The num-
bers were--
For the motion 74
Against it . 55
Majority for the motion —l9
The motion for postponing the bill was accordingly
Carried.

INIORTMAIN. BILL.
Much amusement Was caused by the Clerk then
readingon t again the order of he day for going into com-
mitte
moved that the consideration
Mr. MOWBRAY then
of the bill be postponed till after the other orders of the
day were disposed of.
Mr. BOUTERIE repeated his previous observation,
that it would be unworthy of the house to_
the Crow=
to go
on with the bill because the law officers of
were not present.
Mr. BOWYER considered the further consideration
of the bill ought to be postponed till next session,
Mr. GOULBLT RN thought the house ought to go at
once into committee on the bill.
Mr. MOWBRAY said a, suggestion was made to him
by his honourable and learned friend (Mr. Headlam),
that he had no objection to postpone the consideratiorA
of the 13th and 16th clauses fur the present, providctd
the house went at once into committee on the bill.
Under those circumstances he begged to withdraw his
motion.
The motion was then, by leave, withdrawn, and the
house went into committee on the bill.

On clause 3, which provided that the quantity of land
to be devised for the purposes of building schools or
churches, should be limited to five aores,
Mr. MULLINGS moved an amendment, that the
quantity should be limited to two acres.
Lord PALMERSTON (who had entered the house
a few minutes previously) supported the original propo-
sition of the clause.
Mr. MAGUIRE considered that burial grounds should
be exempted from the operations of the bill.
After a good deal of discussion, the amendment was
withdrawn.

Clause 3, as amended, was then agreed to.
Clause 4 was agreed to without discussion.
Clause 5 gave rise to a good deal of technical discus-
sion, which brought out the legal members in great
force. Ultimately the clause was amended by striking
out parts of it, and making additions to it. The object
of the clause appeared to be to define the meaning of the
term " site," and to provide that, if land left for a spe-
cial purpose should not be appropriated to that pnr.