The Sun.
London, England, 1844-07-30 00:00:00

METROPOLITAN BUILDINGS BILL.

The Duke of BUCCLEUCH moved the second read-
ing of the Metropolitan Buildings Regulation Bill. The
principle of the Bill had been already assented to by
the House in a former session. It was rendered neces-
sary by the imperfection of the Act of 1776, which
was now in force, but which was quite inadequate
to carry out its own enactments. In some cases
its provisions were too harshly and oppressively en-
forced, and in others they were too much relaxed.
The present Bill provided for the proper width
of streets, alleys, and courts, for the secure build-
ing of houses, for the construction of drains for every
house, for ventilation, the height of rooms, and the spaces
between the rear of houses. It provided also measures
for preventing the erection of houses in the metropolis
unfit for human habitation. All surveyors under
this Act would be required to pass an ex-
amination as to their qualifications. This was a
very desirable provision, for, under the existing
system persons were appointed, who, however respect-
able in other respects, were wholly ignorant of the busi-
ness of a surveyor. It was proposed to appoint, with
salaries, certain official referees, who should determine
all disputes under the Act. There would also be a
registrar, to whom the surveyors would be required to re-
port their prom edings once a month. In the present system
it frequently occurred that a surveyor surveyed his own
buildings. The surveyor was frequently a builder, and
it was obvious that persons having houses to build
within his district had a strong inducement to employ
him as their builder. This Bill required that
when a surveyor was employed to build houses
in his own district, the official referee should
appoint another surveyor to survey such buildings. The
Act now in force was very unequal in the extent
of its application. For instance, part of Chelsea was
included, and the whole of Kensington was ex-
cluded from it. He thought that the present Bill
would best be discussed in Committee, and all he
wmed now say was, that it would introduce
great uniformity into the law, and would be simple
and intelligible, and in many respects less stringent than
the present law. He only asked their Lordships to read
it now for the second time.

Lord CAMPBELL objected to the pressing on this Bill
at so late a period of the session. It had only come
up from the other House on the 22d of July,
yet' it was as long as the Code Napoleon.
—(Hear, and laughter.) It contained one hundred and
eighteen clauses—(Hear, hear)—and was it to be ex-
pected that their Lordships should sit down to examine
these clauses at this season, to the entire ne-
glect of every thing else? In fact, the Bill
could not go through Committee in less than a
month or five weeks, unless the committal were a
mere farce. Yet, it was important that the Bill should
be thoroughly examined, as it would affect property and
existing interests in the metropolis to a vast extent. As
far as he had examined the Bill, he found it imperfect,
in several respects, objectionable. Of course, he approved
of the principle, but he entirely disapproved of
the machinery. t was proposed to appoint a registrar,
and•three official referees, with salaries of 1,0001. a year,
to be paid out of the county-rates. Agair, he
admitted that it was right to interfere with
property when the public health or safety re-
quired it, but not otherwise. But the official referees
would have a power which had been taken out of the
hands of the Crown, to withhold the operation
of a prohibitory law, and to say Non obvtat. The re-
ferees would have the power of withholding at their dis-
cretion the operation of the 118 clauses of which this Bill
consisted. It was quite clear that there would not be
time to discuss the Bill adequately, and he should,
therefore, move. as an amendment, that the Bill be read
a third time this day three months.
The Earl of CADOG AN was understood to say that
he agreed with the Noble and Learned Lord, that the
Bill was brought up at too late a period of the session to
be sufficiently considered.
The Earl of BESBOROUGH said that the Bill had
been prepared with great care, and he thought it would
be rather hard to throw it out on the second reading,
without a discussion in Committee.

The Earl of KINNAIIU) approved of much that was
contained in the Bill, but he was still of opinion that it
came too late into that House for this session, There
were several enactments proposed in it, for carrying out
which there was no provision. Amongst others, it was
proposed to turn out all those who lived in cellars and
other places in the metropolis unfit for human habita-
tion. But there was no provision for other dwellings for
them, nor was it proposed to facilitate the erection of
new buildings by taking off the tax of ten per cent. on
that kind of property. He should be sorry to see the
Bill lost altogether, but he thought it would be best to
postpone it till the beginning of next session.
The Marquis *1 SALISBURY regretted that the
Noble and Learned Lord opposite had thought it neces-
sary to oppose the Bill. He hoped their Lordships
would pass the second reading and allow the Bill to go
to the Committee. At the same time he complained of
the House of Commons loading their Lordships' table
with important Bills so late in the session—some of these
Bills, like the present, containing 118 clauses. Ile
hoped the Noble and Learned Lord would withdraw his
amendment, and let the Bill be committed, with the
understanding that it should not proceed further until
the beginning of next session, an understanding that had
been come to in respect to other Bills.
Lord CAMPBELL said that if her Majesty's Go-
vernment would agree to the understanding proposed by
the Noble Marquis, he (Lord Campbell) would withdraw
his amendment ; but if the Noble Marquis was deter-
mined to press the Bill to a third reading this session, he
would take the sense of the House.

The Earl "of WICKLOW agreed with the Noble
Marquis near him (the Marquis of Salisbury), that it
would be advisable to allow the Bill to go into Com-
mittee, in order that their Lordships might be the better
able to deal with it next year. He did not think that
the lateness of the session was a good reason for re-
fusinf= to read a Bill the second time, because nobody
could tell how long the session might last.
Lord COTTENHAM said that he was surprised
to hear the Noble Earl say that the lateness
of the session was no objection to the second
reading of an important measure ; whereas, when the
Noble Marquis and the other Noble Lords round him
(on the Ministerial side) sat on that (the Opposition)
side of the House, it was a very frequent objection to
important measures that they were brought up too late.
—(Hear, hear.) This Bill was of very great importance,
affecting a vast amount of property in a range extending
to twelve miles round the metropolis. He was in the
same condition as most other Noble Lords as to this Bill,
that is, he had had very little opportunity of examining
its provisions. He found that it would interfere in a
very singular way with the relations between landlord
and tenant. It would alter contracts, and yet allowed
either party to enforce the contract as so altered, even
though the other party should desire that the contract
should cease upon the alteration. The present law for
the abatement of nuisances was to be superseded, at the
same time that the Bill provided no practical means of
abatement instead. For these and several other objec-
tions he should support the amendment.

The Duke of BUCCLEUCH thought that the objec-
tions which he had heard were against the details of the
Bill, and not against the principle. He had purposely
put off the second reading of the Bill to this day, in
order that Noble Lords might have an opportunity of
reading it. But he found the same result in all cases.
He found that no matter how early a Bill was brought
into Parliament, no Member read it until the day it
came on for the second reading—except some one who
took a particular interest in it. He should consider it
his duty to press the second reading of the Bill ; and
also to move that it be committed, for he was convinced
that, with very little amendment, it could be made a
valuable measure.

Their Lordships then divided, when there appeared—
For the second reading
For the amendment B.
Majority —23

The Bill was then read a second time, and ordered to
be committed to-morrow (this day).
Several Bills on the table were forwarded a stage, and
the House adjourned.