hon. Gentleman by not pressing the Esti mates. Committee of Supply postponed. HOUSE OF LORDS, Monday, June 23, 1845. MINUTES.] Sat First.-The Earl of Abergavenny, after BILLS. Public.-1. Real Property (Lord Chancellor). 3a. and passed :—Small Debts (No. 2); Turnpike Roads (Scotland) Act Amendment. Private.-1 Eastern Union Railway Amendment; Lynn and Dereham Railway; Manchester, Bury, and RossenLondon and Brighton Railway (Horsham Branch); Londonderry and Enniskillen Railway; Londonderry and Coleraine Railway; North Wales Mineral Railway; Chester and Birkenhead Railway Extension; Cornwall Railway; Hartlepool Pier and Port; Ashton, Staleybridge, and Liverpool Junction (Ardwick and Guide Bridge Branches) Extension; Ulster Railway Extension; Great Southern dale Railway (Heywood Branch); Cromford Canal; and Western Railway (Ireland); Dublin and Belfast Junction Railway; Manchester South Junction, and Altrincham Railway; Blessington Estates (Earl of Charleville); Follett's or Molyneux's Estate. 2. Newcastle and Berwick Railway; Shaw's Waterworks; Glasgow, Garnkirk, and Coatbridge Railway; Guildford Junction Railway; Great North of England and Richmond Railway; York and North Midland Railway (Harrogate Branch); Clydesdale Junction Raiiway; Bir mingham Blue Coat Charity School Estate; North Walsham School Estate (Lord Wodehouse's); Lancaster and Carlisle Railway. Reported.-Great Grimsby and Sheffield Junction Railway; Earl of Onslow's Estate; Newcastle-upon-Tyne Coal Branch); Morden College Estate; Leeds and Thirsk Railway; Newcastle and Darlington (Brandling Junetion) Railway; Waterford and Kilkenny Railway; Sheffield and Rotherham Railway; Midland Railways (Not tingham to Lincoln); Midland Railways (Syston to Peter borough); Lynn and Ely Railway; Ely and Hunting don Railway; Battersea Poor; Monkland and Kirkin- Railway (Bridlington Branch); Whitby and Pickering Oldham, and Heywood Branches); Kendal and Win- Cemetery. PETITIONS PRESENTED. By Marquess of Londonderry, from Landowners and others of Monaghan, aud several other places, against the Banking (Ireland) Bill.-By the Marquess of Breadalbane, from Necton, and numerous other places, against the Charitable Trusts Bill.-From Canons of Cathedral Church of Durham, for Exempting a certain Charity from the provisions of the Charitable Trusts Bill.-From Protestant Dissenters of Llantarnam, West Hackney, and Batley, against Increase of Grant to College of Maynooth.-By the Bishop of Durham, and the Marquess of Normanby, from Windynook, and several other places, for the Suppression of Intemperance, especially on the Sabbath; and from Inhabitants of Fortwilliam, and a great number of other places, against the running of Railway Trains on the Sabbath.From Caithness, and Dunoon, against Repeal of the Laws which require the Subscription of Religious Tests from Professors and others bearing office in Scotch Universities.—From Commissioners of Supply, and others of the County of Ross, against the Banking (Scotland) Bill. From Lauder, in favour of the Turnpike Roads (Scot land) Act Amendment Bill.-By Duke of Richmond, from Farmers of Town and Neighbourhood of Alton, complaining of Recent Alteration of Corn Laws, and praying for Relief. From Landowners and others of Christian Malford, and several other places, for Protection to Agriculture. From Brewers of Birmingham, praying that the Court of Requests may be so Extended as to enable them to Recover Debts not exceeding 201.-From Chetwynde, against the Union of St. Asaph and Bangor, and in favour of the Appointment of a Bishop of Manchester. MAYNOOTH COLLEGE BILL - THE BISHOP OF LONDON.] The Marquess of Normanby begged to call the attention of the House to a point of order. It might be in the knowledge of some of their Lordships that a protest had been entered upon the Journals against the third reading of the Maynooth Bill, which had been signed, amongst the noble Lords, by the right rev. Prelate opposite (the Bishop of London.) He understood it to be the invariable practice of the House that no noble Lord should sign a protest, unless he had been personally present and voted on the question. It was contrary to custom to refer to the terms in which a protest had been drawn ; but he might nevertheless observe that this protest was couched in pretty strong terms, stating that the Maynooth Bill was contrary to the principles which had placed the reigning family on the Throne. The right rev. Prelate had signed this protest, but he had not been present at the third reading, and had voted by proxy. He (the Marquess of Normanby) was ready either to submit a Motion on the subject, or to leave it to the right rev. Prelate to move that his name be withdrawn. The Bishop of London said, he had taken part in the discussion on the Bill, and he was not aware that it was necessary for him to be actually present on the third reading to entitle him to sign the protest. As it was, it only remained for him to apologize to their Lordships for any trouble he might have put them to in consequence of his ignorance of the form, and to withdraw his name from the protest. Lord Campbell wished to know whether it was an universal custom of the House that a protest should not be signed by a noble Lord unless he were present when the question was put? The Lord Chancellor said there could be no doubt at all about the practice. Leave given to withdraw name from the Protest, his Lordship not having been present on the Question being put for the third reading of said Bill, but having voted by proxy. TENANTS COMPENSATION (IRELAND) | the case was a very serious one, and the BILL.] The Marquess of Londonderry circumstances were of an aggravated comasked the noble Lord (Lord Stanley) what plexion, the usual practice was to wait for were the intentions of the Government with the report of the coroner's inquest. If respect to the second reading of the the circumstances were unsatisfactory, Landlord and Tenants Bill, which stood they had invariably pursued the course for to-morrow, and whether they intended of sending down the Inspector General to to press the clauses, the compulsory view the place which had been the scene clauses especially, in their present shape? of the accident, inquire into the circumLord Stanley replied, that the Govern- stances, and report to the Board. The ment could not, consistently with what result of this inspection was usually a they felt they owed to the public service, communication from the Board to the consent to postpone the second reading. railway company, setting forth the case, If the Bill should be read a second time, and suggesting any alterations that might it was then his intention to move that it appear requisite. There, he was sorry to be referred to a Select Committee of their say, the authority of the Board stopped Lordships, by which the details and short; they had no absolute authority to clauses would be fully and impartially require alterations, though the responsibility cast upon the Company by the Board of Trade was often sufficiently strong to bring them about. Upon all such unfortunate occasions immediate attention was shown, and an inspector was immediately sent to decide whether the railway stood in want of repair. As to the reports made upon those accidents, of course there would be no objection to lay them on the Table of the House; and they might, if necessary, be embodied in an annual Report on the subject of railways. If the noble Marquess wished to have the reports as to the recent accidents laid on the Table, there would be no objection. considered. RAILWAY ACCIDENTS.] The Marquess of Lansdowne wished to ask the noble Earl opposite three questions with reference to a subject of great importance, that of accidents on railways. First, whether, in the case of any accident occurring on a railway, the state of the law or the practice of the Board of Trade required a report of it to be made to the Railway Department? second, whether an inquiry was immediately instituted by order of the Board? thirdly, whether, if such inquiry were instituted, there would be any objection to report the result of such inquiries, as they occurred, to that House or the public? The Earl of Dalhousie said, in answer to the first question, as to whether railway companies were bound by law or practice to make reports of any accident occurring that by the Act of 1840, and he thought by a subsequent Act, railway companies were bound to report to the Board of Trade any accident attended with loss of life within forty-eight hours after its occurrence. With respect to other accidents, not attended with loss of life, they were also bound to make a report, though not within so short a period; and, to the best of his knowledge and belief, such reports were invariably made. He was not aware of any instance in which such a report had not been made; if it was neglected, undoubtedly the full penalty would be put in force against the company. With respect to the course of proceeding adopted by the Department on receiving these reports, their practice was according to the circumstances of the case. Unless The Duke of Wellington wished to know whether any Report had been made to the Board of Trade as to an accident caused in the neighbourhood of Bridgewater by the luggage trucks getting off the rails? The Earl of Dalhousie said, no such Report had been received, nor had the Board been made acquainted with the accident. SMALL DEBTS BILL. (No. 2).] On the Motion of Lord Brougham, the Small Debts Bill was read 2a. Lord Brougham then moved the suspension of the Standing Orders, Nos. 26, and 155. Standing Orders considered and dispensed with. House in Committee. Bill reported without amendment. The Duke of Richmond objected to the clause giving to gaolers the power of taking the affidavits of a prisoner seeking for release. He disapproved of allowing the gaoler to administer the oath, and wished that this office should be assigned to the visiting justices. The gaoler was often required to be absent at the assize town, and was, besides, an inferior officer. Lord Brougham remarked that the Clerk of the Papers in the Queen's Bench, as well as other officers, very inferior in place to the gaoler, administered oaths. A prisoner had no means of drawing any of the visiting justices to the prison to take his oath. The gaoler never could be absent, except when at the assize town, which very seldom happened, for they were generally held in the same town. He would have no objection to insert the words " or the visiting justices." Lord Portman thought it desirable to confine the administration of oaths to the visiting justices. The Earl of Wicklow thought the clause introduced an objectionable novelty, unnecessary for its purpose. Lord Campbell had no objection to allow the governor of the gaol to exercise this function. The governors of gaols were extremely respectable men; he knew many instances in which they had been officers in the Army or Navy, and were above all exception. The Lord Chancellor said, unless the provision of the clause were adopted, the persons whose case it was intended to meet would be left without remedy, for there were no means of procuring the attendance of Masters Extraordinary, who might administer the oaths. Lord Brougham added, that oaths might be administered by gaolers with as much solemnity as in that House. During the judicial proceedings of that House oaths were often administered in a corner, in a whisper, and in a manner not likely to make any serious impression on the minds of the witnesses. The Duke of Richmond suggested that the wording should be amended, so as to make the oath administerable by the visiting or other justices, or if their attendance could not be procured within a certain number of hours, by the gaoler. The Earl of Radnor entirely concurred with his noble and learned Friend as to the lamentable carelessness and levity with which oaths were often administered in the judiciary proceedings of England, and hoped that a remedy would speedily be acquired, now that their Lordships' attention had been called to the subject. Lord Brougham had no objection to the noble Duke's suggestion, and would make the oath administerable by the visiting or other justices, or if their attendance could not be procured within twelve hours, by the gaoler. Amendments made. Bill read 3a, and passed. TURNPIKE ROADS (SCOTLAND) ACT AMENDMENT BILL.] The Duke of Richmond moved the third reading of this Bill. Bill read 3a. Lord Polwarth approved of the principle of the Bill, which went to abolish public houses at toll-gates; but he thought that in thinly populated districts some provision should be made for the wants of travellers. Though he gave his assent to this measure on principle, he still thought some consideration should be had for those who had invested large sums in those toll-houses. He should therefore propose a clause, for the purpose of exempting from this Act all such districts as were thinly inhabited, and two miles from any town, village, or public house. The Duke of Roxburgh should vote for the passing of the Bill as it now stood. It was true that considerable sums of money were laid out on these houses; but the law only recognised a revenue drawn from the tolls, and from no other source. When it was seen how these houses were erected in the most populous districts, and in the suburbs of towns and villages-when it was mentioned what evils were brought upon travellers from this system-and above all, when it was borne in mind how the present houses tended to demoralize the people, he trusted their Lordships would not assent to any qualification whatever of the principle of this measure. The Duke of Montrose said, he had presented a number of petitions against this Bill. He supported the clause of his noble Friend (Lord Polwarth), as he knew that the carrier was frequently obliged to cross moors of an extent of nine or ten miles without meeting with a single public house or place of refreshment. Lord Campbell must oppose this clause, which, if inserted, would render the Bill not worth a farthing. Enormous mischief had been done by allowing these toll houses to be converted into public houses. All the petitions which had been presented proceeded on the principle that large sums had been advanced for making and repair better to allow the licensing of the present houses, and no more, except in cases where public houses were more than five miles distant? ing the turnpike gates, and that those who Lord Beaumont: That would extend the operation of the proviso of the noble Baron (Lord Polwarth). The Duke of Richmond; The case stood thus-certain gentlemen (amongst others himself) chose to expend money on these toll gates, and, to get a return as quickly as possible, the public house system was attempted to be justified. 'Twas nonsense to say a Scotchman could not walk more than two miles without whisky. These houses were open every Sunday, and horrible scenes of riot and drunkenness took place in them. He found he must postpone this Bill to Friday, as he was informed by his noble and learned Friend on the Woolsack, that the Commons might object to it, as containing a money clause. The Bill was one of great importance, and he, for one, must say he could not understand why there should be one law for England, and another for Scotland. Further debate adjourned to Friday. The Duke of Buccleuch entirely approved of the principle of this measure; but thought, at the same time, something was to be said for the petitioners against it. He hoped the day was not far distant when all licenses to toll houses would be withdrawn; but, at the same time, he thought some consideration should be shown to those who had invested large sums of money on the faith of the law. BANKING (SCOTLAND) BILL.] The He could not concur in the sweeping con- Earl of Ripon moved the second reading of demnation pronounced on these houses by this Bill, and said it would be unnecessary the noble Lord (Lord Campbell). He ad- to trouble their Lordships at any length. mitted there was much immorality in them He would, however, give a brief explanaas to drunkenness; but as to the other vice, tion of the grounds of this measure. Their the announcement was new to him, and Lordships were aware that in the course of its commission was certainly not the rule. the last Session two Acts had been passed He thought the proposal as to two miles for the regulation of the banking system of much too near, and to say what were England-one relating to the Bank of "thinly inhabited districts" would be England, the other to Joint Stock Banks found very difficult. There were, how--and he believed it had been admitted ever, many remote parts of the country, the traffic of which was not sufficient to maintain an inn, and where it was most desirable (particularly when snow storms came on) there should be some place of refreshment. He thought more evil was done by the indiscriminate manner of granting licenses than by those toll gate public houses. that the principles upon which these two laws had been founded were wise, just, and consistent with the public interests; and he had reason to think that the anticipations which had been formed of the results of those measures had been realized. These circumstances naturally led to the consideration whether it was not advisable to propose to Parliament the adoption of some measure with a view of regulating the pub-currency-not so much the currency as the banking system-of Scotland; not with the intention of assimilating one with the other, because the system which prevailed in Scotland, and which had existed there many years, had not produced any serious mischief or inconvenience. At the same time it would be a great advantage, as re The Earl of Haddington saggested "four or five miles distant from any lic house," as an Amendment to the clause of the noble Baron (Lord Polwarth). Lord Kinnaird should vote against the clause. The trustees let these houses to the highest bidder, and had, therefore, no control over the holders. Lord Ellenborough: Would it not be garded the general banking system of the country, if there was some approach to a rational assimilation, as far as circumstances admitted, between the systems in each part of the country. Upon this principle the present measure was founded, and he would state shortly the nature of the measure. It was proposed not to deprive the banks of Scotland of that privilege which they had not abused, as compared with other parts of the United Kingdom, namely, of issuing notes below 51.; it was not intended to interfere with that; it was not desirable to push an abstract principle to excess; but it was thought expedient to impose something in the shape of a limitation of the amount of issne by the banks in England. The effect of the Bill would be to give a species of monopoly to about nineteen banks of Scotland for the issue of notes. But in order to prevent an excess of issue occurring in that part of the country, it was proposed to limit the issue of notes by these nineteen banks. The principle was this: an average statement was taken of the issues of all the banks, collectively as well as separately and individually, for thirteen months, between the 1st of May, 1844, and the 1st of May, 1845; and it was proposed that the average of the total issue in these thirteen months should be the maximum amount of the issues of each and of all the banks, as far as depended upon securities. But it was proposed by this Bill, in order to enable the Scotch bankers to give still further accommodation, should it be necessary, to allow them, in addition to issue any amount of notes they pleased in proportion to the quantity of coin which, within a period of four consecutive weeks, might be in the coffers of each bank. Each bank, therefore, could not only issue notes to the amount of its average paper issue for the year which the Bill took as the standard of future issues, but might also make an additional issue of notes in proportion to the quantity of bullion in its possession at a given period. He might be allowed to explain to their Lordships the practical effect of this measure upon the amount of currency in Scotland. It appeared that the average circulation in notes of Scotch banks might be taken at 3,063,000l., and that would be the maximum amount to which they could continue to issue upon securities; but there was no doubt that considerable inconveni ence might arise at particular times if they possessed no facility for extending their issues beyond that amount; for circumstances might occur which would render an increased issue not only not detrimen tal, but a positive advantage to the public interests. It was therefore provided that they might make a further issue based upon the quantity of coin in their possession. It appeared, that the average amount of bullion held by the banks in Scotland might generally be taken at onefifth-though in some cases it was onefourth, and in others, he believed, even as high as one-third of their total issues; so that if the issue they could make upon securities was 3,063,000l., and taking the average amount of bullion on hand at one-fifth of that amount, they could make a further issue to the extent of 600,0007.; and their total issues would, in that case, amount to 3,663,000l. Now, this amount of 3,663,000l., which they might issue without obtaining any further stock of bullion, was, in fact, much larger than had been issued during any month of the year upon which the average was based. It appeared that the largest amount issued by the Scotch banks in any one month of the year ending April, 1845, was 3,486,000l., in the four weeks ending September 7; and under this measure the banks, without obtaining additional gold, would be permitted to issue to the amount of 3,663,000l. He considered, therefore, that there was no reason to apprehend that any inconvenience would arise from the operation of this Bill; but that, on the contrary, it would be productive of great advantage. must also be recollected that one of the main securities these Scotch banks had had against danger to themselves was the power and the solvency of the Bank of England; for whenever any difficulties occurred to the Scotch banks they must draw the supplies necessary to meet them from the Bank of England. That being the case, and there never having been manifested on the part of the people of Scotland any desire for a gold circulation, Scotland had never been exposed to those evils which had been experienced in this country by the circulation being excessive, and, as had been the case, the gold in the coffers of the banks being reduced to almost nothing. It was considered by the Government most desirable that the banking establishments of Scot It |