Clause agreed to. thereof shall be liable, at the discretion of the Amendment (by leave of the Comcourt, to be imprisoned for any term not ex-mittee) withdrawn. ceeding two years, with or without hard labour." This was intended to prevent masters from using their power for the moral degradation and ruin of their dependents with impunity. THE EARL OF DALHOUSIE said, he would accept the clause. THE MARQUESS OF SALISBURY said, that the age on the Notice Paper had been originally printed as sixteen, and now it was moved to make it eighteen. The proposal might be right; but it seemed a very strong measure to start suddenly on the House so large an alteration of the law. THE LORD CHANCELLOR said, the age of sixteen had been put in by mistake, where eighteen was intended. LORD MOUNT-TEMPLE said, he would withdraw the clause, and bring it up again on the Report. Amendment (by leave of the Committee) withdrawn. Clause 8 (Householder, &c. permitting defilement of girl under sixteen on his premises guilty of misdemeanour). LORD MOUNT-TEMPLE moved an Amendment, with the object of enabling other persons than Inspectors, Superintendents, or officers of police to initiate proceedings. Amendment moved, in page 3, line 6, after ("rank") insert ("or other person.")-(The Lord Mount-Temple.) THE MARQUESS OF BATH said, he thought it would be objectionable to give this power to the common informer. THE BISHOP OF PETERBOROUGH said, that under the Act of George II. any two householders had it in their power to lay information, and thereupon the police constable was required to proceed with the case before the magistrate. But the clause, as it stood, proposed to repeal that portion of the Act of George II., and confined the power to the police alone. It was, in his opinion, of great importance that the power which the two householders had should be retained. THE DUKE OF RICHMOND AND GORDON said, that he differed from the right rev. Prelate (the Bishop of Peterborough). He believed that the Act of George II. would still remain in force. Lord Mount-Temple On the Motion of The Earl CAIRNS, the following new clause was agreed to, and inserted, to follow Clause 8:: (Abduction of a girl under eighteen years of age.) "Whosoever shall unlawfully take or cause to be taken any unmarried girl, being under the age of eighteen years, out of the possession or against the will of her father or mother, or of any other person having the lawful care or charge of her, shall be guilty of a misdemeanour, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years with or without hard labour." Clause 9 (Summary proceedings against brothel keepers, &c.) THE EARL OF PEMBROKE said, that these clauses, taken together with the rest of the Bill, constituted an attempt to squeeze immorality out of existence. The only effect of thus shutting the safety-valve on a force which would find some exit would be to defeat the chief objects of the Bill. On the one hand, it would produce clandestine brothels, disguised as shops and places of business; on the other, it would drive vice into the streets, and defeat the provisions of the Bill against street vice. If they had to make a choice between brothels and street vice, there could be no doubt as to which should be chosen; for the one exposed the innocent to temptation, and the other did not. He was not, however, in favour of repealing the existing Acts against brothels, as such places would tend to become nuisances if the whip of the law were not suspended over them. Amendment moved, "To leave out Clause 9."-(The Earl of Pembroke.) THE EARL OF DALHOUSIE, in opposing the Amendment, said, that the law, as it stood, was wholly inoperative to suppress houses of ill-fame. He was perfectly well aware that the clause gave large additional powers to the police; but it seemed impossible to enlarge their powers at all without going thus far. He did not suppose the police would endeavour to stamp out all brothels, which it was impossible to do; but they would, by this clause, be able to deal more efficiently with disorderly houses. THE ARCHBISHOP OF YORK said, the | and learned Earl on the Woolsack had comparative security of the houses was remarked that our position with regard in itself as great a temptation as lads to brothels was unique; but he seemed were exposed to in the streets; and, to forget that, in almost every Continental therefore, the argument for diminishing country, they were not only restricted, temptation in the streets might be ap- but tolerated and licensed. Efforts made plied to the suppression of the houses. in other countries and in other times to A Bill of this kind had been forced on suppress them had singularly failed. the Government, and its object was to The only result of bringing the police improve morality as far as legislation into close administrative connection with could do it. these houses would be that a system of THE LORD CHANCELLOR said, toleration and licence would spring up, his experience was that successful pro- which, while repressing the more open ceedings against houses, when they had and disorderly brothels, would encourage been taken in that part of London in clandestine ones. He was also afraid which he himself resided, had materially the power conferred by the clause was diminished the nuisance of street-walk-one which might be used for purposes ing; but the law, as it stood at present, was unique, and far too cumbersome and irksome to secure its uniform administration. EARL CAIRNS said, that what the noble and learned Earl on the Woolsack had stated was confirmed by what had been done in the City of Glasgow, where the suppression of the nuisance in one form was followed by its mitigation in the other form of street-walking. THE EARL OF MILLTOWN supported the Amendment, contending that the clause was utterly foreign to the object of the Bill. He thought that the testimony adduced showed that the law was sufficient if it were enforced. THE BISHOP OF PETERBOROUGH, in opposing the Amendment, said, that the speeches against the clause amounted to this-that brothels were half desirable, and, therefore, they should not interfere with them too much; and half undesirable, and, therefore, they should preserve a law which did not interfere with them at all. ["No, no!"] ["No, no!"] Of course, authors did not like other people's abridgment of their works. But the argument involved the logical conclusion that in the interests of morality the houses ought to be licensed, and distinguished by some conspicuous sign. Those who took practical pains in this matter knew that the existing law was utterly futile and insufficient to cope with the evil, and they ought either to repeal it, or else make its provisions efficient. THE MARQUESS OF SALISBURY said, he must be allowed to express some doubt as to whether the clause would have all the effect its authors imagined or desired it would have. The noble of private malevolence or extortion. He did not, however, recommend his noble Friend behind him (the Earl of Pembroke) to go to a Division. Amendment (by leave of the Committee) withdrawn. Clause agreed to. Clause 10 (Power to owner of premises to determine tenancy of occupier convicted of keeping brothel) agreed to. Amendment moved, After Clause 10, page 5, insert as a new clause-"Every lease or agreement for a tenancy of any premises shall be deemed to contain, if under seal, a covenant, and if in writing not under seal or by parol, an agreement, by the lessee or tenant for himself and his assigns with the lessor and his assigns, that the premises shall not, nor shall any part thereof during the term, be used as brothel or disorderly house; lease or agreement on breach of any covenant and any power of re-entry contained in such or agreement therein contained shall be deemed to apply to such covenant or agreement as aforesaid."-(The Lord Coleridge.) LORD BRAMWELL said, that the clause lost sight of under-leases and mortgages. THE LORD CHANCELLOR said, that, as he understood the clause, it would be at the landlord's option whether the lease should be voided or not. But it was not clear whether it was the immediate or superior landlord who could exercise the power. LORD BRAMWELL thought that, if Clause 11 were examined in connection with the section under discussion, it would be seen that the landlord had but little option in the matter. LORD COLERIDGE said, that, with regard to the criticism of the noble and learned Earl on the Woolsack, he would amend the clause, so as to make it applicable only to immediate lessor and lessee. THE EARL OF DALHOUSIE said, he would suggest that his noble and learned Friend (Lord Coleridge) should withdraw the clause, and bring it up again, in an amended form, on the Report. Amendment (by leave of the Committee) withdrawn. Clause 11 (Power to court on second conviction in respect of same premises to make owner give security) agreed to. Clause 12 (Search warrant for detection of brothel). Amendment moved, "To leave out Clause 12."(The Earl of Milltown.) THE EARL OF MOUNT-EDGCUMBE said, he thought that the clause was too wide in its scope, and could hardly pass through the other House of Parliament. THE MARQUESS OF SALISBURY said, he would point out that the clause was most objectionable, as it gave the police power which might be abused, and cause the most terrible injury and outrage to innocent persons, while it would prove useless against those whom it was intended to reach. THE EARL OF DALHOUSIE said, he would consent to the omission of the olause. was open to serious abuse, and that it would enable any woman of bad character to bring charges for the purpose of extortion against male passers-by of having importuned her for an immoral purpose. It would be better, perhaps, if the noble Earl would bring up, upon the Report, a fresh clause calculated to secure his object. Amendment (by leave of the Committee) withdrawn. On the Motion of The Lord Archbishop of YORK, the following Amendment made-In page 6, lines 15 and 16, leave out ("loiters and importunes passengers for the purpose of prostitution") and insert ("Loiters for the purpose of prostitution or importunes or solicits passengers for the purpose of prostitution.") On the Motion of The Lord COLERIDGE, the following Amendment made:-In page 6, line 33, after ("discretion") insert ("Either sentence her to be imprisoned for any time not exceeding six months with or without hard labour, or may (if in the judgment of the court she is under the age of sixteen years) in addition to or in substitution for any such punishment.") THE BISHOP OF ROCHESTER moved, as an Amendment, that the age during Amendment agreed to; Clause left out which a girl might be retained in a reaccordingly. Clause 13 (Amendment of 2 & 3 Vict. c. 47, s. 54, and 10 & 11 Vict. c. 89, s. 28, as to prostitutes). THE EARL OF SHAFTESBURY, in moving an Amendment, with the object of rendering men as well as women liable to punishment for loitering for immoral purposes in any thoroughfare or public place within the limits of the Metropolitan Police District, said, that hundreds of thousands of poor girls who were employed in factories, and who were obliged to be out late, asked their Lordships for protection in this respect. Amendment moved, in page 6, line 13, to leave out (" common prostitute and night walker") and insert (" person.") -The Earl of Shaftesbury.) THE EARL OF DALHOUSIE said, he greatly sympathized with the object of his noble Friend (the Earl of Shaftesbury); but he was afraid that the form of words proposed by the noble Earl Lord Coleridge formatory or certified home should be raised from 16 to 18. Amendment moved, in page 6, line 35, to leave out ("sixteen") and insert ("eighteen.")-(The Lord Bishop of Rochester.) THE EARL OF DALHOUSIE said, he would suggest to the right rev. Prelate that it would be more in order to deal with the point on Report. Amendment (by leave of the Committee) withdrawn. Clause, as amended, agreed to. Clause 14 (Certified homes for girls under sixteen convicted of prostitution) agreed to. Clause 15 (Prohibitions of exclusion. from trial, &c., of persons interested). LORD COLERIDGE in moving, as an Amendment, to provide that any girl or woman who might be concerned in any trial should be entitled to have present thereat any three persons she might Amendment agreed to; words left out accordingly. name, and should be informed of this right, said, his belief was that, if tried in a Court without any of their own sex present, girls would often be at considerable disadvantage. Amendment moved, In page 7, line 29, after ("other proceeding") insert ("and any girl or woman who may be concerned as complainant, defendant, or otherwise, any such charge, trial, or other proceeding shall be entitled to have present thereat any three persons in attendance she may name, and shall be informed of this right.")-(The Lord Coleridge.) LORD BRAMWELL said, he must object to the provision. It could not be worked, and it was now in the discretion of the Court to allow any friends to be present. Amendment agreed to. Clause, as amended, agreed to. Clause 16 (Definitions), and Clause 17 (Repeal of enactments in Schedule), agreed to. Schedule amended, and agreed to. The Report of the Amendments to be received on Friday next; and Bill to be printed as amended. (No. 128.) MARRIAGE WITH A DECEASED WIFE'S SISTER BILL.-(No. 112.) REPORT. (The Earl of Dalhousie) THE EARL OF DALHOUSIE said, he should next propose an Amendment to meet the objections expressed by the noble Earl opposite (Earl Beauchamp) at a former stage of the Bill. The effect of it, while excluding the Church of England from the scope of the Bill, was to legalize marriages performed in Roman Catholic or Dissenters' chapels, or before a Registrar. Amendment moved, In page 1, line 12, after ("Ireland") to insert ("or in any building registered for the solemnization of marriages at which the presence of a registrar is necessary by law "); and leave out from ("elsewhere") to ("shall") in line 13. (The Earl of Dalhousie.) Amendment agreed to; words inserted and left out accordingly. LORD CLIFFORD OF CHUDLEIGH said, he proposed to add words to the Amendment which their Lordships had just assented to, the object of which was to give to these marriages, if celebrated in Roman Catholic chapels in Ireland, the same validity as when they took place in English Catholic chapels. He must explain to their Lordships that Irish Catholic chapels were not regis tered for marriages, and yet were not places where the presence of the Registrar was required. Amendment moved, In page 1, line 12, after ("Ireland") insert Amendments reported (according to ("or which shall be celebrated in Ireland by Order). Clause 1 (Marriage between a man and his deceased wife's sister not void or voidable). THE EARL OF DALHOUSIE said, he would now move an Amendment, to give effect to what he considered to be the wish of the House, on the occasion when the Bill was up for second reading. He proposed, with that view, to omit the words "heretofore celebrated or contracted at any place whatsoever within the realm or without." The effect of the Amendment would be to prevent the Bill having any objectionable retrospective effect. Amendment moved, in page 1, line 7, to leave out from sister") to ("which") in line 7.-(The Earl of Dalhousie.) any Roman Catholic priest.")-(The Lord Clifford of Chudleigh.) Amendment agreed to; words inserted accordingly. On the Motion of The Earl of DALHOUSIE, Amendment made, in page 1, line 14, by leaving out ("the") and inserting (" such "). THE EARL OF DALHOUSIE said, that, in deference to the views expressed by his noble and learned Friend of the Bill, he would now move an on the Woolsack on the second reading Amendment giving validity, from the date of the passing of the measure, to every marriage already contracted with a deceased wife's sister, and legitimatizing the children of such marriages already born. If any person in the past had contracted marriage in a manner which the Bill would legalize if it were contracted after the passing of the Act, such marriage should be lawful. Amendment moved, In page 1, line 18, leave out ("have been ") and insert ("be"), and after ("celebrated ") add (and any such marriage heretofore celebrated or contracted, shall, from and after the passing of this Act, be and be deemed to be from thenceforth valid in the same manner as if it had been duly celebrated or contracted on the day of the passing of this Act according to the provisions thereof, and all children of any such marriages whether celebrated or contracted before or after the passing of this Act, shall, subject to the provisions herein-after contained, be held to be legitimate.")-(The Earl of Dalhousie.) riages, and no more. He, therefore, fully approved of the Amendment proposed by his noble Friend (the Earl of Dalhousie), as it would have the desired effect of taking away the retrospective character of the Bill. LORD ELLENBOROUGH said, he wished the noble Earl (Earl Fortescue) to consider that the Bill favoured the right, and was not contrary to it. Amendment (The Earl Fortescue) negatived. Amendment (The Earl of Dalhousie) agreed to. Words inserted accordingly. On the Motion of The Earl of DALHOUSIE, the following Amendment made: page 1, add -In ("Or where there has been a declaration of EARL FORTESCUE said, he must protest against marriages solemnized in defiance of the law being given, on the day of the passing of the Act, exactly the same validity as the marriages of the parties who had conscientiously waited for the permission of the law would get when theirs were solemnized hereafter. To do that would be directly sanction-nullity of marriage by any court of competent ing wilful violation of the law. He jurisdiction whether before or after the passing of the Act of the fifth and sixth year of King agreed that innocent children should be William the Fourth, chapter fifty-four, or where treated as legitimate; but he did not proceedings are pending at the time of the see why the parents should not be com- passing of this Act for a declaration of nullity pelled to be married again, and thought of any such marriage, or where the parties have their disliking it no objection. With that of the passing of this Act.") been separated and are living apart at the time object, he would move an Amendment to strike out all the words of the proposed Amendment down to "and all children," and leave that portion of it intact which legitimatized the children. Moved, to amend the said Amendment by striking out all the words down to the words ("and all children.")-(The Earl Fortescue.) THE LORD CHANCELLOR said, he looked at the question from the opposite point of view to that taken by the noble Earl who had just spoken (Earl Fortescue). In the Committee he had ventured to call the attention of the House to the dangerous principle of the Bill as it originally stood; and he thought that his objection in that respect had now been removed by his noble Friend (the Earl of Dalhousie). He must confess that he could not see any difference between an Act which itself married people on the day when it was passed, and a measure which would say that the same people might go on that day to the Registrar's Office and get married. In either case the marriages were civil mar The Earl of Dalhousie Clause, as amended, agreed to. Clause 3 (Provision for saving rights). On the Motion of The Earl of DALHOUSIE, Amendment made in page 2, line 13, at end of clause, by adding ("Nor any legacy duty, succession duty, or other duty paid or payable to Her Majesty in consequence of the death of any person before the passing of this Act.") Clause, as amended, agreed to. Clause 4 (Proceedings against clerk not affected by this Act). EARL FORTESCUE, in moving the omission of the clause, in order to insert instead a provision taken from the Divorce Act, 1857, said, that his only object was, as learned men came to opposite conclusions with regard to the pas sages of Scripture bearing on subject, to leave clergymen free to act according to their consciences, without imposing on them restrictions inconsistent with Christian liberty, which was not done by the clause as it stood. Surely those who made a marriage which many divines thought innocent, and |