House Of Commons
Thursday, March 20, 1862.
MINUTES.]—PUBLIC BILLS.—1o Law of Property Amendment.
2o Mutiny; Marine Mutiny.
Floods And Drainage In Ireland
Question
said, he rose to ask the Chief Secretary for Ireland, Whether his attention has been called to the effect of the floods over the district from Roscrea to the Shannon, and to the flooding of the tributaries of the Barrow; and whether he proposes to introduce any general Drainage Bill for Ireland this Session?
said, he was not aware that the Government had received any information on the subject to which the hon. Member referred; and as at present advised, he thought the Govern- ment were not prepared to bring in any-general measure relating to drainage for Ireland.
said, that in consequence of the answer which had been given by the right hon. Baronet, he would on an early day move for leave to bring in a Bill on the subject of drainage in Ireland.
Entrance From Piccadilly To Park Lane—Question
said, be wished to ask the First Commissioner of Works, Whether, in consideration of the inconvenience and danger arising from the narrow entrance from Piccadilly to Park Lane, he will take measures to open the communication from Park Lane into Hamilton Place?
said, that this communication between Hamilton Place and Park Lane was recommended by a Committee of the House of Commons in 1855. It was fully considered by the Government in 1856, but the difficulties were found to be such that no steps were taken. The difficulties were these:—When Hamilton Place was laid out, in 1809, it was intended to be a street without any thoroughfare, and those who now held from the Crown leases of those houses had taken those leases on the understanding that that arrangement was still to continue. If a communication were to be made from Hamilton Place to Park Lane, it must pass not only through gardens which were now considered a portion of Hyde Park, but likewise through two gardens held on lease in connection with the adjoining houses, which were let on terms that had now forty years to run. Under these circumstances, the Government were not prepared to take any steps. It appeared that these gardens could not be taken without an Act of Parliament, since the trustees were not willing that Hamilton Place should be made a thoroughfare; that Act of Parliament must direct a purchase of the property, and if so, a considerable amount of compensation would probably be awarded. It must be remembered also that Hamilton Place was not of the width required for an important thoroughfare, as the distance between one area railing and another, at one extremity of the street, was not more than thirty-eight feet. He thought the better way to improve the communication would be by widening Park Lane, and he recommended his hon. Friend to turn his attention rather to the widening of Park Lane than to the extension of Hamilton Place.
Provisional Committees Of Italy
Question
said, he wished to ask the Under Secretary of State for Foreign Affairs, Whether he has received any official account of the meeting of the "Provisional Committees of Italy," held at the Paganini Theatre, at Genoa, on Sunday, the 9th of March, and of the subsequent proceedings of those bodies; and whether he will lay Copies of such Despatches on the table or state their import?
said, Her Majesty's Government had received accounts of those meetings, as they received accounts of' other incidents of interest or importance which might happen in other countries; but he thought it would be unbecoming in them, and inconsistent with due regard to the dignity of the Italian Government, if they were to lay those papers on the table of the House, as he should think it unbecoming in the Italian Government, and inconsistent with due respect towards the Government of this country, if that Government were to lay before the Italian Parliament any papers connected with public meetings held in the Free Trade Hall, Birmingham, or the Rotunda, Dublin.
said, he wished to inquire, Whether the hon. Gentleman will lay on the table any recent Despatches received from Sir James Hudson?
said, he hoped in the course of the Session to lay upon the table some of those papers.
said, a debate was about to come on—[Cries of Order! order!]
said, he would beg to ask, whether the hon. Gentleman will lay the papers in his possession upon the table before the debate on Italian affairs was to come on?
replied, he was not able to give any promise.
said, as he did not understand from the hon. Gentleman that he would present the papers to the House, he begged leave to ask him, whether by Monday next he would be prepared to give an answer to the question?
said, of course they had at the Foreign Office a large number of Despatches from their Minister in Italy, but no address had been moved for papers, and when his hon. Friend opposite (Mr. Cochrane) asked a general question, whether he was prepared to lay papers on Italian affairs on the table, he was not able to give any other answer than that which he had already given.
Poor Law Amendment (Ireland) Bill—Question
said, he had been requested by the Poor Law Reform Committee sitting in Dublin to ask the Chief secretary for Ireland, Whether he will give some intimation as to the time when it was intended to go into Committee on the Poor Law Amendment Bill?
said, on Monday.
said, he did not think is was finally determined what the business for Monday would be, and therefore perhaps the hon. Member for Galway would repeat his question. He understood it was intended to bring on the Civil Service Estimates on Monday.
Markets And Fairs (Ireland) Bill
Committee
Order for Committee read.
said, he wished to move that it be an instruction to the Committee to make provision for an equalization of weights and measures in all mercantile transactions in Ireland.
said, he thought it undesirable at that stage of the Bill to raise so large a question, and he would therefore suggest to the hon. Gentleman to withdraw his instruction.
said, he thought it would be necessary to agree to these instructions, or otherwise, when the House went into Committee, it might be found that they could not deal with the subject.
asked, whether it would be possible to discuss the whole question when they came to be in Committee if the instructions were not agreed to?
suggested, that the best course to pursue would be to allow the Markets and Fairs Bill to pass; and then, if it were the wish of the Irish Members, to bring in a Bill afterwards for the regulation of weights and measures generally in Ireland.
expressed his opinion that the Committee would not be able to consider the question raised by the hon. Member for Clonmel (Mr. Bagwell), unless the instruction were agreed to.
Motion agreed to.
Instruction to the Committee, that they have power to make provision therein for extending the equalization of Weights and Measures to all mercantile transactions in Ireland.
House in Committee.
Clause 1, agreed to.
Clause 2 (Extent of Act).
MR. LONGFIELD moved the addition of the following words in the commencement of the clause:—
"This Act shall extend to all markets and fairs held in Ireland under charters, letters-patent, custom, or otherwise, but"
Clause, as amended, agreed to; as were also Clauses 3 to 8, inclusive.
Clause 9 (Contracts to be made by denominations of Imperial weight otherwise to be void).
said, he would propose to omit lines 7 and 8, the effect of which would be to extend the provisions of the Bill to all classes of mercantile contracts in Ireland, and not confine them simply to transactions which took place at fairs and markets. His real object was that where articles were sold by weight, whether at market or not, the Act should apply.
said, he would remind the Committee that if the Amendment were carried, it would affect the sale of commodities all over Ireland. It was most expedient that the experience of similarity of weights and measures should be tried in the first instance at markets and fairs, where the standard weight was more known and understood than in remote districts. A provision which might very usefully be rendered applicable to contracts in the case of fairs or markets, might be found to operate somewhat oppressively if brought to bear upon the validity of transactions taking place between persons outside their pale.
said, he should support the Amendment, on the ground that if it was fair to establish a uniform system of weights in markets, it was equally fair that the system should be applied to private transactions outside markets.
said, he thought the clause went far enough in the mean time.
said, it was absolutely necessary, if the Bill was intended to work satisfactorily, that the provision under discussion should be extended as proposed by the hon. and learned Member for Mallow.
said, he hoped the Amendment would be pressed.
said, he hoped that every Irish Member would give his assent to the Amendment, because public opinion in Ireland was, he believed, fully prepared for the change.
supported the Amendment.
said, he agreed with the noble Lord the Member for Cockermouth (Lord Naas) that the change effected by the Bill was as much as could be attempted at present by legislation.
suggested, that in private transactions it should be left optional with the parties to buy and sell by weight or measure as they pleased; but that if they dealt by weight, they should be bound to adopt the weights sanctioned by the Legislature.
said, that from local knowledge and from the tone of the letters he received when holding office in Ireland, he could assure the House that the popular desire was that there should be an assimilation of weights for all purposes.
said, as the measure referred only to fairs and markets, he thought it would be undesirable to extend its provisions beyond the limit proposed. If, however, there was a general wish on the part of the Irish Members to adopt the amendment, he should not object.
Amendment agreed, to.
said, he would suggest the addition of the word "sheep" after "carcasses of beef."
said, he objected to the Amendment, as mutton was generally sold in small quantities.
said, he did not see why dead sheep should not be sold by weight when dead pigs were.
Amendment agreed to.
said, he thought it would be a very stringent proceeding to render all contracts by weight void if not made by avoirdupois weight. It was easy to pass an Act declaring that there should be uniform weights and measures, but it would be exceedingly difficult to get it carried out. Such a law had existed for years in England, but it was disregarded in many districts, it being almost impossible to alter the ordinary habits and dealings of the people. He did not speak of large transactions in markets, but of petty dealings in villages and country districts; and, unless the public mind in Ireland was prepared by much discussion for the change, it would produce great confusion and litigation. He would, therefore, suggest that the propriety of modifying the latter part of the clause should be considered at another stage of the Bill.
said, that, in fact, no material change would be effected by the clause. The same weights applied to all articles except butter and wool.
said, he thought the words were so large that they would include contracts made in jeweller's shops, where articles manufactured from the precious metals, were sold by troy weight. They might even extend to the dealings of the Bank of Ireland in bullion.
said, to meet that objection he would propose the addition of the words "excepting articles usually sold by troy weight."
Words inserted; Clause, as amended, agreed to.
Clause 10 (Mode of Weighing; Deductions prohibited).
said he wished to move that the words, "Markets and Fairs" be omitted throughout the clause. That was a verbal Amendment consequential upon the amendments made in the previous clause. His object was to extend the operation of the clause to dealings elsewhere besides in markets and fairs.
asked, whether it was intended by the Amendment to apply to all weighings in shops?
replied in the affirmative.
said, he thought it would be necessary to introduce some words to show that the weighing was for sale, or it would apply to the weighing necessary in a gentleman's kitchen.
said, he would suggest the addition of the words "every article sold by weight."
Amendment agreed to.
said, he would suggest that the words "at a public weighing-house or place" should be omitted, so that the words should run, "every article sold by weight."
said, he Was willing to accept this Amendment.
Amendment agreed to.
said, he would then move to omit from line 31 the words "without any" and to insert the words "and no."
said, he objected to the Amendment, as, coupled with another Amendment to be subsequently proposed, it would revive the exploded system of penalties for deduction. The Cork butter-market was now the most flourishing market in Ireland, and it dated its prosperity from the time when the old restrictions were abolished. He hoped those restrictions would not be revived.
said, that the Bill would be inoperative without this Amendment, and another in line 34. He wanted to provide, by these Amendments, that no deductions should be claimed or made by any purchaser for beamage or on any pretext whatever, under a penalty of £ 5. He had, however, no objection to diminish the penalty, and say "not exceeding £ 5."
said, he thought that the penalty would operate very hardly, especially as the Act made every contract void which broke the law. He thought it dangerous to impose a penalty for an act which might be committed through ignorance.
said that he was of opinion that the only way of compelling justice to be done to the poor farmers was, that of imposing a penalty in certain cases. He thought that few persons would remain in ignorance of the Act long after it was passed.
said, he should be willing to accede to what appeared to be the general wish of the Committee and accept the Amendment.
said, that in Cork market, some years ago, there were more frauds committed than he could enumerate. The trade of that market had been improved, no doubt; still he was in favour of imposing a penalty in every case where a fraud should be committed.
said, that the Select Committee to whom this Bill had been referred had not thought it necessary to insert a penalty, and he hoped the right hon. Baronet the Secretary for Ireland would not consent to any alteration being made in the clause.
said, that as it seemed to be the wish of the Committee that these deductions should be prohibited, the penalty was the only way of effecting that object.
contended, that the alteration proposed to be made in this clause would operate to the great injury of Cork butter market, which was now one of the most flourishing in the world.
said, he approved of the Amendment, it being in his opinion a most admirable one, and it would, no doubt, give great satisfaction to the farmers of Ireland. The clause would be wholly inoperative without a penalty in cases of improper deductions.
said, he hoped that the Home Secretary would, at the same time tell the Committee whether, if such a law existed in England, without the penalty, it was not inoperative.
said, he could not answer the question; but he could assure the Committee that the clause would be inoperative without the penalty.
Amendment agreed to; Clause, as amended, ordered to stand part of the Bill.
Clause 11, agreed to.
Clause 12 (Compulsory weighing at Public weigh-house of Corn and other commodities in Schedule A).
said, he wished to call attention to a petition from the inhabitants of Mountmellick, Queen's County, objecting to the provision that the articles to be weighed on market days should be brought to the public scales as impracticable. It was probable that on a market day there would not be the means of weighing at the public scales the quantity of corn sold in that town.
said, he wished to move the omission of certain words which would have the effect of making it optional to the buyer or seller to have an article weighed in the public market. A Resolution had been passed by the Dublin Chamber of Commerce to the effect that compulsory weighing was a matter of very questionable propriety, and would not only operate as shackles on trade, but would be often tortured into an instrument of fraud.
said, he objected to the Amendment. The buyers of flax had frequently been brought up for having heavy weights in their stores with which the flax bought by them was weighed, the effect being that the seller lost a certain amount of his flax. He therefore considered that the compulsory part of the clause was of great importance.
said, he hoped the Committee would not consent to the Amendment, as, unless the weighing were compulsory, the enactment would be nugatory. However, the clause as it stood would strike completely at that large and very beneficial class of sales which were effected by sample. It would also injuriously affect sales of flax, because though the article would have to be overhauled and tossed about in the market, and a considerable part of a winter's day would be thus consumed, the buyer would have no security that the flax which might be brought to his store was the same as he had purchased. The matter had occupied the attention of the flax-buyers in Ireland. They did not desire to be exempt from any proper regulation, and they proposed two alternatives; one was that flax should be made an exception from these particular clauses of the Bill; and the other, and probably the better, was that, inasmuch as all the merchants who bought flax bought it to a large extent, those merchants should have in their own stores proper sets of weights, and that authorized officers should attend at the stores to weigh the goods and collect the tolls.
declared, that unless the clause was compulsory, the Bill would be utterly valueless; and the Amendment, if carried, would strike at the entire root of the Bill.
said, he should support the Amendment. He could not admit that as a rule the buyer was in the habit of dealing harshly with the seller. Though such might be the result of the experience of hon. Gentlemen from the North, it was not the practice throughout the rest of Ireland.
said, that the Amendment struck at one of the principal features of the measure. He had always been under the impression that the adoption of a provision for compulsory weighing in markets had been agreed to as a compromise to settle the question. The Commissioners had visited thirty counties, and had found that they were all unanimous in favour both of compulsory weighing and of equality as between buyer and seller. In Limerick, which had one of the most important markets in Ireland, the frauds that prevailed had been so great that the town actually petitioned for an Act to introduce a compulsory system—an example which had been followed by Cork, Belfast, and Londonderry. He should, therefore, like to see the same system universally in use. He felt that there was a good deal of justice in the observations of the hon. and learned Member for Belfast relative to sales by sample, but he did not concur in what had been suggested in reference to the sales of flax. For his own part, he could not see the necessity for having special machinery for weighing in the stores of the flax-buyer.
said, he was glad to hear that the right hon. Baronet intended to persevere with the clause, which he considered the most essential portion of the Bill. He was continually met by complaints on the part of country folks of the use of irregular weights and measures by private traders.
said, he could but admit that such frauds were practised, and that it was desirable to put an end to them; but he was, at the same time, afraid that it would be found impossible to enforce the provision that everything should be weighed in public market.
said, he had received strong representations on the part of his constituents, many of whom were large purchasers of flax in Ireland, against the clause, unless it were accompanied by some such limitation as that which had been proposed.
said, he would urge upon the Government to persevere with the principle of compulsory weighing.
said, that if the clause were expunged, the efficiency of the Bill would be in a great measure destroyed. Great frauds were committed in Ireland in consequence of the want of such a system as was proposed. A Commission reported a few years ago, that when proper market accommodation was once provided, all agricultural produce should be both sold and weighed in the public market under the superintendence of a sworn weighing master.
said, he could not agree with the Amendment proposed by the hon. Gentleman behind him. He was afraid, however, that if the sales by sample were interfered with it would create much discontent.
remarked, that compulsory weighing prevailed to a large extent in England.
said, there could be no doubt that the clause under discus- sion affected sales by sample, and his right hon. Friend the Chief Secretary would be prepared to consider that matter on the Report.
said, he hoped that the question of flax would be considered. Such a clause as that under consideration would produce great confusion among the buyers and sellers of flax, and interfere with the natural current of trade as between them. It was proposed to make it penal to carry on such transactions above a certain amount in the weighing-house, and the ticket of the weigher was to be conclusive of the weight, and then by Clause 16, a penalty was to be inflicted if the buyer or seller refused to be bound by that weight. There was no security that the article delivered at the store-house would be identical in weight and quality with the flax or corn bought and. weighed in the market.
said, he would suggest that the articles brought into the market should be alone weighed, and that any contract dependent thereon should take effect without the public weighing of the bulk.
said, he approved of the principle of uniformity of weights and measures, but it was quite impossible to have the article of flax weighed in the public scale. The farmer never would be able to get paid on the same day, seeing that flax alone in many cases would occupy nearly all day to weigh. He also objected to any clause which prevented the farmer from protecting himself by re-weighing the article.
suggested, that the clause should be postponed, and brought up again on the Report, with Amendments.
said, that as the general feeling of the Committee was against his Amendment, he would withdraw it, though his opinion of its policy was unchanged.
Amendment, by leave, withdrawn.
said, he thought that the difficulty with regard to samples might be cured by inserting the words "and delivered" after "sold," so as to make the Act apply only to articles sold and delivered in the market.
said, that on the bringing up of the Report he would insert a clause to exempt flax. With respect to the samples, he would consider the suggestion of the hon. Member who had brought that point under consideration.
Clause agreed to; as was also Clause 13.
Clause 14 (Penalty).
proposed to increase the penalties for fraud by weighers by rendering the offender incapable of holding office in future.
said, he doubted the expediency of the Amendment.
said, he would withdraw it.
Clause agreed to.
Clauses 15 to 37 inclusive, agreed to.
Clause 38 (Local Public Inquiry thereon).
said, he wished to draw the attention of the right hon. Baronet to the extent of the powers of inquiry conferred by this and the 77th clause upon the Lord Lieutenant. By those clauses the Lord Lieutenant had power to depute to any person or persons he desired to appoint as Commissioners to inquire whether the existing market accommodation at a particular place was sufficient; whether new markets should be established, and where; and they would also have to settle market days, and to make inquiries of a very extensive nature, many of which would require that counsel should be heard. He (Lord Naas) was of opinion that some one person of experience and legal knowledge should be appointed for the purpose. A salary of £ 1,000 or £ 1,200 a year would obtain the services of such a Commissioner; whereas, if there were numerous local inquiries, the expense would be endless and the costs great. As the expenses were to be defrayed out of the Consolidated Fund, there was no difficulty now as to the funds, but he believed that his suggestion, if adopted, would tend towards economy.
said, the Government had not desired to increase officials, but rather to leave local enterprise great liberty to regulate its own affairs. But on a new system, no doubt, a competent person would be required; and therefore he thought that, for a time at least, some person of standing should be at the disposal of the Lord Lieutenant. With the consent of the Chancellor of the Exchequer he had determined, if it met with the approval of the Committee, to take power to nominate persons to conduct any inquiries which might be necessary, and to draw on the Treasury to the amount of £ 500 a year, for five years, in order to meet the expenses. He thought an officer with a salary of £ 1,200 a year un- necessary, and he hoped the Committee would accept his proposal as a fair compromise.
said, he believed that a Bill to lessen the number of official persons in Ireland would be a great boon to the country, and that at the end of the five years it would be difficult to root out a gentleman with £ 500 a year. A lease of five years would be a lease for life, with the probability of a claim for compensation. In his opinion the proposal savoured of a job.
said, that, as no doubt he should be in the House at the end of the five years, he would take very good care that the gentleman should be rooted out. It was important to employ persons free from the influence of local prejudices.
said, he would assent to the proposal, though he should strongly object to a permanent office.
said, he thought it absolutely necessary that the inquiries should be conducted by one person, so as to avoid conflicting decisions.
asked, whether all the inquiries would be intrusted to one individual?
said, not unless the local authorities desire his presence. They would, otherwise, be empowered to make the inquiries themselves.
said, that that being the case, he could hardly accept the proposition. He did not think it would work well unless there was uniformity of decision.
said, he thought that the clause had better remain as it stood.
said, he desired to know by whom the expenses would be borne?
said, that in a former Bill extensive powers were intrusted to commissioners, whereas by this Bill they were given to the Lord Lieutenant; in Council. In England the promoters of Bills with respect to fairs and markets paid all expenses, and he had thought that it was only reasonable that the different localities in Ireland should bear the expenses of Orders in Council. His right hon. Friend, however, had persuaded the Chancellor of the Exchequer to allow £ 500 a year for five years for the expenses of carrying the Act into effect, and he understood that the money would be expended in addition to the provision made by the undertakers. It would be desirable that many inquiries should go on simultaneously, that all fairs and markets in Ireland might be the more speedily brought within the operation of the Act.
remarked, that the matter might be safely left to the decision of the Government.
suggested, that the precedent of the Savings Banks Act should be followed. Under it power was given to appoint a barrister to settle disputes. Mr. Tidd Pratt, having been appointed, went down to various parts of the country and arranged all matters under the Act; and in the same manner one barrister could transact the duties under the Bill.
said, he agreed with his noble Friend opposite. He thought that as various intricate questions would arise under the Bill, it was desirable to have in the first instance, a person of considerable authority and weight to decide them, so as to prevent any conflict of decisions. He, however, preferred the proposal of the right hon. Baronet (Sir Robert Peel) as it only involved a temporary arrangement.
said, he would suggest an Amendment to the effect that instead of appointing the commissioner for five years, he should be appointed for whatever term the Government might hereafter direct.
observed, that there ought to be power under the Bill to appoint at least three commissioners.
said, there was an advantage in having only one commissioner, as his decisions would be uniform.
said, that the object of the Government was to appoint only one individual; but it might be necessary to have more in the event of demands for decisions coming from different parts of the country at the same time.
Clause agreed to; as were also Clauses 39 to 54, inclusive.
Clause 55 (Order in Council).
asked, whether the tolls were to be paid on the entry of the articles into the market?
said, that the reply must affect seriously the cattle jobbers—a useful class, who went from one fair to another. The sellers should not be asked to pay tolls if they did not part with their goods.
said, that the question could be more suitably raised in the schedule.
Clause- agreed to; as were also Clauses 66 to 68 inclusive.
Clause 69 (Petition of Local Authorities or Ratepayers).
said, he proposed to insert words to the effect that where it was proposed to establish a new market in the vicinity of or within a mile of another market, notice should be given to the owner or lessee or to the party in receipt of the tolls thereof, at least one month before such application should be considered.
Words inserted.
Clause agreed to.
Clauses 70 to 76, inclusive were agreed to.
Clause 77 (Expenses of Execution of Act).
said, he wished to add a proviso to the clause, to the effect that the Lord Lieutenant in council should appoint an inspector for five years, at a salary of £ 500 per annum to conduct any inquiries into the state of the markets and fairs, and the requirements of the public in relation thereto.
said, the Government did not wish to be bound to. give any stated sum for any stated period, but to be left entirely free, and the effect of the proviso would be. to create a permanent office for at least five years.
said, his proposition was to appoint only one inspector, but it was evidently the intention of the Government to appoint a variety of inspectors, and. it would be better for the Committee to decide the question at once.
said, he could assure the noble Lord that it was not the intention of the Government to appoint a variety of persons.
said, the Vote for £ 500 a year would be in the Estimates, and any hon. Member might oppose the grant.
said, he thought the intention of the Government was clear. Circumstances might arise to make it necessary for them to appoint more than one inspector at the same time; for instance, one might be required for the north and another for the south of Ireland. He thought the Government ought not to be bound to any stated course of action.
said, he was of opinion that some words ought to be inserted to restrict the operation of the Clause.
said, he would suggest that, a proviso to the effect, that all inquiries under the Act should be carried on by the same person, as far as practicable, would meet the views of all parties.
Amendment proposed,
To add at the end of the Clause the words "Provided all inquiries under this Act shall be conducted by the same person, as Far as practicable."
said, he would accept that Amendment in lieu of his own.
Question put, "That those words be there added."
The Committee divided: —Ayes 38; Noes 47: Majority 9.
Clause agreed to.
Remaining Clauses agreed to.
that in certain towns the weigh-masters were entitled to receive one halfpenny per hundredweight for discharging their duties; and if they were allowed to make that claim under the new Act, they would obtain the lion's share. In towns so circumstanced he application would be made for the adoption of the Act, and he would propose, therefore, that the salaries of such persons should not exceed what they had been in receipt of on an average for the preceding five years. He proposed to insert a provision after Clause 20, enabling the owners or persons entitled to the tolls to discharge from or retain such weigh-masters in office on the terms indicated by him.
said, he must oppose the proposition.
urged the right hon. Baronet to assent to the proposal.
said, he would promise, on bringing up the Report, to introduce a clause oh the subject.
Clause negatived.
said he would then propose, after Clause 23, to introduce the following clause:—
"From and after the passing of this Act the appointment of weigh master of butter and taster of butter, under the Act of the fifty-second year of George III., cap. 134, shall be invested in and made by the mayor, alderman, and councillors of the boroughs and towns corporate in Ireland, instead of the mayor and aldermen only of such borough or town corporate, as is by the said Act prescribed."
L said he must oppose the clause, as being quite inconsistent with the earlier part of the Bill.
said, no such office as that of taster of butter was contemplated by the Bill.
Clause negatived.
Schedules agreed to.
House resumed.
Bill reported; as amended, to be considered on Thursday next, and to be printed. [Bill 52.]
Copyright (Works Of Art) Bill
Committee
Order for Committee read.
House in Committee.
Clause 1 (Copyright in Paintings, Drawings, and Photographs).
stated that he had prepared some amendments with the view of giving effect to suggestions made by hon. Members on former occasions.
said, he wished to ask for some explanations with respect to the copyright in the copy of a picture, which it was proposed to give by the Bill. He would admit that the Bill was an improvement on that of last year. He should, however, be glad to know whether the term "painting" in the bill applied to original pictures only, or included a copy, so as to give copyright in a copy whilst there was no copyright in the original. He was also anxious to know whether his hon. and learned Friend (the Solicitor General) was prepared with a clause providing for registration at Stationers' Hall, or some place else, in order that title in respect to copyright might be ascertained.
said, he wished to direct the attention of the hon. and learned Solicicitor General to the necessity of providing, by some clause, that publishers of prints should put their names and the date of publication on those prints. For the last ten years publishers had been much in the habit of publishing engravings without any name or date.
said it was intended to include in the Bill copies of original paintings, because any man knew that copies might be made under circumstances that would render the copying of those copies as injurious to the owner as if they were original works. In the case of a fresco, for example, it might become necessary to take a copy for the; purpose of preserving the subject, and nothing could be more unjust than that a person making such a copy should be deprived of his work. The principle on which the law gave a copyright in engravings would seem to apply to all such copies. But by the clause dealing with that matter no injustice would be done to any one, for that clause preserved the right of persons to make their own copies. There might be copies which ought to be protected, and no harm could be done to the public when the right to make copies from the originals would remain. As to the question of registration, it had occurred to him that that subject might be brought forward, and he had prepared two clauses providing for a registration of the written title to copyright. These he would bring up at the proper time. As to the point referred to by the hon. Member for Brighton, they all knew that a practice existed among engravers of selling what were called "proofs before letters," which were without any name. He believed that every person who did that exposed himself to a great danger of losing his copyright. That case was provided for under an existing Act.
said, he thought that the observations of his hon. Friend (Mr. Bentinck) had hardly been answered. He would put the case of an artist selling a picture, and retaining no copyright in that picture. If the artist afterwards made a duplicate original, how would matters stand? They all knew that those things were often reproduced in that way, and it was difficult to determine between copies and duplicate originals. How was the second picture to stand? Was there to be a copyright in it, or not? He wished the hon. and learned Gentleman would let all the questions under this Bill be decided by a court of record.
said, he would consider before the bringing up of the report whether words should not be inserted to the effect that an original work being sold without copyright, no subsequent copy or repetition of the same work should be entitled to copyright.
said, he was glad that a system of registration was to be established. Such a system was absolutely necessary for the security of property.
said, he thought that it would be dangerous at present to include photographs in a Bill of the kind. Photography was not a fine art, but a mechanical process. At some future period it might be expedient to give protestion to photographers.
observed, that although, strictly and technically speaking, a photograph was not in one sense to be treated as a work of fine art, yet very considerable expense was frequently incurred in obtaining good photographs. Persons had gone to foreign countries—to the Crimea, Syria, and Egypt—for the purpose of obtaining a valuable series of photographs, and bad thus entailed upon themselves a large expenditure of time, labour, and money. Was it just that the moment they returned home other persons should be allowed, by obtaining negatives from their positives, to enrich themselves at their expense? He could not consent to exclude photographs from the Bill.
suggested, that at all events photographic portraits should be excluded. A visit to the Holy Land was not necessary for taking the portrait of the hon. and learned Gentleman, and yet it would be hard to prevent the public from obtaining a copy of his likeness.
Clause agreed to; as were also Clauses 2 to 4.
Clause 5 (Penalties on fraudulent Productions and Sales).
said, he wished to inquire what was meant by the words "every offender shall forfeit to every person aggrieved." Was it the man who painted, or who purchased the picture, or both?
said, the words in practice sufficiently explained themselves. The person aggrieved would be the artist whose name was fraudulently used, or the person on whom the fabricated work was fraudulently palmed off, or it might be both.
Clause agreed to.
Clause 6 (Recovery of Pecuniary Penalties).
said, he would then ask the hon. and learned Gentleman whether he would consent to strike out those clauses giving summary jurisdiction to magistrates? It was hardly fair to throw upon them the decision of questions which were to be determined not by reference to any Act of Parliament, but simply upon opinions given that a particular thing was painted by a particular person. Matters of that nature ought to go before a court of record, which would be protected in case it came to a wrong decision. In- quiring into such questions as whether a man was still living, or had lived within the last twenty years, must necessarily occupy a great deal of time, and be very embarrassing to a tribunal pressed with other business. The jurisdiction, moreover, was to be determined by the residence of the offender; and if the magistrate made a mistake as to his residence, he was a wrongdoer from the beginning. Nothing was more difficult than to fix a man's residence, especially men of the class who would be likely to commit these offences. The hon. Member for Cirencester was once questioned with regard to his residence, and replied that he resided sometimes at one place and sometimes at another, being a Lord of the Treasury. He was then asked where he slept, and he replied that he usually slept most in the House of Commons. The proper jurisdiction of justices was to keep the peace, and had nothing to do with the settlement of disputes between artists and photographers, which were often carried on with the greatest bitterness. If a short and sharp way of settling differences were requisite, why not send the cases to the County Courts?
said, the clause to which the right hon. Gentleman objected was taken, he believed, in substance, if not in form, from two Acts in pari materiâ, which had not been found productive in practice of any of the inconveniences anticipated from this measure. Strong representations had been made to him, that if cases such as the Bill was intended to meet were driven into the Court of Chancery or the courts of common law, the value of the remedy would be destroyed. He believed it would be quite without precedent to give such power as was suggested to the County Courts, which had no criminal jurisdiction.
said, he did not think the other Acts to which the hon. and learned Gentleman referred could be said to be in pari materiâ. There was comparatively little difficulty in turning over page after page of books and seeing whether they contained the same words, while nobody but an artist could undertake to say that one picture was an imitation of another. The penalty inflicted, moreover, was not strictly a penalty, inasmuch as it did not go to the Queen or to the country, but to the person aggrieved. It was, therefore, more in the nature of damages.
suggested, that the clause should be made to extend to the case of engravings.
hoped the hon. Gentleman would give way on the question of referring decisions in matters of art to the justices. At all events, it ought to be made optional.
said, he could not see why the same remedies which were applicable to copyright in books and designs should not be applied to copyright in pictures. He saw no objection to extending the penalties to breach of copyright in engravings.
said, he thought the proceeding prescribed in the clause a most anomalous one. He moved the omission of the word "either."
Amendment proposed, in page 5, line 38, to leave out the word "either."
Question put, "That the word 'either' stand part of the Clause."
The Committee divided: —Ayes 29; Noes 21: Majority 8.
Clause ordered to stand part of the Bill.
Remaining Clauses agreed to.
House resumed.
Bill reported; as amended, to be considered on Thursday next, and to be printed. [Bill 53.]
House adjourned at Twelve o'clock.