and insert a clause in the Bill to prevent | sons which had been urged ag MR. E. BALL said, the Bill ought not MR. LOWE said, he so totally disagreed from a great number of the rea other estates, he could not doubt yer and a man of sense, that th had the whole of his property in were exactly half a mile apart. An hon. Member opposite said Sir Thomas Wilson did not intend to inclose Hampstead Heath, but he had never said he did not wish to build upon it. g what he wished after he was dead, eview, marking out which he gave his ilding leases, and at ingly omitting the ers with respect to property. He apthe common-sense - and that in this essio unius est exIf he could have e was confirmed in of the two learned ed at the same conaving been so little o the matter that he cision after the fact his attention that This was a dry point the intention of the that intention was ds of the will. fortunate in having earned Judges of the conclusion. As he that conclusion, so is mind to be pretions which did not It was consistent hat they should do matters. He should inciple if it had led nclusion, and it was justice ought to be ot have it supposed ay, right or left, by hat became of Hamps On he was glad to find à disposition in that ills, and he trusted s exhibit so praise MR. M. SMITH said, that Sir Thomas Wilson had no power to inclose Hampstead Heath. He must have the consent of the copyholders to do that. SIR JOHN SHELLEY said, he was quite aware of that; but the question was whether Sir Thomas Wilson had not endeavoured to build on Hampstead Heath. He earnestly hoped the House would reject this Bill. MR. FREWEN said, he was well acquainted with Hampstead Heath, and had gone there especially to make inquiries regarding this property. He could say that the property to which this Bill referred was not in the sight of the heath, and he very much doubted the accuracy of the statement that only half a mile was between the properties. He would refer to the letter from Sir Thomas Wilson, alluded to by the hon. Member for West Kent (Mr. M. Smith) as disclaiming any intention of inclosing or building upon Hampstead Heath. What he aimed at had reference only to land adjoining the heath. The opposition to this Bill, he believed, had reference to the object of certain parties who wished to obtain some of the land considerably below its value. LEY said, he conof the hon. GentleKidderminster (Mr. the lawyers. The tleman opposite (Sir 3 Bill had nothing to eath; that the Bill apn fields that were to npstead and London, this Bill, would soon as said that this Bill Hampstead Heath, Bill applied to was Now, it so happened measured yesterday was found that they MR. C. FORSTER said, he was of opinion that Sir Thomas Wilson was at the present moment in a position of menace and actual attack upon Hampstead Heath, and it was the duty of that House to defeat his projects, which, let them be disguised under what pretexts they might, would ultimately damage the interests of the public. MR. GEACH said, he came down to the House with the full intention of voting against the Bill, but the arguments he had heard had led him to an entirely different conclusion. The ground in question must be appropriated sooner or later to building, and to defer the time of doing so would not benefit the public, though undoubtedly it might be gainful to individuals who were in possession of adjoining lands. There was a prejudice abroad that the public. were to be deprived of certain rights, but that was not made out very clearly. MR. ROBERT PHILLIMORE said, he opposed the Bill on the ground that it was quite clear that, in making the disposition of his property, the testator con sidered the whol case, and if the would be violatin testator. VISCOUNT GAL it extremely impr have made the sa lived till 1854. Question put, stand part of the The House dic 97: Majority 54. Words added: J ed, put, and agree Bill put off for t MILITIA Order for Comm MR. TATTON wished to call the ment to the hardsh by the new princ instead of merely niences for keep county rates were pense of erecting put the county he present to a cos 14,0001. The or were paid for out the nation, and he course should not to this description considering the 1 the county rates w hoped some hon. sented counties w as, he assured the of attention. MR. IRTON S very strongly the be imposed on co behalf be most Bill. He though to complain of th had been introdu with clauses and known to hon. M MR. CHRIST assure the noble that a very stro Counties with charges thrown the Bill introdu the end of the by the House. pelled the count storehouses for thing like bar On a former oc sidered the whole circumstances of the case, and if the House passed the Bill it would be violating the intentions of the testator. VISCOUNT GALWAY said, he thought it extremely improbable the testator would have made the same restriction if he had lived till 1854. Question put, "That the word 'now' stand part of the Question." The House divided:-Ayes 43; Noes 97 Majority 54. Words added: Main Question, as amended, put, and agreed to. Bill put off for three months. MILITIA (No. 2) BILL. Order for Committee read. MR. TATTON EGERTON said, he wished to call the attention of the Government to the hardship inflicted on counties by the new principle adopted, whereby, instead of merely having to find conveniences for keeping militia stores, the county rates were burdened with the expense of erecting militia barracks, which put the county he had the honour to represent to a cost of from 12,000l. to 14,000l. The ordinary military barracks were paid for out of the general funds of the nation, and he saw no reason why that course should not be adopted with respect to this description of barracks, especially considering the heavy charges to which the county rates were already subject. He hoped some hon. Gentlemen who represented counties would take the matter up, as, he assured them, it was well deserving of attention. MR. IRTON said, his constituents felt very strongly the burden that was about to be imposed on county rates, and on their behalf he most strongly objected to the Bill. He thought they had a good right to complain of the way in which the Bill had been introduced and pushed forward, with clauses and alterations that were not known to hou. Members generally. MR. CHRISTOPHER said, he could assure the noble Lord the Home Secretary that a very strong feeling existed in the counties with regard to the additional charges thrown upon the county rates by the Bill introduced by the noble Lord at the end of the last Session, and adopted by the House. That measure had compelled the counties, not merely to establish storehouses for the militia, but also something like barracks upon a small scale. On a former occasion the expense of pro viding storehouses in the two d the county he represented did n 50l. a year, but now the county was called upon to provide parad in the neighbourhood of Lincoln ham, and he believed that th thrown upon the two division county for making these arra would amount to not less than He thought, if the Governmen to have expensive storehouses that the better course would b the whole control of such m der the Board of Ordnance, the public service would be ciently carried out, instead of the counties with the heavy ch posed to be thrown upon them. the noble Lord would consent the whole, or at least a portion charges upon the Consolidated VISCOUNT PALMERSTON must appeal to hon. Members this was not anticipating a which would arise more proper mittee on the clauses, and he, would submit to hon. Membe would be better to allow Mr. to leave the Chair. MR. HENLEY said, he thou more convenient to discuss su before Mr. Speaker left the Ch noble Lord the Home Secretary a Bill at the end of the last Sessi any previous notice, to defray t for the pay, clothing, and other expenses of the disembodied m from the title of that measur could have supposed that the G were about to throw upon the c entirely new and onerous char building of barracks. The pow ing upon the counties to pay thes rested, not with the county m but with the deputy lieutenants, not now necessarily landed prop who, therefore, might have litt interest in the amount of rates the counties were burdened. changes were made year by would put the counties to so mu that the counties, he apprehend defence, would refuse to do any would leave Government to its mandamus. MR. HOWARD said, he also a grievance on the counties that t be compelled to endure a bur ought, on every principle of jus on the country at large. MR. TATTON EGERTON moved to leave out deputy lieutenant of such county, at any general meeting convened for that purpose," and insert "the justices of the peace for such county at the general quarter sessions next ensuing assembled." The magistrates were the proper guardians He of the county expenditure, and not the deputy lieutenants, who were not now required to have property qualifications. is as the introducand although quite ties ought to bear ense, he must call scount Palmerston) as doing, and the e was causing in us increase of exit was no answer re would be spread for he deemed it the counties should of paying as they RBERT said, the Mr. Henley) intihave inferred from its contents were; ence to the clause ould show that the He had no wish nd would willingly lause of last year. to bring in under cts which were not the objects of that stion did not pass was discussed at I also to the comt hon. Member for clauses relating to n the Act of last regular portion of d. VISCOUNT PALMERSTON said, he concurred with the hon. Gentleman, that it was more fitting that justices of the peace should be intrusted with these arrangements than that they should be left to the deputy lieutenants, and had, therefore, no objection to the Amendment. Amendment agreed to. COLONEL NORTH moved that, after the words "providing that the premises obtained under the clause shall contain an orderly and guard room," the words "cells and magazines" be inserted. MR. SIDNEY HERBERT said, he must oppose the Amendment on the ground that it was unnecessary to incur a large expenditure for providing cells and magazines, which would, in all probability, be required in many cases for a very limited period. VISCOUNT PALMERSTON said, he considered that the erection of cells in connection with the storehouses for the confinement of men who were guilty of breaches of military discipline would entail an unnecessary expense. With regard to magazines also, it was not probable that any amount of ammunition would be required for the use of the militia, for which a place of deposit might not be found without difficulty. A supply of thirty rounds of ball cartridge per man, for a regiment comGTON said, fraud prising 1,000 men, might be deposited in s only charged that a very small space, even in a closet or cupin the Bill which board, and he, therefore, thought that the epared for. The erection of expensive magazines was altoernment took ad-gether unnecessary. MR. J. G. SMY opinion from the tively by the count ties. MR. ROBERT thought that the Member for Bedf was a very fair one its adoption by the MR. W. WILL ed it unnecessary racks for militia seldom out for a lo eight days during that hon. Memb roughs would res the charge for thi solidated Fund. MR. SIDNEY prehended that Member for N theron) was to l counties were st stores, and to! provide any oth any other expe MR. J. G. SMYTH said, he differed in for the maintenance of the force opinion from the noble Lord (Viscount to ensure the security of the am Palmerston) on the subject of magazines, and considered it absolutely necessary that they should be provided. He might mention, with reference to the regiment he had the honour to command, that very recently a quantity of ammunition, consisting of rounds of blank cartridge, was obtained for the use of the corps, and, as there was no safe place in which it could be kept, it was deposited under the adjutant's bed. Amendment postponed. MR. SOTHERON moved to omit from the clause all the words after the words "militia stores," with the view of relieving the counties from the expense of barracks, and providing for such barrack accommodation as was required out of the Consolidated Fund. His object was to raise the question as to what portion of the expense incurred under this Bill should fairly be borne by the counties. He considered that, if the militia were made a national force, the funds necessary for its maintenance ought to be derived from the national resources. He thought that the portion of the expenditure for the maintenance of the militia, to be borne respectively by the counties and by the nation, ought to be clearly and distinctly defined. COLONEL GILPIN said, he believed that, if the Government would consent that the necessary expenditure should be defrayed in equal proportions from the county rates and the Consolidated Fund, such an arrangement would be satisfactory to all parties. arms, and stores, in houses wh probably not afford many advan defence, and which might be s the midst of a large populati effect of omitting the proviso, would be to render the claus valueless. MR. CHRISTOPHER said, i intention to support the Amend less some assurance were give Government that they were pr charge a fair proportion of the e be incurred under this clause Consolidated Fund. VISCOUNT PALMERSTON Bill was not new in principle, ply defined that which was l in the existing law. During the the militiamen carried their arm shoulders, and wore their coats backs. In such a state of thi was no occasion for the erection houses. That necessity arose f riod during which the militia were disembodied or not asser military purposes. It was qui question, no doubt, whether the should be borne wholly by the c partly by the country at large. question did not arise on the A proposed by the hon. Member Wiltshire, which only went to those buildings from being as p secure as was desirable, by wh built, whether by the Governmen by the counties alone, or by the ment and the counties conjoin would seriously urge upon the this consideration, that if th should be struck out, there wo security that these structures MR. ROBERT PALMER said, he thought that the proposition of the hon. Member for Bedfordshire (Colonel Gilpin) was a very fair one, and would recommend its adoption by the Government. MR. W. WILLIAMS said, he consider-sufficient for the purposes intend ed it unnecessary to erect extensive bar- passing of the Amendment and racks for militia regiments, which were ing out of the proviso would effe seldom out for a longer period than twenty- terfere to prevent the attainm eight days during the year. Ile hoped object in view, and hon. Gent that hon. Members who represented bo- supporting the Amendment woul roughs would resist the attempt to throw feat their own intentions. He the charge for this purpose upon the Con- that the best course would be, solidated Fund. termine that adequate storehous be constructed, and then to whom the cost of their construct be borne. MR. SIDNEY HERBERT said, he apprehended that the object of the hon. Member for North Wiltshire (Mr. Sotheron) was to limit the expense to which counties were subjected to the building of stores, and to leave the Government to provide any other buildings and to meet any other expenses which were requisite MR. HENLEY said, that c the object of the Amendment wa the question whether it was f upon the counties to bear all the to be incurred under the clause |