GENERAL HISTORY 



[35 



should limit the operation of the 

 act as it regarded Ireland, to the 

 special case contemplated. The 

 magistrate v.-ho had executed the 

 warrant in Ireland was liable to 

 an action in the courts of that 

 country. It was necessary, there- 

 fore, for his protection, that 

 Ireland should be introduced into 

 the provisions of the present bill. 

 The clause, however, extended 

 no indemnity to magistrates in 

 Ireland, where the suspension did 

 not operate. 



The amendment leaving out 

 Ireland was at length agreed to, 

 on the understanding that, on the 

 bringing up of the report, a spe- 

 cial clause should be inserted 

 embracing the case alluded to. 



The Earl of Carnarvon pro- 

 tested against the payment of 

 double costs by the plaintiffs in 

 such actions as might have been 

 already commenced, without any 

 anticipation of this act. 



Lord King was desirous that 

 the infliction of double costs 

 should be entirely withdrawn 

 from the bill ; and moved to omit 

 the word " double." 



The Lord Chancellor observed, 

 that the next provision of the 

 clause enacted that those who 

 had commenced actions, but who 

 staid proceedings, would not be 

 liable to any costs. The double 

 costs were only to be imposed 

 upon those who, notwithstanding 

 parliament had taken from them 

 the ground of action, still pro- 

 ceeded. 



Lord King's amendment was 

 negatived. 



The Lord Chancellor then pro- 

 posed his amendment, to exempt 

 those from the payment of any 

 costs who commenced their ac- 



tions before the 27th of February; 

 which was agreed to. 



The Enrl of Carnarvon pro- 

 posed a clause for the purpose of 

 limiting the operation of the bill 

 to those cases in M'hich the inter- 

 ference of the legislature was 

 indispensably necessary. The 

 object of his intended clause was, 

 to deprive any person of a right 

 of action, whenever the secretary 

 of state should make an affidavit 

 before a judge, that the action 

 could not be defended without 

 danger to individuals, and injury 

 to the public service. 



The Earl of Liverpool said, 

 that the effect of the noble earl's 

 clause, if passed into a law, would 

 be to subject all the magistrates 

 in the country, and all persons 

 who had acted under them, to 

 the discretion of the secretary of 

 state to determine whether or not 

 actions might be brought against 

 them. 



The Earl of CarnarvonaSiYmeA, 

 that unless his clause was acceded 

 to, the evils ffrowinij out of this 

 act of indemnity would be much 

 greater than the benefits i-esulting 

 from it. He would not at present 

 trouble the committee by pressing 

 his clause, but he gave notice 

 that he would re -introduce it in 

 the ultimate stage of the bill. 

 The clause was negatived. 

 The Earl of Lauderdale having 

 inakind of ludicrous style selected 

 a passage from the Report, which 

 he begged leave to substitute for 

 the first clauses of the present 

 preamble, it was read, and an 

 amendment was grafted upon it, 

 which was negatived. 



The House was then resumed, 

 and the report was received. 

 The order of the day for the 



[n 2] third 



