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Commons Chamber

Volume 316: debated on Thursday 30 June 1887

House of Commons

Thursday, June 30, 1887

MINUTES.]—NEW WRITS ISSUED— For University of Dublin, v. Right honble. Hugh Holmes, Judge of Her Majesty's High Court of Justice in Ireland; for North Paddington, v. Lionel Louis Cohen, esquire, deceased.

PUBLIC BILLS — Ordered — First Reading — Distressed Unions (Ireland) * [307].

Second Reading —Consolidated Fund (No. 2) * ; Tramways (War Department) * [246].

Committee—Report —Crofters Holdings (Scotland) [287]; Criminal Law (Scotland) Procedure (No. 2) * [196]; Licensed Premises (Earlier Closing) (Scotland) [153]; Allotments and Cottage Gardens Compensation [167–306].

Report of Select Committee —Merchandise Marks Act (1862) Amendment [No. 203].

Report —Merchandise Marks Law Consolidation and Amendment * [194–304]; Merchandise (Fraudulent Marks) * [179]; Merchandise Marks Act (1862) Amendment * [142]; Criminal Law Amendment (Ireland) [290–305].

Considered as amended —Pauper Lunatic Asylums (Ireland) (Superannuation) * [62].

PROVISIONAL ORDER BILLS — Considered as amended —Public Health (Scotland) (Cowdenbeath Water) * [289].

Third Reading —Local Government (Ireland) (Killiney and Ballybrack) * [275]; Local Government (No: 5) * [280]; Local Government (No. 6) * [281]; Local Government (No. 8) * [286], and passed.

Questions

Questions

Irish Poor Relief Inquiry Commissioners — Financial Condition of the Unions—Distress in Connaught

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether the Irish Government have yet decided what course they propose to adopt with reference to the financial condition of the unions reported upon by the Irish Poor Relief Inquiry Commissioners?—The hon. Member also asked, Whether the right hon. Gentleman's attention has been directed to the deepening poverty of a large section of the population of the province of Connaught, owing to certain causes set forth in the report of the Irish Poor Relief Inquiry Commissioners, to the increase of population in the congested districts, and to the great increase of ejectments and decrees for rent in those districts; and, whether the Government have in contemplation any measure to avert the dreadful suffering, which it is feared will ensue during the coming autumn and winter, if something be not done to meet this condition of things?

(who replied) said: The policy of the Government with regard to the distressed Unions referred to is fully disclosed in a Bill which has been drafted and might have been in the hands of hon. Members this evening but for the action which certain hon. Members from Ireland, sitting below the Gangway, thought fit to adopt in opposing its introduction yesterday. The Government, however, propose to bring the Bill forward again as soon as possible.

asked if the opposition to the Bill which had been mentioned by the right hon. and gallant Gentleman was made by one or more than one? The right hon. and gallant Gentleman spoke of certain Members.

said, objection by one Member would be sufficient to prevent the Bill being brought forward; but he believed two Members objected to it.

Railways (England and Wales)—The Londonderry Railway (Durham)

asked the Secretary to the Board of Trade, Whether his attention has been drawn to the working of the Londonderry Railway between Sunderland and Seaham Harbour; whether the line is the property of the Marquess of Londonderry, and was originally made, and at present is extensively used, for the conveyance of coals from his Lordship's collieries in the district of Seaham to Sunderland Docks; whether it is a fact that coal trains are being continually run between the places named, and that about nine passenger trains are run each way per diem, and are usually well filled; whether the following facts are correctly stated—namely, that there are no continuous brakes in use on the passenger trains, and no steam brakes on the engines; that there is no attempt to carry out the block system in any way on the line; that there are neither guards nor vans for the coal trains during the day; that at night a guard rides on the last waggon on the coal trains with a hand lamp, but has no equipment, such as fog signals, and, should anything occur, has nothing but his hand lamp to protect his train; and, whether the Board of Trade has any means to enforce the adoption of some safety appliances suitable to the nature of the line and its traffic, and will they take any steps toward that result?

The Londonderry, Seaham, and Sunderland Railway is the property of the Marquess of Londonderry. It was inspected by an officer of the Board of Trade in 1855, and authorized to be opened for passenger traffic. The line, which is about six miles in length, is partly interlocked, but continuous brakes are not used on the passenger carriages, and the line is not worked on the absolute block system. The Board of Trade have no information as to the other Questions asked; nor have they power to enforce the adoption of safety appliances.

The Magistracy (Scotland) — Mr. J. Mackinnon, J.P., Isle of Skye

asked the Lord Advocate, Whether the proceedings of John Mackinnon, Kyle, Isle of Skye, a magistrate for the county of Inverness, upon Wednesday the 15th June instant, in depriving one man, two women, and three children of their liberty for several hours, by padlocking upon them the outer door of a house at Kyle, has been duly reported to him by the Local Authorities; and, if not, whether, in the interests of law and order, he will order a searching inquiry?

John Mackinnon was tenant on Kyle for many years, and his gardener occupied the house in question. A gardener who had been in his employment for five years vacated the house lately, and a man, Munro, who was son-in-law of the former gardener, who died five years ago, took forcible possession of the house, without any right or title of any kind, and refused to leave. John Mackinnon did put a padlock on the door, and it was on for about three hours. The whole matter relating to a dispute as to legal right, the parties may be left to a civil remedy for any wrong that may have been done on either side.

Inland Navigation and Drainage (Ireland)—The River Bann

asked Mr. Chancellor of the Exchequer, Whether the Government has decided to take steps with reference to the navigation works of the River Bann, in consequence of the recent Report of the Commissioners on Public Works in Ireland, or whether the subject is intended to be left in the first instance to the action of the grand juries of the respective counties of Antrim and Derry; and, whether the Government will take the necessary steps to bring the subject before such grand juries, as was the case after Lord Monck's Commission, 1881?

asked Mr. Chancellor of the Exchequer, If he is now prepared to state how much of the proposed grant of £50,000 for arterial drainage will be given for that of the Bann River; whether two Royal Commissions have reported against the maintenance of the navigation on the Lower Bann, and if that maintenance is useless and the cause of serious flooding in the district; whether the inhabitants on the Bann are compelled to pay taxation to support a work that only floods their land; and, whether the Board of Works cannot make an order for the removal of the wooden lock gates, or take some immediate steps before the summer is over to give relief to the inhabitants of the district?

The Government has already taken the necessary steps to consult the Grand Juries of the counties of Antrim and Derry as to the navigation of the River Bann, and to urge upon them the considerations in favour of abandoning the navigation which are put forward in the Report of the Royal Commission. Upon the decision of the Grand Juries will depend, to a certain extent, the character of the works which the Government are prepared immediately to undertake for the better drainage of the valley of the Bann. In any case the Government intend to insert sluices in the weir at Toome. That will be necessary, whether the abandonment of the navigation be decided upon or not, and about £3,000 out of the £50,000 will be devoted to that purpose. If the Grand Juries decide to maintain the navigation, it will likewise be necessary to insert sluices in the other weirs on the River; and it may be possible to do some work this year on that at Cortna. Either or both of these works will be of considerable advantage to districts liable to floods. With regard to the lock gates, the Board of Works cannot make an order for their removal without legislation.

Vaccination—Lewis Miller (Uckfield Union)

asked the President of the Local Government Board, Whether, at Uckfield, on 23rd Juno, Lewis Miller was fined for not procuring his child to be vaccinated; whether Lewis Miller had been three times previously prosecuted and fined at the instance of the Guardians of the Uckfield Union in respect of the same child; whether, on or about the 14th April last, the Local Government Board, in consequence of the previous prosecutions against Lewis Miller, wrote to the Guardians of the Uckfield Union, deprecating generally repeated prosecutions against the same man for the same offence; and, whether Captain Noble, Chairman of the Uckfield Board of Guardians, is also Chairman of the Uckfield Bench of Magistrates?

On the 23rd instant, an order was made on Lewis Miller to have his child vaccinated within a month, and to pay the costs, amounting to 9 s. 6 d. He had been proceeded against three times previously at the instance of the Guardians. On the first occasion an order was made on him to have his child vaccinated, and on the second and third occasions he was fined, the fines being 10 s. and 5 s., and the costs 12 s. and 9 s. In a letter addressed to the Guardians on the 21st of April last, Mr. Miller stated that his fines and costs were paid by a society for the abolition of compulsory vaccination. The Local Government Board have informed the Guardians generally of their views as to repeated prosecutions, as expressed in the letter to the Evesham Guardians. It rests with the Guardians, and not with the Board, to decide as to the course the Guardians shall adopt in any case of default. I have communicated with the Clerk to the Guardians, and am informed that Captain Noble, the Chairman of the Board of Guardians of the Uckfield Union, is also Chairman of the Uckfield Bench of Magistrates. He believes Captain Noble was not on the Bench on the 23rd instant. If he had been, he would not have taken part in the proceedings in the case of Lewis Miller.

War Office—Regimental Bands at Political Fetes—The Dorsetseire Regiment

asked the Secretary of State for War, Whether, by permission of the Colonel Commanding, the band of the Dorsetshire Regiment is advertised to play, on the 27th July, at a Conservative fête, in aid of the Conservative cause, in the grounds of Pensylvania Castle, Portland; and, whether he will take any action in the matter?

The permission for this band to play at a political gathering was given without the authority of the General Commanding, and will be withdrawn.

Navy — Sentence on Assistant Paymaster Montgomery, H.M.S. "Duncan."

asked the First Lord of the Admiralty, With reference to the case of Mr. H. J. B. Montgomery, late Assistant Paymaster of H.M.S. Duncan, Sheerness, who was lately sentenced by court martial to two years' hard labour, and to be dismissed from Her Majesty's Service with disgrace, for stealing a sum of £500 and for desertion; whether he is aware that the said Mr. Montgomery returned of his own accord as soon as he heard that the money was missing, and that on his return he was kept a close prisoner, deprived of all his private effects, and for three days not allowed to communicate with his solicitor or anyone else, not even his brother, by which means he was kept from taking any steps to ascertain how the loss occurred; whether it is a fact that the prosecution took no steps to trace the missing notes, and that the court martial convicted Mr. Montgomery of the theft merely on the circumstantial evidence, although Mr. Montgomery had offered to refund the money, and of desertion, although he returned of his own accord; whether all the clothes and private effects of Mr. Montgomery are forfeited to the Crown; and, whether the Admiralty intend to take further steps to inquire into this loss, and to alter and annul the sentence?

Mr. Montgomery returned to his ship of his own accord; I am not aware of the reasons which prompted him to so act. He was kept a close prisoner, and not allowed access to his cabin; but permission was given for him to have from his cabin any letters or clothes that he might want. Communication with his solicitor was refused for one day only, until instructions were received from headquarters. The prosecution did take steps to trace the missing notes, but the efforts made were unsuccessful. The evidence on which the prisoner was convicted, though mainly circumstantial, was conclusive to the Court. Under Section 19 of the Naval Discipline Act, the effects of all persons convicted of desertion are forfeited to the Crown. The Admiralty do not propose to interfere with the sentence.

Navy—H.M.Ss. "Collingwood," "Colossus," and "Conqueror"—The 45-Ton Gun

asked the Surveyor General of the Ordnance, If he can inform the House when the 12-inch breech-loading, mark V, 45-ton guns ordered by the late Board of Admiralty, on the 11th June, 1886, for the Collingwood, Colossus, and Conqueror, and promised by the War Office to be completed last October, are likely to be fit for service; if he can state when the guns ordered for the Hero are likely to be delivered; and, if he can acquaint the House how many of the 22 breech-loading guns ordered for the Naval Service by the late Board of Admiralty, on the 11th June and 16th July, 1886, have been handed over to the Admiralty?

The guns for the Colossus and Conqueror are of mark III., and have been on board those ships for some time past.

Yes, all of them. The guns for the Collingwood were being made by contract, and there had been some delay with them. It is expected that the guns for the Hero will be ready in the autumn. Of the 22 breech-loading guns, 10 have been handed over to the Admiralty, and the remainder will be handed over at the end of the year.

Law and Justice (England and Wales)—Accommodation for Untried Prisoners

asked the Secretary of State for the Home Department, Whether he will lay upon the Table of the House the Correspondence between the Home Office and the local authorities as to the defects in the accommodation for untried prisoners, in time for the House to consider during the present Session whether the engagements undertaken by the local authorities to remedy the existing defects are or are not adequate and satisfactory?

No, Sir; I do not consider that any advantage would be gained by laying this Correspondence, which is very voluminous, upon the Table of the House. As I before stated, the Correspondence is not yet complete; when it is complete, it will have to be considered whether any legislation may, or may not, be necessary.

Royal Irish Constabulary Fund

asked the Chief Secretary to the Lord Lieutenant of Ireland, What is the sum lying to the credit of what is known as the Royal Irish Constabulary Fund?

(who replied): The Inspector General of the Royal Irish Constabulary reports that the amount at present lying to the credit of the Constabulary Force Fund is £133,489, which is invested in Government Stock.

Law of Limited Liability—Legislation

asked the Secretary to the Board of Trade, in view of the anxiety felt by both employers and employed in the manufacturing districts, If he can state when Her Majesty's Government intend to introduce a measure for the amendment of the Law as to limited liability?

The subject is receiving the careful consideration of Her Majesty's Government; and if the state of Public Business admits of it, they hope to lay a measure of this description before Parliament during the present Session.

The Magistracy (Ireland)—Major Gosselin, R.M

asked the Chief Secretary to the Lord Lieutenant of Ireland, Why the name of Major Gosselin, R.M. was left out of the recent return of Resident Magistrates; whether his name appears in the Irish Constabulary Guide as an Irish Resident Magistrate without a station in Ireland; where does he reside; what are his judicial duties; and, what is his salary?

(who replied): Sir, Major Gosselin is not for the present employed as a Resident Magistrate and does not receive pay as such. His name does not appear, therefore, on the list of Resident Magistrates.

It appears in Thom's Directory. Do I understand the Under Secretary to say Major Gosselin receives no salary?

He has not received any pay as a Resident Magistrate since the present Government came into Office.

Vaccination Acts—Robert Essam's Imprisonment for Non-Payment of Fine

asked the Secretary of State for the Home Department, Whether his attention has been called to the imprisonment of Robert Essam, of Kettering, for nonpayment of a fine under the Vaccination Acts; whether Robert Essam was, during his imprisonment, compelled to pick oakum, lie on a plank bed, and generally submit to the same diet and treatment as if he had been sentenced to im- prisonment with hard labour; whether such treatment, diet, and discipline are applicable to cases of non-compliance with the Vaccination Acts under the existing Law; and, whether he will advise the magistrates to treat such prisoners more leniently, or take steps to amend the existing Law, so as to prevent prisoners under the Vaccination Acts from being treated in the same way as felons?

I am imformed, by the Prison Commissioners, that it is not a fact that Essam was treated as a prisoner under a sentence of hard labour. He was treated in the manner legally applicable under prison rules to those who are under sentence of simple imprisonment. He made no complaint as to his treatment to anyone connected with the prison. I am not prepared to advise any special mode of treatment for persons imprisoned under the Vaccination Laws different from the treatment in numerous cases in which civil duties are enforced by imprisonment in default of payment of fines.

Will the right hon. Gentleman state whether it is a fact that Essam was compelled to pick oakum, to lie on a plank bed, and to have the diet of a prisoner sentenced to hard labour?

It is the case that Essam picked some oakum, and had to lie on a plank bed; but it is not the case that he had the diet applicable to prisoners with hard labour.

War Office—Compulsory Retirement

asked the Secretary of State for War, Whether it is true that it is the intention of the authorities at the War Office to place over ninety commanding officers on half pay, under the Warrant of 1881, which was repealed by the present Government last January, on the ground that it was detrimental to the interests of the service; and, what are the reasons which induce the War Office to compel ninety officers to retire after less than two years in command and from 25 to 30 years' service, thereby increasing the amount of the non-effective Vote, when, by the recent Warrant of January 1887, they have declared that it is injurious to the service that commanding officers should be compulsorily retired under four years' command?

The recent Royal Warrant specially provides that a lieutenant colonel shall be removed from his regiment after completing six years' service in the ranks. The reduction of one lieutenant colonel in each regiment of Cavalry and battalion of Infantry has already seriously diminished the promotion open to majors. To prolong the service of the remaining lieutenant colonels would not only add to this hardship, while conferring on the lieutenant colonels privileges to which they had no claim under the former Warrant, but would force on the Retired List many majors who have now every prospect of, and a fair claim to, promotion. It does not follow that the lieutenant colonels removed to half-pay would burden the Non-Effective List for any long time, as they will be eligible for employment on the Staff or in command of regimental districts and otherwise, and many of them will, presumably, be so employed. The actual number of commanding officers whose period of regimental service will expire during the present year is for the Cavalry regiments, 16, with an average period in command of two years and seven months; and for the Infantry battalions, 54, with an average command of two years and four months.

Evictions (Ireland) — Evictions at Bodyke, Co. Clare

asked the Chief Secretary to the Lord Lieutenant of Ireland, If he will state what was the number of police and military engaged in carrying out the recent evictions at Bodyke; what length of time they were engaged on this work; how many families were evicted; and, the total cost to the country of these proceedings?

, in reply, said, there were 209 police, including officers, and 100 military engaged at these evictions, and the time occupied was from the 25th May to the 17th June. Twenty-five families were evicted; but he was unable to state the costs, as the accounts had not yet been furnished.

The Dog Tax-Ireland

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he can explain under what circumstances the proportion of Dog Tax payable in Ireland under "The Dogs Regulation Act, 1865," to the treasurers of counties and boroughs, has been reduced during recent years from the amount of contribution originally payable; what becomes of the surplus after the expenses and contributions to local bodies have been paid; and, whether he will consent to a Return giving details of the disposal of the fund?

, in reply, said, that the reductions in the amount of the contributions was due to the operation of Section 2 of the Act 44 & 45 Vict. c. 18. The reason of the reduction was that the ordinary sums for the payment of clerks' salaries had fallen short, owing to a reduction in receipts of fines, &c., and the surplus from the Dog Tax had to be devoted to the purpose of paying these salaries.

Law and Police (Ireland)—Francis Cooke

asked the Chief Secretary to the Lord Lieutenant of Ireland, If, on the occasion of Francis Cooke being charged with presenting a revolver at Mr. Veich Simpson, Sergeant Henry said he was prepared to swear Cooke was sober; whether Cooke is now permitted to carry firearms; whether Sergeant Henry charged Mr. Veich Simpson a few nights afterwards with being drunk, while Constable Farrell appeared as plaintiff in the summons; whether Mr. Turner, R.M. at petty sessions, commented strongly on such a breach of discipline as putting the constable forward as complainant, the sergeant being the senior on duty; and, whether the Government intend to take steps, in accordance with the Constabulary Code, to remove Sergeant Henry from the district, if they still consider him fit to have charge of a station?

, in reply, said, the District Inspector of Constabulary reported that the sergeant did not say he was prepared to swear Cooke was sober on the occasion in question. Cooke was still permitted to carry firearms, if he so desired, the Resident Magistrate saying, after the case was over, he saw no reason to recommend that the licence should be revoked. Simpson was not charged a few nights after, but a little over three weeks afterwards he was summoned. A constable acted as complainant by the direction of the sergeant, in accordance with the general instructions the latter had received, to the effect that junior men should conduct a case whenever necessity arose, so that they might become accustomed to that duty. The Resident Magistrate did not comment strongly on this fact; but defendant remarked it was strange that the sergeant did not prosecute. The Resident Magistrate then inquired if it was not senior men who prosecuted; but on hearing the sergeant's explanation he was satisfied. The sergeant seemed to have properly discharged his duty, and the Government saw no reason to order his removal from the district.

India—The Nizam of the Deccan—Concession of Mining Rights to the Deccan Company

asked the Under Secretary of State for India, If he is aware that the existence of certain mines in the Deccan was well known to the Natives, and that since the concession to the Deccan Company no fresh discoveries of minerals have been made; If he will lay upon the Table of the House the details of the concession, giving the date of the commencement of the negotiations for it, and the names of the negotiators on both sides; if he will state whether any other offers were made; and, whether the intention to let the mines was advertised; and, if so, where?

I am aware of the fact stated in the first paragraph of the Question. If the hon. Member will move for Papers on the subject of this concession, the Government will direct them to be furnished. The negotiations commenced in 1883, between Sirdar Diler Jung, on behalf of the Hyderabad State, and Mr. Watson on behalf of the projected Deccan Company. I am not aware that any other offers were made, or that the intention to let the mines was ever advertised.

Post Office — Tender for the Conveyance of India and China Mails

asked the Postmaster General, Whether the tender of the Peninsular and Oriental Mail Company for the conveyance of the India and China Mails carries out the conditions on which tenders were invited, or in what particulars it introduces other and different conditions; whether the rejected tender or tenders were not more in accordance with the terms laid down by the Post Office; whether an opportunity will be afforded for fresh tenders on the part of any firm which may have thought it necessary to adhere to the conditions on which such tenders were invited by the Post Office; and, whether he will lay upon the Table a Copy of the original conditions?

In inviting tenders for the conveyance of the India and China mails, the Post Office specified the several services required, but stated that it would be open to persons tendering to make an offer for the whole or any part of the services enumerated, or to serve the several places mentioned by other lines or routes. The Peninsular and Oriental Company sent in six tenders for services, varying in character as to route of conveyance, rates of speed, and the amount of subsidy required, and the accepted tender clearly comes within the definition laid down by the Post Office. The rejected tenders were not more in accordance with the terms laid down by the Post Office; and as the time for tendering expired in March, 1886, it would be a departure from the engagement to which the Department was publicly committed to call for fresh tenders. As the conditions are practically embodied in the contract now before the House, I do not see that any advantage would result from laying on the Table a copy of the original conditions.

Does the Treasury Minute clearly represent the conditions of the tender; and, if so, is it not the fact that the accepted tender differs both as to time, speed, and route from the tenders invited?

I have already pointed out that it does not differ as to route or as to speed from the original conditions laid down, but with regard to time, there is, of course, some difference.

In view of the discussion on this subject to-night, I would ask the First Lord of the Treasury, whether he will consent to an early adjournment of the debate on the Criminal Law (Ireland) Amendment Bill?

It is not proposed to take the adjourned discussion on the mail contract this evening.

Poor Law (England and Wales)—The Wellingborough Union, Northamptonshire

asked the President of the Local Government Board, Whether his attention has been drawn to the repeated requests made by the ratepayers of Rushden, in the Wellingborough Union, Northamptonshire, for one or more additional guardians to be authorized; whether the following facts are correctly stated:—That the representation of Rushden on the Board of Guardians for the Wellingborough Union has not been increased since the formation of the board; that, in 1874, the number of houses in Rushden was 476, whereas there are now 1,060 houses, and more are being constantly built; that the population of Rushden was 2,122 in 1871; 3,658 in 1881; over 5,000 in 1886, when a school census was taken and (allowing for 72 houses since completed and occupied) must now exceed 5,300; that the rateable value of the parish of Rushden was, in 1879, £7,292, whereas it is now, in spite of reductions in assessment of agricultural land, over £12,000; that, while throughout the union, in the aggregate, there is one guardian for every 1,000 persons, Rushden has only two guardians for a population of 5,300 or more; that the Board of Guardians passed a resolution, on the 7th of April 1887, that application be made to the Local Government Board for an additional guardian for Rushden, on account of its large increase of population; that the Local Government Board, in several letters, has admitted that Rushden is entitled to increased representation; and, whether, having regard to the increased population of the whole union, and to the very great increase in the population and rateable value of Rushden, the Local Government Board will consent to an additional member of the board for the union to represent Rushden?

The Local Government Board, both last year and in the present year, received a representation from the Guardians of the Wellingborough Union, in favour of an increased representation of the parish of Rushden on the Board of Guardians of that Union. The number of Guardians for Rushden has not been increased since the formation of the Union. I have no reason to doubt the accuracy of the statements in the Question as to the number of houses in the parish, and its population and rateable value; but I have no means of verifying the statements as to certain of these particulars. There is some case in favour of an increased representation of the parish, and the Local Government Board would not be unwilling to assign an additional Guardian to Rushden, provided that the total number of Guardians, which is 38, is not increased. With that view the Board proposed that the parish of Strixton, which, according to the Census of 1881, had a population of only 75, should be annexed to another parish for the purpose of the election of Guardians. The Board of Guardians have hitherto been opposed to this proposed annexation, but before the next annual election of Guardians takes place, the Board will consider whether the changes referred to as regards Rushden and Strixton should not be made, notwithstanding the objection of the Guardians.

Lighthouses (Ireland)—Connection With the Mainland

asked the Secretary to the Board of Trade, Whether the Government intend to make progress with the Bill to amend "Lloyd's Act, 1871," in order to enable "Lloyd's" to connect lighthouses with the mainland, and especially to connect Tory Ireland with the mainland of the north-west coast of Ireland?

The Bill to which the hon. Baronet refers is one to confer upon Lloyd's certain powers with respect to sites for signal stations, and it is intended to pro- ceed with it; but the details of the measure are still under consideration.

Scotch Local Taxation Returns

asked the Lord Advocate, If the Department of the Secretary for Scotland will expedite the Scotch Local Taxation Returns, so as to lessen the long period between the date for which prepared, and the date on which these Returns are in the hands of Members, for instance, the last delivered Returns for 1884–5 were only delivered nearly three years after date, on the 22nd June, 1887, and these Returns, though ordered by the House to be printed on the 24th June, 1886, were only available a year later?

, in reply, said, the Secretary for Scotland would take steps to expedite the issue of these Returns, which, should be in the hands of Members as early as possible. He might be allowed to state that, in his previous answer to a Question of the hon. and gallant Member, he did not intend to suggest that there had been any dilatoriness on the part of the Board of Supervision, or the Crown Authorities, in the work done by them.

Prisons (England and Wales)—Tenders for Drugs, &c

asked the Secretary of State for the Home Department, Whether, in April, 1886, tenders were invited for the supply of drugs and sundries to Her Majesty's Prisons; whether the accepted tender was at the rate of 12½ per cent discount off the list of prices supplied by the department; whether one of the rejected tenders was at the rate of 20 per cent discount; and, whether the firm sending in the lower tender has been in the habit of supplying several great hospitals, and furnished testimonials of competency and trustworthiness from upwards of thirty well known medical men in various parts of Great Britain and Ireland; and, if so, whether a reason can be assigned for the payment of a price 7½ per cent higher than that for which the drugs could have been obtained?

Yes, Sir; I am informed by the Chairman of the Prison Commission that the facts are substantially as stated in the Question. It is held, and very reasonably, by the Medical Inspector of the Department, that contractors who have been tried and tested as supplying pure drugs should be preferred, unless some considerable advantage is to be gained by not doing so. The difference of price referred to in the Question would not, for the whole of the prisons, amount to more than £95. I see no reason to interfere with the practice of the Department, which is, I believe, similar to that followed in other Public Departments and large hospitals.

War Office — the Ordnance Inquiry Commission — Lieutenant Colonel Hope and Captain Armit

asked the Secretary of State for War, Whether Lieutenant Colonel Hope, V.C. and Captain Armit stated, in paragraph 228 of the Report of the Ordnance Inquiry Commission, as the witnesses "who charged corruption against certain Officers and gentlemen in connection with the system of contracts for stores for the public service," which charges are stated to be, in the opinion of the Commissioners, in the last paragraph of their Report, "false and unfounded," still hold commissions in the Volunteer Forces; and, if so, whether the Government, under the circumstances, intend to take any, and, if so, what, steps with reference to these Officers?

Sir, Her Majesty has been advised to dispense with the services of Captain Armit. As regards Colonel Hope, his case rests on a somewhat different ground, and my decision is contained in a letter, which I caused to be addressed to Captain Noble on the 27th instant, which, with the permission of the House, I will read.

"War Office, June 27, 1887. Sir,—I am directed by the Secretary of State for War to acknowledge the receipt of your letter of the 14th inst., relative to the charges made against yourself and others which have recently been investigated by a Royal Commission. Mr. Stanhope entirely agrees with the finding of the Commissioners that these charges were based on pretexts which were 'not enough to raise in any fair mind even a passing suspicion that there might be corruption,' and as regards the transactions in which you were more immediately concerned, that the charges were 'not only wholly unfounded, but there never was any evidence whatever to justify their being made.' He finds it difficult adequately to express his condemnation of the conduct of those who have made these false, calumnious, and disgraceful charges; but the whole subject having been referred by his Predecessor to a Judicial Commission, and the Commissioners having reported that in their opinion Colonel Hope's charges, though' culpably reckless,' were not 'intentionally false'—that Colonel Hope 'had admitted his mistakes with honourable candour,' and had 'more or less atoned for his conduct in making these charges by the frankness with which he had admitted his mistakes when they were pointed out to him,'—Mr. Stanhope feels himself debarred from taking any action against that officer. As regards Captain Armit, His Royal Highness the Field Marshal Commanding-in-Chief has submitted to Her Majesty that he be removed from the Volunteer Service.—I am, Sir, your obedient servant, RALPH THOMPSON."

asked, whether the right hon. Gentleman's attention had been called to a pamphlet, in which Colonel Hope virtually repeated some of the charges in question?

, in reply, said, that he had seen the pamphlet referred to, and it was under his consideration; but as regards that pamphlet it was open to him to bring an action against Colonel Hope, if he thought any of the charges made in that justified such action.

The Australian Colonies—French Occupation of the New Hebrides

asked the Under Secretary of State for Foreign Affairs, Whether, having regard to the strong interest felt by the Australian Colonies in the maintenance of the engagements entered into by Great Britain and France for the non-occupation by either Power of the New Hebrides, he can state what progress is being made in the negotiations with the French Government on the subject, and can assure the House that there is reason to expect a speedy withdrawal of the French troops from the position they now occupy in those islands?

Our representations to the French Government have not at present resulted in the acceleration of the negotiations; but I still hope that the discussions with that Government will very shortly be concluded, and that the withdrawal of the detachments in the New Hebrides will be arranged.

asked, whether, considering the great length to which these negotiations had extended, the right hon. Gentleman could not state any date when they might expect to learn the result?

, in reply, said, as far as Her Majesty's Government were concerned, there had been no delay, and no ground for delay. But, while awaiting a reply from a Foreign Government, it was impossible to ask that a date should be fixed.

Truck Bill—The Belfast Shipwrights

asked the Secretary of State for the Home Department, With regard to the fact that six thousand shipwrights, lately on strike in Belfast, in consequence of the refusal of their employers to pay wages weekly instead of fortnightly, have returned to work, after petitioning this House, in the hope that the House would favourably regard their claim, what provision the Government will agree to have inserted in the Truck Bill to regulate the weekly payment of wages?

If the hon. Member was present at the discussion on the Truck Bill on Tuesday, he will be aware of the great difficulty felt by the Government in framing any fixed rule as to the period of payment of wages which would suit the varying circumstances of all industries. I observe that some clauses have been set down for consideration on Report of the Truck Bill, and the House will then have an opportunity of further considering the question. Personally, I am in favour of weekly or fortnightly payment of wages where the workmen are paid according to time, and where no special circumstances exist to render impossible the weekly or fortnightly measurement of the work done. I could not, however, without Notice, say whether I could advise the insertion of a clause dealing with the matter.

Law and Justice (Ireland)—Quarter Sessions at Nenagh

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether, at the recent Quarter Sessions at Nenagh, in the North Riding of Tipperary, on the 8th June, the only case for trial was one for the larceny of a duck; whether the finding of the Grand Jury in the case was "no bill;" whether witnesses were brought from Roscrea, a distance of twenty miles, and jurors from their homes even more distant; whether five jurors had fines of £2 2 s. each recorded against them, for not at once answering to their names, although no petty jury was empannelled; whether the Crown Solicitor, Mr. George Bolton, was in attendance, in charge of this prosecution; how much did this alleged larceny of the duck cost the county; whether he will consider the advisability of having such cases disposed of by the magistrates in the district at Petty Sessions; and, whether, in face of such an entire absence of crime in the North Riding of Tipperary, the extra police will be withdrawn from that district? The hon. Member said, he wished to draw attention to the fact that a passage in his question relating to the enormous expense incurred in bringing such trifling cases before a Court of Quarter Sessions had been expunged.

(who replied) said, it was only his duty to answer Questions as they appeared on the Paper. He was informed, that the facts were substantially as stated in the first three paragraphs of the Question. The jury panel was called over, and it was imperative on the Court to call over the panel whether there were any cases for trial or not. Some jurors had fines recorded against them, but they afterwards attended and got these fines remitted. Mr. Bolton did not appear to have had anything to say to the criminal proceedings. Mr. Bolton happened to be present, but he did not interfere in the case. The expenses of the prosecution referred to in the Question had not yet been ascertained. They would probably not exceed £3. The Government could not adopt the suggestion of the hon. Member as regarded the disposal of cases by magistrates, who must be clearly guided by the merits of each case. The question of the reduction of the police force in the North Riding of Tipperary had been considered, and a reduction of 10 men had been approved of from the 20th instant. No further reduction could at present be made.

asked what fee would be paid the Crown Solicitor for attending to prosecute about this expensive duck?

Would the right hon. and gallant Gentleman say whether the duck was included in these fees?

[No reply.]

Riots and Assaults (Ireland)—The Recent Riots at Cork

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he has been informed that, at a meeting of magisstrates of the City of Cork, held on Monday on the requisition of the Mayor, it was resolved unanimously to request the Government to order a sworn inquiry into riots which occurred in Cork on the previous Tuesday, their cause, their result, and the police arrangements existing on the occasion; whether, in the event of such inquiry taking place, the Mayor of Cork will be a member of the Court of Inquiry; and, upon what grounds Captain Plunkett, Divisional Resident Magistrate refused to attend the above-mentioned meeting of magisstrates, though requested to do so?

(who replied) said: I have already replied to the first paragraph of this Question. As regards Captain Plunkett's absence from the meeting, I have not had time to receive a statement from him on the subject; but I presume that he had other official engagements.

War Office—Small Arms Factory, Enfield—Discharge of Workmen

asked the Secretary of State for War, Whether, during the last few weeks, there have been about 500 men discharged from the Royal Small Arms Factory at Enfield; and, whether it is intended to still further reduce the number of men employed?

asked, Whether large sums had not recently been spent in extending the buildings and machinery at Enfield, to the amount of £32,000 for the latter, and £20,000 for the former?

(who replied) said: I must ask for Notice of this latter Question. The discharges at Enfield from all causes since the 1st of April have been 152, of which 60 have been by way of reduction. No decision has yet been come to as regards further reductions.

Admiralty—The Maxim Gun

asked the First Lord of the Admiralty, Whether the Maxim Gun has been fired without fault since Mr. Maxim visited Portsmouth to instruct the sailors in loading and handling the gun and magazines; and, whether the so-called failing of the gun when Members of the House were present on the invitation of the noble Lord the Member for East Marylebone, was due solely to the fact that the sailor had not previously been instructed in its use?

The gun in question has been successfully fired by Mr. Maxim since his visit to Portsmouth, but it took a day to put it in order before firing. The failure of the gun on the occasion referred to was not from any want of instruction on the part of the seamen who fired it, but owing to one of Mr. Maxim's men having changed the gun which had been prepared for firing for one that was out of order.

Law and Justice (Ireland)—The Attorney General's Salary

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether, in the event of a vacancy taking place in the office of Attorney General for Ireland, the emoluments of that office will be fixed in accordance with the terms fixed by the Treasury, and stated in the letter from the Secretary to the Treasury to the Chief Secretary, dated 10th April, 1886?

(who replied) said: The present Irish Government agree with the opinion held by their Predecessors, and conveyed to the Lords of the Treasury by the right hon. Gentleman the Member for Newcastle (Mr. John Morley) in his letter of May 27, 1886—namely, that it would not be reasonable or fair to fix the salary at a less rate than £5,000 a-year.

gave Notice that, at the earliest opportunity, he would take the opinion of the House upon the question whether the decision of the late Government that the salary should be £4,000 ought not to be adhered to.

Law and Justice (Ireland)—Reduction of Judges

asked the Chief Secretary to the Lord Lieutenant of Ireland, When he proposes to introduce a Bill for a reduction of the number of the Irish Judges; and, whether, in the event of any vacancy occurring in the Judicial Bench, he will take care that no fresh appointment is made until Parliament has had the opportunity of considering such Bill?

(who replied) said: The Government have already expressed their desire to see the number of Irish Judges reduced; but, having regard to the present state of Public Business in the House, they are unable to say when they will be in a position to propose legislation on the subject. They will do so as soon as possible.

May I point out that the right hon. and gallant Gentleman has not answered the second part of the Question?

The Government cannot undertake to adopt the suggestion of the right hon. Gentleman.

Subsequently,

said: I wish to ask a Question arising out of the answer given to the previous Question of my right hon. Friend the Member for Wolverhampton; and it is only fair to explain to the House what is exactly the purport of my Question. When the Bill dealing with the Chief Judges of the Irish Courts was passing through this House there was considerable opposition to it on this side, and in the end an arrangement was made between the present Chief Secretary for Ireland (Mr. A. J. Balfour) and myself that that opposition should not be carried on, on the distinct agreement by the Chief Secretary for Ireland that he would bring in, during the present Session, a Bill to deal with this question of the number of Irish Judges on the lines of the Bill which I brought in in 1885. He was careful to say there might be differences on some points of minor detail, but that the Bill should be based on the Bill of 1885, and should be brought in as early as possible. The answer which the right hon. and gallant Gentleman the Parliamentary Under Secretary just gave was that he could not say whether such a Bill could be brought in or not; and I rise to appeal to the Leader of the House, in order that we may have an assurance from him that the pledge given by the Chief Secretary for Ireland will be redeemed in its entirety.

Before the right hon. Gentleman answers the Question, I should like to ask him whether he is not aware that I withdrew an Amendment which stood in my name against the Supreme Court of Judicature (Ireland) Bill, which would have prevented the appointment of an additional Judge, on the distinct pledge given by the Chief Secretary for Ireland that the Government would bring in a Bill to reduce the number of Irish Judges? I would ask whether the Government will take care, in the circumstances, that no additional Judges are appointed?

Any engagement which the Government have entered into with the House will be observed in letter and in spirit. They will not withdraw in any degree from the spirit of the engagement into which they have entered. The right hon. Gentlemen are both aware that it is not within the power of the Government to force a measure on Parliament of this character. I will undertake that the engagement, whatever it was, shall be exactly fulfilled.

The Royal Titles—The Title of "Empress."

asked the Secretary of State for the Home Department, Whether the signa- ture to the Queen's Letter of Thanks, issued at Windsor Castle on 24th June, and addressed to the Secretary of State for the Home Department on Saturday 25th June, is in accordance with the solemn pledges given in Parliament by the Lord Chancellor and the Prime Minister in 1876, when the Royal Titles Bill was carried, when the former stated, "We, the Government, will endeavour to prevent the use of the title in the United Kingdom," and the latter said "I am sure that under no circumstances would Her Majesty assume … . the title of Empress in England;" and, whether the Government will undertake that in future the title of Empress shall only be used in accordance with the pledges given in 1876?

The Queen's Letter of Thanks was addressed to her whole people, including her Indian subjects, many of whom took part in the festivity of the past week. Hence the use of the title Empress. But in all documents relating to the business of the United Kingdom Her Majesty abstains from using the title of Empress. It does not appear to the Government, therefore, that there has been any violation of the assurances given in 1876.

asked, whether the right hon. Gentleman had had his attention drawn to the fact that in 1876, when the Royal Titles Bill was carried, the Lord Chancellor said the title of Empress should be "localized to India?"

[No reply.]

Inland Navigation and Drainage (Ireland)—Drainage of the River Barrow

asked the Chief Secretary to the Lord Lieutenant of Ireland, What steps have been taken about the drainage of the River Barrow; and, whether, with a view to the progress of work, and the relief of the great distress in the district amongst the labouring class from the want of employment, the Government will take the necessary steps to have the works commenced this summer?

(who replied) said: The hon. Member is aware that legisla- tion would be necessary to enable the Government to adopt or carry out any general scheme with regard to the drainage of the Barrow. The Government propose to undertake the preliminary surveys necessary for the preparation of a Bill dealing with the case of the Barrow; and they hope also to be able to carry out some minor work on the river, which can be effected without change in the law if no difficulties are raised locally. The expense of these proceedings will be a charge upon the sum of £50,000, which, in compliance with the promise of my right hon. Friend the Chancellor of the Exchequer, the House will be asked to vote for expenditure in Ireland during the present financial year.

Factories Acts—Factory Inspector in Belfast

asked the Secretary of State for the Home Department, Whether there is a vacancy in the office of Factory Inspector in Belfast; and, whether, if so, he will appoint a competent working man to the position?

asked, whether an application for the post had already been sent in by a Nationalist?

Public Business—Ulster Canal Bill

asked the Chief Secretary to the Lord Lieutenant of Ireland; Whether the Government intend to bring in the Ulster Canal Bill this Session?

(who replied) said, the Government would be very glad to bring in the Ulster Canal Bill, if the hon. Gentleman could give him the assurance that it would not be opposed, as it was before, by hon. Members who sat near the hon. Gentleman.

Inland Drainage and Navigation (Ireland)—Drainage of the River Barrow

asked Mr. Chancellor of the Exchequer, What portion of the sum of £50,000, which he has promised to devote to purposes of Irish improvement, it is intended to expend on the drainage of the Barrow; and, whether the work can be commenced at once?

This Question has already been answered. I am afraid it will not be possible to undertake works costing more than £5,000 upon the Barrow during the present financial year. There will be no delay in commencing the work in question, and preparatory steps are already being taken by the Irish Authorities.

Celebration of the Jubilee Year of Her Majesty's Reign—Review at Aldershot

asked the Secretary of State for War, Whether facilities cannot be afforded for the families of Members of Parliament to view the Royal Review of Troops, at Aldershot, on 9th July?

, in reply, said, he was sorry to say there would be comparatively little accommodation for Members of the House and their families on the stands erected near the scene of the forthcoming Review. He had not thought it right to submit any estimate for the purpose of defraying the cost of erecting a stand for Members. On the stand that was being built there, there would be 250 places for Members of the House of Lords and 400 for Members of the House of Commons. But there would also be an enclosure for carriages and other places from which the Review could be seen. As to refreshments, there would be a contractor on the ground who would supply them.

asked, what means would be taken to test the security of the seats to be erected at Aldershot on the occasion of the Review; and, also whether, as the accommodation appeared to be limited, the Secretary of State would see that larger accommodation was provided, making the necessary charge for it?

said, a contractor was putting up certain seats, of which 400 had been allotted to Members of the House of Commons and the remainder would be let by the contractor.

Intermediate Education (Wales)—The Bills

asked the First Lord of the Treasury, Whether, as he deems it too late in the Session to refer the two Welsh Intermediate Education Bills to a Select Committee, he will afford an opportunity for the discussion of these measures by the House?

asked the First Lord of the Treasury, Whether the Government are prepared to recognize the great interest taken in the subject of Welsh Intermediate Education throughout the Principality by the appointment of a Select Committee to consider the Bills which now stand for Second Reading in the House; and, if not, whether they will give the whole question their serious consideration during the Recess, with a view to legislation at as early a period as possible in the next Session of Parliament?

In answer to the Questions of the hon. Members for Merthyr Tydfil and for Denbigh, I regret that it will be impossible at this period of the Session to read the two Welsh Intermediate Education Bills a second time, and then send them to a Select Committee; but recognizing the great interest taken in the subject, Her Majesty's Government will, during the Recess, give the matter their careful consideration with a view to legislation next Session.

Business of the House — Coal Mines, &c. Regulation Bill

asked the First Lord of the Treasury, Whether he can name a day when the Coal Mines Bill will be proceeded with?

I will undertake to see if the Bill can be reprinted. It is within the knowledge of the hon. Member (Mr. J. E. Ellis) that an endeavour is being made to arrive at an understanding with hon. Members who have a practical knowledge of the questions dealt with in the Coal Mines Bill as to the Amendments which they deem to be of importance. I have every hope that a practical agreement will soon be arrived at, and directly I am able to do so, I will confer with hon. Members who are interested in the measure, and arrange for its further progress.

Business of the House—Railway Rates Bill

asked the First Lord of the Treasury, What course the Government propose to take in reference to the Railway Rates Bill; and, whether, considering that a similar Bill was fully discussed and read a second time last year in this House, and that the present Bill has been sent down from the House of Lords, the Government will endeavour to obtain the Second Reading at an early date, in order that it may be sent to a Select Committee, with a view of becoming Law during the present Session?

The Government are anxious to proceed with the Bill, and if the House will accept the suggestion of the right hon. Gentleman to read the Railway Rates Bill a second time, and refer it to a Select Committee, with a view to its becoming law this Session, I shall be glad to do all in my power to afford facilities for the purpose.

doubted whether the right hon. Gentleman the First Lord had considered it would be unsatisfactory to refer so important a measure to a Select Committee in the month of July. He (Mr. Mundella) for one, would be unwilling to serve on a Committee appointed at such a time.

I have only said that if the House desires that the course suggested in the Question should be taken, I shall be glad to facilitate it. Of course, if the right hon. Gentleman, who has special knowledge of this subject, desires to delay the progress of the measure, he can oppose the course which is suggested.

(who rose amid cries of "Order!"): My only reason for rising is to disclaim any desire to delay this Bill. Therefore, I am quite in Order. I think the House knows something about the interest which I take in the measure. I desire that the House should get on with it; but I believe that the course which is proposed will prevent the due discussion of it.

Egypt — the Anglo-Turkish Convention — Russia and France

asked the First Lord of the Treasury, Whether Russia or France have remonstrated against the proposed conditions of the Convention now being promoted by Sir Henry Wolff; and, whether the Government propose to give the House an opportunity of considering the provisions of that Convention before it is finally ratified?

Neither France nor Russia has made any com- munication whatever to Her Majesty's Government with reference to the ratification of the Turkish Convention. That Convention has been ratified by the Queen; but, at the present moment, the Sultan, as stated in the other House of Parliament, a few days ago, has requested a few more days before finally ratifying it.

Subsequently,

I rise for the purpose of putting a Question, with the view of removing what appeared to be an ambiguity in the answer given by the right hon. Gentleman in regard to the Turkish Convention. The expression used by the right hon. Gentleman, I think, was that the Sultan had requested "a few more days'" delay before finally ratifying the Convention. I only wish to know, simply for the sake of preventing any misapprehension, whether the Sultan has requested a few days' delay for the further consideration of the entire subject, or has signified his intention of ratifying it; or had stated his desire that the ratification should be delayed for a few days?

Before the right hon. Gentleman answers that Question, I beg to ask, are we to understand that the Convention has been signed or concluded so far as Her Majesty's Government is concerned? I mean, is it still open for Her Majesty's Government to withdraw or resile from that Convention?

I am much obliged to the right hon. Gentleman for allowing me to correct a slight ambiguity in my answer. He is correct in saying, or suggesting, that the Sultan of Turkey has requested further time for the consideration of the question. We have received no engagement that it will be absolutely ratified, though we have every reason to believe that it will be. I believe that it is a fact that Her Majesty's Government are bound by the signature of the Convention. What I intended to convey was, that the ratifications had not been exchanged.

asked, whether the Leader of the House laid it down that this country, or any country, was bound by the terms of a Treaty until the ratifications had been exchanged.

As the hon. Member for Northampton is aware, no Treaty is binding on a country until the ratifications have been exchanged; but Her Majesty's Government are bound by the signature which has been given.

Tithe Rent-Charge Bill

In answer to Mr. H. GARDNER (Essex, Saffron Walden),

said, that it was the hope of the Government that they would be able to pass the Tithes Rent-charge Bill that Session; but he was not then able to state when it would be introduced into the House.

Celebration of the Jubilee Year of Her Majesty's Reign—Naval Review at Spithead

In answer to Mr. W. LOWTHER (Westmoreland, Appleby),

On the occasion of the naval review at Portsmouth on Saturday, July 23, 1887, the Admiralty will arrange for the accommodation of those Members who wish to attend. Tickets of admission to H.M.S. Crocodile will be placed at the disposal of the Speaker for issue to Members who wish to be present. The tickets will not be transferable. Arrangements will be made for special trains to convey Members from London into Portsmouth Dockyard, and the particular train will be indicated on the tickets. These railway tickets will be procurable some days before the 23rd, such tickets being available for the return journey on Saturday, Sunday, or Monday. It would assist the Admiralty in the arrangements they are now making were Members to apply at once to the Speaker, so that the Admiralty may be informed of the total number of tickets required.

Criminal Law Amendment (Ireland) Bill

asked, Whether the Government were prepared, in accordance with their promise, to state the result of their consideration as to the necessity of an Amendment providing that the 14 days for the consideration of a proclamation should in- clude a certain number of effective Parliamentary days?

, in reply, said, that he did not know that any such engagement had been entered into by the Government.

said, that the Attorney General for England had distinctly said that he would consider the question.

I beg to ask the First Lord of the Treasury, whether he does not think it would be more convenient for the House, if the Chief Secretary to the Lord Lieutenant of Ireland was present?

Subsequently,

asked the Attorney General for England, if he could throw any light upon the question of the 14 days?

, in reply, said, he could not then deal with the question. It would have to be dealt with when the clause in question was before the House.

Criminal Law Amendment (Ireland) Bill and the Irish Land Law Bill

asked, Whether the Irish Land Law Bill, which would come down next week from the other House, would be read a second time before the passing of the Criminal Law Amendment (Ireland) Bill, or whether the Government intended to force through the latter Bill before making any progress with the former Bill.

, in reply, said, he did not think it would be possible to read the Irish Land Bill a second time before the House was asked to read the Criminal Law Amendment Bill a third time.

asked the Leader of the House, whether he did not intend to answer the question of his hon. Friend the Member for Preston (Mr. Hanbury)?

It is obvious that it was a question which was asked under the heat of the moment, and I am not called upon to answer it.

Then I beg to give Notice that on the Estimates I shall call attention to what I consider a novel Parliamentary practice of questions relating to Ireland being answered by the Parliamentary Under Secretary instead of the Chief Secretary.

asked the Leader of the House, with reference to his reply to the hon. Member for West Belfast (Mr. Sexton), when he said that the House should have the Irish Land Law Bill before it, before it was asked to read the Criminal Law Amendment (Ireland) Bill a third time, whether what he meant was that the Bill should be on the Table of the House, or whether he meant, as they all supposed, that the House should first have some opportunity for its consideration.

I have uniformly said that the House should be in possession of the Irish Land Law Bill before we parted with the Criminal Law Amendment (Ireland) Bill, and I will redeem that promise by taking care that the Bill shall be read a first time and printed, and in the hands of Members before we ask the House to read the Crimes Bill a third time.

May I ask whether the Bill does not read itself a first time on coming down to the House?

[No reply.]

Postal Arrangements in the Northern Pacific — Alternative Mail Service viâ Vancouver

asked Mr. Chancellor of the Exchequer, Whether he has received any telegram from the Chamber of Commerce of Hong Kong, or from the Chamber of Commerce of Shanghai, advocating an alternative mail service viâ Vancouver; and, if so, whether he can state to the House the contents of such telegram?

asked, whether the right hon. Gentleman had received any telegrams to the same effect from other Chambers of Commerce?

There has been a somewhat remarkable simultaneous flow of telegrams from various parts of the world. The Chairman of the Chamber of Commerce of Hong Kong has telegraphed to me as follows:—

"On supposition that the speed of mails will be greatly accelerated and on political grounds, this chamber now approves fortnightly service viâ Canada, providing there is no increase in this colony's contribution to the Postal Union."

I have also received, indirectly, a telegram from the Shanghai Chamber of Commerce, warmly advocating this alternative route, and also a telegram to the same effect from the Chamber of Commerce at Foochow. Similar telegrams have been received from several Chambers of Commerce in the United Kingdom.

Motions

Parliament—The New Rules of Procedure (1882) — Rule 2 (Adjournment of the House)

Egypt—The Anglo-Turkish Convention—Ratification

Motion for Adjournment

rose in his place, and asked leave to move the Adjournment of the House for the purpose of discussing a definite matter of urgent public importance—namely, the expediency of the Egyptian Convention being considered by this House before its final ratification. The hon. Baronet said, with reference to a Notice which he had put into the Speaker's hand, intimating that he intended to move the adjournment of the House in order to discuss the Egyptian Convention before it was ratified, he begged to state that the answer made by the right hon. Gentleman the Leader of the House (Mr. W. H. Smith) on that subject had altered the situation. The right hon. Gentleman declared that as, far as this country was concerned—[ Cries of "No, no!" and interruption. ] What he wished to state was that, as he understood, the right hon. Gentleman said that the affair was settled so far as this country was concerned—[ Cries of "No, no!"] Then, in order to make the matter clear, he would conclude by asking a Question—Was it possible that any alteration could be made in this Convention subsequently to this date by Her Majesty's Government?

No, Sir; it is not possible that any change can be made in the terms of the Convention by Her Majesty's Government at the present moment.

An hon. MEMBER: Why?

Does the right hon. Gentleman lay down the proposition that when a Treaty has been signed by Her Majesty and has not been accepted by the other Powers, it is not within the power of Her Majesty's Government, before its acceptance, to withdraw from it?

Of course, that is a Question which should not, under ordinary circumstances, be put without Notice; but, if I may speak for my right hon. Friend, I am sure he has not laid down the proposition that Her Majesty could not withdraw from a Treaty prior to its acceptance by other Powers.

asked, whether Her Majesty's Government would be bound by the Convention if the other parties did not ratify it within some limited time?

It is obvious that unless the other parties to the Convention ratifies it, the ratification of Her Majesty falls to the ground.

said, he thought that after what had just passed he was justified in moving the adjournment of the House for the purpose of discussing, as a definite matter of urgent public importance, the expediency of the Egyptian Convention being considered by this House before its final ratification.

The pleasure of the House not having been signified, Mr. Speaker called on those Members who supported the Motion to rise in their places, and not less than 40 Members having accordingly risen:—

said, he submitted that he was right in proposing that the House should seize on this Convention before it was finally settled by the Representatives of the Government. He thought the House had not been properly treated in this matter. There was no doubt that this Egyptian Question, whatever divergent views they might take of it, was a very important one, having far-reaching consequences both to the welfare of the Egyptians and the people of this country. They had been told that they had gone to Egypt simply and solely for the purpose of restoring law and order, and that when that mission was accomplished they should withdraw from that country. Now, however, they were told that Sir Henry Drummond Wolff was making a Convention, bearing on important points in connection with their relations towards Egypt. His point was, that either the law and order which they went to Egypt to restore had been restored or it had not been. If law and order had not been restored, and they were leaving Egypt without restoring it, that was a great change in their Egyptian policy, which ought to be laid before the House. But they knew nothing whatever about it. The House was kept in perfect darkness on what at the present day was, perhaps, the most important point of all their foreign policy. Some people told him that the whole Convention was nothing more than a sham. If that was the case, he did not see why the Government should hesitate to lay it before the House, and he should think it would be very popular—a sham. Other people said it was a new departure altogether in our policy. The only departure he saw about it was the departure of Sir Henry Drummond Wolff from Constantinople, which, no doubt, would be a very great grief to the noble Lord the Member for South Paddington (Lord Randolph Churchill), but which would mean a saving of £5,000 a-year to the British taxpayer. Other people, again, said it was likely to lead this country into all sorts of difficulties and complications with France and Russia. When they came to the House and asked for information the right hon. Gentleman the Under Secretary of State for Foreign Affairs (Sir James Fergusson) told them absolutely nothing. He did not believe in all these secret negotiations. There was an old proverb applying in private, and especially in public affairs, that where there was mystery there was mischief, and where a Government dared not tell this House what they were doing you might be pretty sure they were doing something wrong. If the most important matters of foreign policy were to be utterly ignored and kept from them, he did not see the use of an Under Secretary for Foreign Affairs or of the House of Commons. He therefore appealed for information. Did not the Government think that he and his hon. Friends had a right to make this appeal? Had the House of Commons not seen these things done before? Hon. Gentlemen who were Members of the Parliament of 1882 could remember all that went on before we undertook operations in Egypt—how a few Radicals kept putting Questions day after day to the Government because they suspected mischief; how they received evasive answers to their Questions, and sometimes no answers at all. Then when the war cloud burst, all the sin, the shame, the sorrow, and the suffering which were endured for those five years were in consequence of this policy of secrecy being adopted, and the House of Commons not being consulted in the matter. Had the House of Commons been consulted £35,000,000 of our money might have been saved and thousands of lives spared, the bad state of feeling which existed between us and foreign Powers prevented, but which now existed owing to this policy having placed us in a contemptible position in the face of the world. He desired, therefore, to make this protest, and, if possible, to get this matter discussed before it was finally settled. He would continue to protest against our being dragged blindfold again into all the horrors which had been endured owing to a secret policy having been followed.

Motion made, and Question proposed, "That this House do now adjourn."—( Sir Wilfrid Lawson. )

I am sure the hon. Baronet will not expect me to enter into a discussion on the question he has raised while the negotiations respecting it are still going on.

Well, I have a duty to perform to the House and to the country; and I consider that I should be wanting in that duty if I broke through the rule which has been observed by all Governments up to the present time—and that is to refrain from discussing a Treaty while in process of negotiation and while proceedings are going on. The whole responsibility of the conduct of these negotiations rests with Her Majesty's Government. They will be prepared to produce Papers in justification of the course they have pursued, or as soon as they have by Constitutional usage had an opportunity to do so. But when the hon. Baronet asks that the Government shall come to this House step by step and acquaint this House with the progress of the negotiations which they believe they have undertaken in the interests of the country—not to bring about a state of war and mischief such as the hon. Baronet has thought fit to imply, but to secure peace and good order in Egypt and in Europe—then I say we are not prepared to follow the hon. Baronet in the course which he undertakes. We are not prepared to imperil negotiations which we believe necessary to the interests of the State, and to give any explanation as to the steps we have taken until the time arrives when our mouths shall be open and we have had an opportunity of doing so in the ordinary course. I repeat that hon. Members may be assured that not a single moment will be lost by the Government in presenting Papers to the House and in giving an explanation of the policy of the Government as soon as they are at liberty to do so.

said, the right hon. Gentleman the First Lord of the Treasury (Mr. W. H. Smith) had misunderstood the wish and the re- quest of his hon. Friend the Member for Cockermouth (Sir Wilfrid Lawson). The hon. Baronet did not ask that the House of Commons should be consulted pending negotiations, nor that the Government should come step by step while negotiations proceeded in order to obtain the opinion of the House. What his hon. Friend asked was that before the final ratifications of a Convention of which the House knew nothing were concluded, an opportunity should be given to Parliament to consider and discuss it. The distinction, he thought, was very marked. No one could suppose that a delicate matter of Foreign negotiation could be properly conducted if every phase of it in dispute were to be made the subject of acute controversy in the House. But they considered at the same time that the Constitutional rule ought to prevail—that the House of Commons should have an opportunity of discussing and considering a Treaty of this importance before its final ratification and before the House was left nothing to do in regard to it, except to vote the money in support of it. He thought this was peculiarly necessary in the case of Egypt, because that country during the last 10 years had been made the subject of secret Treaties, notably the Treaty relating to Cyprus. During the last 10 years we had been getting into controversy with other Powers chiefly owing to those secret arrangements which had been made, and before the House of Commons had had an opportunity of objecting to them. He did not assert that it was outside the Constitutional rights of a Government to make a Treaty behind the back of the House of Commons, but he did assert that the Rule ought at all events to be enlarged in favour of extending the jurisdiction of the House of Commons, having in view the experience of the last 10 years. The right hon. Gentleman the First Lord of the Treasury, in answering a Question that afternoon, said the Governments of Russia and France had not addressed remonstrances to the Government regarding this Convention. He did not wish to encumber the Government, but should not the Convention be discussed, considering that there was strong ground for the belief that there was a strong feeling in either France or Russia against the Convention? To his mind this afforded an additional reason why the House should have an opportunity of considering this Convention before it was too late. He was sure the Government would find that there was no desire to make any carping criticisms upon it, and if it was intended to facilitate and hasten the evacuation of Egypt by our troops, he believed it would receive hearty support.

I think, if I may interpose in this discussion that the right hon. Gentleman the First Lord of the Treasury (Mr. W. H. Smith) stated a little broadly the proposition that on no occasion has a Treaty been submitted to this House before ratification. As far as my recollection goes there are occasions on which a Treaty has been submitted to the House before ratification, but, unquestionably, if that has been done it has been rather by way of assuming than by way of avoiding any special responsibility on the part of the Government, because the general and established rule is obviously as it has been stated by the right hon. Gentleman. I am not prepared to say that any Treaty as far as I remember has been submitted to the House before ratification, where it was a Treaty of what may be called high diplomacy, but cases of a character distinct from that. My hon. Friend has moved the adjournment of the House for the purpose of considering the expediency of an investigation of the Egyptian Convention before ratification—that is to say, the expediency either of altering our general and established rule or of making an exception to that established rule. I think my hon. Friend rather left it to be inferred that he was objecting to the general rule as such, and that he was merely asking for an exception in this particular case. Although I hope this discussion may not be protracted, and that my hon. Friend may be disposed to withdraw the Motion, I am bound to make this admission—that the whole circumstances connected with our position in Egypt have been of a character on the one side so indefinite and perplexing, and on the other side so provoking to the public and the House of Commons, on account of the want of fixed guiding lines—grounds upon which reasonable expectations as to the future can be formed—that I am not at all surprised that the natural impatience should find vent even in proceedings of this kind, which I cannot think to be ade- quate to the breadth and importance of the question which has been raised. I put it to my hon. Friend, after making that allowance, that the question whether Parliament ought to interfere or should have the opportunity of interfering between the signature of treaties and their ratification is one of the highest, gravest, most difficult, involved in the whole of our Constitutional system, and that it is really impossible—I would not say difficult, but impossible — that a question so broad and so entangled as that can receive anything like adequate discussion on an occasion such as is presented—necessarily without Notice—to the House by a Motion for Adjournment. Without now raising any question as to where the fault has lain or where the misfortune has lain, it is undoubtedly true that the country has been led—and in a great degree unawares—into very costly and very painful and very embarrassing proceedings, extending over a great length of time. But I may venture to point out this, that the principle which my hon. Friend is disposed to contend for had been laid down and established—namely, that the House of Commons should have an opportunity of discussing any engagements of the Crown between the signature of a Treaty and the ratification of it—it would not, in the slightest decree, help him in the matter before us, because the embarrassments into which we have been led in the case of Egypt have not arisen out of any Treaty whatever, either on its signature or ratification. The treaties of Cyprus and Asia Minor were most important, but then they do not touch Egypt. I have myself on former occasions, many years ago, endeavoured to discuss at large this great Constitutional question, in regard to which I do not hesitate to say there is much to be urged on one side as well as the other. But the present system we certainly ought not to alter without well considering what we shall substitute for it. We depend in an extraordinary degree upon the vigour, judgment, and discretion of Her Majesty's Government, and upon the habit which I used to think had been established in this country, of having regard to the known traditions of the country, the known leanings of the country, and taking these as guides in the highly responsible and delicate proceedings which are entrusted to them by Parliament under our Constitution. But we cannot enter into that question now, and therefore the only question that can be discussed is, whether there is any special reason in the circumstances of the present moment that should induce us to urge on the Government in the case of this very important diplomatic instrument to deviate from their general practice. I do not quite feel that ground had been laid for such an application to Her Majesty's Government. As far as I have understood the declarations of the Government during the present year, they feel that which, undoubtedly, I have for long felt and even expressed in this House—namely, that it is exceedingly desirable—precautions being taken for the honour of the country—that we should be relieved from a situation which I think they are disposed to recognize as one much more of embarrassment than of advantage. Having these declarations from Her Majesty's Government—and I believe I have not misrepresented the purport of what has fallen from them—I am inclined to think that we should do well to wait for the prosecution of this important affair in the usual course. The right hon. Gentleman opposite has entered into a rather stringent engagement to lose no time in producing this instrument, which is about to be ratified, in the House, and I see that my hon. Friend stands in a position of advantage—that is to say, he will be in a position to obtain a very early opportunity of calling the Government to account in case he should see cause to do so. Taking into view the length of time which has elapsed since the House of Commons attempted any interference with the diplomatic affairs connected with Egypt, the right hon. Gentleman will no doubt feel that if there should be any serious desire on the part of the House to have a discussion on this subject, it will be his duty—urgent as is the state of Public Business—to make arrangements for that purpose. It not being possible to raise the general question, and as we have no reason to believe that Her Majesty's Government are moving in a direction opposed to the general sense and feeling of the country or Parliament, I own that I think we should do best to wait the natural and ordinary conclusion of this affair. I will only say, Sir, that as I believe this grave question of the intervention of Parliament will probably meet us again in the shape of a general discussion before any very long period elapses, I think my hon. Friend will, on the whole, exercise the wisest discretion if at the present moment be will ask the leave of the House to withdraw his Motion.

said, he thoroughly dissented from a great deal of what had fallen from the right hon. Gentleman the Leader of the House (Mr. W. H. Smith), and which had been, in the main, supported by the right hon. Gentleman the Member for Mid Lothian (Mr. W. E. Gladstone), as to the right of the House to discuss Treaties involving peace or war. He had no intention of detaining the House at any great length on the Egyptian Convention raised by the Motion under discussion, as he had put a Notice on the Paper that would enable him on the Estimates to raise it in another way. In his view, it was much too late for Parliament to discuss a Treaty after it had been concluded, for then criticism was useless except for Party recrimination. He should, at the right time, bring forward a Motion with a view of raising the question whether Parliament could not and ought not to exercise a real control over the making of Treaties.

said, that there was abundant evidence that the Convention had caused irritation to our nearest neighbour, France, and that in that she was supported by Russia. The hon. Baronet the Member for Cockermouth (Sir Wilfrid Lawson) was, therefore, perfectly right in his Motion, and the House would be quite right in protesting against a Treaty which might involve the country in grave difficulties. By it, as he believed, this country was reserving to itself a right of returning into Egypt whenever it should think proper. That was entirely a new departure, and he protested against any attempt of the kind.

said, that before his hon. Friend the Member for Cockermouth (Sir Wilfrid Lawson) withdrew his Motion, he wished to say, along with many other Members of the House who desired to avoid foreign entanglements, that they had found themselves in an embarrassing position, by the refusal of the Government to allow the House to take into consideration any Treaties until after the stage of ratification. He thanked the hon. Baronet for the step he had taken in claiming on behalf of the House of Commons an innovation of the old Constitutional Rule of Practice, and securing for the House of Commons an opportunity of considering important Treaties before they were ratified. At present it seemed that until that time the House of Commons could take no effective steps, either for the withdrawal or modification of dangerous proposals. It appeared to him, after some experience of the House, that the silence of the House of Commons up to the point when Treaties had been ratified, gave to the Government a great advantage, because the House of Commons, in discussing a treaty after its ratification, was in a position of the greatest possible difficulty. All that was left to the House of Commons was to listen to what the Government said, or to take the very awkward alternative of pronouncing condemnation of a policy which was being carried out. If before a Treaty had been ratified the House of Commons was taken into the confidence of the Government, comparatively little harm would be done; and he thought such a practice would be a wise innovation. He, therefore, again thanked his hon. Friend for the responsible and important step he had taken in order that they might secure to themselves an opportunity of considering Treaties before the first stage of ratification was reached. The right hon. Gentleman the Member for Mid Lothian (Mr. W. E. Gladstone) had fairly admitted that there was something to be said on both sides of this great contention; but they all knew the position in which the House had been placed frequently, and at present they were under obligations in more than 20 instances to guarantee and secure the independence of various States; and when this Convention came to be laid upon the Table, this country, he believed, would be involved in still further complications. The Convention would simply be an instrument by which they might temporarily escape from the embarrassment of the moment, but which committed them to undertakings as embarrassing for the future. He thought that there had been a want of candour on the part of the Government. He believed that strong remon- strances had been made on the part of Russia or France, or perhaps of both; and it would surely, in these circumstances, be desirable that the House should be in the possession of specific information as to the policy which the Government were carrying out. He hoped that what had taken place would be a warning to any Government in the future not to keep the House of Commons in the dark with regard to these important matters.

said, he had no doubt the Government were anxious to be relieved from an embarrassing situation in Egypt; but if what they heard was true, they were seeking to escape from a temporary trouble by accepting what might prove to be a permanent trouble for the future. We had received from Europe no mission to remain in Egypt, but in this Convention it was stipulated that England should have permanent relations with that country, and not only permanent, but exceptional—that she should have the right to interfere at any time to maintain order. That simply meant that we should be obliged to interfere. The right hon. Gentleman the Member for Mid Lothian (Mr. W. E. Gladstone) had said that he hoped there would be a discussion after the Treaty was laid on the Table. But what would be the good of a discussion then? The thing would be done and the Treaty ratified. The House would then be obliged to accept the obligations which the Government had imposed on the country. The Treaty, however, was not completed until ratification took place, and neither country would be pledged until the ratifications were exchanged. Newspaper correspondents knew officially or unofficially what had taken place, and why not the House of Commons? In his opinion, it would be most desirable that, after a Treaty was signed by the Plenipotentiaries and sent home for ratification, at least it should be laid on the Table of the House of Commons before the final and absolute ratification took place, so that there should be an opportunity afforded for the full discussion of the merits of the Treaty.

said, he desired to place on record his adhesion to the protest which had been made against the ratification of a Treaty which might lead to war without the previous assent of the House of Commons. The principle at stake was whether the Prerogative of the Crown in regard to Treaty-making should be predominant, or whether the control of the public purse by the Representatives of the people should have the upper hand; and every time a Treaty was ratified without the assent of Parliament it was an assertion of the Prerogatives of the Crown, as predominant over the rights of the Commons.

said, that from what he had heard about the Convention it had his hearty support. He wished, however, the Government would consider whether some liberty could not be allowed to Arabi Pasha and his four companions who had been imprisoned in Ceylon for five years, and whether Zebehr Pasha, another prisoner of ours, could not be set at liberty. [ Cries of "Order!"]

The hon. Member is not discussing the matter of urgent public importance on which the adjournment has been moved.

said, he was much obliged to the right hon. Gentleman the Leader of the Opposition (Mr. W. E. Gladstone) for the speech which he had made. With a great many of the sentiments expressed in that speech he (Sir Wilfrid Lawson) cordially agreed, but he was sorry he could not accept his right hon. Friend's advice to withdraw the Motion. He raised no opposition to the Convention because, as he had said before, he did not understand it; but this was a matter of principle, and he thought the House of Commons ought to be able to consider the affairs of the nation. On that ground he should press his Motion to a Division.

Question put.

The House divided: —Ayes 115; Noes 276: Majority 161.—(Div. List, No. 275.)

Business of the House (Procedure on the Criminal Law Amendment (Ireland) Bill)

Resolution

Motion made, and Question proposed,

"That, at Seven o'clock p.m. on Monday the 4th day of July, if the proceedings on the Con- sideration of the Report of the Criminal Law Amendment (Ireland) Bill be not previously concluded, the Speaker shall put forthwith the Question or Questions on any Amendment or Motion already proposed from the Chair:

"Thereafter, such Amendments only may be moved as, being otherwise in order, were printed in the Order Book when public notice of this Order was given, and the Question on such remaining Amendments, if moved, shall be put forthwith:

"Mr. Speaker may, at his discretion, take the Vote of the House, after the lapse of two miuutes as indicated by the sand-glass, by calling upon the Members who support, and who challenge his decision, successively to rise in their places; and he shall thereupon, as he thinks fit, either declare the determination of the House, or name Tellers for a Division:

"From and after the passing of this Order, no Motion of Adjournment shall be allowed unless moved by one of the Members in charge of the Bill, and the Question on such Motion shall be put forthwith."—( Mr. William Henry Smith. )

could not congratulate the right hon. Gentleman the First Lord of the Treasury (Mr. W. H. Smith) or the Government on the progress they were making in the new methods of conducting the Business of the House. It was a most extraordinary course to make such a Motion without a single word of explanation or comment. It now appeared that the Government had advanced so far in the new invention of clôture that a Minister did not think it worth while even to open his mouth when making a proposal which was entirely unprecedented. If the Government considered the time of the House so valuable, and that there was the greatest urgency to raising this Bill immediately into law in order to preserve peace in Ireland, why did they not at the commencement of the whole proceedings pass the Rule declaring that as soon as this Bill was introduced it should become law? That course would have saved some weeks' time, and would be just as Constitutional as the present course. On the last occasion when this course was proposed by the Government the same measure was dealt out to all Amendments. But now a new principle was introduced, and a selection was made as to the Amendments which could and could not be put. Proposals of the usual dishonest character between the Chief Secretary for Ireland—

Then he will at once withdraw that. It was an un-Parliamentary expression which the hon. Member should not have used.

said, he would withdraw the expression. What he alluded to was that the right hon. Gentleman the Chief Secretary accepted an Amendment to the 6th clause of the Act which was proposed by the hon. and learned Member for Inverness (Mr. Finlay). That Amendment undoubtedly was an important Amendment so far as it went. But what did the right hon. Gentleman the Chief Secretary do? Having accepted the Amendment, and thereby conveyed to the country the impression that the odious character of the clauses was modified by the intercession of a Liberal Unionist, he thereupon put on the Notice Paper an Amendment which was calculated to entirely remove the effect of the Amendment of the hon. and learned Member. While they were engaged in discussing the 6th clause the knife of the guillotine cut at not only the Amendments of the Irish Members, but the Amendment of the right hon. Gentleman the Chief Secretary. But the right hon. Gentleman, of course, had no intention of giving up his Amendment, and so in the framing of this Rule it was deliberately proposed that a certain set of Amendments should be allowed to be put, and another set not allowed to be put. That was a monstrous and unfair proposal. He was entitled to say that this Motion was deliberately sprung upon the House with the object of preventing him from putting the Amendment upon the Paper. He had drawn up with the intention of placing on the Paper certain Amendments and clauses bearing upon Clause 8; but the unfairness of the right hon. Gentleman provided that Amendments placed on the Paper after the Motion was read and not passed could not be discussed or even divided upon. Hon. Members who were in the secrets of the Government knew that this Motion was coming, and could put down their Amendments in time. This was a most unfair way to treat private Members. What was the effect with regard to the 8th clause? The 7th clause re-enacted or sought to re-enact a most important and most offensive Act of Parliament, and they had this fact undeniable that the 8th clause, which re-enacted a whole Statute of a most offensive character, was not allowed to be discussed in Committee, and would not be allowed to be discussed on Report. What was the law which the 8th clause of this Bill proposed to re-enact without discussion whatever? It was the Peace Preservation Act of 1881, an Act extending to no less than eight clauses, and containing, in his mind, the most unpleasant and offensive provision. In the first place, there was a provision in that Act enabling constables to arrest men on suspicion of having arms, and without a warrant. In the second place, Courts of Summary Jurisdiction had power to condemn men to three months' imprisonment with hard labour for having been possessed without licence of any arms or part of any arms—the lock of an old pistol or the stock of a gun. That was a provision he intended to propose a clause to amend. There were a number of other most offensive provisions in that Act, all of which they certainly ought to be entitled to discuss within reasonable limits. But that was not all, because there was an important question which he proposed to raise upon the 8th clause re-enacting the Arms Act in Ireland—namely, the administration of that Act in Ireland. The principle which they sought to lay down last Session was that the Act had been administered systematically in Ireland with the grossest unfairness and want of faith. Whereas in the North of Ireland no one was punished under that Act, in the South and West of Ireland it was continually used with oppression. To this day, although the town of Belfast and the surrounding districts were proclaimed under that Act, every man could swagger about with a revolver in his pocket. The same was the case in the other districts of the North; but in the South and West of Ireland not only was the law enforced, but it was used with deliberate oppression. In spite of the protests which they endeavoured to make in that House, the Arms Act had been and was administered with the grossest partiality, and made the means of disarmiug the Catholic and Nationalist population of Ireland, while every rowdy who called himself an Orangeman was allowed to carry arms and defy the law. The discussion of this important question would be prevented by the course proposed by the Government. He regarded the whole of these proceedings for the future in connection with this Bill as a pure and unadulterated farce. He believed that the Government would in the end discover that they were a great deal, and the House was a great deal, more the losers in this matter than they were. The Party to whom he belonged were bound and compelled by the wishes of their constituencies behind them to continue this struggle, disgusting and farcical as it had become. The Government would listen to no argument, and were determined not to amend their Bill. Why, then, did they not have the courage of men, and get up and move that the Bill be declared law at once, and sent up to the other House? Why did they not do that? He should not have been sorry if they had followed the old policy, and passed their Coercion Bill in a single night. It would save them the trouble of talking for the next two nights with the knowledge that they would gain nothing. It would save them a great deal of labour, and save this country a spectacle of which, sooner or later, they would come to understand the meaning. A great many understood perfectly well the meaning of it now. Whether it took a month or two months or a single night to pass this Bill through its remaining stages, the effect of it in Ireland would be precisely the same. Many hon. Members thought now that they had done a tremendous work. They would feel like schoolboys out for a holiday, and as if the whole Session were over when the guillotine fell on Monday next; but he could assure them that their troubles were only beginning when this Bill left the House. They in Ireland would resist the administration of this Bill by every means in their power. He would tell the House that so long as they gave the Irish people representation, there so long would the Irish Coercion Bill turn up night after night to torment and torture them. It would be a torture to the Chief Secretary for Ireland who undertook to administer it. No matter what device of clôture they adopted, there it would persecute and torment them until they abandoned such a policy.

said, the right hon. Gentleman the Leader of the House was trying to benefit them by example rather than by precept. He was endeavouring to close their mouths by closing his own. He was adopting tactics contrary to those adopted by every other Leader of the House. The right hon. Gentleman reminded him of Alexander the Great—he did not mean in everything. Alexander insisted upon undoing a knot by cutting it with his sword, and the right hon. Gentleman always had recourse to equally summary procedure; he declined to discuss any subject, and insisted upon enforcing his will by the brutal force of the majority at his back. The right hon. Gentleman the Member for Mid Lothian (Mr. W. E. Gladstone), then Prime Minister, brought in in 1883 certain Rules of Procedure. They were sufficient for the right honourable Gentleman's purpose; but when the Conservative Government came in they found they were not drastic enough. The Conservative Government announced almost at the commencement of the present Session that they intended to bring in a Coercion Bill by a new and more drastic Rule of Procedure deliberately brought in to prevent discussion upon this very Coercion Bill. It might have been supposed that the Government would have adopted the course taken on a former occasion by the right hon. Member for Mid Lothian, and have declared urgency for their Bill. Doubtless the reason they had not adopted that course was that they could not get a two-thirds majority, and feared to cut a rod that might be used to whip their own back. It was alleged that time had been wasted upon the Bill, but that he absolutely denied. If the special object of the Bill and the exceptional character of its provisions were taken into consideration, the time that had been spent upon it certainly could not be deemed too long. In the first place, the measure would change the whole system of jurisprudence in the Sister Island. He remembered the discussions of the Grand Committee upon a Judicature Act Amendment Bill some three or four years ago. Far more time than had been devoted to this Bill was occupied by that Committee in discussing two or three clauses of the measure referred to them; yet nobody complained, because it was felt that before a fundamental change was made in the laws of the country, there ought to be full and adequate discussion. In the opinion of those who opposed it, the Bill before the House would suppress all legitimate political agitation in Ireland, prevent legitimate combination, and create new crimes. Then it differed from all its predecessors in its lasting character. It was not to be temporary, but perpetual. In the case, again, of the undoubtedly numerous former Coercion Bills, there had been a consensus of opinion between both the great Parties in the State; now, for the first time, not only a vast and imposing majority of the Irish Representatives was opposed to it, but also one of the great Parties in the State. On former occasions, it had been said that the state of Ireland was such that urgency was necessary. That was not even asserted on this occasion, as Ireland was admitted to be in a better state than even at the beginning of the Session. Therefore, he thought that every word and every letter of this Bill ought to be carefully weighed. His impression was that a greater amount of time had been taken up by the discussion on the Hares and Rabbits Bill than had been allowed for this Bill, although it was one which endeavoured to sweep away liberties which it had required ages to establish. There was no precedent for this in English history. The only precedent he could remember was a certain occasion in Denmark, when the Danes voted away their own, instead of other people's, liberties. In Committee the old principle was that a Bill should be discussed clause by clause and line by line, whereas some of the clauses in this Bill had not been discussed at all, and by the new system which was proposed they were not even to be allowed to let their constituents and the country know that they protested against clauses which they had not discussed. If they looked at the first and second clauses of the Bill they would see that they had been cut to ribands and entirely re-modelled—a proof that the Bill had been thoroughly badly drawn up. Then the right hon. Gentleman the Chief Secretary for Ireland himself had so thoroughly bad an opinion of his own Bill that he had put down 30 Amendments to it, and yet the right hon. Gentleman told them that they were to have no discussion on the very Amendments put down by himself. Perhaps they might be told that this was the fault of the opponents of the Bill in discussing Amendments which were not important. But who was to be the judge of whether an Amendment was important or unimportant? They were not servile slaves like those who sat on the Government side of the House or the Liberal Unionists. They were independent persons, each of whom acted as his conscience dictated, and when conscience dictated to a Member on that side the desirability of putting down an Amendment, he put it down without going and consulting the Whips. Ministers complained of waste of time and idle talk on that side of the House; but on the previous day, at 20 minutes to 6, when the House was reading to divide upon an Amendment, the Attorney General had been put up to talk against time—to prevent the Division from being taken. And why? Because hon. and right hon. Gentleman, although they were anxious to coerce Ireland, were not willing to give up their amusements, and they were away at some garden party that was being held. No doubt the Tory Members found it very dull work hanging about the precincts of the House—they did not listen to the debates. No doubt the Tory Whips, amiable and able as they were, found great difficulty in keeping 200 or 250 Members in the House, and that was one reason why this matter was to be forced on. The other reason for so doing was somewhat of a tactical one. Hon. Gentlemen opposite were anxious to persuade the country that there was something like obstruction on that side of the House, and they were told "You are destroying all Parliamentary tradition." But, he would ask who was destroying Parliamentary tradition at present by these new Rules? They, on the other side, were adopting a new scheme for preventing and crushing out opposition. They were a very heterogeneous body of men, and it was very desirable to keep them together. They knew that the country in the main was strongly against coercion. And so they barely discussed any matters connected with the Coercion Bill; but through their organs they denounced the Opposition as a species of criminals for daring to oppose it, and they would lead the country to suppose that the Opposition were opposed to every species of legislation. They were continually hearing from the First Lord of the Treasury that in view of the state of Public Business—he really must object to this, that, and the other. He wanted to know what were those wonderful public Bills that were in the mind of the right hon. Gentleman. The real suppressors of Parliamentary government were the Government themselves, and they did it designedly. Looking to their system, the mode in which they had conducted the Business of the House this Session, he was reminded of the saying of Dr. Johnson—"It is not in nature that there can be such stupidity." They had at the head of the Government an eminent nobleman who never was in this House. ["Oh, oh!" and laughter. ] He was only going to say an eminent nobleman who never was in this House since he was a Member of the Government. He thought he was right in that. At any rate, if he was in the House, he did not profit by it, and he looked down in a high and lordly way on the House of Commons, as if it were an Assembly which ought not to interfere with the Executive, and that the Executive should be, as far as possible, masters. The Times said the other day—and they might take The Times as the official organ of the Ministry—that it would be undesirable to have an Autumn Session, because the administration of this Bill ought not to be subjected to the control of Parliament. And this abridgment of debate was part and parcel of the scheme to do away, as far as possible, with any legitimate control that the House of Commons had over Public Business and over the Ministry. The Government would have a heavy reckoning for their conduct. They looked only to the success of the moment. They were forcibly-feeble people, and forcibly-feeble people always fell into these gross exaggerations. Lord Coke probably anticipated a moment when the destinies of the country would be in the hands of men who now sat upon the Treasury Bench, and in the strong, rude manner of his time, in alluding to the evils of hasty legislation, he called it the "damned and damnable legislation of Hell." In more moderate and Parliamentary terms, he ventured to register a protest against the action of the present Government, who wanted to give the country a false impression of their strength.

also desired strongly to protest against this drastic proposal—against the unusual and unprecedented course adopted by the First Lord of the Treasury in not saying a single word in defence of it. He had carefully watched the debates in Report, and he asserted that—with, perhaps, a single exception—there had not been a single Amendment proposed upon Report which had not a direct relation to the provisions of the Bill. Why did the Government not propose a Motion declaring this Bill urgent? He believed the reason was because the only ground of urgency for the Bill was one which they could not and dared not avow. Crime was steadily falling in Ireland; but notwithstanding this the Chief Secretary had, no doubt, received from his myrmidons in Dublin Castle an urgent missive declaring "What thou doest, do quickly."

said, he protested, on behalf of his constituents, against the action of the Government, which was most tyrannical, in stifling debate on a number of Amendments which had a vital bearing on clauses in the Bill that had not been discussed at a proper length during the Committee stage. He regarded the Bill as a wanton outrage on the liberties of the Irish people; and, so far as the Irish Party were concerned, the Government might rush the Bill through in one night if they liked. No doubt, this Bill would become law; but nevertheless they would advise their people to meet the Bill with defiance at every point, to fight it Constitutionally to the last ditch, and do all in their power to make it as inoperative as possible. He trusted the people of England would appreciate in the proper way the action of the Government; and he trusted the day would soon arrive when the people would have the means of showing how much they detested the tyrannical action of the Government in rushing the Bill through the House with such indecent haste.

said, he was as anxious as any Member to come to a Division, but nevertheless he felt surprised and indeed shocked at the apathy with which the House had begun to treat such invasions as these on its liberties and privileges. He did not for a moment dispute that the majority ought to rule, but he thought that hon. Members on that side would bear him out in saying that if the rule of the majority was to be safe and healthy the majority must learn to exhibit considerable self-control in order that they may be saved from tyrannical government—the worst of all tyranny, the many-headed tyranny of the mob. Hon. Members on the opposite side of the House were doing all they could to bring this state of tyranny about. They were striking away all the safeguards the House had hitherto possessed against the tyranny of an unreasoning majority, and if they suffered in the future from their own conduct now they would only have themselves to blame. He did not deny that occasions might arise when it would be absolutely necessary to act swiftly with little or no debate. He could conceive that, were the country threatened with invasion, for instance, the circumstances might necessitate the passing in an hour or two measures that in ordinary times would require a month for consideration; or a sudden outbreak of pestilence might need speedy legislation, and under such circumstances surely no one could say it would be unreasonable to pass a Motion of this kind that the House might come to a vote at a definite time; but no one alleged there was any such overwhelming cause for speed. As had been already remarked, crime was dying away so rapidly in Ireland that if this Bill were delayed for a few weeks longer perhaps there would be absolutely no crime to excuse it. Probably that was one of the reasons why it was rushed forward so fast. But he maintained no cause had been shown, no crisis, no pressing difficulty, no great suffering could be alleged for this undue haste. The only thing that could be said was that landlords' rents were not everywhere paid, and some gentlemen were a little hard pressed for money. Now was that a sufficient reason for depriving the House of its privileges and the people of a neighbouring island of their liberties? He contended that never in the recent history of the country was a more frivolous argument put forward for tyrannical conduct of this kind. Besides, there was one part of the Resolution to which he took grave exception on more detailed ground. If this Resolution passed it would deprive their constituents of the means of knowing how hon. Members had voted on the remaining Amendments, of which due Notice had been given; besides that it would positively deprive Members of the House of the opportunity of voting at all. He did not know—his Parliamentary experience was short—whether the experiment had ever been tried of taking votes by calling upon Members to rise in their places. He thought it was tried on one occasion if his memory served rightly, but, at any rate, there had been no such experience of the method as would enable them to judge how it would work. They were told in the words of the Resolution—

"Mr. Speaker may at his discretion take the vote of the House by calling on the Members who support and who challenge his decision successively to rise in their place."

But when the House was full, there was a large number of Members who had no places at all from which to rise. It was well known that there was not sitting accommodation for more than 400 Members out of 670, and indeed when a special Whip was sent out for the attendance of Members, and 600 Members were present, it would be impossible for the Speaker in the exercise of the duty this Resolution would impose upon him, to call upon all the Members to rise in their places, for 200 of them would have no place whatever to rise from. Therefore a considerable section of the House would be absolutely disfranchised, deprived of the right of voting "Aye" or "No." He thought this part of the Resolution required a little more consideration, a little more defence than could be made by the sullen silence maintained on the other side. He had no wish to detain the House, but a tyrannical resolution of this kind, an order of this kind to the representatives of the people was one against which every representative of the multitude should raise his voice in protest.

said, he remembered in his childhood having been brought to visit a certain Museum in the City of London. In it was a dark chamber called the chamber of horrors, and in a dark corner in that dark chamber of horrors at Madame Tussaud's there stood images of two ruffians of a bygone time—one of them was named Burke, and the example set by the ruffian Burke was being followed by Her Majesty's Government; and he (Dr. Tanner) congratulated the Government on the example they were following. The Go- vernment had set the example in that House of burking debate. They had burked the Bill on the Committee stage, and, not being satisfied with that, they were now descending to a lower pit of degradation, and were going to burke and assassinate the Bill on the stage of Report. The object of the Government in pushing on the Crimes Bill—and he dared hon. Gentlemen opposite to deny it—was to stir up crime and outrage in Ireland.

Order, order! The hon. Gentleman is not speaking in Parliamentary language in imputing such motives to hon. Members of the House.

Of course, Sir, I do not wish to impute it in the non-Parliamentary sense.

said, he certainly would withdraw them, and would put what he intended in another way. The Coercion Bill was not required in the country, because there was no crime. In order, therefore, to make use for a Crimes Act a state of affairs must be produced in which it could be applied. In short, it was absolutely necessary that crime should exist. The Government were like the picadors at a Spanish bull fight, who did all they could to irritate an animal that would otherwise prove perfectly inoffensive; and they, in what they were doing, were in like manner trying to irritate the Irish people by pushing the Bill forward in an unconstitutional way. Their action would lead to deplorable results, one of which would be to bring about a state of horror and to sow the seeds of hatred anew between the people of Ireland and the British race, and upon their heads must rest the result.

said, he wished to place it upon record that if Her Majesty's Government had not brought forward these "urgency" Motions the discussion on the Crimes Bill would have concluded within a reasonable time. It was understood that the Land Measure would have been brought into that House before the Coercion Bill left it. But the Government had broken faith with them in that matter.

Question put.

The House divided: —Ayes 220; Noes 122: Majority 98.—(Div. List, No. 276.)

AYES.

Addison, J. E. W.

Donkin, R. S.

Agg-Gardner, J. T.

Dorington, Sir J. E.

Ainslie, W. G.

Duncombe, A.

Ambrose, W.

Dyke, right hon. Sir W. H.

Anstruther, Colonel R. H. L.

Egerton, hon. A. de T.

Ashmead-Bartlett, E.

Elliot, hon. A. R. D.

Baden-Powell, G. S.

Elliot, Sir G.

Baggallay, E.

Elton, C. I.

Baird, J. G. A.

Evelyn, W. J.

Balfour, rt. hon. A. J.

Ewart, W.

Balfour, G. W.

Ewing, Sir A. O.

Banes, Major G. E.

Feilden, Lieut.-Gen. R. J.

Barnes, A.

Barttelot, Sir W. B.

Fellowes, W. H.

Bates, Sir E.

Fergusson, right hon. Sir J.

Beach, W. W. B.

Beaumont, H. F.

Field, Admiral E.

Beckett, E. W.

Fielden, T.

Bentinck, Lord H. C.

Finch, G. H.

Bentinck, W. G. C.

Finlay, R. B.

Bethell, Commander G. R.

Fisher, W. H.

Fitzgerald, R. U. P.

Bickford-Smith, W.

Fletcher, Sir H.

Birkbeck, Sir E.

Folkestone, right hon. Viscount

Bonsor, H. C. O.

Boord, T. W.

Forwood, A. B.

Borthwick, Sir A.

Fry, L.

Bridgeman, Col. hon. F. C.

Fulton, J. F.

Gedge, S.

Bristowe, T. L.

Gibson, J. G.

Brodrick, hon. W. St. J. F.

Giles, A.

Gilliat, J. S.

Brookfield, A. M.

Goldsmid, Sir J.

Bruce, Lord H.

Goldsworthy, Major-General W. T.

Caldwell, J.

Campbell, J. A.

Gorst Sir J. E.

Campbell, R. F. F.

Goschen, rt. hn. G. J.

Charrington, S.

Gray, C. W.

Clarke, Sir E. G.

Grenall, Sir G.

Coghill, D. H.

Greene, E.

Collings, J.

Grimston, Viscount

Colomb, Capt. J. C. R.

Grove, Sir T. F.

Commerell, Adml. Sir J. E.

Gunter, Colonel R.

Hall, A. W.

Cooke, C. W. R.

Hamilton, right hon. Lord G. F.

Corbett, A. C.

Corbett, J.

Hanbury, R. W.

Corry, Sir J. P.

Hardcastle, E.

Cotton, Capt. E. T. D.

Hardcastle, F.

Cranborne, Viscount

Hartington, Marq. of

Cross, H. S.

Hastings, G. W.

Crossman, Gen. Sir W.

Havelock - Allan, Sir H. M.

Cubitt, right hon. G.

Currie, Sir D.

Heath, A. R.

Curzon, hon. G. N.

Heathcote, Capt. J. H. Edwards-

Dalrymple, C.

Davenport, H. T.

Heaton, J. H.

Dawnay, Colonel hon. L. P.

Heneage, right hon. E.

Herbert, hon. S.

De Cobain, E. S. W.

Hervey, Lord F.

De Lisle, E. J. L. M. P.

Hill, right hon. Lord A. W.

De Worms, Baron H.

Dimsdale, Baron R.

Hill, Colonel E. S.

Dixon, G.

Hill, A. S.

Hoare, S.

Pitt-Lewis, G.

Hobhouse, H.

Plunket, right hon. D. R.

Holland, rt. hon. Sir H. T.

Powell, F. S.

Holloway, G.

Price, Captain G. E.

Houldsworth, W. H.

Quilter, W. C.

Howard, J.

Raikes, rt hon. H. C.

Howard, J. M.

Rankin, J.

Howorth, H. H.

Richardson, T.

Hubbard, E.

Ridley, Sir M. W.

Hughes, Colonel E.

Ritchie, rt. hon. C. T.

Hunter, Sir W. G.

Robertson, J. P. B.

Jackson, W. L.

Robertson, W. T.

Jennings, L. J.

Rollit, Sir A. K.

Kelly, J. R.

Ross, A. H.

Kenrick, W.

Royden, T. B.

Kerans, F. H.

Russell, T. W.

Kimber, H.

Saunderson, Col. E. J.

King, H. S.

Sellar, A. C.

King-Harman, right hon. Colonel E. R.

Selwin - Ibbetson, rt. hon Sir H. J.

Knowles, L.

Seton-Karr, H.

Lafone, A.

Shaw-Stewart, M. H.

Lambert, C.

Sidebotham, J. W.

Lawrence, Sir J. J. T.

Sidebottom, W.

Lawrence, W. F.

Sinclair, W. P.

Lea, T.

Smith, rt. hon. W. H.

Leighton, S.

Stanhope, rt. hon. E.

Lethbridge, Sir R.

Swetenham, E.

Lewisham, right hon. Viscount

Sykes, C.

Tapling, T. K.

Long, W. H.

Taylor, F.

Low, M.

Temple, Sir R.

Macartney, W. G. E.

Thorburn, W.

Macdonald, right hon. J. H. A.

Tollemache, H. J.

Tomlinson, W. E. M.

Mackintosh, C. F.

Townsend, F.

Maclean, F. W.

Trotter, H. J.

Maclean, J. M.

Tyler, Sir W. H.

Maclure, J. W.

Verdin, R.

M'Calmont, Captain J.

Vernon, hon. G. R.

Marriott, right hon. W. T.

Vincent, C. E. H.

Webster, Sir R. E.

Maskelyne, M. H. N. Story-

Webster, R. G.

Weymouth, Viscount

Matthews, rt. hon. H.

White, J. B.

Maxwell, Sir H. E.

Whitley, E.

Mayne, Admiral R. C.

Whitmore, C. A.

More, R. J.

Wilson, Sir S.

Morrison, W.

Wodehouse, E. R.

Mount, W. G.

Wolmer, Viscount

Mowbray, right hon. Sir J. R.

Wood, N.

Wortley, C. B. Stuart-

Mulholland, H. L.

Yerburgh, R. A.

Muncaster, Lord

Young, C. E. B.

Murdoch, C. T.

Norris, E. S.

TELLERS.

Northcote, hon. H. S.

Douglas, A. Akers-

O'Neill, hon. R. T.

Walrond, Col. W. H.

NOES.

Abraham, W. (Glamorgan)

Bradlaugh, C.

Byrne, G. M.

Acland, A. H. D.

Cameron, C.

Allison, R. A.

Campbell, H.

Anderson, C. H.

Carew, J. L.

Austin, J.

Chance, P. A.

Balfour, Sir G.

Channing, F. A.

Barbour, W. B.

Clancy, J. J.

Barran, J.

Clark, Dr. G. B.

Blake, T.

Cobb, H. P.

Blane, A.

Coleridge, hon. B.

Bolton, J. C.

Commins, A.

Connolly, L.

Newnes, G.

Conway, M.

Nolan, Colonel J. P.

Conybeare, C. A. V.

Nolan, J.

Corbet, W. J.

O'Brien, J. F. X.

Cox, J. R.

O'Brien, P.

Craven, J.

O'Brien, P. J.

Cremer, W. R.

O'Hanlon, T.

Crossley, E.

O'Hea, P.

Dillon, J.

O'Kelly, J.

Dillwyn, L. L.

Paulton, J. M.

Dodds, J.

Pease, A. E.

Ellis, J.

Pease, H. F.

Fenwick, C.

Pickard, B.

Ferguson R. C. Munro-

Pickersgill, E. H.

Flower, C.

Picton, J. A.

Foley, P. J.

Pinkerton, J.

Foljambe, C. G. S.

Powell, W. R. H.

Fox, Dr. J. F.

Power, R.

Fry, T.

Pyne, J. D.

Gill, T. P.

Quinn, T.

Graham, R. C.

Redmond, W. H. K.

Gully, W. C.

Reynolds, W. J.

Harrington, E.

Roberts, J.

Harris, M.

Roe, T.

Hayden, L. P.

Rowlands, J.

Hayne, C. Seale-

Russell, E. R.

Healy, M.

Schwann, C. E.

Holden, I.

Sexton, T.

Hooper, J.

Sheehan, J. D.

Illingworth, A.

Smith, S.

Jacoby, J. A.

Stack, J.

James, C. H.

Stansfeld, right hon. J.

Jordan, J.

Stevenson, F. S.

Kenny, C. S.

Stuart, J.

Kenny, J. E.

Sullivan, D.

Kenny, M. J.

Summers, W.

Labouchere, H.

Swinburne, Sir J.

Lalor, R.

Tanner, C. K.

Lawson, Sir W.

Thomas, A.

Leahy, J.

Tuite, J.

Leake, R.

Wallace, R.

Macdonald, W. A.

Wardle, H.

Mac Neill, J. G. S.

Will, J. S.

M'Arthur, A.

Williams, A. J.

M'Arthur, W. A.

Williamson, S.

M'Cartan, M.

Woodhead, J.

M'Carthy, J.

Wright, C.

M'Donald, Dr. R.

M'Kenna, Sir J. N.

TELLERS.

M'Laren, W. S. B.

Biggar, J. G.

Molloy, B. C.

Sheil, E.

Morgan, O. V.

Orders of the Day

Criminal Law Amendment (Ireland) Bill.—[Bill 290.]

( Mr. A. J. Balfour, Mr. Secretary Matthews, Mr. Attorney General, Mr. Attorney General for Ireland. )

Consideration. [Adjourned Debate.]

[FOURTH NIGHT.]

Order read, for resuming Adjourned Debate on Question—on Consideration of the Bill as amended—[29th June], "That the Clause (Crown officials not to act as interpreters,)"—( Mr. Maurice Healy, )—be now read a second time.

Question put, and negatived.

On the Motion of Mr. A. J. BALFOUR, the following Amendments made:—Clause 1, page 2, line 4, after "witness," insert—

"And such questions and answers when transcribed shall be annexed to the deposition of the witness;"

line 6, after "person," insert "on his being returned for trial;" line 7, after "solicitor," leave out "upon being returned for trial;" line 37, after "certificate," leave out "of indemnity;" line 40, after "certificate," leave out "of indemnity;" line 41, leave out "and proceedings for the recovery of any penalty," and insert "against such witness;" line 42, after "offence," insert "not being a felony;" line 42, leave out "such person," and insert "he;" page 3, line 9, after "witness," insert "while the said charge is pending." Clause 2, page 5, line 1, after "any," insert "person who shall incite any other person to commit any of the offences hereinbefore mentioned." Clause 4, page 5, line 33, at end, add—

"If the court discharge or vary any such order for the removal of a trial, the court shall award that the reasonable costs incurred by the defendant in making the application shall be paid by the Crown."

Clause 5, page 6, line 1, after "detection," leave out "and," and insert "or." Clause 7, page 9, lines 30 and 31, leave out "which he believes to be a dangerous association," and insert—

"Named or described in such special proclamation, or any association which appears to the Lord Lieutenant to be a dangerous association, and to have been, after the date of such special proclamation, formed or first employed for any of the purposes of any association named or described in such special proclamation."

Clause 10, page 10, line 25, after "in," leave out "England or;" after "Ireland," leave out—

"Or to the Queen's Bench Division of the High Court of Justice in England, or to the Central Criminal Court;"

line 29, after "removal," leave out "or the Queen's Bench Division, or the Central Criminal Court, as the case may be;" line 32, after "county," leave out "or in the county of Middlesex, or in the Central Criminal Court District, as the case may be;" line 39, "after "removal," leave out "or in the county of Middlesex, or in the Central Criminal Court District, as the case may be;" page 11, leave out all after line 4 to end

"One resident magistrate may act alone in adjourning or postponing a court, or in doing any other thing antecedent to the hearing of a charge under this Act."

Clause 15, page 13, line 15, after "in," leave out "England or;" line 15, after Ireland," leave out—

"Or to the Queen's Bench Division of the High Court of Justice in England, or to the Central Criminal Court;"

line 27, after "in," leave out "England or;" line27, after "Ireland," leave out—

"Or to the Queen's Bench Division of the High Court of Justice in England, or the Central Criminal Court in London."

Clause 19, page 14, line 34, at end of line, add—

"The expression 'the Summary Jurisdiction Acts' means in the Dublin Metropolitan Police District the Acts regulating the powers and duties of justices of the peace and of the police in that district, and 'elsewhere in Ireland,' means 'The Petty Sessions (Ireland) Act, 1851,' and the Acts amending it;"

line 40, leave out from end of line to beginning of line 3, in page 15; page 15, line 7, leave out from end of line to beginning of line 18.

Add the following Schedule:—

"Schedule.

"Form of Summons to Witness. (Preliminary Inquiry).

The Queen

Petty Sessions District of

v.

Persons unknown.

County of

"Whereas it appears that [here set out the nature of the offence].

"This is to command you to appear as a witness before me at on the day of, at o'clock, then and there to be examined before me touching the premises.

"(Signed) A. B., Resident Magistrate."

"Dated

"To C.D., of."

Bill to be read the third time upon Tuesday next, and to be printed. [Bill 305.]

Crofters Holdings (Scotland) Bill [Lords].—[Bill 287.]

( The Lord Advocate. )

Committee

Bill considered in the Committee.

(In the Committee.)

Clause 1 (Short title and construction, 49 & 50 Vict. c. 29) agreed to.

Clause 2 (Stay of proceedings for sale of crofters' effects).

I beg to move the insertion of the words "or decrees in force," after the word "dependence," in line 10. My reason for moving this Amendment is that if these words are not inserted, and decrees have been already given, the crofter will have to pay, and there will be an end of the matter. The very reason that this Bill has been brought in is that some landlords have been mean enough to take advantage of the flaw in the Act of last year. I need not say more. The Lord Advocate understands the Amendment which deals with a purely legal matter. I trust he will see his way to accept my proposition.

Amendment proposed, in page 1, line 10, after "dependence," insert "or decrees in force."—( Dr. R. Macdonald. )

Question proposed, "That those words be there inserted."

I do not see that the Amendment is in the least degree necessary. The clause, as it stands, will effect its object by arresting the sale in the manner intended.

I hope that if the Lord Advocate is wrong, as the late Lord Advocate was, and the Court of Session decide against him, he will give us another Bill. I do not see that the insertion of these words can do any harm. The words will make the clause clear, and if they are accepted a Judge of the Court of Session will not be able to tell the right hon. and learned Gentleman as his Predecessor was told, "If you meant that you should have made it clear in the Bill." "What we want is that there should be no ambiguity, and that we should not have a clause which will cause litigation.

If the hon. Gentleman (Dr. R. Macdonald) thinks it will carry out his object, I will agree to substitute for the words "are in dependence," the words "has been taken."

Amendment, by leave, withdrawn.

Amendment proposed, in page 1, line 10, leave out "are in dependence," and insert "has been taken."—( The Lord Advocate. )

Question, "That the words proposed to be left out stand part of the Clause," put, and negatived.

Question, "That the words 'has been taken' be there inserted," put, and agreed to.

I now beg to move to insert, after the word "rent," in line 11, the words—

"Or against whom there has been granted a decree for payment of rent, and which decree is, at the passing of this Act, unimplemented."

I hope the Lord Advocate will not allow the landlords who have already taken proceedings to get the benefit of those proceedings. These words are necessary in order to prevent injustice.

Amendment proposed,

In page 1, line 11, after "rent" insert "or against whom there has been granted a decree for payment of rent, and which decree is, at the passing of this Act, unimplemented."—( Dr. R. Macdonald. )

Question proposed, "That those words he there inserted."

These words are quite unnecessary, because it must be perfectly obvious that the prohibition of sale applies only to the case in which a decree has been given.

Amendment, by leave, withdrawn.

My next Amendment is to leave out the words—

"Prohibiting the sale of the crofter's effects upon the said holding by virtue of any decree for payment of such rent."

and to insert—

"Sisting all proceedings against the crofter for the recovery of rent, or for the payment of any bills or promissory notes given by him to the landlord in lieu of rent, or if decree has been already grantad against the crofter for the payment of such rent, bill, or promissory note, given in lieu thereof, suspending such decree."

I grant the Amendment the right hon. and learned Gentleman has already acceded to so far takes away the pith of this Amendment; but what I particularly want to point out is that if the words "the sale of the crofter's effects upon the said holding" are left in the clause is ambiguous, and its object will not be effected. As I have pointed out to the right hon. and learned Gentleman before, if you leave in the words "the crofter's effects upon the said holding," and it will be found that if a crofter's horse strays off the holding the landlord can take it and sell it. If the crofter sends a cow to market the landlord can seize it and sell it directly it leaves the holding. I trust that this will meet with the approval of the Government.

Amendment proposed,

In page 1, line 12, leave out from "prohibiting" to "rent" in line 14, and insert "sisting all proceedings against the crofter for the recovery of rent, or for the payment of any bills or promissory notes given by him to the landlord in lieu of rent, or if decree has been already granted against the crofter for the payment of such rent, bill, or promissory note, given in lieu thereof, suspending such decree."—( Dr. R. Macdonald. )

Question proposed, "That the words proposed to be left out stand part of the Clause."

I am sorry I cannot accept this Amendment, which I think I can show is unnecessary. I propose to accept the Amendment of the right hon. and learned Gentleman the Member for Clackmannan (Mr. J. B. Balfour), which I think expresses the matter very clearly and fairly. Then, as regards the sale of the crofter's effects, it is quite plain to me that where a decree has been pronounced the crofter could not, by any possibility, take any stock to market. We postpone the power of sale, but we do not propose to give the crofter in the meantime power to take his effects away and sell them himself. I may point out to the hon. Member that the purpose and object of this clause is to correct a mistake made in the Crofters Act of last year, by which, if such a sale did take place, the crofter would be liable to be made bankrupt, and thereby lose the benefit of the Act. It would not be right to give the Crofter Commission the power of sisting possessed by a Court of Law.

I think my hon. Friend will withdraw his Amendment in face of the acceptance by the Government of the Amendment of the right hon. and learned Gentleman the Member for Clackmannan.

Amendment, by leave, withdrawn.

Amendment proposed, in page 1, line 17, after "to," insert "interim."—( Dr. R. Macdonald. )

Question proposed, "That the word 'interim' be there inserted.

I think the insertion of such a word would be rather misleading.

Amendment, by leave, withdrawn.

In the absence of the right hon. and learned Gentleman the Member for Clackmannan (Mr. J. B. Balfour), I beg to move the Amendment which stands in his name.

Amendment proposed,

In page 2, line 19, after "determined," insert—"This Act shall apply notwithstanding that the crofter may have granted a bond, bill, or other document of debt for the rent due by him or any part thereof, and if such rent or any part thereof in excess of the amount which the Crofters Commission shall determine ought to be paid shall be recovered from the crofter by any bonâ fide onerous assignee, indorsee, or other holder for value of such document as aforesaid, the crofter shall be entitled to repetition of such excess from the landlord or to credit in account with the landlord in respect thereof."—( Mr. C. S. Parker. )

Question "That those words be there inserted," put, and agreed to.

On the Motion of Dr. R. MACDONALD, Amendment made, in page 1, line 23, by leaving out "one," and inserting "two."

Clause 2, as amended, agreed to.

Clause 3 (As to notour bankruptcy of crofter) agreed to.

On the Motion of Mr. J. H. A. MACDONALD, the following clause was added to the Bill after Clause 2:—

(Application of section 6, sub-section 3, of principal Act.)

Section six, sub-section three, of the principal Act shall be read and construed as if the words "the first term of Whit Sunday or Martinmas next following" were inserted between the words "and" and "the" in the said subsection.—( Mr. J. H. A. Macdonald. )

I beg to propose the following new clause which stands in my name:—Page 2, after Clause 3, insert the following Clause:—

(Extension of provisions of principal Act.)

"From and after the passing of this Act the provisions of the principal Act shall apply to every crofter and cottar in Scotland to whom the provisions of the principal Act do not apply, and the powers of the Crofters Commission may be exercised upon the application of any crofter or cottar in any parish."—( Mr. Anderson. )

The Committee is possibly aware that the extent of the area to which the Crofters Act applies is limited to certain counties, and that that was done after a Commission had visited those counties for the purpose of inquiring into the state of affairs there. The real reason why it was limited to those counties was that the people had broken out into a sort rebellion, and had resorted to a certain amount of violence with the object of getting their grievances remedied. I think that it was unfortunate that that was not done also in other counties where there are crofters, because it seems to me it is impossible to get any land legislation of any value unless you agitate and resort to rioting and other forms of disturbance. It is a very bad example to set; but it has been set in Scotland. The people of the constituency I have the honour to represent have always been anxious to keep quiet; but in that constituency and in others in Scotland there are hundreds of crofters who, at the present moment, are excluded from the benefit of this Act. The hardship of this exclusion must be apparent when it is seen what the effect of the decisions of the Crofters Commision has been. It has been stated once or twice, in answers to Questions put by me relating to the extension of the Act, that the area of the operation of the Act was deliberately and seriously considered in 1886, when the Crofters Act was passed, and that therefore the Government decline to re-open the question. That is a most extraordinary answer to give, because a great many changes have taken place since 1886. There is an entirely new state of representation. A new Parliament has been elected since then; and, moreover, I invite the attention of the Committee to this important point, that since the appointment of the Crofters Commission it has been engaged in considering the rents paid by the crofters in the counties to which the Act applies. I will tell the Committee very shortly what the result of the deliberations of the Committee in regard to the rents of the crofters has been. From the commencement of the operations of the Crofters Commission up to June of the present year, the total of the late rents which the Commission took into consideration was £5,846. That they have reduced to £3,732, making a total reduction of £2,114 or 42·2 per cent. In addition to reducing the rents, and fixing fair rents, they have taken into consideration the arrears which were due at the time of the commence- ment of the operations of the Commission' on the estates on which they have been engaged, and which were £10,781. These have been reduced by ordering the tenants to pay not £10,781, but £4,509, which shows a total reduction of £6,272, or 58 per cent. Now, the Committee will see that that is an extraordinary state of affairs to bring about. It must be apparent to the Committee, and it must be apparent to the country, that if this Act was necessary in the interests of the small tenants of the counties to which this Act applies, it is just as necessary for the crofters and small holders in other parts of Scotland. I cannot understand what the difference is between the condition of the crofters in one part of Scotland and in another. Take, for instance, the crofters in the county of Elgin; there are hundreds of crofters there in exactly the same position as the crofters of Inverness-shire; they have exactly the same kind of land tenure, and many of them have built their houses themselves, and bought the land they hold under cultivation. So it is in Aberdeenshire. I believe there are more crofters there than in any other county in Scotland, and I cannot at present understand the principle upon which the extraordinary benefits which have been conferred on the crofters in other counties in regard to rent, have not been extended also to the crofters of these counties of Scotland. So much in regard to the rents. There is another question. One of the most important parts of the Crofters Act was that practically giving crofters fixity of tenure. The clause provided that if the crofter fulfilled the conditions of the Act as regards paying rent, and so on, he should practically be secure in his holding. That, of course, is a most important provision, and I will, with the permission of the Committee, give an instance which has happened within the last month in the constituency which I represent. About 70 years ago a crofter redeemed two acres of land. By great industry this crofter redeemed the two acres of land, turning it into land which grew very good crops. In addition to this he built a house, in which he lived. He was able to keep upon his two acres a cow and two or three sheep. The man lived for many years in great comfort and happiness upon the holding he had practically made himself. What happened? He had children. One of his daughters married a person named Taylor. Upon the death of the old man, the Taylors lived in the house, and would have been entitled to the benefit of the Crofters Act, had it applied to their county. About a month ago they were turned out of their holding under circumstances I will narrate. The estate has been let to a great game preserver. It has been infested by rabbits, and the Taylors, in the exercise of their undoubted rights, set traps to catch the rabbits. This conduct on their part gave annoyance to the shooting tenant, who determined, in that rough and ready fashion which has always been the characteristic of game preservers, and I am sorry to say of some landlords, to turn the tenant out of his holding which he and his predecessor had practically made of the value it is. Taylor was told he must turn out as quickly as possible. He was a yearly tenant, but he was told that if he would go out quietly he should receive a present of £10. He was prevailed upon to sign a document agreeing to leave. I asked Her Majesty's Government if they would make inquiries in the matter. They did inquire; but I was not satisfied with their answer, and, to make certain of the facts, I, in the Whitsuntide Recess, visited the place. The answer given to me was that, although the man had been turned out. another house upon the same property had been found him. The sight which met my eye was such as I never desire to see again. I found the wife of the crofter in a condition of great distress. She had the day before been turned out of her house, which was being pulled down. Instead of another house having been provided for her, I found her and her children in one room at the end of a cottage which one of the farmers on the estate had been good enough to let her have at a rent of £2. These people had been deprived of their home simply because some game preserver thought it inconvenient there should be people there who trapped the rabbits. This is what has happened in Scotland within the last month, and, so far as I can see, the Government propose to take no action in the matter. This is only an isolated case, but it sufficiently illustrates the gross injustice which is practised in crofter counties. I never before saw people turned out of their homes, and I hope I never shall again. Eviction is a common occurrence in Ireland; but one would hardly think it possible in Scotland, where all the people are supposed to be happy and contented. By this Amendment I propose to secure to the crofters who are now exempt from them the benefits of the Crofters Act—I desire to provide that people shall not be turned out of their holdings under such circumstances as I have described. I regard this Amendment as one of great importance, and I take this, the only opportunity I can obtain this Session, of bringing it forward. The Government have persistently prevented me bringing forward my Bill, and therefore it is ray intention to take the opinion of the Committee upon this Amendment.

New Clause (Extension of provisions of principal Act,)—( Mr. Anderson, )— brought up, and read the first time.

Motion made, and Question proposed, "That the said Clause be now read a second time."

In view of the statement of the hon. and learned Member (Mr. Anderson) in bringing forward this clause, it is perfectly natural and right he should be of opinion that he should avail himself of every opportunity of bringing the case of the crofters who are exempt from the benefit of the Crofters' Act before the House. No one can in the least degree complain of the tone and temper which the hon. and learned Gentleman has displayed in moving his Amendment; but I think the hon. and learned Gentleman himself will be perfectly satisfied with the opportunity of bringing forward the Amendment. This Bill, as everyone who has taken the trouble to inquire into the matter knows, is a Bill intended solely to correct a mistake which was made in the Act of last year. The Act was undoubtedly most carefully considered by the House, but it is just one of those Acts in which defects sometimes creep through too great anxiety to get what is perfectly right. The Government would not have brought in a Bill this year for any other purpose than that for the simple reason that, whether rightly or wrongly, this very Parliament, decided, after the fullest possible debate, that the area to which the Bill was to apply should be a certain area, and not another area. [An hon. MEMBER: It was the last Parliament.] It was the Parliament of 1885, elected under the Reform Act of 1885. No doubt, there has been a General Election since; but I do not think any hon. Gentleman will say there has been any great change of opinion on this point since Parliament addressed itself to the work of redressing the crofters' grievances. Parliament devoted a good deal of time to the consideration of the area over which the Act should operate. The very matters which practically come up in this clause were certainly most fully discussed. The Government of that day declined to extend the provisions of their Bill beyond the area which they fixed by the Bill, and Her Majesty's Government do not now see that it would be wise or prudent to have a new general Crofters Act. I therefore cannot accept the clause proposed by the hon. and learned Member. I trust that, as he has had an opportunity of bringing the question forward, he will think he has fulfilled his purpose.

I can quite understand what the Lord Advocate has pointed out to us—namely, the inconvenience of introducing this Amendment into this particular Bill. The Bill was brought in elsewhere for a limited purpose, and it is natural to entertain some apprehension as to what might happen if the measure were to go back containing this additional matter. But I must say I missed in the speech of the Lord Advocate any indication of any intention on the part of Her Majesty's Government to deal further with this crofter question. Now, on matters of fact, I differ somewhat both from the hon. and learned Member who moved the Amendment (Mr. Anderson) and from the right hon. and learned Gentleman the Lord Advocate. I cannot admit that it was on the ground that there was disturbance in certain counties, and that violence prevailed there, that the Crofters' Act was carried. It was carried because there were cases in certain districts which were most urgent. Not only in the way of violence and disturbance, but it was applied to certain districts, because in those districts the worst cases existed. A Royal Commission was appointed to inquire into those cases. A very painstaking inquiry was made into the details of those cases, so that Parliament was able to know exactly how things stood in the counties to which the Bill was to apply. On the other hand I cannot admit that Parliament resolved to go so far and no further. I remember what the Lord Advocate referred to—namely, that there was a discussion in the time of the late Government as to whether the Bill should be extended, and that it was not extended. But the reason then given was that before extending it there ought to be further inquiry. There was certainly a strong case in equity for extending the Bill to other parts of Scotland. The cases in some other districts, and in the districts to which the Crofters Act was applied, were so much alike that it was difficult to assign a good reason why the crofters in one part of Scotland should enjoy the advantages of the measure, and those in other parts should not. If I give an individual case it may bring the matter home to the mind of the Committee more than general argument. Take the Breadalbane estate in the counties of Perth and Argyle. Anyone crossing the border from the one county to the other would be unable, from the features of the country, to discover that he is passing from a district where the new system prevails to a district where the old system still continues. The estate in the two counties belongs to one man. It is scarcely a satisfactory state of the law to rest in that there should be a line of severance between two districts—a line between one county and another, and that on one side of that line Lord Breadalbane should be under most stringent obligations under the Crofters Act to grant fixity of tenure and other advantages to his crofters, that the Commissioners should be able to go there by-and-bye, and see that the rents are as they should be—it is a most unsatisfactory state of things that such a system should prevail on one side of the line, and directly you cross the line into the other county you should find Lord Breadalbane absolutely free, though the conditions are precisely the same. I have no doubt, as Lord Breadalbane is well known to be a very generous landlord, that he will deal with the crofters in one county as he does with those in the other; nevertheless, the fact remains that in the one county he is bound by law, and in the other he is free to do as he likes. In the absence of a good many Scotch Members, but in the presence of some who will confirm me, I may say that the general feeling of Scotch Members was to this effect, that it was difficult to say to what parts of Scotland the Crofters Act should be extended, unless they were prepared, as my hon. Friend is, to extend that measure to the whole of Scotland. The Commissioners were charged to determine which are crofting parishes; they were not to apply the Act where there are few crofters and large numbers of fishermen. But anyone who knows the large amount of reductions made by the Commissioners already—reductions almost beyond expectation—will feel that it is scarcely possible satisfactorily to explain to the crofters who do not happen to be in the counties to which the Act applies on what principle of justice Parliament can deny to them what it has given to people in the same case in other parts of the country. It seems to me quite clear, whether we do it in this Bill or not, that there is much to be said for placing the crofters in some other counties on the same footing. Without saying that I would go the whole length of this Amendment, I consider that this is an opportunity of which Scotch Members should avail themselves to press upon the Government the necessity of giving early attention to this important matter.

The Secretary for Scotland and myself along with our Colleagues are most anxiously looking on the state of affairs in Scotland, and we shall certainly consider whether there may be need for extending the Act to other parts of Scotland. We cannot at the present stage undertake to bring in a Bill for extending the Act of last year. It is extremely likely that there may be need for no such thing, and, besides that, the districts to which the Act does not apply are no worse off than other districts to which it does apply, but to which the Crofters Commission cannot direct their attention for the next two years.

I am anxious to say a word in support of this Amendment, because from the unexpected nature of this evening's pro- ceedings there are so few Scotch Members present to take part in the debate. I trust we shall go to a Division upon this point. The right hon. and learned Gentleman the Lord Advocate has told us in very diplomatic terms something about the intentions of the Government; but his terms were so diplomatic that it was impossible for us, I think, to extract even a grain of comfort from them. He did not tell us that he had any intention of extending the Crofters Act to other parts of Scotland. Of course, he told us that the matter would receive his consideration, and what I would press upon him is this—that we did not pass the Crofters Act last Session for the purpose of currying favour or doing what was considered to be an act of absolute justice. It was passed because statesmen knew that something had to be done if the condition of Scotland were to be improved. What has been done has simply been trifling with the fringe of the question. The measure has only been applied to a few counties, but where it has been applied it has proved beneficial to the crofters. What, then, can be more natural than that crofters in other counties excluded from the operations of the Act should be inclined to believe the condition of their own county worse than the condition of districts in which so much has been done for their neighbours? They might review their own position at the present moment, and look upon it as relatively worse than it has ever been, They see what has been done in counties that have come under the Crofters Act—they see what has been done, they see how arrears have been wiped off, and how it is producing an impression upon the landlords even in their own counties. In spite of what has been said, I cannot but believe that the Crofters Act produces an effect in districts beyond those to which it immediately applies. I was glad to notice that, seemingly by way of capricious gift, landlords have come forward and wiped off the arrears of their tenants. They, doubtless, have acted in that way knowing that if they did not they would be brought before the Commissioners, and, probably, have to submit ultimately to sacrifices compulsorily, which, if submitted to voluntarily and with a good grace, would place them in better relations with their tenantry. I do not imagine that if the Act were ex- tended to other counties in Scotland than to those to which it is applicable, it would involve any very large increase of expenditure. I have not the smallest doubt that when the landlords in the districts to which the Act is applied see the principles guiding the Commissioners in their adjudications, they will make terms with their tenants, and that in a great many cases the question of rents and arrears will be settled outside the Courts altogether. That state of things has occurred in a great many instances in Ireland, and it is beginning to occur in Scotland. If it takes place in the counties to which the present Act applies, I have not the smallest doubt that if the Act is extended to other places you will have an immense amount of settlement going on amongst the landlords and tenants who would not have recourse to the Courts at all. I thought it incumbent upon me to speak as strongly in support of the Amendment of my hon. Friend as it is in my power to do.

Certain Members have been returned to this House to advocate the claims of the crofter population of Scotland. That being the case, I have the greatest pleasure in supporting the clause of the hon. and learned Member (Mr. Anderson). There is no doubt, as the Lord Advocate has said, that the question of the extension of the Crofters Bill was discussed in 1886. At the same time, whatever decision was arrived at in that year, it is necessary for us, every time the opportunity offers, to raise our voices in advocacy of the principle of extending the Act to the whole of Scotland. Another very important point has been raised by my hon. and learned Friend, and that is that leaseholders should be included in the Crofters Act. That is the same thing that is being done for Ireland in the House of Lords at this moment, and there is no reason in the world why that important class should not be allowed the same privileges in Scotland. Many landlords in Scotland have put such pressure upon their tenants that the latter have signed leases contracting themselves out of the benefits of the Act.

All I would say is that we have had an understanding with the Government that this measure shall only embrace those points of the Crofters Act which, by mistake, were not put into the original measure. As this question raised by my hon. and learned Friend is outside the questions it was understood we were to deal with, if my hon. and learned Friend presses his Motion those of us who were parties to that understanding, though we may be in favour of the proposal, will require to leave the House and not vote at all. All I wish to do is to give a practical—

Order, order! When the Crofters Bill of last year was under discussion, I refused to admit an Amendment the effect of which would have been to extend the measure to the whole of Scotland. I said I could not admit such an Amendment without an express direction from the House. Well, this is simply a Bill to amend the Act of last year; and if it was outside the power to introduce this Amendment in the original measure, it is obviously inadmissible in the amending Bill without an express Resolution of the House. Further discussion, therefore, upon the proposed clause is out of Order.

In the absence of my hon. Friend the Member for East Aberdeen (Mr. Esslemont), I beg to move the insertion of the following clause:—

"In this and the principal Act crofters shall mean any person who at the passing of this Act is tenant of a holding from year to year or under lease the annual rent of which does not exceed thirty pounds in money, and which is situated in a crofter's parish, and the successors of such person in the holding being his heirs or legatees."

Before that clause is moved, I wish to say a word on the point of Order. You will notice, Sir, that my proposal consists not of one, but of two clauses, and that your ruling only applies to the first. The 2nd clause is this—

"The principal Act and this Act shall extend to all crofters and cottars holding under leases."

Your ruling does not apply to that clause.

I was under the impression that the two were one, seeing that the 2nd clause is not labelled in the margin as an independent clause.

Then I beg to move the clause. The reason for it is very obvious. I imagine it will be accepted by the Government. Although I cannot now, after your ruling, Sir, take a Division upon the subject of extending the Act to every crofter and cottar in Scotland, I can do so on the question of extending the Act to leaseholders in the districts to which the Act at present applies. The point is an important one, because there are hundreds of crofters who are leaseholders in the counties in question; and why they should not have the benefits of the Act passes my imagination to conceive, especially when we remember that the Government themselves have acknowledged the principle, and have brought in a Bill, which is now in the House of Lords, extending the land legislation of Ireland to leaseholders. There can be no reason in the world why the Act should not be extended to leaseholders; therefore, I await with some curiosity to hear what objection the right hon. and learned Gentleman the Lord Advocate can take to my proposal.

New Clause (Extension of Act to leases,)—( Mr. Anderson, ) brought up, and read the first time.

Question proposed, "That the said Clause be now read a second time."

I can give the hon. and learned Member this assurance, that the Government are in favour of the principle as they have demonstrated by its introduction into their Irish Land Bill, where they extend the benefit of the new land laws to leaseholders. But this Bill has been brought in for a particular purpose, and I trust the hon. Member will rest satisfied with having called attention to the subject. I can assure him that the Government have not lost sight of the point to which he has referred.

Might I ask the Lord Advocate whether he will consider—of course, in the absence of many Members of the Government I cannot expect him to give a pledge—before the Report stage of the Bill, whether an Amendment cannot be introduced to effect the object my hon. Friend has in view in moving this clause? I should think it quite possible he may be able to do that.

The number of persons which would be bene- fited by this clause of my hon. Friend's would be inconsiderable. There can be no doubt that the hard and fast line drawn in the Crofters Bill last year included the enormous majority of the crofters, although it may have left a small sprinkling outside who were exactly in the same position as crofters holding from year to year. Under the circumstances, however, seeing that the original Act did not include these persons, I should advise my hon. Friend to withdraw his proposal.

I am afraid I shall have to do so.

Question put.

The Committee divided: —Ayes 75; Noes 132: Majority 57.—(Div. List, No. 277.)

Bill reported; as amended, to be considered To-morrow.

Criminal Law (Scotland) Procedure (No. 2) Bill.—[Bill 196.]

( The Lord Advocate, Mr. Secretary Matthews, Mr. Solicitor General for Scotland. )

Committee

Order for Committee read.

Motion made and Question proposed, "That Mr. Speaker do now leave the Chair."

said, that this Bill was intended to simplify procedure in connection with Scottish Criminal Legal procedure; but in doing so it gave the risk of a greater danger—that of simplifying procedure to such an extent as in the hands of the Procurators Fiscal might convert the Criminal Law of Scotland into a kind of power of attorney. He must remind them that Procurators Fiscal were often also agents of landowners, and as such were interested parties in many cases in which they were called upon to act as prosecutors, such as in Game Law cases and riots in connection with evictions. The Lord Advocate's Predecessor, had, whenever he could, endeavoured to supplant these hybrid Public Prosecutors by officers who would be solely Public Prosecutors, but the Treasury had placed obstacles in the way, and the administration of justice still remained to a large extent in the hands of these gentlemen, who could hardly be called impartial. In no part of the United Kingdom were the officials administering public justice so irresponsible and so protected by privilege as in Scotland. At the beginning of the Session the Lord Advocate had told the House that it was a mistake to consider those Procurators Fiscal irresponsible, as he was their representative in the House and responsible for them; but as everyone knew the Lord Advocate must be a Member of the Government which had a majority in the House, which made him independent of censure. The fate of Scotch Members in bringing such subjects under the attention of the Government was to be put off, unless in those very rare cases in which the Lord Advocate admitted—as the hon. Member admitted the present Lord Advocate sometimes admitted—that his subordinates had made a mistake. The Amendment he had to propose was—

"That no measure dealing with Criminal Law Procedure in Scotland can be satisfactory which leaves untouched the exceptional hardships and disabilities imposed under that procedure upon prisoners previous to their committal for trial."

He thought it the natural complement of this attempt to amend criminal procedure to take steps for lightening the grievances suffered under the past procedure by innocent persons, or persons presumed to be innocent, before sufficient evidence had been produced against them to justify their committal for trial. The fact that the Procurator Fiscal read the law to be so and so, and arrested a person on a charge which he considered a crime, was a good defence against legal proceedings being taken against the Procurator Fiscal. He (Dr. Cameron) was as strongly impressed as anyone could be with the general superiority of the principles on which the Criminal Law was administered in Scotland over those in England. He believed it was the function of the State, and not private individuals, to prosecute crime; and, accordingly, he thought that the Scotch system was much better than that prevailing in England. But the Scotch system was an old one, and in connection with it they found various relics of much older and less civilized times than the present age. He would give a case of what might occur under the present administration of Scottish Law. In connection with the recent agitations in Skye a meeting was held, at which two gentlemen made speeches. One of them was a clergyman of the Established Church, and the other was a gentleman whose respectability was vouched for by the fact that he was the leader, guide, philosopher, and friend of the right hon. Gentleman the Member for West Birmingham (Mr. Joseph Chamberlain) when he recently visited Skye. Now, those two gentlemen, having made speeches at the meeting, were arrested a month after the meeting had been held, on what proved to be an incorrect report of those speeches, published in an Inverness newspaper. They were not arrested by way of summons, although it was absolutely impossible the clergyman could run away from his living. They were arrested summarily by warrant, and under the aggravating circumstances that a detachment of the Marines were sent to prevent opposition. Well, the clergyman was arrested and sent to prison, but after two or three days there he was liberated on bail. The other gentleman, John Macpherson, was sent to prison and kept there seven days, and during that time he was debarred from any intercourse with a solicitor. At the end of that time—there being no evidence against him—he was dismissed at 10 o'clock at night, and he was left to walk at that hour 35 miles to his home. He instituted an action against the Procurator Fiscal; but it was held there was no ground of action in the case. In fact, unless malice and wantonness could be proved against a Procurator Fiscal, there was no remedy against him in such cases. Now, he (Dr. Cameron) thought that one of the subjects which the right hon. and learned Lord Advocate should deal with in connection with this Bill, by way of mitigating the hardships that might be suffered by innocent men on arrest, would be the laying down of a rule as to the cases in which persons suspected of crime might be arrested by warrant and those cases in which they should be summoned. In that case, where quasi -political feeling ran high, the men were arrested by warrant at night, and under circumstances most inconvenient. He thought they ought to have been summoned, and left to obey the summons. There was a great temptation to arrest suspects in Scotland, because the warrant enabled them to be examined and to have their depositions taken, in which what the prisoner admitted against himself might be used as evidence against himself; but what he said in his favour was not evidence for him. And, further, the fact of the arrest being by warrant allowed of a search being made into his papers. He did not mean to say that those rights of search might not be valuable in the hands of the authorities; but they were obnoxious, and should be jealously guarded, and the Lord Advocate should, take steps to guard against their abuse, and lay down rules as to the cases in which this mode should be resorted to. He had the authority of, perhaps, the highest authority on Scottish Criminal Law, given at a time when his ideas were not warped by the exigencies of Office or considerations of Party expediency—he referred to the right hon. and learned Lord Advocate himself. When examined before the Law Courts Commission, the right hon. and learned Gentleman said—

"I think the subject of declarations is one requiring notice. I have never been able to reconcile myself to the practice of taking a declaration from a prisoner before you allow him to get any legal advice."

The right hon. and learned Gentleman, in his evidence, had also said that he did not see why an accused person should not have his agent at his elbow when his depositions were read over to him. He was asked what occurred in cases where access was had to his solicitors, and he said that in cases of that kind they generally declined to make declarations. In short, the right hon. and learned Gentleman was examined and re-examined on that occasion, and he stuck most manfully to his opinion that it was a feature of the Scottish law to which he had an unconquerable objection, that an unconvicted prisoner should be submitted to examination without the benefit of legal advice. He now asked the right hon. and learned Gentleman to remedy that state of things, and he trusted he would have the courage of his convictions, now that he was in a position to carry them into effect. Another matter in which there was room for improvemeut was that a person thus arrested should be capable of being bailed out. At the present moment in Scotland a man arrested on the vaguest suspicion on the warrant of a Public Prosecutor, who might be the agent of the landlord on whose property the offence was alleged to have been com- mitted, might be kept in prison for, perhaps, seven days without being allowed to communicate with his solicitor, and all that time he could not be bailed out, and the anomaly was made all the more absurd by the fact that, under the Scotch law, a person committed for trial was not only allowed, but was entitled to claim, the right of bail, and the bail was fixed by Statute, and he maintained there could be no ground for withholding the same right from uncommitted prisoners. There were a number of other Amendments of detail which, he thought, might with advantage be embodied in the Bill. There was, for instance, the practice in Scotland of proving previous convictions before the jury as part of the case for the prosecution. In England that was done only after a verdict of guilty was returned. That was a matter in which he thought the Scotch law might with advantage be amended in a large number of cases. What he wished to ask the right hon. and learned Lord Advocate to do was to supplement those provisions of his Bill which increased the already very great powers of the Procurator Fiscal, and which, in many instances, would invent new crimes or make attempts into offences, by such provisions as would do away with the exceptional hardships endured by uncommitted prisoners under the Scotch law. But questions of this kind were more properly matters for Committee. The hon. Member concluded by moving that the Committee be put off for three months.

Amendment proposed, to leave out the word "now," and at the end of the Question, to add the words "upon this day three months."—( Dr. Cameron. )

Question proposed, "That the words proposed to be left out stand part of the Question."

I do not at all complain of my hon. Friend the Member for the College Division of Glasgow in his efforts to improve the law in the manner referred to in his Motion; and, certainly, I think the authors of the Bill have no reason to complain of the reception it has met with so far. The Amendments which my hon. Friend has put on the Paper seem so admirable and so complete for the purpose of improving the Bill that no one has seen fit to add another Amendment. I think, when we get into Committee, the hon. Member will find that he has given very substantial assistance to the authors of the Bill, because, while there are some of his Amendments which I cannot accept, there are others which, I think, will be improvements on the Bill. This discussion will also be most useful, because it will bring before the people of Scotland a subject of the very greatest possible importance—a subject which I should have liked very much indeed to deal with at once in this Bill, if I had been satisfied that, in doing so, I really would be carrying out the wishes of the people of Scotland. But I have the gravest doubts of that. I hope opinion has developed since I gave that evidence which the hon. Member has alluded to. I stated at that time that my views were peculiar views, and I am not certain that they do not continue peculiar views. I still hold them with the strength I held them then; and if I were in a position to give effect to them—not by thrusting them on the people, but upon the people of Scotland coming to agree with them—I shall be very happy to embody them in a Bill. My purpose in bringing in this Bill was not so much to touch those matters about which there may still be differences of opinion in Scotland as to carry out what I have known for long to be the opinion, not only of the profession, but of the members of the public who took an interest in these matters—namely, to get rid of a large amount of cumbrous procedure. My hon. Friend, in supporting his Motion, referred to Procurators Fiscal, and expressed his desire that they should be men of independent position, who should be exclusively devoted to their work. It is simply a question whether these gentlemen are to be a real part of the Public Service, or remain as they were at present. It is highly undesirable that the present state of things should continue. My hon. Friend has stated clearly what the great difficulty in the way is. At the same time, I may say that every effort is being made, and in every case which arises we shall endeavour to find a gentleman suitable for the position, who will accept such salary as may be fixed by the Treasury for giving his services exclusively to the work; and it shall be my effort, as long as I am in Office, and I know it has been, and will continue to be, the effort of my Predecessor, as much as possible to promote such an arrangement. I do not believe we shall ever have our system in the condition in which it ought to be until Procurators Fiscal are as much a part of the Public Service as any other Department in the service of the Crown. My hon. Friend proposes that I should endeavour in this Bill, which is one for simplifying the procedure of the law of Scotland, to define for what offences it should be competent to grant a warrant of arrest, and for what offences it shall be competent only to grant a summons. I very much fear, if that were attempted, instead of being a simplification this Bill would be a complication of the law. The question whether a person is to be arrested at once for an offence or summoned does not so much depend on the mere name you give to the offence as to the circumstances under which it has taken place, and the grounds you have for expecting that by arrest, as distinguished from citation, you may be able to prevent the putting away of evidence. Then my hon. Friend asks me to lay down a list of offences for which a warrant should not be used, but a summons, and he mentioned what he called cases of a quasi -political nature. I should have thought you could not by any possibility name any class of crime which it was more impossible to define in an Act of Parliament than a " quasi -political offence," because there, again, it is not the offence which constitutes it a quasi -political offence—it is the circumstances which surround it. That offence may be known to and punishable by the Common Law. It is quite true we are told every day in this House that the resistance to eviction in Ireland, by blocking up the windows of the houses, by pouring down boiling gruel on the heads of the police, and slashing at them with cleeks for seizing fish, is constituted by the circumstances "a quasi -political offence;" but exactly the same action might be taken to prevent arrest by a regular criminal. The question whether a crime is political depends on considerations which cannot be put into an Act of Parliament. Many hon. Members of this House will differ as to whether a thing that occurs is of a political or quasi -political, or simply of a criminal character; and it is impos- sible to lay down any definite rule how such cases should be distinguished. It must be left to the discretion of officials to determine whether they will arrest for an act, or whether a summons should be issued. In carrying out any procedure whatever you cannot avoid the necessity of depending to a certain extent upon the discretion of your officials, and all you can do in cases where discretion is abused and mistakes of a serious kind are made, is to bring public opinion and the opinion of this House to bear upon them. My hon. Friend has devoted a considerable amount of time to drawing Amendments, some of which we will find, when we get into Committee, to be extremely useful; but he has not attempted to put his hand to drawing a single Amendment for the purpose of carrying out the things which he complains are not in this Bill. With regard to the question of taking declarations and the procedure after arrest, these cannot be dealt with so easily as the hon. Member thinks, as there are a great number of points which will have to be considered, especially as regards the law of bail. It must not be forgotten that while in our country a man may be kept in close confinement and examined on declaration, he, to a certain extent, gains a great advantage by that, which he would be deprived of if we abolished our system of declaration. The privilege is this—that in Scotland nothing can be brought up in evidence against a prisoner which has been the result of interrogation by officials, except his declaration, which is taken before a magistrate, and under an express caution that anything he says may be used against him. If a police constable, before taking him prisoner, interrogates him about the offence, or about what he has been doing, the police constable is not permitted to give evidence as to that conversation. If you once abolish that system of declarations, you will follow the English law, by which every conversation that takes place with a police constable or a prison warder can be used against the prisoner—a state of things which I should be extremely sorry to see. I may state that it is my intention to deal comprehensively with the subject of procedure on arrest, and with the subject of bail; but I find it impossible, in the short time at my disposal, and in view of the very complicated questions that arise, to import the matter into this Bill. It is a very difficult and complicated matter, and there is another thing to be remembered—that if you are going to abolish our Scottish system you must give a discretion to the magistrate to refuse bail altogether, in the preliminary stages of a case. The Scottish system proceeds upon the rule that you can keep a man in prison to enable you to make investigations, free from his being able to tamper with witnesses or put away documentary or other evidence. At the end of eight days a man is absolutely entitled to bail, because you are then considered to have had time to make your investigation. Therefore, you come to the question whether you must not in every case give the magistrate power to refuse bail. The old system of prison rules was, undoubtedly, Draconic, but for some time, under rules which were passed during the time that Lord Dalhousie was Secretary for Scotland, and when the right hon. and learned Member for Clackmannan (Mr. J. B. Balfour) was Lord Advocate, the procedure has been very much relaxed. I am perfectly prepared to put these rules into statutory form, but I do not see how it could be done in this Bill.

said, the right hon. and learned Gentleman the Lord Advocate had been justly complimentary to his hon. Friend (Dr. Cameron), on the pains he had taken to suggest additional provisions, and on the other hand, he (Mr. C. S. Parker) could say that the general opinion of those conversant with the subject in Scotland was very favourable to the Amendments in procedure proposed in the Bill. Of the further reforms suggested he thought none was more urgent than that which the right hon. and learned Lord Advocate seemed to approve—the giving to Procurators Fiscal a more independent position. That was really a financial question, and money spent in that direction would, he considered, be very well spent. But his object in rising was to appeal to his hon. Friend not to press the Amendment. As there were some 80 clauses of detail it seemed to him that the most practical course for Scotch Members was to go at once into Committee on the Bill and make progress with it.

said, he could not re- gard the statement of the right hon. and learned Gentleman the Lord Advocate as at all satisfactory. There was no particular hurry for this Bill being brought forward. It was principally supported by Sheriff-clerks, Procurators Fiscal, and other officials, to whom it would be a great convenience. All its more important changes seemed to lie in the direction of making the procedure more simple for the prosecutor whilst taking away the safeguards against injustice to the prisoner. Ought this Bill to be pressed forward in absence of the very important reforms affecting Criminal Law which are loudly demanded by the people of Scotland? He said "No"; and if the hon. Member for the College Division of Glasgow (Dr. Cameron) went to a Division he would support him.

said, he hoped his hon. Friend would consent to allow the Bill to go into Committee. The hon. Member for the College Division of Glasgow (Dr. Cameron) had hit upon a blot in the principle of the Bill when he pointed to its failure to remedy the disabilities of the prisoner before he was committed for trial. The right hon. and learned Gentleman the Lord Advocate had rendered a service to the Criminal Law of Scotland by framing this useful and practical measure. On one point, however, the right hon. Gentleman had shrunk somewhat from facing the necessary difficulties of the case, being probably deterred by the want of Parliamentary time. He referred to the question of bail. Although this Bill was a kind of code of criminal procedure, yet the subject of bail, which seemed to him to be one of the most important rights which an accused person possessed, was left out of view altogether. The right hon. and learned Lord Advocate said that while he acknowledged the importance of the subject, it was one of so much complication that he must reserve it for a separate Bill. He (Mr. Donald Crawford) demurred to that proposition altogether, and maintained that this was not the way in which a Bill of this kind ought to be constructed. It was also said that conversations with policemen and warders were admissible as evidence in England, but not in Scotland. In many cases which had come within his own experience in Scotland, voluntary ad- missions by prisoners to policemen and warders were not only admissible, but formed important links in evidence in criminal cases. With regard to Procurators Fiscal he was glad the Government were ready to acknowledge their position as public officers who should not derive their income partly from private parties. That was a principle for which many of them had contended a long time, and he was glad that the hon. and learned Lord Advocate had given such emphatic assent to it.

said, that his main object was to clear the way for the discussion of future Amendments. He would not put the House to the trouble of dividing, and asked leave to withdraw his Amendment.

Amendment, by leave withdrawn.

Main Question put, and agreed to.

Bill considered in Committee.

(In the Committee.)

Clause 1 (Interpretation).

On the Motion of The LORD ADVOCATE, the following Amendments made:—In page 1, after line 24, insert—

"Officer of police shall include chief constable, deputy chief constable, constable and criminal officer";

line 26, after "include," insert "the Procurator Fiscal of the City of Edinburgh, and shall include"; after line 30, insert—

"'District,' shall mean any part of a country in which a separate Court is held, and for which a separate procurator fiscal is appointed, and shall include any combinations of counties for which one sheriff court, and one procurator fiscal are appointed";

page 2, line 1, after "offence," insert "felony;" and in line 2, after "misdemeanour," insert "and shall include attempt."

Clause, as amended, agreed to.

Clause 2 (Indictment Forms in Schedule A.) agreed to.

Clause 3 (Procedure on resignation, death, or removal of Lord Advocate).

On the Motion of The LORD ADVOCATE, the following Amendment made:—In page 2, line 24, leave out "as prosecuting in the name of Her Majesty."

Clause, as amended, agreed to.

Clauses 3 to 7, inclusive, severally agreed to.

Clause 8 (Qualifying words in indictments to be implied).

I beg to add at the end of page 3 the following words—"Except when the use of such qualifying allegation is of the essence of the offence charged." These words are found at the end of Clause 10. They seem to be very reasonable, and not likely to do any harm, and as they are recommended in the Report of the Society of Writers to the Signet, I trust the Committee will adopt them.

Amendment proposed,

In page 3, at end of Clause, add the words, "except when the use of such qualifying allegation is of the essence of the offence charged."—( Dr. Cameron. )

Question proposed, "That those words be there added."

My reason for proposing the addition of these words is that there are many cases where the acts done are fraudulent and criminal, but not knowingly fraudulent and criminal. We should have it that such and such an act shall be a crime, unless done without the intention of fraud. The words of the clause are distinctly such as require the insertion of words like those I propose, and as are proposed by the Writers to the Signet.

was understood to say that the Government would take the matter into consideration.

The right hon. and learned Gentleman will probably consider the matter before the Report stage, and I will, therefore, withdraw my Amendment.

Amendment, by leave, withdrawn.

Clause agreed to.

Clauses 9 and 10, severally, agreed to.

Clause 11 (Perpetration procured to be done by another).

I object to this clause on account of its application to certain criminal acts. It dispenses with the necessity in an indictment, after setting forth that a person accused does a certain act, to add any alternative words to cover the case of the accused person having caused or procured the doing of the act by another person, the alternative being implied in all cases where the doing of the act directly by any particular person was not of the essence of the charge. That is a very good principle in connection with civil responsibility, but a very dangerous one in connection with criminal responsibility. The latter portion of the clause seems to me to involve a very delicate imputation, and seems to be objectionable, especially so far a vicarious criminality is concerned. The clause after setting forth the liability of a person accused of a certain act contains words extending the action of the provision to a person procuring such act. These words have a wide application. They would make a person responsible for giving a piece of incautious advice, and to show that that idea is not strained, I would point out that during the last Recess, in consequence of some speeches I made on the Highland Land Question I—and other Members—have not merely had remonstrance used against us by a Judge in Court of Session, but have been distinctly informed that we might be proceeded against and brought within the survey of the criminal authority. I object to that. Under this clause it would be possible to proceed against a man who made a speech, even though he did not advise resistance. I never advise resistance; but I might be brought within the operations of the clause, simply through laying down some doctrine unpalatable to some person or other in authority. This clause mixes up that which is actually a crime under the law and that which may indirectly cause or procure a crime to be committed. It seems to me that the Scotch Law goes sufficiently far in that direction already, and that there can be no harm in leaving it as it is.

If a magistrate in an inferior Court makes a mistake in law, he will be corrected by the superior Court. The object of the indictment is to give notice to the accused person that a charge is being brought against him. The clause in no way alters the existing law. It merely simplifies it.

I cannot concur with the view of the Lord Advocate on this matter. If a man is accused of having committed a crime, the indictment should say so; but under the clause, a person may be convicted of a crime not committed by him directly, but through the agency of another. I hold that that should not be allowed to take place without showing the fact on the face of the indictment. Although a man might be prepared with his witnesses to prove that he was not at the place where the crime was committed at the time it occurred, under this clause the prosecutor would be entitled on an indictment charging a person with having committed a crime to say, "Someone else did it under your direction." A man might in that way have a crime charged against him of which he had had no notice beforehand. The law of Scotland is clear and precise, to the effect that the crime shall be specifically stated in the indictment. If you wish to set forth that a man has made himself responsible for a crime committed by another under his direction, or that it was committed in any other way than directly by the prisoner himself, then, by the law of Scotland, you must set forth that fact on the face of the indictment.

This clause will apply to a certain number of special cases; but I will undertake to consider any reasonable objections to it on Report.

Clause, by leave, withdrawn.

Clause 12 agreed to.

Clause 13 (Possession of property, goods, or money).

The objection I have to this clause is similar to that expressed by my hon. Colleague (Mr. Caldwell) to Clause 11. In a case of theft, it seems to me that there can be no hardship to require it to be stated that the goods were not the property of the accused. It seems to me most reasonable that that allegation should be made.

There does not appear to me to be any ground for striking out the Clause. It is adopted almost literally from Lord Campbell's English Act, and in England it has worked extremely well. It has been found quite sufficient to describe the things stolen, without stating whose property they are. I am glad, for once, to be able to take a lesson from our English friends, and I hope my hon. Friend will not persist in his objection.

Clause, by leave, withdrawn.

Clause 14 agreed to.

Clause 15 ("Money" to include coin, bank notes, &c., &c.).

I beg to move the following Amendments: — In page 5, line 4, after "realm" to insert the words, "Post Office Orders and Postal Orders," and also to insert the same words in line 7, after the word "coin."

Agreed.

Amendments agreed to.

Clause, as amended, agreed to.

Clauses 15 and 16, severally, agreed to.

Clause 17 (Petitions for warrants, and arrest thereon).

On the Motion of The LORD ADVOCATE, the following Amendment made:—In page 5, line 15, after "arrest" insert "and commit."

I have an Amendment to propose, in page 5, line 15, to leave out the words "suspected of or." I will not press the Amendment if the Lord Advocate has any serious objection to it.

Amendment proposed, in page 5, line 15, to leave out the words "suspected of or."—( Dr. Cameron. )

Question proposed, "That the words proposed to be left out stand part of the Clause."

It is necessary to make provision for cases of suspicion, and, therefore, I trust the hon. Member will not press his Amendment.

I will withdraw it now, and move it in line 23.

Amendment, by leave, withdrawn.

Order, order! There is an Amendment in the name of the Lord Advocate which will come before that which the hon. Member now proposes to move.

Amendment proposed,

In page 5, lines 16 and 17, to leave out the words "or for their commitment for further examination, or until liberated in due course of law."—( The Lord Advocate. )

Question, "That the words proposed to be left out stand part of the Clause," put, and negatived.

It is proposed by this clause to invest the officers of the law with the summary power of detaining witnesses in any criminal proceeding or inquiry.

In ordinary cases, it has sometimes been found necessary to arrest a witness in order to secure that he should be forthcoming when his evidence is required. It has been thought better to take that course in order to prevent a witness who desires to avoid giving evidence from escaping, and therefore power is given to any duly qualified officer of the law to arrest any such person in England or Ireland, under a warrant.

Provision is made that the warrant shall be executed in England or Ireland. I think that is somewhat unnecessarily stretching the Criminal Law of Scotland.

No warrant can be put in force, unless it is backed by a superior Court. At present, a warrant sent from Scotland to this country cannot be executed.

Am I to understand that in the event of a witness leaving the country, certain proceedings may be taken in order to secure his attendance as a witness, but that it will be necessary for some Judge, either in this country or Ireland, to endorse the warrant?

Yes; that is so.

Clause, as amended, agreed to.

Clause 18 (Declarations and previous convictions).

On the Motion of The LORD ADVOCATE, the following Amendments made:—In page, 5, line 31, leave out "that is," and insert "or productions that are;" and in line 32, after "that," to leave out "such declaration and conviction," and insert "they."

Clause, as amended, agreed to.

Clauses 19 to 21, inclusive, severally agreed to.

Clause 22 (Warrants for citation).

Amendment proposed,

In page 6, line 25, after the word "county," add the words "and such sheriff and procurator fiscal shall have all the powers in regard to such case both before, at, and after the trial which they possess in relation to any case occurring within their own district."—( The Lord Advocate. )

Question proposed, "That those words be there added."

May I ask if this Amendment in any way extends the jurisdiction of the Sheriff and Procurator Fiscal?

It means that for the purpose of the Act, these officers shall be able to act in districts over the borders of their own counties. I may say, at once, that it has often been found highly inconvenient in a district situated upon the borders of two connties to carry on judicial proceedings owing to the jurisdiction being confined to one county only. The object of this Amendment is to enable the Sheriff of either of the two counties or the Procurator Fiscal, to take up a case and conduct it through, although it may affect a district beyond the boundary of his present jurisdiction.

Is the jurisdiction limited to adjoining counties, or does it apply to the whole of Scotland?

The jurisdiction is limited, and does not extend to the whole of Scotland.

Question put, and agreed to.

On the Motion of The LORD ADVOCATE, the following Amendment made:—In page 6, line 33, after "jurors," leave out "to such sitting."

Clause, as amended, agreed to.

Clause 23 (Service).

On the Motion of The LORD ADVOCATE, the following Amendments made:—In page 7, line 1, after "witnesses," insert "and list of productions;" and in line 6, after "service," insert "on him."

Clause, as amended, agreed to.

Clauses 24 and 25, severally agreed to.

Clause 26 (Record indictment and list of witnesses).

On the Motion of The LORD ADVOCATE, the following Amendments made:—In page 7, line 35, after "witnesses and," insert "a copy;" in page 7, line 39, leave out all after "office" to end of Clause.

Clause, as amended, agreed to.

Clauses 27 to 33, inclusive, severally agreed to.

Clause 34 (Supplementary lists of witnesses).

On the Motion of The LORD ADVOCATE, the following Amendments made:—In page 10, line 41, after "witnesses," insert "and of productions;" and in lines 42 and 43, leave out "and supplementary lists of productions other than extracts of previous convictions."

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

With regard to these Supplementary lists, I would ask the Lord Advocate if this is not introducing new matter altogether? I am afraid that in endeavouring to simplify the law the right hon. and learned Gentleman is introducing Amendments which are against the interests of accused persons.

I can assure the hon. Member that he is quite mistaken, and that this Amendment will not in any way prejudice the interests of a prisoner.

Question put, and agreed to.

Clause 35 agreed to.

Clause 36 (Written notice of special defence).

On the Motion of The LORD ADVOCATE, the following Amendments made:—In page 11, line 27, leave out "such," and insert "a;" and in page 12, line 5, after "before," insert "the."

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

According to the law of Scotland, as it stands at the present moment, a prisoner has the advantage, up to 48 hours of the day of trial, of being able to lodge any special defence he desires to make, and he is required to furnish a list of his witnesses previous to the trial. This clause will, I am afraid, make a material difference in the course of procedure, to the disadvantage of prisoners brought before the High Court of Justiciary. The first trial is taken before a Sheriff's Court, and according to this clause, the prisoner will have to lodge his special defence when he is taken before the Sheriff in a country place, and with the assistance of a country agent only; whereas, according to the present arrangement, if a prisoner is going to be tried before the High Court of Justiciary, he has the advantage of counsel to instruct him in regard to his defence. I think it is important that we should do nothing to curtail the rights of the prisoner, and if he is asked to plead at the first trial before the Sheriff's Court, and to lodge his special defence, I think he ought to have the benefit of counsel to advise him. If the prisoner is to be limited in any way in regard to the defence he desires to make, he certainly should have the benefit of the counsel who is to conduct the case in the High Court of Justiciary before he is compelled to do so. But, according to this clause, he will be bound to state his defence in the first instance, instead of being required to state it two days before the second trial, and after he has had the opportunity of consulting counsel. According to the existing law, a prisoner has the right of having counsel assigned to him gratuitously.

I hope the question will be allowed to stand over until the Report, and I will consider, before that stage, whether the clause requires amendment in the direction pointed, out by the hon. Member.

Question put, and agreed to.

Clause 37 (Accused may have copies of witness and production lists for accused).

Amendment proposed, in page 12, lines 8 and 9, after "practice," to leave out the words "and to take a copy of the first thereof."—( The Lord Advocate. )

Question proposed, "That the words proposed to be left out stand part of the Clause."

May I ask the right hon. and learned Gentleman what he means by moving the omission of these words?

I propose the omission of the words because the matter is effectually dealt with in a previous part of the Bill.

Question put, and negatived.

On the Motion of the LORD ADVOCATE, the following Amendment made:—In page 12, line 11, after "of justiciary," insert "in Edinburgh."

Clause, as amended, agreed to.

Clause 38 (Notice of jury lists).

Motion made, and Question proposed, "That the Clause stand part of the Bill."

I object to the clause on the ground that at the present moment a prisoner is supplied with a list of jurors, and this clause will seriously curtail his rights. It provides that the prisoner shall not be supplied with a list of jurors, but that such list shall be kept in the office of the Sheriff of the district, from which he shall be entitled to have a copy taken. I do not see how this can be regarded as a simplification of the course of procedure, seeing that there is no expense or difficulty entailed upon the prisoner under the existing practice. What makes the matter worse is that the right hon. and learned Gentleman proposes to require the prisoner to exercise his rights within six days before the trial takes place. What I ask the right hon. and learned Gentleman is that he shall leave to the prisoner the same rights as those which he possesses at present. It is all very well to say that these persons in Scotland are defended by agents and counsel, who act gratuitously; but agents and counsel in that position are not likely to put themselves to any unnecessary trouble, and good service from them in such a case can neither be expected nor insured.

The list of jurors in 99 cases out of 100 is of no consequence whatever to the prisoner. I can assure my hon. Friend, from my own personal experience, that that is so in regard to ordinary cases. It is only in a case of very great importance, in reference to which there is some public feeling, or a case in which a serious crime has been committed, that we ever have any challenge of the jurors at all. I am quite certain that there is no lawyer in this House who has had any experience of the matter who will not confirm me when I say that such a thing as the challenge of jurors in ordinary criminal cases in Scotland is absolutely unknown, and it only takes place in trials of the highest importance, where the prisoner has a special solicitor engaged in his defence. I may add that the adoption of a proposal to strike out the clause would save a considerable amount of expense and inconvenience to the country. I have not, however, any very strong feeling with respect to the clause.

Will the Lord Advocate agree to insert, at the end of the clause, a provision to require that a copy of the list shall be given gratuitously to the prisoner? If that addition were made, I think there would be no objection to the clause.

The question before the Committee is that the clause stand part of the Bill. It cannot, therefore, be altered now; but it can be altered on the Report.

Question put, and agreed to.

Clause 39 (Notice of peremptory challenge six days before trial).

I wish to move, as an Amendment, in page 12, line 31, to leave out "six," and insert "three." The object of the Amendment is to shorten the period during which the right of challenge is to exist. It is all very well to say that the right of challenge is never exercised. If so, it should be done away with altogether, and not be got rid of by a side wind. It seems to me that the alteration proposed by the Lord Advocate is calculated to interfere very materially with the right of challenge. In 99 cases out of 100 a prisoner, when arrested, will have no defence arranged; and, therefore, the right of challenge is very important. I know that in cases which come up from the country dis- tricts the defence is not arranged until the very last moment. In such cases to require six clear days' notice, as is now proposed, would have the effect, I am quite certain, of knocking the right of challenge on the head. I, therefore, propose three days' notice instead of six; but I should prefer to see matters remain as they are.

Amendment proposed, in page 12, line 31, to leave out the word "six," and insert the word "three."—( Dr. Cameron. )

Question proposed, "That the word 'six' stand part of the Clause."

I am quite willing to meet my hon. Friend half way, and will make the time four days instead of six.

I understand that the object the right hon. and learned Gentleman has in view is to save the jurors being put to inconvenience. I quite admit that it would be for the convenience of jurors not to be summoned unnecessarily; but it seems to me that three days would afford ample time for giving notice that their attendance would not be required. I am acquainted with a case which occurred some time ago, and in which the right hon. and learned Gentleman was himself concerned, in which, if six days' notice had been required, or even three days', the right of challenge would have been entirely knocked on the head.

My hon. Friend forgets that the law under this measure will not remain as it is now; and I think that four days' notice is all I ought to consent to, and all that could be done with safety.

I entirely sympathize with the Lord Advocate when he says that it entails great expense and inconvenience upon jurors to summon their attendance unnecessarily; and I think it is only fair and reasonable to prevent men from coming up from a great distance, at considerable inconvenience, when they are not likely to be accepted as jurymen, and when, in point of fact, their services are not wanted.

The Lord Advocate seems to imply that if a juryman is challenged in any particular case his services will be dispensed with; but the right hon. and learned Gentleman must be aware that it is very rarely that only one case is set down for trial. As a matter of fact, there are generally half-a-dozen cases on the list, and the chances are that the juror would be called in one or other of them. No doubt, it would be a hard case to compel a juryman to remain in attendance when his services were not likely to be required.

I think if the Lord Advocate is going to insist upon the prisoner giving notice of his intention to challenge the jury three or four days before the trial he ought, at least, to concede to him a list of the jurymen along with the indictment, in the usual way, so that he may have the means before him of exercising his right of challenge within those three or four days. I think it will be found, in practice, that nobody ever attends the Court until the day of trial. No counsel certainly puts in an appearance before the day of trial, and no agent is likely to go into the case before the trial becomes imminent. The result would, therefore, be that if six days' notice, or even four, are required to be given of an intention to exercise the right of challenge, the right itself would be practically foregone altogether. Certainly, if the notice is to stand in its present shape, a list of the jurymen ought to be granted to the prisoner, with a distinct intimation that he must exercise his right of challenge at a certain time, or forego it altogether. At present, this measure is taking two important safeguards away from the prisoner. It is depriving him, in the first place, of a list of jurymen which has always hitherto been printed on and formed part of the indictment; and, on the other hand, you are compelling the prisoner, if he does not challenge any of the jury, before the lapse of four days, to forego his right of challenge altogether. I do not think we ought to deprive the prisoner of both of these safeguards, but that, at least, we should leave him one of them.

I do not think there would be any difficulty or any hardship upon the prisoner; but it would be a great boon for jurors to be relieved from attendance, instead of being summoned unnecessarily. In re- gard to the remarks of my hon. Friend the Member for Inverness shire (Mr. Fraser-Mackintosh), I may say that the Bill itself expressly provides that when there are more cases for trial than one, jurors who may be challenged will still be summoned, unless they are challenged in connection with the other cases. It often happens, however, that there is only one case for trial; and it is very hard to keep the jurors in attendance under such circumstances.

I think the Lord Advocate would be well advised if he would accept the compromise of three days proposed by the hon. Member for the College Division of Glasgow (Dr. Cameron). Even in that form the proposal to deprive the prisoner of the right of peremptory challenge at the trial is a serious one. Three days would give ample time for a letter to be posted to any juryman, if his attendance is not wanted.

Question, "That the word 'six' stand part of the Clause," put, and negatived.

Question, "That the word 'three' be there inserted," put, and agreed to.

Clause, as amended, agreed to.

Clauses 40 and 41 severally agreed to.

Clause 42 (Second diet where plea of guilty at first diet is withdrawn).

On the Motion of The Lord Advocate, the following Amendments made:—

In page 13, line 32, to leave out "any interlocutor pronounced by the sheriff," and insert "the proceedings;" and in lines 39 and 40, to leave out "or where the court shall alter any interlocutor pronounced at the first diet."

Clause, as amended, agreed to.

Clause 43 agreed to.

Clause 44 (Prevention of delay in trials).

, in moving to omit the clause, said: This clause proposes to abolish what is equivalent in Scotland to the Habeas Corpus of England, and I think we are entitled to have good cause shown before we abolish what are known as running letters. I have put down this Amendment to omit the clause, chiefly for the purpose of securing the continuance of the existing state of things. The Bill has now come on for discussion somewhat unexpectedly, and I am afraid that many hon. Members who take an interest in the measure are absent. I find among the reports upon this Bill one from the Society of Writers to the Signet, in which they point out that this clause will make a most important change in the present law. As to running letters, they say that the Bill proposes to abolish the running letters provided by the Act of 1701. They add that the provisions of the Act of 1701 have worked well, and they object to the proposed clause on the ground that it will work inconveniently, and will not tend to simplify the law. In the Act of 1701 there are several important provisions in favour of accused persons which this Bill proposes to get rid of. The existing Act provides that, after an accused person has adopted the mode of procedure specified in the Act, he shall be for ever free from all question or process in regard to the crime of which he has been accused. The existence of that provision prevents a prisoner from undergoing a second trial for the same offence, and that I believe is the recognized law of this country. I, therefore, beg to move the omission of the clause.

Amendment proposed, in pages 14 and 15, to leave out Clause 44.—( Dr. Cameron. )

Question proposed, "That Clause 44 stand part of the Bill."

I think it quite reasonable that some explanation should be asked for in regard to this clause. My hon. Friend has called attention to certain statements by the Society of Writers to the Signet; but he must allow me to point out that the Act of 1701 is almost a dead letter, and cannot be rendered operative without considerable expense being incurred—an expense far beyond the means of a poor man. The Writers to the Signet complain that the Bill will deprive prisoners of the great advantage of being free for ever from the possibility of being tried a second time; but they forget altogether that that only applies to prisoners who have been detained in prison. The Act of 1701 does not apply to prisoners who have been liberated on bail, or who are at large, and this clause is intended to give them that liberty which they cannot obtain under the Act of 1701. I have no particular desire that the clause should remain in the Bill; but I should be very much surprised, indeed, if any criminal lawyer who has had experience of the working of the Act of 1701 should be in favour of retaining its provisions. The object of this clause is simply to call on the prosecutor to show cause why he does not bring the accused up for trial after a reasonable time, and it gives the accused an opportunity of coming forward to show cause why he ought to be liberated. The mode of procedure adopted under this clause will be cheapened and simplified; and that which has been provided under the Act of 1701 is almost a dead letter in the case of poor prisoners, on the simple ground that they cannot get letters of information without incurring considerable expense. The procedure under the Act of 1701 is also highly complicated.

I entirely sympathize with the object of the Lord Advocate in introducing this clause; but I confess that I do not think his answer has entirely cleared up the difficulty which has been raised by the hon. Member for the College Division of Glasgow. The point raised by my hon. Friend, and which is based on the Report of the Society of Writers to the Signet, is, that the Act of 1701 which the Lord Advocate proposes to get rid of by this clause, and which my hon. Friend accurately described as equivalent to a writ of Habeas Corpus in England, among other things provides that after taking certain steps, and after his imprisonment has extended to a certain term, a man cannot be imprisoned again or tried on the same charge. Of course, that is a privilege of the utmost importance. The Lord Advocate says that the provision referred to by my hon. Friend only applies to cases where an accused person is in prison at the time, and that this clause will apply also to persons who are out on bail, or otherwise at liberty. I do not dispute that, and so far the clause is an improvement. Again, the period of imprisonment is shortened. The prisoner must have been in prison for 60 days, and then the Crown has 14 days allowed for inquiry. That amounts to 74 days; whereas, as I understand the existing law of Scotland, there are now 100 days allowed in which Criminal Letters may run. But the point is, that there is no provision corresponding to the existing provision of freedom from the same charge in all future time. I do not, at present, say whether that is right or wrong; but, at all events, it makes an enormous change in the Criminal Law; and it does seem to me a considerable hardship that a man should be kept in prison for so long a period as that, and then be liable to be re-tried, under an express provision of this Bill, upon the same charge. I think that is a point which requires consideration.

Under the Act of 1701, at any period during the running of the 100 days, if the prosecutor takes certain steps, the operation of the Act instantly ceases, and at any time the accused can be re-apprehended and tried.

He cannot be tried at all, unless an indictment has been preferred against him.

I think the Lord Advocate is somewhat mistaken as to the operation of the Act of 1701. When proceedings are taken under what are called running letters, unless an accused person is found guilty within 100 days he is set free for ever. This clause only allows him to be let out of prison, and will render him liable to be re-apprehended.

That is not so; and it is not the law, under the Act of 1701, that a prisoner must be brought up for trial within 100 days.

If a prisoner is kept in custody for 60 days, and is not tried, why should the prosecutor have power to keep him in prison for 60 days more?

He cannot be kept in prison for another 60 days. He can only be indicted, and then 14 days are allowed to prepare for the trial.

I think that in altering a procedure of this kind we should have regard to the existing sentiment of the country, and not go back to the Act of 1701, under which we find that a person may be kept in prison for a long period without being brought to trial. The clause, as I understand, is introduced for the purpose of modifying that practice; but I think that the clause itself might be considerably modified. As the provision now stands, a prisoner, after he has been 60 days in prison, can appeal to the Court for an order calling upon the prosecutor to show cause why he should not proceed by indictment. I think the clause should run something in this way—that, after an accused person has been in prison for 60 days on a magistrate's warrant, the warrant should lapse, and that the prisoner should then be entitled to liberation unless the prosecutor shows cause why he does not issue an indictment. In my opinion, it ought to be made peremptory that no person shall be confined in any prison in Scotland for a longer period than 60 days without an indictment being served upon him, unless the case is brought before the High Court of Justiciary, and special authority is given for retaining him longer in prison. I may point out also that there is a slight difference in the existing law and the proposed change in reference to the indictment itself. For instance, if a prisoner runs his Letters the case can only be taken up on what is technically known as Criminal Letters, and if, under such Criminal Letters, the indictment breaks down, the prisoner is then set free. I know myself several instances where Letters have been run, in the hope that there might be some flaw in the indictment. I certainly think that the warrant should lapse if a prisoner is not brought to trial within 60 days, unless the Court makes a special order.

I have had that subject under consideration—namely, whether the warrant should lapse without notice; but as there is some difficulty in the matter, it will, perhaps, be better to consider it on the Report.

I understand the right hon. and learned Gentleman to say that at present the prisoner is not free from prosecution on the same charge unless an indictment has been served upon him. This discussion has come on unexpectedly, and I must in the meantime accept his statement of the law. Indeed, if the Lord Advocate had given that information in the first instance I should not have troubled him with any remarks. My recollection of the law was that if a prisoner has been detained for a certain time, and had taken certain steps, he is relieved from the liability of being tried.

Question put, and negatived.

Clause agreed to.

Clause 45 (High Court of Justiciary).

I see that the Lord Advocate has an important Amendment to propose in this clause. I would suggest that the best course would be to leave out the clause altogether, and bring it up in an amended form on the Report stage.

I do not think there will be any difficulty in dealing with the clause now. I have to move, in page 15, line 33, to leave out all the words after "one of," in order to insert the words—

"The senators of the College of Justice in Scotland shall, in virtue of such appointment, be a Lord Commissioner of Justiciary in Scotland, and all the senators of the College of Justice now in office, who are not Lords Commissioners of Justiciary, are hereby appointed to be Lords Commissioners of Justiciary, and every senator of the College of Justice, not being appointed to the office of Lord Justice General, or Lord Justice Clerk, shall officiate in rotation as Lord Ordinary on the Bills in vacation; Provided always, that the five presently existing Lords Commissioners of Justiciary, other than the Lord Justice General and Lord Justice Clerk, shall not be required to officiate as Lord Ordinary on the Bills, and shall, in the High Court of Justiciary, take precedence of those senators of the College of Justice who are created Lords Commissioners of Justiciary by this Act."

Amendment agreed to.

Clause, as amended, agreed to.

Clause 46 struck out of the Bill.

Clause 47 (Sittings of High Court).

On the Motion of The LORD ADVOCATE, the following Amendment made:—In page 16, line 12, to leave out "the High Court of."

Clause, as amended, agreed to.

Clause 48 (Sittings in any town convenient for the trial).

On the Motion of The LORD ADVOCATE, the following Amendment made:—In page 16, line 24, to leave out "the High Court of Justiciary shall have power to hold," and insert "when the High Court of Justiciary shall exercise its power of holding."

Clause, as amended, agreed to.

Clause 49 agreed to.

Clause 50 (Adjournment of second diets).

On the Motion of The LORD ADVOCATE, the following Amendment made:—In page 17, line 6, to leave out "the High Court of."

Clause, as amended, agreed to.

Clause 51 (Sitting transferred where few cases).

On the Motion of The LORD ADVOCATE, the following Amendment made:—In page 17, line 14, to leave out "the High Court of."

Clause, as amended, agreed to, and ordered to stand part of the Bill.

Clauses 52 to 54, inclusive, severally agreed to.

Clause 55 (Number of jury).

Motion made, and Question proposed, "That the Clause stand part of the Bill."

This clause proposes to alter the number of the jury. I can quite see the reasonableness of not having too large a number of jurors; but when we are dealing with this branch of the question, may I suggest the propriety of making a distinction between juries which are to try capital offences and juries which are not to try such offences? The Bill leaves 15 as the number of jurors required to try capital offences, and reduces to 11 the number required to try ordinary offences. I am perfectly certain that it will be infinitely more in accordance with the feeling of the age, and of the people generally, that there should be no verdict in the case of a capital trial if there is only a bare majority, but that, at least, 10 out of 15 shall be required to be in favour of a conviction. I do not think we ought to be entitled to hang a man by a bare casting voice of a single juryman. Perhaps, this is a matter which hardly falls within the scope of the Bill; but while we are making a distinction between capital and non-capital cases, I would venture to suggest that it may be worth while to do away with the reproach against the Scotch law which now exists—namely, that a capital sentence may be carried out by the verdict of a bare majority.

My experience, which has now extended over a number of years, is that in capital cases it is hardly possible, and I have never known an instance, for a man to be convicted by a bare majority. If the verdict of the jury in such a case should be eight to seven, I am perfectly satisfied that the sentence would not be carried into effect; and it is much more probable that with a slight majority of that kind in favour of a conviction, the law, as it stands, would operate in favour of the prisoner.

I do not know that there will be any advantage in altering the constitution of the jury at all. At present, according to the law of Scotland, although the verdict is that of the majority, provision is made that there must be at least 8 jurors in favour of a conviction before sentence can be carried out. This clause now proposes to reduce the majority to six. I quite agree with what the Lord Advocate has said in regard to the verdict of a bare majority, and I am satisfied that in such a case a man convicted of murder would only have to appeal to the Home Secretary in order to ensure that the sentence would not be carried out. In cases of ordinary crime, probably, the Home Secretary would not interfere, even although the conviction was arrived at by a bare majority only. The object of this Bill is to simplify the procedure in connection with the Scotch Criminal Law; but I think that, in this instance, the Government are cutting the matter a little too fine. We have, in Scotland, no necessity for unanimous verdicts. The existing Scotch system has worked so long and so well, that I cannot see what practical purpose is to be attained by changing it. I think we might leave the matter exactly as it is at present. If we are to upset the existing number of 15 jurymen, I do not see where we are to stop. We open up the whole question, and then some may say two-thirds, or fix any other number. I think there is considerable danger in interfering with the present law at all; and I believe it would be better to leave the law exactly as it stands, allowing the prisoner to have the benefit of the fact that there must be eight jurymen in favour of a conviction.

Let me point out that in 1867 the Government recommended a jury of nine with a bare majority.

I would suggest that we have now arrived at a time when Progress may be reported. We have already scrambled through—for I cannot say we have discussed—54 clauses of the Bill in less than an hour; and the Bill itself came on when many Scotch Members did not know it would be reached, or, if it was reached at all, that it would be able to be brought on before 2 or 3 o'clock in the morning. There is another reason why I think the Lord Advocate should consent to report Progress now. Most of the clauses we have already disposed of deal with matters of form; but this clause deals with a matter of substance, and a very serious matter of substance indeed—namely, the number of jurors who are to constitute a jury. I certainly desire that some further time, at all events, should be given for the consideration of such a serious question as the alteration of the number of the jury from 15 to 11. I, therefore, think that the most convenient course would be to report Progress, and I will make a Motion to that effect.

Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."—( Mr. Hunter. )

There certainly remains in the Bill matters of serious importance for the Lord Advocate to consider. I do not think the right hon. and learned Gentleman can complain that any difficulty has been put in his way this evening. We have made considerable progress with the clauses, and the Government are now in a position to go on with the Bill at any hour. I think my right hon. and learned Friend may congratulate himself upon having got through an excellent night's work.

I hope the Committee will consent to go on for some time longer. I quite agree that considerable Progress has been made with the Bill; but I do not think it would be advisable to break off the discussion at so early an hour as half-past 11, when there are no substantial Amendments on the Paper, and when those which are on the Paper have already been there for some time.

Will the right hon. Gentleman agree to report Progress if we give him 30 more clauses.

Let us see what questions are raised when we get beyond the 30 additional clauses which the hon. Gentleman mentions. If the questions raised are such that they cannot be fairly dealt with to-night, it would be but reasonable that we should report Progress.

The Government must see that this is a clause which cannot be allowed to pass without some discussion. It is a clause which alters the number of jurors in criminal trials.

I trust the Lord Advocate will allow the number of jurors to stand as it is.

Motion, by leave, withdrawn.

Original Question again proposed.

I do not think that anyone will deny that the present jury system in Scotland has worked very well. We ought not to apply one kind of justice to capital offences and another kind of justice to crimes which are supposed to be of less importance. Why, if the crime is an assault reflecting on a man's character, should it be treated, as regards the jury, differently from a capital offence? If a jury of 11 is as good as a jury of 15, it is as good in one case as in another. I hope the Lord Advocate will be conservative enough to allow the number to stand at 15.

A little while ago the right hon. Gentleman the Leader of the House (Mr. W. H. Smith), speaking upon the Motion to report Progress, said, that if there was anything substantial in the Amendments, raising matters of difficulty, he would agree to report Progress. I can assure him, that this is one of the most important Amendments which could possibly be proposed. What would the right hon. Gentleman think, if all of a sudden it were suggested that the number of jurors in England should be reduced from 12 to 9. I think he would consider that suggestion a very important one. The practice of having 15 jurors has been long established in Scotland, and no whisper of complaint has ever been made against it. We certainly will not agree to this clause without dividing upon it.

May I suggest to the right hon. and learned Gentleman the advisability of postponing the clause.

This is not a question in which, anybody is interested, except the prisoners and the jurors themselves. The origin of the clause is the Report of the Royal Commission. If there is any public feeling in favour of retaining four additional men on the jury in ordinary cases I have no objection to the continuance of the present system. As a lawyer, it is not a question in which I have any interest whatever. I should certainly like to stand by the clause; but if there is real objection to it I will not press it.

I think it is right to say, that as a lawyer I know very strong representations have been made from various quarters as to the great inconvenience to jurors of the present system. I entirely confirm what the Lord Advocate says on that subject, and certainly the recommendations of the Royal Commission go a long way to support the proposal which is now made. The inconvenience of the present system to jurors is enormous. It is a very great public evil that a panel of jurors, say, of 45 men at the least and very often of a much larger number, are brought up and perhaps there is not a single case to try, or, if there is, it is only of a very paltry character. I am sure that 11 men are enough to try anybody for any offence short of a capital offence. I hope the Lord Advocate will adhere to the clause.

My hon. Friend (Mr. Donald Crawford) is not quite right in regard to the number of jurors. What is complained of, and I hope he will take it from me, is the fact that 45 men are summoned, whereas there is no necessity whatever for more than 30 to be summoned. It is notorious in Scotland that four or five times the number of jurors required are summoned. My hon. Friend must remember that challenges have not now to be taken, unless there is warning given. I am quite satisfied, from a long experience of seeing juries called, that there is no complaint as to the number of 15. There is only complaint that 50 or 60 should be called, and only 15 required to go into the jury-box. I think he is confounding, if I may take the liberty of saying so, the calling of a large number of jurymen to attend at Court while only 15 are actually required.

Allow me to point out to the English Members who are present what the effect of this clause will be. At the present moment, a man is tried in England by a jury of 12, and there must be unanimity among them as to the conviction of a prisoner. In Scotland it is suggested that there should be 11 men upon the jury, and that if there are six in favour of a verdict of guilty, that shall be sufficient. That is the point of objection, and what I complain of is the bringing forward of a question of this kind really without notice, and when owing to the peculiar circumstances of the sitting many Scotch Members are not present. This is a matter affecting seriously one of the oldest institutions of the country. I admit there is a great deal to be said in the way of criticism of the existing law, and that it is quite possible that something better might be suggested than the present clause or the existing practice. Perhaps, if the provision as to the majority of the 11 were taken out, that might be more satisfactory. At all events, this is too important a subject to be disposed of in this fashion, and therefore it would be well for the Government either to agree to report Progress or to postpone the clause.

Original Question put.

The Committee divided: —Ayes 138; Noes 83: Majority 55. — (Div. List, No. 278.)

Clause 56 (Clerk to state charge and swear jury).

Motion made, and Question proposed, "That the Clause stand part of the Bill."

I wish to ask the Lord Advocate, what is meant by the latter part of the clause—namely—

"It shall not be necessary to lay before the jury copies of the indictment list of witnesses, or list of productions?"

At present, when a case comes before a jury, a print of the indictment is laid before each of them. If that is not done, I cannot see how a jury can have an intelligent conception of what is going on.

In England the jury get no list of witnesses or copy of the indictment laid before them. The nature of the charge is stated; all the jury receive is a general statement of the charge.

Question put, and agreed to.

Clause 57 agreed to.

Clause 58 (Capital cases).

On the Motion of The Lord Advocate, the following Amendment made:—

In page 19, line 3, after "only," insert—"But nothing in this clause contained shall render bailable any of the offences above set forth, which are not now bailable, or shall extend the powers of the sheriff in regard to punishments."

Clause, as amended, agreed to.

Clauses 59 to 62 inclusive severally agreed to.

Clause 63 (Attempt at crime).

I beg to move to leave out the latter portion of this clause—namely—

"And under an indictment which charges a completed crime, the person accused may be lawfully convicted of an attempt to commit such crime; and under an indictment charging an attempt, the person accused may be convicted of such attempt, although the evidence be sufficient to prove the completion of the crime said to have been attempted; and under an indictment which charges a crime which imports personal injury inflicted by the person accused, resulting in death or serious injury to the person, the person accused may be lawfully convicted of the assault or other injurious act, and may also be lawfully convicted of the aggravation that such assault or other injurious act was committed with intent to commit such crime."

Amendment proposed, in page 19, ine 44, leave out from "crime" to end of Clause.—( Dr. Cameron. )

Question proposed, "That the words proposed to be left out stand part of the Clause."

The object of the part of the clause which my hon. Friend proposes to leave out is to prevent a very anomalous result which sometimes happens. It is sometimes a very narrow thing in the investigation of a case, as to whether a theft or an attempt to commit a theft has been committed. On some occasions it turns out by a word or two dropped accidentally by a witness, that what is supposed to be merely an attempt to commit a theft is actually theft, and the result is that the individual charged goes scot free. Surely, it is no injustice to a prisoner to say that if he is charged with an attempt, and it is proved that the attempt was successful, he shall be convicted of the attempt.

Question put, and agreed to.

Clause agreed to.

Clauses 63 and 64 severally agreed to.

Clause 65 (Previous convictions of dishonesty).

On the Motion of The LORD ADVOCATE, the following Amendment made:—

In page 20, line 33, leave out "such crime, or attempt to commit such crime," and insert "of the crimes, or attempts to commit crime above set forth."

Clause, as amended, agreed to.

Clause 66 (Previous convictions of violence).

I understand that this is a criminal procedure Bill applicable to Scotland. I should like to ask the Lord Advocate whether it is not a novelty to adduce in trials in Scotland proof of previous convictions obtained in another part of the United Kingdom.

It was decided a good many years ago that a conviction in England can be used as an aggravation of an offence committed in Scotland, and it has been decided that a crime committed within the United Kingdom can be brought up as an aggravation of a similar crime committed in Scotland.

The words of the clause are—

"Extracts of previous convictions of any crime inferring personal violence obtained in any part of the United Kingdom."

That does not include Ireland; and on what principle is it that there is a distinction between a crime committed in England and a crime committed in Ireland, in so far as the law of Scotland is concerned? Ireland occupies the same position to Scotland as England does. I think the Lord Advocate should insert the words "and Ireland" or else their will be another Irish grievance.

Clause agreed to.

Clauses 67 to 71, inclusive, severally agreed to.

Clause 72 (Variance between indictment and evidence).

On the Motion of The LORD ADVOCATE, the following Amendment made:—In page 22, line 25, leave out "at the trial."

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

I appeal to the Lord Advocate not to persevere with this clause. It has always been understood that an indictment, final and unchangeable, shall be served on a prisoner several days before the trial, and if Amendments are allowed to be made in the indictment after service, it is possible injustice to the accused may accrue.

I wish to point out that the Lord Advocate has not accepted a single safeguard that we have proposed to this Bill. By the existing law of Scotland you are bound to prove the indictment, and what you are proposing to do now is to deprive the prisoner of his chance of getting off in the event of the evidence turning out different from the indictment. That is no doubt done with a view of preventing the escape of prisoners who are guilty, but I consider the existing law on the subject to be one of those safeguards which compel prosecutors to be extremely careful; because if the case is not stated with strict correctness the prisoner may go free. If you allow the prosecution to say "the evidence is a little different, but we will alter the indictment," it is an unsafe innovation, because the existing practice has been found to work well.

Question put, and agreed to.

Clauses 74 to 76, inclusive, severally agreed to.

Clause 77 (Act not to apply to treason).

I hope the Lord Advocate will abandon this clause. I maintain that the existing law and practice with regard to treason requires improvement as much as any other portion of the Criminal Law, and I submit that there is no ground whatever for the exemption which is made here.

I point out to the hon. Gentleman that the law of treason is not different in Scotland from that in England and Ireland, and we are of opinion that so far as this Bill is concerned, the present position ought to be maintained.

I am not dealing with the law at present, but exclusively with procedure, and I submit that there is a very good case for my proposal.

I do not think that in this Bill there is a single right conferred upon the prisoner; while, on the other hand, everything in the Bill tends to take away some right which the prisoner previously possessed. Under this Clause a prosecutor will be able to ask for conviction, even if the indictment and the evidence were at variance.

Clause agreed to.

Clauses 79 and 80 severally agreed

Schedules agreed to; with Amendments.

Bill reported; as amended, to be considered upon Thursday next.

Licensed Premises (Earlier Closing) (Scotland) Bill.—[Bill 153.]

( Dr. Cameron, Mr. R. T. Reid, Mr. Mark Stewart, Mr. Donald Crawford, Mr. Lyell, Mr. Provand. )

Committee

Order for Committee read.

Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."—( Dr. Cameron. )

Whereupon Motion made, and Question proposed, "That this House do now adjourn."—( Colonel Hambro. )

I hope that the hon. and gallant Gentleman opposite will not press his Motion, seeing that this is a reasonable hour, and that we have before us Business that can be got rid of.

I trust that at this early hour we may be allowed to proceed with the Bill, and that my hon. and gallant Friend will consent to withdraw his Motion for the Adjournment of the House.

Motion, by leave, withdrawn.

Original Question put, and agreed to.

Bill considered in Committee.

(In the Committee.)

Clauses 1 and 2 agreed to.

Clause 3 (Commencement of Act).

I hope that at this hour we shall not proceed further with this Bill, which is a further encroachment on the liberty of the subject in Scotland. The Committee has just discussed a Bill of great length, dealing with procedure in criminal cases in Scotland, and during discussion a Motion was made to report Progress in consequence of the absence of Scotch Members. That, I think, is one reason why the Committee should be now adjourned. I am sure there are a number of Scotch Members who would wish to speak on the question of the Constitutional privileges of the people of Scotland; and, for these reasons, I think the hour is too late to endeavour to proceed further with the discussion of this measure.

Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."( Mr. Milvain. )

I would make an appeal to my hon. Friend to allow the discussion of the Bill to proceed. There is a large number of Scotch Members present; and as the hon. Members in charge of the Bill have had the good fortune to get it put down for consideration to-night, I think it only reasonable that they should be allowed to go forward with the measure; and I would, therefore, express a hope that my hon. Friend will not press his Motion to a Division.

Question put, and negatived.

Clause agreed to.

Clause 4 (Alteration of certificate forms. Certificates for inns and hotels. Certificates for public-houses. Certificates for grocers, &c).

Motion made, and Question proposed, "That the Clause stand part of the Bill."

I think it right to take this opportunity of stating my views of the subject with which this clause is intended to deal. I am clearly of opinion, and have been so for a very long time, that it would be a great advantage to Scotland if in many places the hour of closing were earlier than at present, and I am certain that in some places it would be a great improvement if the hour were earlier than 10 o'clock. I know from what happened some years ago in more than one place in Scotland that the magistrates thought it would be a good thing to make a stipulation before granting licences that those who accepted licences should do so on the condition of closing at a certain hour, and that the expectations of the magistrates were fulfilled in an extraordinary way. It was found that the habit of the people improved to a great degree, and that a great improvement of morals took place. But it was held by a Court of Law in Scotland that the magistrates were not entitled to go behind the Act of Parliament, by making an agreement with those by whom they were called upon to grant licences. The old practice was then renewed in the places where the experiment had been tried, with the result that the former undesirable state of things re-appeared. Therefore, I think that if you can adjust the hours of closing and, possibly, the hours of opening public-houses, so as to suit the habits of the district, it would be productive of a good effect. But while I say that, I think hon. Members will agree that there are many parts of the country where the habits of the people, owing to the conditions of life, are of such a nature as to keep them later out of bed, and that those parts of the country should be treated differently. I am of opinion that 11 o'clock is not too late an hour for the closing of public-houses in such places as Edinburgh and Glasgow. I am certain that if it were attempted to close public-houses in London at 11 o'clock, or earlier, practically there would be a revolution in the Metropolis. In cases of this kind you must have reasonable consideration for the habits of the district with which you are dealing; and, therefore, I think my hon. Friends will do well to consider whether, in endeavouring to amend the law and improve it, they are acting wisely in taking the hard-and-fast line of 10 o'clock for closing public-houses all over the country. I think that the Act by which a rule was made that throughout Scotland the hour of closing public- houses should not be later than 11 has had a good effect in towns. There can be no question about that; and I think it possible that, even in some of those towns, 10 o'clock is a reasonable hour. I would, therefore, ask my hon. Friends whether they will not so modify the Bill that, while adapting the law to the more improved habits of the people in some parts of the country, they should recognize the claims of populous places by leaving the law where it stands? I, therefore, propose to amend the clause, so that the hour of closing may be earlier in the country; and then, if it is found that there are places where it should be later, these can be named in the Schedule.

I must point out to the right hon. and learned Gentleman that the Question, "That this Clause stand part of the Bill," has been put, and that it is too late to propose his Amendment to the Committee.

I think the convenient course would be for the right hon. and learned Gentleman to accept the Bill as it stands at this stage, and to propose to amend it on Report. The Bill has been on the Paper for a long time, and I hope the present stage of the Bill will not be delayed by the discussion of the proposed Amendment.

Question put, and agreed to.

Clauses 5 to 9, inclusive, severally agreed to.

Motion made, and Question proposed, "That the Bill be reported to the House without Amendment."

I propose to put it down for Tuesday. I understand that the right hon. and learned Gentleman's Amendment will be brought forward on the Report stage.

There is no Report stage, because, in this case, there has been no amendment of the Bill.

Question put, and agreed to.

I understand that at the next stage a Motion will be made to re-commit the Bill, and that, if necessary, the Amendment of the Lord Advocate will be moved to the Schedule.

Bill reported, without Amendment; to be read the third time To-morrow.

Allotments and Cottage Gardens Compensation Bill.—[Bill 167.]

( Sir Edward Birkbeck, Mr. Finch-Hatton, Sir Henry Selwin-Ibbetson, Mr. Gurdon, Viscount Curzon, Sir Savile Crossley, Mr. Norton. )

COMMITTEE. [Progress 20th June.]

Bill considered in Committee.

(In the Committee.)

Clause 1 agreed to.

Clause 2 (Extent of Act).

If this Bill is intended to benefit certain classes of the community—that is to say, possessors of allotments—I do not see why it should not be extended to Scotland and Ireland. I have no idea of raising a protracted debate, or a debate of any undue length; and I merely ask the hon. Member who is in charge of the Bill if he would not allow this Bill to be extended in this way, or recommend it to be extended to holders of allotments in Scotland and Ireland?

Motion made, and Question proposed, "That Clause 2 stand part of the Bill."

I hope I shall get some answer to my question. When an appeal of that kind is made, if only as a matter of courtesy, the Member in charge of the Bill should say something in reply.

As regards Ireland, this Bill is only following up the Agricultural Holdings Act; and, so far as Scotland is concerned, when that Bill was introduced, a separate measure was brought in, extending the provisions of the Agricultural Holdings Act to that country, and a separate Compensation Bill can also, in this case, be brought in for Scotland if desired.

Well, even if Scotland is to be exempted, I do not see why Ireland should be left out. Has the hon. Baronet any reason in exempting Ireland? Irish labourers are a very deserving class; and when you are conferring a benefit of this kind upon English labourers, I should hope that even on the opposite side of the House there are hon. Members who would back me up, when I say that a similar benefit should be conferred on the Irish labourers.

This Bill has not been extended to Ireland, because to do so would necessitate the re-writing of the whole of it. It is not necessary to adopt the course proposed by the hon. Member, for the reason that the Labourers' Act already provides great advantages for the Irish labourer, and because there are other Acts—those of 1870 and 1881 — under which small tenants can obtain compensation. More than that, under the Act of 1860 it is competent for a tenant to obtain emblements.

I should like to know whether the Irish labourer who possesses an allotment, such an allotment as he may get under the Labourers' Act, if he tills an acre of land, or half-an-acre of land, which may be allotted to him—if he has planted fruit-trees on it, will he, if he is turned out, have any compensation for such improvement?

Under the Land Act tenants might be entitled to compensation, as I understand it.

Question put, and agreed to.

Clause 3 agreed to.

Clause 4 (Definition).

I beg to move an Amendment in page 1, line 29, after "term," to insert "not being for less than a year." I make this Amendment in the interest of a very large body of cottage tenants, partly in mining districts, who are tenants sometimes for only a week, and sometimes for only a month. It must be obvious that in the mining districts—and I know that this is the case in the mining district in which I am particularly interested—a large number of cottage tenants take cottages with gardens attached to them only by the week or month. When trade is bad, cottagers sometimes have to give up their cottages at a week's or month's notice. Now, in the case of these cottages, good landlords have very frequently as many as 30 or 40 cottagers, to whom they have let, in connection with their cottages, a considerable portion of land by way of gardens. In the case of miners, it is very desirable that they should have gardens attached to their cottages, be- cause they sometimes only work in mines for two, three, or four days a-week, and want some occupation for their spare time. There are none to whom it is so essential that they should have cottage gardens as the mining population. Well, if this Amendment is not accepted, it is clear that the landlords might be liable to have 30 or 40 of these cottage gardens thrown on their hands at a week's or a month's notice. That might happen in the case of a strike—the landlords might have these gardens thrown on their hands, and might be obliged to pay for these gardens and for produce, which could be of no possible advantage to them. What would be the result of such a state of things as that? Why it follows, as a matter of course, that those good landlords who have conferred these advantages upon their cottage tenants would be compelled, in their own interests, to refuse them in the future. They would be obliged to take away the gardens from the cottagers. ["No, no!"] Yes; I think so. The gardens would be taken away from the cottagers, and that result would work a great amount of detriment to a large number of persons.

Amendment proposed, in page 1, line 29, after the word "term," to insert the words "not being for less than a year."—( Mr. Swetenham. )

Question proposed, "That those words be there inserted."

I hope the Committee will not assent to this Amendment. It would be very hard indeed on a labourer who takes a cottage for a short time—say, from Lady Day, on the 25th of March—and crops his garden, if in July he quarrels with his landlord, and is turned out of his garden, and receives no compensation for his cropping and improvements.

The real merit of this Bill is that it extends the principle of compensation, under the Agricultural Holdings Act, to classes of tenants who otherwise might be excluded from compensation by agreements for under one year.

Question put, and negatived.

Clause, as amended, agreed to.

Clause 5 (Compensation).

Amendment proposed, in page 2, line 15, after the word "upon," insert the words "and for manure applied to."—( Sir Edward Birkbeck. )

Question proposed, "That those words be there inserted."

I am strongly in favour of this Bill; but, as an owner of some of these allotments, I must say that this word manure, as applied to land in this way, should not be contained in the Bill. From my experience, the holder of an allotment does not supply manure to the allotment, except that which is produced on the allotment, or is given to him by the farmer for whom he is working, or which he gets from the ash-pit, earth-closet, or cesspool. The only alternative to allowing manure of this kind to remain where it is is to put it on the land; and, with every wish to do whatever we can for the agricultural labourer, I must say I do not think we ought to give him compensation for manure of this kind placed upon the land.

My attention was called to this matter, and it was considered by many Chambers of Agriculture as a great omission in the Bill. In answer to the hon. and gallant Member who has just spoken, I would point out that there are many holders of allotments where there are no pigs who buy manure and place it on their gardens; and I think it only right, in those cases where the holders of allotments have paid for their manure, and that manure is to the benefit of the land, that they should not be debarred from compensation.

I do not understand the hon. and gallant Member to object to compensation being granted in respect of manure, if it has been paid for by the holder of the allotment. As the clause stands, it would give the tenant compensation for manure applied to the land from whatever source derived. If these words are to be inserted I would suggest that they be amended, so as to read "and for manure applied at the expense of the tenant to."

With regard to the case mentioned by the hon. and gallant Member opposite (Colonel Hambro) about ash-pits which are emptied upon the allotments, he must admit that the cottager puts his labour into the emptying of the ash-pits, and that in that way the manure is purchased—purchased be his labour. Though the cottager does not give money for the manure he gives his time and labour, and I do not think he should lose his labour; but these, I admit, are rare cases, compared with those where the labourer pays for the manure out and out. I think the cases which have been referred to are not common enough to render any alteration such as has been suggested acceptable.

I think that without doubt where the tenant has purchased manure he should be paid; but I would suggest to the hon. Baronet whether it would not be desirable to insert the word "purchased" before the word "manure." Unless the manure has been purchased, I do not see how any arbitrator will be able to decide what is the real value of the manure to the holder of the allotment.

I am ready to accept the Amendment of the Attorney General, to insert the words "at the expense of the tenant," if he thinks it is a matter of great importance.

I move to insert those words.

Amendment proposed to the proposed Amendment, after the word "applied," to insert "at the expense of the tenant."—( Sir Richard Webster. )

Question proposed, "That those words be there inserted."

I object to these words. The hon. and learned Gentleman must know that incoming tenants must pay the farmers large sums of money for manure they find upon the premises. The manure upon the farm is a valuable commodity for which a large sum has to be paid to the tenant who has left it by his successor. The cottager may accumulate his little heap of manure, and it will be hard that he should be deprived of the value of it, merely because he has not paid for it. If he leaves the manure on the allotment he is entitled to be paid for it as much as if he were a large farmer.

I hope the Committee will understand that I am as much in favour as any other hon. Mem- ber of giving fair compensation to a cottager for manure when he has paid for it. I certainly agree with the Attorney General's Amendment. If manure is supplied and paid for, the agricultural labourer should receive adequate compensation.

I think it will be seen that the suggestion of the hon. and gallant Member opposite (Colonel Hambro) would be a great hardship to the labourer. Supposing a labourer has an allotment and accumulates, by means of pigs, &c., a quantity of manure which he might sell for 10 s. in the open market. Suppose that, instead of selling it, he puts it upon his allotment. If, while although he has not paid for it it is worth 10 s. to him, this Amendment is put in, he would not receive a penny for it. If he had purchased 10 s. worth of manure, although it might be inferior either in amount or quality to that produced on his allotment, he would be paid for it. Then, even in a case where manure is given to the tenant, he expends time and trouble upon the hauling of it. It may be that he has to draw it in a barrow, and that he has to cover a long distance, and that in order to get it on his land he has to go to a great deal of labour. The time and trouble he devotes to this work may represent a great deal of money to him, although he has paid nothing out of his pocket in hard cash. I submit that he is entitled to be paid for this labour.

Whatever money the labourer may have expended, on his allotment is covered; but it is now proposed to pay for manure which the labourer may not have purchased. I do not intend to limit my proposal to manure which may have been bought with money, nor to exclude any expense which may have been incurred in getting any manure; but I take it that if a farmer or a landlord has given the cottager a quantity of old straw manure the cottager ought not to be able to charge for it, neither ought he to be able to do so if it is entirely the growth of his occupation of the premises. I think the words I propose would cover the case mentioned by the hon. Member opposite (Mr. Esslemont).

These words would lead to a great amount of ambiguity, and would make the work of the arbitrator very difficult. If the manure be of value the arbitrator should say so, and if it be of no value he should declare it to be of no value; therefore, I think the words of the Attorney General are unnecessary.

I should like the Amendment of the hon. Member below me (Sir Edward Birkbeck) to stand as it is. I should like to see done to the agricultural labourer very much what is done to the farmer, and I think that the difficulty of straw having been given might be very easily got over. When this Bill becomes law the landlord will know what has taken place, and will act accordingly.

However the manure is produced, I hold that the tenant of the allotment ought to be paid for it. We are simply quibbling about trifles. The object which we wish to effect is that the landlord should not get the benefit of any improvement made by the tenant without paying for it.

I deny that we are quibbling. The question is one of principle. Probably it would be well to insert negative words to effect the object desired, and I would, therefore, suggest that after the word "applied" we should add the words "otherwise than at the expense of the landlord." Then the Amendment would read, "and for manure applied otherwise than at the expense of the landlord."

I would point out that if a bundle of straw has been given to the agricultural labourer it is his property. How, therefore, can you draw a distinction between manure purchased by the labourer and that derived from straw which has been given to him? The question is, is the landlord the better for the manure, whether given or purchased, which the labourer puts upon the land? I do not see how it can be a gift if that straw or other material is given to a tenant and the tenant is not allowed the value of it, if it is of value to the owner of the land, when he leaves his holding.

Amendment to the proposed Amendment, by leave, withdrawn.

Question put, and agreed to.

I now beg to move the omission of the latter portion of Sub-section (b)—that is, to omit all the words after the word "holding" in line 15, and to insert in the place of these words "the benefit of which is exhausted." The reason which I have to advance for making this change in the law is that the labour which is expended on the holding means practically more than the crops which have been gathered; and, accordingly, I think we ought to give the labourer the benefit of his toil and labour. We ought not to give him a portion of the profits of his labour, but the entire profits. I do not see why the landlord should reap the benefit of his tenant's labour, and, therefore, I move this Amendment.

Amendment proposed,

In page 2, to leave out all the words after the word "holding" in line 15 to the end of the Clause, and insert the words "the benefit of which is exhausted."—( Dr. Tanner. )

Question proposed, "That the words 'therefrom in anticipation of a future crop' stand part of the Clause."

I should like to point out to the hon. Member for Mid Cork (Dr. Tanner), that when a farm has changed hands, it is the business of the valuer to put down the value of the work that has been done, and I take it that valuers will follow the same practice in connection with gardens and allotments. It would be for the valuers to determine whether work which was claimed for was of so much value, or of less value.

That is the ordinary rule. Valuers discover what is the unexhausted value of a holding; but here they will be prevented from valuing any labour, save the labour which has been applied since last crop. The tenant may improve his holding, and if the value of the labour expended is unexhausted I do not see why the tenant should not get the benefit to the extent of that unexhausted value. I may also point out that under the Irish Land Act unexhausted improvements are always taken into account. It is specially provided that the benefit of unexhausted works should not go to the person who puts the tenant out. This is a very small point, and I do not see why we should depart from the usual principle. I hope the Committee, therefore, will accept this Amendment, which does not put the slightest hardship on the landlord, but merely calls upon him to pay the value of what he takes from the tenant.

I hope the Committee will not accept this Amendment, for it will only complicate matters, and will take away entirely the simplicity of the Bill.

May I point out that we do not propose to leave out the word "simple," but we propose to make the sub-section read thus—"for labour expended on the holding, the benefit of which is unexhausted." I do not see that there will be any great difficulty in ascertaining the amount of the benefit which is unexhausted. May I also point out that, under the clause as it stands, the landlord would have to pay for labour which has been uselessly or improperly expended on the holding since the last crop was taken off? I think it is unreasonable that a landlord should pay for labour which has not improved the holding, which is of no value to him or to any other man. Under the Amendment we propose the landlord will not have to pay for the labour thus thrown away, but only for that labour the benefit of which he gets.

The hon. Gentleman is referring to an Amendment which has not been moved. The Amendment which has been moved is, "That the words 'therefrom in an anticipation of a future crop' stand part of the Clause."

I have followed exactly the Amendment which is on the Paper, which is to leave out the words after the word "crop," and the omission of these words was put to the Committee.

I rose, not for the purpose of proposing the exact Amendment I had on the Paper, but of submitting an amended Amendment. I do not know whether I was quite in Order; but I consider the suggestion I have made is an improvement on what I had on the Paper. What I intended was to move the omission of all the words of the clause after the word "holding" for the purpose of inserting the words "the benefit of which is unexhausted;" and I may add, Sir, that it will really read a great deal better if amended as I propose than it does at present. As the clause stands in the Bill it is rather ambiguous; it is worse than that; it is distinctly not very good English; it does not make very good sense. If the hon. Member, taking every one of these facts into consideration, accepts my Amendment, he will, I am sure, confer benefit upon the labourer, and, moreover, confer a certain amount of honour on himself, because he will add a law to the Statute Book which will be in comely, seemly, and grammatical language.

Question put, and agreed to.

Motion made, and Question proposed, "That Clause 5, as amended, stand part of the Bill."

Before you put the clause, Sir, I desire to make just one remark, and that is that there is no provision made in this clause to protect a tenant's property in any hay-stacks he may have upon his holding. I do not know whether it is essential that there should be such provision; but, from what I know of cottagers' gardens, I can assure hon. Members in charge of the Bill that there are cases in which cottagers have small haystacks. I merely suggest that some protection should be afforded, and if I am not right in my interpretation of the Bill I am sure the hon. Baronet (Sir Edward Birkbeck) will excuse me. There is another omission which strikes me very forcibly. Supposing a tenant has put up on his holding little outbuildings such as piggeries or others, would these be included under the expression of labour expended on the holding? I think that if you are going to protect the tenant's property in his holding at all, you should protect his interests in piggeries or other little outbuildings.

I think the hon. Member will find that the Bill will cover the cost of haystacks; but he must remember that the Bill does not deal with buildings at all.

I should like to suggest to my hon. Friend in charge of the Bill that there is one omission in this sub-section. There is nothing in the sub-section to show that the labour which has been expended on the holding is for the advantage of the holding. I suggest to my hon. Friend that it would be well to add some words such as these, for example, "which is for the benefit of the holding." Is it perfectly clear that the valuer will be precluded by the words of the clause from estimating compensation for labour which may have been expended on the holding, and which may not have been for the advantage of the holding, but the reverse—misdirected labour? I do not see that on the face of the clause the arbitrator will have any choice in the matter—he will not be able to consider whether labour has been disadvantageous to the holding.

I was rather astonished when I saw the noble Viscount rise to address the Committee. I thought he was going to endorse what I had previously suggested; but my astonishment soon left me, for I found that the noble Viscount was only anxious to secure another advantage to the landlords. Before you put the clause, Sir, I should like to make another suggestion, and that is that after the word "crop" these words be inserted, "and such other benefits to the holding as may accrue from the labour applied thereon."

The Question has been put, "That the Clause, as amended, stand part of the Bill."

Question put, and agreed to.

Clause 6 (Deduction from compensation on account of rent or breach of contract).

I beg to move the omission of the words, in line 19, "or of any breach of the contract of tenancy committed by the tenant." The object of my Amendment will, I think, commend itself to the promoters of the Bill; because I think they may fairly claim some merit for having introduced in the previous clause the words, "notwithstanding any agreement to the contrary." The object of my Amendment is to prevent the benefits given by the Bill being contracted out of by a side wind. It is perfectly obvious that, under the words of the clause as it at present stands, it may be possible to introduce stipulations into the contract of tenancy, which may result in making the sums due to the landlord much greater than that due to the tenant. In such a way the benefits of the Bill might be evaded.

Amendment proposed,

In page 2, line 19, to leave out the words "or of any breach of the contract of tenancy committed by the tenant."—( Mr. Channing. )

Question proposed, "That the words proposed to be left out stand part of the Clause."

May I point out to the hon. Member that the mischief he desires to guard against is expressly met by the words of Section 5 "notwithstanding any agreement to the contrary." Any attempt to contract out of the Bill by a side wind is expressly covered by Section 5.

I cannot in the least admit that the object of my Amendment is met by the words quoted. The hon. and learned Gentleman has not answered my point, which is that stipulations may be introduced into the contract of tenancy and penal rents be imposed for any breach of such stipulations, and thus compensation may be evaded.

Question put, and negatived.

On the Motion of Sir EDWARD BIRKBECK, the following Amendment made:—In page 2, line 19, after "tenancy," insert "or wilful or negligent damage;" in same line after "committed," insert "or permitted."

Clause, as amended, agreed to.

Clause 7 agreed to.

Clause 8 (Appointment of arbitrator).

I beg to move the omission of all the words after "appointed," in line 28, to the end of the clause, and to insert—

"By the County Court on the application of either the landlord or the tenant, or by the Land Commissioners for England if the tenant so requires."

It seems to me an extraordinary proposal that the appointment of an arbitrator should be assigned to the Justices of the Peace. It seems to me not less surprising that such a proposal would come from the opposite side of the House in face of the fact that, only a few days ago, Lord Salisbury expressed considerable doubt as to placing powers in regard to allotments in the hands of Justices of the Peace. I do not think there would be any general, certainly there would not be an universal, concurrence in the choice of the Justices as the means of appointing an arbitrator, or that they would command the confidence of those chiefly interested. I agree with the remark the hon. Member for Essex (Mr. Gray) made on a previous Amendment, that we should, as far as possible, assimilate the position of the allotment holder to that of the tenant farmer—in fact, that we should extend the provisions of the Agricultural Holdings Act to the allotment holders as far as possible. My own view is that, while I approve the object of this Bill, I think a far better and more convenient way would be to remove the restrictions of the Agricultural Holdings Act, and to simplify and cheapen the procedure under that Act. The Amendment which I propose carries out that object so far as it can be carried out in this Bill if it passes into law. We would substitute the procedure of the Agricultural Holdings Act for the somewhat extraordinary procedure proposed by those who bring in this Bill.

Amendment proposed,

In page 2, line 28, to leave out all the words after the word "appointed" to the end of the Clause in order to insert, "by the County Court on the application of either the landlord or the tenant, or by the Land Commissioners of England if the tenant so requires."—( Mr. Channing. )

Question proposed, "That the words proposed to be left out stand part of the Clause."

I would point out to the hon. Member that there is great difficulty in arriving at who are the best authorities to appoint in this matter, and probably that when the Local Government Bill is passed, there would be a new authority to deal with it. A great many labourers have agreed with me that the magistrates in Petty Sessions are the easiest for them to get at. I would point out also that the amount of compensation to be received by any labourer would not in some cases exceed from 15 s. to 20 s., and that if this Amendment were adopted the labourer would probably be landed in an expense above and beyond the amount which he asks for as compensation.

I wish to say that the appointment of an arbitrator is quite within the power of the parties who disagree. There is a great deal of force in the suggestion of the hon. Baronet. I agree that it is a very difficult thing to get at a tribunal which is both efficient and independent; and in saying that I am myself speaking as one of the great unpaid. I agree that in all cases it would be better that some person in whom the tenant has confidence should be called upon to decide. It is only in the event of the labourers not having sufficient confidence that justice will be done by the unpaid magistrates that we wish this proposal to take effect. We have no other way in which we can provide a substitute in the event of the labourer not trusting to the magistrates, and I am bound to say that there are plenty of districts where they do not trust them. It is in that case that we wish an absolutely independent and economical system of arbitration should be arrived at. Again, we do not propose to take the tenant into the County Court; we only wish to give the labourer the option of going to what he supposes to be a more independent tribunal—to have an arbitrator appointed.

I trust the hon. Gentleman will not think it necessary to press this Amendment. The two tribunals suggested are the County Court and the Land Commissioners, which latter have their place of business in St. James's Square; and I venture to think that to bring them into play would be to render the whole proceeding an absurdity. Again, let the hon. Gentleman think for one moment of the position of the Justices, many of whom are on the Boards of Guardians, and sit week after week, and certainly in nine cases out of 10—I might almost say 99 cases out of 100—I believe the labourers would be able to agree as to one of them. It would be better to go to a body of men who are in the county, and well known.

I venture to hope that this Amendment will be withdrawn, because I am sure, if it is pressed, the Bill will in nine cases out of 10 not only be of no use to the labourers, but land them in positive loss. We know that when the Bill dealing with farm lands was before Parliament, we had great difficulty in getting the House to consent to the two acres area, because the difficulty of dealing with holdings so small was such that the whole machinery for dealing with large holdings would have to be applied to it. It has always been a difficulty to me to deal with these holdings, and I think the hon. Baronet is to be congratulated in selecting a most workable plan. We must remember that in 90 per cent of these cases the compensation will amount to 5 s., 10 s., and, in some cases, to 15 s. and upwards. The very first cost would be the appointment of an arbitrator by the Judge, whose fee for valuation would be a guinea, and thus, even in the case of compensation on the highest scale, the labourer would be landed in a loss. It is of no use to attempt this experiment at all unless we have the simplest form of procedure, and I venture to say that even then the men must rely on the gratuitous and friendly service of someone in their neighbourhood. I hope the hon. Baronet will not load the Bill with an impossible condition which will not carry out the object he has in view, because, for the most part, the holdings are so small that we must rely on the landlord and tenant agreeing to a friendly and gratuitous arbitration, which I have no doubt will, as a rule, be found; and I would remark here that the reference of Lord Salisbury was to the Quarter Sessions, which is a very different thing from the Petty Sessions, the one being local persons and the other a county body.

I venture to think that the best way to proceed in this matter would be to substitute for the Petty Sessions the Board of Guardians, because a large proportion of that body is elected by the ratepayers of each parish, and some of them also are likely to be the very Justices of the Peace, to whom, under the Bill as it stands, the labourer would have to apply. The proposal has also this recommendation—that you will be sure to have someone on the Board acquainted with the actual parish in which the case occurs. For these reasons I believe that the Board of Guardians would be more satisfactory to the labourers than either the County Court or the Justices of the Peace alone.

I, of course, disapprove the way in which the clause is drafted, because I know that, however worthy the Justices of the Peace may be, there are many of them who do not command the confidence of those whom this Bill is in- tended to benefit; and when you look at the extensive powers conferred by Clauses 14 and 16, by which you put the whole decision in these matters into the hands of one party—because that is what is practically the case, by allowing the landlords to decide for or against the claim—it seems to me very much like putting a mouse into the mouth of a cat. ["No, no!"] I do not mean my remarks to apply to all magistrates, but I say, for very good reasons, that there are many cases in which you cannot expect the people who are intended to be benefited to have confidence in the Justices of the Peace. With regard to the proposal made by the Mover of this Amendment, I do not think that to apply to the County Court Judge would be the best course to take, nor am I sure that the proposal made by the hon. Member for Launceston would meet the case, although it would go near to do so, because the Guardians are not liked, as a rule, by the labourers, whose qualifications do not always come up to the elective limit, and because, in many cases, the farmers, who are Guardians, are opposed to the claims of their labourers. I am desirous of seeing the least expensive and most efficient machinery adopted, and I suggest the consideration as to whether the usual plan of arbitration would not be more satisfactory than the plans which have been put forward—an umpire being appointed by the arbitrators in case of need. There would be no difficulty about this. We presume that the persons acting would not be professional gentlemen, but friends and neighbours taken from the immediate neighbourhood. This, as I have said, would be the usual practice, and the suggestion appears to me to be better than either of the proposals made.

Question put, and negatived.

Clause agreed to.

Remaining Clauses agreed to.

Bill reported; as amended, to be considered upon Monday next, and to be printed. [Bill 306.]

Motion

Distressed Unions (Ireland) Bill

On Motion of Mr. Arthur Balfour, Bill to make better provision for the administration of the Acts relating to the relief of the Destitute Poor in certain parts of Ireland; and for other purposes connected therewith, ordered to be brought in by Mr. Arthur Balfour, Mr. Solicitor General for Ireland, and Colonel King-Harman.

Bill presented, and read the first time. [Bill 307.]

House adjourned at a quarter before Two o'clock.