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the difficulty where both were bad. A VISCOUNT GALWAY was of opinion good tenant would be compensated, and that the notice should be “six months" a bad one would have to pay his land- to all intents and purposes. lord for his neglect, and surely that met MR. KNIGHT said, that the tenant the difficulty. A tenant required a farmers would be disappointed if in any longer notice to quit under the new cases they were deprived of the protecsystem of farming now in use than tion of the 12 months' notice, and hoped formerly. He considered a year's notice that the Government would retain the a fair and reasonable proposition, and clause. believed that it would cripple the MR. NEWDEGATE said, that the farmers if the term of notice was re- Bill, as it came from the other House, duced to six months.

was a Bill which a landlord was very SIR WILLIAM HARCOURT ob- likely to contract himself out of, and the served, that the noble Lord the Member invidious duty was cast upon the House for Haddingtonshire (Lord Elcho), who of Commons of protecting those who had, among other hon. Members, given would not protect themselves. Hon. the Committee the benefit of their views Members, however, had also to consider on this question, represented a county what the farmers would say, and were which was distinguished by having likely to be called to account by them perhaps the greatest agriculturist in for neglecting their interests. He should the United Kingdom. He referred to support the Amendment. Mr. Hope, of Fenton Barns, and his MR. KNATCHBULL - HUGESSEN tenancy had been terminated. It would said, that if this Amendment passed be of great advantage to the Committee there would be two great classes of tenanif the hon. Member for South Norfolk cies-one with six and another with 12 (Mr. Clare Read), whom he saw sitting months' notice. Upon matters of this on the Treasury Bench, would inform kind the Government might always rely them of the opinion of the tenant farmers upon his vote, and he should therefore upon this subject. He understood the oppose the Amendment. hon. Member for Mid-Lincolnshire to MR. DISRAELI said, it was quite say that the tenant farmers did not de- true, as the House had been once resire the substitution of 12 months for minded by the right hon. Member for six months; but he (Sir William Sandwich (Mr. Knatchbull-Hugessen), Harcourt) had observed in the papers that he was at one time in favour of a in the agricultural interest that the one two years' notice to quit; but it would thing which the farmers valued in this have been more ingenuous to have added Bill more than anything else was the 12 that this notice was offered as an altermonths' notice to quit. If a man was native for compensation for unexhausted turned out of his employment it was a improvements. Therefore, when the great hardship not to allow him ade- | Government brought forward a measure quate time to find fresh employment for which secured compensation for unexhis capital. Most of the Amendments hausted improvements, he was perfectly made in the Bill had been made in the free, on the subject of notice to quit, to interests of the landlords and not of the take any course that he thought fit and tenant farmers. He should have thought best for the country. As far as regarded a proposal which had come down from his original proposition of two years, his the House of Lords would not have mind was a complete tabula rasa when, been objected to by the supporters of with much larger information derived the Bill.

from all parts of the country, and after MR. RODWELL expressed a hope ascertaining what was the predominant that the Government would not accede to feeling of the country, he was called the proposal to alter the clause. He upon to consider the opinion of the other denied that the Amendments made in House as expressed in this Bill. In the Bill were unfair to tenants ; but revising the relations of landlord and admitted this would be so, it tenant, the other House had adopted 12 would expose them to the caprice of a months' notice as a period more adapted landlord. He did not need the six to the circumstances of the present day months' notice for his own protection, than the period of six months; they had, because he could claim compensation for after much reflection, and with a due waste or neglect.

sense of their responsibility, fixed upon


this term, and he was not disposed to

MR. DISRAELI said, he had proalter it now.

posed that, if the Committee on the THE MARQUESS OF HARTINGTON Agricultural Holdings (England) Bill thought there had been on both sides had not concluded its labours to-night, a disposition to exaggerate the import- the Bill should be resumed to-morrow, ance of the question. It would be quite at half-past 4. Progress would be rea mistake to decide this question as if it ported, in order that the Merchant Shipwere one between landlord and tenant; ping Bill might be brought in. it was as much the interest of tenants to enter upon farms in a good state of cul- Motion agreed to. tivation as it was the interest of land- Committee report Progress; to sit lords they should do so. The only ques- again To-morrow. tion was, which was the most convenient term ? No doubt, the two years propo- EAST INDIA HOME GOVERNMENT (APPOINTsition was made with the object of se

MENTS) BILL. curing the return of invested capital ; ' . Resolution (July 26] reported, and agreed to :that could not be secured by one year's Bill ordered to be ought in by Mr. RAIKES, notice, which, on the other hand, was Lord George Hamilton, and "Mr. WILLIAM too long to enable a bad tenant to take HENRY SMITH. all he could and more than he ought.

Bill presented, and read the first time. (Bill 272.] He could not see the advantage of the proposed Amendment, and thought, on

SHERIFFS SUBSTITUTE (SCOTLAND) BILL. the whole, that it would be better to

Further proceeding on Report resumed.

Resolution [July 26] reported, and agreed to : adopt the clause as it stood in the Bill.

-- Bill ordered to be brought in by Mr. RAIKES, MR. ASSHETON moved to amend The LORD ADVOCATE, and Mr. Secretary Cross. the Amendment, by inserting the word Bill presented, and read the first time. [Bill 273.] February before April. MR. CHAPLIN, with reference to the

House adjourned at Two o'clock. remarks of the Prime Minister, said, that if there was a predominant feeling in the country in favour of 12 months' notice, it was an uneducated feeling. He should take the sense of the Committee


his Amendment. MR. GREENE said, the object of the

Wednesday, 28th July, 1875. Bill was to protect the incoming and the

MINUTES.] - Public BILLS- OrderedFirst outgoing tenant, and he hoped Her

Reading-Unseaworthy Ships [274]. Majesty's Government would adhere to Select Committee--Report—Registration of Trade the clause.

Marks (No. 365.]

Committee - Agricultural Holdings (England) Amendment (Mr. Assheton) negatived. (re-comm.) [222] R.P.; Local Govern

ment Board's Provisional Orders ConfirmaAmendment proposed to the proposed

tion (Abingdon, Barnsley, &c.) (re-comm.) Amendment, by inserting in line 2, after

[271]—R.P. the word “ of,” the word “ March.”. Committee Report - Metropolitan Board of (Mr. Chaplin.)

Works (Loans) * [237]; Public Health (Scot

land) Act, 1867, Amendment (re-comm.) Question, “That the word "March' be inserted in the proposed Amend- Third Reading— Traffic Regulation (Dublin) ment,” put, and agreed to.

[244]; Justices of the Peace Qualification

(151); Legal Practitioners * [46], and passed. Question put,

Withdrawn-Intoxicating Liquors (Sundays) * “ That the words unless the year of tenancy

[15] ; Medical Act Amendment (Foreign shall have commenced in the months of March,

Universities) * [103]; Education (Scotland) April, or May' be inserted after the word

(Sutherland and Caithness) * [145]; Publicans

Certificates (Scotland) * (256). same, in line 12."

The Committee divided : Ayes 21; Noes 200: Majority 179.


GISTRATES-CASE OF SARAH MR. WHITWELL moved that the Chairman report Progress.

CHANDLER.-QUESTION. MR. DILLWYN asked what would Mr. R. POWER asked the Secretary be the Business taken to-morrow ?

of State for the Home Department, If Mr. Disraeli

his attention has been called to the serious attention during the Recess. For Reverend Canon Moore's speech as re- myself, I can readily promise him that no ported in the “Spalding Free Press," pains will be wanting on my part to in which paper he is reported to have collect any further information which stated

may be required for dealing with the “That he had to defend himself against the subject effectively. House of Commons, who were misled by the representation from the Home Secretary that he had denounced us; that he had in some measure

PARLIAMENT_ORDER OF BUSINESS. or other conveyed to the magistrates of this

QUESTION. OBSERVATIONS. bench his disapproval of their sentence. The only communication we have had from the

MR. MITCHELL HENRY said, he Home Secretary was rather complimentary desired to ask a Question of the Speaker than otherwise, and was simply in effect that he with reference to certain proceedings in felt bound to reverse the sentence.'"

that House when an important Motion And, if there is any objection to lay which was put down on the Paper for upon the Table the Correspondence be- the Evening Sitting, in reference to the tween the Home Secretary and the Government taking Tuesdays and WedReverend Canon Moore ?

nesdays for the remainder of the SesMR. ASSHETON CROSS : Sir, as a sion, was allowed to be put and carried magistrate of long standing, if I had at the Morning Sitting. As he desired sentenced a person to four years' im- to made a short statement on the subprisonment and received a communica-ject, he would conclude by moving the tion from the Secretary of State for the adjournment of the House. His hon. Home Department stating that he felt and learned Friend the Member for bound to peremptorily reverse the de- Limerick (Mr. Butt) had for some time cision, I should have accepted such a an important Motion on the Paper for communication as being a severe rebuke the 3rd of August, calling attention to . rather than as—"rather complimentary the unsatisfactory mode in which Irish than otherwise;" and I cannot but think Business had been dealt with this Sesthat the rev. gentleman showed by the sion, and which, doubtless, would have letter which he wrote to the Home Office led to an important as well as interestthat he felt it as a rebuke in the sense ing debate. The Prime Minister some that the same thing should not occur time ago, however, announced his inagain. I have no objection to lay the tention to propose that Tuesdays and Correspondence on the Table.

Wednesdays, including Tuesday, the 3rd August, be devoted to Government

Business in the first place. On becoming POLLUTION OF RIVERS-LEGISLA

acquainted with it, the hon. and learned TION.- QUESTION.

Member for Limerick announced that MR. TENNANT asked the President he would give a decided opposition to of the Local Government Board, Whe- the proposal, but he was obliged to leave ther, having regard to the pressing ne- London for a day or two on business. cessity of some measure for prevention Yesterday the Secretary to the Treasury of the pollution of rivers, Her Ma- moved the Resolution at the Morning jesty's Government will give an assur- Sitting, in the absence of several hon. rance that they will early in the next Members, who had no Notice that it Session introduce a Bill for that object, would then be brought on, but, on the and will in the meantime make such contrary, were left under the impression inquiries and investigations as will en by a Notice on the Paper that it would able them to deal effectively with the be made at the Evening Sitting. Now, whole question ?

the Question he wished to ask was, MR. SCLATER-BOOTH: Sir, it is Whether it was for the future to be rather early days for the Government to understood that Motions or Orders put pledge themselves as to what specific down for an Evening Sitting could be measures may form part of their pro- taken at a Morning Sitting, or intergramme for next Session; but my hon. changeably, and without previous NoFriend may rest assured that the pollu- tice—whether the privilege claimed by tion of rivers is a subject of so much Government was open to private Memimportance, and of such growing in-bers ? He begged to move the adjournterest, that it cannot fail to occupy their ment of the House.

Motion made, and Question proposed, were many Members like himself who " That this House do now adjourn.". considered it their duty to remain night (Mr. Mitchell Henry.)

after night until the rising of the House,

in order to keep a check on this tendency MR. SPEAKER: With reference to to irregularity on the part of the Gothe Question which the hon. Member for vernment. He believed that in the preGalway has put to me on the subject of sent case a hundred Members had stayed the Motion made yesterday with regard to away in the morning under the impresthe conduct of Business, I have to state sion that the Motion of the Secretary to that when that Motion was made I said, the Treasury would be preferred at the as will be in the recollection of the Evening Sitting. House, that to take the Motion in that MR. MITCHELL HENRY said, that manner, out of its turn, was most unusual; after eliciting such a satisfactory answer but that, as it related to the Business of from the Speaker, he would be happy to the House, it could, with the general withdraw his Motion. Though hon. assent of the House, be taken out of Members who were present did not obits turn, at the Morning Sitting. Hav- ject, it was absent Members who were ing stated that that could not be done interested. without the general assent of the House, I then put the Question "Is it the

Motion, by leave, withdrawn. pleasure of the House that the Question be now put ?” There was no dis- AGRICULTURAL HOLDINGS (ENGLAND) sentient voice to that appeal, and the

(re-committed) BILL.-[Lords.]—[BILL 222.] Question was therefore put from the

(Mr. Disraeli.) Chair; but if there had been a single dis- COMMITTEE. [Progress 27th July.] sentient voice, I should have submitted

Bill considered in Committee. to the House that such a Question could not be put.

(In the Committee.) In answer to the hon. Member, I have to say that it would be

Notice to Quit. quite irregular to take a Motion out of Clause 43 (Time of notice to quit). its turn, except with the general assent MR. MELDON moved, in page 12, of the House, and on a question relating line 12, to leave out at the end of the solely to the conduct of the Business of clause the following words:

« But the House.

nothing in this section shall extend to a MR. ROEBUCK: Do I understand case where the tenant is adjudged bankyou to mean, Sir, by “ general assent” rupt." It would be unfair to the universal assent?

creditors generally if these words were MR. SPEAKER: Yes, the universal retained. assent of the House; if there had been SIR GEORGE JENKINSON said, the a single “No” in answer to my appeal effect of the Amendment would as to the pleasure of the House, it would nothing more or less than to abrogate have been my duty to decline to put the virtually, if not actually, the law of disQuestion.

traint. ["No, no!" MR. DODSON considered it was clear MR. MELDON denied that it would that a Motion should not be taken out of have that effect, as landlords would be its turn. He hoped the hon. Member entitled to be paid in priority in cases of would withdraw his Motion, and that bankruptcy. Such an interpretation was Tuesday's proceeding would not be to him quite a new reading of the law taken as a precedent.

of distress. MR. MELDON said, that the rule THE ATTORNEY GENERAL opjust laid down by the Speaker was the posed the Amendment, on the ground same as he understood was stated yester- that as the Bill was, as a general rule, day. He thought that hon. Members making provision for extending the time had yesterday agreed to waive their during which notice to quit was to be right, for though the hon. Member for given, it was desirable to retain the Louth (Mr. Sullivan) spoke against it, exception in question. His hon. and when the Question was put there was no learned Friend the Member for Kildare negative. He trusted what had occurred was quite correct in stating that the would induce the Government to be more landlord had a preferential claim in regular in their proceedings. There cases of bankruptcy to that of the trade

be of re

creditor; but the clause, which was not the Census Report of 1871, that the sysin the Bill as originally introduced, had tem of leases and large farms tended to been adopted by the House of Lords the diminution of the agricultural popuafter full and careful consideration. lation

MR. NEWDEGATE said, that the “The agricultural class alone exhibited the question of the length of notice to quit, most marked decline. In 1861 that class numwhich he thought had been very hastily bered 372,247 workers, and thus constituted treated on the previous night, or rather 26-45 per cent of the total persons engaged in

occupations. In 1871 only 270,008 persons were early that morning, involved the interests engaged in agricultural pursuits, constituting of the English tenants of the middle- only 18-39 per cent of the total persons engaged sized and far smaller farms in a direc- in occupations. The agricultural class had thus tion and to an extent that the Commit- within 10 years experienced a decrease to the tee had scarcely appreciated. The whole enormous extent of 102,239 persons, being 37-8

per cent of decrease. A decrease has been extenour of the Bill was to create a new hibited at all the decennial Censuses since right in the tenant-a right to recover 1821, but in none so markedly as between 1861 compensation for outlay in the improve- and 1871." ment of the farm, which had not been They found that the same process was recouped by increased produce. That now going on in England, and the distended to increase the liability of the turbance which had been fomented belandlord; the presumption upon which tween the farmers and the labourers the right was to be founded was, that would tend to accelerate what he believed the capital of the landlord was to be to be a great national evil. The Census used hereafter as the security for the for England and Wales showed that in improvements made by the tenant. To the year 1851 the holdings ranging from invalidate or to impair the power 50 to 250 acres numbered 60,864 ; in covery of rent in arrear by the landlord 1871 they had fallen to 51,460. In 1851 would be manifestly inconsistent with the holdings from 300 acres to 700 acres the expectation that he would consent numbered 6,908; in 1871 they had into furnish, by becoming security for the creased to 7,370. He might be asked tenant, capital that he had not hitherto why he alluded to that matter on the provided for the cultivation of the farm. question of the notice to quit. In the If the period of notice to quit were ex- case of the smaller holdings landlords tended from six months to a year, which were essentially partners with their tein many cases would be practically to nants in carrying out improvements, nearly two years, it was manifest that and if the landlord were impeded in unless additional provisions of law were giving effect to notice to quit, which adopted, the extension of the period of was his remedy against rent falling into notice must invalidate, to a great ex- arrear and against waste, the process of tent, the power of the landlord promptly leasing land for considerable periods, of to recover rent in arrear; in fact, whe- enlarging farms and of suppressing the ther as to rent or as to compensation smaller holdings would be still further for improvements, it must disincline the accelerated. The fact was, that unless landlord to give credit to his tenant. further provisions were inserted, the Now, it was in the case of the middle- tendency of simply extending the period sized and smaller holdings that the of notice to quit must tend to deprive capital of the landlord was most largely the smaller tenantry of the credit the employed in the cultivation of the farm, landlords habitually extended to them. when held from year to year; it was in It was most inexpedient to disturb the these cases that the partnership of the yearly tenure of land in England; it landlord with the tenant was the most represented a partnership between the direct. Long leases, such as prevailed landlord and tenant which had been in Scotland, interrupted this partnership. most beneficial to the community in Tenure by lease required à tenant of England; he had always adhered to the larger capital, and the tendency of leases opinion that there ought to be on every was to enlarge the farms, and thus to estate a certain number of small holdabsorb the smaller tenantry. He (Mr. ings, of such a size that the most inNewdegate) held that that process of dustrious of the labourers might aspire absorption was, in a national sense, to become tenants of them. He had highly deleterious. Scotland was the illustrat this in practice on his own land of leases, and he would show from estates. One of his best farms was held VOL. CCXXVI. [THIRD SERIES.]


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