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if they have not been so tested, if he | Act, 1875. I am unable to state whewould explain why? ther application was made to any ExChancellor, Judge, or other person having the qualification required by the Act of 1872 to accept the office before Mr. Reilly was appointed. The power to appoint an arbitrator was placed by the Act of the present Session in the hands of the Lord Chancellor, who is alone responsible for the appointment he has made.

LORD EUSTACE CECIL, in reply, said, that complete answers would involve too much detail, and would also lead him into scientific controversy which had better be carried on outside the House. It was from no want of courtesy, but with a view to save the time of the House that he gave brief Answers to somewhat unusual Questions, which were more fit to be put to men of science and constructors and manufacturers of heavy guns than in that House. The system on which the 81-ton gun was to be rifled was the present, or Woolwich system. Heavy guns were not fired continuously with battering charges, and he could not say what was the greatest number of charges ever fired from any 35 or 81-ton gun without requiring repairs. The process of re-venting could be performed at sea if required. A reserve of heavy guns was maintained at their stations abroad to meet casualties in the fleets, and therefore the ships need not be sent home. The tests to which their heavy guns were subjected and the experiments made showed that they would stand the practical tests of war.

CAPTAIN PRICE gave Notice, that in consequence of the unsatisfactory nature of the noble Lord's reply as to the battering charges, he would move in Committee of Supply on the Naval Estimates, that it was undesirable to proceed with the Inflexible or any ship carrying 81-ton or other heavy guns, until those guns had been subjected to a trial such as they might reasonably be expected to undergo

in war.

EUROPEAN ASSURANCE SOCIETY

ARBITRATION ACT-APPOINTMENT OF

MR. REILLY.-QUESTION. MR. STACPOOLE asked Mr. Attorney General, If Mr. Reilly, the Parliamentary draftsman, has been appointed Arbitrator under the European Arbitration Act, 1875; and, if application was made to any Ex-Chancellor, Judge or other person having the qualification required by the Arbitration Act, 1872, to accept the office, before appointing Mr. Reilly; and, if so, to whom?

THE ATTORNEY GENERAL: Sir, in answer to the Question of the hon. Member, I have to state that Mr. Reilly has been appointed Arbitrator under the European Assurance Society Arbitration Captain Price

CHINA-MURDER OF MR. MARGARY
AT MANWINE.-QUESTION.
SIR GEORGE CAMPBELL asked

the Under Secretary of State for Foreign Affairs, Whether at the very time when the Indian Government has been pressing on one side for access to the scene of the murder of the late Mr. Margary, under circumstances which have occasioned great complications, on the other side where we have already direct relations with the Chinese Government, an inquiry by British officers into the circumstances of the murder, to which that Government has consented, is now delayed for no other reason than the heat of the weather; and, if so, whether Her Majesty's Government will consider the necessity of insisting on greater expedition; and, whether it is true, as stated in some of the public prints, that a pecuniary indemnity for Mr. Margary's death has been sought at the hands of the Chinese Government; if so, who has suffered pecuniary loss by that sad occurrence, and for whose benefit an indemnity was sought?

MR. BOURKE, in reply, said, that no doubt the heat of the weather in China had been one reason for deferring the inquiry referred to, and it was the first duty of Mr. Wade to consider the health of the persons under him. The mission would probably start before long; but there were other causes besides the hot weather which prevented it from starting-causes which related to the state of the country both on the side of Burmah and of China, as well as other considerations concerning political complications. With regard to the indemnity, until all the negotiations were completed, the Government did not think it would be desirable to make any public announcement upon the subject.

MERCHANT SHIPPING ACT, (1873)—
THE BARQUE "STANLEY."

QUESTION.

MR. GOURLEY asked the President of the Board of Trade, Whether the conduct of an officer of the Board of Trade was in accordance with the twelfth sec

tion of "The Merchant Shipping Act, 1873," when he demanded of and took from the master of the barque "Stanley" of Sunderland, his sailing register in July, 1874, when the said master was in the act of preparing his vessel for the survey and repair under the superintendence of Lloyd's surveyors?

viding for foreign merchant vessels being provided with translated instructions for the use of the rocket apparatus employed for saving life from wreck on our own coasts?

SIR CHARLES ADDERLEY: Sir, the Board of Trade have communicated with foreign Governments on the subject of the rules for using the rocket apparatus now generally adopted, and have sent them copies of the English rules, with the view of their being translated and put up on board foreign ships. The Board of Trade have always had printed rules for using the apparatus inserted in logs and other ship papers, and they require every master and mate to be examined in the use of the apparatus before he gets his certificate. Believing that the present apparatus is the best yet submitted, the Board of Trade have caused metal tablets with regulations to be furnished to British shipowners free of charge, to be put on board under directions of their surveyors. Her Majesty has commanded that two of these tablets shall be put on board Her Royal yacht. The tablets are also prepared in German and French, and can be procured in this country, and copies will be sent to foreign Governments.

SIR CHARLES ADDERLEY: Sir, the Stanley sailed from Sunderland in July last, and, having struck on a rock off Filey, ran back into the Tyne. The Board of Trade surveyor inspected her, and reported that she was unfit to go to sea without repair. Having reason to believe that she was about to be patched up and sent for repairs to Sunderland, he reported this, and the Board of Trade detained her. Instead of putting a Customs officer on board, the Collector of Customs, for the convenience of the owner and to save expense, obtained her certificate of registry, and held it while she was being repaired under Lloyd's surveyors. The Board of Trade surveyor did not interfere, but reported AGAINST THE PERSON ACT AMENDwhen repairs were sufficiently well done, upon which the certificate of registry was returned. All fees and expenses were remitted, and she went to sea again. The House will therefore see that the real facts of the case are the reverse of what is implied by the statement which the hon. Member has received, and which has remained about a fortnight on our Notice Paper.

MR. GOURLEY said, in consequence of the hon. Baronet's Answer, he should take an early opportunity of calling the attention of the House to the question, simply to put the House right in respect to the facts of the case, and to show that since the Question had been on the Paper

there had been four counts out.

MERCANTILE MARINE-ROCKET

APPARATUS.—QUESTION. LORD CLAUD J. HAMILTON asked the President of the Board of Trade, Whether any convention or arrangement exists with Foreign Governments pro

PUBLIC BUSINESS-OFFENCES

MENT BILL.-QUESTION. MR. MUNDELLA said, he wished to know whether this Bill, which was the third Order on the Paper, would be taken that night? Perhaps the Home Secretary would state whether it was his intention to move that the Order be discharged?

MR. ASSHETON CROSS, in reply, said, that the House would allow him to state that before the Government brought in this Bill they took pains to obtain accurate information both in England and Scotland from stipendiary magistrates, chief constables, and others. A mass of evidence thus obtained was laid upon the Table, and a Bill was brought in by the Government. He did not think this was a question which should be dealt with by what might be called panic legislation. He was neither surprised nor sorry to find that there was a disinclination to go back to personal flogging, unless it was proved to be absolutely necessary; but, at the same time,

COUNTY COURTS-IMPRISONMENT
FOR DEBT-CASE OF WILLIAM

SMALLBONE.

PERSONAL EXPLANATION.

by watching carefully the sentences | forgetful of the provisions of the Debtors passed throughout the country, he was Act of 1869," had reference to the County fully convinced that the bringing for- Court Judge who committed the man to ward of this subject had had the effect prison, and not to the learned Judge of making magistrates impose heavier who released him from it. My further sentences for brutal assaults than before. observation that the mistake was not disThe Government, therefore, decided be- covered when the parties were before fore going on with the Bill to renew the Baron Huddleston had reference to the inquiry as to the necessity for it. That legal advisers of Smallbone, who, acinquiry would be made in the Recess, cording to the information afforded to and the matter, if necessary, would be me, were asking for his release, not brought forward in another year. upon the ground that the order for his committal was illegal, but that he was an old man, ill, and unable to pay. That such was the impression which it was my intention to convey, is, I think clear from the context. But, however that may be, I should not be acting consistently with my own views of what is right were I not at once, and unreservedly, to say that, if any observations of mine were so made as to cause pain or annoyance to Baron Huddleston, I extremely regret it. That learned Judge, however, further complains that my statement was inaccurate in so far as I said that Smallbone had been released by him from prison on the ground of old age, ill-health, and inability to pay. He informs me in his letter that the Act of Parliament of 1869 was referred to in the proceedings before him, and all its provisions carefully discussed, and that very little was said as to the man's age, health, or inability to pay, and he adds that he discharged the man on the ground of the illegality of his imprisonment and the irregularity of his committal, and upon no other grounds, and that the other circumstances did not in any way affect his judgment. Sir, I of course accept the statement of the learned Judge, though it entirely contradicts the information which had been given to me, and I again express my regret that I should have been misinformed and thus led into mistake. I must, Sir, however, remind the House that the subject-matter of the Questions of the hon. Member for Londonderry was one in no way under the cognizance of the Attorney General; that the County Court Judges are in no way responsible to him for their conduct; and that he possesses no means of investigating any cases, or alleged cases, of mistake or error of judgment on their part. A gentleman connected with the legal department of the Treasury, and of great experience, procured for me,

THE ATTORNEY GENERAL: Sir, I must ask the indulgence of the House for two or three minutes while I make a few observations by way of personal explanation. It will be in the recollection of the House that on Thursday last I answered certain Questions, put to me by the hon. Member for Londonderry (Mr. Charles Lewis), relative to the imprisonment in Winchester Gaol, under an order of the County Court Judge, of a man named William Smallbone, and of his subsequent release from prison by an order of Baron Huddleston. I have this morning received a letter from that learned Judge, who appears to consider that not only did my answers unfairly reflect upon him, but that my statement of facts, so far as it had reference to the proceedings before him, was essentially inaccurate. I need hardly state that my high esteem and respect for Baron Huddleston would at all times prevent my intentionally expressing, either in this House or elsewhere, except under a pressure of duty which certainly does not exist in the present case, any opinion reflecting upon the performance of his judicial duties; and I do not think that the words which I used, and which are accurately reported in The Times of last Friday, can be considered as having that effect. The learned Judge appears to be under the impression that I charged him with forgetfulness of the Debtors Act of 1869. The inaccurate reports in some other newspapers may have led him to that conclusion, but I am sure that upon reference to what I said it will be clear that my expression, "Judge, Registrar, counsel, and solicitors were apparently

Mr. Assheton Cross

at the request of the Lord Chancellor, | place upon the subject, and he therethe information upon which I answered fore wished to give the Committee an the Questions of the hon. Member, and opportunity of asserting the principle into the accuracy of such information I that the landlord should be made to had no means of inquiring, even if I had pay for the value which the tenant left had any reason to doubt it. Inquiry in the holding. He denied that there will, of course, now be made into the was any probability of conspiracies because of the inaccuracy of the informa- tween a limited owner and a tenant to tion so procured as to the proceedings defraud the remainderman by pretended before the Judge in Chambers. improvements, and he held that the provision regarding "letting value " was amply sufficient to protect the latter.

ARMY-THE SUMMER MANOEUVRES

COMPENSATION FOR DAMAGE TO CLOTHES AND ACCOUTREMENTS. COLONEL KINGSCOTE asked the Secretary of State for War, Whether, owing to the unusual inclemency of the weather and the consequent extreme wear and tear of the clothes and accoutrements of both officers and men during the late Summer Drills, it is the intention of the Government to grant any compensation ?

MR. GATHORNE HARDY, in reply, said, that in consequence of the unusually severe weather to which the troops had been exposed, his attention had been directed to the subject referred to in anticipation of the Question. He had already taken steps in respect of it in the sense his hon. and gallant Friend suggested.

AGRICULTURAL HOLDINGS (ENGLAND)
(re-committed) BILL-(Lords)-[BILL 222.]
(Mr. Disraeli.)

COMMITTEE. [Progress 23rd July.]
Bill considered in Committee.

(In the Committee.)

Clause 7 (Amount of tenant's compensation for first and second class).

MR. DISRAELI said, that the question raised by the Amendment had been discussed the other day. So far as he could see, the hon. Baronet was opposed ' to any limitation of compensation. The Committee, however, were of opinion that there ought to be some limitation. He hoped they would not sanction an Amendment which was opposed to the principle of the Bill.

MR. KNATCHBULL - HUGESSEN Bill to that of his hon. Friend the Memsaid, he preferred the proposal of the ber for Kirkcaldy, and hoped the Amendment would not be pressed, inasmuch as value" which would involve points diffiit introduced the principle of "letting cult for the referees to decide.

Amendment negatived.

On Motion of Colonel WILSON, Amendments made, in page 3, line 20, by leaving out "" one twentieth or of one seventh," and inserting "a proportionate" and leaving out "according to the class."

SIR GEORGE JENKINSON moved, in page 3, line 22, after "made," to leave out to the end of the clause and insert

SIR GEORGE CAMPBELL moved, "Provided that compensation shall be payas an Amendment, the omission in page able only where the outlay is of such a nature, 3, lines 19 and 20, of the words "with and has been executed and maintained in such a deduction of one-twentieth," and the a manner, that the benefit of it, if any, will be insertion of the words "so far as it adds reaped either wholly or in part by the succeedto the letting value of the holding at the ing tenant whether owner or occupier." determination of the tenancy." The Bill, On a former occasion an Amendment as it stood, was not on a satisfactory of his had been met by the opposition footing with respect to compensation for of the Government, on the ground that unexhausted improvements, for, as had they had taken the opinion of the been admitted by hon. Member after Farmers' Club, and that that opinion hon. Member, even on the Ministerial was against it. He, however, had since side of the House, the measure did not ascertained that the opinion of the secure to the tenant such compensa- Farmers' Club was expressed in aption, but only the value, less an arbi-proval of his Amendment, and he theretrary deduction which in 20 years would fore hoped the right hon. Gentleman absorb the whole. No division had taken the First Lord of the Admiralty, who

had charge of the Bill, would now ac- to be determined was, whether the value cept it. of the property had been increased by the improvements.

Amendment proposed,

MR. HUNT said, the phrase "letting

In page 3, to leave out from the word "un-value" had been introduced simply for exhausted," in line 22, to the end of the Clause, the protection of the remainderman. in order to add the words "Provided, That compensation shall be payable only where the Even although the word was left out, outlay is of such a nature, and has been executed the value of the land would still have and maintained in such a manner that the to be determined by the number of benefit of it, if any, will be reaped either wholly years' purchase it was worth, which was or in part by the succeeding tenant, whether owner or occupier,"-(Sir George Jenkinson,) tantamount to its letting value. -instead thereof.

MR. HUNT objected both to the merits and to the time of the Amendment, and pointed out that the paragraph now under consideration was confined to "first-class" improvements, in consequence of the Amendment of the hon. and learned Member for Cambridgeshire (Mr. Rodwell) to strike out the second class. The Proviso, therefore, of the hon. Baronet was not required.

THE MARQUESS OF HARTINGTON asked if the Government had consented to the Amendment of the hon. and learned Member for Cambridgeshire, restricting the operation of the clause to limited owners?

SIR HENRY JAMES contended that if the words were retained the interests of the tenant would be sacrificed to the law of entail and settlement.

SIR WILLIAM HARCOURT said, that it had now been admitted that the law of entail and settlement stood in the way of the landlord and tenant making agreements for an improved cultivation of the soil-a point which he had always asserted. Formerly this question of value was a claim to the outgoing tenant; now it was a limitation upon him; but in either case the same difficulties would arise. There would be new valuations, the arbitrators would be puzzled, and endless complications would arise. Moreover, he could not see how the letting value could work under limitation.

MR. HUNT said, he had so expressed himself. MR. DISRAELI said, the words obMR. NEWDEGATE said, he was injected to applied to all limited estates. favour of some such Proviso, as he did not think it right that the real owner should suffer from the follies and crotchets of his predecessor.

SIR GEORGE JENKINSON said, he would not object to withdraw his Amendment.

MR. KNATCHBULL - HUGESSEN said, he could not help remembering with satisfaction his prophecy on the second reading, that the Government, in bringing forward this Bill, would find that it entailed dealing with other questions regarding land, and notably with the laws of entail and settlement. He remarked that if the Amendment was to be withdrawn he should move that the latter part of the clause be omitted to afford the Government an opportunity of explaining its effect. It introduced the letting value principle, against which he had already protested, and would create consequent difficulty and confu

sion.

MR. KNIGHT thought the whole difficulty might be met if the Government would agree to leave out the word "letting." Then all that would have

Sir George Jenkinson

He believed that they would form a prudent check, and that the only practical result would be that they would prevent improvident investments and rash speculations.

MR. NEWDEGATE said, the Bill would create a new right on behalf of the tenant, and, as he understood, the objection of the hon. and learned Member for the City of Oxford was that this right did not go far enough, inasmuch as it did not alike attach to the tenant who held under an absolute owner and to the tenant who held under a limited owner.

SIR HARCOURT JOHNSTONE said, that he had consulted with the farmers in his own neighbourhood, and found that they did not believe in the letting value a bit. They were satisfied as long as they could work out their own outlay by a term of years, and the idea of importing letting value into the Bill had been from the beginning a perfect absurdity.

THE MARQUESS OF HARTINGTON thought it would be by far the most convenient course to leave out these

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