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“Or where it is executed after the tenant has / which was carried out on every wellgiven or received notice to quit, unless it is executed with the previous consent in writing of managed farm. He believed it would the landlord.”
commend itself to incoming tenants.
MR. GOLDSMID did not believe any Clause, as amended, agreed to.
such difficulty as that imagined by the Clause 11 (Restrictions as to third hon, and learned Member for the City class).
of Oxford would arise. Permission to On Motion of Mr. GOLDSMID, Amend sell hay was nearly always given on the ment made in page 4, line 14, by insert- condition that an equivalent amount of ing the word "
ascertaining,” in lieu of manure should be brought to the farm. the word “ascertained.”
The hon. Member pointed out that Clause COLONEL DYOTT proposed, in page 4, 6, which was already passed, would reline 15, after "class,” to leave out to quire some alteration in order to accord the end of the clause, and insert
with the Amendment now proposed. “The tenant shall not be entitled to compen- tion of these infinitely small matters
MR. TORR objected to the introducsation in respect of outlay for the enumerated, unless he has given not more than into the Bill. He believed them to be twenty-one and not less than seven days' previous impracticable, and was convinced that notice in writing to the landlord or his agent of they would defeat the object of the Bill. his intention to make such outlay, specifying
SIR JOSEPH BAILEY felt that if the the probable quantity and description of artificial manure proposed to be applied, and the Amendment had not been proposed by quantity and description of artificial food pro- the Government, he, in common with posed to be consumed during the last year of every other landlord throughout the the tenancy, and has obtained the concurrence country, would have been obliged to of the landlord.”
contract imself out of the Act. MR. MARK STEWART hoped the MR. CLARE READ was decidedly of hon. and gallant Member would not opinion that a man who sold off all his press this Amendment. It would be hay ought not to receive compensation destructive, if carried, of all incentive to for manure which he might bring back. high farming
His duty was to consume his hay on his Amendment negatived.
farm. As for the fears of the hon. and MR. HUNT, in pursuance of an un- he would say that if a valuer could not
learned Member for the City of Oxford, derstanding with the hon. Member for tell the manurial value of a ton of hay, Berkshire (Mr. Walter), brought up in he would not be able to tell the manurial manuscript an Amendment, which he
value of a ton of cake. The matter was moved as an addition to the clause. It
one from which no difficulty was expewas as follows:
rienced in practice. “And there shall be deducted the value of the manure that would have been produced by the think that a tenant who sold hay, the
THE ATTORNEY GENERAL did not consumption on the holding of any hay, straw, roots, or green crop sold off the holding within produce of his holding, and brought the last two years or other less time that the home manure, purchased with the protenancy has endured.”
ceeds, should be entitled to receive comSIR WILLIAM HARCOURT, who pensation for it. took exception to the Amendment being
MR. MELDON thought the proposed produced in manuscript, and in the Amendment would be a direct breach of absence of the hon. Member for Berk- contract. It was endeavoured by the shire, contended that it would open up Government to make the country believe a very difficult question for valuers that they were going to do something (“No!"}-namely, the quantity of ma- for them. nure which might have been produced
COLONEL BRISE did not think the by a particular quantity of ħay, &c. Amendment of the Government necesWhatever hon. Gentlemen might say, sary. that certainly appeared to him to be a Amendment agreed to. peculiarly difficult question to solve. He
On Question, "That the Clause, as suggested that the consideration of the Amendment should be postponed until amended, stand part of the Bill ?” the bringing up of the Report.
MR. WHITWELL moved its omission. MR. FLOYER said, the principle pro- Question put, “That the Clause, as posed by the Government was only that amended, stand part of the Bill."
The Committee divided :-Ayes 177 ;, from under the cognizance of the ordiNoes 76: Majority 101.
nary Courts of the land and create a Clause ordered to stand part of the special tribunal less competent to deal Bill.
with them. No doubt arbitration was Clause 12 (Deductions from compen
the best way of settling disputes of sation for taxes, rent, &c.), and Clause 13 the character which would arise under (Set off of benefit to tenant) agreed to.
this Bill, but he preferred arbitration
chosen by the parties to arbitration Landlord's compensation. forced upon them in derogation of legal Clause 14 (Landlord's title to compen- rights. The best way to prevent litigasation.)
tion was to give facilities for enforcing SIR HENRY JAMES_moved the legal rights, and as the result of the omission of the clause. He said, that Bill would after all be the creation of this was the first of the procedure clauses legal rights expressed in money value, in the Bill, and if his Amendment were the best way of arriving at what the agreed to no fewer than 16 clauses would law was, would be to let the questions be got rid of, besides shortening the of law be tried by the Courts. The discussion in Committee by many hours. common sense of the parties would find The clause would entitle a landlord to the way to assess the amount. But proceed under the Bill where a tenant under this Bill there would be no committed waste, or broke a covenant means by which doubtful points of law or other agreement connected with the could be taken as a matter of right contract of tenancy. Now, that would before the Superior Courts of Law. He give a wide scope of claim by the land- doubted whether under the Bill a landlord under the Bill, and he would be lord and tenant could agree to take any enabled to raise many nice questions case to the ordinary tribunals, and he which there was no proper tribunal to certainly thought that was a matter try. Why should this exceptional pri- which deserved the attention of the vilege be given to the landlord, instead of House and the Government. leaving him to resort to the ordinary THE ATTORNEY GENERAL said, tribunals ? The landlord could claim he fully admitted the importance of the under the Bill, even when the tenant matters referred to by his hon. and made no claim against him, and no learned Friends; but he hoped that the statute of limitation would bar the claim. Committee would give its attention to Further, the tribunal constituted under the particular subject under considerathe Bill had no power to determine many tion, which was whether the 14th clause of the questions that might be raised; should be retained or not. It appeared to because it was provided that it could him that the clause was one to which no only determine the amount of compen- reasonable objection could be taken. It sation and the time when it was to be was not a clause of procedure, but of paid. If appeal was to be allowed to definition. It defined that which was to the County Court Judge on the subject be the subject of procedure. It would of amount, why should they not send enable a landlord who had a claim before a legal tribunal, in the first in- against his tenant at the end of the stance, questions as to breach of covenant tenancy, arising from breach of contract and committal of waste ? Under the or otherwise, to set off such claim, as far clause as it stood power of appeal was as it went, against any claim for comonly given to the landlord and not to pensation which the tenant might have the tenant, while, should it remain un- against him. He thought it was only altered, a most expensive and objection right that the landlord should have such able mode of procedure would be estab- a power, and the referees after investilished.
gating the case would make the award MR. JACKSON supported the pro- either in favour of the landlord or posal of his hon. and learned Friend. tenant. The question how far the triWithout going into the more technical bunal constituted by the Bill was a satisquestions which had been raised, and factory one would arise under a subseregarding this question from a land- quent clause. owning point of view, he considered that SIR WILLIAM HARCOURT mainthe Government's clauses were danger- tained that if the tenant had committed ous, as they would take these matters a breach of covenant, the landlord might proceed against him quite independently, clause went much further than was conand use the machinery of this Act for that sistent with the object of the Bill. breach of covenant; but there was no MR. HUNT thought that if the clause similar provision on behalf of the tenant. stood alone, it might bear the interThis clause had, he thought, found its pretation put upon it by the noble Marway into the Bill by mistake. There quess; but it was to be read in conjuncwas scarcely anything a tenant could do tion with the other provisions of the Bill, that might not be regarded as waste at and especially Clause 15, which dealt common law, and if the landlord was to with the notice of intended claims. Howhave the means of proceeding against ever, if the present words were not satisthe tenant with respect to waste, it was factory, the Government would be prenecessary that the term should be de- pared to make the necessary amendfined in the Bill. It was evident that ment in the Bill at its next stage. In the draftsman of the Bill did not under the meantime, he hoped the clause would stand the meaning of the word “waste be retained. in law, which included an improvement SIR HENRY JAMES said, the words which altered the condition of the pro- agreed upon in the House of Lords did perty.
not form a definition of the general term MR. STORER objected to the means waste," but were only a limitation of afforded for inflicting injury upon the it. He quite agreed with the Prime tenant farmer, especially through the Minister that any properly constituted means of petti-fogging attorneys. There Court should construe what waste was; were many improvements which tenant but under the clause, that was not left farmers might make, and which they to a properly constituted Court, but to would make, which were not included three country surveyors to determine. in the Bill.
MR. MUNTZ regretted more than MR. DISRAELI said, that the hon. ever that he had not been brought up a and learned Member for the City of professional man, for he could see in this Oxford had complained that the drafts- Bill such ample prospects of litigation as man had not afforded a proper definition would make this land of ours, hitherto of waste; but he thought sufficient defi- prosperous and happy, a hell upon earth. nition had been given during the pro- Why were we to deviate in this matter gress of the Bill in "another place " from the common law which had hitherto in such matters as diminishing the let- answered perfectly well ? Why put ting value of the holding, causing or landlord and tenant in such a position permittingland to beneglected, damaging by the Bill that they would contract the timber, injuring pasture, neglecting themselves out of it as the only way of outfalls and water courses, neglecting avoiding litigation? The best friends the repair of roads, and other matters of the landlords were the tenant farmers, of a similar kind. He thought these yet the Bill was doing much to destroy heads comprised what might be called a the amicable relations which had hitherto definition, and therefore the statement existed between them. of the hon. and learned Gentleman did VISCOUNT GALWAY approved of the not appear to be well founded. With- clause, and would much prefer valuers out any further definition of what was who understood agricultural matters to waste, there was not any adequate Court Judges at Westminster, who possibly that could not at once settle the question. did not know wheat from barley. The
THE MARQUESS OF HARTINGTON anxiety of the hon. and learned Member said, that the highest legal authorities for Taunton (Sir Henry James) to get might be able to define what waste was; the matter into the hands of the lawyers but what would be the position of the reminded him of the farmer's songunfortunate tenant against whom the “ If you're fond of pure vexation landlord brought a charge of waste ? And long procrastination, Probably a great deal of time would be You're just in the situation saved if the Government would agree
To enjoy your suit at law.” to omit the clause, and consider what Question put, “That the Clause, as better words might be introduced. He amended, stand part of the Bill.” thought the object of the right hon. Gen- The Committee divided :-Ayes 194; tleman had not been carried into effect Noes 106: Majority 88. by the clause. He considered that the Clause agreed to.
Sir William Harcourt
such liability shall be entered on their original
enlistment paper." Clause 15 (Notice of intended claim.) MR. MARK STEWART (for Sir The hon. Member said, the main object JOHN KENNAWAY) moved, in page 4, of the clause was to extend the service of line 39, to insert the words “one month the Militia to Malta and Gibraltar. He at least," before the termination of his proposed that the clause should be extenancy, in reference to the notice to be tended so as to enable the Militia to regiven by a tenant claiming compensa- lieve the Regular troops in garrisoning tion.
Antwerp or other towns in the event of SIR HENRY JAMES said, the hon. a European war. During the last great Member must be under a complete mis- war the plan adopted was to take driblets apprehension in suggesting this altera- of men from the various regiments of tion.
Militia. In three cases known to him MR. HUNT said, that communication Militia officers had obtained 100 men would have previously been made on the from Militia regiments for the Line, and amount of claims, and therefore it was obtained commissions in Line regiments not unreasonable that the tenant should as a reward. This system was very ungive a month's notice.
popular among the colonels of Militia,
because they lost men at the very time Amendment agreed to.
when they were required for active serMR. GOLDSMID moved to report vice. The proper plan of proceeding Progress, calling attention to the fact was to call upon the entire regiments of that there were 40 other Orders, the first Militia. He had received a considerable of which was the Militia Bill.
number of communications, giving the MR. DISRAELI opposed the Motion, opinions of commanding officers of regiwhich he hoped would be withdrawn ments to show that his Amendment until this clause had been disposed of. would not militate against enlistments Motion, by leave, withdrawn.
for Militia regiments.
COLONEL GILPIN said, that was one Clause, as amended, agreed to.
of the most extraordinary proposals ever House resumed.
made, and, if the Ballot were enforced Committee report Progress; to sit for the Militia, would place the Militia again To-morrow, at Two of the clock. in a worse position than the Regulars,
who would be enlisted voluntarily. He MR. DISRAELI said, he would, with had regarded the Notice of the Amendthe permission of the House, take the
ment as a joke. Bill at a Morning Sitting to-morrow at GENERAL SIR GEORGE BALFOUR 2 o'clock; and, as the evening Paper was said, the resort to the Ballot in the case virtually empty, he trusted that the Com- of the Militia was a source of difficulty mittee would pursue their labours upon when, in time of war, it was desired to the Bill at the Sitting at 9 o'clock. send the Militia abroad. But the pro
posal was no doubt made by his hon. MILITIA LAWS CONSOLIDATION AND
and gallant Friend to authorize the AMENDMENT (re-committed) BILL. Militia to volunteer their services, of (Mr. Secretary Hardy, The Judge Advocate, which there were many precedents in Mr. Stanley.)
the history of the Militia. At the same [BILL 202.] COMMITTEE. time, he regretted that the Bill had not [Progress 19th July.]
been sent to a Select Committee, as he
felt persuaded that in that case a great Bill considered in Committee.
deal of valuable information would have (In the Committee.)
been obtained with respect to the Militia, Clause 50 (Her Majesty may accept and many useful alterations would then voluntary offers of Militia to serve in the have been introduced into the present Bill Channel Islands, Isle of Man, Malta, and based on the experience of former years, Gibraltar).
and found on record in some of the Acts MR. HAYTER moved, in page 14, at which this Bill proposed to do away end of clause, to add the words
with. “ Provided always, That in case of European
COLONEL EGERTON LEIGH thought War, the Militia shall be liable for active or
the Militia should continue a Home foreiga service, within the limits of Europe, and force, ready to volunteer for foreign
service when necessity required it, with-rants dealing with every question conout being under a contract to do so. nected with the pay, pensions, clothing,
MR. GATHORNE HARDY gave the arming, drilling, organization, and offiutmost credit to his hon. and gallant cering of the Force, and unless those Friend opposite for the goodness of his Regulations were annually placed before motive in proposing his Amendment; Parliament and printed, it would be very but he would point out that it was per- difficult for any Member or for any one fectly incongruous, and would not be in outside the War Office to ascertain what harmony with the general spirit of the were the Orders affecting this great clause. Its effect would be that the Force. But he hoped that the Secretary Militia would be absolutely compelled to of State would consider those points and serve abroad in the event of a European cause an annual compilation of all war, whereas they would not be liable Regulations, including the Laws to Acts unless they volunteered to garrison the of Parliament to be made and made British colonial possessions. Besides, available for purchase by all who dethe new system of cadres had put the sired to know about the Militia. He Army on a different footing, and until was confident that consideration would the experiment had been tried more be given, and would therefore withdraw fully it would be injurious to adopt this the Amendment. Amendment.
Amendment, by leave, withdrawn. Amendment negatived.
Clause agreed to. Clause agreed to.
Remaining clauses agreed to. Clauses 51 to 63, inclusive, agreed to. SIR HENRY HAVELOCK moved a
Clause 64 (Deserters may, when new clause, enabling the Secretary of Militia not embodied or assembled for State for War to enlist from the respective training, be proceeded against sum- Militias raised in England, Scotland, and marily before justices, or tried by court- Ireland, a number of men which should martial).
not exceed at any one time one-third MR. GOURLEY moved an Amend- part of the respective quotas of the ment which would remove the trial of Militia now for the time being fixed by deserters from a military to a civil tri- law to be raised therein respectively. bunal.
This would raise the Reserve from 30,000 Amendment negatived.
MR. GATHORNE HARDY, admitting Clause agreed to.
the importance of the question of the Clauses 65 to 86, inclusive, agreed to.
Militia Reserves, expressed a hope that
he would not be called upon to adopt Clause 87 (Power to Her Majesty to the proposed clause in the present Bill, regulate the Militia by warrants and but leave the matter in his hands to regulations, &c.).
deal with it next Session. GENERAL SIR GEORGE BALFOUR
SIR HENRY HAVELOCK withdrew moved an Amendment specifying that his Amendment. annual Returns of Warrants, Orders, and Regulations relating to the Militia Amendment, by leave, withdrawn. should be laid before Parliament. That Bill reported; as amended, to be conprovision was now the more necessary, sidered
upon Thursday. seeing that the course now followed in respect to the Militia was entirely at variance with the practice of former times. OFFENCES AGAINST THE PERSON ACT That practice required all the Regu
AMENDMENT BILL. (BILL 155.] lations connected with the Militia to (Mr. Secretary Cross, Mr. Attorney General, form part of the Act, or Regulations
Sir Henry Selwin-Ibbetson.) were appended to the Act, so that the SECOND READING. ADJOURNED DEBATE. entire law affecting that Force was pub
WITHDRAWAL OF BILL. licly known and could be referred to in one or more Acts, readily procurable by
Order for resuming Adjourned Debate everyone. Now the law vested in the on Amendment of Second Reading [14th Secretary of State the fullest
June] read, and discharged. thority to issue Regulations and War- Bill withdrawn.
Colonel Egerton Leigh