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 which altered the condition of the property. MR. STORER objected to the means afforded for inflicting injury upon the tenant farmer, especially through the means of petti-fogging attorneys. There were many improvements which tenant farmers might make, and which they would make, which were not included in the Bill. MR. DISRAELI said, that the hon. and learned Member for the City of Oxford had complained that the draftsman had not afforded a proper definition of waste; but he thought sufficient definition had been given during the progress of the Bill in "another place" in such matters as diminishing the letting value of the holding, causing or permitting land to be neglected, damaging the timber, injuring pasture, neglecting outfalls and water courses, neglecting the repair of roads, and other matters of a similar kind. He thought these heads comprised what might be called a definition, and therefore the statement of the hon. and learned Gentleman did not appear to be well founded. Without any further definition of what was waste, there was not any adequate Court that could not at once settle the question. THE MARQUESS OF HARTINGTON said, that the highest legal authorities might be able to define what waste was; but what would be the position of the unfortunate tenant against whom the landlord brought a charge of waste? Probably a great deal of time would be saved if the Government would agree to omit the clause, and consider what better words might be introduced. He thought the object of the right hon. Gentleman had not been carried into effect by the clause. He considered that the SIR HENRY JAMES said, the words agreed upon in the House of Lords did not form a definition of the general term "waste," but were only a limitation of it. He quite agreed with the Prime. Minister that any properly constituted Court should construe what waste was; but under the clause, that was not left to a properly constituted Court, but to three country surveyors to determine. MR. MUNTZ regretted more than ever that he had not been brought up a professional man, for he could see in this Bill such ample prospects of litigation as would make this land of ours, hitherto prosperous and happy, a hell upon earth. Why were we to deviate in this matter from the common law which had hitherto answered perfectly well? Why put landlord and tenant in such a position by the Bill that they would contract themselves out of it as the only way of avoiding litigation? The best friends of the landlords were the tenant farmers, yet the Bill was doing much to destroy the amicable relations which had hitherto existed between them. VISCOUNT GALWAY approved of the clause, and would much prefer valuers who understood agricultural matters to Judges at Westminster, who possibly did not know wheat from barley. The anxiety of the hon. and learned Member for Taunton (Sir Henry James) to get the matter into the hands of the lawyers reminded him of the farmer's song"If you're fond of pure vexation And long procrastination, You're just in the situation To enjoy your suit at law." Question put, "That the Clause, as amended, stand part of the Bill." The Committee divided:-Ayes 194; Noes 106: Majority 88. Clause agreed to. Procedure. such liability shall be entered on their original enlistment paper." The hon. Member said, the main object of the clause was to extend the service of the Militia to Malta and Gibraltar. He proposed that the clause should be extended so as to enable the Militia to re Clause 15 (Notice of intended claim.) MR. MARK STEWART (for Sir JOHN KENNAWAY) moved, in page 4, line 39, to insert the words "one month at least," before the termination of his tenancy, in reference to the notice to be given by a tenant claiming compensa-lieve the Regular troops in garrisoning tion. SIR HENRY JAMES said, the hon. Member must be under a complete misapprehension in suggesting this altera tion. MR. HUNT said, that communication would have previously been made on the amount of claims, and therefore it was not unreasonable that the tenant should give a month's notice. Amendment agreed to. MR. GOLDSMID moved to report Progress, calling attention to the fact that there were 40 other Orders, the first of which was the Militia Bill. MR. DISRAELI opposed the Motion, which he hoped would be withdrawn until this clause had been disposed of. Motion, by leave, withdrawn. Clause, as amended, agreed to. House resumed. Committee report Progress; to sit again To-morrow, at Two of the clock. MR. DISRAELI said, he would, with the permission of the House, take the Bill at a Morning Sitting to-morrow at 2 o'clock; and, as the evening Paper was virtually empty, he trusted that the Committee would pursue their labours upon the Bill at the Sitting at 9 o'clock. MILITIA LAWS CONSOLIDATION AND AMENDMENT (re-committed) BILL. (Mr. Secretary Hardy, The Judge Advocate, Mr. Stanley.) [BILL 202.] COMMITTEE. [Progress 19th July.] Bill considered in Committee. (In the Committee.) Clause 50 (Her Majesty may accept voluntary offers of Militia to serve in the Channel Islands, Isle of Man, Malta, and Gibraltar). MR. HAYTER moved, in page 14, at end of clause, to add the words "Provided always, That in case of European War, the Militia shall be liable for active or foreign service, within the limits of Europe, and Antwerp or other towns in the event of a European war. During the last great war the plan adopted was to take driblets of men from the various regiments of Militia. In three cases known to him Militia officers had obtained 100 men from Militia regiments for the Line, and obtained commissions in Line regiments as a reward. This system was very unpopular among the colonels of Militia, because they lost men at the very time when they were required for active service. The proper plan of proceeding was to call upon the entire regiments of | Militia. He had received a considerable number of communications, giving the opinions of commanding officers of regiments to show that his Amendment would not militate against enlistments for Militia regiments. COLONEL GILPIN said, that was one of the most extraordinary proposals ever made, and, if the Ballot were enforced for the Militia, would place the Militia in a worse position than the Regulars, who would be enlisted voluntarily. He had regarded the Notice of the Amendment as a joke. GENERAL SIR GEORGE BALFOUR said, the resort to the Ballot in the case of the Militia was a source of difficulty when, in time of war, it was desired to send the Militia abroad. But the proposal was no doubt made by his hon. and gallant Friend to authorize the Militia to volunteer their services, of which there were many precedents in the history of the Militia. At the same time, he regretted that the Bill had not been sent to a Select Committee, as he felt persuaded that in that case a great deal of valuable information would have been obtained with respect to the Militia, and many useful alterations would then have been introduced into the present Bill based on the experience of former years, and found on record in some of the Acts which this Bill proposed to do away with. COLONEL EGERTON LEIGH thought the Militia should continue a Home 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, arming, drilling, organization, and officering of the Force, and unless those Regulations were annually placed before Parliament and printed, it would be very difficult for any Member or for any one outside the War Office to ascertain what were the Orders affecting this great Force. But he hoped that the Secretary of State would consider those points and cause an annual compilation of all Regulations, including the Laws to Acts of Parliament to be made and made available for purchase by all who desired to know about the Militia. He was confident that consideration would be given, and would therefore withdraw the Amendment. MR. GATHORNE HARDY gave the utmost credit to his hon. and gallant Friend opposite for the goodness of his motive in proposing his Amendment; but he would point out that it was perfectly incongruous, and would not be in harmony with the general spirit of the clause. Its effect would be that the Militia would be absolutely compelled to serve abroad in the event of a European war, whereas they would not be liable unless they volunteered to garrison the British colonial possessions. Besides, the new system of cadres had put the Army on a different footing, and until the experiment had been tried more fully it would be injurious to adopt this Amendment. Amendment negatived. Clauses 51 to 63, inclusive, agreed to. Clause 64 (Deserters may, when Militia not embodied or assembled for training, be proceeded against summarily before justices, or tried by courtmartial). MR. GOURLEY moved an Amendment which would remove the trial of deserters from a military to a civil tri bunal. Amendment negatived. Clauses 65 to 86, inclusive, agreed to. Clause 87 (Power to Her Majesty to regulate the Militia by warrants and regulations, &c.). GENERAL SIR GEORGE BALFOUR moved an Amendment specifying that annual Returns of Warrants, Orders, and Regulations relating to the Militia should be laid before Parliament. That provision was now the more necessary, seeing that the course now followed in respect to the Militia was entirely at variance with the practice of former times. That practice required all the Regulations connected with the Militia to form part of the Act, or Regulations were appended to the Act, so that the entire law affecting that Force was publicly known and could be referred to in one or more Acts, readily procurable by everyone. Now the law vested in the Secretary of State the fullest thority to issue Regulations and War au Amendment, by leave, withdrawn. Remaining clauses agreed to. SIR HENRY HAVELOCK moved a new clause, enabling the Secretary of State for War to enlist from the respective Militias raised in England, Scotland, and Ireland, a number of men which should not exceed at any one time one-third part of the respective quotas of the Militia now for the time being fixed by law to be raised therein respectively. This would raise the Reserve from 30,000 to 40,000. MR. GATHORNE HARDY, admitting the importance of the question of the Militia Reserves, expressed a hope that he would not be called upon to adopt the proposed clause in the present Bill, but leave the matter in his hands to deal with it next Session. SIR HENRY HAVELOCK withdrew his Amendment. Amendment, by leave, withdrawn. Bill reported; as amended, to be considered upon Thursday. the attention of the Lord Advocate and himself during the Recess. GENERAL SIR GEORGE BALFOUR also advocated the withdrawal of the Opposition for the present, and to contest the proposals of the Government on the separate clauses of the Bill, and to this way he was quite prepared to give his cordial aid to his hon. Friend (Mr. Ramsay) in every stage of the Bill which was partial in its reforms, instead of being general for all Scotland. MR. CAMPBELL - BANNERMAN suggested that the best way to save the Order for Consideration, as amended, time of the Government was to oppose read, and discharged. Bill withdrawn. MR. RAMSAY in moving that the House go into Committee that day three months said, that the right hon. and learned Lord Advocate had said that the Bills when they were introduced. Question put, "That the words proposed to be left out stand part of the Question." The House divided:-Ayes 57; Noes 29: Majority 28. "That Mr. Main Question proposed, Motion made, and Question, "That the Debate be now adjourned,”—(Mr. Stacpoole,)-put, and negatived. Main Question, "That Mr. Speaker do now leave the Chair," put, and agreed to. Matter considered in Committee. (In the Committee.) Resolved, That it is expedient to authorise the payment, out of the Consolidated Fund of the United Kingdom, of the Salaries of certain object of the Government was to enable an additional Sheriff substitute to be appointed by Glasgow. No person was more sensible than he of the need there was in Glasgow for more judicial power, but he would remind the House that the application by Glasgow for a stipendiary magistrate had been refused by the Home Secretary. In other parts of the country there were Sheriffs substitute who had nothing to do, and he thought one of these should be employed, so that instead of increasing the expenses they should go towards economy. He EAST INDIA, AUDITOR OF ACCOUNTS, &c. would move the postponement of the Committee. Amendment proposed, to leave out from the word 66 That" to the end of the Question, in order to add the words "this House will, upon this day three months, resolve itself into the said Committee," (Mr. Ramsay,)-instead thereof. MR. ASSHETON CROSS hoped the House would permit the Bill to be brought in. He admitted the judicial system of Scotland required revision, and said that the subject would engage additional Sheriffs Substitute in Scotland. Resolution to be reported To-morrow, at Two of the clock. [SUPERANNUATIONS]. Considered in Committee. (In the Committee.) it is expedient to authorise the payment, out of Motion made, and Question proposed, "That the Revenues of India, of a Superannuation or Pension to any person who has held the office of Auditor of Indian Accounts, and to certain Clerks and Officers on the Establishment of the Secretary of State for India." Motion, by leave, withdrawn. Resolved, That it is expedient to amend the Law relating to the appointment of certain persons who entered the employment of the Home Government of India before the thirtyfirst day of December one thousand eight hun dred and seventy-four. Resolution to be reported To-morrow, at Two of the clock. ECCLESIASTICAL COMMISSION ACT AMEND MENT BILL. On Motion of Mr. Secretary CROSS, Bill to amend the Act of the twenty-ninth and thirtieth years of Her Majesty, chapter one hundred and eleven, relating to the Ecclesiastical Commissioners for England, ordered to brought in by Mr. Secretary CROSS, Sir HENRY SELWINIBBETSON, and Mr. CUBITT. Bill presented, and read the first time. [Bill 266.] RESTRICTION ON PENAL ACTIONS AND RE- Bill to amend the Act of the twenty-first year of the reign of King George the Third, chapter forty-nine, intituled, "An Act for preventing certain Abuses and Profanations of the Lord's Day called Sunday," and for further amending the Law concerning the Remission of Penalties, ordered to be brought in by Sir HENRY SELWINIBBETSON and Mr. Secretary CROSS. Bill presented, and read the first time. [Bill 267.] SANITARY LAW (DUBLIN) AMENDMENT Committee Report - Statute Law Revision (194). Report-Pharmacy* (209). Third Reading-Washington Treaty (Claims Distribution)* (216) and passed. ENTAIL AMENDMENT (SCOTLAND) BILL (No. 214.) COMMITTEE. (The Lord Chancellor.) THE EARL OF AIRLIE said, that having been absent at the second reading of the Bill he would, with the permission of the House, now offer a few observations in regard to it. To its general principles he yielded a full assent, but from some of its details he was obliged to disagree. In the first place, he might that the age at which a young man say that he thought it very reasonable should be empowered to join in cutting off an entail should be reduced from 25 to 21, because he considered that he was quite able at that age to form a judgment on this as well as upon other questions. He thought, however, that the provisions made for the purpose of charging the estate by the life tenant went a little too far; whereas in other respects the Bill did not go far enough. They were giving enormous powers of charging the estate, which might in some cases amount to 11 years' purchase. He thought that if they gave the life tenant a power to charge the estate so largely, they ought also to give to the heir considerable borrowing powers towards the costs of improvements. With that view he should propose some Amendments in Committee. Motion agreed to; House in Committee according to Order. Clauses 1 to 6, inclusive, agreed to. Clause 7 (Court empowered to authorize heir of entail to defray the money to defray the cost of improvements on the entailed estate.) THE EARL OF CAMPERDOWN said, that in the second sub-section of the clause it was provided that— "The court shall be satisfied with respect to any improvements in the course of execution, or contemplated, that the same, if well executed, will be of a substantial nature and beneficial to the estate." He thought this term very vague, and that it would not be easy to determine what improvements were beneficial to the permanent value. THE LORD CHANCELLOR thought that there could be no injustice in charging the estate with the cost of substantial improvements, seeing that any large expenditure on the mansion-house, for example, would be for the enjoyment of Order of the Day for the House to be the person who ultimately came into the put into a Committee, read. Moved, "That the House do now go into Committee." whole estate. THE DUKE OF BUCCLEUGH said, that for that very reason, he could not |