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see the justice of charging the cost to the whole of the estate.

THE EARL OF AIRLIE also said it would operate very unjustly to relatives having charges on the whole estate that there should be a charge placed upon it for the improvement of the mansion. LORD NAPIER AND ETTRICK thought it was very desirable that a distinction should be made between improvements which were temporary and those which were permanent.

THE LORD CHANCELLOR proposed to insert in the first sub-section words to meet the objection of noble Lords by adding after the words "beneficial to the estate," the words "as at the date of the application to the extent of at least the sum authorized to be borrowed."

Amendment agreed to; words added. THE EARL OF AIRLIE moved, at the end of the Clause, to add

("Provided also, that nothing in this Act shall authorize any heir of entail to charge the entailed estate with money expended on any improvement which may have been executed more than twenty years before the application for authority to charge the estate in respect of such improvement shall have been made to the court.")

Amendment agreed to; words added.
Clause, as amended, agreed to.

Clause 8 (Heir of entail with authority of the Court may grant bond over the estate; form and effect of bond.)

THE EARL OF CAMPERDOWN proposed to substitute for the power given by the Clause a power to the limited owner to grant a bond binding himself and heirs of entail to repay the loan by an annual rent for 25 years, payable half-yearly, and to be at the rate of £7 28. per annum for every £100 authorized to be borrowed. The noble Earl said it would be unjust to the remaindermen to allow the limited owner to charge upon them an improvement which he himself might have derived all the benefit of, and which might have been exhausted in his lifetime.

Amendment moved, in page 7, lines 3, 4, and 5, leave out

("the amount of the loan authorised by the court, by granting in favour of any creditor who may advance such amount") and insert ("a bond of annual rent, binding himself and his heirs of tailzie to make payment of an annual rent for twenty-five years from and after the

date of such authority of the court, or, where the money has been consigned as aforesaid, the date of consignation, such annual rent to be from and after the expiration of two years from payable by equal moieties half-yearly, and to be at the rate of seven pounds two shillings per annum for every one hundred pounds so authorised to be borrowed, and so in proportion for such heir in possession, and in lieu of such bond any greater or less sum; or, in the option of of annual rent, with ")

THE LORD CHANCELLOR said, it was of public policy that improvements should be made; and if the improvement was beneficial to the estate, there did not appear to be any injustice in charging it on the estate. It was really a question between the public and the estate rather than between the improver and his successor. The Scotch Members, on behalf of their constituents, had been so anxious that the Bill should pass, that they had agreed to forego Amendments, especially relating to these charges, in order that it might go up to their Lordships' House as quickly as possible. But the noble Earl's Amendment amounted almost to this-that nothing should be done.

LORD NAPIER AND ETTRICK opposed the Amendment and hoped the Government would stand by the proposals of the Bill which authorized the limited owner to charge the estate for the purpose of permanent improvements. The Bill seemed to him to be one of the greatest utility, its object being to place the limited owners of the entailed estates in Scotland in the same position as absolute owners in fee simple. There existed at the present moment urgent reasons why limited owners should be furnished with the means of doing their duty to the estate by enabling them to raise money on easy terms; and he firmly believed that no injury would result to the future heirs of entail. One of these reasons was to be found in the great increase which of late years had taken place in the cost of agricultural operations-of labour, of carriage, of manures, and, in short, of everything. It was also of the greatest importance that all permanent improvements should be done by the landlords, and particularly those which concerned the erection of dwellings for the labourers and farm buildings. One-third of the labouring population of Scotland still occupied dwellings of only one room, and another third of only two rooms. A further

reason was the new charges which modern legislation placed upon land. Under the Pollution of Rivers Bill[A noble LORD: That Bill is withdrawn] —yes; but it was to be introduced next Session in a more perfect form. There was not a cottage, a farmhouse, or a mansion in Scotland which did not, directly or indirectly, pour its sewage into the streams; and the cost of diversion probably in many cases would fall in great part upon the limited owner. Then as to farm buildings and offices, none would in these days be erected which would not stand from 60 to 100 years. England was full of farm buildings in tenantable condition more than a century old. The Bill was also valuable as it allowed money to be raised not only for buildings and improvements entirely agricultural, but for habitations for rural mechanics and other classes of inhabitants. Some of these improvements might not possibly be of a remunerative character; but if the heir were thus in some way injured, he would find consolation in the improvement which would be made in the dwellings of the people on his estate.

THE EARL OF ABERDEEN opposed the Amendment.

VISCOUNT CARDWELL said, the fact that the Bill had been passed through the other House without debate had been cited as a proof of its acceptableness to the Scotch Members; but surely this very circumstance imposed upon their Lordships the duty of carefully examining the provisions of the measure. In Scotland, he understood they had two modes of raising money on entailed estates-one like that adopted in England, with a sinking fund to extinguish the debt; and another by which, with the consent of the Court of Session, they might raise for a particular purpose a burden to be charged in perpetuity upon the estate, but only to the amount of two-thirds. Surely that was a most liberal power of raising money at the expense of the remainder-man. It was urged that this might be done for some useful public purpose, but the suggestion was quite a new one that they should endow the people of Scotland out of the funds of remainder-men. If the people of Scotland wished to be better housed do not let them throw the expense on a future generation for whom there was nobody to speak.

THE LORD CHANCELLOR pointed out that there was a wide difference between the old Scotch entails and the English entailed estates. The former were at one time absolutely inalienable estates; and as the Rutherford Act made provision for a gradual opening of these entails, it was a question for Parliament to consider whether it would not go further in the same direction. Amendment agreed to.

Clause, as amended, agreed to.
Remaining clauses, agreed to.
Bill passed.

received on Thursday next, and Bill to be The Report of the Amendments to be printed, as amended. (No. 237.)

PARLIAMENT - PUBLIC BUSINESS
THE MERCHANT SHIPPING BILL.

QUESTION. OBSERVATIONS.

EARL DE LA WARR, in rising to ask the Government whether they would be willing to re-consider the question of the withdrawal of the Merchant Shipping Bill, said, that great interest was felt in both Houses of Parliament on the subject to which it referred; nevertheless, they had been informed that it was one of those Bills which would have to be abandoned in consequence of there being no time to pass it in the present Session. The measure was one in which the general public had taken the greatest and deepest interest; and, though he was aware that the Government had introduced and carried through many measures of great importance this Session, there was no one of greater importance or interest to the country than the Merchant Shipping Bill. He trusted, therefore, that the Government would either be induced to re-consider their determination to withdraw the Bill, or to give an assurance to their Lordships that some temporary measure would be introduced this Session for the purpose of securing that safety to human life which the urgency of the case demanded; and would assure the country that the larger measure should be introduced and, if possible, passed next Session.

THE EARL OF MALMESBURY, in reply, said, that the Question which had been asked by the noble Earl had reference to an important subject. Her Majesty's Government had been obliged to withdraw the Merchant Shipping

espe

Bill simply because it was found that | proceeding to sea which, either from deat this advanced period of the Session fective condition of hull, equipment, or it would be impossible to pass it. The loading, were deemed to be unseaworthy, Bill consisted of many clauses, and there and it was upon the policy of that Act were no fewer than 180 Amendments and on the same lines that the Bill of proposed upon it by Members on both Her Majesty's Government had prosides of the other House of Parliament. ceeded. The course which the GovernIt was with the deepest regret that Her ment had taken would, he feared, have Majesty's Government found themselves a most unfortunate influence upon the compelled to withdraw it. The course course of legislation in reference to the they had determined to take was to in- question of merchant shipping troduce a short Bill for the purpose of cially having regard to the interest felt conferring on the Board of Trade stronger by the working classes in this question. powers than it now possessed for stop- If it was not possible to pass the whole ping unseaworthy ships from proceeding Bill, the Government would have acted to sea. Next Session a Bill would be wisely by making an effort to pass those introduced at an early period to deal clauses only which dealt with the safety with the whole question, and, if possible, of life at sea. Not having taken this to place it on a permanent and satis- course, the Government might, he feared, factory foundation. be driven, owing to the lateness of the Session, into hasty, wild, and bad legislation upon a subject of the first importance, or else they would create a feeling among the constituencies that the safety of the sailors had been neglected, which would only operate mischievously upon the course of all future legislation in reference to the subject.

THE EARL OF BELMORE thought that, under the circumstances, the Government had taken the best possible course. The question was of pressing interest, and he hoped it would be dealt with in a satisfactory manner. England was not the only country from which ships were sent to sea in an unfit state; the practice extended to the Colonies, and he trusted that if a strong measure passed here for the prevention of the evil the example would be followed elsewhere. He hoped the Government would not be content with introducing measures to provide for the safety of life at sea, but would also endeavour to codify the whole of the existing laws relating to merchant shipping.

After a few words from the Earl of LEITRIM,

LORD CARLINGFORD said, that the statement of the noble Earl the Lord Privy Seal was to some extent satisfactory; but it was impossible to deny that the whole question remained in a most unsatisfactory position owing to the course which Her Majesty's Government had seen fit to take. It was a misconception to suppose that the abandoned Merchant Shipping Bill was so important a measure as had been represented-it would not, in fact, have done more than a very little in the direction of rendering the lives of seamen more safe at sea than at present. It was also a misconception to suppose that nothing had already been done in this matter. The Act passed by the late Government in 1873 conferred upon the Board of Trade stringent powers to prevent ships from

When its progress

THE LORD CHANCELLOR said, he did not propose to follow the noble Lord in discussing a Bill which was not before their Lordships' House. As had been stated by his noble Friend the Lord Privy Seal, it was intended to introduce a short measure which would, he thought, command approbation for its general principles, and would, he hoped, prove efficacious in preventing the sailing of unseaworthy ships from British ports. The Bill which had been dropped was one of great magnitude, and raised questions about which much difference of opinion prevailed. was suspended there was a very large number of Amendments on the Paperhe had heard them stated at 180-so that a great deal of time would have been occupied in pushing the Bill through. No doubt its provisions were of very different degrees of importance, but they all required careful consideration, and it was in order to avoid hasty legislation that the Government had postponed the complete measure until next Session. In the meantime, he hoped that the necessities of the case would be provided for by the Bill which was about to be introduced.

House adjourned at a quarter past Seven o'clock, to Thursday next, Eleven o'clock,

HOUSE

OF COMMONS,
Tuesday, 27th July, 1875.

MINUTES.] — SELECT COMMITTEE -Report
Hampstead Fever and Small Pox Hospital
[No. 363].

PUBLIC BILLS-Resolutions [July 26] reported-
Ordered-First Reading-East India Home
Government (Appointments) * [272]; Sheriffs
Substitute (Scotland) * [273].

Committee-Agricultural Holdings (England)
(re-comm.) [222] — R.P.

Report-Local Government Board's Provisional Orders Confirmation (Abingdon, Barnsley, &c.) [241-271].

*

*

Considered as amended Traffic Regulation (Dublin) [246]; Legal Practitioners * [46]. Third Reading Elementary Education Provisional Order Confimation (London) [251]; Local Government Board's Provisional Orders Confirmation (Abingdon, &c.) [253]; Local

*

*

Government Board's Provisional Orders Con

firmation (Aberdare, &c.) * [254], and passed. Withdrawn-Church Patronage* [207]; Interments in Churchyards [125]; United Parishes (Scotland) * [201].

The House met at Two of the clock.

MERCHANT SHIPPING ACTS-SCREW
STEAMERS CARRYING GRAIN.

QUESTION.

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MR. DILLWYN asked the First Lord of the Treasury, If he will give precedence over the Government Orders of the Day to the Merchant Shipping Acts Amendment (No. 2) Bill, which was introduced by the honourable Member for Derby, and which stands for Second Reading on Thursday next?

MR. DISRAELI: Sir, I will answer frankly and, I hope, fairly, the inquiry of the hon. Gentleman. Her Majesty's Government are not prepared to give precedence to the Bill of the hon. Member for Derby on Thursday next, and for two reasons. In the first place, they could not support that Bill, because, however excellent its motives, it is their opinion that the tendency of that meaMR. WILSON asked the President of sure, if it were carried, would be to the Board of Trade, Whether, in antici- aggravate the evils it affects to remedy; pation of the extra demand for screw and, secondly, because the Bill would steamers for carrying grain during the lead, from its very character and the imcoming winter, in consequence of the portant principles which it involves, to bad harvest prospect in this country, the a protracted discussion, which would Government would bring in a short Bill require time, the want of which this Session for rendering it necessary has obliged Her Majesty's Ministers for all steamers constructed with a double to relinquish for the present the Bill bottom for water ballast to have their they themselves brought forward this stability tested, and a certificate given year. What, in their opinion, is reallowing them, if found safe, to carry quired at this moment is a temporary grain or seed cargoes; also that no measure-a short and temporary measteamer or sailing ships be allowed to sure-which will give more rapid and carry grain or seed without proper and direct action to the Government in the efficient protection and precautions be way of stopping unseaworthy ships, and provided by compartments and shifting a measure having that effect will almost boards, and when necessary a portion immediately be introduced by the Presiof the grain or seed be carried in bags; dent of the Board of Trade. When I also that owners of steamers and sailing say a temporary measure, I mean a meaships be required to fill up and return to sure limited in its operation to one year the Board of Trade a form stating the first, because the measure may involve maximum depth to which they propose powers which the House may not choose to load their vessels; and, also that the to grant to a Ministry for a permanent attention of the Board of Trade sur-measure; and, secondly, because a temveyors be specially directed to seeing that steamers' engine and boiler and bunker space openings are efficiently protected from the sea, and that they

porary measure, or measure for one year will be a material guarantee for the introduction, at the earliest possible opportunity next Session, of a per

manent measure on the subject. Now, | Session, there is very little doubt they with regard to the measure of the hon. will-Tuesdays and Wednesdays for the Member for Derby, I can answer for the remainder of the Session ? Government-that is to say, if I have then the general conduct of affairs in this House-he shall have every fair opportunity of bringing his views before the House and the country. I will take care that the two measures-that of the Government and that of the hon. Member for Derby-shall be introduced simultaneously; that their true principles shall at the same time be brought under the consideration of the House; and I doubt not that with the adequate time and thought which the House will then enjoy and be able to afford we shall come to conclusions advantageous to the public welfare.

MR. SULLIVAN said, that he might be excused if he should ask the Prime Minister or the President of the Board of Trade if he could promise that the Bill which was to be brought in tomorrow would be introduced at an hour which would afford time for an adequate statement on the subject? He put the Question because it would materially affect the course which would be taken on Thursday.

MR. DISRAELI: Sir, if we can get the control of the time to-morrow, of course I will make arrangements with a view to meet the wishes of the hon. Gentleman; but any arrangement I can make will of course depend on the indulgence of the House. We shall do our utmost to bring forward the Bill at a time when there can be a fair expression of opinion; but I must appeal to the indulgence of the House for that purpose.

MR. J. G. TALBOT: Following up the Question of the hon. Member, I wish to ask the right hon. Gentleman when he proposes to make the Motion for taking Tuesdays and Wednesdays?

MR. DISRAELI There is a Motion on the Paper for this evening to that effect.

THE MARQUESS OF HARTINGTON: I have no right to ask the Question I am about to do, and I will not press it if the right hon. Gentleman says that he is unable to answer me; but it will be very convenient if he informs the House what business he intends to proceed with to-morrow in case the House place at his disposal-as I think, considering the advanced period of the

MR. DISRAELI: Really I have not had that presumption so far to count upon the indulgence of the House as to regulate the Business of the House in advance. If the permission for which we have asked is granted, we propose to proceed to-morrow with the measure which has already much occupied us, and will again occupy us to-day-the Agricultural Holdings (England) Bill. If that measure is concluded in Committee to-night we shall make an arrangement which I hope, on the whole, may be satisfactory; but in our present uncertain state I cannot say anything definite.

MR. GOLDSMID inquired when the Government would propose the Motion that for the remainder of the Session Tuesdays and Wednesdays should be at their disposal? Would it be done at 9 o'clock to-night, or at 2 or 3 o'clock to-morrow morning? [Cries of "Now!"]

MR. SPEAKER: With the general permission of the House a Motion of this kind, relating to the Business of the House, can be made now; and if it is the pleasure of the House that the Motion should be put at once, I will at once put it.

MR. W. H. SMITH then moved that Government Orders of the Day shall have precedence on Tuesdays and Wednesdays for the remainder of the Session.

Motion made, and Question proposed,

"That Government Orders of the Day shall have precedence on Tuesdays and Wednesdays for the remainder of the Session."-(Mr. William Henry Smith.)

MR. SULLIVAN said, some of his Colleagues attended on the previous evening to make a strong representation against taking away that day week on account of a Notice of Motion given by his hon. and learned Friend the Member for Limerick (Mr. Butt) for that day. They asked that Tuesday next should be excepted from the Motion. The Under Secretary for India informed him on Monday that the Government did not intend to take that Tuesday in view of his hon. and learned Friend's Motion. As regarded his own Motion in reference to the Guikwar of Baroda, he complained strongly that he was only in

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