§ MR. P. A. TAYLORasked the Secretary of State for the Home Department, Whether he has received a memorial from St. John's Common, Sussex, signed by 1,302 persons, calling his attention to the case of Luke Hills, an agricultural labourer sentenced by the Cuckfield magistrates to three months' imprisonment on a charge of breach of contract,; and, whether, taking into consideration the peculiar circumstances of the case, and the fact that the man has already been imprisoned for about a month, he will recommend that the rest of his sentence should be remitted? There was some mistake in the Answer which the Secretary of State gave the other day on this subject. Therefore, he wished to know whether the right hon. Gentleman was aware that a communication from the Home Office was sent on Monday, the 8th, the day before he gave his answer to the memorialists, which stated that Mr. Secretary Cross had thoroughly examined the question and was unable to comply with the prayer thereof?
MR. ASSHETON CROSSWhat I stated, Sir, was perfectly true—namely, that my attention had been called to this matter by the Question of my hon. Friend, and that when I asked for Papers they were placed in my hands that very morning. I was not aware that a letter had been sent. But the matter has been very carefully investigated, and I am not aware that there are any very peculiar circumstances in the case. The man was not an agricultural labourer, but a carter, and was brought up under the Master and Servants Act because, having been engaged for 12 months, and, although warned not to do so, he gave a fortnight's notice. His master proceeded against him, not for fine, but because his horses were left idle, and he had thus incurred damages to the extent of £10 The master asked for a fine of only £5. The magistrates, after very carefully considering the case, came, in my opinion, to a very proper decision—that the master had a perfect right to have damages awarded to the extent of £5, and 18s. 2d. 1611 costs, not £3 18s. 2d., as stated in the memorial. It is quite true that, in default of payment, the man was sentenced to be imprisoned, with hard labour, for three calendar months. Having taken this into consideration and considering also that the Commission on the Labour Laws have come to an unanimous conclusion that matters of breach of contract should be treated simply as civil questions, and not as criminal questions, I will consider how far the remaining portion of the sentence may be remitted. The Report of the Commission is not in the hands of the magistrates; but I will consider whether the sentence shall be remitted in order that the man shall not be put at a disadvantage because he happened to be convicted just before this Report was made.
§ MR. P. A. TAYLORgave Notice that on going into Committee of Supply on Friday, the 19th, he would call attention to the case of Luke Hills, and move that an humble Address be presented to Her Majesty, praying that She would be graciously pleased to grant him a free pardon.
MR. ASSHETON CROSSThe hon. Gentleman must have misunderstood me. What I stated was that it was under my consideration how much of the sentence ought to be remitted, and probably long before the hon. Gentleman will have an opportunity of bringing the matter before the House it will be entirely settled.