§ Order for Consideration, as amended, read.
§ Bill, as amended, considered.
§ (Highway district rating not to apply unless ordered by county authority.)
§ "Section seven shall not come into operation in any county, unless and until the county authority of such county, by provisional and final orders, made in manner provided by the Highway Acts for forming highway districts, shall so direct."
§ What he wished to urge upon the House was that a new principle was introduced by the Bill, and he took exception, not so much to the principle itself, as to its application. He objected to a forced and compulsory district rating wherever the Highway Board existed, and good reason ought to be shown for such a proposal before it was agreed to. He had failed to find there was any demand for it, except, perhaps, on the part of a few local grumblers, who were connected with isolated cases. Those who knew the present system, and how it worked, were of opinion that it had better be left alone. It might be said that the policy of district rating had already been conceded in the Union Assessment Bill; but he contended there was no analogy between the two cases. Union assessment rating was introduced to redress a grievance; but there was no such grievance in connection with the question of district rating. It might be said that, as the use of roads went to all, their common use involved the necessity of a common charge. But was it a matter of fact that such use existed? There were thousands of miles of roads in these highway districts that were nothing more or less than mere occupation roads—roads for the benefit of a farmhouse or a small group of houses, and not for the benefit of the public; and there was no sufficient ground shown to make these roads liable to be repaired at the charge of the highway district. Another argument which might be used was that they ought to equalize the 195 burden, making the roads equal throughout the country, the rich locality being brought in aid of the poor one. But if that principle was adopted, where was it to stop? There might be the case of a small and poor parish that required a large expenditure in regard to sewerage and water supply. Why should it not apply to its richer neighbours for help? In the county of Somerset they had got 3,000 or 4,000 miles of roads. These were in good condition, and he had heard no complaint of their management, neither had this highway district rate been asked for. Therefore, before it was imposed upon them, they ought to be allowed to say whether they wished it or not. Again, it might be said that this was a great boon, and that it was for their advantage that these highway districts should exist. Well, he merely desired by his Amendment to say that they should be allowed to refuse the boon if they did not wish it. There might be some cases in which the highway district rate might be fair and reasonable; but, in the majority of cases, he did not think it would be so. Do not lot his Amendment be misunderstood. He accepted the principle of highway districts. He knew the value of the principle, and it had been in work for many years. What he objected to most distinctly was their having imposed upon them, whether they wished it or not, the principle of district rating. He also wished to say that he did not think it was at all likely that the adoption of this principle would lead to any saving of money. At the present moment, wherever a highway district existed, the surveyor was bound to give an annual estimate to the way warden of the amount to be expended on the parish roads for labour and material; and if there was any excess over the ordinary expenditure, he could keep it under control. But all that would be at once got rid of by district rating, because it would no longer be the interest of the way warden to keep down the expenses. All the State could fairly demand of them was that they should keep good roads, and that they should manage them well and economically. If they did this, in Heaven's name, what more did they want?
§ New Clause—(Mr. Paget)—brought up, and read the first time.
196§ Motion made, and Question proposed, "That the said Clause be now read a second time."
§ MR. SCLATER - BOOTHsaid, he would not enter at length into a discussion of the question, because it was fully dealt with when the Bill was in Committee. All he would say was that his experience differed from that of his hon. Friend. If there were districts in Somersetshire to which this uniform rate would not be applicable, the magistrates should re-consider their districts. The benefit of highway districts was not to be measured merely by the question of economy, but by efficiency of management and common interests, and the object of the Bill was to spread the charges where that could legitimately be done. If any appeal could be suggested in difficult cases, he should be glad to consider the matter; but at present he must ask the House not to insert the clause in the Bill, because it would be antagonistic to all that had already been settled.
§ Question put, and negatived.
§ MR. SPEAKERI have to point out to the hon. Member for the West Hiding of Yorkshire (Mr. W. S. Stanhope), to the hon. Member for East Gloucestershire (Mr. J. R. Yorke), and to the hon. Member for Richmond (Mr. Dundas), that the clauses which stand on the Paper in their names, being money clauses, ought to have been moved in Committee of the Whole House, and that they cannot now be put from the Chair. The same remark will also apply to a clause proposed to be moved by the hon. Member for Salisbury (Dr. Lush).
§ On the Motion of Mr. SCLATER-BOOTH, the following Amendments were agreed to:—Clause 7, page 3, line 33, leave out "first," and insert "twenty-fifth;" in the same line, leave out "April," and insert "March." Clause 8, page 4, line 6, leave out "first," and insert "twenty-fifth;" line 7, leave out "April," and insert "March;" line 10, leave out "first," and insert "twenty-fifth;" same line, leave out "April," and insert "March." Clause 9, page 4, line 12, after "accounts," insert "of the highway authority;" line 20, after "accounts," insert "of the highway authority;" same line, after "parish," insert 197 "and of their officers;" line 32, after "the," leave out "highways," and insert "highway;" same line, after "Act," leave out "1862," and insert "1864." Clause 13, page 6, line 21, after "Act," insert " and subject to its provisions;" line 28, after "expenses," leave out "of," and insert "incurred from and after the twenty-ninth day of September one thousand eight hundred and seventy-eight;" line 29, after "paid," insert "to the highway authority of such area." Clause 16, page 8, line 1, leave out "an" and insert "a provisional."
§ Amendment proposed, in page 2, line 3, after the words "sanitary district," to insert the words "or with greater portion of such district."—(Mr. Hibbert.)
§ Question proposed, "That those words be there inserted."
§ Amendment, by leave, withdrawn.
§ MR. J. R. YORKE (for Mr. STANSFELD)moved, in Clause 20, page 8, line 39, after "extraordinary," to insert "temporary." His object was to raise the question which was embodied in the Amendment which Mr. Speaker had not allowed him to move.
§ Amendment proposed, in page 8, line 39, after the word "extraordinary," to insert the word "temporary."—(Mr. Reginald Yorke.)
§ Question proposed, "That the word 'temporary' be there inserted."
§ MR. SCLATER-BOOTHsubmitted, as a Question of Order, that it was not competent for the hon. Gentleman, by taking up the Amendment of the right hon. Member for Halifax, to raise a question as to which it had been ruled by the Chair that it could not be discussed.
§ MR. SPEAKERIt is clearly out of Order to discuss a clause which has been ruled cannot be put from the Chair.
§ Question put, and negatived.
§ And it being a quarter of an hour before Six of the clock, the further Proceeding on Consideration of the Bill, as amended, stood adjourned till To-morrow.