HC Deb 16 June 1892 vol 5 cc1336-52

CONSIDERATION.

As amended, considered.

DR. CLARK (Caithness)

I do not know whether the Lord Advocate would consider the desirability of having this Bill re-committed. There are one or two Amendments which might be considered.

SIR WILLIAM HARCOURT (Derby)

I hope my hon. Friend will not insist that this Bill, which consists of some hundreds of clauses, should be re-committed.

New Clause—

Page 42, after Clause 103, insert the following Clause:—

(Lighting of common stairs, &c.)

(1.) The owner or owners of common stairs or passages or private courts, or of lands or premises having a right of access by any common stair or passage or private court, shall provide, fit up, and maintain, and renew, in such common stairs, passages, or private courts, all necessary lamps, brackets, and other means of lighting, and all necessary means of extinguishing the light, and shall provide the necessary supply of gas or other light therefor; and such owner or owners shall further, on being required by the Commissioners, within seven days next after the service of an Order for that purpose, provide and fit up in such common stairs, passages, or private courts, such number of lamps, brackets, and other means of lighting, and all such means of extinguishing the lights as the Commissioners may determine, and provide the necessary supply of gas or other light, as may be required by the Commissioners, and shall maintain, alter, repair, and renew such lamps and brackets to the satisfaction of the Commissioners, and in default of compliance with any Order of the Commissioners under this section, such owner or owners shall, each only in respect of any act or default of his own, be liable to a penalty not exceeding forty shillings, and a daily penalty of a like amount; Provided always that the owner or owners so providing a supply of gas or other light shall be entitled to recover the amount expended by such owner or owners in providing such supply from the occupiers of every such house or building in or entering or having access by the common stair, passage, or court, each such occupier being liable to pay his proportionate part of such amount according to the rent payable by each such occupier respectively: Provided further that the occupier or occupiers shall in all cases clean, light, and extinguish the lights, at such time or times as shall be ordered by the Commissioners by any resolution passed by them and published once weekly for at least two weeks in some newspaper published or circulating in the burgh; and any occupier failing to comply with any such Order or Resolution shall be liable to a penalty not exceeding forty shillings, and to a daily penalty of like amount,"—(The Lord Advocate,) —brought up, and read a first time.

Motion made, and Question proposed, "That the Clause be read a second time."

(7.28.) DR. CLARK

There is only one point to which I wish to refer. I should like if the Lord Advocate would consider the advisability of leaving out the last twenty-five lines at the end. It is the present law, I admit, that the occupier should keep the lamps clean and extinguish them; but it is impossible for a man to do this who may be away at the coast or elsewhere with his family. But there have been so many changes made in the clause that most of my objections have been taken away. Still, I think it desirable that this burden should be placed on the Commissioners rather than upon the occupier.

(7.29.) THE LORD ADVOCATE (Sir C. J. PEARSON,) Edinburgh and St. Andrew's Universities

I have considered this clause very carefully, and what is now proposed is the result of the compromise which was arrived at. I hope the hon. Member will allow the clause to pass as it stands.

Motion agreed to.

Clause read a second time, and added to the Bill.

New Clause—

(Power to Commissioners to supply light and charge owner.)

(2.) The Commissioners may at any time, and from time to time as they think fit, provide, fit up, maintain and renew, in such common courts, passages, or private courts, as they may consider to be insufficiently lighted, all necessary lamps, brackets, and other means of lighting, and all necessary means of extinguishing the light, and provide the necessary supply of gas or other light therefor, and by their inspector of lighting, or any other officer or servant of the Commissioners, clean any lamps and brackets, and light and extinguish the same, and for all purposes aforesaid the inspector of lighting, or any other officer or servant of the Commissioners, shall be entitled to require and shall have access to and from all such common stairs, passages, or private courts at all times, and the Commissioners may, in such cases as they think fit, recover the expense they may incur as a debt from the owner, or if there are more owners than one, then proportionately from each owner according to the rental of the properties of each owner in any house or building or part thereof, to which access is obtained by such common stair, passage, or private court, and such owner or owners shall be entitled to recover the amount expended in providing the supply of gas or other light from the occupiers, each such occupier being liable to pay his proportionate part of such amount according to the rent payable by him: Provided always, that the said expense, recoverable by the Commissioners as aforesaid, shall not in the case of common stair lighting exceed twenty shillings per burner per annum, and in the case of all other lighting exceed twenty-five shillings per burner per annum,"—(The Lord Advocate,) —brought up, read a first and second time, and added to the Bill.

New Clause—

Page 160, after Clause 426, insert the following Clause:—

(Power to seize diseased cattle.)

In the case of cattle infected with or labouring under any disease within the meaning of the Contagious Diseases (Animals) Acts, 1878 to 1886, kept within the burgh, being exposed or offered for sale, or being brought or attempted to be brought through any street or into any market or fair, any inspector, collector, or constable may seize any such cattle, and cause the same to be inspected by a veterinary inspector, and may report such seizures to any magistrate, and such magistrate may, after hearing the evidence, either order such cattle to be restored, or direct the same, and also any pens, hurdles, troughs, litter, hay, straw, and other articles which he may deem likely to have been infected thereby, to be forthwith destroyed, or otherwise disposed of; and any person bringing or attempting to bring any cattle through any street, or into any market or fair, knowing the same to be labouring under any such disease, shall for every such offence be liable to a penalty not exceeding twenty pounds,"—(The Lord, Advocate,) —brought up, and read a first time.

On Motion of The LORD ADVOCATE, the following Amendments were agreed to:— Line 1, after the word "or" omit "labouring under," and insert "suspected of"; line 3, after the word "to," omit the words "1886, kept within the burgh," and insert the words "1890.

Clause, as amended, read a second time, and added to the Bill.

New Clause—

(Power to proceed against original seller of diseased cattle, &c.)

Where any person is convicted by any magistrate of the offence of selling or exposing for sale, or of having in his possession for sale, any unsound or diseased animal or diseased meat, or any animal or meat unfit for the food of man, and intended for such food, it shall also be lawful for the burgh prosecutor to proceed against the original seller of such animal or meat as if he were an offender art and part with the convicted person, and as if he had committed such offence within the burgh, provided that such animal or meat were unsound or diseased, or unfit for the food of man, at the time of the sale thereof by such original seller to the convicted person; and the purchase by the convicted person, or by any one on his behalf, from such original seller, wheresover made or carried out, shall be taken and held to be a sale by such original seller of the animal or meat in question within the burgh, in premises kept and used for the sale of animals or meat; and the penalty and punishment provided by this Act against the person convicted shall also be applicable to and be leviable and recoverable from such original seller, and all the powers, authorities, jurisdiction, and forms of procedure given and provided by this Act against the convicted person shall be applicable to the prosecution, trial, and punishment of such original seller,"—(The Lord Advocate,) —brought up, read a first and second time, and added to the Bill.

On Motion of The LORD ADVOCATE, the following Amendments were agreed to:— Clause 1, page 1, line 9, leave out "and health. Clause 4, page 3, line 5, leave out sub-section (10). Clause 11, page 8, line 10, after "and," insert "where not divided into wards to divide the same into wards, and. Clause 13, page 9, lines 21 and 22, leave out "landowner or householder," and insert "owner or occupier. Clause 14, page 10, line 4, leave out "director general of the Ordnance Survey," and insert "Board of Agriculture."' Clause 15, page 10, line 15, after "that," insert, "such adoption in part of this Act shall not affect any private interests which shall have been specially regulated by any local Act, and provided further that.

DR. CLARK

I beg to move, in Clause 28, page 16, line 17, to leave out the word "male." I object, in this nineteenth century, to limiting the choice of persons eligible for the office of Commissioner. Let them elect whom they think proper. I will not press it at this period of the Session, for if the Lord Advocate will persist in limiting the choice of Commissioners to males, then of course there is no use in saying anything more. I simply enter my protest against it.

Amendment proposed, in page 16, line 17, to leave out the word "male."—(Dr. Clark.)

Question, "That the word 'male' stand part of the Bill," put, and agreed to.

On Motion of The LORD ADVOCATE, the following Amendments were agreed to:—

Clause 30, page 17, line 17, leave out "August," and insert "September"; line 26, leave out "September," and insert "August."

*SIR C. J. PEARSON

I beg to move, in Clause 32, page 18, line 22, at end, add— Provided, that in the case of any burgh situated in any island of Scotland, it shall not be necessary in the event of a double return, or failure to nominate the requisite number for election, to carry through the whole election procedure anew, but instead thereof the Commissioners at a meeting to be held at twelve o'clock noon on the first Friday after the annual election shall, in the event of there being an equality of votes, determine by vote which of the candidates shall be preferred; and in the event of the whole or any part of the number of Commissioners not being elected, it shall be lawful for the Commissioners then in office, at such meeting, to supply the deficiency by such and the like proceedings as are provided for in the case of interim vacancies. It is right that, as this has not been mentioned previously, I should state in a word or two the reason of this Amendment. It is put in at the suggestion of the hon. Member for Ross-shire, and he mentioned a case in which the circum- stances contemplated by the Amendment might occur. It is the case of Stornoway, and I have satisfied myself from the information I have received that the exigencies of communication are such that, within the time required, the thing could not be carried through, in some cases, except under very favourable circumstances. I hope the suggestion of the hon. Member for Ross-shire, which is embodied in this proviso, will be adopted.

Amendment agreed to.

DR. CLARK

I beg to move, in page 18, line 22, to insert the words— In any burgh where various municipal or police authorities are amalgamated or united under this Act, the whole of the Magistrates and Councillors or Commissioners shall retire from office on the first Monday of November after the pasting of this Act. This Amendment is only to come into force where various Municipal Authorities are amalgamated under the Act. It will then compel all the Commissioners to retire, and the combined duties of both the Commissioners and Councillors will be performed by the new body of Commissioners. It is to give them the choice of re-electing some of the old Commissioners or Councillors to the new Board.

Amendment proposed, In page 18, line 22, to insert the words "In any burgh where various municipal or police authorities are amalgamated or united under this Act, the whole of the Magistrates and Councillors or Commissioners shall retire from office on the first Monday of November after the passing of this Act."—(Dr. Clark.)

Question proposed, "That those words be there inserted."

*SIR C. J. PEARSON

I confess myself unable to understand the reference in this proposal to the other clauses of the Bill, and I wish the hon. Member had expounded what he means by it. There are only two clauses in this Bill which deal with the matter, so far as I know, and those are Clause 42 and Clause 45. Clause 45 is the only one which deals with amalgamation, but I gather from what the hon. Member says that that has nothing to do with it. Under the other clause we take away the privileges of one body and centre them in another body; but that does not involve the retirement of any- one, and therefore it does seem to me that this Amendment would really have no application at all in any supposed case under Clause 42. The clause does not sweep away one body and leave another, but what it does is to leave both bodies and to vest certain attributes of the one in the other—such as the charge of police, water supply, and other matters. Therefore, this proposal that the whole of one body should retire does not seem to have any foundation. It would be most unfortunate to have a break in the continuity of the succession of Town Councillors, which is provided for under the existing law by the retirement of one-third of the Council annually.

(7.41.) DR. CLARK

The explanation is this. There are two barony burghs affected by this Amendment: Thurso, in my constituency, and Kirkintulloch, and there may be others. All the powers under the definition you give of a burgh boundary will be transferred from them to the Burgh Commissioners, and if they are to continue to exist it will be in name only, because all their powers are taken away from them. The intention of this clause is to wipe them out altogether, and under these circumstances it is only desirable that these magistrates and members of the Town Council shall have a chance of being elected Police Commissioners; otherwise they will not have a chance for two or three years. However, I shall not press the Amendment.

Amendment, by leave, withdrawn.

(7.43.) DR. CLARK

My next Amendment is to make clear what is rather obscure in the case of the burghs of Wick, Banff, Macduff, and Dumfries. Some difficulty has been found with regard to what is supposed to be meant by Parliamentary burgh. The Lord Advocate has an Amendment which will probably carry out this object, and if he thinks his sufficient I shall not press mine.

Amendment proposed, In page 20, line 23, after the word "burgh" to insert the words "not being a Parliamentary burgh only."—(Dr. Clark.)

Question proposed, "That those words be there inserted."

*(7.44.) SIR C. J. PEARSON

The hon. Member is quite right that there ought to be some Amendment in this clause, and I have been in communication with the hon. Member for the Elgin Burghs and the hon. Member for the Wick Burghs, and the result of our consultation is embodied in the next Amendment standing in my name. I therefore hope the hon. Member will withdraw his Amendment.

Amendment, by leave, withdrawn.

(7.45.) Amendment proposed, In page 20, line 38, leave out all after "Commissioners," to end of Clause, and insert, "Provided always that where a royal burgh, or a police burgh, or part thereof is included within the Parliamentary area of a burgh, this section shall not apply to the effect of uniting such burghs or amalgamating the administration thereof, but without prejudice to any application for such amalgamation under the provisions of Section forty-five of this Act."—(The Lord Advocate.)

Question proposed, "That those words be there inserted."

MR. MCDONALD CAMERON (&c.) Wick,

I believe my constituents are satisfied that this Amendment will carry out their views.

Question put, and agreed to.

On Motion of The LORD ADVOCATE, the following Amendments were agreed to:— In page 21, at end, add, "Provided that nothing contained in this Act shall prejudice or affect the provisions of Section eighty-one of 'The Local Government (Scotland) Act, 1889,' and if any question shall arise under this proviso, the same, failing agreement, may be determined by the Secretary for Scotland after such inquiry as he shall think fit, and the provisions of Section ninety-three Sub-section three of the last-mentioned Act shall apply to such inquiry. Page 21, line 6, leave out "royal or Parliamentary.

(7.48.) DR. CLARK

My next Amendment is to the effect that the Provisional Order for union between burghs shall determine not only the condition as to costs, but also the conditions under which the union of adjoining burghs shall take place as to a differential rate in each district for a special period or otherwise. Unless there be some such power the union of adjoining burghs may be deferred for some time, and I think this power ought to be given to the Secretary for Scotland.

Amendment proposed, Page 22, line 28, after the word "the," to insert the words "conditions under which the union of adjoining burghs shall take place as to a differential rate in each district for a special period, or otherwise, and to the."—(Dr. Clark.)

Question proposed, "That those words be there inserted."

(7.49.) SIR C. J. PEARSON

I have considerable sympathy with this Amendment, and would accept it were it not that I think the hon. Member is under a slight misapprehension. He rightly said that it was his desire that the Secretary for Scotland should have power to put in the Provisional Order such a stipulation. But Sub-section 3, which he proposes to amend, has no relation to the Provisional Order, because the Order there mentioned is not the Provisional Order, but an Order under the hand of the Secretary for Scotland with regard to the costs of the Provisional Order. Therefore, the Amendment would empower the Secretary for Scotland to deal with the costs of the Provisional Order, and also, outside the Provisional Order, to deal with a differential rate. That would be most inappropriate. I would refer the hon. Member to the first sub-section of this clause, paragraph 3, which says— Thereafter it shall be lawful for the Secretary for Scotland to issue a Provisional Order either in accordance with the prayer of the application, or with such modifications or alterations as may appear to him to be requisite. Under that I have no doubt that the Secretary for Scotland would impose such conditions as those desired by the hon. Member with reference to differential rating, and I hope the hon. Member will be satisfied with that assurance.

DR. CLARK

Do you think the Secretary for Scotland has the power I desire him to have?

SIR C. J. PEARSON

Yes.

DR. CLARK

Then I withdraw my Amendment.

Amendment, by leave, withdrawn.

On Motion of The LORD ADVOCATE the following Amendments were agreed to:— Page 23, line 36, leave out "them," and insert "it.

Page 27, line 34, leave out "landowner or householder," and insert "owner or occupier."

DR. CLARK

I beg to move, in page 28, line 14, after "court," insert "nor as an election agent in any Parliamentary election." I think if you are going to give your clerk a good salary he ought to devote his entire time to the work. At any rate, he ought not to undertake political work.

Amendment proposed, in page 28, line 14, after the word "court," to insert the words "nor as an election agent in any Parliamentary election."—(Dr. Clark.)

Question proposed, "That those words be there inserted."

SIR C. J. PEARSON

I should have liked more time to consider this Amendment; but after the best consideration I can give, I think it is a reasonable one, I am prepared to accept it.

Amendment agreed to.

On Motion of The LORD ADVOCATE the following Amendments were agreed to:— Page 32, line 18, leave out from "legally," to "be," in line 20, both inclusive, and insert "medical officer of health who shall be a registered medical practitioner, and who shall also be registered on the Medical Register as the holder of a diploma in sanitary science, public health, or state medicine, under section twenty-one of "The Medical Act, 1886. Line 20, before "to," insert "(2) It shall be the duty of the medical officer. Line 30, before the first "the," insert "(3). Page 34, line 8, after "1857," insert "and the provisions of the said Act as regards consolidation shall apply to all burghs which, at or after the passing of this Act, have, or are entitled to have, a separate police force. Page 34, at the end of Clause, insert "For the purposes of this section the burgh of Renfrew, and the police burgh of Lerwick, shall be deemed each to have had at the date of the last census a population of not less than seven thousand.

DR. CLARK

I beg to move, in page 37, line 16, to leave out all the words after "respectively," to the end of Clause 83. This is an Amendment we got into the Local Government Act, and it was in the Bill four years ago. This provision has been struck out so far as the counties are concerned, and I think it ought to be struck out as regards the burghs also. When the police are sent, for coercion purposes, into the Highlands, you require to get the consent of the Local Authority of the town from which they are taken. This gives arbitrary power to the Secretary for Scotland without the consent of the Town Council of Glasgow to send Glasgow policemen on an expedition to Skye. I trust the Lord Advocate will be content with the powers in the first portion of the clause.

Amendment proposed, in page 37, line 16, to leave out all the words after the word "respectively," to the end of Clause 83.—(Dr. Clark.)

Question proposed, "That the words proposed to be left out stand part of the Bill."

SIR C. J. PEARSON

I have looked into this matter so far as I have had time to do so, and I find that these words were inserted in the early copy of the Bill when it was being promoted by the Government of which the right hon. Member for Clackmannan (Mr. J. B. Balfour) was a Member. It is considered necessary in a time of emergency that the Secretary for Scotland or a responsible Minister should have power to order a portion of any police force to a district for temporary service without first having obtained the consent of the Local Authority. Taken on the whole this clause is likely to operate most beneficially, and therefore I hope that the House will agree to it as it stands.

Question put, and agreed to.

On Motion of The LORD ADVOCATE, the following Amendments were agreed to:— Page 45, line 36, after "streets," insert "including the foot pavements. Page 51, line 23, leave out "1885," and insert "1889. Page 51, line 38, after "flagged," insert "together with the footways thereof.

DR. CLARK

I beg to move, in page 54, line 10, to leave out "Commissioners," and insert "owners." I did not press this Amendment in Committee, but if the Lord Advocate wishes to be consistent he will now accept it. It is optional for the Commissioners to have a special rate for the purpose. Why should there be any change? I have three Amendments on the subject, but they all amount to the same.

Amendment proposed, in page 54, line 10, to leave out the word "Commissioners," and insert the word "owners."—(Dr. Clark.)

Question proposed, "That the word "Commissioners" stand part of the Bill."

SIR C. J. PEARSON

We do not propose to make any alteration in the incidence of assessments. Under the law as it stands the Commissioners are unable to take over the footways—which in itself is a desirable thing—unless they do it as owners. The clause, therefore, will enable them to get over the difficulty, and the Amendment is not necessary.

DR. CLARK

I will withdraw the Amendment now.

Amendment, by leave, withdrawn.

DR. CLARK

I now move, in page 54, line 15, to leave out from the word "footways," to the end of Clause 139. The clause will make a very considerable change, which I do not think we ought to permit. Two-thirds of the cost of making the pavements will at once fall upon the Commissioners, and I say that if we begin to make payments like this for the owners, we have soon have to roof their houses for them.

Amendment proposed, in page 54, line 15, leave out from the word "footways" to the end of Clause 139.—(Dr. Clark.)

Question proposed, "That the words proposed to be left out stand part of the Bill."

(8.10.) SIR C. J. PEARSON

I cannot agree with the account which the hon. Member has given of this proviso. I think it is perfectly fair that the Commissioners should in the first instance levy only one-third of the cost of the improvement on the owner, and pay the two-thirds out of the local assessment.

DR. CLARK

With interest.

SIR C. J. PEARSON

Does the hon. Member suggest that interest should be added?

DR. CLARK

No, I only wish to make the clause perfect.

SIR C. J. PEARSON

I consider that it is a perfectly reasonable clause, and I hope that it will be agreed to.

Question put, and agreed to.

Amendment negatived.

DR. CLARK

I will next move, as an Amendment— Page 54, at end of Clause 140, add "Whenever the Commissioners shall resolve to undertake the maintenance and repair of the foot pavements in any burgh by means of a general assessment, it shall be lawful for them to charge all owners of lands or premises within such burgh with a special paving assessment equal to but not exceeding twopenee in the pound of the gross yearly value of such land or premises over and above any other assessment or rates to which such persons may be liable under this Act.

MR. SPEAKER

I observe that there is a clause dealing with this question.

Amendment, by leave, withdrawn.

On Motion of The LORD ADVOCATE, the following Amendments were agreed to:— Clause 201, page 74, line 33, at end, insert "Provided always, that nothing herein contained shall alter, prejudice, or affect the existing constitution, rights, or privileges of any Dean of Guild Court existing at the commencement of this Act, the members, lyners, or assessors whereof are not, under the existing constitution, wholly appointed by the town council of the burgh. Clause 210, page 76, line 31, leave out "Commissioners of Her Majesty's Works and Public Buildings," and insert "Board of Agriculture. Line 39, leave out "Her Majesty's said Commissioners," and insert "the said Board. Clause 217, page 79, line 20, leave out "of. Page 92, leave out Clause 256. Clause 284, as amended, after "Provided that where, before the passing of this Act," insert "or within one year thereafter.

DR. CLARK

I beg to move, in page 116, line 33, to leave out Clause 329. You are giving the Commissioners, in this clause, power to harry the unfortunate occupier. I think the wiser plan would be to sell the property of the owner and not that of the occupier. I do not see why the occupier should be compelled to pay his landlord's debts. I think we should leave out this clause and also the next one.

(8.15.) MR. HUNTER (Aberdeen, N.)

I also hope that the Lord Advocate will agree to leave out these two clauses, because they would be of no value to the Local Authority.

Amendment proposed, in page 116, line 33, to leave out Clause 329.—(Dr. Clark.)

Question proposed, "That Clause 329 stand part of the Bill."

*(8.16.) SIR C. J. PEARSON

I have been informed that these clauses are regarded as useful clauses. They are, I believe, verbatim as they stood in the Act of 1862. This is a short plan for enabling the Municipality to recover what is due. It appears to me that this clause and the next one provide ample and sufficient safeguards.

Question put, and agreed to.

Amendment negatived.

Amendment proposed, in page 117, to leave out Clause 330.—(Dr. Clark.)

Amendment negatived.

On Motion of The LORD ADVOCATE, the following Amendment was agreed to:— Clause 345, page 122, at end of Clause, as amended, insert "and on and from the owner of such lands or premises the proportion of such assessment, if any, corresponding with the period during which such lands or premises were occupied during the said year by any other occupier.

Amendment proposed, in page 136, line 24, to leave out all after "prostitutes," to end of sub-section.—(Mr. Hunter.)

Question proposed, "That the words proposed to be left out stand part of the Bill."

*SIR C. J. PEARSON

I will accept the second of the hon. Member's Amendments if this one is withdrawn.

Amendment, by leave, withdrawn.

Amendment proposed, in page 136, line 29, to leave out the word "profane."—(Mr. Hunter.)

Question proposed, "That the word profane' stand part of the Bill."

*(8.15.) SIR C. J. PEARSON

I accept this Amendment; but, to prevent misconstruction, I may explain that I do so only to save the time of the House, and because such cases can be dealt with under the ordinary law.

(8.26.) MR. SAMUEL SMITH (Flintshire)

I think it desirable that this word should be left out, but that some other word should be substituted for it, such as "blasphemy."

(8.27.) MR. HUNTER

I am afraid that the attempt to insert that word would provoke a great deal of discussion in the House. It is most undesirable to give to unlearned magistrates the interpretation of a clause which makes blasphemy an offence. I have consulted the Criminal Law of Scotland, and I find only two offences specified—brawling in church and breaking the Sabbath. Therefore I think the clause should be amended as I propose. It would require a very strong case to be made out for an indictment for breaking the Sabbath to lie, and it is most undesirable that a term should be retained which has no legal meaning, and is liable to be construed according to the caprice of the magistrates. My recollection in connection with the word "profane" is in relation to history. When at school I remember being taught the difference between profane and sacred history. The history of the two great and noble peoples of antiquity—the Greeks and the Romans—were described as profane, while the history of the Jews was called sacred.

Question put, and negatived.

On Motion of Mr. HUNTER, the following Amendments were agreed to:— Page 136, June 34, after "recites," insert "in public. Page 136, line 34, leave out "profane or, Page 137, line 32, leave out "profane.

On Motion of The LORD ADVOCATE, the following Amendments were agreed to:— Page 197, line 30, leave out "three months," and insert "sixty days, except as hereinafter I provided. Page 197, line 42, leave out "three months," and insert "sixty days, except as hereinafter provided.

Schedule 1.

DR. CLARK

I beg to move in Schedule 1, after the word "Act," the insertion of the words "except Section 101." That section is the one by which the burden is left on the landlord if the footways are taken over. If you repeal Section 101 you repeal the burden, and I object to that being done.

Amendment proposed, In Schedule 1, page 190, line 22, after the word "Act," to insert the words "Section 101."—(Dr. Clark.)

Question proposed, "That those words be there inserted."

*SIR C. J. PEARSON

This Amendment raises a point already disposed of by one of the hon. Member's Amendments.

DR. CLARK

The Forms of the House prevented me raising it; therefore I am now bringing it forward.

*SIR C. J. PEARSON

On the merits of the question I have nothing to add to what has been said on this and previous occasions. This matter has come up twice already in reference to the incidence upon owners of the assessment for maintaining footways taken over. I can conceive nothing more awkward than to repeal the whole of the Public Health Act except a single clause.

MR. HUNTER

We take note that the Government have been very careful to omit one of the few rates which are very properly landlords' rates and to place the burden upon the occupier.

Question put.

(8.40.) The House divided:—Ayes 22; Noes 49.—(Div. List, No. 191.)

Motion made, and Question proposed, "That the Bill be now read the third time."

MR. SAMUEL SMITH

So far as I can gather, I believe that the Scotch Members would agree to the insertion of the word "blasphemous" in place of the word "profane," when the Bill is in another place.

MR. HUNTER

I can assure the hon. Member that the word "blasphemous" would not pass this House. The offence of blasphemy is already an indictable offence. It would be improper and inexpedient to give a magistrate who has no legal knowledge the power of construction.

MR. ANSTRUTHER (&c.) St. Andrew's,

Before we pass this Bill I should like to congratulate my right hon. and learned Friend on the skill with which he has piloted it through the House; and I think tribute ought also to be paid to the hon. Member for Caithness (Dr. Clark), who has endeavoured to amend the Bill, line by line, and clause by clause. Yet, in spite of the character of his attention, we may congratulate ourselves that the Bill has survived.

DR. CLARK

I beg to thank the hon. Member for his words, and to say that the bulk of my Amendments have been accepted and have improved the Bill, which, however, is still crude and undigested, and is not much better than the law of 1862, which it repeals. But a number of police burghs desired the honour of having provosts and bailies, and to the possession of that honour I do not object. Otherwise I do not think the Bill is much required in Scotland. It will soon have to be modified; indeed, one of the reasons urged why this Bill should go forward was that it might have a trial and later be amended. The Bill has been thrashed out and reformed so much that very few people understand it. I doubt very much whether even the right hon. Gentleman himself understands it. The Rating Clause, especially, will soon require alteration.

Question put, and agreed to.

Bill read the third time, and passed.