Lords Sitting of 12 May 1896

UNIVERSITIES OF OXFORD AND CAMBRIDGE ACT, 1877.
I. Statute made by the Governing Body of Wadham College, Oxford, on the 6th day of December 1895, amending Clause 11 of Statute IV. of the Statutes of the College.
II. Statutes made by the Governing Body of Corpus Christi College, Oxford, on the 13th day of December 1895, amending Section 37 of the Statute of the College concerning the scholars, exhibitioners, and commoners.
Laid before the House (pursuant to Act), and to be printed.—[No. 91.]

LOCAL GOVERNMENT PROVISIONAL ORDER (POOR LAW) BILL.
House in Committee (according to Order): Bill reported without amendment: Standing Committee negatived; and Bill to be read 3a on Friday next.

PUBLIC HEALTH (SCOTLAND)—(No. 2)— BILL [H.L.]
House in Committee (according to order).
[EARL OF MORLEY in the Chair.]
Clause 1,—

SHORT TITLE.
This Act may be cited as the Public Health (Scotland) Act, 1896.
*THE SECRETARY FOR SCOTLAND (Lord BALFOUR)*THE SECRETARY FOR SCOTLAND (Lord BALFOUR) moved that the Amendments made by the Select Committee be agreed to.
Motion agreed to; clause, as amended, ordered to stand part of the Bill.
Clause 2,—

EXTENT AND COMMENCEMENT OF ACT.
This Act shall extend to Scotland only, and shall come into operation on the first day of January after the passing thereof.
*LORD BALFOUR*LORD BALFOUR moved an Amendment, providing that the Act
"shall extend to Scotland only, and shall, except in so far as otherwise expressly provided, come into operation on the first day of January after the passing thereof."
Amendment agreed to; Clause, as amended, ordered to stand part of the Bill.
Clause 15,—

LOCAL AUTHORITY TO APPOINT MEDICAL AND OTHER OFFICERS.
The local authority shall appoint a medical officer or medical officers, and a sanitary inspector or inspectors, the latter of whom shall be also inspector or inspectors of common lodging-houses, and the local authority shall make byelaws for regulating the duties of such medical officers and sanitary inspectors and their relations to each other, whether appointed before or subsequent to the commencement of this Act; and the local authority may, and if required by the Board shall, appoint convenient places for their offices, and shall allow to every such medical officer and every other officer or clerk appointed by them on account of his employment a proper salary; and the names and addresses and salaries of the said medical officers and others shall be reported by the local authority to the Board immediately on such persons being appointed and such salaries fixed; and the said medical officers and others, and the local authority and their clerk, and the registrars of births, deaths, and marriages shall be bound to make such returns and special reports to the Board in such form and at such times as the Board shall require.
No person shall be appointed as a medical officer of a burgh unless he possesses the qualifications set forth in section seventy-seven of the Burgh Police (Scotland) Act, 1892. No person shall be appointed as the medical officer or sanitary inspector in any district, other than a burgh, unless he possesses the qualifications set forth, as the case may be, in section fifty-four of the Local Government (Scotland) Act, 1889.
No medical officer or sanitary inspector appointed by the local authority under this or any of the repealed Acts shall be removable from office, except with the sanction of the Board.
The registrar of births, deaths, and marriages in each registration district shall furnish to the local authority such periodical returns of births and deaths as may be required of him and approved by the Board, and for each death included in such return and for each return of births he shall be paid by the local authority the sum of twopence, but so that the total payments in any year shall not be less than the sum of twelve shillings; and the local authority shall provide the forms on which such returns are to be made, and shall pay for their transmission by letter post.
The medical officer and sanitary inspector shall, if required by the local authority, respectively name a duly qualified substitute for whom they shall be responsible, and if the local authority shall approve of the nomination, such substitute shall have the same powers and duties as the medical officer or sanitary inspector, as the case may be, during the temporary illness or necessary absence of either of them.
THE EARL OF ROSSLYN THE EARL OF ROSSLYN moved, after "inspectors of common lodging-houses," to insert the words:—
"And the County Council shall also appoint a chief medical officer through whom all medical officers and sanitary inspectors' reports and other public health business shall be transmitted, and to whom all other medical officers and sanitary inspectors shall be subordinate."
His Lordship stated that he had received many representations from the County Council of Fife, and also from the Society of Medical Officers in Scotland, and even from the sanitary inspectors, drawing his attention to the extremely unsatisfactory relations existing between the medical officers and the sanitary inspectors. Their lordships would agree that it was very difficult, nay, almost impossible, to transact any departmental business without a head to such a Department. He could personally vouch for the present unsatisfactory relations existing between some medical officers and the sanitary inspectors; in some cases those relations were so strained as to lead to an interference with the sanitary services of the county. The sanitary inspectors were men who had performed many services of utility, but no one could deny that they were not so well educated as a body as they might be, and not fitted to carry out the onerous duties they had at present to perform. It was essential to the proper performance of their duties that their relationship with the medical officers should be clearly defined, and this was not done in the Bill. It was the wish in Scotland that it should be so defined, and he contended that it should not be possible for the local authority to receive two reports—one from the sanitary inspectors and the other from the medical officer—as to the sanitary condition of any dwelling-house or village. The two reports should come through one head officer, who would be able to advise the local authority.
*LORD BALFOURhoped that the noble Earl would not press the Amendment, because, however acceptable it might be to the authorities in Fife, it would not be acceptable over the great part of Scotland. The noble Earl was in error in saying that the Bill made no provision for remedying the friction arising between the sanitary and medical officers in counties. The present clause would supply the remedy in a much less objectionable way than was proposed. The Select Committee had agreed that the best method to meet this undoubted difficulty would be to allow county authorities to make bye-laws to regulate the respective duties of medical officers and sanitary inspectors. If the County of Fife desired to make its medical officer supreme it would be able to do so under those bye-laws; but it would be unwise to attempt to lay down in the Bill a set condition regulating the duties of medical officers and sanitary inspectors. This was why the Government proposed to proceed by means of bye-law. The question had been fully discussed by the Select Committee, and they were unanimous with regard to this point.
THE EARL OF ROSSLYNdeclared his intention to press his Amendment to a Division.
THE DUKE OF RICHMOND AND GORDONurged the noble Lord not to put the House to the trouble of a Division. The matter was thoroughly debated in the Committee, and they came to a unanimous vote in favour of the proposal as laid down in the Bill.
THE EARL OF ROSSLYNsaid he was particularly asked to press this point, and if he could get anybody to tell with him he was ready to divide the House.
THE EARL OF ROSEBERYhoped the noble Lord would not divide, because even the modest party which constituted the Opposition would not give him their support, and the noble Lord could hardly hope to defeat the Government under these circumstances. [Laughter.]
THE EARL OF CAMPERDOWN THE EARL OF CAMPERDOWN moved to omit the words "but so that the total payments in any year shall not be less than the sum of twelve shillings."
Amendment agreed to; clause, as amended, ordered to stand part of the Bill.
Clause 38,—

SCAVENGING AND CLEANSING.
With respect to the formation of special districts for scavenging and other purposes under Section 44 of the Local Government (Scotland) Act, 1894, the following provision shall have effect (that is to say):
It shall be competent to appeal to the Sheriff against any resolution of a District Committee or County Council, as the case may be, under Sub-section 2 of the recited section, and all the provisions of Section 111 of this Act in regard to an appeal to the Sheriff against a resolution of a local authority shall, with the necessary modifications, apply to an appeal against a resolution of a District Committee or County Council as aforesaid.
THE EARL OF ROSSLYN THE EARL OF ROSSLYN moved to insert, after "that is to say" the following:—
"Should a Parish Council delay or refuse to make a requisition to the County Council or District Committee to form a scavenging or cleansing district, and should the medical officer of health or sanitary inspector of the county or district report that any part of the parish is in a state that is dangerous to public health, the County Council or District Committee, as the case may be, may present a petition to the Sheriff of the county to inquire into the complaint, who shall have power, if he finds the complaint well founded, to make an order on the Parish Council to requisition the County Council or District Committee to form a scavenging or cleansing district."
*LORD BALFOURcould not accept the Amendment in its present form, because he did not think the Sheriff was the proper authority to give an opinion upon a matter of this kind, which was much more administrative than legal. On the other hand, he admitted that some districts were too slow in forming themselves into special districts. If the noble Lord would withdraw his Amendment he would undertake to consider the subject before the Bill reached the Committee stage in the other House of Parliament, with a view to proposing that something should be done, but he thought that the appeal, if any, should be with the County Council rather than the Sheriff.
THE EARL OF CAMPERDOWNasked whether, if a clause of this sort were inserted, it would not alter the whole thing. Because at present the formation of these scavenging districts was purely optional and this clause appeared to make it compulsory.
*LORD BALFOURsaid he had not committed himself to the machinery, but the point was worthy of consideration.
Amendment by leave withdrawn; clause ordered to stand part of Bill.
Clause 46,—

POWER TO LOCAL AUTHORITY TO EXTEND DEFINITION OF INFECTIOUS DISEASE.
(1.) The local authority of any district may, from time to time, by a resolution passed at a meeting of that authority of which such special notice has been given as in this section mentioned, order that any infectious disease other than a disease specifically mentioned in the preceding section shall be deemed to be an infectious disease within the meaning of that section.
(2.) Fourteen clear days at least before such meeting special notice of the meeting, and of the intention to propose the making of such order, shall be given to every member of the local authority, and the notice shall be deemed to have been duly given to a member if it is either:

(a) given in the mode in which notices to attend meetings of the local authority are usually given, or

(b) where there is no such mode, then signed by the clerk of the local authority and delivered to the member or left at his usual or last-known place of abode in Scotland, or forwarded by post in a prepaid letter addressed to the member at his usual or last known place of abode in Scotland.

(3.) Any such order may be permanent or temporary, and, if temporary, the period during which it is to continue in force shall he specified therein, and any such order may be revoked or varied by the local authority which made the same.
(4.) An order under this section and the revocation and variation of any such order shall not be of any validity until approved by the Board.
(5.) When it is so approved, the local authority shall give public notice thereof by advertisement in a local newspaper or by hand-bills, or otherwise in such manner as the local authority think sufficient for giving information to all persons interested. They shall also send a copy thereof to each registered medical practitioner whom, after due inquiry, they ascertain to be residing or practising in their district.
(6.) The said order shall come into operation at such date not earlier than one week after the publication of the first advertisement of the approved order as the local authority may fix, and upon such order coming into operation, and during the continuance thereof, an infectious disease mentioned in such order shall, within the district of the authority, be an infectious disease to which this part of this Act applies.
(7.) In the case of emergency three clear days notice under this section shall be sufficient, and the resolution shall declare the cause of such emergency and shall be for a temporary order, and a copy thereof shall be forthwith sent to the Board and advertised, and the order shall come into operation at the expiration of one week from the date of such advertisement, but unless approved by the Board shall cease to be in force at the expiration of one month after it is passed, or any earlier date fixed by the Board.
(8.) The approval of the Board shall he conclusive evidence that the case was one of emergency.
*LORD BALFOUR*LORD BALFOUR moved to insert following new sub-section at the end of the clause—
(9.) This section shall have effect from and after the passing of this Act.
It was, he explained, a machinery clause, designed to bring into immediate operation part of the Infectious Diseases Notification Act.
Amendment agreed to; clause, as amended, ordered to stand part of the Bill.
Clause 53,—

PENALTY OF PERSONS LETTING HOUSES MAKING FALSE STATEMENTS AS TO INFECTIOUS DISEASE.
Any person letting for hire, or showing for the purpose of letting for hire, any house or part of a house, who, on being questioned by any person negotiating for the hire, as to the fact of there being, or within six weeks previously having been, therein any person suffering from any infectious disease, knowingly makes a false answer to such question, shall be liable, at the discretion of the sheriff, magistrate, or justice, to a fine not exceeding twenty pounds, or to imprisonment, with or without hard labour, for a period not exceeding one month.
*LORD BALFOUR*LORD BALFOUR moved to leave out "with or without hard labour."
Amendment agreed to; clause, as amended ordered to stand part of the Bill.
Clause 60,—

PROHIBITION ON CONVEYANCE, ETC., OF INFECTED PERSON IN PUBLIC CON- VEYANCE.
It shall not be lawful for any owner or person in charge ef a public conveyance or ship knowingly to convey therein, or for any other person knowingly to place therein, a person suffering from any infectious disease, or for a person
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suffering from any such disease to enter any public conveyance or ship, shall be liable to a fine not exceeding ten pounds; and if any person so suffering is conveyed in any public conveyance or ship, the owner or person in charge thereof, as soon as it comes to his knowledge, shall give notice to the local authority, and shall cause such conveyance or ship to be disinfected, and if he fails so to do he shall be liable to a fine not exceeding five pounds, and such owner or person in charge shall be entitled to recover in a summary manner from the person so conveyed by him, or from the person causing that person to be so conveyed, a sum sufficient to cover any loss and expense incurred by him in connection with such disinfection. It shall be the duty of the local authority, when so requested by such owner or person in charge, to provide for the disinfection of the same, and they may do so free of charge. But nothing contained in this section shall prevent the removal by railway train or by boat of persons suffering from infectious disease, if they are conveyed within an ambulance, waggon, or other proper vehicle provided for the purpose by the local authority.
*LORD BALFOUR*LORD BALFOUR moved, after "public conveyance or ship," to insert the words, "and any person contravening any of the foregoing provisions."
Amendment agreed to.
*LORD BALFOUR*LORD BALFOUR moved to leave out the word "boat" in the sentence—"But nothing contained in this section shall prevent the removal by railway train or boat," etc., in order to insert instead thereof the word "ship."
Amendment agreed to; clause, as amended, ordered to stand part of the Bill.
Clause 97,—

AS TO THE NOTICE OF FEVER, ETC., OCCURRING IN COMMON LODGING HOUSES.
The keeper of a common lodging house shall, when a person in such house is ill of any infectious disease, give immediate notice thereof either to the medical officer or to the inspector of common lodging houses, who shall forthwith inform the local authority that such notice has been received, and thereupon the medical officer shall forthwith visit and report on the case, and if he is satisfied that the person is suffering from an infectious disease, he shall cause the patient to be removed without delay, and shall disinfect the premises.
Provided always, that if he considers the patient not fit to be removed with safety, until it is certified by him that the premises are free from infection the house shall not be used as a common lodging house.
*LORD BALFOUR*LORD BALFOUR moved to omit the words—
Authority that such notice has been received, and thereupon the medical officer shall forthwith visit and report on the case, in order to insert instead thereof the words, "medical officer."
Amendment agreed to; clause, as amended, ordered to stand part of the Bill.
Clause 116,—

SPECIAL DRAINAGE DISTRICT.
(1.) Upon requisition to the effect made in writing by no fewer than five householders within the district of a local authority not being the local authority of a burgh, the local authority shall be bound to meet, after twenty-one clear days' notice, and shall, whether sewers or drains have been already constructed or not, consider the propriety of—

(a) Forming part of their district into a special drainage district; or

(b) enlarging or limiting the boundaries of a special drainage district; or

(c) combining a special drainage district with another special drainage district; or

(d) enlarging or limiting the boundaries of both or either of such special drainage districts and combining the same or parts thereof; or

(e) determining that any special drainage district shall cease to exist as a special drainage district, or that any such combination shall cease,

and the resolution of the local authority at such meeting shall be published in one or more newspapers circulated in the district, or by the posting of bills throughout the district; and the production of such newspaper, or a certificate under the hand of the clerk of that local authority (whoso signature need not be proved), shall be sufficient evidence of such resolution; and within ten days after the date of the publication of such resolution it shall be competent for any person interested to appeal against the resolution to the sheriff, and the sheriff, not being a sheriff substitute resident within the district, may either approve or disapprove of such resolution, and if he disapproves thereof he may either find that no special drainage district should be formed, or may enlarge or limit the special district as defined by the resolution of the local authority, or may find that a special drainage district should be formed and may define the limits thereof, or may find that such special drainage district or part thereof shall be combined as prayed, or that such combination shall cease, or that such special drainage district or districts shall, as such, cease to exist; and the decision of the sheriff shall be binding, and shall be final, except where it is pronounced by a sheriff substitute, in which case it may be appealed to the sheriff.
(2.) The order of the sheriff shall determine all questions regarding the payment of any debt which may affect any special drainage district, and the right to impose, and the obligation to pay, any assessment affected by his determination, and shall fix the date at which such determination shall take effect.
(3.) Where a district committee is the local authority, notwithstanding the provisions of section seventeen, sub-section two, sub-head (c) of the Local Government (Scotland) Act, 1889, it shall not be competent to appeal to the County Council against any resolution of the district committee under this section.
(4.) Nothing contained in this Act shall prejudice the provision of section eighty-one of the last-mentioned Act as amended by section forty-four of the Local Government (Scotland) Act, 1894.
*LORD BALFOUR*LORD BALFOUR moved after "and the production of such newspaper" to insert the words "or handbill."
Amendment agreed to; clause as amended, ordered to stand part of the Bill.
Clause 131,—

LIMIT OF ASSESSMENT.
Where the provisions of this Act with respect to water supply, or with respect to sewerage and drainage, or with respect to the erection of hospitals, have been or shall be put in force, the assessments hereinbefore authorised may in the whole amount to but shall not exceed the rate of three shillings in the pound whether such rate be payable wholly by the owners or wholly by the occupiers, or partly by the owners and partly by the occupiers, or the rate of sixpence in the pound as aforesaid when none of the said enactments have been put in force.
*LORD BALFOUR*LORD BALFOUR moved to omit the clause, and to insert thereof the following new clause:—
The general assessment by this Act authorised, which shall be imposed upon all lands and heritages within the district, including any special drainage district or special water supply district, shall not exceed the rate of one shilling in the pound, whether such rate be payable wholly by the owners or wholly by the occupiers, or partly by the owners and partly by the occupiers.
The special sewer assessment and the special water assessment, together with the general assessment, shall not in any special drainage district or special water supply district exceed the rate of three shillings in the pound as aforesaid.
His Lordship said the clause as it stood maintained the existing limit under the

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Public Health Assessment of 6d. in the £. It was thought by the Select Committee that that was too rigid a limit, and before the Bill left the Select Committee an understanding was come to that he would propose a clause in place of the present Clause 131. He need not argue at any length as to the desirability of fixing some limit upon a rate of this kind. In the Act of 1867 there was a limit of 3d. in the pound, which was subsequently increased to 6d., and at that it stood at present. There were important provisions in the Bill, notably in regard to hospitals and other matters, which rendered it possible that the sixpenny limit might not be sufficient. The highest assessment at the present moment was 4½d. in the pound, where no special water or drainage district had been formed. Having regard to the expense which might reasonably be incurred under this Bill, the Committee came to the general opinion that the limit should be raised, and he proposed the limit of one shilling in his new clause. He moved that Clause 131 be omitted.
LORD TWEEDMOUTHsaid that, though he should not divide the House, he did not agree with the proposals in the new clause. In the first place, hospitals were taken out of the class of subjects for which a special district could be formed; and, in future, they would have to be treated as part of the whole district, and would fall upon the general assessment. At present special districts could be formed for sewerage, drainage or erection of hospitals, and the limit of the rate in those special districts for those purposes was 2s. 6d. in the pound. The proposal to limit the general assessment to 1s. in the pound was departing from the precedents of the English and the London Acts, under which there was no limit to the general assessment. The local authority in Scotland for public health was a very large body; in some cases it represented the whole of the county. It was largely representative, and this arbitrary limit ought not to be put to its rate.
*LORD BALFOURexplained that at present there was no power to provide special districts for the hospitals. The noble Lord had probably been misled by Clause 131 of the Bill, but it was not in the existing law, which left the hospital
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rate to be spread over the whole district. That was why he raised the limit of the general assessment from 6d. to 1s., because the provision of hospitals was becoming much more common.
Clause 131 omitted.
On the Motion that Lord Balfour's new clause be inserted,
THE MARQUESS OF LOTHIAN THE MARQUESS OF LOTHIAN moved as an Amendment the insertion of the following new clause:—
131. The general assessment by this Act authorised, which shall be imposed upon all lands and heritages within the district, including any special drainage or special water supply district, shall not exceed the rate of one shilling in the pound, whether such rate be payable wholly by the owners or wholly by the occupiers, or partly by the owners and partly by the occupiers.
The special sewer assessment, and the special water assessment, exclusive of the general assessment, shall not in any special drainage or special water supply district exceed the rate of two shillings and sixpence in the pound as aforesaid.
He said that the difference between his clause and that of Lord Balfour was rather one of form; but the effect was that, whereas under Lord Balfour's clause the total general assessment might be 3s. in the pound, under his clause it might be 3s. 6d. But while in the former case the amount of the general assessment must be deducted from the special rates in special districts, in the latter case the limit of 2s. 6d. was fixed to the special rates without deduction of the general rate. He thought this course would be more convenient, though he did not think that the limits would be reached. It was better that the district which would be benefited by the special expenditure should bear the whole of the expense.
THE EARL OF GALLOWAYsupported the clause of the noble Marquess.
THE EARL OF CAMPERDOWNthought that, as far as form went, the clause of the Marquess of Lothian was preferable. It was very desirable that the special water and drainage districts should bear the whole of the expense where they received the whole of the benefit.
*LORD BALFOURsaid that there was very little difference between the

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two clauses. He preferred his own simply because it was less hard on the special districts, and would not prevent the formation of those special districts which was so desirable. But in view of the expression of opinion fallen from the noble Lords, he was willing to accept the new clause of the Marquess of Lothian instead of his own.
Lord BALFOUR'S proposed clause, by leave, withdrawn; clause proposed by the Marquess of LOTHIAN agreed to.
Clause 132,—

BORROWING POWERS.
It shall be lawful for the local authority or the county council, as the case may be, to borrow for the purpose of acquiring, making, enlarging, or re-constructing sewers; and on the security of the special sewer assessments, where such exist, and general assessments, or either of them, such sums of money, and at such times, as the local authority or the county council shall deem necessary for that purpose, and to assign the said special sewer assessments and general assessments or any of them in security of the money to be so borrowed; and the bonds to be granted on such borrowing and transferences or assignations and discharges thereof may be in or near to the forms contained in the Second Schedule hereto annexed, and such bonds shall be signed by two members and the clerk of the local authority or the county clerk, and shall constitute a lien over the special sewer assessments and general assessments thereby assigned, and shall entitle the creditors therein to recover the sums thereby due from the local authority or county council out of the first and readiest of the said special and general assessments; but no such member or officer shall be personally liable for the repayment of such money so borrowed, and all such obligations shall be deemed and taken to be granted on the sole security of the assessments assigned; and the money so borrowed shall be repayable either in one sum or by instalments, as may be arranged between the borrower and the lender, but so that the same shall be wholly repaid, together with the accruing interest, within thirty years from the date of the loan, but the amount of such loans, including interest, shall form a charge against the assessments of the years intervening between the date of such loans and the date of full repayment; and the money so borrowed as aforesaid shall be applied wholly in defraying the expense of acquiring, making, enlarging, and reconstructing sewers, and to no other purpose whatsoever.
*LORD BALFOUR*LORD BALFOUR moved to omit the word "clerk" ("county clerk"), in order to insert instead thereof the word "council."
Amendment agreed to.
Clause 135,—

POWER TO PUBLIC WORKS LOAN COMMISSION- ERS TO LEND TO LOCAL AUTHORITY FOR SANITARY PURPOSES.
The Public Works Loan Commissioners may, on the recommendation of the Board, make any loan to any local authority or County Council as the case may be in pursuance of any powers of borrowing conferred by the Public Health Acts, whether for works already executed or yet to be executed, on the security of any fund or rate applicable to any of the purposes of these Acts, and without requiring any further or other security, such loan to be repaid within a period not exceeding thirty years, and to bear interest at such rate as may, in the judgment of the Treasury, be necessary in order to enable the loan to be made without loss to the Exchequer.
Provided as follows:—

(1.) That in determining the time when a loan under this Act shall be repayable, the Public Works Loan Commissioners shall have regard to the probable duration and continuing utility of the works in respect of which the same is required;

(2.) That this Act shall not extend to any loan required for the purpose of defraying expenses incurred in enforcing the performance of or in performing the duty of a defaulting local authority.

THE EARL OF ROSSLYNsaid that he had been asked by the County Council of Fife to move to leave out "not exceeding 30 years," and to insert "not less than 50 years."
*LORD BALFOURsaid that he could not accept the Amendment. The clause had been drawn in conjunction with the Treasury and the Public Works Commissioners; and there was a general agreement that these loans for special expenses should be repaid within the limit of the generation which had incurred them. There would be much more extra vagence if the period were prolonged.
Amendment, by leave, withdrawn.
Clause 138,—

REGULATIONS AS TO THE COMPULSORY PURCHASE OF LAND, ETC.
The following regulations shall be observed with respect to the purchase and taking of land otherwise than by agreement by local authorities or county councils, as the case may be, for the purposes hereinbefore mentioned:—
(1.) The local authority or county council, as the case may be, before putting in force any of the powers of the Lands Clauses

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Acts with respect to the purchase and taking of land shall—

publish once at least in each of two consecutive weeks in some newspaper circulated in the district or some part of the district, an advertisement describing shortly the land proposed to be taken and the purpose for which the land is proposed to be taken, naming a place where a plan of the proposed works may be seen at all reasonable hours and stating the quantity of land they require; and shall further

serve a notice in manner hereinafter mentioned on every owner or reputed owner, lessee, and occupier of such land, defining in each case the particular land intended to be taken, and requiring an answer, stating whether the person so served assents, dissents, or is neuter in respect of taking such land; such notice to be served

by delivery of the same personally to the person on whom it is required to be served, or, if such person is absent abroad, to his agent; or

by leaving the same at the usual or last known place of abode of such person as aforesaid; or

by forwarding the same by post in a registered letter addressed to the usual or last known place of abode of such person.

POWER TO LOCAL AUTHORITY TO PETITION BOARD UPON MATTERS HEREIN STATED.
(2.) Upon compliance with the provisions hereinbefore contained with respect to advertisements and notices, the local authority or County Council, as the case may be, may, if they shall think fit, present a petition to the Board, the petition shall state the land intended to be taken, and the purposes for which it is required, and the names of the owners, lessees, and occupiers of land who have assented, dissented, or are neuter in respect of the taking of such land, or who have returned no answer to the notice; it shall pray that the local authority or County Council may, with reference to such land, be allowed to put in force the powers of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement, and such prayer shall be supported by such evidence as the Board requires.

BOARD MAY DIRECT INQUIRY.
(3.) Upon receipt of such petition, and upon due proof of the proper advertisements having been published and notices served, the Board shall take such petition into consideration, and may either dismiss the same or direct an inquiry in the district in which the land is situate, or otherwise inquire as to the propriety of assenting to the prayer of such petition; but until such inquiry has been made in the district after such notice
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as may be directed by the Board, no Order shall be made affecting any land without the consent of the owners, lessees, and occupiers thereof.
Any such inquiry may be held by a person appointed by the Board in the manner and with the powers hereinbefore provided, or if the Secretary for Scotland by any writing under his hand shall so direct, such inquiry shall be held by the sheriff, not being a sheriff substitute resident within the district.

AND MAY MAKE PROVISIONAL ORDER.
(4.) After the completion of the inquiry as last aforesaid, the Board may, by Provisional Order, empower the local authority or County Council, as the case may be, to put in force, with reference to the land referred to in such Order, the powers of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as they may think fit, including such determination as they may think fit to make in regard to the payment of costs by the local authority or County Council either to the Board or any person affected by the Order; and it shall be the duty of the local authority or County Council, as the case may be, to serve a copy of any Order so made in the manner and upon the person in which and upon whom notices in respect of such land are hereinbefore required to be served, together with a statement that the Order will become final and have the effect of an Act of Parliament, unless within one month a memorial shall he presented to the Secretary for Scotland praying that the Order shall not become law without confirmation by Parliament.

NO OPPOSED PROVISIONAL ORDER VALID UNTIL CONFIRMED BY PARLIAMENT.
(5.) If no memorial shall be presented as aforesaid the Order shall become final and have the effect of an Act of Parliament.
(6.) If a memorial has been presented to the Secretary for Scotland, together with a deposit of the prescribed amount (being such an amount only as will in the opinion of the Secretary for Scotland be sufficient to cover the expenses of the confirmation of the Order by Parliament if no further step is taken in the Opposition), it shall be lawful for the Secretary for Scotland, as soon as conveniently may be, to obtain confirmation, and the Act confirming such Order shall be deemed to be a Public General Act of Parliament.
(7.) Every such Confirmation Bill shall, after the Second Heading in the House in which it originates, be referred to a Select Committee, or, if the two Houses of Parliament think fit so to order, to a Joint Committee, or a Standing Joint Committee of such Houses.
(8.) If, before the expiration of seven days after the Second Reading of any such Confirmation Bill in the House in which it originates, a petition is presented against any Order comprised therein, the petitioner shall be allowed to appear and oppose by himself, his agents and witnesses; but the Select Committee, or the Joint Committee, as the case may be, shall not, except on special cause shown, hear counsel, or more than one expert witness on either side.
(9.) The Committee, by a majority, may award costs, which shall, unless the Committee otherwise direct, include all costs from the date of the memorial, and may direct the return of the deposit, or any part of it, if they think fit.

COSTS, HOW TO BE DEFRAYED.
(10.) All costs, charges and expenses incurred in relation to any such Order or Provisional Order shall to such amount as the Board think proper to direct, become a charge upon the general assessment or special sewer assessment, or special water assessment levied in the district, or special drainage district, or special water supply district, as the case may be, to which such Order or Provisional Order relates.

COMPENSATION PROCEEDINGS.
(11.)—(a.) Any question of disputed compensation under an Order or Provisional Order made under this section shall be referred to the arbitration of a sole arbiter appointed by the parties, or if the parties do not concur in the appointment of a sole arbiter then, on the application of either of them, by the Board, and the remuneration to be paid to the arbiter shall be fixed by the Board. An arbiter appointed under this sub-section shall be deemed to be a sole arbiter within the meaning of the Lands Clauses Acts, and the provisions of those Acts with respect to an arbitration shall apply accordingly; and the arbiter shall, notwithstanding anything in the said Acts, determine the amount of the expenses in the arbitration, and such determination shall be final; and
(b.) In construing for the purposes of this section any Acts incorporated with, or put in force under, this section, this Act, together with any Order or Provisional Order under this section, shall be deemed to be the special Act.
(12.) At any inquiry or arbitration held under this section, the person or persons holding the inquiry or arbitration shall hear any authorities or parties whose interests would be affected, by themselves or their agents, and may hear witnesses, but shall not, except with consent of the Board, hear counsel, or more than one expert witness on either side.

LIMITATION ON LAND TO BE TAKEN.
(13.) The Board shall not make any Order for purchasing the whole or any part of any park, garden, pleasure-ground, or
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other land required for the amenity or convenience of any dwelling-house, or any land the property of a railway company or canal company which is or may be required for the purposes of their undertaking, or any land which, in the opinion of the Board, is being held or may be required for the extension of a factory or public work.
(14.) The Board shall, in making an Order for purchasing land, have regard to the extent of land held in the neighbourhood by any owner, and to the convenience of other property belonging to the same owner, and shall as far as is practicable, avoid taking an undue or inconvenient quantity of land from any one owner.
*LORD BALFOURsaid, this clause provided the machinery under which land might be taken for certain purposes under the Bill. The Bill as it now stood provided that after a petition had been presented by the local authority that desired to take land, and after the local inquiry had taken place the order of the Board should be final, unless either party in the litigation—if he might so call it—desired an appeal to Parliament. It was further provided that if there was an appeal to Parliament the procedure should be according to the procedure on Provisional Order Bills, except that there was a limitation proposed in Sub-section 8 to the number of witnesses to be heard before the Private Bill Committee. That limitation had been taken exception to, and he had not been able to put an Amendment on this paper to meet it in time for the present stage, he would propose to omit the limiting words at a subsequent stage of the Bill. There were also some words in Sub-section 4 which some distinguished lawyers had represented to him were liable to be misconstrued as proposing modifications and conditions to the procedure of the Lands Clauses Act, instead of, as was intended, to the amount of land to be taken under the order of the Board. He would, therefore, propose words to make the matter clear at a subsequent stage.
Clause ordered to stand part of the Bill.
Clause 149,—

APPEAL IN CERTAIN CASES.
Where in cases under subsections (9), (10), and (11) in section 16 it shall appear to the sheriff that the true value of the subject complained of as a nuisance, or the cost of the

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operations necessary to remove or amend it as ordered, or the value of the trade or business interfered with, exceeds the sum of fifty pounds he shall certify his opinion to that effect, in his decree, and the parties shall thereupon be entitled to appeal from the sheriff substitute, where the judgment has been pronounced by him to the sheriff, on lodging, within three days after the decree, a note of appeal with the sheriff clerk, and serving the same on the opposite party or the agent acting in such proceedings for such party, and such note shall operate as a sist of execution until the appeal be determined; and on such note being lodged the sheriff clerk shall transmit the process, together with the evidence to the sheriff, whose decision thereon shall be final where the value certified is not above fifty pounds; and in the event of such value or cost being so certified to exceed the sum of fifty pounds, the parties shall be entitled to present a note of appeal to the Lord Ordinary on the bills against the judgment either of the sheriff substitute or of the sheriff, whether this last be an original judgment or an appeal: Provided that, along with such note, the appellant shall lodge a sufficient bond of caution by one or more obligitnts, to the amount of fifty pounds sterling, for payment or performance of any judgment that may be pronounced under his appeal; and also provided that such note he lodged in the Bill chamber, and a copy thereof served on the opposite party or his said agent within eight days after the date of the sentence or judgment complained of, which note shall in like manner operate as a sist of execution until a judgment ho pronounced by the Lord Ordinary, which judgment shall be final unless the Lord Ordinary shall allow a reclaiming note to the inner house, and the judgment of the inner house shall be final.
*LORD BALFOUR*LORD BALFOUR moved after the words "exceed the sum" to insert the words "of twenty-five pounds but does not exceed the sum"—
Amendment agreed to; clause, as amended, ordered to stand part of the Bill.
Clause 160,—

AS TO FORMS TO BE USED.
The forms contained in the Second Schedule to this Act annexed, or any forms to the like effect, may be used for the purposes of this Act, and shall be sufficient therefor, and all written proceedings or documents under this Act may be wholly or partly printed.
*LORD BALFOUR*LORD BALFOUR moved to omit the word "written."
Amendment agreed to; clause, as amended, ordered to stand part of the Bill.
Clause 181,—

REPEAL OF ACTS.
The Acts specified in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column, and as from the date specified in the fourth column, of that schedule, and so much of any Act as is inconsistent with this Act is also hereby repealed.
The repeal of the said Acts shall not annul or in any wise prejudice or affect any purchase, sale, conveyance, grant, lease, bond, security, act, matter, or thing heretofore made, done, executed, commenced, or instituted, under or by virtue or in pursuance of the said Acts; but all such purchases, sales, conveyances, grants, leases, bonds, securities, acts, matters, and things shall be as good, valid, and effectual to all intents and purposes as if the said Acts had not been repealed.
*LORD BALFOUR*LORD BALFOUR moved to omit the words "and as from the date specified in the fourth column"—("the commencement of this Act.")
Amendment agreed to; clause, as amended, ordered to stand part of the Bill.
Bill reported with Amendments; Standing Committee negatived. The report of the Amendments to be received on Friday next; and Bill to be printed as amended.—[No. 92.]

RETIREMENT OF VESTRYMEN AND AUDITORS (LONDON) BILL [H.L.]
Read 3a (according to Order), and passed, and sent to the Commons.

DISPENSARY COMMITTEES (IRELAND) BILL.
THE EARL OF RANFURLY,in moving the Second Reading of this Bill, said it proposed to give power to the Local Government Board of Ireland to lower the franchise for the election of dispensary committees in that country. Under the law as it at present stood the property qualification for members of dispensary committees in Ireland, who were not elected or ex-officio guardians, was "£30 at the least." In consequence of this high qualification some of the most eligible ratepayers in some dispensary districts were disqualified from acting on their local committees. The property qualification for Poor Law

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guardian in Ireland has been reduced to £8, and might be still further reduced by the Local Government Board for Ireland; and the object aimed at in the present Bill was to enable the Local Government Board to reduce the property qualification for members of any dispensary committee in Ireland, whenever it might appear to them advisable to do so. The Bill was not a Government Measure; but it had the sympathy of the Irish Government.
Read 2a (according to Order), and committed to a Committee of the Whole House on Friday next.

LARCENY BILL [H.L.]
THE LORD CHANCELLOR (LORD HALSBURY),in moving the Second Reading of this Bill, said it proposed to amend a defect in the administration of the criminal law with respect to the receipt or possession of stolen property. As the law stood a person who received or had in his possession any property knowing it to have been stolen outside the United Kingdom could not be prosecuted with effect in this country; and the Bill proposed to make such an act a felony or misdemeanour in this country according as it would be a felony or misdemeanour if the property had been stolen in the United Kingdom.
Read 2a (according to Order); and committed to a Committee of the Whole House.

ELECTION PETITIONS BILL [H.L.]
THE LORD CHANCELLOR,in moving the Second Reading of this Bill, said that under the existing law, persons reported by an Election Court or Election Commissioners to have been guilty of any-corrupt or illegal practice at a municipal or other local election should be subject to the same incapacity as if they had been convicted of the offence; and the Bill proposed to give such persons the same appeal as was given in Parliamentary elections from Election Commissioners who were not Judges.
Read 2a (according to Order); and committed to a Committee of the Whole House.

HOUSING OF THE WORKING CLASSES BILL [H.L.]
House in Committee (according to Order); Bill reported without Amendment; and re-committed to the Standing Committee.
COMPANIES BILL [H.L.]
Lord Wolverton added to the Select Committee.

RETIRED OFFICERS AS JUSTICES OF THE PEACE.
VISCOUNT SIDMOUTHasked the Lord Chancellor whether Naval and Military Officers on retired or half pay are eligible to be placed on the Commission of the Peace irrespective of any property qualification; and whether, should an alteration of the law be found necessary to render them eligible, the Government would support legislation having that object? The noble Lord said that the subject of this Question was brought before the House during the term of office of the late Liberal Government, and the proposal was objected to by the then Lord Chancellor. But since that time a very considerable alteration had been made in the appointments of County Magistrates. He thought he was justified in saying, without casting any reflection on the noble Lord who was then Lord Chancellor, that a very considerable alteration had been made in the social status of the magistrates appointed. There were gallant officers who might not have the property qualification required by law, who, nevertheless, were eminently qualified to act as magistrates. There were few men who, when they first came upon the Bench, would have had more opportunities of sifting evidence in crucial cases. Many of them had a great deal of time on their hands, and would be able to give more attention to the duties than some who are on the Commission of the Peace. They were men of great experience, they desired to be publicly useful, and many of them would be found specially qualified to act. If the noble and learned Lord found he could not appoint them without such qualification as the law prescribed, would he object to legislation in their favour,

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always understanding, of course, that the Lord Chancellor would select only fit and proper persons?
THE LORD CHANCELLORsaid he was afraid he must answer that at present the law requires from all persons of whatever profession one of two qualifications, either the possession of property yielding a certain amount annually or the occupation of a house in the district in which they were to act as magistrates rated to a certain amount. These two qualifications existed. There were the official qualifications, such as being a member of the Privy Council; but, apart from these, there was no power to appoint the persons referred to in the question. As to any intention to alter the law, he was afraid he could not give the noble Lord any encouragement.
VISCOUNT SIDMOUTHsaid he did not gather whether the noble and learned Lord would object to legislation.
THE LORD CHANCELLORreplied that he could hardly answer that question until the proposed legislation were put before him in a concrete form; he could not answer the question in the abstract.
LORD HERSCHELLsaid that if a proposal were made to do away with the property qualification in the cases of those to whom the question referred it would be impossible to stop there. It was certain the existence of the property qualification had prevented the appointment of certain persons who were well fitted for the Bench and would have been exceeding useful upon it. He spoke, not only of cases he had known of, but also from communications that had passed between himself and lords lieutenants, some of whom had experienced the same difficulty. He did not see how it was possible to make a change, referring to Naval and Military officers, because there were others who, if the law were to be relaxed, ought to be included. He remembered one curious case of a gentleman who was well qualified, and the appointment of whom would be extremely desirable. He farmed a large number of acres, paying a rental of £1,200 a year, and being rated at £800 or £900, but as the house he occupied was rated only at £70 it was impossible to put him on the Bench.
LORD HERSCHELL,on behalf of the EARL of ROSEBERY, moved:—
"That a Seect Committee be appointed to inquire into the power and authority Which the Gentleman Usher of the Black Rod exercises, and has in the past time exercised with reference to the appointment and control of the doorkeepers and messengers of this House, and the origin thereof; and whether it is legally competent for this House to transfer such appointment and control to any other person; and to move the following Lords be named of the Committee:—

L. Chancellor.

L. Watson.

D. Richmond.

L. Herschell.

M. Salisbury.

L. Macnaghten.

E. Jersey.

L. James of Hereford."

L. Rosebery.

The Committee to appoint their own Chairman.
Motion agreed to.
House adjourned at Twenty-five minutes before Seven o'clock to Friday next, a Quarter to Ten o'clock.