Lords Sitting of 3 August 1897

HOWELL'S CHARITY.
Her Majesty's Answer to the Address of the 16th day of July last, delivered by the Lord Chamberlain (E. Lathom), and read as follows:—
"I have received your Address praying that I will withhold my assent to the scheme which relates to the Denbigh share of Howell's Charity for girls' schools in Wales:
"I will comply with your advice."

GAME LICENCES (IRELAND).
THE EARL OF MAYOasked Her Majesty's Government whether, in view of the poaching and trespass in pursuit of game which prevailed in Ireland, and which, there was reason to know, was encouraged by an insufficient application of the Excise laws relating to game certificates, gun licences, and to dealing in game without the necessary licences, they would take such steps as might secure stricter attention on the part of the Excise authorities and officers enforcing these laws. He said that in consequence of the excessive poaching which had been going on in Ireland, and in consequence of the Excise authorities not having looked after the game licences as carefully as they should do, preservers of game had been obliged to protect themselves by the establishment of the Irish Game Protection Association, which had now been in existence for some years. Since it had been established, the game licences taken out had become much more numerous. He hoped that more care would be taken to see that people who shot game were in possession of the £3 licence. At present it often happened in the large towns of Ireland that a man would take out a licence, and, as no initials were inserted before the name, the licence was used, not only by the man who took it out, but by his brothers or others of the same name.
THE CHANCELLOR OF THE DUCHY OF LANCASTER (Lord JAMES OF HEREFORD), replying on behalf of the Lord
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Privy Seal, said that every effort was made by the Excise authority to enforce the law as far as possible in the same way as in Great Britain, but, owing to the fact that there was no establishment for licences in Ireland, the staff of officers available for the purpose was not large, and as each officer had consequently to cover a wider area, protection was more difficult. The aid of the Constabulary was called to the assistance of the Excise officers, and the number of detections made in 1895 and 1896 were considerable. In 1895, 994 persons were prosecuted under the Game Laws in Ireland, and of these 716 were convicted. In 1896, 560 persons were charged with the offence of poaching. The Board of Inland Revenue ordered prosecutions in all cases where the evidence was sufficient to support proceedings; and any representation made by the noble Lord with a view to stopping the evil of poaching would receive every attention from the Board.

STANDING ORDERS.
THE SECRETARY OF STATE FOR WAR (The Marquess of LANSDOWNE, on behalf of the PRIME MINISTER)*THE SECRETARY OF STATE FOR WAR (The Marquess of LANSDOWNE, on behalf of the PRIME MINISTER) moved that Standing Orders Nos. XXXIX. and XLV. be considered in order to their being suspended for the remainder of the Session.
Motion agreed to.
THE CHAIRMAN OF COMMITTEES (The Earl of MORLEY)THE CHAIRMAN OF COMMITTEES (The Earl of MORLEY) moved that the Standing Orders be amended as follows:—
NOTE. — The words struck through are to be omitted, and the words printed in Italics are to be inserted.

PART II.
Standing Orders, compliance with which is to be proved before the Examiners.

INTERPRETATION.
In these Orders (3 to 68 inclusive), unless the context otherwise requires,
the term "railway" includes "tramroad,"
the term "lessee" includes a person holding an agreement for a lease, and
the term "occupier" applies only to ratepayers and to other persons not being ratepayers whose interest in the premises

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occupied is not less than that of a quarterly tenant,
the term "parish" means (as respects England and Wales) a place for which a separate poor rate is or can be made or for which a separate overseer is or can be appointed, and
the term "district" with respect to the administrative County of London means any parish in Schedule A. and any district in Schedule B. of the Metropolis Management Act 1855, as amended by any subsequent Act.
4. In cases of Local Bills of the Second Class, and of Local Bills of the First Class in respect to which plans are required to be deposited, such notices shall also contain a description of all the termini, together with the names of the parishes, townships, townlands, and extra-parochial places from, in, through, or into which the work is intended to be made, maintained, varied, extended, or enlarged, or in which any land or houses intended to be taken are situate, and where any common or commonable land is intended to be taken, such notice shall contain the name of such common or commonable laud (if any), and the name of any parish or township in which such land is situate, together with an estimate of the quantity of such common or commonable land proposed to be taken, and shall state the time and place of deposit of the plans, sections, books of reference, and copies of the Gazette notice respectively, with the clerks of the peace and sheriff clerks, and also with the officers respectively mentioned in the Standing Order 29 parish clerks, clerks of vestries or district boards, session clerks, town clerks, and clerks of union, as the case may be.
Leave out Standing Orders 29 and 29 a.

DEPOSIT OF PARISH PLAN, SECTION, AND BOOK OF REFERENCE WITH PARISH CLERK, ETC.
29. On or before the thirtieth day of November a copy of so much of the said plans and sections as relates to such parish in or through which the work is intended to be made, maintained, varied, extended, or enlarged, or in which any lands or houses are situate which may be taken compulsorily, or on which an improvement charge may be imposed, or which are rendered liable to the imposition of an improvement charge, together with a copy of so much of the book of reference as relates to such parish, shall, subject to the provisions of Section 17 (7) of the Local Government Act 1894, he deposited with the parish clerk of each such parish in England, or, in the case of any extra-parochial place, with the parish clerk of some parish immediately adjoining thereto, or in case of any place within the limits of the Metropolis, as defined by the "Metropolis Management Act 1855," with the clerk of the vestry of each parish in Schedule A, and with the clerk of the district board of parishes in Schedule B of the said Act with the clerk of the parish council of each such parish in Scotland, and in Royal burghs, with the town clerk, and with the clerk of the union within which such parish is included in Ireland.

DEPOSIT OF PLANS ETC., WITH CLERK TO URBAN AUTHORITY.
29A. On or before the thirtieth day of November a copy of so much of the said plans and sections as relates to the district of any Urban Authority in England, or any Urban Sanitary Authority in Ireland, in or through which the work is intended to be made, maintained, varied, extended, or enlarged, or in which any lands or houses are situate, which may be taken compulsorily, or on which an improvement charge may be imposed, or which are rendered liable to the imposition of an improvement charge, together with a copy of so much of the book of reference as relates to that district shall be deposited with the clerk of the authority.
And insert new Standing Order 29.
Deposit of Plans, Sections, and Books of Reference.
Where under the powers of any Bill any work is intended to be made, maintained, varied, extended, or enlarged, or any lands or houses may be taken compulsorily, or an improvement charge may be imposed a copy of so much of the said plans and sections as relates to any of the areas hereinafter mentioned, together with a copy of so much of the book of reference as relates to such area, shall, on or before the 30th day of November be deposited with the officer respectively hereinafter mentioned, that is to say, in the case of—

(a.) Any parish in the City of London, with the parish clerk of that parish:

(b.) Any district of the Administrative County of London (outside the City of London) with the clerk of the Vestry or District Board, as the case may be:

(c.) Any county borough, or other borough in England or Wales, with the town clerk:

(d.) Any urban district in England or Wales, not being a borough, with the clerk of the district council:

(e.) Any parish in England or Wales having a parish council, with the clerk of the parish council, or, if there is no clerk, with the chairman of that council:

(f.) Any parish in England or Wales comprised in a rural district, and not having a parish council, with the clerk of the district council:

(g.) Any parish in Scotland, with the clerk of the parish council:

(h.) Any royal or parliamentary burgh in Scotland, with the town clerk:

(i.) Any police burgh in Scotland, with the clerk to the burgh commissioners:

(j.) Any parish in Ireland, with the clerk of the union within which that parish is included:

(k.) Any urban sanitary authority in Ireland, with the clerk of the sanitary authority.

DEPOSIT OF PLANS, ETC., AT THE HOME OFFICE IN CASE OF DISTURBANCE OF A BURIAL GROUND ETC., TAKING COMMON LAND and Board of Agriculture.
30. Where by any Bill power is sought to take any churchyard, burial ground, or cemetery.

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or any part thereof, or to disturb the bodies interred therein, or where power is sought to take any common or commonable land, as the case may be, two copies a copy of so much of the plans, sections, and books of reference required by these Orders to be deposited in the Office of the Clerk of the Parliaments in respect of such Bill, us relates to such churchyard, burial ground, or cemetery, common, or commonable land, shall, on or before the thirtieth day of November, be deposited at the Office of the Secretary of State for the Home Department, and a copy of so much of the said plans, sections, and books of reference as relates to such common or commonable land shall on or before the said day be deposited at the office of the Board of Agriculture.

DEPOSIT OF BILLS AT BOARD OF AGRICULTURE.
33 b. On or before the twenty-first day of December a printed copy of every Local Bill which relates to the drainage of land in England or Wales, or which relates to the improvement of land in England, Wales, or Scotland, or to the erection, improvement, repair, maintenance, or regulation of any market or market place at which cattle are exposed for sale, or to any matter within the exclusive jurisdiction of the Board of Agriculture, or which proposes to alter the boundary of any county, urban district, urban sanitary district, parish, or any other administrative area in the United Kingdom, or whereby power is sought to take any common or commonable land shall be deposited at the Office of the Board of Agriculture.
DEFINITION OF IMPROVEMENT AND LIMITS OF IMPROVEMENT AREA.
45 b. In the case of Bills containing power to impose on any lands or houses, or to render any lands or houses liable to the imposition of any charge in respect of any improvement the plan small define the improvement, and also the improvement area (being the limits within which the charge may be imposed), and in the case of a street improvement the plans shall show in figures the breadth of the street as intended to be improved, and the centre line of the street, and shall define the improvement area, comprising therein all properties which or any part of which, are within a uniform distance from any part of the centre line of the street, and such uniform distance shall not exceed three times the breadth of the street as shown on the plans, or where the breadth of the street is not uniform, three times the breadth of the narrowest part.

NOTICES TO BE GIVEN AND DEPOSITS MADE IN CASES WHERE WORK IS ALTERED WHILE BILL IS IN PARLIAMENT.
PUBLICATION OF NOTICE IN GAZETTE.
APPLICATION TO OWNERS, ETC., AND CONSENT TO BE PROVED.
PETITION FOR ADDITIONAL PROVISION.
61. Whenever, during the progress through the House of Commons of any Local Bill of the Second Class originating in that House, any alteration has been made in any work authorised by such Bill, proof shall be given before the examiners that a plan and section of such alteration, on the same scale find containing the
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same particulars as the original plan and section, together with a book of reference thereto, has been deposited in the Office of the Clerk of the Parliaments and with the clerk of the peace of every county, riding, or division in England or Ireland, and in the office of the sheriff clerk of every county in Scotland in which such alteration is proposed to be made, and where any county in Scotland is divided into districts or divisions, then also in the office of the principal sheriff clerk in and for each district or division in which such alteration is proposed to be made; and that a copy of such plan and section, so far as relates to each parish, any of the areas mentioned in Standing Order 29, together with a book of reference thereto, has (subject to the previsions of Section 17 (7) of the Local Government Act 1894) been deposited with the officers respectively mentioned in that order parish clerks of each such parish in England, or, in the case of any extra parochial place, with the parish clerk of some parish immediately adjoining thereto, with the clerk of the parish council of each such parish in Scotland, and in Royal Burghs with the town clerk, and with the clerk of the union within which each such parish in Ireland is included, in which such alternation is intended to be made, and in the case of any place within the limits of the metropolis as defined by the Metropolis Management Act 1855, and the Acts amending the same, with the clerk of the vestry or of the district board, as the case may be, two weeks previously to the introduction of the Bill into this House; and that the intention to make such alteration has been published previously to the introduction of the Bill into this House in the London, Edinburgh or Dublin Gazette, as the case may be, and for two successive weeks in some one and the same newspaper of the county in which such alteration is situate, or if there be no such paper printed therein, then in the newspaper of some county adjoining thereto; and that application in writing, as nearly as may be set forth in the Appendix marked (A.), was made to the owners or reputed owners, lessees or reputed lessees, or in their absence from the United Kingdom, to their agents respectively, and to the occupiers of land through which any such alteration is intended to be made; and the consent of such owners or reputed owners, lesses or reputed lessees, and occupiers, to the making of such alteration, shall be proved before the Examiner. Compliance with this Order shall not be necessary in the case of alterations made on petition for additional provision in the House of Commons.
New Standing Order 99 a:
Order in which Bills are to be considered.
99a. Every Select Committee shall take the Bill or Bills first into consideration which shall have been named by the Committee of selection, and may from time to time appoint the day on which they will enter upon the consideration of each of the remaining Bills without reporting to the House any adjournment of the Committee caused thereby.

WITHDRAWAL OF OPPOSITION.
102. In all cases of opposed Local Bills, in which no parties have appeared on the petitions against such Bills or having appeared have withdrawn their opposition before their case has been fully opened, or whose locus standi has been disallowed, the Committees on such Bills shall report accordingly to the House, and such Bills shall thereupon be referred to the Chairman of Committees, to be dealt with by him as if originally unopposed.
Costs.
Provided that nothing in this Order contained shall prevent a Committee from requiring the preamble of a Bill to be proved in any case in which an application for costs has been made.
And make the concluding paragraph of this Order (102) into a separate Standing Order as 102 a, viz:

DISCUSSION OF CLAUSES IN H.C. NOT TO PRECLUDE OPPOSITION TO PREAMBLE IN H.L.
102 a. A petitioner against a Bill originating in the House of Commons, who has discussed clauses in that House, shall not on that account be precluded from opposing the preamble of the Bill in this House.
And make present Standing Order 102 a into 102 b.
New Standing Order 105 c:
County Council alleged to be injuriously affected by Bill.
105 c. Where the council of any administrative county or county borough petition against a Bill alleging that such county or county borough or some part thereof will be injuriously affected by the Bill, it shall be competent for the Select Committee to whom the Bill is referred, if they think fit, to hear such petitioners or their counsel or agents and witnesses on such allegation against the Bill or any part thereof.

IF WORK NOT COMPLETED WITHIN TIME LIMITED, POWER TO CEASE.
PERIODS FOR COMPLETION.
107. In every Local Bill by which any second class work is authorised, a clause shall be inserted to the effect that in case such work be not completed, within a period to be limited, all the powers and authorities given by the Bill shall thenceforth cease and determine, save only as to so much of such work as has been completed within such time, with such provisions and qualifications as the nature of the case shall require. Such period shall not exceed in the case of a new railway five years, of a new tramroad three years, and of a new tramway two years, and in the case of extension of time for the completion of a railway three years, of a tramroad two years, and of a tramway one year, unless the Committee on the Bill think fit, in the special circumstances of the case, to allow a longer period. In the case of extension of time the additional period shall be computed from the expiration of the period sought to be extended.

PROVISIONS WITH RESPECT TO HOUSES OCCUPIED BY LABOURING CLASS.
111.
The expression "labouring class" includes means mechanics, artisans, labourers, and others working for wages, hawkers, coster-mongers, persons not working for wages but working at some trade or handicraft without employing others except members of their own family, and persons other than domestic servants, whose income does not exceed an average of thirty shillings a week, and the families of any of such persons who may be residing with them:

APPENDIX.

  FORM REFERRED TO IN STANDING ORDERS No. 11, AND No. 61.
  (A.)
  N.
  SIR,
  WE beg to inform you that application is intended to be made to Parliament in the ensuing Session for "An Act" [here insert the title of the Act], and that the property mentioned in the annexed schedule, Part I. or some part thereof, in which we understand you are interested as therein stated, will be liable to be taken compulsorily for the purposes of the said undertaking [and that the property mentioned in the annexed schedule, Part II., in which we understand you are interested as therein stated, will be liable to have an improvement charge imposed upon it.]
  We also beg to inform you that a plan and section of the said undertaking, with a book of reference thereto, have been or will be deposited with the several clerks of the peace [or principal sheriff clerks as the case may be] of the counties of [specify the counties in which the property is situate] on or before the 30th of November, and that copies of so much of the said plan and section as relates to the parish [or extra parochial place, other area in accordance with the terms of Standing Order 29 as the case may be], in which your property is situate, with a book of reference thereto, have been or will be deposited for public inspection with the [clerk of the said parish, clerk or chairman of the parish council of the said parish, clerk of the parish of adjoining to such extra parochial place, clerk of the vestry of the parish of clerk of the district beard of clerk of the parish council town clerk of the Royal burgh, or clerk of the union in which such parish is included or other officer in the said Order respectively mentioned, as the case may be], on or before the 30th day of November, on which plan your properly is designated by the numbers set forth in the annexed schedule.

  SCHEDULE REFERRED TO IN THE FOREGOING NOTICE, DESCRIBING THE PROPERTY THEREIN ALLUDED TO.

  —

  Parish, or other area as the case may be, Township, Townland, or extra parochial Place.

  Number on Plans.

  Description.

  Owner.

  Lessee.

  Occupier.

  PART I.

  Property which may be taken compulsorily.

  PART II.

  Property on which an improvement charge may be imposed.

PARISH COUNCILS (SCOTLAND) (CASUAL VACANCIES) BILL.
Read the Third time.
Clause 2,—

PROVISIONS FOR FILLING UP CASUAL VACANCIES IN PARISH COUNCILS IN PARISHES PARTLY LANDWARD AND PARTLY BURGHAL, ETC.
In the event of a casual vacancy in the parish council of a parish which is partly landward and partly burghal, or comprises a police burgh or part of a police burgh, the following provisions shall have effect with respect to the filling up of such vacancy (that is to say):—
The parish councillors who are not members of such Landward Committee shall not be entitled to vote in tilling up any casual vacancy in such parish council, except a vacancy caused by the death, resignation, or disqualification of a parish councillor who was not a member of such Landward Committee.
LORD TWEEDMOUTH LORD TWEEDMOUTH moved to omit the clause. He said that the Bill came up from the House of Commons and in the form in which it passed the other House, without opposition, both the landward members of a Parish, Council and
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the burghal members of a Parish Council were allowed to elect to casual vacancies amongst their own respective portions of the Parish Council. But when the Bill reached their Lordships' House the Secretary for Scotland raised an objection—which had not been raised on behalf of the Scotch Office in the House of Commons—to the burghal members having the same privilege as the landward members of electing to casual vacancies in their portion of the Parish Council; and, accordingly, the clause in its present form was adopted, providing that both the burghal and the landward members should vote in the election to vacancies in the burghal portion of the Parish Council. That was a provision to which the sanction of Parliament should not be given; and he, therefore, begged to move that Clause 2 be struck out of the Bill.
THE MARQUESS OF LAUDERDALEhoped the House would not accept the Amendment of the noble Lord, for its effect would be to wreck the Bill. The landward members had independent duties to perform in which burghal members could not interfere.
THE MARQUESS OF LOTHIANsaid he was at first inclined to agree with the noble Lord in the view that privilege granted to one portion of the Parish Council should be granted to the other portion. But he was assured that the two sections were not exactly alike.
THE SECRETARY FOR SCOTLAND (Lord BALFOUR)said the point in dispute was of very little importance, but he was not surprised that the noble Lord had raised it, for the noble Lord had pursued the Bill with a virulence fitter for a larger cause. Both in private conversation and in correspondence he had consistently told all upon it concerned, that the proposal which had been struck out was one it was impossible for the Scotch Office to allow to pass, and that it had passed the House of Commons was an accident for which he was not responsible.
Question put, "That the clause stand part of the Bill."
The House divided:—

CONTENTS

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NOT CONTENTS

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THE LORD CHANCELLOR (Lord HALSBURY): There not being 30 Members taking part in the Division, the question is adjourned until the next sitting of the House.

PUBLIC HEALTH (SCOTLAND) BILL.
Considered in Committee.
Clause 1 ordered to stand part of the Bill.
Clause 2,—

EXTENT AND COMMENCEMENT OF ACT.
This 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 made: Leave out "except in so far as otherwise expressly provided."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clauses 3, 4, and 5 ordered to stand part of the Bill.
Clause 6,—

FOWERS OF THE BOARD TO INQUIRE INTO SANITARY CONDITIONS OF ANY DISTRICT.
It shall be lawful for the Board, upon written application by a parish council or ten or more persons interested, or upon the report of any of the inspecting officers of the Board, to inquire into the sanitary condition of any district or part of a district, and for this purpose the Board are hereby empowered to make inquiries, and require answers or returns to be made to the Board upon any question or matter connected with or relating to the purposes of this Act, and also by a summons, signed by one of their number or by the secretary, to require the attendance of all such persons as they may think fit to call before them upon any such question or matter, and to administer oaths to and examine upon oath all such persons, and to require and enforce the production upon oath of all books, contracts, agreements, accounts, and writings, or copies thereof respectively, in anywise relating to any such question or matter.
Amendment made: Leave out "or more persons interested," and insert "ratepayers."—(Lord Balfour.)
Clause 7 ordered to stand part of the Bill.
Clause 8,—

POWER TO BOARD TO APPOINT COMMISSIONERS FOR CONDUCTING SPECIAL INQUIRIES.
It shall be lawful for the Board, whenever it may seem fitting to them, to appoint some person or persons, not being a member or members of the Board, to act as a commissioner or commissioners for the purpose of conducting any special inquiry for a limited period, and to report thereon; and the Board shall delegate to every person so appointed for the purpose of conducting such inquiry such of the powers of the Board as they may deem necessary or expedient for summoning or examining witnesses and havers, and otherwise conducting such inquiry; and it shall not be necessary to notify the appointment of any such commissioner otherwise than by intimating the same by letter under the hand of the secretary or of any member of the Board to the sheriff of the county within which the inquiry in question is to be made; and every such commissioner shall be reimbursed by the Board for all expenses necessarily incurred by him in conducting such inquiry, and shall also receive such reasonable remuneration for his time and trouble as may have been agreed upon between him and the said Board, and approved of by the Treasury.
Amendment made: After "examining," insert "on oath."—(Lord Balfour.)
Clauses 9 to 17 inclusive ordered to stand part of the Bill.
Clause 18,—

POWER OF ENTRY TO LOCAL AUTHORITY OR THEIR OFFICERS. P.H. 1867, S. 17.
[ALTERED.]
It the local authority, or medical officer, or sanitary inspector have reasonable grounds for believing that nuisance exists in any premises, such local authority, or medical officer, or sanitary inspector may demand admission for themselves, the chief constable or superintendent of police, or any other person or persons whom the local authority may desire to enter and inspect such premises, and, if necessary, to open up the ground of such premises, or for any or all of them, to inspect the same at any hour between nine in the morning and six in the evening, or at any hour when the operations suspected to cause the nuisance are believed to be in progress or are usually carried on; and may cause the ground or surface to be opened, and the drains to be tested, or such other work to be done as may be necessary for an effectual examination of the said premises; provided always, that if no nuisance be found to exist, the local authority shall restore the premises at their own expense, and if admission be refused, the local authority, or medical officer, or sanitary inspector may apply to the sheriff, or to any magistrate or justice of the peace having jurisdiction in the place, stating on oath such belief; and such sheriff, magistrate, or justice may, after intimation to the owner, occupier, or person in charge of the premises, by order in writing, require the occupier or person having the custody of such premises to admit the local authority and others aforesaid; and if such occupier or person refuse or fail to obey such order, he shall, on conviction of such offence, be liable to a penalty not exceeding five pounds; and on being satisfied of such failure or refusal, the sheriff, magistrate, or justice may grant warrant to such local authority, officers, or person or persons for immediate forcible entry into the premises; and if no such occupier or person can be discovered, or if no person is found on the premises to give or refuse admission, the local authority or their officers may enter the premises without any order or warrant, and forcibly, if need be.
Provided that if no nuisance be found to exist, the local authority shall restore the premises at their own expense.
Any order made by a sheriff, magistrate, or justice for the admission of the local authority or their officers or other persons under this section shall continue in force until the nuisance has been removed, or the work for which the entry was necessary has been done.
Amendment made: After "owner," insert "and."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clauses 19 to 21 inclusive ordered to stand part of the Bill.
Clause 22,—

PROCEEDINGS BY LOCAL AUTHORITY WHEN NUISANCES ARE ASCERTAINED TO EXIST.
In any case where the existence of a nuisance is ascertained to their satisfaction by the local authority, or where the nuisance in the opinion of the local authority did exist, and, although the same may have been since removed or discontinued, is in their opinion likely to recur or to be repeated, they may apply to the sheriff or to any magistrate or justice, by summary petition in manner hereinafter directed, and if it appear to his satisfaction that the nuisance exists, or, if removed or discontinued, that it is likely to recur or to be repeated, he shall decern for the removal or remedy or discontinuance or interdict of the nuisance as hereinafter mentioned; provided that if it appear to the sheriff or magistrate or justice that the nuisance arose from the wilful fault or culpable negligence either of the owner or occupier of the premises, and that a notice in respect thereof had previously been served on such author, the sheriff or magistrate or justice may, in addition to making a decree as aforesaid, impose a fine not exceeding five pounds on such owner or occupier; provided that in the cases under Sub-section (6) and (8) in Section sixteen of this Act such application shall be made only on medical certificate as aforesaid, or on a representation by a parish council, or on a requisition in writing under the hands of any ten ratepayers of the district of the local authority, and that in these cases and the cases under Sub-sections (9) and (10) in said section, it shall be made only to the sheriff; and farther, that in the cases under Sub-section (11) in Section sixteen it shall not be necessary to cite any person as the author of the nuisance, but such application shall be proceeded with by the sheriff (to whom alone it shall be made) after such intimation to the collector of the churchyard or other dues, or to such other person as to the sheriff shall seem meet; and such person or persons as shall appear after such intimation shall, if the sheriff think proper, be allowed to be heard and to object to such application in the same manner as if he or they were the author of the alleged nuisance within the meaning of this Act.
Amendment made: Leave out "as aforesaid."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clauses 23 to 35 inclusive ordered to stand part of the Bill.
Clause 36,—

DUTY OF LOCAL AUTHORITY TO COMPLAIN TO SHERIFF, ETC. OF NUISANCE ARISING FROM OFFENSIVE TRADE.
(1.) Where it appears to the local authority upon a certificate by their medical officer, or from a representation by a parish council, or on a requisition in writing under the hands of any ten ratepayers within the district that any trade, business, process, or manufacture carried on in any manufactory, building, or premises, and causing effluvia is a nuisance or injurious or dangerous to the health of any of the inhabitants of the district, such authority may, if they think proper, and, if required by the Board shall apply to the sheriff by summary petition, and if it appears to such sheriff that any trade, business, process, or manufacture carried on in such manufactory, building, or premises is causing a nuisance, or any effluvia which is a nuisance or injurious or dangerous to the health of any of the inhabitants within the district, then, unless it is shown that the best practicable means have been used for removing the nuisance, or preventing or counteracting the effluvia, the author of the nuisance, and failing him the occupier and failing him the owner of the premises, shall be liable to a penalty not exceeding fifty pounds.
(2.) Provided that the court may suspend its final determination on condition that the person so offending undertakes to adopt, within a reasonable time, such means as the court may deem practicable, and may order to be carried into effect, for removing the nuisance, or mitigating or preventing the injurious or dangerous effects of the effluvia.
(3.) The local authority may, if they think fit, on such certificate as is in this section mentioned, cause proceedings to be taken in the Court of Session against any person in respect of the matters alleged in such certificate.
(4.) The local authority may take proceedings under this section in respect of a manufactory, building, or premises situate without their district, so, however, that the summary proceedings shall be had before a sheriff having jurisdiction in the district where the manufactory, building, or premises are situate.
THE EARL OF CAMPERDOWNmoved to omit the words in Sub-section (1) "upon a certificate by their medical officer or from a representation," and to insert "or when it is represented to the local authority." His object was to strike out the reference to a medical officer. The words "or sanitary inspector" were originally in the clause, but were struck out. For some reason unknown to him the medical officers wished to establish for themselves an independent position, or at all events a superior position to that of the sanitary inspector under the Public Health Acts of Scotland. It seemed to him,
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however, that both the medical officer and the sanitary inspector were merely officials of the local authority, and that it was their duty to carry out any instructions which might be given to them. He thought the local authority should be permitted to obtain the knowledge that these trades were objectionable in any way they saw fit.
LORD BALFOURthought the clause would be better as it stood. When they were going to stop an offensive trade they ought to proceed with greater circumspection than in the case of an ordinary nuisance. This was part of the arrangement which had been come to after a great deal of discussion in the other House, and although he could not say that it was a matter of first class importance he should prefer the clause as it stood.
THE EARL OF GALLOWAYsaid he knew what difficulties there had been between the sanitary inspectors and the medical officers, but after what had been said by the noble Lord he would rather advise his noble Friend to withdraw his Amendment.
THE EARL OF CAMPERDOWNsaid he would not press the Amendment, but he could not see any reason for fettering the action of the local authority.
Amendment, by leave, withdrawn.
Clauses 36 to 42 inclusive ordered to stand part of the Bill.
Clause 43,—

INSPECTION AND DESTRUCTION OF UNSOUND MEAT, ETC.
(1.) Any medical officer or sanitary inspector or any veterinary surgeon approved for the purposes of this section by the local authority may at all reasonable times enter any premises within the district of the local authority, or search any cart or vehicle, or any barrow, basket, sack, bag, or parcel, in order to inspect and examine and may inspect and examine

(a) any animal, alive or dead, intended for the food of man which is exposed for sale, or deposited in any place or is in course of transmission for the purpose of sale, or of preparation for sale; and

(b) any article, whether solid or liquid, intended for the food of man, and sold or exposed for sale, or deposited in any place or in course of transmission for the purpose of sale or of preparation for sale.

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the proof that the same was not exposed or deposited or in course of transmission for any such purpose, or was not intended for the food of man, resting with the person charged; and if any such animal or article appears to such medical officer or sanitary inspector or veterinary surgeon to be diseased, or unsound, or unfit for the food of man, he may seize and carry away the same himself or by an assistant, in order to have the same dealt with summarily by a sheriff, magistrate, or justice.
Provided that in the case of any proceeding under this section with regard to a living animal the medical officer or sanitary inspector, unless he is himself a qualified veterinary surgeon, shall be accompanied by a veterinary surgeon approved as aforesaid.
The police force of each police area shall have power to search carts or vehicles, or barrows, baskets, sacks, bags, or parcels, and to assist generally in executing and enforcing this section.
(2.) If it appears to a sheriff, magistrate, or justice, that any animal or article which has been seized or is liable to be seized under this section is diseased, or unsound, or unfit for the food of man, he shall condemn the same, and order it to be destroyed or so disposed of as to prevent it from being exposed for sale or used for the food of man; and the person to whom the same belongs or did belong at the time of sale or exposure for sale, or deposit or transmission for the purpose of sale, or of preparation for sale, or in whose possession or on whose premises the same was found, shall be liable to a penalty not exceeding fifty pounds for every animal or article, or if the article consists of food, vegetables, corn, bread, or flour, for every parcel thereof so condemned, unless he proves that he and the person acting on his behalf (if any) did not know and could not with reasonable care have known that it was in such a condition, or where the proceedings are before a sheriff, at the discretion of the court, if it finds that he has knowingly and wilfully committed the offence, he shall be liable without the infliction of a penalty, to imprisonment for a term of not more than three months with or without hard labour, and also to pay all expenses caused by the seizure, detention, or disposal thereof.
Provided that if such person proves that the animal or part thereof condemned as aforesaid was within a reasonable time prior to the seizure thereof examined upon the premises where the animal was slaughtered and passed by a veterinary surgeon approved as aforesaid called in for the purpose, and who shall have granted a certificate of passing as nearly as may be as in the next sub-section provided, or by a veterinary surgeon in terms of that subsection, he shall be exempt from penalty of imprisonment under this section for such offence.
(3.) Each local authority, or two or more local authorities in combination may, if they think fit, appoint a place or places within its district or their districts, and fix a time or times at which a veterinary surgeon approved as aforesaid shall attend for the purpose of examining any animal alive or dead which may there be submitted to him, and passing or condemning the same, and such veterinary surgeon
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shall, on receipt of a fee to be fixed by the local authority or authorities and paid by the owner, examine and pass or condemn in whole or in part any animal or carcass so submitted to him; and if he shall pass the same he shall grant a certificate of passing which shall set forth the name of the owner, the date and hour of examination, and such particulars regarding the animal or carcass as the local authority or authorities may prescribe for the purpose or aiding in the subsequent identification of the same; and if he shall condemn the animal or carcass, or part thereof, the animal or carcass or part so condemned shall be retained and be forthwith destroyed by the local authority or authorities, or so disposed of as to prevent it from being exposed for sale or used for the food of man, and the owner shall be entitled to the net price realised from the residual product of the carcass or part so condemned, if any, after deducting the expenses of condemnation and destruction. Provided that no carcass shall be submitted for examination, either under this or the immediately preceding sub-section, unless as a whole carcass, including the thoracic; and abdominal viscera, in such manner that the examiner shall be readily able to satisfy himself that the organs are those of the carcass under inspection.
(4.) Where it is shown that any animal or article liable to be seized under this section and found in the possession of any person was purchased by him or consigned to him from another person for the food of man, and when so purchased or consigned was in such a condition as to be liable to be seized and condemned under this section, the person who so sold or consigned the same shall be liable to be brought to trial in the district in which such animal or article was seized, and on conviction shall be liable to the penalty and imprisonment above mentioned, unless he proves that at the time he sold or consigned the said animal or article he and the person acting on his behalf, if any, did not know and could not with reasonable care have known that it was in such a condition.
(5.) A copy of any certificate granted by a veterinary surgeon, under Sub-section two or three of this section, shall forthwith be sent by him to the chief constable of the jurisdiction in which the examination of the animal or carcass took place, and the certificate itself shall be sent by the person selling the animal or carcass forthwith after the sale, and not more than seven days from the date of the certificate, to the chief constable of the jurisdiction in which the sale of the animal or carcass took place, and if any veterinary surgeon or person shall contravene this enactment he shall be liable to a penalty not exceeding twenty pounds.
(6.) Where a person convicted of an offence under this section has been within twelve months previously convicted of an offence under this section, the sheriff, magistrate, or justice may, if he thinks fit, and finds that the offender knowingly and wilfully committed both such offences, order that a notice of the facts be affixed, in such form and manner and for such period not exceeding twenty-one days as the sheriff, magistrate, or justice may order, to any premises occupied, by that person, and that the

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person do pay the costs of such affixing, and if any person obstructs the affixing of such notice, or removes, defaces, or conceals the notice while affixed during the said period, he shall for each offence be liable to a penalty not exceeding five pounds.
(7.) If the occupier of a licensed slaughterhouse is convicted of an offence under this section the sheriff, magistrate, or justice convicting him may cancel the licence for such slaughter-house.
(8.) If any person obstructs a medical officer, sanitary inspector, or veterinary surgeon as aforesaid in the performance of his duty under this section he shall, where the proceedings are before a sheriff, and where the sheriff is satisfied that the obstruction was with intent to prevent the discovery of an offence under this section, or that the accused has within twelve months previously been convicted of such obstruction, be liable to imprisonment for any term not exceeding one month in lieu of any penalty authorised by this Act for such obstruction.
(9.) A sheriff, magistrate, or justice, may act in adjudicating on an offender under this section whether he has or has not acted in ordering the animal or article to be destroyed or disposed of.
Amendment made in Sub-section (2): Leave out "food," and insert "fruit."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clauses 44 to 59 inclusive ordered to stand part of the Bill.
Clause 60,—

INSPECTION OF DAIRIES, AND POWER TO PROHIBIT SUPPLY OF MILK.
(1.) If the medical officer of any district has evidence that any person in the district is suffering from an infectious disease attributable to milk supplied within the district from any dairy situate within the district, or that the milk from any such dairy is likely to cause any such disease to any person residing in the district, such medical officer shall visit such dairy, and the medical officer shall examine the dairy and every person engaged in the service thereof or resident upon the premises or who may be resident in any premises where any person employed in such dairy may reside, and if accompanied by a veterinary inspector or some other properly qualified veterinary surgeon, shall examine the animals therein, and the medical officer shall forthwith report the results of his examination accompanied by the report of the veterinary inspector or surgeon, if any, to the local authority or any committee of the local authority appointed under Section fourteen to deal with such matters.
(2.) If the medical officer of any district has evidence that any person in the district is
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suffering from any infectious disease attributable to milk from any dairy without the district, or that the milk from any such dairy is likely to cause any such disease to any person residing in the district, such medical officer shall forthwith intimate the same to the local authority of the district in which such dairy is situate, and such other local authority shall be bound, forthwith, by its medical officer to examine the dairy and the persons aforesaid, and by a veterinary inspector or other properly qualified veterinary surgeon to examine the animals therein, previous notice of the time of such examination having been given to the local authority of the first-mentioned district, in order that the medical officers or any veterinary inspector or surgeon appointed by such authority, may, if they so desire, be present at the examinations referred to, and the medical officer of the second-mentioned local authority shall forthwith report the results of his examination, accompanied by the report of the veterinary inspector or surgeon, if any, to that local authority or any committee of that local authority appointed under Section fourteen of this Act to deal with such matters.
(3.) The local authority of the district in which the dairy is situated, or any committee appointed for the purpose, shall meet forthwith and consider the reports together with any other evidence that may be submitted by parties concerned, and shall either make an order requiring the dairyman not to supply any milk from the dairy until the order has been withdrawn by the local authority, or resolve that no such order is necessary.
(4.) Where proceedings are taken or any order is made under this section by the local authority of a district other than a burgh, it shall not be competent to appeal against the said proceedings or against said order to the county council.
(5.) The local authority may, if the dairy is within the district, require the dairyman not to supply milk either within or without the district, and shall give notice of the fact to the local authority of any district within which they believe milk to be supplied from such dairy.
(6.) Any such order shall be forthwith withdrawn on the local authority, or their medical officer on their behalf, being satisfied that the milk from the dairy is no longer likely to cause infectious disease.
(7.) It shall be open to any local authority or dairyman aggrieved by any such resolution or order, or withdrawal of order, to appeal in a summary manner to a sheriff having jurisdiction in the district in which the dairy is situated, and the sheriff may either make an order requiring the dairyman to cease from supplying milk, or may vary or rescind any order which has been made by the local authority, and he may at any time withdraw any order made under this section. Pending the disposal of any such appeal the order shall remain in force.
(8.) If any person refuses to permit the medical officer or veterinary inspector of the local authority of the district, or of another district, concerned, accompanying such medical officer or veterinary inspector, to make examination as above provided, or, after any

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order has been made under tins section, supplies milk in contravention of the order, he shall be liable to a penalty not exceeding ten pounds, and, if the offence continues, to a further penalty not exceeding five pounds for every day during which the offence continues.
(9.) Provided that—

(a) proceedings in respect of the offence shall be taken before a sheriff having jurisdiction in the place where the dairy is situate; and

(b) a dairyman shall not be liable to an action for breach of contract if the breach be due to an order under this action.

(10.) Nothing in or done under this section shall interfere with the operation or effect of the Contagious Diseases (Animals) Acts 1878 to 1886, or of any order, licence, or act of the Privy Council or the Board thereunder, or of any regulation, licence, or act of a local authority made, granted, or done under any such order of the Privy Council or the Board, or exempt any dairy, building, or thing, or any person from the provisions of any general Act relating to dairies, milk, or animals.
Amendments made: In Sub-section (1) leave out "veterinary inspector or some other properly qualified": and after "surgeon," insert "approved as aforesaid"; leave out "inspector or."—(Lord Balfour.)
THE MARQUESS OF LOTHIANmoved to add at the end of the clause:—
(c) The medical officer of any district, or the local authority, may in any case in which such medical officer considers it necessary or expedient for preventing the spread of infectious disease, apply summarily to the sheriff or to a magistrate or justice of the peace for a summary warrant or order to stop the sale within such district of any milk which such medical officer may deem it necessary or expedient to stop to prevent the spread of infectious disease, and the sheriff or magistrate, or justice of the peace, as the case may be, may grant a war-rant or order accordingly, and the local authority shall pay the value of the milk so stopped, together with any costs reasonably incurred by the seller of the milk, if it should be afterwards found that the same was free from infection.
The noble Marquess remarked that in populous places it was very important that the medical officer should have the powers which his Amendment sought to confer upon him. The object of the Amendment had been partially met in the House of Commons by the local authority being enabled to deal "forthwith" with any cases brought before them.
LORD BALFOURobjected that the addition to the clause would give too much power to medical officers, and he did not think it was necessary for the object his noble Friend had in view. The clause as adjusted already seemed strong enough, and as his noble Friend had mentioned, it had been strengthened by throwing upon the local authority the obligation to proceed forthwith in the exercise of the power to stop "forthwith" the sale of infected milk. The medical officer might do a great deal of harm to a dairyman's business, for which there would be no compensation by the oppressive use of the power which would be conferred upon him, and the mere offer to pay for the milk seized and confiscated would not repair the damage done to an innocent dairyman if milk seized was not proved to be deleterious. The City of Edinburgh was the only authority that had moved in this matter since the clause was adjusted, and he hoped that on that ground the House would not adopt this addition to the clause.
Amendment, by leave, withdrawn.
Amendments made: In Sub-section (1) leave out "veterinary inspector or other properly qualified," and after "surgeon" insert "approved as aforesaid."
In Sub-section (2) leave out "inspector or surgeon appointed by such authority," and insert "surgeon approved as aforesaid."
In Sub-section (8) leave out "inspector or"; leave out after "veterinary" to "inspector" inclusive, and insert "surgeon of cither local authority."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clause 87,—

PENALTIES.
If any person wilfully neglects or refuses to obey or carry out, or obstructs the execution of, any regulation made under this part of this Act, he shall be liable to a penalty not exceeding one hundred pounds, and in the case of a continuing offence to a father penalty not exceeding fifty pounds for every day during which

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the offence continues; and any such penalty shall be recoverable by action at the instance of the Lord Advocate on behalf of the Board, or by any local authority with the consent of the Board, in any competent court.
Amendment made: Leave out "by action" and insert "with expenses."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clause 88,—

TRANSFER OF POWER UNDER 39 AND 40 VICT. c. 36. s. 234.
The powers exerciseable by Her Majesty in Council, or any two of the Lords of Her Majesty's Privy Council under Section two hundred and thirty-four of the Customs Consolidation Act 1876 shall be exerciseable by the Board, provided that any Orders of the Board shall apply to ships coming to any port in Scotland; and the penalties under that section may be sued for, prosecuted, and recovered at the instance of the Lord Advocate on behalf of the Board, or of any local authority with consent of the Board, by proceedings in any competent court.
Amendment made: After "recovered" insert "with expenses."—(Lord Balfour.)
Clause 97,—

AS TO GIVING 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 cither to the medical officer or to the inspector of common lodging-houses, who shall forthwith inform the medical officer, 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 cause the premises to be disinfected.
Provided always, that if the medical officer 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, except such part thereof as may be certified by the medical officer to be free from infection, and the local authority may make provision for the temporary shelter or house accommodation, and, if necessary, maintenance at a rate not exceeding the same payment per night as usually paid by such persons frequenting said lodging-house while such persons are prevented from returning to such common lodging-house.
Amendment made: Leave out "such" ["such persons"].—(Lord Balfour.)
Clause 107,—

PROTECTION FOR RAILWAYS, CANALS, ETC.
Where any such sewer shall pass under or across, or in any way affect any railway or canal, or any bridge, tunnel, or other work in connection therewith, the following provisions for the protection of such railway or canal, or bridge, tunnel, or other work, shall apply and have effect:—

(1.) The whole works connected with such sewer, so far as affecting any railway or canal, or bridge, tunnel, or other work, shall be executed and thereafter maintained under the superintendence and to the reasonable satisfaction of the engineer of the railway or canal company, and according to plans and specifications to be previously submitted to such engineer and approved by him in writing. Provided that if such engineer shall not have expressed his approval or disapproval of such plans and specifications within fourteen days after the same shall have been submitted to him, he shall be deemed to have approved thereof;

(2.) Such works, and any alteration which it may at any time be necessary to make in such works, may be executed either by the local authority or by the railway or canal company at the option of the engineer of the railway or canal company;

(3.) In the event of the local authority and the engineer of the railway or canal company differing in opinion in regard to any works affecting the railway, or canal, or bridge, tunnel, or other work, or as to the mode of carrying out such works, or otherwise in relation thereto, such difference shall, on the application of the local authority, or of the railway or canal company, be referred to an engineer to be appointed by the sheriff, and shall be decided by the sheriff upon the report of such engineer, and such decision shall be final.

Amendment made: Leave out "such" ["such sewer"].—(Lord Balfour.)
Clause 122,—

SPECIAL DRAINAGE DISTRICTS.
(1.) Upon requisition to that effect, made in writing, by a parish council or by not fewer than ten ratepayers 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 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

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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 shall determine all questions regarding the payment of any debt which may affect any district or special drainage district, and the right to impose and the obligation to pay any assessment affected by such determination, and shall fix the date at which such determination shall take effect; and such resolution shall be published in one or more newspapers circulating in the district, or by the posting of handbills throughout the district, and a copy of said resolution shall be forthwith transmitted to the Board, and, where the local authority is a district committee, to the county council: and the production of such newspaper or handbill, or a certificate under the hand of the clerk of the local authority (whose signature need not be proved) shall be sufficient evidence of such resolution; and within twenty-one days after the date of the first publication of such resolution it shall be competent for any person interested to appeal against the resolution, whatever its terms may be, 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 questions regarding the payment of any debt which may affect any district or 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, and a copy of any order pronounced by the sheriff shall be forthwith published in one or more newspapers circulating in the district, or by the posting of handbills throughout the district, and transmitted to the Board and to the county council.
(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.) Where a special drainage district has been formed, or may hereafter be formed under the provisions of this Act, the district committee of the district in which such special drainage district is or may be situated, or the county council where a county is not divided
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into districts, shall, in their discretion, have power to provide for the drainage of the highways and footpaths under their management and control within such special drainage district, or to pay or contribute out of the assessments raised under the Roads and Bridges (Scotland) Act 1878 a proportion of the cost of providing and maintaining sewers sufficient for the drainage of such highways and footpaths.
(5.) Nothing contained in this Act shall prejudice the provisions of Sub-sections one and two of Section eighty-one of the last-mentioned Act as amended by Section forty-four of the Local Government (Scotland) Act 1894.
Amendment made: In Sub-section (5) leave out "last mentioned Act" and insert "Local Government (Scotland) Act, 1889."—(Lord Balfour).
THE EARL OF CAMPERDOWNmoved in Sub-section (1) after "notice" to insert "or, if the local authority itself so resolve, it may meet after twenty-one days' notice." He remarked that the clause itself enabled the Parish Council or ten ratepayers to apply to the local authority to consider the expediency of forming a special district. He proposed to extend that power to the local authority itself. The extension would be very useful, and was a power which was required. In Scotland all matters of public health were managed by a district, and the area of taxation was the district, and no longer the parish as it used to be. Under these circumstances a district being composed of many parishes, it might happen that a small hamlet or village wanted water. The local authority desired the village to find a supply for itself, and advised them to form themselves into a special district. But if the village wished to transfer its burden to the rest of the district, it would be in its power, as the clause stood, to refuse to form itself into a special district, and if water was brought to the village it would be at the general expense of the whole district, large parts of which might be many miles distant. He desired that those who received these special facilities and advantages should pay for them. All his Amendment provided was, that after giving 21 days' notice the local authorities might meet and consider whether a special district should be formed.
LORD BALFOURsaid he had no objection to the Amendment, as it made no real change in the substance of the Bill.

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His noble Friend was in error in saying the ten ratepayers would have to be within the special district. The ten ratepayers might be in the larger district out of which the small one had to be formed. When a district became a district local authority, it did require that the ten ratepayers should be ratepayers in the smaller district concerned. As the Bill now read, ten ratepayers in the district of the local authority might sign the requisition and set the procedure in motion. Therefore, if the district authority desired to form a special district in its own bounds, it would have no difficult in getting ten ratepayers to make the first move.
THE EARL OF CAMPERDOWNsaid the noble Lord had not comprehended his point. This had not reference to the ton ratepayers, or the places where they lived. The clause said that where a Parish Council applied, or any ten ratepayers within a district, the local authority might meet. He had no objection to this, but he wanted to add that the local authority, if it thought there should be a district, might, after 21 days' notice, propose that there should be a special district.
LORD BALFOURreplied that if the local authority itself was likely to agree to it, there would be no difficulty in getting ten ratepayers to sign a requisition. As the Amendment made no real difference in the procedure, and if the noble Lord attached importance to it, he would accept it.
THE EARL OF CAMPERDOWN: That being so, I should like it inserted.
Amendment agreed to.
Clause 125,—

LOCAL AUTHORITY TO REQUIRE WATER TO BE SUPPLIED TO HOUSES IN CERTAIN CASES.
If any occupied house within the district of any local authority other than the local authority of a burgh is without a proper supply of wholesome water at or reasonably near the same, the local authority shall require the owner to obtain such supply and to do all such works as may be necessary for that purpose, and failing his doing so, within twelve months after due notice, the local authority may themselves obtain such supply and for that purpose may use their powers of acquiring land by agreement or otherwise under this Act; and may, for the purpose of obtaining such supply, enter upon the premises and execute all such
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works as may appear to them necessary, in the same manner as if an order of a sheriff, magistrate, or justice had been made for the removal of a nuisance on the premises and that order had not been complied with; and the local authority may recover in a summary manner from the owner the whole or a reasonable part of the expenses incurred by them under this section: Provided that where the owners of two or more houses have failed to comply with the requirements of the notice served on them under this section, and the local authority might under this Act execute the necessary works for providing a water supply for each house, the local authority may, if it appears to them desirable and no greater expense would be occasioned thereby, execute works for the joint supply of water to those houses, and apportion the expenses as they deem just, and further provided that if any question shall arise under this section it shall be determined summarily by the sheriff who shall have regard to all the circumstances of the case, and whose decision shall be final. Provided that nothing in this section shall relieve the local authority from the duty of providing their district or any part thereof with a supply of water, where a general scheme for such supply is required, and can be carried out at a reasonable cost.
THE EARL OF CAMPERDOWNmoved to insert after "owner" ["owner to detain"] "either to cease to use, or permit such house to be used, for occupation or." The clause empowered a local authority to require the owner of a house to obtain a supply of water for his house, if there was not a sufficient supply, and failing his doing so within twelve months, they might obtain such a supply and make him defray the cost. His reason for moving this Amendment was that it might happen that a person who had a house for which there was not a proper water supply was not willing to go to the expense of obtaining it. The owner had no right to commit a nuisance, and the local authority would be perfectly right in ordering him to get a supply of water, but if the owner would prefer to give up the habitation of the house or not to let it rather than be forced to pay the cost of bringing a supply of water to it, he ought to be given that power, a power he had under the existing law.
LORD BALFOURadmitted that an owner had the power which the noble Lord had described, but he deprecated the insertion of the proposed words because it would certainly be regarded as a direct incentive to turn people out of their houses, and would be a sort of premium upon evictions. He hoped the

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noble Lord would not press the Amendment, because it would add nothing at all to the power of the owner of a house.
THE EARL OF CAMPERDOWNsaid that the clause did not give an owner power to close his house. It was provided that—
"the local authority shall require the owner to obtain such supply and to do all such works as may be necessary for that purpose, and failing his doing so within twelve months after due notice the local authority may themselves obtain such supply and for that purpose may use their powers of acquiring land"
and—
"the local authority may recover in a summary manner from the owner the whole or a reasonable part of the expenses."
That changed the law.
LORD BALFOURsaid the noble Lord would remember what took place last year. As the Bill was drafted the local authority was given power to introduce a water supply within six months, and it was pointed out that some houses were let on yearly tenancies, and the owner would not then have the option of ceasing to use the house for habitation. Twelve months was put in so that under all the circumstances the owner would have that option.
THE MARQUESS OF LOTHIANasked if it was absolutely certain that the clause would not change the law, he had some doubt on the subject.
LORD BALFOURpointed out that the opening words of the clause were "if any occupied house within the district." If during twelve months the landlord preferred not to occupy a house or to let it rather than go to the expense of putting in a water supply, the house would then not be an occupied house, and it would not come under the clause at all. The clause as it stood made no alteration in the law to the detriment of the landlord.
Amendment, by leave, withdrawn.
Amendments made: leave out—
"appear to them necessary, in the same manner as if an order of a sheriff, magistrate, or justice had been made for the removal of a nuisance on the premises and that order had not been complied with,'
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and insert "be necessary." Leave out "they deem" and insert "shall be."—(Lord, Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clauses 126 to 130 inclusive ordered to stand part of the Bill.
Clause 131,—

SPECIAL WATER SUPPLY DISTRICTS.
(1) Upon requisition to that effect made in writing by a parish council or by not fewer than ten ratepayers within the district, the local authority, not being the local authority of a burgh, shall be bound to meet, after twenty-one days' notice, and shall, whether water supply has been already provided or not, consider the propriety of—

(a) forming part of their district into a special water supply district; or

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

(c) combining a special water supply district with another special water supply district; or

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

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

and the resolution of the local authority shall determine all questions regarding the payment of any debt which may affect any district or special water supply district, and the right to impose and the obligation to pay any assessment affected by such determination, and shall fix the date at which such determination shall take effect; and such resolution shall be published in one or more newspapers circulating in the district, or by the posting of handbills throughout the district, and a copy of said resolution shall be forthwith transmitted to the Board, and where the local authority is a district committee to the county council; and the production of such newspaper or handbill, or a certificate under the hand of the clerk of the local authority (whose signature need not be proved), shall be sufficient evidence of such resolution; and within twenty-one days after the date of the first publication of such resolution it shall be competent for any person interested to appeal against the resolution (whatever its terms may be) 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 water supply district should be formed, or may enlarge or limit the special districts as defined by the resolution of the local authority, or may find that a special water supply district should be formed, and may define the limits thereof, or may find that such special water supply district or part thereof

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shall be combined as prayed, or that such combination shall cease, or that such special water supply 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 district or special water supply district, and the right to impose and the obligation to pay any assessments affected by his determination, and shall fix the date at which such determination shall take effect; and a copy of said order shall be forthwith published in one or more newspapers circulating in the district, or by the posting of handbills throughout the district and transmitted to the Board and to the county council.
(3.) 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 a district committee under this section.
(4.) Nothing contained in this Act shall prejudice the provisions of Sub-sections one and two of Section eighty-one of the last-mentioned Act as amended by Section forty-four of the Local Government (Scotland) Act 1894.
Amendment made: In Sub-section (1), after "notice," insert "or, if the local authority itself so resolve, it may meet after twenty-one days notice."—(The Earl of Camperdown.)
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 132 ordered to stand part of the Bill.
Clause 133,—

SPECIAL SEWER ASSESSMENT.
Where any special drainage district has been formed under this Act, or any of the Acts hereby repealed, the expense incurred by the local authority for sewerage or drainage within the same, or for the purposes thereof, and the sums necessary for payment of any money borrowed therefor either before or after the passing of this Act, together with the interest thereof, shall be paid out of a special sewer assessment which the local authority shall raise and levy on and within such special distinct, in the same manner and with the same remedies and modes of recovery as are hereinafter provided for the public health general assessment.
Provided that where a special drainage district has been formed under the provisions of this Act or any of the Acts hereby repealed or of any Act, and the drainage works therein Lave been executed and are maintained under
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the authority of such Act, the lands and premises situated within such special district shall not be liable to assessment for the expense of making sewers and drainage works in other parts of the district of the local authority.
LORD BALFOUR LORD BALFOUR moved to insert, before "Where," "In any burgh or." In the Act of 1871, which was one of the Acts this Bill proposed to consolidate these words were found. In all burghs where there had been exceptionally high rating for drainage or water supply, whether or not there had been a special district formed, the limit of rating at present was 2s. 6d., and not 1s., as it would become if this Amendment were not accepted. He could not understand how the words had been dropped out; he supposed they must have been dropped in the course of making the changes agreed to as the Bill was passing through Committee. If this Amendment were not passed a serious alteration would be made to the detriment of a large number of burghs, because they would be prevented from rating beyond 1s. for sanitary purposes.
Amendment agreed to.
Amendment made: After "such," insert "burgh or."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clause 134,—

SPECIAL WATER ASSESSMENT.
Where any special water supply district has been formed under this Act, or any of the Acts hereby repealed, the expense incurred by the local authority for water supply within the same, or for the purposes thereof, and the sums necessary for payment of any money borrowed therefor either before or after the passing of this Act, together with the interest thereof, shall be paid out of a special water assessment winch the local authority shall raise and levy on and within, such special district, in the same manner and with the same remedies and modes of recovery as are hereinafter provided for the public health general assessment.
Provided that where a special water supply district has been formed under the provisions of this Act or any of the Acts hereby repealed, or of any Act, and a sufficient supply of water has been obtained and is maintained under the authority of such Act, the lands and premises situated within such special district shall not be liable to assessment for the expense of supplying water to other parts of the district of the local authority.
Amendments made: Before "where," insert "in any burgh or"; after "such," insert "such special district, burgh or."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clauses 135 and 136, ordered to stand part of the Bill.
Clause 137,—

LIMIT OF ASSESSMENT.
The public health 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.
The special sewer assessment, and the special water assessment, exclusive of the public health general assessment, shall not in any special drainage or special water supply district exceed the rate of three shillings in the pound. Provided that if the produce of a rate of three shillings in the pound in any special drainage or special water supply district shall not be sufficient to meet the expenditure bonâ fide incurred or contemplated within such special district, it shall be lawful to increase such rate to such extent as may have been approved by the Board; provided also, that it shall not be lawful to impose any rate in respect of the expenditure within any special district upon any premises without such special district.
Clause 138 ordered to stand part of the Bill.
Clause 139,—

POWER OF BORROWING FOR SEWERS.
It shall be lawful for the local authority to borrow for the purpose of acquiring, making, enlarging, or reconstructing sewers, or for the purpose of utilising sewage; and on the security of the special sewer assessments, where such exist, and the public health general assessments, as the case may be, such sums of money, and at such times, as the local authority shall deem necessary for that purpose, and to assign the said special sewer assessments and public health general assessments, as the case may be, 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, 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 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
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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 for the purposes specified in this section, and for no other purpose whatsoever.
Amendment made: Leave out "and" ["and the public"], and insert "or."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clause 140,—

POWER OF BORROWING FOR WATER SUPPLY.
It shall be lawful for the local authority to borrow for the purpose of constructing, purchasing, enlarging, or reconstructing such works as are herein authorised for providing a supply of water for the use of the inhabitants of the district, or for the purpose of entering into and implementing any contract or arrangement with any person for such supply, and on the security of the special water assessments, where such exist, and of public health general assessments, as the case may be, such sums of money and at such times as the local authority shall deem necessary for that purpose, and to assign the said special water assessments and public health general assessments, as the case may be, 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, and shall constitute a lien over the assessments thereby assigned, and shall entitle the creditors therein to recover the sums thereby due out of the first and readiest of the said assessments; but no such member or clerk 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 thereby 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

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as aforesaid shall be applied wholly in defraying the expense of constructing, purchasing, enlarging, and reconstructing such works, and to no other purpose whatsoever.
Amendments made: After "any" ["any special drainage"], insert "burgh or"; after the next "any," insert "burgh or"; before "special" ["special district"], insert "burgh or"; leave out "and" ["and on the security"], and insert "or"; leave out "wholly in defraying the expense of constructing, purchasing, enlarging, and re-constructing such works, and to," and insert "for the purposes specified in this section and for."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clause 141,—

POWER OF BORROWING FOR HOSPITALS, ETC.
It shall be lawful for the local authority to borrow for the purpose of providing offices for the use of the local authority, and for providing and furnishing such permanent hospitals, disinfecting premises and apparatus, houses of reception, or mortuaries as are hereinbefore authorised, and on the security of the public health general assessments, such sums of money and at such times as they shall deem necessary for that purpose, and to assign the said public health general assessments 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, and shall constitute a lien over the assessments thereby assigned, and shall entitle the creditors therein to recover the sums thereby due out of the first and readiest of the said assessments; but no such member of 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 thereby 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 providing such offices, permanent hospitals, disinfecting premises and apparatus, houses of reception, or mortuaries, and to no other purpose whatsoever.
Amendment made: Leave out—
"wholly in defraying the expense of providing such offices, permanent hospitals, disinfecting premises and apparatus, houses of reception, or mortuaries, and to,"
and insert "for the purposes specified in this section, and for."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clause 142,—

POWER TO PUBLIC WORKS LOAN COMMISSIONERS TO LEND TO LOCAL AUTHORITY FOR SANITARY PURPOSES.
The Public Works Loans Commissioners may, on the recommendation of the Board, make any loan to any local authority in pursuance of any powers of borrowing conferred by this Act or by the Acts hereby repealed, 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 Local Loans Fund.
Provided as follows—

(1.) That in determining the time when a loan as aforesaid shall be repayable, the Public Works Loans 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.

Amendment made: After "repealed," insert "or by the Burgh Police (Scotland) Act, 1892."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clauses 143 to 155 inclusive ordered to stand part of the Bill.
Clause 156,—

APPEAL IN CERTAIN CASES.
Where in cases under Sub-sections (9), (10), and (11) in Section sixteen, it shall appear to the sheriff that the true value of the subject complained of as a nuisance, or the cost of the operations necessary to remove or amend it as ordered, or the value of the trade or business interfered with, exceeds the sum of twenty-five

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pounds, but does not exceed 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 obligants, 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 be 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 be 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.
Amendment made: Leave out "an" ["or an appeal"] and insert "on."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Clauses 157 to 188 inclusive ordered to stand part of the Bill.
Clause 189,—

ACT NOT TO AFFECT NAVIGATION OF RIVERS OR CANALS, OR IRRIGATION OF LANDS.
Nothing in this Act contained shall prejudice or affect, or shall enable any local authority or other person to injuriously affect—

(1.) The irrigation of lands in a rural district, or the supply of water used for such irrigation;

(2.) The supply of water required for the purposes of any waterworks established by or under the provisions of any Act of Parliament, or of the compensation water required to be given by the owners of such waterworks, unless Die local authority shall have previously obtained the consent of such owners;

(3.) The navigation on or use of any river,
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canal, dock, harbour, lock, reservoir, or basin in respect of which any persons are, by virtue of Act of Parliament, entitled to take tolls or dues, or the supply of water to the same, or any bridges crossing the same, or any towing-path thereon;

(4.) The purification of any river or stream in respect of which any persons are, by virtue of any Act of Parliament, authorised to exercise jurisdiction, or the rights, powers, jurisdictions, and authorities conferred by such Act.

Provided always, that it shall not be lawful for the local authority to execute any works in, through, or under any wharves, quays, docks, harbours, locks, reservoirs, or basins without the consent, in writing, in every case of the persons entitled by virtue of any Act of Parliament to take tolls or dues in respect thereof, and such persons may, at their own expense, and on substituting other sewers, drains, culverts, and pipes equally effectual, and certified as such by the inspector to the local authority, take up, divert, or alter the level of any sewers and drains, culverts, or pipes, constructed by any local authority, and passing under or interfering with such rivers, canals, docks, harbours, reservoirs, or basins, or the towing-paths thereof, and do all such matters and things as may be necessary for carrying into effect such taking up, diversion, or alteration.
THE EARL OF CAMPERDOWNsaid in this clause he proposed to insert after Sub-section (1) the words: "any supply of water used for domestic or agricultural purposes." He proposed to enact that water which had been brought by any one to a house or a farm or cottage at his own expense, should not be liable to be taken by the local authority for public purposes. That was the whole intention of the Amendment, and the object seemed so reasonable that he had hoped to spare their Lordships any remarks upon it, but he had some little doubt as to how his proposal would be received. By Clause 126 the Bill gave to a local authority, which their Lordships would remember was to be the new district authority, and no longer the Parish, full power, if it should be thought expedient, to acquire, provide, or arrange for a supply of water for the domestic use of the inhabitants, and for sanitary and other purposes, and for the purpose the local authority was to have power to acquire and conduct water from any lake, river, spring, or stream, to dig wells, and to construct reservoirs, and so on. They were given full and absolute power to take any supply of water within the district for these purposes. Then in this

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Clause (189), there were certain exceptions admitted to this expropriation, and it was proposed to enact that the local authority should not be allowed to prejudicially affect the irrigation of lands or the supply of water required for waterworks, or for navigation, or for the purification of any river or stream. So it would be seen that as the Bill stood at present it would be in the power of the local authority to take for their particular purpose any supply of water not exempted by Clause 189. He could hardly believe it to be the intention of the Government that it should be in the power of a local authority to take any private supply of this sort. Of course, he might be told two things, that this was the law at the present time, and that it has been in the power of the parish authority to take any supply of water, and moreover it might possibly be said that the thing had never been done. But though this should be said, yet still he should think it a very bad answer. It was to be remembered that by legislation the area was being altered and also the local authority. Of course, these Public Health Acts were being read much more carefully than they used to be, and advantage would be taken of any omission or slip in drafting; therefore it must not be assumed that because this had happened to be the law under the Act of 1867, and had not been applied in parishes, that it would so remain in the future, if it continued to be the law in regard to districts. It might possibly be said that owners would be protected in this case by the Lands Clauses Act, and that under that Act the compensation claimed would be so large that practically the owner would be in no danger. It was not, however, difficult to imagine a case; such cases frequently occurred, of a supply being necessary to a farm or farm buildings, or a cottage. He heard only yesterday of parish authorities proposing to do the very thing with water that went to a private house, proposing to intercept the supply for the purpose of taking it to a school instead. How could any pecuniary compensation under the Lands Clauses Act be sufficient for a man who was deprived of his water supply? If any exceptions were to be made in the Bill, clearly they should include a domestic and agricultural supply. He called attention to the exceptions as
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they stood in the clause. First the local authority was not to interfere with water for the irrigation of land in rural districts, and he would ask their Lordships was not the water supply for a dwelling house of equal importance to irrigation water? Then the supply for water works was not to be affected, and probably this was because, but for the exemption, water companies would have great trouble, and would have opposed this part of the Bill. That, however, did not create any difference in the justice of the two claims. Then came the further exceptions for navigation purposes and for the purification of rivers and streams. But he contended that if there should be any exemption at all in the Bill, then the domestic supply was the first and most important, and therefore he proposed this Sub-section. If the Act came to be construed in court—it might be said perhaps that it never would be done—but if the matter came before a court the Judge would find in clause 126 full and absolute power given to the local authority to take any water supply, and then turning to clause 189 he would find three or four exemptions, and domestic supply not being among these exceptions, was it not obvious that any Judge, any lawyer, would say,—
"Where are the exemptions from the Act and as this is not among them, it is clear it was the deliberate intention of the Legislature that domestic supply should not be exempted."
Of course it might be said the matter might be left as it had hitherto stood, but the whole object of this big Bill was to clear up obscurities in the law and make new laws. In his opinion it was never intended in 1867 that a private water supply should be appropriated, but if the Legislature intended that a private water supply should be liable to be taken, let that be understood, but a matter of this sort should not be allowed to slide and slip into one Act, to the surprise hereafter of persons when it was taken advantage of. He proposed at the end of Sub-section (1) to insert a new Sub-section: (2) Any supply of water used for domestic or agricultural purposes.
LORD BALFOURsaid if his noble Friend had confined his Amendment to the case he had made out, there would be a good deal to be said for it. The noble Earl had laid great stress on the hardship that would occur to an owner who had brought in a supply of water by artificial means for domestic or agricultural purposes, if this supply was taken away. But the words of the Amendment went far beyond that; there was nothing to confine the exception to water artificially introduced, it would apply to any supply used for domestic or agricultural purposes. If these words were inserted he was advised they would absolutely prevent any local authority taking water from any part of a stream which in its lower course was used for domestic or agricultural purposes, for it would be open to be argued that the supply was thereby injuriously affected. He was certain his noble Friend did not contemplate such a result as that, for he knew, from discussion with him and a long acquaintance with him in business transactions, that he was of an eminently practical mind, and had no wish by a side issue to make clause 126 absolutely nugatory. The Amendment went far beyond the case he had argued and would render that part of the Bill absolutely useless. He frankly admitted this was the law and had so existed for thirty years, but not resting objection upon that, for he admitted that confined to the case he had argued there was a good deal to be said, but the Amendment went far beyond such a case, he was wholly unable to accept it and hoped it would not be pressed.
THE EARL OF CAMPERDOWNsaid he was perfectly ready to accept any Amendment of his proposal, which would confine the operation to the cases he had mentioned. He did not mean to confine the application of the Amendment to water artificially brought; he wished to extend it to water which was either artificially brought or came down in the usual channels. He would be perfectly prepared to modify the terms of the Sub-section, so that it should apply to any supply of water so far as used for domestic or agricultural purposes.
LORD BALFOURasked the noble Earl if he would adopt some such words as these:—"Any supply brought to any
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premises by any person for domestic or agricultural purposes." Or, perhaps, to save the time of the House, although the Standing Order had been suspended, the remaining stages of the Bill might be taken on the morrow, and he would meanwhile endeavour to arrange the words with the noble Earl. But he was afraid whatever Amendment might be inserted, he could not be responsible for its acceptance in another place.
THE EARL OF CAMPERDOWNsaid he was ready to accept that proposal. It must be distinctly understood his object was to save any supply of water, whether artificially brought or coming down its own channel, and used for supplying a house, cottage or farm.
Amendment, by leave, withdrawn.
Clause ordered to stand part of the Bill.
Clauses 190, 191, and 192 ordered to stand part of the Bill.
Clause 193,—

REFERENCE TO PUBLIC HEALTH ACTS.
"Where, in any public, general, or local Act the Public Health Acts or any sections thereof are referred to, such reference shall be deemed to moan and include a reference to this Act or the corresponding sections of this Act and any Amendments thereof; and the expression 'public health rate' in any such Act shall mean the public health general assessment under this Act."
Amendment made:—
"After 'mean' insert 'and a reference to any of the assessments mentioned in Section 95 of the Public Health (Scotland) Act 1867, shall be deemed to be a reference to."—(Lord Balfour.)
Clause, as amended, ordered to stand part of the Bill.
Remaining Clauses and Schedule agreed to.
Bill reported as amended. Report of Amendments to be received To-morrow.

POST OFFICE (SITES) BILL.
Read 2a (according to Order).

WORKMEN (COMPENSATION FOR ACCIDENTS) BILL.
Commons Amendments to Lords Amendments and Commons consequential Amendment, and Commons reasons for disagreeing to certain of the Lords Amendments considered (according to Order).
Lords Amendment:—
Clause 1, leave out Sub-section (4) and insert:
(4.) If within the time hereinafter in this Act limited for taking proceedings an action is brought to recover damages independently of this Act for injury caused by any accident, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed; but the Judge, if he shall think fit, may himself proceed to assess such compensation, and shall be at liberty to deduct from such compensation all the costs which, in his judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Act.
In any proceeding under this sub-section, when the Judge assesses the compensation he shall give a certificate of the compensation he has awarded and the directions he has given as to the deduction for costs, and such certificate shall have the force and effect of an award under this Act.
Commons Amendments: Leave out from "Judge" to "proceed," and insert "Court in which the action is tried shall."
LORD BELPER LORD BELPER moved to agree with the Commons Amendment.
THE LORD CHANCELLORsaid he had an Amendment to move to the Amendment. By some error, he could not help thinking, the effect of the Amendment as it stood would, by a side-wind, be to deprive the plaintiff of his right of appeal if the learned Judges decided against him. He therefore proposed to move to leave out from the second "the" in line 7 to "proceed" in line 8, and, after the words "Court in which the action is tried shall," to insert the words "if the plaintiff shall so choose." The effect of that would be to restore what their Lordships had suggested. The Commons Amendment would have, unfortunately, left out any determination of the action at all. The result would be that the plaintiff
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would have no right of appeal, because the action would be left in suspense. He could not help thinking that those who suggested this Amendment did not contemplate that possibility.
Amendment, as amended, agreed to.
Commons Amendments: Leave out "his" and insert "its"; leave out "Judge" and insert "Court"; leave out "he" and insert "it," and leave out the second "he" and insert "it"; leave out "he" and insert "it."
LORD BELPER LORD BELPER moved that these Amendments be agreed to.
Amendments agreed to.
Clause 3,—

(1.) If the Registrar of Friendly Societies, after taking steps to ascertain the views of the employers and workmen, certifies that and scheme of compensation or insurance for the workmen of an employer in any employment is, on the whole, not less favourable to the workmen and their dependants than the provisions of this Act, the employer may, until the certificate is revoked, contract with any of those workmen that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall be liable only in accordance with the scheme, but, save as aforesaid, this Act shall apply, not with standing any contract to the contrary made after the commencement of this Act. The Registrar may give a certificate to expire at the end of a limited period not less than five years.

(2.) No scheme shall be so certified which contains an obligation upon the workmen to join the scheme as a condition of their hiring.

(3.) If the funds under any such scheme are not sufficient to meet the compensation payable under the scheme the employer shall be liable to make good the amount of compensation which would be payable under this Act.

(4.) If complaint is made to the Registrar of Friendly Societies by or on behalf of the workmen of any employer that the provisions of any scheme are no longer on the whole so favourable to the workmen of such employer and their dependants as the provisions of this Act or that the provisions of such scheme are being violated, or that the scheme is not being fairly administered by the employer, or that satisfactory reasons exist for revoking the certificate, the Registrar shall examine into the complaint, and, if satisfied that good cause exists for such complaint, shall, unless the cause of complaint is removed, revoke the certificate, whereupon the funds of the scheme shall be distributed as may be arranged between the employer and workmen, or as may be determined by the Registrar of Friendly Societies in the event of a difference of opinion.

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(5.) Whenever a scheme has been certified as aforesaid, it shall be the duty of the employer to answer all such inquiries and to furnish all such accounts in regard to the scheme as may be made or required by the Registrar of Friendly Societies.

(6.) The Chief Registrar of Friendly Societies shall include in his annual report the particulars of the proceedings of the Registrar under this Act.

Lords Amendment: Leave out "of an employer." Commons Reason.—The Commons disagree to this Amendment for the following reason: Because the omission of the words "by the employer" would unduly widen the scope of the clause.
LORD BELPER LORD BELPER moved to agree with the Commons.
Motion agreed to.
Lords Amendment: After "whole" insert "under all the circumstances of the case." Commons Reason.—The Commons disagree to this Amendment for the following reason: Because the words "under all the circumstances of the case" would not substantially alter the meaning of the clause, or might introduce matters which the Registrar should not consider.
Commons consequential Amendment.—But they propose as a consequential Amendment in line 31 to insert after "employment" the words "whether or not such, scheme includes other employers and their workmen."
LORD BELPER LORD BELPER moved to agree with the Commons Amendment. The other House did not appear to think that these words would widen the scope of the clause, and that they might possibly introduce some matters which were not intended.
Amendment agreed to.
Lords Amendment: In Sub-section (10), first schedule, after "employer" insert "or by any person by whom he is entitled to be indemnified." Commons Amendment: Leave out "he is entitled" and insert "the employer is entitled under this Act."
LORD BELPERsaid this was a mere drafting Amendment, and he moved that it be agreed to.
Amendment agreed to.
Lords Amendment: Second schedule, after "accordingly" insert:
"and rules of court may be made both for any purpose for which this Act authorises rules of court to be made, and also generally for carrying into effect this Act so far as it affects the County Court or an arbitrator appointed by the Judge of the County Court, and proceedings in the County Court or before any such arbitrator, and such rules may be made by the five Judges of the County Courts appointed for the making of rules under Section one hundred and sixty-four of the County Court Act 1888, and when allowed by the Lord Chancellor, as provided by that section, shall have full effect without any further consent."
Commons Amendment: After "may" insert "in England."
Amendment agreed to.
LORD BELPER LORD BELPER moved to agree to the first of the Commons Amendments to Sub-section (4) of Clause 1 which was inserted by their Lordships, and which made certain provisions for the assessment of compensation in the case of an action wrongly brought independently of the Act in regard to an injury for which the employer would have been liable to pay compensation under the provisions of the Act.
THE LORD CHANCELLORsaid he desired to move an Amendment to the Commons Amendment. The effect of the Commons Amendment as it stood was to deprive the plaintiff of his right of appeal if the Judge of the Court in which the action was tried decided against him. He could not help thinking that this was due to some error, to some misapprehension, and was not intended by those who suggested the Amendment to their Lordships' sub-section. He therefore moved to amend the Amendment so as to grant a right of appeal "if the plaintiff shall so choose."
Commons' Amendment as thus amended agreed to; remaining Commons Amendments agreed to.

EDUCATION (SCOTLAND) BILL.
LORD BALFOUR, in asking their Lordships to give a Second Reading to this Bill, explained that it proceeded on the same general lines as the educational legislation which that House had already agreed to so far as England was concerned. They had inserted all the provisions they required in one Bill, and dealt both with the case of the necessitous School Board districts and of the Voluntary Schools. Some disappointment had been expressed as to the amount which would accrue to Scotland under these proposals. He ventured to think that that disappointment was not altogether well founded. It was based upon the assumption that the money spent upon education in the two countries should proceed upon the definite ratio of 80 to 11. This was the calculation in regard to some other matters, but so far as education was concerned, the Government were unable to accept that theory. Their belief was that the education grant from the Imperial Exchequer in the case of the two countries respectively should be given not upon any financial theory of that kind, but should proceed, so far as the different conditions of the two countries would allow, upon an essential equality of conditions, and should, therefore, be given upon grounds which would be an incentive to efficiency of education, and not as a mere subsidy upon purely financial considerations. There was no attempt in the Bill at any educational change, or at the introduction of any new principle so far as Scotland was concerned. It proceeded entirely upon the idea of giving some much-needed assistance to Voluntary Schools and to the necessitous School Board districts. It was, however, made to suit the circumstances of Scotland in some of its details. For example, they did not propose to set up any of the somewhat elaborate machinery of associations which was considered necessary in the case of England. The reason for that was that there were, comparatively speaking, so few Voluntary Schools in Scotland, and were so scattered over the country, that it would not be easy to form associations while they were so few in number, that it was by no means difficult for the Scotch Education Department to deal with them individually. The provision made for the necessitous School Boards was simply an ex-
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tension of the principle which would be found in the 67th Section of the Scotch Education Act of 1872. Those provisions were proposed to be extended in this Bill, on precisely the same lines, and to bring about the same results as in the case of England. They proposed to exempt the Voluntary Schools from rates, but they did not propose in the case of Scotland to do away with the 17s. 6d. limit. There was not only no feeling against the limit in Scotland, but he believed it was very generally supported upon educational grounds. It was found to work well in practice, and it produced little or no discontent, while, at the same time, they regarded it as a valuable provision to prevent the practice of what was known as farming out schools. The capitation grant proposed to Voluntary Schools on the average attendance was 3s. a head. This was less by 2s. than the capitation grant in the case of English Voluntary Schools, but the distinction was based upon the fact that the fee grant was 12s. and not 10s., as was the case in England. Scotland, up to the present time, had been able to pay this additional 2s. both for Board and Voluntary Schools. The capitation grant to the Voluntary Schools would amount to £12,500. The alteration which was made in the condition under which the grant would henceforth be given to necessitous Board Schools was estimated to make an increase of about £28,000 a year to that special grant. The whole additional grant therefore payable under this Bill, so far as Scotland was concerned, would be about £41,000. There was an additional proposal for increasing the fee grant, which did not require legislation. Up to the present time they had been paying at the rate of 12s. instead of 10s., the extra 2s. being made up out of the Customs and excise money, which was set apart for the purpose in 1890. £40,000 was set apart for that purpose, and according to the average attendance of the day, that sum was sufficient. But with the increased average attendance that sum had been really insufficient, and they were therefore brought face to face with the serious prospect of having to reduce their fee grant to 10s., and so seriously disturb the financial position of every Scottish School, whether under a Board or under Voluntary management.

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The amount of deficiency would very shortly rise to £25,000, with the prospect of still further increase as the average attendance increased. The Chancellor of the Exchequer had agreed to assume upon the Imperial funds the burden of hereafter making up any deficiency; and the whole sum which would accrue to Scotland in consequence of the Government's policy would be £66,000 a year. Taking that in connection with the sums payable under the English Bill, the Government did not think it was an unfair equivalent to give Scotland from the Imperial Exchequer. He concluded by moving the Second Reading.
LORD TWEEDMOUTHsaid that be regretted that the noble Lord, as Secretary for Scotland, should have adopted this Bill, because it offended against the very objects for which the noble Lord's department was instituted. When, some years ago, Scottish business was taken from the Home Office and intrusted to a separate department, the object was to insure for Scotland a careful safeguarding of her interests of all sorts, and especially in the matter of finance. It was also the purpose to secure that Scottish legislation should follow Scottish demands and wants, and that in carrying that legislation out, methods should be adopted which were consonant with Scottish sentiment and wishes. This Bill failed to meet each and all of those conditions. With regard to finance, the noble Lord had admitted that with regard to this Bill the Government were departing from the principle of equivalent grants; and the noble Lord explained that the Government did not think education was a proper subject for equivalent grants. He quite agreed that the sum spent in each country on education should be in accordance with the wants of the country. But when a sum was taken from the Imperial Exchequer and given as a grant-in-aid for any purpose to one country, an equivalent grant ought to be given to the other country, though not necessarily for the same purpose, in order to be fair to the taxpayers of both countries. The very figures of the noble Lord showed that he admitted that contention; for if a sum equivalent to that given to England under the English Bill were now given to Scotland, it would be instead of £66,000, more like £110,000.
LORD BALFOUR: I cannot assent to that calculation. If there were to be a strict reckoning at the ratio of 11 to 80 on the whole expenditure on education, Scotland would not get nearly as much as she does.
LORD TWEEDMOUTHsaid that because Scotland had in the past chosen to spend a large sum on education, there was no reason why now she should not receive a dole equivalent to that given to England. Without contending about the amount of the deficiency, he would merely say that the sum allotted to Scotland was unjustly small, and that the noble Lord, as responsible for it, had not done his duty to the country for whose interests he was responsible in Parliament. Again, he failed to see any demand for this Bill in Scotland. He did not object to additional expenditure on the voluntary schools They were few in number, and stood in a totally different position from the English Voluntary Schools. If there were a sufficient number of Catholics or Episcopalians in a given district to maintain a school of their own, it was only fair that they should get some share of the Government money. But for Scotland there had come no demand whatever for further aid to elementary education. As far as elementary education was concerned, the Board, in Scottish opinion, was complet. But further provision was needed for secondary and technical education. Opinions to that effect had been expressed by Conservative as well as Liberal Members for Scotland, and by the numerous memorials which had been presented to the noble Lord for educational bodies in Scotland. The desire of all Scottish educationists was effectively to bridge over the interval between the Board Schools and the Universities. Even those who accepted this Bill, accepted it only as an instalment of what was due to Scotland. Then the Bill was not applied according to Scottish methods. If this grant were to be given, Scottish opinion desired that it should be accompanied with some assurance of greater educational efficiency, and with some assurance of local control in the case of the Voluntary Schools. The words of the English Bill, "Due regard being had to the efficiency of the school," were left out of this Bill, and no sort of condition was made as to the admission

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of some outside control. He believed that the Scottish Voluntary Schools, and especially the Catholic schools, would have been very willing to agree to some outside control in their management as a condition of this State aid. But the opportunity, which it was such a pity to miss had not been taken. For the reasons which he had given, he should certainly call "not content" when the Question was put to the House.
THE LORD CHANCELLORput the Question that the Bill be now Read a Second time.
LORD TWEEDMOUTHcalled "not content," but on the Lord Chancellor declaring that "the Contents had it," a Division was not challenged.
Bill Read a Second time, and committed to a Committee of the whole House To-morrow.

BURIALS JOINT COMMITTEE BILL.
LORD BELPER, in moving the Second Reading of this Bill, said that it referred to a number of cases in which Burial Boards had been constituted for areas which included several parishes. Although, under the Local Government Act of 1874 provision was made for these cases, there were a number of small matters with regard to their regulation which required to be made clear. One of these was that any expenses incurred in carrying out the purposes for which the Board was constituted should be determined by the County Council, in default of agreement among the various local authorities. Another point had reference to the consent which was necessary for the Board to receive before borrowing money. Under the ordinary law, the County Council and the Local Government Board were both empowered to give the authority. This Bill confined the power to the Local Government Board.
Read 2a (according to Order); Committee negatived: Then (Standing Orders No. XXXIX. and XLV. having been suspended) Bill Read 3a, and passed.

DANGEROUS PERFORMANCES BILL.
LORD BELPER, in moving the Second Reading of this Bill, explained that it proposed to amend the Dangerous Performances Act of 1879 by raising the age at which children could take part in those performances from 14 to 18 years in the case of females, and 16 years in the case of males, and instead of allowing proceedings to be instituted on the information of any informer, it was provided that the consent of the chief officer of police of the area in which the alleged offence was committed should be first obtained.
THE EARL OF KIMBERLEYthought there could be no objection to the Bill, because, while it made restrictions on a legitimate employment, it prevented malicious and annoying prosecutions on the part of faddists, of whom there was a large number in this country.
Read 2a (according to Order): Then (Standing Orders Nos, XXXIX. and XLV. having been suspended) Bill committed to a Committee of the whole House forthwith; Bill reported, without Amendment; Read 3a, and passed.

YORKSHIRE CORONERS BILL.
Read 2a (according to Order); Committee negatived: Then (Standing Orders Nos. XXXIX. and XLV. having been suspended) Bill Read 3a, and passed.
CONGESTED DISTRICTS (SCOTLAND) BILL.
Considered in Committee (according to Order); reported without amendment: Then (Standing Orders Nos. XXXIX. and XLV. having been suspended) Bill Read 3a, and passed.

METROPOLITAN WATER COMPANIES BILL.
Considered in Committee.
Clause 1,—

COMPLAINT MAY BE MADE TO RAILWAY AND CANAL COMMISSION.
(1.) Any water consumer or any local authority may complain to the Railway and Canal Commission that any of the metropolitan

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water companies have failed to perform some statutory duty of the company, and the Commission may hear and determine that complaint, and if satisfied of such failure order the company within the time limited by the Order to fulfil the duty, and may either impose any penalty for such failure which can be imposed under any other Act, or enforce such Order in like manner as any other Order of the Commission.
(2.) If at any time complaint as to the quantity or quality of the water supplied by any of the metropolitan water companies for domestic use is made to the Railway and Canal Commission, by any water consumer or local authority, the Commission may hear and determine such complaint, and if satisfied that the complaint is well founded, may order the company, within such reasonable time as is specified in the Order, to remove the ground of such complaint, and may enforce such Order in like manner as any other order of the Commission.
(3.) All enactments relating to the Railway and Canal Commission (except Section two of the Railway and Canal Traffic Act 1894, winch restricts the power to award costs) shall, with the necessary modifications, apply to the Railway and Canal Commission for the purpose of their jurisdiction under this Act
(4.) This Act shall be in addition to and not in substitution for any existing proceedings or remedy.
LORD JAMES OF HEREFORDmoved to amend Sub-section (2) by giving power to the Railway and Canal Commission to award damages to the complainant in case of any complaint by a water consumer or local authority as to the quantity or quality of the water supplied for domestic purposes.
Amendment agreed to.
LORD TWEEDMOUTHproposed to add the following new sub-section to Clause 1:—
"When in any quarter in which, owing to insufficiency of supply or pressure, fracture of mains, or any other cause than the default of the water consumer, water shall not have been supplied to any premises on every day in accordance with the law, the owner or occupier of such premises may complain to the Railway and Canal Commission that such deficiency of supply has occurred; and the Commission, if satisfied that the complaint is well founded, may order the company to repay to the water consumer the proportionate part of the quarter's water rate paid for the days on which the supply was insufficient."
This Amendment was moved in Committee on the Bill in the other House by Mr. Lionel Holland, and though it was defeated, it received a large amount of support. It was intended to remove one of the greatest grievances from which water consumers suffered—namely, that
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they should have to pay rates for water which had not been supplied to them.
LORD JAMES OF HEREFORDdid not think the sub-section necessary, as the Amendment which had just been made to the clause gave power to the Commission to award damages to consumers who had not received water.
THE EARL OF KIMBERLEYthought it was a somewhat absurd arrangement to provide that a consumer could recover damages; and at the same time have to pay rates for water he did not receive, and the non-receipt of which constituted his right to damages. He thought the Government should pluck up courage and put an end to the most monstrous and grievous injustice from which water consumers suffered—that of having to pay for water which they never received.
LORD JAMES OF HEREFORDsaid that the criticism of the noble Earl applied with greater force to the Amendment, which would give no power to the consumer to recover damages but only the rates which he had paid.
Amendment negatived.
Clause 6,—

SHORT TITLE AND COMMENCEMENT.
(1.) This Act may be cited as the Metropolis Water Act 1897.
(2.) This Act shall come into operation on the first day of November next after the passing thereof.
LORD JAMES OF HEREFORDsaid that the Bill as it stood was to come into operation on November 1. But as the question whether or not there was an adequate supply of water in East London was now being raised the Government thought the Bill should come into operation at once. He, therefore, begged to move to substitute "September 1"for" November 1."
Standing Orders Nos. XXXIX. and XLV. having been suspended, Amendments reported; Bill Read 3a with the Amendments, and passed, and returned to the Commons.

POST OFFICE AND TELEGRAPHS (FACILITIES AND PENSIONS) BILL.
Read 3a (according to Order), and passed.
METROPOLITAN POLICE (BORROWING POWERS) BILL.
Read 3a (according to Order), and passed.

FOREIGN PRISON-MADE GOODS BILL.
Considered in Committee.
Clause 1,—

PROHIBITION OF IMPORTATION OF FOREIGN PRISON-MADE GOODS.
There shall be added to the table of prohibitions and restrictions contained in Section forty-two of the Customs Consolidation Act 1876, the following, that is to say:
Goods proved to the satisfaction of the Commissioners of Customs by evidence tendered to them to have been made or produced wholly or in part in any foreign prison, gaol, house of correction, or penitentiary.
LORD BALFOUR LORD BALFOUR moved to add at the end of the clause the words—
"except goods in transit, or not imported for the purpose of trade, or of a description not manufactured in the United Kingdom."
They proposed to make these exceptions in consequence of a pledge given in the other House.
Amendment agreed to.
Standing Orders Nos. XXXIX. and XLV. having been suspended, Amendment reported; Bill Bead 3a, with the Amendment, and passed, and returned to the Commons.

STIPENDIARY MAGISTRATES' JURISDICTION (SCOTLAAD) BILL.
Considered in Committee; Bill reported without Amendment; to be Read 3a To-morrow.
LICENSING (SCOTLAND) ACTS AMENDMENT BILL.
Considered in Committee; Bill reported without Amendment; to be Read 3a To-morrow.

MILITARY MANŒUVRES BILL.
Considered in Committee.
THE EARL OF WEMYSSpointed out that parks were not mentioned in the
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Bill, and although the Bill provided that trees, such as ornamental timber, were not to be cut down, no mention of other trees was made.
THE MARQUESS OF LANSDOWNEsaid that parks were sufficiently protected by the provision which denied to the troops the use of any premises enclosed within the curtilages of or attached to any dwelling house, or any enclosed wood or plantation. With regard to trees it was quite true that picturesque or valuable timber or other natural features of exceptional interest or beauty were specially mentioned as requiring absolute protection from the troops, but timber of other sorts was also protected to this extent—that the troops were absolutely prohibited from entering enclosed woods and plantations, and that, outside of these, any injury which might be occasioned to trees or underwood would form the subject of compensation under Clause 6 of the Bill.
THE EARL OF WEMYSS: That is to say they might cut down the wood and then you would have to pay for it after.
THE MARQUESS OF LANSDOWNEsaid that woods and plantations were denied altogether to the troops, who had no permission to enter them.
Standing Orders Nos. XXXIX. and XLV. having been suspended, Bill Read 3a and passed.

DISTRICT COUNCIL (WATER SUPPLY FACILITIES) BILL.
Considered in Committee (according to Order); reported without Amendment; then, Standing Orders Nos. XXXIX. and XLV. having been suspended, Bill Read 3a, and passed.
WICKLOW HARBOUR (ADVANCES) BILL.
Considered in Committee (according to Order); reported without Amendment; then, Standing Orders Nos. XXXIX. and XLV. having been suspended, Bill Read 3a, and passed.
PUBLIC WORKS LOANS BILL.
Considered in Committee (according to Order); reported without Amendment; then, Standing Orders Nos. XXXIX. and XLV. having been suspended, Bill Read 3a, and passed.
ARCHDEACONRY OF LONDON (ADDITIONAL ENDOWMENTS) BILL.
Considered in Committee (according to Order); reported without Amendment; then, Standing Orders Nos. XXXIX. and XLV. having been suspended, Bill Read 3a, and passed.

EXPIRING LAWS CONTINUANCE BILL.
Considered in Committee (according to Order); reported without Amendment; then, Standing Orders Nos. XXXIX. and XLV. having been suspended, Bill Read 3a, and passed.
House adjourned at a Quarter past Seven o'Clock, till To-morrow, a Quarter past Four o'Clock.