Lords Sitting of 26 May 1908

Preamble
The Right Honourable EDMUND ROBERTSON having been created Baron Lochee of Gowrie in the county of Perth, was (in the usual manner) introduced.

THE LATE RIGHT HONOURABLE SIR HENRY CAMPBELL-BANNERMAN, G.C.B.
The King's Answer to the Address of Monday, the 18th instant, reported by the Lord Steward (E. Beauchamp) as follows:—
"I have received your Address praying that I will give directions that a monument be erected in the Collegiate Church of St. Peter, Westminster, to the memory of the late Right Honourable Sir Henry Campbell-Bannerman, with an inscription expressive of the high sense entertained by the House of Lords of the eminent services rendered by him to the country in Parliament, and in great Offices of State. I shall give directions in accordance with your Address."

PRIVATE BILL BUSINESS.
The LORD CHANCELLOR The LORD CHANCELLOR acquainted the House that the Clerk of the Parliaments had laid upon the Table the Certificate from the Examiners that the further Standing Orders applicable to the following Bill have been complied with: North-East London Railway.
Also the Certificate that the Standing Orders applicable to the following Bill have been complied with: Post Office Sites [H.L.].
The same were ordered to lie on the Table.
Draycott Gas Bill.—Reported from the Select Committee, with Amendments.
Stratford-upon-Avon, Towcester, and Midland Junction Railway, Evesham, Redditch, and Stratford-upon-Avon Junction Railway, and East and West Junction Railway (Amalgamation) Bill [H.L.]; Bristol Tramways Bill [H.L.]; Upton Town Hall Bill [H.L.]; South Wales Electrical Power Distribution Bill [H.L.]; Cambrian Railways Bill [H.L.]; Rochester
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Bridge Bill [H.L.].—Read 3a, and passed, and sent to the Commons.
Hull and Barnsley Railway Bill.—Read 3a, with the Amendments; and passed and returned to the Commons.
Wolverhampton Corporation Bill; Doncaster Corporation Bill.—Brought from the Commons, read 1a, and referred to the Examiners.
Argentine North Eastern Railway Bill [H.L.]; Camberwell and other Metropolitan Borough Councils (Superannuation) Bill [H.L.].—Returned from the Commons agreed to, with Amendments: The said Amendments considered and agreed to.
Rochdale Corporation Bill.—Returned from the Commons with the Amendments agreed to.
Hurly's Divorce Bill [H.L.].—Message from the Commons for Copy of the Minutes of Evidence taken before this House, together with the proceedings, and the documents deposited in the case. Ordered to be communicated, with the request that they may be returned.
Electric Lighting Provisional Orders (No. 1) Bill.—Brought from the Commons, read la; to be printed, and referred to the Examiners. (No. 79.)
Edinburgh Corporation (Tramways, etc.) Order Confirmation Bill.—Read 3a (according to order), and passed.

NEW BILL.
Assizes and Quarter Sessions Bill [H.L.].—A Bill to dispense with the attendance of Jurors at Assizes and Quarter Sessions, and with the holding of Assizes and Quarter Sessions in certain cases, was presented by the Lord Alverstone; read la, to be printed; and to be read 2a to-morrow. (No. 80.)
RETURNS, REPORTS, ETC.

  AFRICA No. 2. (1908).
  Further correspondence respecting the Independent State of the Congo (in

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  continuation of "Africa, No. 1. (1908)"); presented (by command), and ordered to lie on the Table.

  IMPORTATION OF PLUMAGE PROHIBITION BILL [H.L.]
  The evidence taken before the Select Committee from time to time to be printed, but no copies to be delivered out, except to members of the Committee and such other persons as the Committee shall think fit, until further order. (No. 78.)

  AGRICULTURAL HOLDINGS BILL [H.L.]
  Order of the Day for the House to be put into Committee, read.
  THE PRESIDENT OF THE BOARD OF AGRICULTURE AND FISHERIES (Earl CARRINGTON): My Lords, I have a somewhat lengthy list of Amendments to this Bill, but they are purely verbal. If it is desired that they should be taken seriatim I will adopt that course. As, however, they are purely verbal, it may be convenient that I should move them all together. Should any noble Lord desire information regarding them I should be very glad to give it; but if it is the pleasure of the House, I will move the Amendments en bloc when we get into Committee.
  Moved, "That the House do now resolve itself into the said Committee."—(Earl Carrington.)
  THE CHAIRMAN OF COMMITTEES (The Earl of ONSLOW): My Lords, before the House goes into Committee on this Bill I should like to express to the noble Earl my gratitude for his having courteously considered a number of suggestions that were put before him by the Central Land Association, of which I am chairman. We pointed out a number of matters in which we thought the Bill did not quite reproduce the existing law in the state in which it now is, and the noble Earl was good enough, in accordance with the promise he gave to your Lordships when the Bill was read a second time, to do his utmost—and I think he has completely satisfied us—to carry out that condition. There is only one matter to which I would wish to draw the attention of the
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  noble Earl—namely, Clause 42 of the Bill. That clause deals with the application of the Market Gardeners Compensation Act. The law as it at present stands makes provision that the application of the Act should continue only until the first day on which either the landlord or the tenant of such tenancy should close and determine the tenancy. Under the Bill, as amended, it seems to me that the landlord might be liable for claims for market gardeners' improvements, not only as at present made before the termination of the tenancy by tenants-under leases, but which might have been determined by a notice that would have expired on January 1st, 1896. I do not propose to move any Amendment at this stage, but I would ask the noble Earl to kindly look into that point, with the assistance of his legal advisers, and see whether the Bill as it stands does carry out exactly what is the existing state of the law. Subject to that I think your Lordships can very well adopt the Amendments standing in the name of the noble Earl.
  EARL CARRINGTON: I need hardly say I shall be pleased to do as the noble Earl wishes, and I will refer to the matter again on Report.
  On Question, Motion agreed to.
  House in Committee accordingly.
  [The Earl of ONSLOW in the Chair.]
  Verbal Amendments agreed to, and Bill reported with Amendments to the House; Standing Committee negatived.
  Report of Amendments to be received to-morrow; and Bill to be printed as amended.

SMALL HOLDINGS AND ALLOTMENTS BILL [H.L.]
Order of the day for the House to be put into Committee, read.
EARL CARRINGTON: My Lords, I would ask the House to extend to me the same indulgence in regard to the Amendments standing in my name to this Bill, all of which are of a verbal character, They have been carefully looked into, and I think I can honestly

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guarantee that no new matter is introduced by them.
Moved, "That the House do now resolve itself into the said Committee."—(Earl Carrington.)
On Question, Motion agreed to.
House in Committee accordingly.
[The Earl of ONSLOW in the Chair.]
Verbal Amendments agreed to, and Bill reported with Amendments to the House; Standing Committee negatived.
Report of Amendments to be received To-morrow, and Bill to be printed as amended.

CROFTERS' HOLDINGS (SCOTLAND) ACTS AMENDMENT BILL [H.L.]
Order of the Day for the House to be put into Committee, read.
LORD LOVAT: My Lords, in moving that the House resolve itself into Committee on this Bill I would ask your Lordships' permission to make a short statement upon the rather bulky list of Amendments standing in my name on the Paper. I think it will save the time of the House if I explain them now rather than as they are moved. Your Lordships will remember that before the Government Bill dealing with small holdings in Scotland came up, two Bills were introduced in your Lordships' House, one by Lord Camperdown, dealing with small holdings throughout Scotland, and one by myself, dealing with the Highland crofting area only. Owing to the uncertainty of the future of Lord Camperdown's Bill it would appear to be necessary to put some machinery into my Bill to deal with the question of new small holdings in the Highlands. I need not go into the question of the necessity of facilities being given for the further establishment of small holdings. The demand in certain parts of the Highlands for small holdings is well known. The Government Bill being now dead, there is a general feeling among those representing the Highland counties that an attempt
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should be made to secure for the crofting districts a portion of the money grant which the Government contemplated allocating for that purpose in their own Bill. In view of the possibility of that, the Amendments I now propose, in the first place, extend the jurisdiction of the Congested Districts Board to all crofting parishes. I need not point out the advantages which have accrued to congested areas through the efforts of the Congested Districts Board in the past. Although very much limited in funds they have been able to develop the fishery industry by securing increased access, and by the construction of roads, piers, and harbours, agriculture by means of imported stock, and education by means of experimental areas. It is proposed in the Amendments standing in my name besides extending their sphere of usefulness to give them additional powers to enable them to develop forestry and agricultural organisation and co-operation, and generally to increase the possibility of employment without which we think it is possible to place an increased number of people on the soil. If a money grant could be obtained, certain compulsory and voluntary clauses for the acquisition of land would be required, and they are included in my Amendments. The voluntary clauses give the Commissioners power to negotiate voluntarily with landlords in any crofting parish. They are based on the powers now possessed by the Congested Districts Board in dealing with the congested areas. The compulsory clauses for the acquisition of land for distribution to the crofting community are an adaptation of those in the English Act to the conditions prevailing in the Highlands. In the Highlands the central difficulty in the solution of the land question is undoubtedly the question of the rates. This is a matter of so much importance that it is essential that the body administering the rates should be chosen for administrative capability, and that county councils should not be returned solely on account of their attitude towards this question of land. This may not be a matter of importance in England, but in the Highlands, where the rates reach in cases 14s., and sometimes 20s., in the £ the question

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of administration may very easily be a most serious one. On this account it has been considered advisable to change the lessor from being the county council, as in the English Bill, to the Crofters Commission. The advantage of having the Crofters Commission as the lessor from the landlord is, in the first place, that a body of men are dealt with who have experience of land. In the next place, the settlement of the land would, under the Bill, be in the hands of the same body as was responsible for the expenditure of the additional grant of £35,000. I think for many reasons it is essential that the development and settlement should go hand in hand. Another advantage which will accrue from having a central body like the Crofters Commission to deal with this matter is that the situation will be viewed as a whole, land will be taken where congestion is most acute, and there will not be the danger of picking out the eyes of farms and discommoding a large number of tenants for the settlement of a few. The second change which is made in the English Act is that of substituting for the Board of Agriculture the Secretary for Scotland. As to the other Amendments, they do not affect the principle of the Bill; they are adaptations from the English Act to meet local circumstances and the various objections raised by the noble and learned Lord on the Woolsack in the earlier discussion. I do not know if the Bill as amended has any chance of being seriously considered by His Majesty's Government, but I would submit that on general lines it has two things in its favour. In the first place, it would appear on many points to meet the views expressed by the representatives of crofting counties in another place. In the second place, it meets in its amended form four of the main objections that the Lord Chancellor raised at the Second Reading debate. At that time the Lord Chancellor stated that the Bill contained no compulsory powers for the creation of new holdings. This even at the time was hardly a fair criticism, because it was clearly shown both by Lord Camperdown and myself that the two Peers' Bills on Scottish land were mutually dependent, and that the compulsory powers given by Lord Camperdown's Bill to the whole of
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Scotland applied also to the Highlands. By the present amendments even this criticism is removed. The second point that the Lord Chancellor brought out was the absence of powers for extension of holdings. These it will be seen are dealt with in Clause 8 and following clauses. The third criticism was on the subject of the confusion of judicial functions and administrative duties by amalgamating the Crofter Commission and the Congested Districts Board. I would here point out that the Crofter Commission's judicial functions are by the Bill taken over by the Secretary for Scotland and the independent valuator, and as regards their judicial duties on the fixing of "fair rent," these duties have already practically lapsed. On the fourth point—the rating of crofters for houses for summer visitors—the subject has come up from the small holders themselves. It also forms a part of the Bill introduced by the crofter Members.
Moved, "That the House do now resolve itself into the said Committee."—(Lord Lovat.)
On Question, Motion agreed to.
House in Committee accordingly.
[The Earl of ONSLOW in the Chair.]
Amendment moved—
"Before Clause 1, page 1, line 4, after the word 'follows' to insert, 'Part I.—Amendments of the Crofters' Acts.' "—(Lord Lovat.)
On Question, Amendment agreed to.
Clause 1:
Drafting Amendments agreed to.
Clause 1, as amended, agreed to.
Clause 2 to 8 agreed to.
LORD LOVAT LORD LOVAT moved the insertion of a new clause, dealing with the acquisition and disposal of land for enlargement of crofters' holdings.
Amendment moved—
"After Clause 8, to insert the following new clause: '(1) If the Crofters' Commission are unable to acquire by agreement, or by virtue of

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the provisions of the Act of 1886 relative to the enlargement of holdings, suitable land for the purpose of enlargement of crofters' holdings, they may acquire land compulsorily in accordance with the provisions of this Act relating to compulsory acquisition of land, subject always to the restrictions and limitations contained in subsections (1) and (5) of Section 13 of the Act of 1886; (2) where the Crofters' Commission propose to acquire land compulsorily for the purpose aforesaid, they shall submit any such proposal to the Secretary for Scotland. The proposal shall be in the prescribed form, and shall be published and advertised, together with notice of the time within and the manner in which objections are to be sent to the Secretary for Scotland in such manner as the Secretary for Scotland thinks best adapted for informing the persons affected and for insuring publicity; (3) the Secretary for Scotland after considering the objections (if any) may confirm the proposal either without modification or subject to such modifications as the Secretary for Scotland thinks fit, or may disallow the proposal; (4) land acquired compulsorily by the Crofters' Commission under this Act for the enlargement of crofters' holdings shall be assigned by the Commission in accordance with the provisions of the Act of 1886 relative to the enlargement of holdings.'"—(Lord Lovat.)
On Question, Amendment agreed to.
Clauses 9 to 11 agreed to.
LORD LOVAT LORD LOVAT moved the insertion of a new clause after Clause 11.
Amendment moved—
"After Clause 11, to insert the following new clause: '(1) In addition to the three members of the Crofters' Commission appointed in virtue of Section 17 of the Act of 1886, it shall be lawful for His Majesty to appoint as a commissioner a person skilled in forestry; (2) The Crofters' Commission shall take such steps as they think proper for the promotion and development of forestry and of agricultural organisation and co-operation in any crofting parish or parishes.'"—(Lord Lovat.)
On Question, Amendment agreed to.
Amendment moved—
"Before Clause 12, page 5, to insert, 'Part II.—Amendments of Congested Districts (Scotland) Act, 1897).'"—(Lord Lovat.)
On Question, Amendment agreed to.
Clauses 12 to 15 agreed to.
Amendment moved—
"After Clause 15, to insert the following new clauses, 'Part III.—Provision of New Holdings
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in Crofting Parishes. (1) With a view to facilitating the provision of new holdings for persons residing in any crofting parish, the Crofters' Commission shall ascertain the extent to which there is a demand for such holdings in any crofting parish or parishes, or would be a demand if suitable land were available, and the extent to which it is reasonably practicable, having regard to the provisions of this Act, to satisfy any such demand; (2) Where the Crofters' Commission are satisfied that there is a demand for new holdings and that suitable land exists, it shall be their duty to negotiate with the landlords of suitable land with a view to the constitution by agreement between such landlords and any persons as aforesaid of any one or more new holdings in respect of such land; (3) For the purpose of facilitating the constitution of new holdings as aforesaid, it shall be lawful for the Crofters' Commission to pay to the landlord or to any tenant of the land to be occupied by a new holder or new holders such compensation as may be agreed in respect of any loss or injury caused by the constitution of such holdings.
—(1) It shall be lawful for the Crofters' Commission to negotiate with the landlord or landlords of suitable land with a view to the provision by agreement of new holdings in respect of such land; (2) The Crofters' Commission may, for the purpose of providing new holdings for persons residing in any crofting parish or parishes who desire to buy or to lease and will themselves cultivate the holdings, purchase land, within the area specified in Section 19 of the Act of 1886, by agreement, or take land on lease; (3) If the Crofters' Commission are unable to acquire by agreement and on reasonable terms suitable land for the purpose aforesaid, they may acquire land compulsorily in accordance with the provisions of this Act relating to compulsory acquisition of land.
.—(1) Where the Crofters' Commission propose to acquire land compulsorily for new holdings, the Crofters' Commission shall prepare one or more draft schemes for the provision of such holdings.
(2) A draft scheme under this section may specify: (a) The parish or parishes in which land is to be acquired for new holdings; (b) The approximate quantity of land to be acquired, and the number, nature, and size of the new holdings to be provided; (c) Whether and to what extent grazing or other similar rights, to be defined in the scheme, should be attached to the new holdings created in pursuance of the scheme, and, if so, the approximate quantity of land or extent and nature of the rights to be acquired for the purpose; (d) The time within which the scheme or any part thereof is to be carried into effect; and the scheme may contain such incidental, consequential, or supplemental provisions (including provisions as to the subsequent variation of the scheme) as may appear necessary or proper for the purposes of the scheme.
.—(1) A copy of any draft scheme under this Act shall be sent to the Secretary for Scotland, and the draft scheme and any modifications therein which the Secretary for Scotland may

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propose to make shall be published and advertised, together with notice of the time within and the manner in which objections are to be sent to the Secretary for Scotland, in such manner as the Secretary for Scotland thinks best adapted for informing the persons affected and for insuring publicity; (2) The Secretary for Scotland shall consider the draft scheme and any objections thereto duly made, and may (?shall) cause a public local inquiry to be held at which the Crofters' Commission, any person interested in the land proposed to be acquired, and such other persons as the person holding the inquiry may in his discretion think fit to allow, shall be permitted to appear and be heard; (3) The Secretary for Scotland, after considering the objections and the report of the person holding the inquiry (if any), may settle and confirm the scheme either without modification or subject to such modifications as the Secretary for Scotland thinks fit, or may annul the scheme.
.—(1) Where with a view to or as incidental to the provision of any new holding or holdings, whether by agreement or otherwise, the Crofters' Commission are of opinion that assistance should be provided for the purpose of dividing, fencing, or otherwise preparing or adapting the land, making occupation roads or executing other works, such as works for the provision of drainage or water supply, or erecting or adapting a dwelling-house or dwelling-houses or other buildings, or for any similar purpose, the Crofters' Commission may provide such assistance by way of loan, or (except as regards dwelling-houses or other buildings) by way of gift, and subject to such conditions as they think fit, which conditions and the provisions for their enforcement, or for the case of their violation shall be as effectual as if they were contained in this Act; (2) Land acquired by the Crofters' Commission for the purpose of new holdings may be adapted as hereinafter provided for sale or letting, and sold or let for new holdings on such terms and subject to such conditions as the Crofters' Commission shall determine.
.—(1) The Crofters' Commission shall cause to be prepared and duly registered all deeds, writs, and instruments necessary for completing the title to the land disposed of by them, and for securing the payment of any loan over land made by them, and shall include in the grant or loan the cost so incurred, or to be incurred in accordance with scales set forth in tables fixed by the Commission; (2) The Commission, if they think fit, may from time to time appoint, at their pleasure, a person duly qualified to carry out the provisions of this section, and shall assign to him such salary or remuneration as they may determine.
Part IV.—General.—Financial Provisions.—In addition to the Congested Districts (Scotland) Fund constituted in virtue of the Congested Districts (Scotland) Act, 1897, there shall be placed at the disposal of the Crofters' Commission for the purposes hereinafter specified any sums not exceeding £35,000 annually voted by Parliament for the said purposes. The money placed at the disposal of the Crofters' Commission shall be applied: (a) For the purposes specified in the Con-
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gested Districts (Scotland) Act, 1897, as amended by this Act; and (b) for the purpose of facilitating the constitution of new holdings and of the enlargement of existing holdings, and of forestry and agricultural organisation and co-operation as hereinafter provided.
Acquisition of Land.—(1) Where the Crofters' Commission propose to purchase land compulsorily under this Act, the Crofters' Commission may, subject to the provisions of Part I. of the First Schedule to this Act, submit to the Secretary for Scotland an order putting in force as respects the land specified in the order the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement; (2) Where the Crofters' Commission propose to hire land compulsorily, the Crofters' Commission may submit to the Secretary for Scotland an order for the compulsory hiring of the land specified in the order for a period not less than fourteen nor more than thirty-five years, and the provisions of Part I. of the First Schedule to this Act shall apply to the order in like manner as it applies to an order for compulsory purchase, with the substitution of "hiring" for "purchase," and with the modifications set out in Part II. of that schedule; (3) An order under this section shall be of no force unless and until it is confirmed by the Secretary for Scotland, who may, subject to the provisions of the First Schedule to this Act, confirm the order either without modification or subject to such modifications as he thinks fit, and an order when so confirmed shall become final and have effect as if enacted in this Act; and the confirmation by the Secretary for Scotland shall be conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made and is within the powers of this Act; (4) An order under this section may provide for the continuance of any existing servitude or the creation of the new servitude over the land authorised to be acquired, and every such order shall, if so required by the owner of the land to be acquired, provide for the creation of such new servitudes as are reasonably necessary to secure the continued use and enjoyment by such owner and his tenants of all means of access, drainage, water supply, and other similar conveniences theretofore used or enjoyed by them over the land to be acquired: Provided that, notwithstanding anything contained in this subsection, no new servitude created by or in pursuance of such order over land hired by the Commission shall continue beyond the determination of such hiring; (5) In determining the amount of any disputed compensation under any such order, no additional allowance shall be made on account of the purchase or hiring being compulsory; (6) Where land authorised to be compulsorily hired by an order under this section is subject to a heritable security, any lease made in pursuance of the order by the creditor in possession shall have the like effect as if it were a lease authorised by Section 6 of the Heritable Securities (Scotland) Act, 1894.
.—(1) Where the Commission has hired land compulsorily for new holdings, the Commission may, by giving to the landlord not more than

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two years nor less than one year before the expiration of the tenancy notice in writing, renew the tenancy for such term, not being less than fourteen nor more than thirty-five years, as may be specified in the notice, and at such rent as, in default of agreement, may be determined by valuation by a valuer appointed by the Secretary for Scotland, but otherwise on the same terms and conditions as the original lease, and so from time to time. Provided that if on any such notice being given the landlord shall prove to the satisfaction of the Secretary for Scotland that any land included in the tenancy is required for the amenity or convenience of any dwelling-house, then such land shall be excluded from the renewed tenancy. (2) In assessing the rent to be paid under this section the valuer shall not take into account any increase in the value of the holding: (a) Due to improvements in respect of which the Commission would have been entitled to compensation, if instead of renewing the tenancy the Commission had quitted the land on the determination of the tenancy; or (b) due to any use to which the land might otherwise be put during the renewed term, being a use in respect of which the landlord is entitled to resume possession of the land under this Act; or (c) due to the establishment by the Commission of other new holdings in the neighbourhood; or any depreciation in the value of the land in respect of which the landlord would have been entitled to compensation if the Commission had so quitted the land as aforesaid.
.—(1) Any person having power to lease land for agricultural purposes for a limited term, whether subject to any consent or conditions or not, may, subject to the like consent and conditions (if any), lease land to the Commission for the purposes of new holdings for a term not exceeding thirty-five years, either with or without such right of renewal as is conferred by this Act in the case of land hired compulsorily for those purposes; (2) The like powers of leasing may be exercised, in the case of land belonging to the Crown, by the Commissioners of Woods, with the consent of the Treasury.
.—(1) No land shall be authorised by an order under this Act to be acquired compulsorily which at the date of the order is: (a) Land being garden ground only, appurtenant to a house; or (b) land within any burgh boundary; or (e) land being or forming part of any market garden; or (d) land being or forming part of any glebe, or any small holding under the Small Holdings Act, 1892, or any allotment under the Allotments Acts; or (e) land that is not either wholly agricultural or wholly pastoral or in part agricultural and as to the residue pastoral; or (f) land being woodland, or being or forming part of the home farm of any estate, or of any policy or park, or of any pleasure ground or other land required for the amenity, or convenience of any residence or farmsteading; or being permanent grass park held for the purposes of a business or calling not primarily agricultural or pastoral, including that of butcher, cattle-dealer, and the like, or being land used for drying or repairing fishing nets or (g) land held and used by a local authority for purposes of public recreation; or (h) land
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acquired whether compulsorily or by agreement for any undertaking of a public nature, under the authority of any Act of Parliament or any order having the force of an Act of Parliament; or (i) the site of an ancient monument or other object of archaeological interest. (2) The Commission in making, and the Secretary for Scotland in confirming, an order for the compulsory acquisition of land, shall avoid taking land unless there is a reasonable prospect of increasing the number of persons beneficially employed on the land and of maintaining the prosperity of the inhabitants generally of the district in which such land is situated, and shall have regard to the extent of land held or occupied in the locality by any owner or tenant, and to the convenience of other property belonging to or occupied by the same owner or tenant, and shall, so far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner or tenant, and for that purpose, where part only of a holding is taken, shall take into consideration the size and character of the existing agricultural buildings not proposed to be taken which were used in connection with the holding and the quantity and nature of the land available for occupation therewith, and shall also, so far as practicable, avoid displacing any considerable number of persons employed on or about the land. (3) No land shall be authorised by an order under this Act to be acquired compulsorily for the purposes of new holdings which is or forms part of: (a) a farm, the annual rent of which does not exceed one hundred pounds in money, occupied by a person who has no interest in any other farm; or (b) a farm occupied subject to a lease which was in force at Whitsunday nineteen hundred and eight, so long as the lease remains in force.
.—(1) The powers of the Commission to acquire land for new holdings shall, subject to the restrictions by this Act imposed, include power to acquire land for the purpose of attaching to new holdings provided by the Commission rights of grazing and other similar rights over the land so required. (2) Any rights created or acquired by the Commission under this section shall be attached to the new holdings in such manner and subject to such regulations as the Commission think expedient.
.—Where land has been hired by the Commission compulsorily under this Act, and the land or any part thereof at any time during the tenancy thereof by the Commission is shown to the satisfaction of the Secretary for Scotland to be required by the landlord to be used for building, planting, mining, or other industrial purposes, or for roads necessary therefor, it shall be lawful for the landlord to resume possession of the land or part thereof upon jiving to the Commission twelve months' previous notice in writing of his intention so to do; and, if a part only of the land is resumed the rent payable by the Commission shall as from the date of resumption be reduced by such sum as in default of agreement may be determined by valuation by a valuer appointed by the Secretary for Scotland.
.—(1) Where the Commission has let a new holding to any tenant, the tenant shall as

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against the Commission have the same rights with respect to compensation for the improvements mentioned in Paragraph (27) (i.) (ii.) (iii.) and (iv.) of the First Schedule to the Agricultural Holdings Act, 1900, as if it had been agreed in writing that the holding should be let as a market garden. Provided that the tenant shall not be entitled to compensation in respect of any such improvement if executed contrary to an express prohibition in writing by the Commission affecting either the whole or any part of the holding or allotment; but, if the tenant feels aggrieved by any such prohibition, he may appeal to the Secretary for Scotland, who may confirm, vary, or annul the prohibition, and the decision of the Secretary for Scotland shall be final. (2) Where land has been hired by the Commission for new holdings, the Commission shall (subject in the case of land hired by agreement to any agreement to the contrary) be entitled at the determination of the tenancy on quitting the land to compensation under the Agricultural Holdings (Scotland) Acts, 1883 to 1906, for any improvement mentioned in Paragraph (27) (i.) (ii.) (iii.) and (iv.) of the First Schedule to the Agricultural Holdings Act, 1900, and for any improvement mentioned in Part I. or Part II. of that schedule which was necessary or proper to adapt the land for new holdings, as if such improvements as aforesaid were improvements mentioned in Part III. of that schedule. Provided that, in the case of land hired compulsorily, the amount of the compensation payable to the Commission for those improvements shall be such sum as fairly represents the increase (if any) in the value to the landlord and his successors in title of the holding to those improvements.
Supplemental.—(1) It shall be lawful for the Secretary for Scotland, whenever necessary, to appoint a person to hold an inquiry in pursuance of this Act. The person so appointed shall have for the purpose aforesaid the same powers as the Local Government Board for Scotland and their inspectors respectively have for the purpose of an inquiry under the Public Health (Scotland) Act, 1897. (2) Notices of the inquiries shall be given and published in accordance with such general or special directions as the Secretary for Scotland may give.
.—(1) All questions which under this Act are referred to arbitration shall, unless otherwise expressly provided by this Act, be determined by a single arbiter in accordance with the Agricultural Holdings (Scotland) Act, 1883 to 1906. (2) The remuneration of an arbiter or valuer appointed under this Act shall be fixed by the Secretary for Scotland.
.—The 'Secretary for Scotland shall make an annual report to Parliament of his proceedings under this Act.'"—(Lord Lovat.)
On Question, Amendment agreed to.
Clause 16:
Amendment moved—
"In page 6, line 9, to leave out the words 'In this Act' and to insert, '(1) For the pur-
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poses of this Act the expression 'new holding' means an agricultural holding the annual rent of which does not exceed thirty pounds in money. (2) For the purposes of this Act: The expression 'prescribed' means prescribed by regulations made by the Secretary for Scotland; the expression "landlord" in relation to any land compulsorily hired by the Crofter's Commission means the person for the time being entitled to receive the rent of the land from the Crofters' Commission.'"—(Lord Lovat.)
On Question, Amendment agreed to.
Amendment moved—
"In page 6, line 19, after '1891,' to insert the following new subsection, '(3) Any Notice required by this Act to be served or given, may be sent by registered post.'"—(Lord Lovat.)
On Question, Amendment agreed to.
Clause 16, as amended, agreed to.
Clause 17:
Amendment moved—
"To leave out Clause 17."—(Lord Lovat.)
On Question, Amendment agreed to.
Clause 18:
Amendment moved—
"To leave out Clause 18."—(Lord Lovat.)
On Question, Amendment agreed to.
Clause 19:
Amendment moved—
"To leave out Clause 19."—(Lord Lovat.)
On Question. Amendment agreed to.
Amendment moved—
"In page 6 to insert the following,—'(1) This Act may be cited as the Crofting Parishes Act, 1908, and, so far as it relates to crofters' holdings, shall be construed with the Crofters' Acts, and may be cited with those Acts as the Crofters' Holdings (Scotland) Acts, 1886 to 1908; (2) this Act shall commence on 1st January, 1909; (3) this Act shall extend to Scotland only; (4) the enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.'"—(Lord Lovat.)
On Question, Amendment agreed to.
Amendment moved—
"In page 7, line 1, to leave out the word 'Schedule' and to insert the following, 'Schedules.—First Schedule.—Part I.—Provisions as to the Compulsory Acquisition of Land by the Crofters' Commission.—(1) The order shall be in the prescribed form, and shall contain such provisions as the Secretary for Scotland may prescribe for the purpose of carrying the order into effect, and of protecting the Commission and the persons interested in the land, and shall incorporate, subject to the necessary adaptations, the Lands Clauses Acts and Section 6 and Sections 70 and 78 of the Railways Clauses Consolidation (Scotland) Act, 1845, but subject to this modification, that any question of disputed compensation shall be determined by a single arbiter appointed by the Secretary for Scotland, who shall be deemed to be an arbiter within the meaning of the Lands Clauses Acts, and the provisions of those Acts with respect to arbitration shall, subject to the provisions of this schedule, apply accordingly; (2) the order shall be published by the Commission in the prescribed manner, and such notice shall be given both in the locality in which the land is proposed to be acquired and to the owners, lessees, and occupiers of that land as may be prescribed; (3) if within the prescribed period no objection to the order has been presented to the Secretary for Scotland by a person interested in the land, or if every such objection has been withdrawn, the Secretary for Scotland shall, without further inquiry, confirm the order, but if such an objection has been presented and has not been withdrawn the Secretary for Scotland shall forthwith cause a public inquiry to be held in the locality in which the land is proposed to be acquired, and the Commission and all persons interested in the land and such other persons as the person holding the inquiry in his discretion thinks fit to allow shall be permitted to appear and be heard at the inquiry; (4) Before confirming the order the Secretary for Scotland shall consider the report of the person who held the inquiry, and all objections made thereat; (5) the arbiter shall, so far as practicable, in assessing compensation act on his own knowledge and experience, but, subject as aforesaid, at any inquiry or arbitration held under this schedule the person holding the inquiry or arbitration shall hear, by themselves or their agents, any authorities or parties authorised by or under this Act to appear, and shall hear witnesses, but shall not, except in such eases as the Secretary for Scotland otherwise direct, hear counsel or professional expert witnesses; (6) the Secretary for Scotland may, with the concurrence of the Lord President of the Court of Session, make rules fixing a scale of costs to be applicable on an arbitration under this schedule, and an arbiter under this schedule may, notwithstanding anything in the Lands Clauses Acts, determine the amount of costs, and shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any-other costs which he considers to have been caused or incurred unnecessarily; (7) in construing, for the purposes of this schedule or any order made thereunder, and enactment
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incorporated with the order, this Act, together with the order, shall be deemed to be the special Act, and the Commission shall be deemed to be the promoters of the undertaking
Part II.—Provisions as to the Compulsory Hiring of Land by the Crofters' Commission.—(1) The Secretary for Scotland shall make regulations for the purpose of carrying the order into effect and of protecting the Commission and the persons interested in the land and the order shall incorporate such regulations, together with such provisions of the Lands Clauses Acts and of Section 6 and of Sections 70 to 78 of the Railways Clauses Consolidation (Scotland) Act, 1845, as may, subject to the prescribed adaptations, appear to the Secretary for Scotland necessary or expedient for that purpose. (2) The order authorising the land to be hired compulsorily shall determine the terms and conditions of the hiring other than the rent, and in particular: (a) Shall provide for the insertion in the lease of agreements by the Commission to cultivate the land in a proper manner and to pay to the landlord at the determination of the tenancy, on the Commission quiting the land, compensation for any depreciation of the land by reason of any failure by the Commission or any person deriving title under them, to observe such agreements or by reason of any user of the land by the Commission or such person as aforesaid, and (unless otherwise agreed) to keep the buildings and premises leased in repair; and (b) shall not authorise the breaking up of pasture unless the Secretary for Scotland is satisfied that it can be so broken up without depreciating the value of the land, or that the circumstances are such that small holdings cannot otherwise be successfully cultivated; and (c) shall not except with the consent of the landlord confer on the Commission any right to fell or cut timber or trees or any right to take, sell, or carry away any minerals, gravel, sand, or clay, except so far as may be necessary or convenient for the purpose of erecting buildings on the land or otherwise adapting the land for small holdings or allotments, and except upon payment of compensation for minerals, gravel, sand, or clay so used. (3) The determination of:(a) The amount of the rent to be paid by the Commission for the land compulsorily hired; (b) The amount of any other compensation to be paid by the Commission to any person entitled thereto in respect of the land or any interest therein, or in respect of improvements executed on the land or otherwise; and (c) Where part only of a holding held for an unexpired term is hired, the deduction to be made from the rent paid for the holding during the remainder of that term; shall in default of agreement be by valuation by a single valuer appointed by the Secretary for Scotland: Provided that if the land hired is in the occupation of a tenant he may by notice in writing served on the Commission before the determination of his tenancy require that any claim by him against the Commission which, under the Agricultural Holdings (Scotland) Acts, 1883 to 1906, might be referred to arbitration under those Acts shall be so referred, and in such case those claims shall be determined by arbitration under those Acts and not by valuation under this Act. (4) The

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valuer, in fixing the rent to be paid for the land compulsorily hired, shall take into consideration the rent (if any) at which the subjects have been let and the annual value at which the subjects are entered in the Valuation Roll, the profits derived from the existing use and occupation of the subjects, the loss (if any) caused to the owner by severance, the terms and conditions of the hiring, and all the other circumstances connected with the land, but shall not make any allowance in respect of any use to which the land compulsorily hired might otherwise be put by the owner during the term of hiring, being a use in respect of which the owner is entitled to resume possession of the land under this Act. (5) Any compensation awarded to a tenant in respect of any depreciation of the value to him of the residue of his holding caused by the withdrawal from the holding of the land compulsorily hired shall, as far as possible, be provided for by taking such compensation into account in fixing the deduction to be made from the rent paid for the holding during the remainder of the term for which it is held by the tenant. (6) Any person interested in any valuation shall give the valuer all such assistance, information, and explanations as he may require, and shall produce to the valuer, or give him access to, all such books, accounts, vouchers, and other documents relating to the land to be compulsorily hired as he may reasonably require for the purposes of valuation, and such expenses as the valuer certifies to have been properly incurred by any person in furnishing such assistance, information, and explanations, or otherwise in relation to the valuation, shall be paid by the Commission. (7) On the determination of any tenancy created by compulsory hiring any questions as to the amount due by the Commission for depreciation, shall in default of agreement be determined by arbitration.'"—(Lord Lovat.)
On Question. Amendment agreed to.
Consequential Amendment agreed to.
Title amended, and Bill reported, with Amendments, to the House,
Bill re-committed to the Standing Committee, and to be printed as amended.

REGISTRATION BILL [H.L.]
  PROSECUTION OF OFFENCES (AMENDMENT) BILL.
  House in Committee (according to order): Bills reported without Amendment; Standing Committees negatived; and Bills to be read 3a To-morrow.

  INFANTRY OFFICERS' CHARGERS.
  LORD ROSMEAD: My Lords, I rise to ask the Under-Secretary of State for War whether His Majesty's Government
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  will take into consideration the advisability of amending the present regulations with regard to forage as they apply to mounted officers of Infantry, so that an Infantry mounted officer may be enabled to draw forage for a horse his own property, provided such horse comes within the qualifications of an Infantry officer's charger, instead of procuring or hiring a horse from the Government Remount Establishment, as is the case at present. I do not wish to detract from the advantage it has been to mounted officers of all branches of the service to obtain horses from the Remount Establishment, such horses being used for general purposes on payment of so much per annum; but I ask His Majesty's Government to go one step further and allow mounted officers who have horses of their own to draw forage for those horses instead of having to procure or hire horses, as at present, from the Remount Establishment. A mounted officer in an Infantry Battalion may be in possession of a horse which is easy to get on and off, quiet under fire, and in every way qualified as a charger. Yet, according to the regulations, this officer is not allowed to draw forage for his horse, but has to obtain one from the Remount Establishment. I also understand that the horses provided by the Remount Establishment do not always give satisfaction. In the first place, a horse may not be up to the weight of the officer for whom it is provided; in the second place, the horses are not always fully broken in. This is a very small matter, and one which would involve little, if any, expense to the public. I therefore trust that I shall receive a satisfactory answer from the Under-Secretary.
  THE UNDER-SECRETARY OF STATE FOR WAR (Lord LUCAS): My Lords, there is a Committee now sitting discussing questions concerning the supply of infantry officers' charges, and the particular point which the noble Lord has brought forward is at this moment before the Committee.

THE TERRITORIAL FORCES.
THE EARL OF ALBEMARLE: My Lords, I rise to call the attention of the

913
Under-Secretary for War to: (1) The inadequacy of the provision for travelling allowance in respect of officers of the Territorial Forces, and of the remuneration of medical officers for examining soldiers for physical fitness; (2) the advisability of making arrangements for a full and complete signalling plant for each unit; and (3) the impossibility of providing in future local or detachment bands which will affect recruiting in the Territorial Army. I do not claim that these are matters of very great public interest, but still they affect individuals and units in the Territorial Army, and therefore it is in the public interest that these matters should be brought before your Lordships. I hope I may get some satisfactory statement on each of these questions from Lord Lucas, to whom I have already privately written. The first question deals with the travelling allowance of officers of the Territorial Force to and from camp. According to the present regulation it would appear as though these officers are to travel third-class; but that would be contrary to the rule that all officers are to travel first-class. The next question is that of the remuneration of medical officers for examining soldiers as to their physical fitness to serve. At present medical officers are only allowed 1s. a head for examining recruits, and they feel it is somewhat an indignity to them, because they would far sooner examine the recruits for nothing than give their time for 1s. If His Majesty's Government could see their way to make the performance of this duty more palatable it would be a good thing in the interests of the Service. The next point has reference to the question of signalling plant. I am sure everyone wishes to make the Territorial Army a success, but no unit, I imagine, can be considered complete without signalling plant. I know that this runs into money. I believe a proper plant would cost some £200 or £300; the grant is not big enough at present to enable the County Associations to provide all their units with complete signalling plants, and I am sure your Lordships will consider that a unit is not complete if it does not possess
914
everything required for an emergency. My last point may raise a smile—it is that of local or detachment bands. All Infantry units in the past have had local bands. I admit that perhaps the music produced has not always been what your Lordships would enjoy, but these bands do affect recruiting. Volunteers have been accustomed to a band, and from long experience I know that a band is far better than a recruiting sergeant. I apologise for taking up the time of the House on these apparently small matters, but they constantly crop up before the Territorial Associations and considerably add to the difficulties.
LORD LUCAS: My Lords, with regard to the question of travelling allowance, a penny a mile is the all-round rate paid to the County Associations, but officers are entitled to travel first-class. When the County Associations are sending considerable bodies of men to camp they will get cheap excursion rates, and the saving thus made will enable the Associations to pay first-class fares for the officers. The allowance has been worked out on what has been paid by Volunteer regiments in the past. As to the payment of doctors for examining recruits, in the past many medical officers have shown great public spirit in this matter and examined recruits free. We are greatly indebted to them for it, and it is hoped that many of them will continue to do so. I think we may fairly reckon on a certain number of units getting their recruits passed free as in the past, but where a recruit has to go to a doctor who does not belong to the Territorial Force, the charge will probably be more than the 1s. The usual fee is, I believe, 2s. 6d. and the saving made in respect of recruits examined free will enable this to be paid.
THE EARL OF ALBEMARLE: I would point out that to examine a recruit properly takes at least a quarter of an hour. I knew of a case where 150 recruits were examined at the rate of three minutes a head. That is not doing the work properly. Efficient examination takes from ten minutes to

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a quarter of an hour per man, and I think it is hardly fair to expect a surgeon to give up so much of his time for nothing.
LORD LUCAS: The next Question put to me had reference to signalling plant. The increase of the administration grant under the new financial arrangement ought to provide money enough to go a considerable way towards maintaining these signalling plants. It is, however under consideration at the present time as to whether an initial issue of signalling plant should be made to battalions to start them off where they have not got the full amount of signalling plant. But the ordinary annual grants to the Associations should be quite sufficient to maintain the signalling plants of units which already have them. The question of bands was considered when the administration grant was calculated, and a certain amount was allowed for bands. The administration grant is paid over to the County Associations, and it is for them to decide in each case how much of that money they will spend upon bands. If they consider that detachment bands are good things to have they will be able to spend their money upon them. So long as the expenditure of an Association does not exceed the total grant the financial authorities at the War Office will raise no objection. It is a matter which must rest with the County Association, which, in the opinion of the Army Council, is the best authority to decide as to how far detachment bands and things of that sort are a necessity.

BUCKIE BURGH AND BUCKIE (CLUNY) HARBOUR ORDER CONFIRMATION BILL [H.L.]
A Bill to confirm a Provisional Order relating to Buckie Burgh and Buckie (Cluny) Harbour—Was presented by the Lord Hers hell; (pursuant to the Private Legislation Procedure (Scotland) Act, 1899, Sections 8 and 9); read la, and to be printed. (No. 84.)
House adjourned at twenty minutes past Five o'clock, till To-morrow, a quarter past Four o'clock.