in the foreshore having been transferred the habit of working, in order that they from the Office of Woods to the Board of might clean the beds, and protect themTrade, they were enabled to grant leases selves from wasteful methods of fishing. of sea bed to companies or individuals for Nor would it be right to give any person this purpose, for not more than sixty years. or company more ground than they could When an application was made they re- profitably cultivate, as this would be quired, in the first place, accurate and checking that competition they desired to precise information as to the area of the promote. Nor could they delegate their proposed fishery, the existing condition of authority to others, and allow companies the ground, the capital proposed to be ex- to appropriate ground for the purpose of pended upon it, and other particulars of a subletting or granting licences to others to similar character. Should a primâ facie work it. One or other of the objections case be established, a draft Order was he had stated proved fatal to many applitransmitted to the Board of Trade by the cations. The two cases in which Orders promoters, which was to be made as public had been granted appeared to be free from as possible in the locality, by advertise- such defects. Others were still under ment and in other ways, for the space of a consideration, and which he hoped might month, during which time objections were be granted. The charge for obtaining received. At the conclusion of the month these Orders, as far as the Board of Trade a local inquiry was held, by means of an was concerned, was very moderate, conInspector, and on his report the Order was sisting of a little more than the travelling either granted or refused. He would enu- expenses of the Inspector, hire of a room merate the classes of concessions which for the inquiry, and such like. A deposit seemed to the Board to fall within the of £50 was required to meet these charges, scope and intention of the Act. They were and in the two cases in which Orders had -first, appropriations of moderate areas of been granted a considerable portion of this unproductive sea bed or foreshore for the would be returned. Where there was establishment of new fisheries. By "un- much opposition, and solicitors and counsel productive" was not, of course, meant un- employed, other expenses, and probably favourable for the breeding or fattening of heavy ones, were incurred; but with this oysters, but ground which required stocking, they had nothing to do, and over it they and perhaps some artificial improvement. had no control. With these few words of With respect to these there could be no explanation he asked leave to introduce doubt. No one was injured by the appropria- the Bill. tion, and whoever made oysters grow where none grew before was entitled to the fruit of his labours. Secondly, the appropriation of small areas of productive ground in the vicinity of public beds. In this case there was more difficulty, because the rights of the public must be respected, although it would probably be conducive to the increased supply of oysters that the whole public bed should have the advantage of greater care and better management. They, however, considered that they were only justified in giving exclusive rights over such small portions of ground, that the public rights might not be curtailed in any appreciable degree. The third case they should entertain would be an application from an owner of an existing fishery for more complete powers under the Act to protect himself from depredation. It was clear, therefore, that it would not be fair to appropriate large areas of public productive ground, upon which bodies of fishermen gained their livelihood, though it might be an advantage to give those fishermen a quasi property in the grounds they had been in VOL. CXC. [THIRD SERIES.] Motion agreed to. Bill to confirm certain Orders made by the Bill presented, and read the first time. [Bill 54]. LEAVE. FIRST READING. 2 T proposed that these local registers shall be abolished, compensation being given to holders of offices, and that there shall be one system of registration, which would tend to facilitate the searching for incumbrances, by making it necessary to search only in one register instead of two; and it will conduce to economy, because when the registration is concentrated in Edinburgh, the fees of the local registers will be saved, and, by concentration of management, the Government will be able to reduce the fees to be paid by proprietors who wish their deeds registered. This reduction of fees will be on a graduated scale, having reference to the value of property to which the deeds relate. The Bill was founded to some extent upon the recommendation of the Commission appointed in 1861 by the right hon. Member for Morpeth (Sir George Grey) then a Secretary of State. The Commission reported favourably of the proposed amalgamation of the registers, and a Bill was brought in in 1866 to give effect to the recommendation. That Bill was sent to a Select Committee, who approved of it, with certain modifications; but the Bill was not passed then, as it was near the end of the Session. In the last Session the Bill was reintroduced; but owing to the House being otherwise so much occupied, it was not carried. Therefore, I now move for leave to re-introduce the measure, and shall only mention that it contains a provision by which the printed abridgement of the registers for 1781 to the present time will be transmitted, not only to the different districts where the local registers were formerly kept, but also to each county; and law agents will be able to make searches for themselves, if they trust to these, instead of going to the General Registry in Edinburgh. Motion agreed to. Bill to improve the system of Registration of Writs relating to Heritable Property in Scotland, ordered to be brought in by The LORD ADVOCATE, Mr. Secretary GATHORNE HARDY, and Mr. WAL POLE. Bill presented, and read the first time. [Bill 56.] TITLES TO LAND CONSOLIDATION LEAVE. FIRST READING. THE LORD ADVOCATE moved for leave to bring in a Bill to consolidate the Statutes relating to the constitution and completion of Titles to Heritable Property in Scotland; and to make certain changes in the Law of Scotland relating to Herit able Rights. The hon. Gentleman said, several statutes were passed, beginning in 1845, when Lord Colonsay was Lord Advocate, for the purpose of simplifying the forms of titles to heritable property. Those statutes were founded upon the recommendation of the Royal Commissioners made in 1838. The statutes of 1845 were followed by statutes brought into the House by Lord Rutherford, when Lord Advocate; and there was a subsequent statute introduced by the hon. and learned Member for Edinburgh (Mr. Moncreiff). There were thus several progressive steps taken in the course of simplifying the law. The statutes are eleven in number, and it cost law agents much trouble to consult them, as they were the results of progressive legislation. One of the principal objects of the present Bill is to consolidate in one statute all the provisions contained in these statutes. There are also some changes proposed to be made in reference to the law of heritable rights in Scotland. In the first place, it is proposed that testamentary deeds shall no longer require the use of technical terms; it being at present necessary, in the disposal of real property, to use the word "dispone," although millions of personal property may be conveyed without the use of the word. We want to enable the Courts to interpret the meaning of the testators, without the necessity of technical terms being used. It is also proposed to make monies lent on heritable security no longer heritable or real, but personal property, as in the case of money lent on mortgage in England. There is also a provision to abolish right of what is called "heirship moveables." The last provision to which I would refer is that in which perhaps the hon. Member for Westminister (Mr. Stuart Mill) will feel some interest-I mean that which will enable females to subscribe as witnesses to the subscription of deeds, which is now a Somewhat doubtful question according to the law of Scotland. Motion agreed to. Bill to consolidate the Statutes relating to the constitution and completion of Titles to Heritable Property in Scotland; and to make certain changes in the Law of Scotland relating to Heritable Rights, ordered to be brought in by The LORD ADVOCATE, Mr. Secretary GATHORNE HARDY, and Sir GRAHAM MONTGOMERY. Bill presented, and read the first time. [Bill 57.] ECCLESIASTICAL BUILDINGS AND LEAVE. FIRST READING. HOUSE OF LORDS, Tuesday, March 10, 1868. * Third Reading-Public Departments (Extra Receipts) (25); Registration of Writs (Scotland) (15), and passed. Their Lordships met; and having gone through the business on the Paper, without debate House adjourned at a quarter past Five o'clock, to Thursday next, half past Ten o'clock. HOUSE OF COMMONS, Tuesday, March 10, 1868. THE LORD ADVOCATE: I now rise, Sir, to ask leave to introduce a Bill to amend the procedure in regard to Ecclesiastical Buildings and Glebes in Scotland. I have been requested to bring in a measure on this subject by hon. Members on both sides of the House. It has reference to ecclesiastical buildings and glebes in Scotland; and I may explain shortly that at present the clergymen of a district called a Presbytery, are the authorities who determine judicially, at least in the first instance, with respect to ecclesiastical buildings and glebes. They hold the somewhat inconsistent position of being to a great extent at the same time litigants and judges. Their decision is subject to the review of the Court of Session, and they are brought to the Court of Session as parties or litigants after having acted as judges, and they are often subjected to considerable loss. Now, this has been found a very inconvenient system, by the proprietors affected by the decision of the Presby. tery, and also by the Presbyters themselves. I believe it is a very general feeling on the part of the Church that this is a very inconvenient system, and I have been asked to bring in a Bill on the subject. By the Bill which I now ask leave to introduce I propose that in case a dispute arises between a Presbytery and the proprietors, instead of having the Presbytery as judges, the case should go to the LORD ROBERT MONTAGU replied, Sheriff of the county, who shall give judg- that the Government, as at present adment in the case. This will result in pre-vised, did not contemplate bringing forventing any irritation between the clergymen and the proprietors, and at the same time afford a cheap and expeditious mode of settling any dispute. Motion agreed to. MINUTES.]-SELECT COMMITTEE-On Coventry Election appointed; on Poor Rates Assessment appointed; on Malt Tax appointed; on House of Commons (Arrangements), Mr. John Bright discharged and Mr. Waldegrave-Leslie added; Metropolitan Foreign Cattle Market, Mr. Freshfield and Mr. Moffatt added. CONTAGIOUS DISEASES.-QUESTION. MR. WALDEGRAVE-LESLIE said, he wished to ask the Vice President of the Council, Whether the Government contemplate bringing forward any Measure to render more compulsory the isolation of persons infected with smallpox, scarlet fever, &c.? ward any measure to render more compulsory the isolation of persons infected with smallpox, scarlet fever, &c. Article 38 of the Sanitary Act, 1866, provided against certain dangers to the public from persons with contagious diseases, and imposed a penalty on any person exposing himself when so affected. The policy of that Act was to place the power in the hands of the local authority. The hon. Member Bill presented, and read the first time. [Bill 58.] appeared to desire to take the power out Bill to amend the procedure in regard to Ecclesiastical Buildings and Glebes in Scotland, ordered to be brought in by The LORD ADVOCATE, Mr. Secretary GATHORNE HARDY, and Sir GRAHAM MONTGOMERY. of the hands of the local authority and to give it to the central authority. A central government, however, could not work such a provision, for it meant, if it meant anything, that the Government should place every infected person in strict durance for at least two months, until all danger of infection had passed away. The Vaccination Act of last year was resisted because 2 T 2 it was compulsory; but that was nothing, Act of 1866, but under that of 1867, and to such a proposal as this. SCOTLAND AGRICULTURAL LABOURERS' DWELLINGS.-QUESTION. MR. FORDYCE said, he wished to ask the Lord Advocate, Whether, in consequence of the great deficiency of house accommodation for Agricultural Labourers in Scotland, he will consider the expediency of extending "The Labouring Classes Dwellings Act, 1866," to entailed properties, and grant facilities for obtaining permanent building feus on such properties? THE LORD ADVOCATE said, in reply, that it did not appear to him to be necessary to consider the expediency of extending the Labouring Classes Dwellings Act to entailed properties, because in 1860 an Act was passed to facilitate the building of houses for farm servants and artizans upon such properties. But, with reference to the latter part of the Question of the hon. Gentleman, whether he (the Lord Advocate) would grant facilities for obtaining permanent building feus, referring doubtless to the diminution of expenses in connection therewith, he had to reply that it was under his consideration whether something might not be done to effect that object. CATTLE PLAGUE REPORTS.-QUESTION. MR. EVANS said, he wished to ask the Vice President of the Committee of Council on Education, Why, having, on the 13th of May, 1867, declined to state to the House the contents of the Report made by Professor Simonds by order of the Privy Council upon a case of Cattle Plague alleged to have occurred at Burnaston, in the county of Derby, he read to the House on the 29th of November last the Report of the same gentleman upon a similar case in Berwickshire? LORD ROBERT MONTAGU said, in reply, that on the 13th of May, 1867, he stated fully the ground of his refusal to produce the Confidential Report of Professor Simonds. It was because a rule had been made by the Privy Council that such Reports should not be made public. The reason of that rule was that, under the Act of 1866, it might give rise to litiga tion in every case where the Confidential Report differed from the certificate of the local Inspector. On the 29th of November, however, they were no longer under the the doubt no longer remained. The Privy Council, therefore, rescinded the aforesaid rule. Moreover, the case of Langrigg, in Berwickshire, was widely different. Cattle plague had entirely disappeared from the country. If the Privy Council had permitted the place to have been accounted "infected," it would have followed that the cattle plague had been again introduced into the country, and a very reasonable panic would have been spread, which the Privy Council deemed it very desirable to allay. STATE OF IRELAND. MOTION FOR A COMMITTEE. MR. MAGUIRE said: Mr. Speaker, I should indeed be sadly insensible alike to the immense importance of the subject I am about to introduce, and to the dignity of this assembly, if I did not respectfully and earnestly claim the liberal indulgence of the House while I attempt, however inadequately, to discharge that duty. Owing to the prominent position which the Motion has assumed, I have been more than once half tempted to shrink from the task I have undertaken; but, Sir, the occasion is too solemn, and the crisis too grave, to admit of mere personal considerations. I placed my Notice on the Paper at the close of the short Sitting in November, and I did so for these reasons: in the first place, because during that Sitting there was no authoritative statement, proposal, or even declaration of opinion, having reference to the affairs of Ireland, its hopes and expectations, its present or its future; and that, in the second place, I was determined, so far as in me lay, to challenge, by open and advised speaking on my part, the Statesmen and party Leaders of this House, and the representatives of the English people, to a full and free discussion of that which, above and beyond all others, has become the question of the day-that question which, in the solemn words of my hon. Friend the Member for Westminster, in the opening of his noble appeal in behalf of the Irish people, rises at least once in every generation, "to perplex the councils and trouble the conscience of the British nation." In doing this much, I trust I have not overstepped the duty of a private and independent Member, who for many years has had a seat in this House. Surely, Sir, the time has come when we should deal with this Irish question, not in a party The any spirit, which I deprecate-not in a secta- | the look-out for suspicious craft. rian spirit, which I abhor-but in a broad, Government gaols are filled with political comprehensive, and generous spirit a prisoners-indeed, almost the only prisonspirit at once wise and patriotic. The ers in the country, thanks to the wonderful state of things in Ireland is calculated to absence of crime; for were it not for the inspire any commonly thoughtful man Fenians, who have been a godsend to the with feelings not merely of anxiety, but lawyers, whatever they have been to the of foreboding and alarm. Ireland presents Government, the Irish Bench would ere at this moment - sixty-eight years after this have been sacrificed to the merciless the passing of the Act of Union the pruning knife of Financial Reform. Trials aspect of a country on the eve of a great at Commissions, trials at assizes, trials at struggle, rather than an integral portion quarter sessions, investigations in jails, of the heart of an Empire in a state of domiciliary visits, ransackings of houses, profound peace, and having friendly rela- and even streets, in search of arms or tions with all the nations of Europe. It is documents-denote the dangerous political occupied by a powerful and well-equipped agitation to which the country is a prey. army, such as one might expect to see Then, to crown all, public liberty is dead, maintained in Poland under Russian rule, personal inviolability at an end; for now or such as the Sublime Porte would dis- in Ireland in this integral portion of patch to a revolted province of European the United Kingdom - in this part of Turkey. Its cities and towns are strongly an Empire at peace with Europe garrisoned, its barracks are filled to their man-any poor man may be arrested uttermost capacity of accommodation, and on the whisper of a spy, the oath of a squadrons of cavalry and detachments of practised perjurer, the suspicion of an infantry are quartered in districts which ignorant policeman, or the folly or the for many years had never beheld the face fussiness of a foolish or a scared official. of a British soldier. Besides this powerful The expression of an independent opinion and thoroughly equipped army, you have exposes him who utters it to the immein Ireland what you may term a supple- diate attention of the authorities, while mental army-13,000 of the finest gens- the proclamation of a national sentiment d'armerie to be found in any country or is a clear proof of Fenian sympathies. To under any flag. Under ordinary circum- object to unnecessary "remands," secret stances such as I hope to witness again investigations, or crushing prison disciin Ireland - the duties of these 13,000 pline, is an unpardonable offence—at least men would be of a purely civil character, with the hyper-loyal-in a country whose while their most daring achievement constitutional liberty is on a par with that would not go beyond the maintenance of enjoyed by the subjects of the Emperor peace at a contested election, the suppres- of Morocco or the King of Abyssinia. To sion of a street riot, or the stopping of a illustrate the notion formed by those to faction fight at a country fair; yet these whom is left the practical administration 13.000 Royal Irish Constabulary are of the law in the streets of an Irish city, drilled and disciplined like ordinary troops, I may mention that at the late Limerick and are supplied with the most effective Assizes, terminated but a few days since, and deadliest weapons known to modern the presiding Judge (Mr. Justice O'Hagan) military science. Their barracks, hitherto greatly surprised, indeed intensely dismere stations, are being converted into so gusted, a member of the Royal Irish Conmany fortresses, with stanchions, iron stabulary by informing him that, even shutters and iron doors, and loop-holed though a man did hesitate to give his masonry-so constructed or strengthened name, a policeman was not permitted, as as to resist anticipated attack—so many a preliminary to further proceedings, to village fortresses, to awe the disaffected, seize him at once by the throat. I now and inspire the timid with confidence. come to the material condition of the Formidable fleets occasionally lie in Cork country whose constitutional freedom is harbour-a harbour deserted in times of practically at an end. The material contranquillity round which armed boats dition of Ireland is naturally a question row, as if an enemy's fleet were holding it of deep anxiety to the statesman and the in a state of blockade. Gunboats are to be legislator; and the question is this found far up some of the principal rivers, Ireland improving ?-is Ireland at a standor in remote creeks; and swift cruisers still?—is Ireland retrograding? It is the keep watch and ward round the coast, on interest of those who desire, as the phrase is |