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the practical question was, could they do any service to the labourers in rural districts. With regard to farm servants who had charge of stock, unless when they quitted their occupation they also left their houses, it would often be found impossible to find a residence for their successors. Therefore, two months' notice would not be desirable. He quite agreed that all the servants on the farm ought not to hold their cottages merely

at the will of the farmer. That would be a most undesirable state of things.

was from a landlord's point of view. But would any hon. Member opposite keep a coachman in his rooms over a stable, who refused to drive his carriage or take care of his horses? and what difference in principle was there between the man who looked after carriage horses, and the man who looked after farm horses? Question put.

The Committee divided: -Ayes 85; Noes 170: Majority 85.

MR. SEELY moved, after Clause 43, to insert the following clause:

(Compensation for crops and improvements on cottage holdings.)

any tenant or sub-tenant of his employer, shall upon his ceasing to occupy such garden or holding be entitled to compensation from his employer or other landlord in respect of

a. Any unexhausted improvements made by him in or on the soil of the garden or holding by manure, tillage, or otherwise; and

MR. MACDONALD expressed the hope that the Committee would divide on the principle involved, so that agricultural labourers could not be turned "43B. Every agricultural labourer or farm out of their cottages at the whim of servant who occupies either as a tenant or as a servant a garden or other holding (whether attheir landlords at a moment's notice. tached to a house or not) from or under his MR. CHAPLIN said, that hon. Mem-employer, or the landlord of his employer, or bers opposite did not seem able to perceive the distinction between the agricultural labourer and the farm servant. The labourers received weekly wages, had weekly hire, and lived in habitations provided by themselves, while the farm servants were engaged for particular services, which they were bound to fulfil, and which were necessary for the production of the food consumed by the people, and their cottages were built for them. There was, however, very little distinction between the farm servant and the domestic servant. This was a Bill to deal with agricultural holdings, and if anything were wanted to improve the position of the agricultural labourer, let hon. Members opposite bring in a Bill, and it would receive the candid consideration of Members on the Ministerial side of the House.

SIR HENRY JAMES said, if the Committee divided it would be on the principle of the Bill, and not on the question of one or two months' notice.

MR. STEPHEN CAVE said, he had a large number of labourers' cottages, and he had done his best to make them as good as he could, giving gardens to each. But he let these cottages not as an employer of labour, but as a landlord. He thought it better, generally speaking, to keep them in his own hands than to let them get into the hands of the farmers. But under the proposed clause he would have no security for his rent. He would be, in fact, obliged to allow a tenant to remain for two months drawing no money, and therefore certain to leave without paying a shilling. This VOL. CCXXVI. [THIRD SERIES.]

b. The value of any sced or growing and immature crops, roots, or vegetables

planted or paid for by him and not removed by him.

"The amount of such compensation shall, in case of dispute, be settled by a referee, but only one referee shall be appointed for this purpose, and, if the parties cannot agree upon a referee, he shall be appointed, on the application of either party, by the judge of the County Court.

"A claim for such compensation must be made not less than seven days before the person

making the claim ceases to occupy the garden or holding to which the claim relates.

"This section shall not apply to a person who occupies under a contract of tenancy or service made before the passing of this Act, but upon the termination of a week, month, or other term for which any such contract is made, any continuation or renewal of the contract shall be deemed to be a new contract for the purposes of

this section."

New Clause (Mr. Seely,)-brought up, and read the first time.

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

Noes 150: Majority 56.
The Committee divided:-Ayes 94

MR. M'LAGAN moved the following clause :—

(Farm buildings in certain cases to become property of tenants.)

shall erect any farm building, either detached "If any tenant, after the passing of this Act,

or otherwise, or put up any other building, engine, machinery, or other matters, either for

→ H 4

agricultural purposes, or for the purposes of trade and agriculture, and for which he shall not, under the provisions of this Act, be entitled to compensation, or which shall not have been erected or put up in pursuance of some obligation in that behalf, then all such buildings, machinery, or other matters, shall be the property of such tenants, and shall be removable by him in all respects as if the same were fixtures of trade by law or custom removable by the tenant; and the law now in force as regards fixtures of trade removable by a tenant shall apply to all such matters, notwithstanding the same may consist of separate buildings, or that the same or some part thereof may be built in or permanently fixed in the soil, so as the tenant making any such removal do not in any wise injure the land or buildings belonging to the landlord, or otherwise do put the same in like plight or condition, or as good plight or condition as the same were in before the erection of any such thing so removed: Provided nevertheless, That no tenant shall under the provision last aforesaid be entitled to remove any such matter or thing aforesaid without first giving to the landlord or his agent one month's previous notice in writing of his intention so to do; and thereupon it shall be lawful for the said landlord or his agent on his authority to elect that such matters or things so proposed to be removed shall be considered as if they were improvements of the first class under this Act; and thereupon the rights to remove the same shall cease, and the same belong to the landlord, and the value thereof shall be ascertained and paid for and recovered under the provisions of this Act in all respects as if the same were improvements of the first class as by this Act defined."

New Clause (Mr. M'Lagan,)—brought up, and read the first time.

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

The Committee divided: Noes 146: Majority 61.

Ayes 85;

SIR WILLIAM HARCOURT moved the following clause:

(Tenant's compensation for breach of covenant.)

"When a landlord commits a breach of cove

nant or other agreement or custom connected with the contract of tenancy, the tenant shall be entitled to obtain, on the determination of the tenancy, compensation in respect thereof, subject and according to the provisions of this Act." The landlord was entitled to compensation from the tenant in case the tenant committed waste or broke covenants, and in this respect landlord and tenant should be placed in the same position.

Clause added to the Bill. MR. FAWCETT (for Sir HARCOURT JOHNSTONE) moved, after Clause 14, to insert the following clause :

:

(Compensation for damage by game.) "In every contract of tenancy made or arising

after the commencement of this Act, where the landlord reserves a right of shooting over the holding, there shall be implied an agreement by the landlord to compensate the tenant for damage done during each year of the tenancy by the game, hares, or rabbits in respect of which the right is reserved, if notice in writing of the amount claimed for damage have been given to the landlord in the case of damage to corn before the first day of August, and in the case of damage to root crops before the first day of February in each year.

"The amount of compensation shall be determined by two referees to be appointed, one by the landlord, and the other by the tenant, or by an umpire to be named by those referees."

New Clause (Mr. Fawcett,)-brought up, and read the first time.

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

SIR WILLIAM HARCOURT said, he should like to hear the hon. Member for Leicestershire's (Mr. Pell) opinions on the subject. It would enable the hon. Gentleman, at any rate, to give one vote in favour of the tenant farmers of England. He hoped the Government would give some explanation why the tenant should not have compensation for injury done to his crops by rabbits

and

game.

MR. D. DAVIES thought that it was for the interest of landlords that there

should be some such clause as this in the Bill.

MR. HUNT said, he had already spoken on the proposal of the hon. Member for Nottinghamshire (Mr. Storer), and he made it a rule never to say the could only repeat that, if they were going same thing twice if he could help it. He into the question of game, the rest of the year-not to speak of the rest of the Session-would not suffice. As to rabbits, he would merely recommend landlords to do what he did himselfnamely, allow the tenants to kill the rabbits which they found on their own farms.

MR. ROUND said, he could not vote for the new clause, as proposed by the hon. Member for Hackney (Mr. Fawcett). It was too important a question to be dealt with in one clause at the end of the Session. He was in favour of compensation for damage. done by game, and hoped to see a measure brought in by the Government at the commencement of the next Session. The hon. Member for Hackney made

no

{JULY 30, 1875}

India.

210

distinction between winged game | indeed the sympathy, of the noble Marand ground game; nor did he provide quess at the head of the India Office; for the case where damage was done to but I desire to draw to it the attention an occupier's crop by game belonging of your Lordships and of the country. to some person who was not his land- Mr. Redgrave sayslord. For these reasons he trusted the Motion would not be pressed to division.

Question put.

The Committee divided: — Noes 136: Majority 47.

a

MR. RODWELL (for Colonel WILSON) moved, after Clause 23, to insert the following clause :

(Duration of improvement to be found.) "The award shall find and state the time at which each improvement, in respect whereof compensation is awarded, is taken, for the purposes of the award, to be exhausted."

Clause added to the Bill.

"We see a cotton industry springing up in India, extending with rapid strides, and it behoves us to inquire whether that industry is carried on upon the old lines of the cotton manufacture here, and if it is so carried on, as is Ayes 89; the common report, by factories making 14 in its infancy, and by wise and moderate reguhours a day, it is well that the Legislature should step in while the industry is, so to speak, lations stop the growth of habits of long hours and of the employment of child labour. From the Statement of the Moral and Material Procotton factory was established at Kurla in 1863, and that there are now in the Bombay Presigress of India,' it appears that the first steam dency 18 cotton spinning and weaving factories, which employ 405,000 spindles, 4,500 power looms, and 10,000 hands, turning out daily factories in the Bengal Presidency. It is clear, 100,000 lb of yarn. There are also two cotton therefore, that this is a progressive industry, and, looking to what factory legislation has the native workers of India may be spared the achieved in this country, may we not hope that ordeal which our cotton operatives went through in former days, and that they may be permitted to enjoy the blessings of moderate labour, of ample time for rest and meals, and of protection to children of tender years?"

Bill reported; as amended, to be considered upon Thursday next, and to be printed. [Bill 277.]

House adjourned at a quarter
after One o'clock.

HOUSE OF LORDS,

Friday, 30th July, 1875.

MINUTES.]-PUBLIC BILLS-First Reading-
Militia Laws Consolidation and Amend-
ment* (243); Metropolitan Board of Works
(Loans) (244).

Second Reading Department of Science and
Art (221); Foreign Jurisdiction* (224).
Committee Report County Surveyors Superan-
nuation (Ireland)
Loans (Money) (213).
(219); Public Works
Third Reading-Chelsea Bridge (217); Entail
Amendment (Scotland) * (214), and passed.

*

*

EACTORIES IN INDIA.-OBSERVATIONS. THE EARL OF SHAFTESBURY, in calling the attention of the Secretary of State for India to the last Report of Mr. Redgrave, Inspector of Factories, in reference to the regulation of labour in the cotton mills in the Presidency of Bombay, said:-No one, my Lords, who has read Mr. Redgrave's Reports can doubt the importance of the subject brought before your Lordships. I ventured to touch on it last year, when I made some remarks on the new Factory Bill of the Government; but it has been more fully handled by the Inspector, Mr. Redgrave. The question here, I learn, has engaged the attention, and

This statement by the Inspector contains nearly the whole of the arguments; but further illustration of the necessity of I will just add a few more details in doing something:-In Bombay and the in seven of which the premises are being neighbourhood there are now 16 mills, enlarged; 11 new mills are in course of erection; 2,533 children are employed, of and it is stated in a letter received this whom only 475 are above 12 years of age, morning that some of them are not more than five years old; 2,206 women are per day. All the mills, except two-the employed. The hours of work are 16 Bombay Spinning Company's mill and the Alliance mill-are open on Sundays; the hands have, however, two Sundays per month as holidays. The jute factories in India are chiefly situated on the Ganges. There are about 14 jute mills, with about 50,000 spindles and 3,000 power looms. less than in the cotton mills, but still The hours of work are very much more than in England. Surely these facts are of themselves quite sufficient to show that something should be done to regulate the manufacture and prevent this enormous amount of overwork? Such interference proceeds from

no jealousy of the rising trade of India | crown to this work by also giving the -on the contrary, we rejoice at the Natives what we earnestly desire for our growth of this trade: but we wish, own population-the boon of healthy while the system is yet young, to save work, healthy homes, and good education. India from all the difficulties and com- THE MARQUESS OF SALISBURY: plications to which we have been sub- My Lords, my sympathies in this matter ject in England. Nor am I stating are entirely with my noble Friend-and, my own view of the necessity of re- in fact, the Government has already been medies. The Natives are as anxious neither unobservant nor idle in reference for interference as we are. My noble to the question. In April last year my Friend (the Marquess of Salisbury) attention was directed to the dangers shakes his head. Perhaps the masters which might arise from the ill-treatment in India are not anxious; I am speak- of little children employed in the growing of the operatives and the children. ing cotton industry of India, and I I have been reading the Journal of the directed the attention of the Government National Indian Association for the pre- of Bombay to the necessity of inquiry, sent month, and they begin by rejoicing and probably of legislation. Again, in that a Commission of Inquiry has been February of the present year we directed issued. They then go on to point out an inquiry for the purpose of ascertainall the evils from which the operatives ing whether any cause for legislation are suffering-a repetition of the evils existed; and, if so, what course might which used to harass and destroy our be adopted. I was induced to take this factory operatives at home-terrible ex- course by the facts which came to my haustion, dust, 16 or 17 hours a day of knowledge through the agency of a lady unremitting labour, and a temperature whose name cannot be mentioned withvarying from 90 to 100 degrees. And out honour among all who are interested they propose the same remedies-limi- in moral progress and philanthropic tation of the hours of work, the half- effort in India-I mean Miss Carpenter. time system for all under 13, education, Before this time, however, a Commission proper meal-times, and sanitary ar- of Inquiry had already been appointed. rangements. There is also a commercial That Commission is sitting at the preview to this question. We must bear sent moment. It has taken a great deal in mind that India has the raw material of evidence; but, as its deliberations and cheap labour; and if we allow the are not yet concluded, it would not be manufacturers there to work their oper- proper, before its Report is presented, atives for 16 or 17 hours and put them that I should make any definite stateunder no restrictions, we are giving ment to your Lordships. We must nethem a very unfair advantage over the cessarily be guided much by the facts manufacturers of our own country, and which are laid before us in this Report. we might be undersold even in Man- There is no doubt, however, that the chester itself by manufactured goods case is urgent. The cotton industry is imported from the East. There is an- growing rapidly. My noble Friend gave other argument of some importance. some statistics of the development it has English manufactures are weighted in reached already, and its future progress India with an import ad valorem duty of, appears likely to be still more rapid. I believe, 5 per cent. The Manchester There are now 600,000 spindles in the Chamber of Commerce will, I doubt not, Presidency of Bombay, and there are soon bring this point under considera- being prepared and approaching comtion. Meanwhile, I trust that we shall pletion at least 500,000 more. The have the sympathy of the noble Mar- growth of the cotton industry is, therequess, and that he will give us an as- fore, likely to be exceedingly rapid. surance of his earnest and active co- They produce 1,200,000 bales, and do operation. We are only asking for not make up more than 78,000; so that India the same benefits and blessings the balance of this cotton is brought that we ourselves enjoy. No one can over the sea to Manchester, is manufacread the Annual Reports upon the tured there, and afterwards is taken "Moral and Material Progress of India" back in its manufactured form and sold without feeling deep gratitude to God to the Natives of India. At least, this that our rule has been so blessed to the is the history of a great deal of the welfare of the Natives. Let us set the cotton. In India there is cheap labour,

duties, and will do its best to apply to
the population of India the legislation
which, under the auspices of my noble
Friend, has been already so beneficial to
England.

DEPARTMENT OF SCIENCE AND ART
BILL (No. 221.)

(The Lord Chancellor.)

SECOND READING.

Order of the Day for the Second Reading, read.

a moist climate, the raw material, and the coal with which to work up the raw material. I do not think it probable, therefore, that the present state of things will long continue. On the contrary, the manufacture of cotton in India for the Indian market will increase every year. My noble Friend is quite right in desiring that this subject should be taken in hand now, for in a few years hence the difficulty of dealing with it. will be greatly increased. I am afraid, however, that my noble Friend is too sanguine when he says that the Natives are with us on this question. That is the precise difficulty with which we have to contend. There may be some persons who see the thing in the light in which we see it; but generally this proposal to limit the hours of factory labour is looked upon as a great conspiracy for the purpose of promoting the interests of Manchester manufacturers. There is no subject more commonly discussed, and writers in the Native journals dwell on the wickedness of the English, who are trying to stifle Native manufactures in India under the guise of philanthropy I am, therefore, glad that my noble Friend is coming forward in this matter, for his philanthropy is, at all events, above suspicion; he cannot be suspected of joining in this dark conspiracy, and trying to stifle the infant manufactures of India in the interests of Manchester. I hope that his well-known efforts on behalf of the factory operatives of his own country will show that he is actuated by none but philanthropic motives in desiring that the Government shall take the same measures for the protection of the women and children, the factory operatives of India. Meanwhile, this is the difficulty in the way of the Govern-petual trust, but to leave the matter ment; but it will not be an insuperable difficulty. The history of the Government of India shows, I think, that it will not be deterred by any political obstacles from doing what it believes to be its duty. In its suppression of suttee and of infanticide it was urged on from a sheer sense of duty, in opposition to the traditions and customs of a vast population, and in the face of considerable

THE LORD CHANCELLOR, in moving that the Bill be now read the second time, said, the Department of Science and Art was incorporated by Royal Charter, under the provisions of which it had acquired buildings in South and had received various bequests. A Kensington, had established a museum, gentleman whose name was well known to their Lordships-Sir Joseph Whitworth-presented to the nation in 1868 vested in this Department of Science an annuity of £3,000 a-year, which was and Art, for the purpose of founding of young men in the theory and practice scholarships to promote the instruction of mechanics and the cognate sciences. These scholarships had proved to be of great use. The same public-spirited genleman possessed a considerable estate in the North of England, called the Stanwell Estate, and he wished to make it over to the public, subject to his life interest, for the purpose of securing this sum of £3,000 a-year for the scholarships, and devoting the remainder of the estate to similar objects. This could not, however, be done without a relaxation of the Statutes of Mortmain, and as it was not intended to create a per

ment, Her Majesty's Government thought always open to the control of Parliathose statutes might be relaxed in the ject of the present measure, therefore, case of this or a similar gift. The obDepartment to hold the land subject to was to empower the Science and Art the control of Parliament.

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Moved, "That the Bill be now read 2a." -(The Lord Chancellor.)

political danger. Happily, the efforts of Motion agreed to :-Bill read 2a accordthe Government have resulted in a dis-ingly, and committed to a Committee of continuance of those practices. Your the Whole House on Monday next.

Lordships may rest assured that the
Indian Government will show no short-

coming in the discharge of its high

House adjourned at Seven o'clock, to
Monday next, half past
Two o'clock.

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