the manner in which compensation was to be assessed. He thought that the fears of the right hon. Gentleman the Member for the University of Cambridge (Mr. Walpole), as to an increase in litigation, were illusory. It was said that there was no precedent for this legislation; but the Act known as Cardwell's Act, which prevented railway companies from making contracts with carriers, was of an analogous character. It was predicted at the time that that Act would lead to endless litigation; but although there was some increase of litigation at first, that ceased, and the Act was generally acquiesced in, and had proved one of the most beneficent Acts which had been passed for many years. SIR GEORGE COLTHURST said, he understood the First Lord of the Treasury to say that if the landlord had offered the tenant a reasonable lease, he should be able to cite the fact in Court as an answer to a claim for compensation. He hoped that proposition would be embodied in the Bill.

MR. G. B. GREGORY said, he was willing to withdraw his Amendment on the understanding that this clause would be further considered.

In reply to Lord St. LAWRENCE, THE SOLICITOR GENERAL FOR IRELAND (Mr. DowSE) said, the Court would have power to enter into all questions respecting the position of the tenant, and all circumstances connected with his claim.

Amendment, by leave, withdrawn.

hope that in the meantime some words would be suggested which would avoid difference of opinion. He therefore felt it his duty to defer to the wish of his right hon. Friend; but unless some other words were moved, he should undertake to move upon the Report, a clause in the same words or to the same effect.

MR. GLADSTONE begged to thank his hon. and learned Friend for postponing his Amendment. So far as he understood the object, they were completely at one; but whether it was best expressed in the clause as it stood, or in such words as might be devised, there would be great advantage in more prolonged consideration.

MR. SCOURFIELD asked the Government to explain the meaning of the words "unreasonable conduct." If two tenants could not agree, and the landlord ejected one of them, would it be taken into account in the assessment of damages?

THE SOLICITOR GENERAL FOR IRELAND (Mr. DowSE) said, if such "unreasonable conduct" had a prejudicial effect upon the estate, it would clearly come within the meaning of the words of the clause.

MR. BRUEN said, he would withdraw the Amendment of which he had given Notice as to the judgment of the Court on a case of liability to a claim for compensation being a bar to all such claims arising before the date of such judgment. His intention was to move it on the Report.

THE SOLICITOR GENERAL FOR IRELAND (Mr. Dowse) said, he would now move to insert words having the effect of the Amendment proposed by the right hon. and learned Member for Dublin University (Dr. Ball) in an earlier part of the clause. He moved to add

"The Court shall have jurisdiction at the hearing of such dispute to ascertain what sums, if any, are due by the tenant to the landlord under Sections 3, 4, and 6, or any set-off for unliquidated damages under the said sections or any of them.', Amendment agreed to.

SIR ROUNDELL PALMER said, he had given Notice of an addition at the end of the clause, and its object was simply this- Compensation under Clause 3 was intended to provide only for cases of improper and capricious eviction; and he considered that it would be desirable in the Equities Clause to fix that point, which was one of principle, in a manner clear and unmistakable. So far as the object he had in view was concerned, some encouragement had been given to him by his right hon. Friend at the head of the Government; the principle was recognized, and favourable consideration was promised for the substance of the Amendment. His right hon. Friend, however, was not satisfied at present with the words of the Amend-regulations established for the management of an ment, and was desirous that it should be postponed till a later stage, in the

Mr. West

MR. LOCH said, he would beg to move at the end of the clause to add the following proviso:

"Provided, That when a disturbance of occupation takes place by reason of the infraction or non-observance by the occupier of any rules or

of compensation, take the same into consideraestate, the Court may, in determining the amount tion in discharge or reduction of such claim:

PARLIAMENTARY ELECTIONS BILL.

LEAVE. FIRST READING.

THE MARQUESS OF HARTINGTON, in rising to move for leave to bring in a Bill to amend the Law relating to procedure at Parliamentary Elections, said: Mr. Speaker, I am afraid I shall have to occupy the attention of the House for a longer time than I should wish; but I assure the House that at this early hour of the morning, I will not trespass upon its time more than in my opinion is absolutely necessary in order to explain the motives of the Government and the provisions of the Bill which it is duty to move for leave to bring in. The Bill is founded mainly, but not entirely,

my

upon the recommendations of the Select Committee which sat during the present Session, and over which I had the honour to preside. In one particular, I must begin by acknowledging the Bill is directly opposed to the recommendations of the Committee. I believe that this House has never considered itself to be absolutely bound by the decisions or recommendations of any Committee it has appointed, but has always reserved to itself complete liberty to reverse, alter, or modify any recommendations which such Committee may have made. But in this instance, I take it, the Committee on Parliamentary and Municipal Elections appointed last year was appointed rather for the purpose of collecting information, sifting opinions, and examining the subject generally than of establishing any fixed or definite conclusion, and therefore I, as Chairman of that Committee, do not feel so much hesitation as I otherwise might in proposing a measure which in one particular is decidedly opposed to the recommendation of the Committee. Now, the point on which the Bill and the Report of the Committee differ is, that of public nominations. I will at once proceed to state what was the recommendation of the Committee, and what is the proposal of the Government on this subject. The passage in the Report of the Committee which deals with this subject, is as follows:

"At some places of election, both in counties and boroughs, the addresses which are delivered are rendered inaudible by noise, tumult, and wilful interruptions; and occasionally serious disturbances, begun on the nomination day, are continued throughout the election."

That is by no means a too highly coloured statement of the case. In fact, I should be rather inclined to say, in the language used by some of the witnesses who were examined, that too often a public nomination is nothing but an expensive, a mischievous, and a useless farce, which tends to bring the Constitution of the country and representative institutions generally, into contempt, and which tends intelligent portion of the constituency also to disgust the most peaceable and with everything connected with elections. Sir, the Committee proceeded to give reasons which I shall ask the House

to consider for the retention of the

prac

tice, but I will first state what is the plan which the Government propose.

hours

We that it should be the duty propose of the returning officer to announce publicly, as now, that on a certain day he will proceed at a specified place to the nomination or election, as the case may be, of the Member or Members to serve for the particular county or borough. He will name a period of two hours within a certain number of specified that is to say, two hours between the hours of one and five-as the time during which he will receive nominations. Candidates will be nominated by the personal delivery, not the sending in, of nomination papers. These papers will have to be signed by the proposer and a seconder and eight other electors of the county or borough. The House will see by-and-by that there is an object in retaining a proposer and seconder as now, but in all cases the papers will have to be signed by 10 electors of the constituency. The delivery of these nomination papers will be made either by the candidate himself made either by the candidate himself personally, or by the proposer or seconder of the candidate. The candidate will be permitted to withdraw his nomination paper, or in his absence the proposer and seconder may withdraw the candidate at any time within the two hours specified. If, at the conclusion of the two hours, no more candidates remain in nomination than there are vacancies to be filled, the returning officer will announce the result and publicly advertise it in the manner prescribed by the Bill. This operation will take place not altogether, but comparatively speaking in private. The persons who may be present at this nomination will be the candidate, ac

companied by one of his friends, who | a candidate of their choice, and if also may be his legal adviser, the proposer ample opportunity be afforded them to and seconder, or any of the electors who demand a poll on behalf of that candimay have signed the nomination papers, date. That it would deprive a candidate but no other person will have a right to of an opportunity of setting himself be present, unless by the special per- right with the constituency in the event mission of the returning officer. The of misstatements as to his opinions or advantages which will result from this his character, is a statement which I plan, in contradistinction to others which must admit; and that, I think, is the have been adopted in places where pub- one solitary objection I know of to the lie nomination is not in force are these abolition of public nominations. I do -It will be necessary that the candi- believe there is an advantage in certain dates, their proposers and friends, should cases in public nominations, in enabling meet face to face. They will know be- candidates to meet face to face before fore the expiration of the specified period the whole constituency, and to challenge who are their opponents and who are in his opponents in public to repeat the nomination, and they will have an op- misstatements which may have been portunity of deciding there and then made, and thus to give him an opporwhether they will make up their minds tunity of refuting them. That there is to go to the poll, or whether they will some advantage in that I do not deny; withdraw in favour of some other can- but hon. Members must be aware that didate who has been nominated, and in the great majority of cases where whether they may consider it worth such public explanation is necessary and while to incur the expense of a contest. desirable, the opportunity for it practiNow, it is necessary, I think, that I cally does not exist at public nominashould very briefly glance at the objec- tions, and that where such misstatetions stated by the Committee to the ments and reckless and unfounded asdoing away with public nominations, sertions have been bandied about, and and see how far the system I have sug- where, probably, a state of great excitegested will meet those objections. The ment prevails, the candidate might just objections stated by the Committee are as well talk to the winds as try to "set five in number. In the first place they himself right" at a public nomination. state thatAgain, as to the objection that it would ward of persons as candidates for mere be difficult to prevent the putting forpurposes of annoyance, it might be so if the system we proposed was that of merely sending in nomination papers, without personal attendance, and if the poll followed as a matter of course upon the sending in of those nomination papers. But I think that when the candidates and their supporters are brought face to face, and have an opportunity of seeing whom they are going to meet, and also of considering how hopeless will be the contest in which they are are about to embark, that will very much tend to check the practice of bringing forward persons as candidates for the mere purposes of annoyance. This is also the proper place for me to state to the House that the Government do not intend to propose to make any alteration in the existing law as to the incidence of the necessary expenses of elections. The candidate, or, failing the candidate, his proposers and nominators, will, according to our proposal, be still held to be liable for the necessary ex

"On the other hand the abolition of the present

system would, as it seems to us, tend to fetter the free choice of the electors, and would deprive a candidate of an opportunity of setting himself right with a constituency, in the event of misstatements as to his opinions or his character; and it would make it extremely difficult to prevent the putting forward of persons as candidates for mere purposes of annoyance, or the fraudulent withdrawal of others who were in favour with the electors. Again, it must not be forgotten that, in the majority of cases, proceedings at nominations are conducted in an orderly manner, and without any attendant evils, and that in the case of an uncontested election the whole proceedings are concluded and the return is made on the day of nomination."

Now, the first objection of the Committee, that it would tend to fetter the free choice of the electors, appears to me entirely opposed to one of their subsequent objections—namely, that it would make it extremely difficult to prevent the putting forward of persons as candidates for mere purposes of annoyance. I cannot myself see how the free choice of the electors would be fettered if, as I think is provided, ample opportunity be given to any 10 electors to bring forward

upon

will allow me to read one or two extracts from the Report of the Committee on these subjects. And let me say here, that although the Committee were considerably divided upon certain points in in their Report, and certain recommendations were only made by a bare majority, in regard to all that part of their Report which contains statements of existing facts the Committee, I think, were tolerably agreed; and although the draft Report was considerably altered, the Report as it stands was agreed to after consultation, and without any very great difference of opinion on the part of the Committee. The Committee state

"The Returns in the Appendix to the Report of the Select Committee on Parliamentary and Municipal Elections in the last Session of Parliament show that both in former and in the last bribery and treating were the chief, have preelections various corrupt practices, of which vailed, and to such an extent as to invalidate many elections; and it cannot be supposed that either now or formerly have the whole of such practices been brought to light.” With respect to the intimidation in boroughs, they say—

penses of the election; and this also, in reserved the arts of the briber, the viomy opinion, will, if it does nothing else, lence of all kinds, whether of moral inat any rate act as a considerable check timidation or of the intimidation carried on the putting forward of candidates on by an armed body of men. It is merely for the purpose of annoyance. scarcely necessary-the facts are so well Another objection stated by the Com-known and so patent-for me to accumittee is, that abolition of public nomi- mulate proof; but I think the House nations will render it extremely difficult to prevent the fraudulent withdrawal of candidates who are in favour with the electors. That I own I am unable to see. Of course, corrupt compromises may be made between candidates in future, as they are made now. But the corrupt compromise is not made now the hustings; it is made, and must be made, always behind the scenes; there are ample opportunities now, if candidates and their supporters are disposed to make them, for making such compromises; and I do not see how the system we propose will tend to encourage them. The last objection stated by the Committee is, that in the majority of cases the nominations are orderly, and that in the case of an uncontested election the whole of the proceedings are concluded and the return is made on the day of the nomination. Well, if I have made clear to the House the system which the Government propose, it is evident that those advantages will also attend our system, and if there are not more candidates than there are vacancies to be filled the return in that case will likewise be made on the day of the nomination. That, I think, is all that I need trouble the House with on the subject of nominations. Of course it is hardly necessary to say that if there are more candidates than there are vacancies to be filled, it will be the duty of the returning officer to announce that a poll will be taken, and to make the necessary preparations for the poll. I must now explain to the House what are the "It is certain, however, that an influence, exviews of the Government as to the mode ceeding, in a greater or less degree, the legitimate of conducting that poll. I have alluded influence which a popular and respected landlord must always exercise in his neighbourhood, is already to the evils which too commonly often brought to bear on tenant-farmers, and attend the public nomination of candi- other voters in agricultural districts. The agent dates; but those evils are, I believe, frequently holds language which the landlord small compared with those which are would shrink from using, but which the latter reserved for the polling day. On the does not think it necessary to disown. An instance was given where tenants who had signed nomination day there is riot, there is the requisition to a candidate all voted with their disturbance, but it is generally mere landlord against that candidate; another, where senseless, purposeless, objectless rioting. no tenant on the estate would promise the same It is for the polling day that is reserved candidate a vote until they had received an asthe violence with an object and inten-surance from their landlord that they might vote as they pleased, on receiving which they all both tion. It is for the polling day, or the promised and voted for the candidate opposed to day immediately preceding it, that are the landlord's politics. The inducement to vote The Marquess of Hartington

"It is certain, at least, that whether intimidation is extensively practised or not, the fear of it widely prevails among that class of voters who the canvass in most boroughs a system of workare liable to its influence. There exists during the ing upon voters through private considerations, whether of interest, hope, or fear, for political purposes, and this system enables undue influence, in a modified form, to be constantly prac

tised."

Then, as to intimidation in counties, there is this passage