community, and he thought it was perfect | all fairs for the sale of store cattle should be prohibited for a limited time, and that no markets should be held without the license of the Privy Council, and that, when held, no cattle should leave the place in which the market was held alive; and that they should only be permitted to take place in those places that should offer the guarantee mentioned by the hon. Member for West Norfolk (Mr. Read). The fourth and last point he had to mention was, that Government believed it to be ab

lations with regard to the removal of hides, dung, and other refuse, should be made by an Order in Council applicable to the whole country, except those districts which the Privy Council might wish to place under protective regulations, for the purpose of preserving them from the cattle plague. The Orders in Council on this point would be in accordance with the amended clauses in the Bill of his hon. Friend the Member for Northamptonshire.

MR. HUNT inquired how Government intended to deal with the movement of cattle in the event of a change of tenancy taking place?

MR. BARING replied that the Orders in Council would provide for such cases.

ly impossible to amend this Bill so as to render it intelligible. It affected the farmers very materially, and might be turned into a gigantic engine of oppression so far as they were concerned. It also affected the tanning interest, which was much affected by the action of local authorities, and unless those provisions were clear and distinct, it would be almost impossible for the trade to continue for any length of time. The subject was also of interest to the public generally, as affecting the re-solutely essential that some general regumoval of refuse involving the health of the population in the great towns of the country. If the hon. Gentleman would take a wise course and give up the Bill, he (Mr. Baring) was instructed to state that the Government were prepared to take on themselves the responsibility of dealing with this question in such a manner as they should think right, and which he would proceed shortly to explain. In the first place, he had to state that the Government were prepared to strengthen the establishment. of the Privy Council, as had been suggested. The House and the country would feel with him the obligations they were under to Mr. Helps and the gentlemen in his department for their ability, diligence, and devotion in carrying on the vast correspondence connected with this subject, in addition to performing their ordinary business. It must therefore be understood that any changes which it might be contemplated to make in that department were owing to the necessity of extending its operations, and did not involve the slightest disparagement to those gentlemen. On the subject of the cattle plague, if-as might be hoped under Providence would be the case the adoption of the principle of slaughter for the period agreed upon by Parliament had the effect of limiting the area of the disorder within a much smaller space than that over which it was spread at present, the Government felt that it would be competent for the Privy Council, assisted by the local authorities, to isolate infected districts, and at the same time to guard uninfected districts from the disease. The next point on which the Government must take action was with regard to fairs and markets. The course which he would indicate, without pledging himself that the Government would adopt it, in reference to this subject, was almost identical with that proposed in the clauses of the Bill originally introduced by the Government-namely, that by an Order in Council

MR. HUNT was desirous of knowing how Government intended to deal with that subject. Did they intend to delegate their authority on this point to the local authorities?

MR. BARING said, the proposal which he would indicate as the one likely to be carried out by Government was, that while the principle of isolation would be carried out as to infected districts, and every precaution would be taken to protect uninfected districts, such as Wales and Scotland, with regard to the rest of England some form of licence might be devised which would enable beasts to be moved from one part of the country to another. He might add that he hoped it would be possible to make the regulations he had described under the existing law by means of Orders of Council; but if, upon further consideration, Government found that such was not the case, it would be their duty to apply to the House for fuller powers. With regard to the very important subject of the cleansing of railway trucks, as the matter had up to the present time been under the consideration of Parliament, Government, out of respect to the House, had refrained from taking any action for the purpose of compelling the railway companies to per

form that duty; but in the event of the Bill | Cattle Diseases Act which the Government being abandoned, an Order of Council would were eventually compelled to withdraw, as immediately be issued requiring railway though they had proposed to deal with the companies to cleanse all trucks which had question in the principle on which the Gobeen used for the conveyance of cattle. In vernment now intended to act; whereas, the event of Government having to intro- in truth, the effect of those clauses was duce a new Bill, they would adopt many of merely to throw upon the local authorities the clauses contained in the present Bill, the powers and responsibility which it was such as the power given to magistrates to the duty of the Government to accept. He stop animals, and certain penalty clauses. believed it was solely owing to his efforts, On all other points Government could deal backed up as he was by those interested in with the cattle plague more satisfactorily the question, that they had heard the anby Orders of Council than by an Act of nouncement to which they had just listened Parliament. In the first place, because from the Under Secretary. They now heard the latter could not be made sufficiently elas- for the first time that it was the intention tic to meet the varying requirements of the of Government to issue uniform Orders in case; and secondly, because by means of Council with reference to the movement of an Order of Council the whole of the regu- cattle and the stopping of fairs and markets; lations might be drawn up in one code, and he need scarcely say how much pleainstead of being scattered among the numer sure such an announcement had given him. ous clauses of two Acts of Parliament, The hon. Gentleman had scarcely treated coupled with a third, of a temporary nature, his Bill with fairness in attempting to cast the expiration of which would disturb all ridicule upon it. Of the fifteen clauses the existing regulations. It was under containing exceptions to the general printhese circumstances that he now asked ciple alluded to by the hon. Gentleman, the hon. Member for Northamptonshire some referred to England and some to Scotto abandon the further prosecution of a land, some to one sex and some to the other, Bill which, from the alterations made in it, some to one seaport and some to other seahe could no longer consistently counte- ports, but the distinct principles of excepnance, and to leave the whole matter in tion were but few. He thought a Minister the hands of Government. By the adop of the Crown might have been better emtion of this course, the hon. Member would ployed than in making pettifogging objecsave the House considerable time, and tions of this kind to a Bill which had been would possible save the country some in- brought in with the intention of effecting a convenience. He greatly regretted the useful purpose. He had much pleasure in Government had been induced to aban- acceding to the proposition of the Governdon important clauses in their Bill for the ment, that they should take the whole repurpose of allowing the hon. Member to sponsibility of the question upon themselves, introduce a Bill, the history of which had and was content under such circumstances proved the futility of endeavouring to en- to abandon his Bill. He should have preforce by Act of Parliament a uniform code ferred the matter being dealt with by Act of regulations of the most minute detail of Parliament, as the regulations would with regard to the traffic of cattle, the con- then have been approved by the represenveyance of hides, skins, and other offal, tatives of the people; but if Government from one part of the country to another. chose to adopt the other course, he trusted that they would deal with the question in a comprehensive way, and endeavour if they could to stop this great calamity, which had now spread all over the kingdom.

SIR GEORGE GREY said, he was not surprised that the hon. Member had failed in his attempt to carry an Act of Parliament which would effect the desired ob

MR. HUNT said, he was rejoiced to hear from the Under Secretary for the Home Department that the Government intended to relieve both himself and the House from very great difficulty by accepting all responsibility in this matter, but he could not agree with the concluding observation of the hon. Gentleman, that his efforts had been unattended with success, because with-ject, as he believed the only safe principle in the last few minutes they had heard the Government announce that they would do what every one had desired they should do -take upon themselves the responsibility they had hitherto declined. The hon. Gen

for the Government to adopt in the matter was to issue Orders in Council on the subject. An Act had lately been passed for Ireland, by which large power was given to the Lord Lieutenent to take the steps he

HOUSE OF LORDS,

Thursday, March 15, 1866.

MINUTES.-Sat First in Parliament-The

Earl Beauchamp, after the Death of his Father. Took the Oath-The Marquess of Tweeddale. PUBLIC BILLS-Second Reading-Mutiny.* Committee Jamaica Government (29); Marine Mutiny; National Debt Reduction* (32). Report - Jamaica Government (29); Marine Mutiny; National Debt Reduction* (32).

THE CATTLE PLAGUE-THE ORDERS

IN COUNCIL.-QUESTION.

demand. In the event of the misconduct of the magistrate being brought under the notice of the Lord Chancellor, it would be for him to consider whether that misconduct was of such a nature as would require that the name of such magistrate should be taken off the list of magistrates. In the instance which the noble Earl suggested the magistrate could be indicted for misdemeanor, and in such a case it was not usual for the Lord Chancellor to cause the magistrate's name to be removed from the commission of the peace until a prosecution had been instituted. If such a prosecution were instituted the Lord Chancellor would deem it his duty to take all the facts into consideration, and adopt such a course as he might feel it his duty to take. The noble Earl had stated quite correctly that the rules framed under Orders in Council were as binding as an Act of Parliament, for they were issued under the authority of Acts of Parliament.

THE EARL OF ELLENBOROUGH asked by whom the prosecution was to be instituted? It would be a strange proceeding for a Court of Quarter Sessions to institute a prosecution for misdemeanor against one of their own body. He apprehended that the proper course to be pursued would be this-If there were a prima facie case which seemed to implicate a magistrate it would be the duty of the other magistrates to appoint a committee to inquire into the matter, and if the report of that committee were such as to substantiate the case the report should be transmitted to the Secre

THE EARL OF ELLENBOROUGH said, he wished to ask a Question of the noble Earl the President of the Council, of which he had given private notice, as to the mode in which the Orders in Council and the rules of the local authorities with reference to the suppression of the cattle plague were to be carried into effect. Since he had given notice to the noble Earl a great change in the position of the general question had taken place. A Bill upon the subject carefully elaborated in the House of Commons, and afterwards in that House, had been withdrawn, and the Government had taken upon themselves the whole responsibility of providing for the suppression of the cattle plague by Orders in Council. That did not diminish the importance of the Question which he wished to ask. Now, it was a matter of the greatest importance that magistrates should thoroughly understand that the rules established by the local authorities under Orders in Coun-tary of State for the Home Department, cil had all the binding power of law, and that they were as much bound to carry them into execution as any Act of Parliament. He therefore desired to know, How the Government intended to proceed in the event of there being reason to suppose that the magistrates had acted in contravention of the rules framed under Orders in Council. For instance, the movement of cattle was only permitted under a certificate from a magistrate, to be granted under certain conditions. Now, what would be done if magistrates granted the certificate without the fulfilment of one or more of the conditions required?

EARL GRANVILLE begged, in the first place, to thank the noble Earl for the invariable courtesy with which he always gave notice of the Questions which he intended to ask, and also for the precise character of the explanations which he

who might recommend what course he thought fit. He would probably direct a prosecution against the magistrate; and in the event of such misconduct being proved, then the action of the Lord Chancellor would come in.

THE LORD CHANCELLOR said, his noble Friend had stated quite correctly the course which the holder of the Great Seal always thought it his duty to follow. If the complaint against a magistrate was one of misconduct not exposing him to criminal proceedings then it would be for the Lord Chancellor to consider whether the offence was such as to call upon him to remove the magistrate from the commission of the peace. But if the misconduct alleged was such as might be made the subject of a prosecution in a criminal court, it was usual for the Lord Chancellor to let the law take its course before taking any action;