HC Deb 04 August 1882 vol 273 cc883-7

[Progress 3rd August.]

Bill considered in Committee.

(In the Committee.)

Clause 5 (Power to let lands inconveniently situated).

On the Motion of Mr. HIBBERT, the following Amendment made:— In page 2, line 32, leave out "the," and insert "any."

Clause, as amended, agreed to.

Clause 6 (Saving old rights).

On the Motion of Mr. HIBBERT, the following Amendments made:—In page 2, line 37, after "nor," insert "section twelve of;" line 40, leave out from "operation," to "but," in line 42; page 3, line 4, leave out "such," and insert "the;" line 4, leave out "a poor person," and insert "poor persons;" line 9, after "if," insert "they had been legally settled in the parish and;" and in line 9, after "and," insert "section twelve of."

Clause, as amended, agreed to.

Clause 7 (Preference to cottagers living in parishes where the lands are situate).

On the Motion of Mr. HIBBERT, the following Amendment made:—In page 3, line 14, leave out "cottagers and labourers," and insert "poor."

Clause, as amended, agreed to.

Clause 8 (Where lands are held partly for the benefit of the poor) agreed to.

Clause 9 (Charity Commissioners to settle rules in certain cases).

On the Motion of Mr. HIBBERT, the following Amendments made:—In page 3, line 27, leave out from beginning of Clause to "as," in line 34, and insert— The trustees or the majority of them may from time to time make and, when made, revoke and vary such rules;

Line 35, leave out "such;" line 35, after "allotments," insert "under this Act;" line 36, leave out from "for" to "preventing," in line 39; line 41, leave out "and regulations;" page 4, line 1, leave out "and regulations when so settled and approved," and insert "as are for the time being in force under this section;" and in line 2, at end of Clause, add— Provided that—

  1. (a.) A copy of all rules made under this section shall be sent to the Charity Commissioners as soon as may be after they are made, and the Charity Commissioners may, if they think fit, by order disallow any rules made under this section, and upon such disallowance the same shall be void;
  2. (b.) Such public notice as is provided by the Schedule to this Act shall be given of all rules in force under this section, and a copy thereof shall be at all times given gratis to any cottager or labourer demanding the same;
  3. (c.) Any four cottagers or labourers, or any of the trustees, if aggrieved by any such rules, whether in respect of anything contained therein, or of any omission therefrom, or if aggrieved by the want of any rules, may complain to the Charity Commissioners, and the Charity Commissioners, if they think such complaint is well grounded, may make such order as appears to them necessary to remedy the complaint. Any such order may rescind or alter any such rules, and may make any rules for the purposes of this section, and such rules shall be duly observed by all persons and corporations whatsoever."

Clause, as amended, agreed to.

Clause 10 (In case of neglect of trustees to publish notice).

On the Motion of Mr. HIBBERT, the following Amendments made:—In page 4, line 4, leave out "appropriation," and insert "setting apart;" line 7, leave out "a portion," and insert, "any allotment out;" line 12, leave out from "shall," to the end of the Clause, and insert— Cause a complaint of such omission, neglect, or refusal to be, without charge to the applicant, sent to the Charity Commissioners, who shall inquire into the complaint, and the said Commissioners if satisfied that such omission, neglect, or refusal exists, and requires to be remedied, may send a certificate to that effect to the county court judge, who shall issue his order for remedying in manner specified in the certificate, such omission, neglect, or refusal, and such order may be enforced in like manner as an order made by such judge in the exercise of the jurisdiction conferred on the court by 'The Charitable Trusts Act, 1853,' and the Acts amending the same.

Clause, as amended, agreed to.

Clause 11 (Certificate of Charity Commissioners sufficient defence for trustees).

On the Motion of Mr. HIBBERT, the following Amendments made:—In page 4, line 21, leave out from "not," to "r," in line 22, and insert "giving such public notice or proceeding for such setting apart of land as is required by this Act;" and in line 24, leave out from "any," to the end of the Clause, and insert— Complaint of any omission, neglect, or refusal on the part of the trustee to give public notice or proceed for the setting apart of land or otherwise comply with the provisions of this Act, or to any action, or suit in respect of such omission, neglect, or refusal.

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

MR. WARTON

moved to report Progress, on the ground that the Committee were going too fast.

Motion made, and Question, "That the Chairman do report Progress, and ask leave to sit again,"—(Mr. Warton,) —put, and negatived.

Original Question put, and agreed to.

Clause 12 (Arrears of rent, and in case of refusal of tenant to quit).

On the Motion of Mr. HIBBERT, the following Amendments made:—In page 4, line 29, leave out "arrears of;" line 34, after "same," insert— And sections one hundred and ten, and one hundred and eleven of 'The Inclosure Act, 1845,' shall apply as if they were herein enacted, and; line 35, after "of," insert "local;" and in line 35, leave out "Acts," and insert "sections."

Clause, as amended, agreed to.

MR. HIBBERT

moved the insertion of the following Clause after Clause 12:—

(Letting of allotments.)

With respect to the letting of allotments in any field or portion of land set apart for the purposes of this Act, the following provisions shall have effect:—

  1. (1.) Public notice of the intention to let the same shall be given in manner directed in the Schedule to this Act;
    2. 886
  2. (2.) Every allotment shall be let free of all charges (that is to say): tithe, tithe rent-charge, rates, taxes, and outgoings whatsoever, and shall be let at such rent as land of the same quality is usually let for in the same parish, with such addition as is necessary to satisfy the said charges, and, in this section, the expression 'outgoings,' includes the expense of getting possession, and allotting, dividing, and fencing the field or portion of land set apart and collecting the rents, and any sum payable for such draining of the allotments and means of approach to the allotments as may be necessary;
  3. (3.) The trustees shall, for the purposes of all rates, taxes, tithes, and tithe rent-charge be deemed to be the occupiers of the allotments;
  4. (4.) One person shall not hold any allotment or allotments exceeding one acre;
  5. (5.) No building whatever shall be erected for or used as a dwelling or workshop on any part of any allotment, and if any building is so erected or used, the trustees shall forthwith pull down the same and sell and dispose of the materials thereof, and the proceeds of the sale shall be applicable in like manner as the rent of the allotment;
  6. (6.) If at any time the trustees are unable to let any allotment or any portion thereof, they may let the same or such portion thereof as may be unlet, to any person whatever at the best annual rent which can be obtained for the same, without any premium or fine, and on such terms as may enable them to resume possession thereof within a period not exceeding twelve months if it should at any time be required to be let for allotments; but such letting shall not be deemed to exonerate the trustees from giving public notice under the foregoing provisions of this section,"

Motion agreed to; Clause inserted accordingly.

MR. HIBBERT

moved the insertion of the following Clause, to follow the preceding Clause:—

(Provision for allotments in scheme of Charity Commissioners.)

Where a scheme is made by the Charity Commissioners after the passing of this Act in relation to any charity, and part of the endowment of such charity consists of land other than buildings and the appurtenances of buildings, the Charity Commissioners shall insert in such scheme a provision authorising the trustees of the charity to set apart portions of the said lands for allotments, and the same may be set apart and let as allotments in like manner as is directed by this Act.

Motion agreed to; Clause inserted accordingly.

MR. HIBBERT

moved the following Schedule:—

Schedule.

(Regulations as to public Notices and Lettings.)

"1. Public notice, for the purposes of this Act, shall be given by fixing the notice on the doors of the church of the parish in which the land referred to in the notice is situate, and if there is no church, then on some public building or conspicuous place therein.

"2. Public notice of the setting apart under this Act of a field or portion of land shall be given in the month of February, or such other month as the trustees may fix, and the first notice shall be given in the said month next after the passing of this Act, and if not so given shall be given as soon as may be afterwards, at such time as may be fixed by the trustees, or in case of their default, by the county court judge for the district in which the land is situate, or by the Charity Commissioners.

(Letting.)

"3. The public notice of the intention to let an allotment out of land when set apart, shall specify the amount of land to be let, and the rent per acre or rod to be paid, and the place and time at which applications are to be made, and shall be given annually in the month of June, or in such other month as may be fixed by, or in pursuance of, rules under this Act: Provided, That, in any year in which there will be no allotment vacant out of land already set apart, it shall not be necessary to give such notice.

"4. The first public notice of the intention to let an allotment shall be given in the month of June next after the trustees obtain possession of the allotment, or at such other time not more than one month later, as may be fixed by or in pursuance of rules under this Act; and, if not so given, shall be given at such time as may be fixed by the county court judge for the district in which the land is situate, or by the Charity Commissioners.

"5. The time for applications for allotments out of land when already set apart shall be the month of August, or such other month as may be fixed by or in pursuance of rules under this Act.

"6. The allotments shall be let to persons in the order in which they apply, or in accordance with such other order as may be provided by rules under this Act, so that there shall be no undue preference shown as regards the persons to whom they are let.

"7. Each allotment shall be let on a yearly tenancy beginning at Michaelmas Day, or at such other day as may be fixed by or in pursuance of rules under this Act."

Motion agreed to.

House resumed.

Bill reported; as amended, to be considered upon Monday next.