§ House in Committee (according to order).
§ Clauses 1 to 3 agreed to.
§ Clause 4 (Certain goods exempted from distress as under County Court Acts, 9 & 10 Vict. c. 95, s. 96).
§ LORD BRAMWELLsaid, he rose to propose an Amendment to the effect that where a man owed rent and remained in possession, the term of tenancy having expired and the tenant having no right to remain in possession, this section should not apply. The case of a tenant was different to any other debtor, and some compulsion should be put upon him to give up possession and prevent him from holding over. 1464 Tenants sometimes held over until a bribe was offered or a gift of money. If this Amendment were not accepted, holding over would be more frequent. He quite agreed that in ordinary cases of distress goods which were privileged from being seized under an execution should be likewise privileged from distress. But cases were very numerous in which a tenant set his landlord at defiance, and at the shortest it took six weeks for the landlord to evict him, during which time he remained in occupation without paying any rent. This continuing in possession was dishonest, and the privilege ought to be extended to such cases. It was not in the interest of large but of small landlords that he brought forward this Amendment. He had received a number of communications on this subject, and an association in Liverpool had stated that landlords, as a rule, would be very glad to give up entirely the right of distraint if a more summary process of eviction was established. Until that more summary process was established, he thought it would be no hardship to deny privilege from distress to all goods, of whatsoever nature, of a tenant who overheld. The Amendment provided that even in these cases the distress should not take place until after six days from demand had elapsed.
Amendment moved,
In page 1, at end of clause 4 add—"Provided that this enactment shall not extend to any case where the lease, term, or interest of the tenant has expired, and where possession of the premises in respect of which the rent is claimed has been demanded and where the distress is made not earlier than seven days after such demand."—(The Lord Bramwell.)
§ LORD HERSCHELLsaid, his attention had also been called to the difficulty experienced by landlords in obtaining possession of their premises from tenants under the existing procedure. It certainly was a matter to be considered whether the law ought not to be amended so as to expedite the procedure; but that could not be done in the present Bill. He would not, however, oppose the Amendment; but it was open to the objection that it attempted to do indirectly what ought, if at all, to be done directly.
§ Motion agreed to.
§ Clause, as amended, agreed to.
§ Clause 5 (Distress to be levied by certified bailiffs as under the Agricul- 1465 tural Holdings Acts, 46 & 47 Vict. e. 61, s. 52).
§ LORD HERSCHELLmoved an Amendment providing for the appointment of bailiffs by County Court Judges. The Amendment laid down that no person should act as a bailiff without a certificate, but that a certificate might be given, for use on one occasion only. This would enable landlords to employ particular persons as bailiffs on special occasions. The right of granting certificates would be vested in County Court Judges, who would be empowered to delegate the power to their Registrars. He thought the same principle should be adopted with regard to the Agricultural Holdings Act, and unless he heard anything which would induce him to think otherwise, he would at a later stage move to include distraints under that Act.
§
Amendment moved,
In line 20, leave out from ("and") to ("bailiffs") in line 24 inclusive, and insert ("such certificate may be general or apply to a particular distress or distresses, and may be granted at any time after the passing of this Act in such manner as may be prescribed by rules under this Act"); in line 24, leave out ("so appointed") and insert ("holding a certificate"); and in line 28, leave out ("appointment") and insert ("certificate").—(The Lord Herschell.)
§ Motion agreed to.
§ Clause, as amended, agreed to.
§ Clause 6 (Power to make rules).
§ LORD HERSCHELLproposed that rules should be framed to apply to fees and expenses of distraints, as sometimes gross extortions were perpetrated; and he would propose, too, that they should not be limited to £20 as now, but apply to cases up to £50, and even larger sums.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ LORD HERSCHELLmoved the insertion of, after Clause 6, a New Clause, making appraisement unnecessary in cases of distress. Appraisements involved expense, which fell upon the tenant, and neither the landlord nor the tenant was benefited. But he would give power to a tenant to require an appraisement if he wished to have one.
§
Moved, after Clause 6, to insert the following Clause:—
1466
From and after the commencement of this Act no appraisement of the value of any goods and chattels taken under a distress for rent shall be requisite, and the tenant shall not be liable for the expenses of any appraisement unless such appraisement be made on his request in writing."—(The Lord Herschell.)
§ THE PRIME MINISTER AND SECRETARY OF STATE FOR FOREIGN AFFAIRS (The Marquess of SALISBURY)pointed out that in many cases distress to be successful should be carried out without delay. He was afraid that delays would occur under this Bill.
§ LORD HERSCHELLsaid, he would make provision against delays.
§ Clause agreed to.
§ Clause 7 agreed to.
§ Bill to be printed, as amended. (No. 23.)