HC Deb 11 May 1849 vol 105 cc361-2
The SOLICITOR GENERAL

, in moving the Second Reading of this Bill, said that it was one of considerable importance in cases where a lease was made under the exercise of a power given to any person having a limited interest given either by deed or will. There were two defects—one where the number of witnesses was not sufficient, and the other where the lease was executed under a power given by will and not by deed. In both of these cases the Court of Chancery supplied the omissions; but there were other defects to remedy, which the Court of Chancery was not in the habit of interfering with, and which were only taken advantage of for purposes that he might say were not honest ones. For instance, a person having certain property on the hanks of the Thames, the tenant for life, in connexion with the remainder-man, obtained an Act of Parliament to authorise the granting of building leases, with the usual proviso of the best rent being reserved in the leases. In the leases a peppercorn rent was reserved for the first year, the rent in future years being proportionably higher, in consequence. But the peppercorn rent not coming under the term "best" rent in the Act of Parliament, the leases became invalid, and the tenants forfeited their capital expended in building. The present Act provided a remedy for that and other injustices; and another Bill which he intended asking the House to read a second time also, would extend even still greater facilities to the granting of such leases in Ireland.

Bill read a second time, and committed for Monday next.