HC Deb 20 June 1878 vol 240 cc1888-90

Bill considered in Committee.

(In the Committee.)

Clause 58 (Intimation to creditors); Clause 59 (Revised list of debts to be made up); Clause 60 (Revised list to be open to inspection); and Clause 61 (Debts affecting counties and burghs may be compromised), severally agreed to.

Clause 62 (Valuation of debts).

COLONEL ALEXANDER,

in moving, in page 32, lines 38 and 39, to leave out "said debt Commissioners" and insert "Sheriff," said, the object of his Amendment was to provide that the Sheriff of the county, who had more legal knowledge and was more competent to deal with, the matter, should determine the valuation rather than the Debt Commissioners. If the Amendment were objected to, he was not anxious to press it.

THE LORD ADVOCATE

said, that this Amendment was in a much worse position than those of a similar nature which had been previously moved by the hon. and gallant Member, for this reason—that the work to be performed by the Sheriff would be purely accountant's work, and not official work at all.

Amendment, by leave, withdrawn.

SIR WINDHAM ANSTRUTHER moved, in line 36, the omission of the word "generally," so as to make it incumbent upon the Debt Commissioners in every case to take into consideration every circumstance which might, in his opinion, reduce, enhance, or in any way affect the value.

THE LORD ADVOCATE

said, he did not object to the omission of the word "generally," if it was not to be followed up by any other alteration of the clause. It appeared to him that the words following were necessary in order to indicate to the Debt Commissioner not only that he had a full discretion in these matters, but that he was bound to exercise it.

Amendment agreed to.

Clause, as amended, agreed, to.

Clause 63 (Allocation of debts on roads in two or more counties).

MR. J. W. BARCLAY moved to insert, after the words "roads, highway, or bridge partly situated in," the words "or may be a burden upon two or more counties in Scotland, &c." The clause, as it stood, provided for all cases of joint bridges, except such as were under the provisions of Clause 85. That clause referred to certain exceptional bridges, and the object of his Amendment was to provide that the parties interested in those bridges should have the same power of effecting a compromise as they had in regard to other joint bridges under the Bill.

Amendment agreed to.

MR. J. W. BARCLAY

then moved, in lines 38 and 39, to omit the words "including a reasonable fee to the Debt Commissioners." The object of the Amendment was to provide that the Debt Commissioners should be paid by the Government, and not by the several counties. He thought it would be an exceptional proceeding for the Government to appoint an officer who was to be paid by the several counties and districts. The cost of the various arbitrations might be rendered very expensive, particularly if the Debt Commissioner was to be paid by the parties interested. A much more economical scale was likely to be adopted if the officer were paid by the Government; and it would, he thought, facilitate the settlement of the question if the officer, during the two or three years he would be called upon to act, were paid a certain sum by the Government.

THE LORD ADVOCATE

said, he could not accept the Amendment. It was only right and fair that the arbitration, which involved questions in dispute between the parties, should be paid for by the parties themselves.

Amendment negatived.

Clause, as amended, agreed to.

Clause 64 (Allocation of debts between landward parts of counties and burghs).

MR. J. W. BARCLAY moved, in line 2, after the words "partly within," to insert the words "or made a burden on." This was an Amendment similar to that which had been inserted in the previous clause.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 65 (Debts to be charged against counties and burghs, and to bear interest. Certificates of debt to be granted); and Clause 66 (Extinction of debts not charged in terms of Act), severally agreed to.

Clause 67 (Certain road debts may be charged on entailed estates by bond and disposition in security).

THE LORD ADVOCATE moved, in page 36, line 19, to leave out the words "under the preceding section," and insert "hereinbefore."

Amendment agreed to.

Clause, as amended, agreed to.