§
Motion made, and Question proposed,
That leave be given to bring in a Bill for amending the Law relating to Agricultural Holdings in Scotland."—(The lord Advocate.)
§ MR. J. W. BARCLAYasked whether the proposed Bill dealt with the Law of Hypothec in Scotland, and whether its provisions were at all similar to those of the English Bill?
§ MR. JAMES HOWARDsaid, he had spent a good many years in bringing this question to the front, and he was very deeply disappointed with the statement which had been made by the right hon. Gentleman upon the English Bill, and—
§ MR. SPEAKERThe Question before the House is that leave be given to the right hon. and learned Gentleman the Lord Advocate to bring in a Bill for amending the Law relating to Agricultural Holdings in Scotland.
THE LORD ADVOCATE (Mr. J. B. BALFOUR)At this late hour of the evening I do not propose to go into any de- 517 tailed explanation of the Bill which I now ask leave to bring in. The object of the measure is to apply to Scotland the principles of the measure relating to compensation for tenants' improvements which my right hon. Friend the Chancellor of the Duchy of Lancaster has just now explained. It is essentially the application to Scotland of the principles of that Bill. As we have not had an Agricultural Holdings Act for Scotland similar to the English Act of 1875, there has been a necessity to expand some of the provisions of the Bill in that respect, inasmuch as we require to state the machinery by which we propose to work out the provisions of the Bill if it becomes law. In regard to those other questions which my hon. Friend the Member for Forfarshire (Mr. Barclay) has indicated, I must point out to him that those Amendments which are proposed to be introduced into the Law of Distraint by the English Bill do not in that matter place the agricultural tenant in England in as favourable a position as that of the Scotch tenant under the existing law in Scotland. Under these circumstances, I do not know that my hon. Friend expects that we should deal with the matter to which he refers—namely, the question of Hypothec, which has been so recently under the cognizance of Parliament as 1880, there having been in that year a Bill which substantially abolished the Law of Hypothec, except in regard to existing leases. No doubt there were certain provisions contained in that Bill of a compensatory nature; but, undoubtedly, the Law of Hypothec was abolished so lately as 1880; and, therefore, in the two countries the matter is in no way in the same position. We are very much in advance of what is proposed to be introduced in England by the English Bill. I think I may sufficiently explain the nature of the Scotch Bill by saying that it is substantially the application to Scotland of the principles of the Bill explained by the Chancellor of the Duchy of Lancaster.
§ Motion agreed to.
§ Bill ordered to be brought in by The LORD ADVOCATE and Mr. SOLICITOR GENERAL for SCOTLAND.
§ Bill presented, and read the first time. [Bill 190.]
518§ MR. J. W. BARCLAYasked when the Bill would be in the hands of Members?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)said, he hoped both the Scotch Bills would be in the hands of Members on Saturday morning. There might be a few copies in the Vote Office tomorrow.