HC Deb 28 July 1896 vol 43 cc832-4

"The alienation to one person only of a holding by way of mortgage, or otherwise than for consideration in money or money's worth, shall he subject to the provisions of Sub-section 6 of Section 1 of the Land Law (Ireland) Act, 1881, but shall not in other respects be deemed a sale within the meaning either of that section or of the 6th Sub-section of Section 8 of that Act."

He explained that this clause was the outcome of the consideration which he promised to give to the Amendment put down by the hon. Member for Cork. The proposal made was that the mortgage of a holding, or an assignment of it where no consideration passed, should not be a sale under the terms of Section 1 of the Land Act of 1881; in other words, the Government proposed in this case that the landlord was not to have the right of pre-emption. On the other hand, they proposed to retain to the landlord his right to veto a transference. Of course that veto must be exercised reasonably, and the reasonableness would be subject to the review of the Court. He hoped that this proposal would meet substantially the suggestion made by the hon. Member for Cork, and He thought it would relieve the tenant of whatever hardship existed in the case of family settlement or mortgage to which the hon. Gentleman had referred.

Clause read a First time.


said he was obliged to the right hon. Gentleman for having brought up the clause, but he regretted to say that, as drawn, it would not apply in one case in a thousand of the cases which he had in his mind and to which he drew attention. His desire when he raised the question was to place a case of family settlement inter vivos in practically the same position as if it were being made by the will of a deceased person. When the owner of a farm was making his will he had power under the Land Act to leave the farm to one person, and then he went on to provide for the other members of his family, generally by a charge on the farm. The defect of the clause was the use of the words "money or money's worth." What the tenant did was to make over his farm to his eldest son; it was all the means he had, and he was bound to do something for the other members of his family. He provided for them, and the son's wife brought in a dowry which was handed over to the tenant. In 999 cases out of a thousand of those marriage assignments there was always money passing in connection with the transaction; but it was not a sale in the ordinary sense, nor did the money represent the value of the farm, it represented the dowry brought in by the wife on marriage. He asked the right hon. Gentleman, if he could not adopt his clause, to strike out the words "for consideration in money or money's worth."

Clause read a Second time.


said that he thought the object of the hon. Member for Cork would be met by the insertion after the word "mortgage" of the words "or family settlements, or where marriage forms a portion of the consideration." He moved the insertion of those words.

Amendment agreed to.

Clause, as amended, added to the Bill.

MR. VESEY KNOX (Londonderry) moved the following clause:—