§ (1) Any immediate lessor who under this Act pays any Mineral Eights Duty, and is himself a lessee of the right to work the minerals or of the wayleave in respect of which the duty is paid, shall be entitled to deduct from the rent paid by him in respect of the right to work the minerals or the wayleave, as the case may be, to his lessor a sum equal to the Mineral Rights Duty on a rental value of the same amount as the rent so paid; and any person from whose rent any such deduction is made may make a similar deduction from any rent paid by him in respect of the right to work the minerals or in respect of the wayleave, as the case may be.1222
§ (2) Any person in receipt of rent from which a deduction may be made under this Section shall allow the deduction, and the person making the deduction shall be discharged from the payment of an amount of rent equal to the amount deducted, and any contract for the payment of rent without allowing such a deduction shall be void.
§ (3) If any person refuses to allow a deduction which he is required to allow under this Section he shall forfeit the sum of fifty pounds.
§ Clause read a second time.
§ Mr. WATSON RUTHERFORD moved in Sub-section (3) to leave out the words "forfeit the sum of fifty pounds," and to insert instead thereof the words "be liable to a penalty not exceeding fifty pounds, to be recovered in the High Court."1223
§ Question, "That the words proposed to be left out stand part of the Clause," put, and negatived.
§ Question proposed, "That the words proposed be there inserted."
§ Mr. PRETYMAN
It is a question whether those words are necessary, having regard to the preceding section.
§ Sir W. ROBSON
There is a statutory obligation, and there must be a penalty, though I agree it should be made elastic to meet ordinary cases. The insertion of the words "not exceeding" a certain sum would apply to all wilful refusals, and there would still be a substantial penalty in hand for more serious cases.
§ Committee report Progress; to sit again to-morrow (Wednesday).