§ On the Motion of the Earl of Rosebery, their Lordships resolved themselves into a Committee of the whole House on the Entails (Scotland) Bill.
§ The 1st and 2nd Clauses were agreed to.
§ On the 3rd Clause,
The Earl of Mansfieldrose to move, that it be expunged. He objected to it because it gave to heirs of entail a power to grant interminable leases, which they were expressly forbidden to do by the entails themselves. Many persons he knew were desirous, particularly since the Reform Act passed, to prevent building on their estates, which it was the object of this clause to allow. He knew that a man could not take his property to the grave with him, but it had not yet been, and he hoped it never would be declared in that Assembly, that no man should possess the means of controlling the application of his property after his death. He would divide the House on the question, that it be expunged.
The Earl of Roseberysupported the clause; he thought he had so modified it in the Select Committee as to ensure the noble Earl's approbation.
§ The Earl of Devoncould not consent to such an immense alteration as this clause would make in the law without some absolute necessity, and none such had been shown to exist. Some restriction should be preserved over the distribution of land, and this clause must be put out.
§ The Committee divided on the original motion: Contents 17; Not Contents 27— Majority 10.
§ Clause struck out.
§ The remainder of the clauses were agreed to. The House resumed.