LORD CAMPBELL, in moving the Order of the Day for taking into consideration the Commons' Amendments to their Lordships' Amendments on this Bill, and the reasons which they assigned for insisting 961 on their Amendments, observed that this was a Bill which had received very much consideration. On coming up from the House of Commons, it was referred to a Select Committee of their Lordships' House, where considerable alterations and amendments were introduced. When the Bill went down to the other House, he must say that there was every disposition to accept the Amendments of their Lordships; and the Government did all in their power that these Amendments might be adopted. Of the numerous Amendments introduced by their Lordships, the Commons adopted all, without any modification, except two. These two were so very different from each other that it would be much more convenient to consider them separately, and therefore he should begin with the first Amendment made by the House of Commons on the Amendments of their Lordships. They had substituted the word "net" for the word "gross" in the clause relating to estates where part of the land was subject to a receiver, or in the possession of an encumbrancer. The Commons were almost unanimous on that point; and he thought that his noble and learned Friend would agree to that Amendment, because otherwise the object of the Bill would be defeated altogether. As the clause was framed by their Lordships, an estate might produce nothing, and yet it could not be sold. He moved, therefore, that their Lordships do agree to this Amendment of the Commons.
LORD STANLEYcould not say that he thought the Amendment made by the Commons an improvement in the Bill. At the same time, as very great improvements had been made in the Bill in its progress through Committee, and as the Commons adopted the principle laid down by their Lordships, and the alteration related to a matter of detail, he should not move their Lordships to reject the Amendment.
LORD BROUGHAMentirely agreed with what had just fallen from his noble Friend, and should offer no opposition to the Amendment.
§ Amendment agreed to.
LORD CAMPBELLsaid, that the second Amendment which had been introduced in to the Bill, was to the effect that no "Usher's poundage" should be received upon the payment of money into the Court of Chancery, which was the product of the sale of estates sold by order of the Commissioners under this Act. When this clause came before the Committee of their 962 Lordships, he was informed that the present usher of the Court of Chancery held a patent, by which he was entitled to poundage upon all moneys whatever paid into the Court of Chancery, and the clause was accordingly struck out. He had, however, since learned, upon the highest authority, that all moneys paid into the Court of Chancery, arising from the sales of estates sold under the decrees of that court, were exempted from the payment of this poundage. He had, therefore, to move that their Lordships agree to the Commons' Amendment.
§ Amendment agreed to.