§ Commons Amendments considered (according to Order).
THE BISHOP OF LONDONhoped that their Lordships would not agree with all the Amendments, as he considered some of them injurious in their operation, especially the clause relating to the computation of the duration of lives, which he thought ought not to be made at a uniform rate of interest. The Amendments intended to carry into effect a principle embodied in a Report which their Lordships had rejected on a former occasion. The lessees, he thought, had no ground of complaint; and under the present system no less than 621 estates had been enfranchised in a satisfactory manner. He thought, therefore, they ought not to consent to any alteration in that system, especially as at this period of the Session they could not proceed to a minute discussion of the Amendments.
§ THE EARL OF CHICHESTERalso opposed the Amendments, on much the same ground as had been stated by the right rev. Prelate—namely, that they sought to introduce into an Act which was intended to facilitate the enfranchisement of church property a compulsory power with respect to arbitration; and anything which had that effect was highly objectionable. He particularly opposed the mode of computation provided in the Clause H—namely, that laid down by the Episcopal and Capitular Revenues Commissioners in their Report of 1850.
§ EARL GRANVILLEsaid, he could not deny that there was considerable force in the objections which the right rev. Prelate had stated to the clause relating to the computations on the duration of lives, and he should, therefore, be ready to amend it by the omission of the words "and such computation shall be made throughout at a uniform rate of interest," as suggested by the right rev. Prelate. He must say he did not see any force in the objections taken by the noble Earl (the Earl of Chichester) to the clause rendering arbitration compulsory in cases where proposals for enfranchisement were made to the Commissioners, especially as the noble 1395 Earl expressly assented to arbitration being made permissive.
§ Clause amended.
§ THE EARL OF CHICHESTERmoved to strike out certain words in Clause H, which would have the effect of leaving the clause as follows—
In computing the due regard to be paid to the just and reasonable claims of the present holders of lands under lease or otherwise, arising from the long-continued practice of renewal, the basis of compensation may, at the discretion and with the approval of the Church Estates Commissioners, be according to the recommendations laid down in the Lords' Report on the same subject in 1851.On Motion that the clause, as originally worded, stand part of the Bill, their Lordships divided:—Content 16; Not Content 11: Majority 5.Amendment negatived.
Several Amendments agreed to; other Amendments agreed to, with Amendments; and other Amendments objected to; and (after Debate) agreed to, with Amendments; and Bill, with the Amendments, returned to the Commons.