HL Deb 06 August 1860 vol 160 cc687-9

Amendments Reported (according to order).

EARL GRANVILLE

moved to insert the following Clause:— Every Annuity created in pursuance of this Part of this Act shall be a Charge on the Lands comprised in the Order, having, unless the Judge otherwise order, Priority over all existing and future Estates, Interests, and Incumbrances, with the Exception of Quit-rents and other Charges incident to Tenure, Tithe Commutation, Rent-charges, and any Charges created under any Act authorizing Advances of Public Money, or under any Act creating Charges in respect of Improvements on Lands and passed before this Act, with the Exception also in Cases where the Lands placed in Settlement are subject to a Fee-farm Rent or held of a superior Landlord under a Lease reserving Rent of such Fee-farm Rent or Rent reserved as aforesaid; but the Judge shall have power to postpone the said Annuity to any Charge or Incumbrance which he shall think proper to specify in the Order.

THE MARQUESS OF WESTMEATH

denounced this measure as ex post facto legislation of the most unjust character. It would displace the man who had lent his money upon land for valuable consideration, by putting him at the foot of the list of encumbrancers, instead of at the head of it.

VISCOUNT DUNGANNON

concurred in the objections which had been taken to the Bill, which he thought uncalled for and mischievous.

EARL GRANVILLE

was understood to defend the measure.

THE MARQUESS OF BATH

pointed out the disadvantageous position in which the jointure holder would be placed by these provisions.

THE MARQUESS OF CLANRICARDE

said, the object of the Bill being the improvement of land, its effect would naturally be to increase the value of the security of the jointure holder and all the other parties concerned. If that were not so, the measure ought not to be passed at all.

After a few words from the Earl of DONOUGHMORE and the LORD CHANCELLOR,

On Question, Whether the said Clause shall be there inserted?

Their Lordships divided:—Contents 36; Not-Contents 4: Majority 32.

Clause agreed to.

THE MARQUESS OF WESTMEATH

proposed the addition of words, in Clause 25, after the word "husbandry," to prevent the tenant from taking two white crops off the land successively. The Bill contemplated improved husbandry, and the insertion of words to that effect would tend at least to show what was not good husbandry. THE LORD CHANCELLOR said, the effect of the words would be to sanction every other violation of good husbandry.

On Question, Resolved in the negative.

Further Amendments made. The Bill to be read 3a To-morrow.