HL Deb 07 June 1864 vol 175 cc1350-2

House in Committee (according to Order).

Clauses 1 to 13 agreed to.

Clause 14 (Exception from Incorporation of Provisions as to Sale of Superfluous Lands).

THE EARL OF POWIS

moved to omit certain words which gave to the Admiralty power to sell surplus lands to others than the original owners. The power of selling surplus lands was of recent date, and he thought the Admiralty ought not to possess a power which might be exercised to the injury of individuals. If the Admiralty happened to buy land for the purpose of erecting defences or making docks, and afterwards found that they had some which they did not want, it was not right that it should be sold in the market, and thus deprive the original owner of the right of pre-emption.

THE DUKE OF SOMERSET

thought the noble Earl had misunderstood the effect of the Bill, which contained no compulsory powers. By the terms of the Land Clauses Act land not required was to be offered to the original owners, if it were situate in the country, but if it were situate in a town, or was fit for building purposes, then it was to be sold generally. The Admiralty did not generally require to purchase land in the country, but bought it in the neighbourhood of towns. Thus, they had recently bought a street of houses in Plymouth, and if they were to resell the land to the former owners these persons would immediately rebuild a class of houses which it had been the desire of the Admiralty to get rid of for the benefit of the public service.

THE EARL OF DONOUGHMORE

was understood to have supported the Amendment.

THE LORD CHANCELLOR

defended the clause. It would not be wise to impose these restrictions on the Admiralty. The land was taken by agreement, not compulsorily, under the Lands Clauses Act.

EARL DE GREY AND RIPON

said, that the Amendment would have the effect of imposing greater restrictions upon the Admiralty than were applied by the War Department.

THE EARL OF POWIS

said, the land under the Lands Clauses Consolidation Act was taken by agreement, not compulsorily. By the proposed clause the land would be taken compulsorily.

THE LORD CHANCELLOR

denied that that was the effect of the Bill.

THE EARL OF DERBY

said, that the power sought to be taken by the Admiralty was certainly of a compulsory character. It appeared to him that the Admiralty ought to act under the same restrictions as were imposed by the Lands Clauses Consolidation Act. The noble Duke (the Duke of Somerset) admitted that the Admiralty desired to have the power of taking not only the land that was actually necessary for the purposes under the Bill, but also of acquiring possession of buildings and land in the immediate neighbourhood, with a view to a sale of the latter, as the noble Duke appeared to intimate, to persons who would make a better use of them than the owners.

THE DUKE OF SOMERSET

observed, that the object they had in view was to secure decency and order in the neighbourhood of those lands. He would, however, undertake to have the clause so framed that would carry out the view of the noble Earl.

Amendment withdrawn.

Clause agreed to.

Amendments made: the Report thereof to be received on Monday next; and Bill to be printed as amended. (No. 119.)

    c1352
  1. FACILITIES FOR DIVINE SERVICE IN COLLEGIATE SCHOOLS BILL [H.L.] 53 words