HL Deb 14 July 1876 vol 230 cc1431-2

Field Gardens and Recreation Grounds.

Clause 21 (Expenses of clearing, draining, and fencing field gardens.)

THE EARL OF POWIS

said, the clause enacted that the valuer should cause every allotment made for a field garden to be cleared, drained, fenced, levelled, and otherwise made fit for immediate use and occupation; and the expenses incurred by the valuer under this section should be paid as part of the general expenses of the inclosure. This introduced quite a new principle, and he moved that it be struck out. The fencing would be done as part of the inclosure under the existing law. The preparing of the ground should be done by the local authority, in whom the garden would be vested, and who would repay themselves out of the rents.

THE DUKE OF MARLBOROUGH

was in favour of the provision, which he thought only carried out the principle of the Bill.

THE MARQUESS OF BATH

said, it was very difficult to understand the meaning of the clause. No valuer, he thought, would be able to apportion the expenses of the valuation.

THE LORD CHANCELLOR

said, that the Government were of opinion that drainage should be part of the general scheme in regard to any inclosure, and the clause would keep everything under one system. He should therefore oppose the omission of the clause.

On Question, whether to omit? resolved in the negative.

Clause agreed to.

Clauses 22 to 29, inclusive, agreed to.

Clause 30 (Jurisdiction of County Court in respect of illegal inclosures.)

LORD ABERDARE

asked whether the jurisdiction to be given to the County Courts in respect of illegal inclosures would extend to preventing those who sunk pits for coals or other minerals from tipping the waste, or spoil, or rubbish on any common lands?

THE LORD CHANCELLOR

said, that the only answer which he could give was, that if such rights existed now in respect of spoil and so forth, the County Court Judges would have no power to interfere; but if such rights did not exist they would have jurisdiction.

Clause agreed to.

Clauses 31 and 32 agreed to.

General Amendments.

Clauses 33 and 34 agreed to.