HL Deb 12 August 1881 vol 264 cc1707-9

The Lords disagree to the Amendment made by the Commons to the Lords' Amendment in page 2, line 5, which inserts ("and substantially maintained") for the following Reason:—

Because the words "substantially maintained" might be construed to exclude cases to which it is apparently the desire of both Houses that the Clause should apply; but the Lords propose to insert in lieu thereof the words ("or acquired and have in the main been upheld") and in the next line to leave out the first ("and")and insert "or."

The Lords insist on their Amendment in page 6, lines 3 and 4, to which the Commons have disagreed, for the following Reason:—

Because it is essential that there should be no doubt that, during the continuance of a statutory term, mines and minerals, coals, and coal-pits are the exclusive property of the landlord, and that the tenant should have express notice thereof; but the Lords propose to leave out from ("coalpits") in line 3 of the said Amendment to ("shall") in line 8.

The Lords insist on their Amendment in page 6, line 8, to which the Commons have disagreed, for the following Reason:—

Because there is apparently no ground for giving any preference to the landlord who is desirous of increasing his rent.

The Lords insist on their Amendment in page 6, line 37, to which the Commons have disagreed, for the following Reason:—

Because their Lordships consider it necessary to impose a closer limit upon sums to be given as compensation for disturbance.

The Lords insist on their Amendment in page 8, line 20, to which the Commons have disagreed, for the following Reason:—

Because the words are wholly unnecessary for the purposes of the clause; are likely to raise unfounded expectations in the minds of some classes in Ireland; and may give rise to misapprehension on the part of the Court.

The Lords insist on their Amendment in page 8, line 23, to which the Commons have disagreed, for the following Reason:—

Because it is expedient that the tenant should be made aware by an express declaration that in the case of his causing or suffering his holding to become deteriorated, contrary to the express or implied conditions constituting his contract of tenancy, the Court may refuse an application to fix a fair rent unconditionally or conditionally; but propose to omit from their Amendment the words ("or his predecessors in title") and the words ("or have").

The Lords insist on their Amendment in page 8, line 35, to which the Commons have disagreed, for the following Reason:—

Because it is very desirable that the power of resumption should be subject to as little restriction as is consistent with the interests and claims of the occupiers; and propose as a consequential Amendment to leave out from ("conditions") in line 34 to the end of line 35.

The Lords disagree to the Amendment made by the Commons to the Lords' Amendment in page 9, line 16, which inserts ("and substantially maintained") for the Reason assigned for disagreeing to the Amendment in page 2, line 5.

The Lords insist on their Amendment in page 11, line 12, for the Reason given for insisting on the Amendment in page 8, line 20.

The Lords insist on their Amendment in page 16, line 9, to which the Commons have disagreed, for the following Reason:—

Because it is unjust that those who have covenanted to give back possession of land to a lessor on termination of a lease should be relieved by Parliament from the obligation of doing so without any compensation being provided for the lessor.

The Lords insist on their Amendment in page 39, lines 22 to 30, to which the Commons have disagreed, for the following Reason:—

Because it is inexpedient and unjust to creditors to postpone the time for the recovery of their just debts without relieving them from the public or private obligations to which they are themselves liable.

With the preceding exceptions the Lords do not insist on their Amendments to which the Commons have disagreed and agree to the Amendments made by the Commons to the Lords' Amendments and to the Commons' consequential Amendment to the Bill.

House adjourned at One o'clock A.M., to Monday next, a quarter before Five o'clock.