HL Deb 16 August 1883 vol 283 cc691-5

Order of the Day for the Third Reading read.

The Queen's consent and the consent of His Royal Highness the Prince of Wales, in right of his Duchy of Cornwall, signified.

Moved, "That the Bill be now read 3a."—(The Lord President.)

THE EARL OF WEMYSS

said, he begged to present four Petitions against the Bill, one of them being from the Manchester and Salford Householders' Association, in which the Petitioners said— They could not help feeling that the principle involved in the Bill was one which, if admitted in the case of agriculture, would lead to similar interference in other branches of trade and commerce. They therefore submitted that, for the great principle of freedom of contract, the substitution of State regulation could not be regarded as in any way advantageous to the country at large. He would, therefore, as a matter of form, and also of principle, move that the Bill be read a third time that day three months.

Amendment moved, to leave out ("now") and add at the end of the Motion ("this day three months.")—(The Earl of Wemyss.)

LORD ELLENBOROUGH

said, he wished to take that, the last opportunity, of entering his protest against the Bill as it stood, and he did so on the ground that it was unnecessary, since all that was just and fair in it, as between landlord and tenant, was in practice. Another grave objection was the unnecessary late period of the Session at which it had been introduced, thus preventing the Bill being adequately discussed. His fear was that the word "improvements" in it would lead to almost endless litigation, unless it were qualified by the word "efficient;" further definition being required in this particular, together with other portions of the Bill. He further deprecated hasty legislation on this, in common with other subjects, at the end of a Session. As in the case of the Irish Land Bill, it would greatly injure small proprietors, whom those holding extreme opinions on all political subjects professed their desire to see increased; and in respect to the smaller tenants, they would ultimately be entirely swept away as regarded this country, although this class of tenants, under the Irish Land Bill, had acquired rights that were not contemplated by Parliament. And with legislation thus hastily passed for Party purposes, there was no assurance that such a measure as the Bill before the House would not very shortly be followed by another measure of a similar kind.

On Question, "That ('now') stand part of the Motion?" Resolved in the affirmative.

Bill read 3a accordingly, with the Amendments.

Moved, "That the Bill do pass."—(The Lord President.)

Clause 4 (Notice to landlord as to improvement in second part of schedule).

THE DUKE OF ARGYLL

begged to move an Amendment on the last subsection of the clause giving landlords and tenants, if they thought fit, "in a lease or otherwise," to dispense with any notice under the section the right to come to an agreement between themselves, in the same manner and of the same validity as if such notice had been given, his Amendment being confined to the introduction of the words "in a lease or otherwise." He considered this a very important Proviso. The healthy system of leases was already beginning to be undermined. Some tenants were unwilling to be bound by long leases; and he had heard of a large estate in the South-West of Scotland where the 19 years' system had been abandoned, and yearly tenancies adopted.

Amendment moved, in page 3, line 5, after ("agreement") to insert ("in a lease or otherwise.)"—(The Duke of Argyll.)

THE MARQUESS OF SALISBURY

said, he doubted whether the words would not be open to misconstruction, though he quite agreed in the object of the noble Duke.

LORD CARLINGFORD (LORD PRESIDENT of the COUNCIL)

said, he doubted the necessity of these additional words; but he thought them quite right, and would accept the Amendment.

THE DUKE OF ARGYLL

said, he considered that a very important concession.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 30 (Incidence of charge).

LORD CARLINGFORD (LORD PRESIDENT of the COUNCIL) moved to add the following as a separate paragraph at the end of the clause:— Capital money arising under the Settled Land Act, 1882, may be applied in payment of any costs incurred by a landlord under or in pursuance of this Act in or about the execution of any improvement mentioned, in the first or second parts of the schedule hereto, as for an improvement authorised by the said Settled Land Act, and such money may also be applied in discharge of any charge created on a holding under or in pursuance of this Act, in respect of any such improvement as aforesaid, as in discharge of an in cumbrance authorised by the said Settled Land Act to be discharged out of such capital money. Those words were for the purpose of carrying out a suggestion made by a noble Earl opposite (the Earl of Carnarvon). The effect was simply this. Under the Settled Land Act, 1882, there was a long list of improvements capable of being executed by the landlord under the control of the Court, by means of what the Act called the capital trust money of the estate; but in that list of improvements there were two in Part I. of the Schedule of this Bill which were not included. The one was the formation of silos—a new thing—and the other was the laying down of permanent pasture. The object of the Amendment was to add those two to the improvements in the Settled Land Act.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 54 (Commencement of Act).

THE MARQUESS OF SALISBURY

proposed an Amendment by which the 31st of March, 1884, should be substituted for the 31st of January, 1884, as the date at which the Act should come into force. The Bill had come upon the landed interest with great surprise. He said, in the presence of many of them, that they were not a race whose actions were hasty or precipitate, and it was cruel to them to force them to bring into operation a totally new system of law, for which no previous discussion had prepared them, at so very short notice as the 1st of January next. It should be remembered that the interval was only four months, during two of which they could get the assistance of no lawyer and solicitor, and, therefore, all the work must be confined to two months at the end of the autumn. He thought they ought to have a longer time.

Amendment moved, in page 20, line 3, to leave out ("first day of January") and insert ("thirty-first day of March.")—(The Marquess of Salisbury.)

THE EARL OF KIMBERLEY

said, that if that Amendment were adopted, the consequence would be that no notice could be given in the case of Lady Day tenancies until the following Lady Day; and the result would be to delay the operation of the Act in those cases for a whole year.

On Question, "That the words proposed to be left out stand part of the Bill?" Their Lordships divided:—Contents 22; Not-Contents 31: Majority 9.

CONTENTS.
Selborne, E. (L. Chancellor.) Breadalbane, L. (E. Breadalbane.)
Carlingford, L.
Camperdown, E. Kenmare, L. (E. Kenmare.)
Granville, E.
Kimberley, E. Lyttelton, L.
Morley, E. Methuen, L.
Northbrook, E. Monson, L. [Teller.]
Sydney, E. Ramsay, L. (E. Dalhousie.)
Sherbrooke, V. Reay, L.
Ribblesdale, L.
Somerton, L. (E. Nor-manton.)
Boyle, L. (E. Cork and Orrery.) [Teller.]
Thurlow, L.
Bramwell, L. Wrottesley, L.
NOT-CONTENTS.
Richmond, D. Winchester, M.
Salisbury, M. Clonmell, E.
Doncaster, E. (D. Buccleuch and Queensberry.) Ellenborough, L.
Forbes, L.
Haldon, L.
Dundonald, E. Harlech, L.
Feversham, E. Hopetoun, L. (E. Hopetoun.) [Teller.]
Fortescue, E.
Milltown, E. Ker, L. (M. Lothian.)
Redesdale, E. Lamington, L.
Melville, V. Lovat, L.
Norton, L.
Ardilaun, L. O'Neill, L.
Bagot, L. Stratheden and Campbell, L.
Bateman, L. [Teller.]
Denman, L. Ventry, L.
Douglas, L. (E. Home.) Wemyss, L. (E. Wemyss.)
Dunmore, L. (E. Dunmore.)
Wynford, L.

Resolved in the negative.

Words substituted accordingly.

Bill passed, and sent to the Commons.

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