HL Deb 17 August 1883 vol 283 cc948-51

Order of the Day for the Third Reading read.

The Queen's consent signified.

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

LORD DENMAN

objected to its being generally believed that this Bill must pass, without any alteration, by a certain time very close at hand. He thought it might be improved by a free conference between both Houses; and, if no agreement could be come to, he thought there could be no cause for regret if the measure were rejected.

THE EARL OF WEMYSS

said, as a matter of form, he would move that the Bill be read a third time on 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.)

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.)

On the Motion of The LORD PRESIDENT, the following Amendments made:—In Clause 2, page 1, line 21, leave out ("made") and insert ("executed"); page 2, line 1, leave out ("and in") and insert ("In") at the beginning of a new paragraph; line 2, leave out ("such") and insert ("these"), and after ("cases") insert ("the tenant"); line 3, leave out ("a") and insert ("the"), and leave out ("he"); line 4, leave out ("such") and insert ("the"), and after ("improvement") insert ("which he has executed"); Clause 4, page 2, line 40, after ("outlay") insert ("in the said period"); line 41, leave out ("in the said period") and insert ("such annual sums to be recoverable as rent "); Clause 5, page 3, lines 33 and 34, leave out ("contract of tenancy") and insert ("lease"); Clause 6, page 3, in the heading to the clause, leave out ("estimates of") and insert ("compensation for"); page 4, line 16, after ("rates") insert ("interest, monies payable in respect of drainage, premiums of insurance"); Clause 7, page 4, lines 32 and 33, leave out ("Provided always, as regards 22 and 23 of Part III. of the Schedule") and insert ("in the ascertainment of the amount of compensation payable to the tenant in respect of manures"); Clause 25, page 10, after line 15, add as a new paragraph:—

(Price of entailed land may be applied to improvements and compensation.)

"The price of any entailed land sold under the provisions of the Entail Acts, where such price is entailed estate within the meaning of those Acts, may he applied by the landlord in respect of the remaining portion of the entailed estate, or in respect of any other estate he-longing to him, and entailed upon the same series of heirs, in payment of any cost incurred by him in pursuance of this Act for executing or paying compensation for any improvement mentioned in the first or second parts of the Schedule hereto, or in discharge of any charge with which the estate is burdened in pursuance of this Act in respect of such improvement;"

Clause 27, page 10, line 30, leave out ("the landlord's interest") and insert ("interest of the landlord, his executors, administrators, and assignees"); Clause 29, page 11, line 19, leave out ("three") and insert ("two"); line 36, leave out from ("Provided") to ("date") in line 38 inclusive; leave out side note of Clause 29, and insert instead ("Notice of termination of tenancy "); Clause 36, page 14, line 5, after ("specified in") insert ("the"); lines 6 and 7, leave out square brackets and insert ordinary brackets.

THE MARQUESS OF SALISBURY moved, as an Amendment to Clause 2, to add the following as a new paragraph:— Provided that no compensation shall be claimed under this section in contravention of any specific agreement existing at the time of the passing of this Act between the parties in reference thereto.

THE DUKE OF ARGYLL

thought the Amendment quite consistent with the principle of the Bill.

LORD CARLINGFORD (LORD PRESIDENT of the COUNCIL)

said, he had objected to the Amendment on the English Bill, and he must oppose it in the case of the present Bill.

Amendment agreed to.

THE DUKE OF ARGYLL

said, he rose to move an Amendment in Clause 4, which he had suggested on the previous day, to the effect that instead of fixing a definite rate of interest to be paid by the tenant to the landlord for money expended on improvements, it should be left open to the landlord to charge such a rate of interest as he would have to pay for the money borrowed. He was himself perfectly content with the 4 per cent interest allowed by the clause; and he would not press the Amendment if the Government thought the clause was better as it stood.

Amendment moved, In Clause 4, page 2, line 41, after ("period") insert ("or if he shall have borrowed the outlay or any part thereof at such rate of interest for the sum borrowed as he shall be bound to pay for the same.")—(The Duke of Argyll.)

LORD CARLINGFORD (LORD PRESIDENT of the COUNCIL)

said, the Government thought 3 per cent interest was sufficient; but their Lordships had changed it to 4 per cent. The effect of the words proposed by the noble Duke would be to remove any limit to the rate of interest that might be charged, and to enable a landlord to borrow at any rate of interest and charge it upon his tenant. It was, therefore, impossible for him to accept the Amendment.

THE DUKE OF ARGYLL

said, that, after the remarks of the noble Lord, he would not press the Amendment; but he should like the House and the country to observe that this was a case where the Government were proposing that one should lend his capital to another man at a lower rate of interest than that at which he could borrow the money, that other person being quite certain that he would receive a very large profit on the money so lent. He could not conceive how such a proposal should be passed by any House in its senses. It was an invasion of all the principles under which men dealt with their own capital, and it would constitute an alarming precedent, which might be extended to other forms of capital. Suppose the landlord wanted to spend his money in a more profitable investment, he would be compelled to see his tenant deriving, perhaps, from 12 to 30 per cent on the money expended on the improvements, while the landlord was losing largely by his money being locked up at a low rate of interest. He thought the objection was rather overstrained, that by his proposal a landlord would be allowed to charge any interest he chose, because he would have to borrow from the Land Improvement Companies, and the rate rarely exceeded 6½ per cent. Many tenants would willingly pay that to have their land properly drained. He had himself tenants quite willing to pay it, because they benefited largely by the transaction; but, as he had said, he would not press the Amendment.

Amendment (by leave of the House) withdrawn.

On Motion of The Duke of ARGYLL, the following Amendment made:—In page 3, line 12, after ("may") insert ("in terms of the lease or otherwise ").

Bill passed, and sent to the Commons.

House adjourned at Seven o'clock, to Monday next, Pour o'clock.