§ House in Committee (according to Order).
§ Amendments made: Then (Standing Order No. XXXV. having been dispensed with) the said Amendments reported.
§ LORD FITZGERALD
said, he had to move an Amendment of the fourth paragraph of the 1st clause. This clause enumerated debts which were to be paid in priority to all other debts, and the fourth paragraph said that, in the event of the landlord's having distrained, "or having received any payment or undertaking in consideration of not so distraining" the preferential debts to which priority was given should be a first charge on the goods distrained on, or on the money so paid or payable. The Amendment was that the words quoted should be omitted so as to exempt the payment made or undertaking given to the landlord from any claim in respect of the debts to which priority is given.
In Clause 1, sub-section 4, line 18, to leave out ("or having received any payment or undertaking in consideration of not so distraining.")—(The Lord FitzGerald.)
THE EARL OF DUNRAVEN
said, he could not accept the Amendment. As 854 far as it went it would defeat the object of the Bill.
§ EARL FORTESCUE
supported the Amendment, describing this paragraph of the clause as one of those gushing proposals which would defeat their object and operate injuriously, as the Usury Laws did. Indeed, the paragraph with those words in it was a provision for promoting evictions by depriving a landlord of the opportunity of showing consideration for a tenant, and punishing him if he did so.
§ On Question, That the words proposed to be left out stand part of the Clause? Their Lordships divided:—Contents 15; Not-Contents 15.
§ The numbers being equal, it was (according to ancient rule) resolved in the negative.
§ Bill read 3a, with the Amendments, and passed, and sent to the Commons.