HL Deb 04 August 1891 vol 356 cc1222-3

Commons Amendments to the Amendments last made by the Lords considered (according to order).


My Lords, I had hoped it would not be necessary for me to trouble your Lordships with further Amendments on the subject of this Bill; but the Amendment which has now come up to this House is one which is made upon a clause that I had the honour to introduce when the Bill was last before the House, and therefore I think it my duty to call your Lordships' attention to the action which has been taken in another place. Clause 26 in the original Bill was a clause enabling the Land Commission to place themselves in possession for the purposes of sale. It was thought undesirable that the Land Commission should thus be placed in the position of judges in their own cause; and in this House a provision was inserted in the shape of a new clause, which I moved, enabling them to apply to a County Court for an order to be put into possession. It has been found, however, that there would be some inconvenience in this arrangement, and I now beg to ask your Lordships to agree to a further Amendment to that Amendment. The clause as sent to the Commons applied to all sales by the Land Commission, whether for the purpose of recovering arrears of annuities or of enforcing forfeitures for breach of conditions. As amended, it only applies to the former case, the main object being to strengthen the hands of the Land Commission in the event of a general strike against the payment of annuities. The Amendment was accepted by the Government in another place, the existing law being considered adequate to meet the case of sale on forfeiture. The other Amendment provides with regard to possession not being taken by order of a County Court in any case. Reference to the County Court in cases of small holdings was proposed in the interest of the tenant purchasers; but as the Commons objected to it, and as it did not affect the powers of the Land Commission, it was accepted by the Government. Other additions to the clause give a right to appeal, as to which there can be no objection, and confer upon the tenant purchaser, on paying the amount due to the Land Commission, with costs, within a certain time, power to prevent the execution of the order. This provision has been considered advantageous both to the Land Commission and to the tenant purchaser. The clause, both in its original and in its amended form, deals exclusively with the relations between the Land Commission and the purchasing tenants, and does not in any way affect landlords.

Moved, "That this House doth agree to the Commons' Amendments."—(The Earl Cadogan.)

Motion agreed to.