HL Deb 27 April 1893 vol 11 cc1284-6

Order of the Day for the Second Reading, read.

THE LORD CHANCELLOR (Lord HERSCHELL)

My Lords, the Bill which I have to ask your Lordships to read a second time makes no alteration in the law, but consolidates the provisions to be found in various Acts in reference to the law of enfranchisement of copyholds in land. I think it will be found very convenient to codify those enactments. The measure has been introduced at the instance of the Board of Agriculture, and I trust your Lordships will consent to the Second Reading.

Moved, "That the Bill be now read 2a" —(The Lord Herschell.)

THE MARQUESS OF SALISBURY

My Lords, I quite concur in the noble and learned Lord's opinion as to the advantage of a Consolidation Bill, and, of course, as a Consolidation Bill I should not think there can be any opposition to it; but I am doubtful whether the noble and learned Lord is quite accurate in saying that it makes no alteration in the law. There are points which may seem small to persons who are not acquainted with copyhold operations; but whether small or not, I do not think it is desirable that a Copyhold Consolidation Bill should contain them, because their insertion diminishes the confidence with which the House passes Bills of that kind. My belief is, that if this Bill passes, escheats are no longer to count in enfranchisement. I do not press it; but it is an alteration which may be of importance, and I think it is desirable that alterations of the law should not take place in Consolidation Bills without notice.

THE LORD CHANCELLOR

Would the noble Marquess point out where that occurs?

THE MARQUESS OP SALISBURY

It is the proviso in Clause 6. I would also call attention now to Clause 8. There a tenant is given the power of requiring that his compensation shall be in the form of a rent-charge, and not in the form of a capital sum, where the enfranchisement is at the instance of the lord. That I believe to be in the interest of the lord; but I venture to commend those two points to the consideration of the noble and learned Lord before we go to the next stage, in order that we may have the advantage of his opinion upon it.

THE LORD PRESIDENT OF THE COUNCIL AND SECRETARY OF STATE FOR INDIA (The Earl of KIMBERLEY)

My Lords, may I venture to say a few words upon this Bill, as I happened to be upon the Committee which considered it? My strong opinion is that it was after the Committee had considered the subject that the law was made as this clause is framed. It was recommended strongly by Lord Selborne, and he was the person who suggested it. I have not had time to consider the matter in connection with the Acts, but I think it will be found that that alteration was then made in the law. I am not going to trouble the House with arguments upon it now, but I will say that I do not think any alteration of the law that could be made was ever more desirable than that.

Motion agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House on Monday next.