HL Deb 07 August 1896 vol 44 cc63-6

(1.) For the purpose of the distribution of, or other dealing with, an advance paid into the High Court under this Act, sections fifteen and sixteen of the Land Law (Ireland) Act, 1887, and any other unrepealed enactment in the Land Purchase Acts, or this Act, relating to the redemption or apportionment of charges on holdings, or otherwise to the distribution of the purchase money of a holding, shall apply as if the High Court were the Land Commission and the money paid into that Court were the holding. (2.) Where an annuity, rent-charge, or rent, ordered under the said sections to be redeemed is subject to any incumbrance as defined by the Land Law (Ireland) Act, 1887, the High Court shall have the same power in relation to that incumbrance under the said section fifteen as that Court would have if the incumbrance were charged upon the land sold. (3.) For the purpose of an agreement respecting the redemption price of any annuity, rent-charge, or rent apportioned under the said section sixteen, the High Court may determine the parties by whom the consent may be given for the determination of the price by the High Court. (4.) The said sections as amended by this section shall apply to any continual liability for any annuity, lent charge, or rent, in like manner as they apply to the annuity, ren charge, or rent itself, and where any contingent liability has no appreciable value, the money may be distributed without regard to such liability.

*THE MARQUESS OF LANSDOWNE

said the Amendments to this clause which stood in his name were very closely connected with the new Clause 30 that the noble Lord had added to the Bill, and he, therefore, proposed to endeavour to incorporate them with the new clause.

THE MARQUESS OF LONDONDERRY

moved to omit Clause 32, because it was covered by the new clause which had been added.

Clause 32 struck out.

Clause 33,— (1.) A holding vested in a purchaser by a vesting order under this Act shall continue to have appurtenant thereto and to be subject to, as the case may be, any previously existing easements, rights, and appurtenances; and any privilege previously in fact enjoyed, whether by permission of the landlord or otherwise, in such manner and for such time that, if the holding had belonged to a different owner from the rest of the estate, it would have been an easement or right, shall be an easement or right within the meaning of this section, and shall be appurtenant or exercisable over the holding, as the case may be. (2.) The vesting order may, if the Land Commissioner think fit, declare that the sale is made subject to or free from any particular easement, right, or appurtenance, and such declaration shall have full effect.

*THE EARL OF BELMORE

moved to omit the words and any privilege previously in fact enjoyed whether by permission of the landlord or otherwise, in such manner and for such time that, if the holding had belonged to a different owner from the rest of the estate, it would have been an easement or right shall be an easement or right within the meaning of this section, and shall be appurtenant to or exerciseable over the holding as the case may be.

LORD MACNAGHTEN

said he did not understand the words.

*LORD ASHBOURNE

thought the words were entirely reasonable. They did not propose that a tenant who had only enjoyed these privileges for a short time should get the benefit, but that if he had enjoyed the privileges in such manner and for a sufficiently long time as, but from the common ownership, to make them legal he was not to lose the benefit of them if a sale was made.

The Question, "That the words proposed to be omitted stand part of the clause," having been put,

THE EARL OF MAYO

, seated and with his hat on, said that all they wanted was a clear explanation.

The Committee divided:—

CONTENTS 59
NON-CONTENTS 44

DIVISION LIST.—CONTENTS.
Halsbury, L. (L. Chancellor.) Norfolk, D. (E. Marshal.)
Devonshire, D. (L. President.) Ailesbury, M.
Cross, V. (L. Privy Seal.) Lansdowne, M.
Northampton, M.
Pembroke and Montgomery, E. (L. Steward.) Emly, L.
Glenesk, L.
Harris, L.
Lathom, E. (L. Chamberlain.) Hawkesbury, L.
Iveagh, L.
Carnwath, E. James, L.
Chesterfield, E. Kenry, L. (E. Dunraven and Mount Earl.)
Clarendon, E.
Crewe, E.
Dudley, E. Kensington, L.
Hardwieke, E. Kinnaird, L.
Morley, E. Kintore, E. (E. Kintore.)
Onslow, E.
Romney, E. Lawrence, L.
Selborne, E. Manners of Haddon, L. (M. Granby.)
Spencer, E.
Stamford, E. Monteagle of Brandon, L.
Waldegrave, E. [TELLER.]
Ranfurly, L. (E. Ranfurly.)
Oxenbridge, V. Rayleigh, L
Rothschild, L.
Ampthill, L. Rowton, L.
Armstrong, L. Silchester, L. (E. Longford.)
Ashbourne, L.
Balfour, L. Stanmore, L.
Belper, L. Teynham, L.
Burton, L. Tollemache, L.
Churchill, L. [TELLER.] Tweedmouth.
Colchester, L. Wandsworth, L.
Crawshaw, L. Windsor, E.
De Freyne, L. Zouche, of Haryngworth, L.
Delamore, L.
NOT-CONTENTS.
Abecorn, M. (D. Abercorn) Chaworth, L. (E Meath.)
Clarina, L.
Bandon, E. Clonbrock, L.
Belmore, E. Crofton, L.
Caledon, E. de Ros, L.
de Montalt, E. de Vesci, L. (V. de Vesci.)
Ferrers, E.
Kilmorey, E. Dunalley, L.
Lanesborough, E. Dunleath, L.
Lucan, E Fermanagh, L. (E. Erne.)
Mayo, E. [TELLER.]
Portarlington, E. Fingall, L. (E. Fingall.)
Rosse, E. Hare, L. (E. Listowel.)
Winchilsea and Nottingham, E. Kenmare, L. (E. Kenmare.)
Macnaghten, L.
Templetown, V. Massy, E.
Monck, L.(V. Monck.)
Annaly, L. Muskerry, E.
Ardilaun, L. Plunket, L.
Brodrick, L. (V. Midleton.) Raglan, L.
Rathdonnell, B.
Carew, L. Rossmore, L.
Carysfort, L. (E. Carysfort.) Saltersford, L. (E. Courtown.)
Castletown, L. [TELLER.] Stanley of Alderley, L.
Sudley, L. (E. Arran.)
Talbot de Malahide, L.

Amendment accordingly negatived.

Clause 33,—