§ Bill read 3a (according to order).
THE EARL OF CAMPERDOWNThere is an Amendment standing on the Paper in my name which I mentioned to your Lordships on Tuesday last and which the noble Earl in charge of the Bill said he would consider before the Third Reading.
1139 The Amendment is in Clause 1, page 1, line 26, to leave out "include" and insert would allow "The object of this Amendment is to deal with existing trusts, as, of course, in future trusts it will be possible to provide for anything which is in this Act. As the Bill now stands, it is possible that the word "include" might be construed as requiring that in order to exclude a trust from the operation of this Act there should be a specific statement with reference to trade. The words which I propose to substitute may be regarded as somewhat wide, but I cannot see any middle term between the two. I apprehend that the purpose of the Government is to exclude from the operation of this Bill such trusts as I have before referred to.
§
Amendment moved—
Clause 1, page 1, line 26, leave out ("include") and insert ("would allow").—(The Earl of Camperdown.)
§ EARL BEAUCHAMPMy Lords, I confess I find myself in two minds on this matter. My own opinion would be that the noble Earl's Amendment would go some way towards destroying the value of this Bill. On the other hand, those on whose advice we rely in these technical matters assure me that it is unnecessary to be alarmed, and that the words suggested would still allow a fair use of the Bill. In those circumstances I shall offer no opposition to the noble Earl's Amendment.
§ On Question, Amendment agreed to.
§ EARL BEAUCHAMPThe other Amendment on the Paper standing in my name is put down in accordance with a very general wish expressed in your Lordships' House on Tuesday last that the Amendment originally drafted by Lord Dunmore should be couched in language a little more intelligible than that in which it first appeared on the Paper. I hope the noble Earl has had an opportunity of assuring himself that this Amendment carries out his object.
§
Amendment moved—
Schedule, page 4 line 26, leave out ("in"), and leave out from Act") to the end of line 33, and insert ("read as follows—
'Before the promoters of the undertaking dispose of any such superfluous lands they shall. … first offer to sell the same to the person who was entitled to the freehold reversion in the lands at the time when the interest of the trustees in the lands
1140
was enlarged into a fee simple or the successor in title (if any) of that person; and if that person or his successor in title, as the case may be, refuse to purchase the same, or cannot after diligent inquiry be found, then the like offer shall be made to the person or to the several persons whose lands shall immediately adjoin the lands so proposed to be sold, such persons being capable of entering into a contract for the purchase of such lands: and where more than one such person shall be entitled to such right of pre-emption such offer shall be made to such persons in succession, one after another, in such order as -the promoters of the undertaking shall think fit'").—(Earl Beauchamp.)
§ THE EARL OF DUNMOREI am quit satisfied with the Amendment as now proposed by the noble Earl.
§ On Question, Amendment agreed to.
§ Bill passed, and sent to the Commons, and to be printed as amended. (No. 189.)