RIGHTS OF WAY BILL. [H.L.] (Hansard, 18 July 1911)

§ LORD EVERSLEY
My Lords, in moving that the House do go into Committee on this Bill I wish to say a few words. In the first place, I desire to thank the noble and learned Lord, Lord Alverstone, for so kindly giving up so much of his valuable time to presiding over the Committee which considered this Bill, and for assisting me in passing it. The Committee were practically unanimous on the Bill with the exception of one single point. That was an Amendment moved by Lord Clifford of Chudleigh for the purpose of enabling landowners to affix to ways which they did not intend to dedicate to the public notices to that effect, such notices to be conclusive that no dedication was intended. I understand that Lord Clifford's intention is to enable landowners to continue the user by the public of ways of this kind without at the same time going through the formality of closing the path from time to time in order to prevent the right growing. In that view I entirely concur. At the same time there is some little doubt whether the Amendment does not go rather further than the noble Lord intended, and my noble and learned friend Lord Robson found some difficulty in the proviso on this point. I do not propose at the present stage to take any exception to it. I have no doubt the whole Bill will be very carefully considered by the Government draftsman in another place, and I hope it may turn out that the objections of my noble and learned friend are not serious, and that the Bill will pass in its present form. I merely think it desirable to say to-night that it may be necessary hereafter to make a small Amendment in this clause. At the same time I am in general sympathy with the view of the noble Lord (Lord Clifford) on the subject, and I hope it may be possible for the clause to be passed in its present shape.

THE LORD CHAIRMAN
The first Question I have to put is that the Amendments proposed by the Select Committee be made.

§ LORD EVERSLEY
I move to leave out the words "or water" ["or unless during such period of twenty years there was not at any time any person in possession of such land or water"]. This is an Amendment to carry out the intention of the noble Earl, Lord Camperdown. The words were omitted in Committee, but apparently the clerk did not take a note of it. The case is provided for by words which appear at the end of the clause.

§ LORD ALVERSTONE
I have a drafting Amendment, and in moving it I would take the opportunity of thanking the noble Lord for his kind reference to my small services in connection with this Bill. It is considered better for the purpose of drafting that the proviso at the end of the clause— Provided that in the case of any land let on lease the person for the time being entitled to the reversion shall, notwithstanding the existence of any such lease, have the right to cause such notice to be placed and maintained should be transposed and should come in after the words "public highway" ["shall, in the absence of any proof of a contrary intention, be sufficient evidence to negative the intention to dedicate such way as a public highway"].