HL Deb 22 June 1922 vol 50 cc1102-7

[The references are to Bill No. 19.]

Clause 3, page 4, line 45, after the second ("of") insert ("freehold").

Clause 22, page 17, line 23, after ("statute") insert ("nor affect the limitation of or authorise any disposition to be made of a title or dignity of honour which in its nature is inalienable").

Clause 28, page 19, line 39, at end insert the following new subsection: ("(4) Nothing in this part of this Act shall affect the right to enforce any lessor's or lessee's covenants, agreements or conditions (including a valid option to purchase or right of pre-emption over the reversion or the term of years absolute) contained in any instrument creating a term of years absolute the benefit or burden of which run with the reversion or the term, nor render necessary the registration of any land charge in respect of the same").

Clause 65, page 50, line 1, at beginning insert ("Subject to provision for the repayment of the capital money expended being made in mariner hereinafter provided").

Clause 65, page 50, line 5, at beginning insert ("Subject to provision for the repayment of the capital money expended being made in manner hereinafter provided").

Clause 78, page 63, line 38, at end insert; ("and the foregoing repeal shall not apply where the land leased has been assigned, underlet, parted with, or disposed of to a limited company").

Clause 79, page 64, line 18, after ("instrument") insert ("or a certified copy thereof or of such portions thereof as refer to or are necessary to the interpretation of such power")

Clause 79, page 64, line 25, after ("instrument") insert ("or a certified copy thereof or of such portions thereof as aforesaid")

Clause 79, page 64, line 28, after ("instrument") insert ("or a certified copy thereof or of such portions thereof as aforesaid")

Clause 79, page 64, line 35, after ("thereof") insert ("or of the material portions thereof").

Clause 80, page 65, line 12, at end, insert the following new subsection: ("(4) The following provision shall have effect as if inserted at the end of subsection (1) of section forty-seven of the Conveyancing Act, 1881, namely:— A statutory declaration by an attorney to the effect that he has not received any notice or information of the revocation of such power of attorney by death or otherwise shall, if made immediately before or within three months after any such payment or act as aforesaid, be taken to be conclusive proof of such non-revocation at the time when such payment or act was made or done.")

Clause 84, page 67, line 12, leave out ("under seal")

Clause 84, page 68, line 11, leave out ("under seal").

Clause 88, page 70, line 11, after ("benefit") insert ("the whole or such part (if any) as may under all the circumstances be reasonable of")

Clause 88, line 12, leave out ("or any part thereof")

Clause 88, line 22, at end insert the following new paragraph: ("(iii) Provided that in deciding whether the whole or any part of the income of the property is during a minority to be paid or applied for the purposes aforesaid, the trustees shall have regard to the age of the infant awl his requirements and generally to the circumstances of the case, and in particular to what other income (if any) is applicable for the same purposes; and where trustees have notice that the income of more than one fund is applicable for those purposes then, so far as practicable, unless the entire income of the funds is paid or applied as aforesaid or the court otherwise directs, a proportionate part only of the income of each fund shall be so paid or applied.")

Clause 90, page 74, line 38, at end insert the following new subsection: ("(11) Where a term of more than seventy years is created in land (whether before or after the commencement of this Act) this section shall, after the expiration of fifty years of the term, apply to restrictions affecting such leasehold land in like manner as it would have applied had the land been freehold. Provided that this subsection shall not apply to milling leases or leases for mining purposes.")

Clause 103, page 84, line 21, after ("Parliament") insert ("or in pursuance of an Act of Parliament or Order having the force of an Act").

After Clause 104, page 85, line 33, insert the following new clauses—

Application of insurance money on completion of a sale.

(".Any money becoming payable after the date of any contract for sale of property under any policy of assurance in respect of any damage to or destruction of property included in such contract shall, on completion of such contract, but subject to any stipulation to the contrary, be held or receivable by the vendor on behalf of the purchaser and paid by the vendor to the purchaser on completion of sale or so soon thereafter as the same shall be received by the vendor.")

Amendment of 34 & 35 Vict. c. 31. s. 7.

(".Section seven of the Trade Union Act, 1871 (which provides that buildings for trade unions may be purchased or leased), shall have effect as if the words "not exceeding one acre" were deleted.

Clause 105, page 86, line 4, leave out ("the eases in") and insert ("contracts by correspondence, and may, but only by express reference thereto, be made to apply to any other cases for").

Clause 107, page 87, line 8, after ("named") insert ("who are able and willing to act").

Clause 108, page 90, line 3, after ("investment") insert ("and where a personal representative has, before the commencement of this Act, retained such legacy, residue, or share, and invested the same in any investments authorised for the investment of trust money, he shall not (subject to any order of the court made before such commencement) be deemed to have incurred any liability on that account or by reason of not having paid or transferred the money or property into court").

Clause 112, pages 92 and 93, leave out Clause 112.

After Clause 113, page 93, insert the following new clause:

Alimentary trusts.

(".—(1) Where any income (including an annuity or other periodical income payment) is directed to be held on alimentary trusts for the benefit of any person (in this section called "the principal beneficiary") for the period of his life or for any less period then during that period (in this section called the "trust period") the said income shall, without prejudice to any prior interest, be held on the following trusts, namely—

  1. (i) Upon trust for the principal beneficiary during the trust period or until he (whether before or after the termination of any prior interest) does or attempts to do or suffers any act or thing or until any event happens (other than an advance under any statutory or express power) whereby if the said income were payable during the trust period to the principal beneficiary absolutely during that period he would be deprived of the right to receive the same or any part thereof, in any of which cases, as well as on the termination of the trust period, which first happens, this trust of the said income shall fail or determine;
  2. (ii) If the trust aforesaid fails or determines during the subsistence of the trust period, then, during the residue of that period, the said income shall be held upon trust for the application thereof for the in maintenance, support, or otherwise for the benefit of all 1105 or any one or more exclusively of the other or others of the principal beneficiary and his or her wife or husband, if any, and his or her children or more remote issue, if any, as the trustees in their absolute discretion, without being liable to account for the exercise of such discretion, think fit, or, if there shall be no wife, husband, or issue of the principal beneficiary in existence, then for the maintenance, support, or otherwise for the benefit of all or any one or more exclusively of the other or others of the principal beneficiary and the persons who would, if he were actually dead, be entitled to the trust property or the income thereof or of the annuity fund, if any, or arrears of the annuity, as the case may be, as the trustees in their absolute discretion, without being liable to account as aforesaid, think fit.

(2) This section only applies to trusts coming into operation after the commencement of this Act, and shall have effect subject to any variation of the implied trusts aforesaid contained in the instrument creating the trust.

(3) Nothing in this section shall operate to validate any trust which, if contained in the instrument creating the trust, would be liable to be set aside.")

Clause 118, page 98, line 23, after the second ("time") insert ("(but not more than once in every three years unless the nature of the trust, or any special dealings with the trust property, make it reasonable)")

Clause 118, page 98, line 24, after ("an") insert ("independent").

Clause 123, page 101, line 22, after ("any") insert ("discretion or").

Clause 127, page 105, line 32, after ("notice") insert ("to the steward, if any, and")

Clause 127, page 106, line 20, leave out ("this section") and insert ("the last preceding subsection").

Clause 136, page 115, line 16, at end insert ("but the lord shall not be entitled to serve such notice till after the expiration of five years from such commencement").

Clause 138, page 127, lines 16 to 21, leave out from the first ("the") to end of clause and insert ("tenant, unless the Minister considers that the conduct of the lord has been unreasonable or that special considerations apply, in either of which cases the Minister may determine by whom and in what proportions, if any, the costs and expenses are to be borne, and in so determining he shall have regard to what would be just, accordingly as nearly as may be to the advantages derived from the extinguishment by the lord and tenant, respectively, or by either of them").

Clause 148, page 134, line 41, leave out ("moiety") and insert ("half")

Clause 148, page 135, line 2, leave out ("moiety") and insert ("half")

Clause 148, page 136, leave out lines 21 to 34 and insert ("Sixthly, for the surviving husband or wife of the intestate absolutely")

Clause 148, page 136, lines 35 and 36, leave out from beginning of line 35 to ("in") in line 36

Clause 148, page 136, line 37, leave out ("other").

Clause 152, page 139, line 15, after ("effects") insert ("domestic animals").

Clause 181, page 178, line 35, after ("shall") insert ("after a consultation with the Law Society").

Clause 186, page 183, line 39, after ("and") insert ("in this definition").

Clause 186, page 183, line 41, at end insert ("or from year to year").

Clause 189, page 188, lines 21 and 22, leave out ("twenty-four") and insert ("twenty-five").

Second Schedule, page 194, line 19, after ("simple") insert ("whetherlegal or equitable")

Second Schedule, page 194, line 32, after ("but") insert ("subject to the term or terms vested in such first or other prior mortgagee and")

Second Schedule, page 196, line 10, after ("mortgage") insert ("but subject to the term or terms vested in such first or other prior mortgagee")

Second Schedule, page 196, line 35, after ("leaseholds") insert ("and to leaseholds for lives").

Third Schedule, page 204, line 48, leave out ("moiety") and insert ("half")

Third Schedule, page 205, line 32, leave out ("moiety") and insert ("half")

Third Schedule, page 205, line 38, leave out ("moiety") and insert ("half")

Third Schedule, page 206, line 8, leave out ("moiety") and insert ("half")

Third Schedule, page 207, line 26, leave out ("moiety") and insert ("half")

Third Schedule, page 209, line 40, after ("permissible") insert ("whether by operation of law or otherwise")

Third Schedule, page 210, line 7, leave out from ("and") to end of subsection (4) and insert ("in any disposition made or coming into operation after such commencement, a husband and wife shall, for all purposes of acquisition of any interest in property be treated as two persons").

Eleventh Schedule, page 258, line 2, leave out ("under seal")

Eleventh Schedule, page 258, line 12, leave out ("in") and insert ("as").

Fifteenth Schedule, page 282, line 4, at end insert: ("(3) If a dispute at; to the amount for which any annual instalment of additional rent ought to be commuted is submitted to the Minister, and if the lessor would (under the lease or under leases subsisting at the commencement of this Act, or any lease or underlease which would have been subsisting if this Act had not been passed and the successive renewal leases or underleases had been renewed in the ordinary course) have had a right to refuse renewal by reason of a default in payment of a fine, then the Minister shall, in the arbitration, have regard to the value of such right (unless compensation has been given for the loss of the right) in like manner as if a corresponding absolute right to determine the term or sub-term created by this Act had, by reason of a corresponding default, been made exerciseable by the lessor at the time at which the renewable lease or underlease would have expired if the lessor had lawfully refused to renew it").

THE LORD CHANCELLOR

My Lords, for the reasons I have already given, subject to any individual anxiety felt by any noble Lord, I move that the Commons Amendments to the Law of Property Bill be agreed to.

Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)

On Question, Motion agreed to.