§ Payment of Costs by the Board.
§
5.—(1)…
(3) The Board shall not be liable to pay any such costs as aforesaid incurred either—
(b) in relation to a holding which appears to the Board to be of no marketable value; or
(c) by a person who has failed to comply with any of the requirements of Part I of this Schedule or of the rules made thereunder relating to the information to be given by him, whether on the original making of the application or thereafter.
(4) Subject to the provisions of this paragraph, the Board shall pay the costs of or incidental to proceedings on an application made to the Court under Part I of this Schedule reasonably incurred by a person whom the Court, under sub-paragraph (6) of paragraph 2 of this Schedule, directs to be made a party to the application.
§ THE EARL OF MUNSTER moved in paragraph 1 (1), after "may" ["Board may require"] to insert "reasonably." The noble Earl said: This Amendment is merely explanatory, and I beg to move.
§
Amendment moved—
Page 10, line 29, after ("may") insert ("reasonably").—(The Earl of Munster.)
§ On Question, Amendment agreed to.
§ LORD HASTINGS moved, in paragraph 1 (1), to leave out "the circumstances of the holding relevant to." The noble Lord said: This is quite a minor Amendment. It is merely a matter of redundant phraseology. I am not quite sure whether the Government intend to accept this Amendment. If so, I shall not enlarge on it, but reference to the context will show that the words proposed to be left out are unnecessary verbiage. I beg to move.
§ Amendment moved—
§ Page 10, line 29, leave out from ("all") to the second ("the") in line 30.—(Lord Hastings).
§ THE EARL OF MUNSTERI am advised that if these words were left out of this Schedule the effect would be to limit registration to a bare statement of the property and rights concerned, and it would exclude information which might be essential to check the accuracy of particulars submitted for registration. It was generally agreed on the Second Reading that whatsoever is registered should 7 be correct and accurate. I hope, with that explanation, my noble friend will not press his Amendment.
§ LORD HASTINGSI have no intention of pressing the Amendment. Our efforts are directed towards simplifying the Bill and its phraseology, and we thought, and still think, it would be advisable to leave out these words. But it is not a matter of principle and I am not prepared to press the Amendment.
§ Amendment, by leave, withdrawn.
§ THE EARL OF MUNSTER moved, in paragraph 1 (1) (a), to leave out "terms" and insert "provisions." The noble Earl said: The object of this Amendment is to remove any possible doubt whether "terms" might mean only the duration or the financial terms of the lease. It is intended to mean all the terms and conditions.
§
Amendment moved—
Page 10, line 35, leave out ("terms") and insert ("provisions").—(The Earl of Munster.)
§ On Question, Amendment agreed to.
§ LORD HASTINGS moved, in paragraph 2 (1) (a), to leave out all words after "rights," where that word occurs for the second time, and insert "so held and whether there are any other property or rights so held which are not stated to be so held." The noble Lord said: This Amendment is consequential to the leaving out of the Second Schedule, and I beg to move.
§
Amendment moved—
Page 11 line 40, leave out from ("rights") to the end of line 45 and insert the said new words.—(Lord Hastings.)
§ On Question, Amendment agreed to.
§ LORD HASTINGS moved, in paragraph 2 (1) (b), to leave out all words after the last "which" and insert "those coal hereditaments are held and whether those coal hereditaments are held subject to any other such matters not stated in the application." The noble Lord said: This is also consequential.
§
Amendment moved—
Page 12, line 5, leave out from ("which") to end of line 7, and insert the said new words.—(Lord Hastings.)
§ THE EARL OF MUNSTERMay I add one word on the Amendment which precedes this? The Amendment is consequential upon the deletion of the Second 8 Schedule, but it may be necessary to reconsider the actual wording, and if any alteration is necessary, perhaps my noble friend will allow me to put down an Amendment to meet that point at the next stage.
§ LORD HASTINGSYes, it is realised that it is possible other words will be needed when these come out. I quite agree to the course suggested by my noble friend.
§ On Question, Amendment agreed to.
§ LORD HASTINGS moved, at the end of paragraph 2 (2), to leave out "if possible." The noble Lord said: this Amendment, I understand is agreed to. I beg to move.
§
Amendment moved—
Page 12, line 35, leave out ("if possible").—(Lord Hastings.)
§ On Question, Amendment agreed to.
§
THE EARL OF MUNSTER moved to insert at the end of sub-paragraph (5) of paragraph 2:
and shall send to each of the persons specified in sub-paragraph (2) of this paragraph notice of the registration of the particulars either stating that they have been registered as specified in the draft or, if they have been varied, setting out the particulars registered.
§ The noble Earl said: The object of this Amendment is to provide that the interested parties to whom the particulars for registration have been submitted in draft, shall be officially informed of what is subsequently registered I might add that where the particulars registered are the same as those which will be specified in the draft, a notice to that effect will be sent; when the particulars in the draft are subsequently altered a copy of the particulars as registered will be sent. I beg to move.
§
Amendment moved—
Page 13, line 12, at end insert the said words.—(The Earl of Munster.)
§ On Question, Amendment agreed to.
§ LORD HASTINGS moved, in paragraph 3 (2), to leave out "material change takes place in the circumstances" and insert "change of circumstances takes place materially affecting the matters." The noble Lord said: This Amendment is really of a drafting character. It is really a question of argument which words are best, whether the words as proposed should be inserted are better than those 9 in the Bill. Again there is no matter of principle here. I beg to move.
§
Amendment moved—
Page 13, line 26, leave out ("material change takes place the circumstances") and insert the said new words.—(Lord Hastings.)
§ THE EARL OF MUNSTERWhile I consider the words in the Bill are better than the noble Lord's, I am prepared to accept his Amendment.
§ On Question, Amendment agreed to.
§ THE EARL OF MUNSTER moved to insert, at the end of paragraph 4, "with respect to any matter other than a matter with respect to which rules of Court may be made." The noble Earl said: This Amendment is to remove a doubt. As your Lordships are well aware, the Court has always a right to make its own rules, and it is not intended that the scope of the rules made by the Board of Trade shall extend to Court proceedings. The Amendment which I have put down specifically says so. I beg to move.
§
Amendment moved—
Page 14, line 16, at end insert the sail words.—(The Earl of Munster.)
§ On Question, Amendment agreed to.
§
THE EARL OF MUNSTER moved to insert in paragraph 2:
(2) Where any rules are made by the Board under this Scledule a notice of the rules having been made, and of the place where copies of them can be purchased, shall he published in the London Gazette and in the Edinburgh Gazette.
The noble Earl said: This Amendment is to provide that official notice shall be published of the fact that the rules have been made. The chief importance of this is that, as the Bill stands, the period within which application must be made in order to qualify for costs starts with the date on which the rules come into operation. There is another Amendment consequential on this, which I will move at a later stage. I beg to move.
§
Amendment moved—
Page 14, line 6, at end insert the said paragraph.—(The Earl of Munster.)
§ On Question, Amendment agreed to.
§
THE EARL OF MUNSTER moved to insert in paragraph 4:
(3) Without prejudice to any power of the High Court the Board shall have power to extend, upon any ground deemed by them sufficient, any limit or time imposed by this
10
Act or by any rule made by the Board thereunder for the doing of any act or thing.
The noble Earl said: This Amendment deals with the period within which applications must be made in order to qualify for costs, and that period is already capable of extension. This Amendment gives a general power to the Board to extend any limit of time for any purposes if they think there is good reason for doing so.
§
Amendment moved—
Page 54, line 6, at end insert the said paragraph.—(The Earl of Munster.)
§ On Question, Amendment agreed to.
§ THE EARL OF MUNSTERThe next Amendment, in paragraph 5 (3) (a), is consequential. I beg to move.
§
Amendment moved—
Page 15, line 1, leave out from ("months") to ("or") in line 4 and insert ("beginning as to England and Scotland respectively on the date on which notice is first published in the London Gazette and in the Edinburgh Gazette respectively of rules having been made by the Board with respect to the procedure for the making of applications,").—(The Earl of Munster.)
§ On Question, Amendment agreed to.
§ THE EARL OF MUNSTER moved, in paragraph 5 (3) (b), to leave out "which appears to the Board to be of no marketable value" and insert "in the case of which it appears to the Board that there is no reasonable ground for believing that any coal hereditaments in which the holding is stated to subsist have any marketable value." The noble Earl said: The object of this Amendment is to make it clear that the Board shall not refuse costs in cases of reasonable doubt about marketable value, but only in cases where there is no reasonable ground for maintaining that there is a marketable value. I beg to move.
§
Amendment moved—
Page 15, line 15, leave out ("which appears to the Board to be of no marketable value") and insert the said new words.—(The Earl of Munster.)
§ On Question, Amendment agreed to.
§ THE EARL OF MUNSTER moved, in paragraph 5 (3) (c), to leave out "failed" and insert "neglected." The noble Earl said: This Amendment is designed to make it clear that unintentional failure is not to be penalised, but only intentional omission or neglect to comply.
11
§
Amendment moved—
Page 15, line 17, leave out ("failed") and insert "neglected").—(The Earl of Munster.)
§ On Question, Amendment agreed to.
§ LORD HASTINGS moved, in paragraph 5 (4), after "sub-paragraph (6) of paragraph 2," to insert "or under that sub-paragraph as applied by sub-paragraph (3) of paragraph 3." The noble Lord said: This is rather a storm in a teacup, but it is held that it would not be quite proper to avoid reference to certain consequential matters earlier on in this Bill, and a purist in drafting thinks that these words ought to be inserted here. There is no matter of principle involved. I beg to move.
§
Amendment moved—
Page 15, line 31, after ("2") insert ("or under that sub-paragraph as plied by sub-paragraph (3) of paragraph 3").—(Lord Hastings.)
§ THE EARL OF MUNSTERThe Amendment which has been moved by my noble friend is one which I do not think is necessary, although the Government are prepared to accept it. But perhaps I may give my noble friend the reasons why I do not think the Amendment is absolutely required. This paragraph provides that the Board shall pay the costs of Court proceedings incurred by a person who has been specifically brought into them at the instance of the Board, and reference to that will be found on page 13, line 13, of the Bill, in sub-paragraph (6) of paragraph 2. A person can be brought in on an original application or on proceedings for rectifying the Register. I think that it does appear in the Bill as it is at present drawn to be quite clear that the provision relating to costs covered all persons brought in, including persons brought in for proceedings on rectification. If the noble Lord had referred to page 13, line 13, he would have observed that the reference is to "any application to the Court under this Part of this Schedule," and it is not limited to the application under the provisions of paragraph (2) that relate to original applications. However, if the noble Lord thinks the Amendment will remove any doubt that there might be and simplify the reading of the Bill, as I have said I am prepared to accept it.
§ On Question, Amendment agreed to.
§ Third Schedule, as amended, agreed to.
12
§
Title:
An Act to make provision for the ascertainment and registration of particulars as to proprietary interests in unworked coal and mines of coal and in certain associated minerals and property and rights in land, and for purposes connected therewith.
§ LORD HASTINGS moved to leave out "and" [minerals and property]. The noble Lord said: Leaving out this word is really desirable to remove ambiguity. It is intended quite clearly in the operative clause to link associated property and rights in land and minerals, but the insertion of this word "and" in the title makes that impossible—or at any rate it might be so interpreted. I understand the Government are prepared to accept the excision of this word. I beg to move.
§
Amendment moved—
Line 4 of the Title, leave out the first ("and").—(Lord Hastings.)
§ On Question, Amendment agreed to.
§ Title, as amended, agreed to.