Aug. 12.]

Lords Amendment-

"In page 17, line 13, after the word advances' to insert the

words provided that in the case of the sale of an Estate under the

Land Purchase Acts any charge or incumbrance thereon may be paid

off notwithstanding any direction, proviso, or covenant contained in

any deed or other instrument to the contrary: Provided that this sub-

section shall not apply in any case where the Land Commission are

satisfied that it is not owing to any act or default of such person that

his title is not established and the amount of his claim invested as

aforesaid."

The next Amendment, read a second time.

Amendment proposed to the Lords Amendment-

In line 1, after the word advances' to leave out the words

'provided that in case of the sale of an estate under the Land

Purchase Acts any charge or incumbrance thereon may be paid off

notwithstanding any direction, proviso, or covenant contained in any

deed or other instrument to the contrary.' "-(Mr. Wyndham.)

Amendment to the Lords Amendment agreed to.

Lords Amendment, as amended, agreed to.

Lords Amendments-

"In page 17, at end of line 23, after the word 'Act' to insert the

following sub-section (4) Notwithstanding anything in this section,

any vendor or incumbrancer may apply to the Court to invest the

purchase money, pending distribution, in any of the securities from

time to time authorised by law for the investment of trust funds.'

And also insert the following clause: Where a person who would

otherwise be entitled to sell land under the Land Purchase Acts is a

lunatic, the Lord Chancellor may order the land to be sold as if the

sale was required for one of the purposes mentioned in Section 63 of

the Lunacy Regulation (Ireland) Act, 1871, and that section shall

apply accordingly.' In line 39, after the word 'equal' insert the

words half-yearly or.""

"In page 19, line 28, to leave out the words, in so far as any,' and

insert the word 'where.'

"In page 19, line 29, to leave out the words 'to purchasers to be

repaid by means of purchase annuities.""

"In page 19, line 41, to leave out the words 'purchase of the

land' and insert the words 'vesting of land in the Commission.'

"In page 20, lines 17 and 25, to leave out the words 'repayable

by means of purchase annuities' and insert the words 'on which such

ten shillings per cent. is payable by the Land Commission.'

"In page 21, line 3, to leave out the words 'eight' and insert

" seven.'

"In page 21, line 36, after the word 'made' to insert the words

'and may only be varied.'

"In page 22, line 27, after the word 'Commission' to insert the

words direct the.'

The next Amendments, read a second time, and agreed to.

Lords Amendment-

"In page 25, line 11, after the word 'price,' to insert the words,

or to an estate so circumstanced in respect of which an absolute order

for sale by the Land Judge was in force at the date of the passing of

the Act.'

Page

"In page 25, line 32, after the word 'in,' to insert the

words; (a) Bonds, debentures, or mortgages secured upon rates or

taxes levied under the authority of any Act of Parliament or

Provisional Order by any municipal corporation or other local

authority in the United Kingdom which shall be authorised to

borrow on such security; (b) Ground rents arising out of heredita-

ments in the United Kingdom and not exceeding in amount one-

fourth part of the annual value at a rackrent of the premises out of

which such ground rents issue; (c) Debentures or mortgages of

railway companies in the United Kingdom incorporated by Act of

Parliament; (d) Stocks or shares of any tramway or light railway

interest upon which is guaranteed from or charged upon under the

Tramways (Ireland) Acts; (e) Bonds, debentures, or mortgages

secured upon any investments in which trustees are authorised by

this or any other Act to investment funds; (f) Debentures or fully-

paid shares or stocks of any railway. Provided that the sufficiency

or any such investments to realise the sum invested therein upon the

death of the tenant for life or the termination of the trust, shall be

secured to the satisfaction of the public trustees under this Act.'"

The next Amendment read a second time.

Drafting Amendment made.

Lords Amendment, as amended, agreed to.

Lords Amendments--

"In page 26, line 3, after the word 'section,' to insert the words

(4) In the case of all proceedings in relation to any lands sold

under the Land Purchase Acts, or any charges thereon, or any

moneys realised thereby, if it appears to the Court that a trustee is,

or may be, personally liable for any breach of trust, whether the

transaction alleged to be a breach of trust occurred before or after

the passing of this Act, but has acted honestly and reasonably, and

ought fairly to be excused for the breach of trust, and for omitting to

obtain the directions of the Court in the matter in which he committed

such breach, then the Court may relieve the trustee, either wholly or

partly, from personal liability for the same.""

"In page 26, lines 39 and 40, to leave out the words, 'by the

Lord Lieutenant.'

The next Amendments, read a second time, and agreed to.

Lords Amendment-

"In page 27, line 11, after the word, require,' to insert the

following sub-section (14) The powers conferred on the Land Com-

mission by the foregoing provisions of this section may be exercised

by the Land Judge in any case where the purchase money of land sold

under the Land Purchase Acts is or has been distributed by him, and

those provisions shall apply accordingly with the substitution of the

Land Judge for the Land Commission.

The next Amendment, read a second time.

Aug 12.]

Drafting Amendment made.

Lords Amendment, as amended, agreed to.

Lords Amendments.

"In page 27, line 12, after the word 'by,' to insert the words 'the

Land Judge and.""

"In page 27, line 28, to leave out from the word 'that,' to the

first word 'in' in line 32.

"In page 27, line 34, after the word 'county' to insert the words

'the said limitation may, subject to the other limitations in the Land

Purchase Acts, be exceeded where the Land Commission consider that

a larger advance may be sanctioned to any purchaser without prejudice

to the wants and circumstances of other persons residing in the neigh-

bourhood.""

"In page 28, in lines 3 and 4, to leave out the words 'under the

circumstances aforesaid,' and insert the words 'where the Land Com-

mission consider it expedient under the circumstances mentioned in

the preceding sub-section.'

"In page 28, line 25, after the word 'after,' to insert the words

'they become aware of.'

"In page 28, line 34, after the word 'otherwise,' to insert the

following sub-section (2) Not more than one person shall, without

the consent of the Land Commission, be registered as the owner of the

holding under Part IV. of the Local Registration of Title (Ireland)

Act, 1891.'

"In page 28, line 40, after the word 'holding,' to insert the words.

'or part thereof.'

"In page 28, line 41, after the word 'holding,' to insert the words

'or part.'

"In page 29, line 2, after the word 'part,' to insert the words

'the consent of the Land Commission under this enactment may, in

the case of a charge created by a will, be given at any time whether

before or after the death of the testator.'

"In page 29, line 3, to leave out the words 'a holding' and insert

the words the holding executed after the commencement of this

Act.'"

"In page 29, line 7, after the word 'chargeant' to insert the

words 'or, in the case of a charge created by a will or codicil, within

six months from the death of the testator.'

"In page 29, line 12, to leave out the word 'whether.'

"In page 29, line 13, after the word 'instance,' to insert the words

'or with the consent,' and leave out the words 'or at the suit of an

incumbrancer.'"

"In page 29, line 14, after the word 'sold,' to insert the words

'subject to the purchase annuity (if any) and any charge under any

Public Works Acts, but'; and after the word 'all' to insert the word

'other.'"

"In page 29, line 15, to leave out from the words 'incumbrances'

to the word 'of,' in line 16."

"In page 29, line 24, to leave out the word 'require' and insert

the words' request to be furnished with.'"

"In page 29, line 26, to leave out the words 'charged with an

annual sum payable in respect of' and insert the words 'in respect of

which.'"

VOL. CXXVII. [FOURTH SERIES.]

Page

Aug. 12.1

"In page 29, line 27, after the word 'Acts' to insert the words 'has been made.'"

The next Amendments, read a second time, and agreed to.

Lords Amendment

"In page 31, after Clause 58, to insert the following clause: (1) Where, in the course of proceedings for the sale under the Landed Estates Court (Ireland) Act, 1858, or the Land Purchase Acts, of an estate it appears that the owner or any tenants of holdings on the estate are in occupation of portions of an adjoining estate, and that the owner or any tenants of holdings on the adjoining estate are in occupation of portions of the first-mentioned estate, whether such exchange of occupation is the result of an agreement or is occasioned by the alteration of the course of a stream, or otherwise, the Land Judge or the Judicial Commissioner, as the case may be, may, if he thinks it expedient, with the consent of the owners of the respective estates, make an order ratifying the exchange, and the order, or a map or plan annexed thereto, shall show the lands given and taken in exchange respectively. (2) The land taken upon any such exchange shall be deemed to be held by the same tenure, and shall, without any conveyance or other assurance in relation thereto, go and enure to and upon the same uses and trusts and be subject to the same rents, conditions, charges, and incumbrances, as the land given upon such exchange would have stood limited upon and been subject to if the order had not been made; and the land given upon such exchange shall be deemed to be held by the same tenure, and shall without any conveyance or other assurance in relation thereto, go and enure to and upon the same uses and trusts and be subject to the same rents, conditions, charges, and incumbrances as the land taken upon such exchange would have stood limited upon and been subject to if the order had not been made. (3) All rights and remedies for recovery of rents payable in respect of either portions of the lands so exchanged shall be exercisable in respect of, and may be pursued against, the lands given or taken upon such exchange, as the case may be, in the same manner as they might theretofore have been exercised or pursued against the lands originally liable thereto.'

The next Amendment, read a second time.

Mr. T. M. Healy

Amendment proposed to the Lords Amendment

Page

... 1072

"In line 11, after the word 'of' to insert the words or of notice in the prescribed manner to.'"-(Mr. T. M. Healy.)

Question proposed, "That those words be there inserted."

Mr. Wyndham

Amendment to the Lords Amer. Iment, by leave, withdrawn.

Amendment proposed to the Lords Amendment

... 1073

"In line 11, after the word 'owners' to insert the words 'or of notice in the prescribed manner to the owners and giving them an opportunity of being heard.' "--(Mr. T. M. Healy.)

Amendment agreed to.

Lords Amendment, as amended, agreed to.

Consequential Amendment made to the Bill.

Aug. 12.]

Lords Amendments.

In page 32, line 18, to leave out the word 'the' and insert the

worda.

"In page 32, line 36, after the word 'balance' to insert the

following sub-section (3) Where in the like case the Court is

satisfied that the land sold is entitled to be indemnified against any

claim in respect of a superior interest by other lands, and that the

other lands are a sufficient security therefor, the Court may, upon

such terms (if any) and in such manner as appears equitable, exclusively

charge the whole of the superior interest upon the other lands. (4)

The foregoing provisions of this section shall apply with the necessary

modifications, to any superior interest or portion thereof affecting the

land sold, or to the redemption money of such interest or portion, as

if the same were land sold.”

"In page 33, lines 12 to 14, to leave out Sub-section 3."

'In page 33, line 17, to leave out the words 'therein mentioned '

and insert the words of a superior interest.'"

66

'In page 33, line 22, to leave out the words 'for the nonpay-

ment of any sum due to them.'"

66

In page 34, line 6, after the word 'deposit' to insert the

following sub-section (3) Where any land upon which portion of a

purchase annuity has been charged by the Land Commission is con-

veyed to the proprietor of a holding subject to a purchase annuity,

that holding and the land so conveyed shall be deemed one holding,

and the said annuity and portion shall be payable in such manner and

subject to such conditions as may be prescribed.'"

"In page 34, line 42, after the word 'may' to insert the words

'on the application of any person interested or without such appli-

cation with the consent of the Lord Chancellor,' and to leave out the

words such authority and' and to insert the words 'the Judicial

Commissioner if he thinks fit.'"

"In page 35, line 17, after the word 'cent' to insert the words

'per annum.

"In page 35, line 40, after the word 'the' to insert the words

'trustees of the.'

The next Amendments, read a second time, and agreed to.

Amendment proposed to the Bill.

"In page 36, line 15, after the word 'vendor' to insert the words

'or to the trustees of a settlement.'"-(Mr. Atkinson.)

Amendment agreed to.

Lords Amendment.

"In page 36, line 18, after the word 'less' to insert the following

sub section (2) Sub-section 4 of Section 3 of this Act shall apply in

the case of any land in respect of which an advance is made in pursu-

ance of this section."

Amendment proposed to the Lords Amendment --

"In line 2, after the word four' to insert the words 'and Sub-

section 6.'"-(Mr. Wyndham.)

Amendment to Lords Amendment agreed to.

Lords Amendment, as amended, agreed to.

Page