sanguine landlord ever expected it to go. | taking another Division, but he would In no other Bill which came before the suggest that the Amendment be withHouse was there such a clause, and he asked the right hon. Gentleman to limit it. MR. T. M. HEALY asked the right hon. Gentleman to give the people of Ireland some chance. This was a proposal by the Duke of Manchester, and if it had been confined to his own particular estate that might have mitigated its severity. But none of the other landlords asked for it. He respectfully asked that these mineral rights should not be put in pawn for a number of men who were not yet Forn. It was most unfair to say this should go on for ever. It laid an embargo on the industry of the country. Let them say "during their lifetime," or their son's life time, but do not let the Government part with these rights for ever. *SIR JOHN COLOMB assured the hon. and learned Member he was under a great misapprehension if he thought this clause was put in by the desire of a small number of landlords. It represented the unanimous opinion of the landlords. MR. WYNDHAM said every body had agreed that something must be done to meet the case of the landlords who drawn. Amendment to the Lords Amendment, by leave, withdrawn. "In line 6, to leave out the word and insert the word occupier.'"-(Mr. Atkinson.) possessed minerals which were not being worked. Was land purchase to be postponed until some one offered 100 per cent. Question proposed, "That the word for this property, or were arrangements' owner' stand part of the Lords to be made to purchase this property for Amendment." one quarter what somebody else was ready to give? As the landlords had not pressed their views on questions affecting the tenants, he submitted that this Amend ment might be withdrawn. MR. JOHN REDMOND regretted that the right hon. Gentleman had not been able to make a concession to the universal feeling of the Irish benches. The opinion just taken showed the serious view taken upon this matter, but as the right hon. Gentlemen had made up his mind to make no further concession, he saw no object in Mr. McGovern MR. T. M. HEALY said it was a great shame. The Government, he ventured to think, were straining matters to a great extent, and he ventured to say the business would not stand the strain of this Amendment, and the result would be the entire destruction of game in the country. Without the consent of the tenants, sporting rights were absolutely worthless, and yet Amendments were piled up in the landlords' interest, until it was provided that a tenant should have a horde of persons on his "In line 7, after the word 'Court' to leave Amendment to Lords Amendment out all words to end of Sub-section 2, and insert the words under Sub-section 1 of the agreed to. Supreme Court of Judicature (Ireland) Act 1877.'"-(Mr. Wyndham.) to. Lords Amendment, as amended, agreed Lords Amendments. Amendment to Lords Amendment agreed to. "In page 8, line 36, after the word 'Commissioners' to insert the following sub-section (2) Where those Commissioners refuse to. to consent to the vesting of any such monument in them, the Land Commission may, with the consent of the Council of the County within which the monument is situate, make an order vesting the monument in that council, and Sub-section 2 of Section 19 of the Local Government (Ireland) Act, 1898, shall thereupon apply.' "In page 9, line 25, after the word Acts to insert the words to tenants."" "In page 11, line 4, after the word 'person to insert the words 'not under disability' line 13, after 1896' to insert the words 'which interest shall be at a rate not less than 3 per cent. per annum." Lords Amendment, as amended, agreed Lords Amendments. "In page 13, line 13, leave out the words agents or solicitors' and insert the words land agents, solicitors, or land clerks.'" 6 estate to "In line 15, after the word 'nomination" to insert the words may be negotiated.' 'In line 19, after the word 'Commission' to insert the following sub-section :-' (12) Where in the case of the sale of an persons other than the Land Commission an agent has been employed by the vendor to negotiate the sale, such sum as may be sanctioned by the Estates Commissioners may, with the consent of such vendor, be paid to that agent out of the purchase money as part of the costs connected with the sale" "In page 15, line 14, to leave out the words the next Amendments, read a second or order as the case may be' and insert the words for sale.'" time and agreed to. 66 In page 12, line 3, to leave out the word had and insert the word have'; line 6, to leave out the word 'of' and to insert the words ' mentioned in.' Lords Amendment. "In line 17, to leave out the words 'Estate Commissioners' and insert the words 'Land Commission.' "In line 19, after the word 'money' to insert "In page 13, line 9, to leave out from the the following sub-section : 'For the purpose of word 'mentioned' to the end of the sub-section, giving effect to this enactment the Land Comand insert the words any question of law may, mission may, if they think fit, in the case of a if the Estate Commissioners think fit, and terminable charge, satisfy the same by the inshall on the application of any person investment in any securities in which trustees terested, be referred for the decision of a Judicial Commissioner, unless the Estates Commissioners certify in writing that the application is frivolous. (2) Any person aggrieved by any refusal of the Commissioners so to refer any such question may, in the manner prescribed by rules of Court, and within the time prescribed by the Judicial Commissioner, apply to the High Court, or any Judge thereof, for an order requiring the Commissioners so to refer the question, and the decision of the High Court or Judge upon any such application shall be final,'' are by law authorised to invest trust money of a capital sum the annual income of which will be sufficient to satisfy the annual amount of the charge. "In page 16, line 30, after the word 'prescribed to insert the words as if purchase money distributable under this section were money paid or deposited under those sections." the next Amendments, read a second time and agreed to Amendment to the Lords Amendment MR. WYNDHAM said a consequential Amendment should come in here. Clause agreed to. 24, page 13, line 36, at the end insert, "Any charge or incumbrance may be paid off notwithstanding any direction, proviso or covenant contained in any deed or instrument to the contrary." Amendment proposed to the Bill— "In Clause 24, page 13, line 36, at end, to insert the words Any charge or incumbrance may be paid off notwithstanding any direction, proviso or covenant contained in any deed or instrument to the contrary.'"-(Mr. Wyndham.) Amendment agreed to. Amendment agreed to. Lords Amendments. | 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 accord "In page 16, line 37, to leave out the wordingly. In line 39, after the word 'equal' in the' and insert the word 'a.'" "In page 16, line 38, after the word 'ap peal to insert the words or any question other than one of law.'" "In page 17, lines 4 and 5, to leave out the words making a claim upon' and insert the words 'whose claim has been so attached to."" sert the words 'half-yearly or.'" 66 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.' 6 "In page 17, line 11, after the first word purchase of the land and insert the words "In page 19, line 41, to leave out the words 'payable to insert the words 'out of the pur-vesting of land in the Commission."" chase money, or recoverable under any agreement or covenant,' the next Amendments, read a second time, and agreed to. Lords Amendment. "In page 17, line, 13, after the word 'advances' to insert 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: 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.' "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.' mission' to insert the words 'direct the,'” "In page 22, line 27, after the word Com 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 the next Amendment, read a second for sale by the Land Judge was in force at the date of the passing of the Act.'" time. the MR. WYNDHAM moved to omit down time. to the word "contrary." 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.) next Amendment, read a second MR. T. M. HEALY said that by way of preventing the estates being taken out of the Land Courts they had provided that estates in the Land Courts should get a bonus where a receiver existed, but they would not get a bonus where the estate was so encumbered that it was sold practically without the owner's consent. While he believed that the Government had tried to meet the difficulty, he thought it would be found that the provision they had made was not at all sufficient. This was a matter which in many cases would involve great hardship to the tenant. Very many of the Court tenants were in the occupation of evicted farms, that was to say, they were the old tenants of the land who had been put back on the land as Court tenants. In order to sell these estates in the future a new tenancy would have to be constituted, and only a limited sum could be advanced; and, therefore any estate taken out of the Court for the purpose of getting the bonus would involve the creation of new tenancies. He was aware that the Land Court Judge did not like his proposal, but that was no reason why the House should not insist upon it. Although the Government had now provided that the estates which were so embarrassed were not to get a bonus, he ventured to think that as there would be nobody to contradict the owner he would declare that he was not embarrassed, and, in other ways, would try to show that the estate was not encumbered for the purpose of capturing the bonus. The result of this would be that a very large number of estates would be taken out of the Courts to the prejudice of the tenants. The Government had tried to meet the point, but they had not met it successfully, and in future owners would join together with others interested to take the estate out of Court in order to capture the bonus, and by so doing they would deprive the tenants of the amount of advance which they would otherwise be entitled to. He could see plainly when it was possible to get an Amendment and when it was not, and it was evident that some sort of invisible fetters enveloped the Chief Secretary, who appeared to have entered into some agreement upon this question. The House of Commons and the representatives of the tenants had got absolutely nothing in return for the many advantages the landlords had got by this Bill. They had got no quid pro quo for all those Lords Amendment. the "In page 25, line 32, after the word 'in,' to insert the words: (a) Bonds, debentures, or mortgages secured upon rates or taxes levied or Provisional Order by any municipal corporaunder the authority of any Act of Parliament tion or other local authority in the United borrow on such security; (b) Ground rents Kingdom which shall be authorised to arising out of hereditaments in United Kingdom and not exceeding in amount one-fourth part of the annual of which such ground rents issue; (c) Debenvalue at a rackrent of the premises out tures 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 or fully-paid shares or stocks of any railway.' other Act to investment funds; (f) Debentures Provided that the sufficiency of 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. to. Drafting Amendment made. Lords Amendment, as amended, agreed 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 anymoneys realised thereby, if it appears to the liable for any breach of trust, whether the Court that a trustee is, or may be, personally transaction alleged to be a breach of trust occurred before or after the passing of this Act, but has acted honestly and reasonably, and trust, and for omitting to obtain the directions ought fairly to be excused for the breach of of the Court in the matter in which he comnitted 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, time, and agreed to. Lords Amendment. "In page 27, line 11, after the word rights which had been given to the land-require,' to insert the following sub-seclord. Lords Amendment agreed to. tion (14) The powers conferred on the Land Commission by the foregoing provisions of this section may be exercised by the Land Judge in any case where the "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 other wise,' 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. " 6 "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 'charge ant,' to insert the words or, in the case of a charge created by a will or codicil, within six n onths from the death of the testator.' "In page 29, line 12, to leave out the word 'whether." " 6 "In page 29, line 13, after the word in stance,' 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.' دو ne 16." "In page 29, line 24, to leave out the worl require and insert the words' request to be furnished with.'” ་ 66 In page 29, line 26, to leave out the words charged with an an annual sum payable in respect of' and insert the words' in respect of which.'" "In page 29, line 27, after the word insert the words 'has been made.' Acts' to the next Amendments, read a second time, and agreed to. Lords Amendment. 6 "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 same tenure, deemed to be held by the 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 said this was a valuable and useful clause, but he ventured to suggest that in the third |