The Sun. — London, England, 1845-02-24 00:00:00

RE PORT OF THE IHISH LAND COMMISSIONERS. TO THE QUEEN'S MOST EXCELLENT MAJESTY. May it please your Majesty, Your Majesty's commission, bearing date the 20th of Nov., 184 3, having directed us to inquire into the state of the law and practice, in respect to the occupation of land in Ireland, Vchar in respect also to the burdens of county cess and other ge s w h ich fail respectively on the landlord and occupying enant ; and to report as to the ainci,dments, if any, of the " is ting laws, w hi c h , having due regard to the just rights of PrOperty, may be calculated to encourage the cultivation of the ', 3 r to extend a better system of agriculture, and to improve 'i!e elatlsm between landlord and tenant in that part of the United Ki ngdom, ineev7greinttaig,reitiso,,, h.e it le i d s n u o s s t r o o f u , r ,un du . duty to lay before your Majesty statement of our proceedings, and the opinions which our s We met in Dublin early in December, and appointed as our t titravtoeteod.. ,Jaonhdn resident for c e n r n m ed any , formerly of the Royal y, f • years in Ireland, where he has much attention to all matters connected with land in r , entry. t "or attention was, in the first instance, naturally directed d ten ant o examination of the state of the law of landlord an tumet , arid the practice under it ; and with this vi, w weexa engsa,„l"n,ally of th e ass i stant barristers and agents extensively co on 7' 4 In the m anagement of estates in different parts the gener4ri', and othe r p ersons w h om we t h ought l i k e l y to give us inform at ion. stir tb of our . e Purpose also of obtaining evidence upon the subjects .r(mi rasi o l in quiry from different parts of the country, and f Pendell classe s of persons, we addressed the letter (No. 1, al.- eveto this report ) to every board of guardians throughout s 4 " t fY, to every Bishop of the Established Church, to teri 116 m" Catholic Bishop and to the heads of the Presby alSisasnsn%h.urcli, from whom - ' generally we received material !cu m& • Part s of ,‘, ( : u s communications soon poured in upon us, from all cul ar '"e country, many of them having reference to parli for i u ca4 ,es, and others conveying suggestions, or giving hints als o -4 e P lu Yl and several documents, and some witnesses were. 2 ,nt to us for examination by a committee of the Repeal lArt~ ss? l,? ls ,• ti "• We then addressed the circular (No. 2) to the ceiv e d s ircn n whom replies to our former letter had been re ststero ; aho sent the letter (No. 3) to those by whom d call e d s ent ' of particular cases had been forwarded to us, a . n s er _ 'oc several returns, to some of which more particular re- Fro will hereafter be made. tes o r r " l these vari ous sources muc h i n f ormat i on was derived After e left Dublin. I.su t t l sho r t t i me we proceeded through the count i es o f l lons t h it ito r r nagh, Dow n , A ntr i m , L on d on d err y, Ty r one, and W e ts • * itte s ,“ e n a6jou rne d t o L on d on, w h ere we exam i ne d some Plated and in th e course o f t h e summer an d autumn corn s floti g h t ', 4 r tour through the country, having thus visited and taste a'nformation in every county in Ireland, and having at Wits p ,'"an 90 towns examined upon oath upwards of 1,100 and d -4 " , the whole of whose es•id, nee, with their names W e e ' s eri Ptions, will be found in the Appendix. el % "ave thus obtained information from persons of every Pre b „ 0 _, (1 condition f life, and have caused indexes to be ter e ';;:_u_ in such a form . as' will afford a ready means of talr en 7 to any part of the evidence which has been thus W e eXplained, in the letter before referred to (No. 3), the ~r,-"e'Ple upon which we should feel it our duty sometimes to it :stigate individual cases, and to hear comlaints, for which a ' wholly beyond the scope of our commission to afford any e raedy. Il an th ott y such statements have been made to us which, al t., gli each of them may probably relate to a single case, yet, 'llen together, would, if well f ounded, furnish evidence of rihe system calling for alteration and amendment. enever the evidence had reference to the conduct of an ~sindividual, we felt it our duty, as far as possible, to communi eat •` s tl.e e with h• im, and aff or d every opportunity for explanation. ~ sta tements forwa r d e d i n reply to our circulars ( Nos. 5 by those who dud not consider it necessary to tender c o e tn ' l L'elves for examination, we have inserted in the Appendix h ats ,tig such passages as appeared to us irrelevant; . and we J.taken care, by a note in the margin of the evidence, to Jadenable a reference to be made at once to the explanation, and a In t irnelat to be thus formed as to the real state of the case. appeared majority of cases, this course of proceeding has s o C e il f_ d to give satisfaction to the parties concerned ; .but, in an swer v ery few instances, individuals have declined to give any b i , ri to allegations which they designated as calumnious or t th e er; '_, e and have therefore left us no alternative but to repor p re t v o . lace without any explanatory statement. , sta me ., l "uslY to our leaving Dublin, we had prepared and cir tort t paper of queries ( No. 4), with a view to point atten -14%49 directed.those subjects to which our examination would be prin- In the gui d , cl , selection of witnesses for examination we were the °}' the r ecommendation of the board of guardians or of ezragrtYlinanedd others, made in consequence of our circular; we ultht numerous persons who tendered evidence, .and sen se -tit others from whom we thought that we might W e had information• lets ets t ' i ld with us also a full register of all the documents and **-1 0 all nat had been sent to us, with complaints or suggestions °lftiownth we gave such attention and made such in tiest, seeingtrhecPect them, as, in the best exercise of our judg adp to reqnire. , si. oer „ all this, we. saw and conversed with a great -• ""t l ' er s°n9 at differentplaces, whose examination upon e ai d vague_ sot think it proper to take, either on account of el a ,, l ,e' of their statement or of the length of tie that e t s o: s e ;: lo ::Y: t e u tiaor s n l e n si l e si t o i n , e u fa ' cts referrl . to had . oc . curred (10, 20, or t ect, w e 3), or because, admitting all their assertions to be hl R a J ost l ountl they could not afford materials towards form pon the snbjects referred to us. v e nce has run to a great length, and contains neces "Y moo, g of repetition aid sameness. But . we . , were t hay.i;tlik,,t4o°Jeuxe.t ourselves to criticism upon this account 1,„,"If to a.l. Afiese ourselves to the more serious o 8 - I ;"ned , or 'ca. partial selection, either o h p ieh our evidence °414 al) I °. t he Places or subjects to w t e o h a b r e ge e x o . e o t)tl r b P I Y. oi-linytni::eitthvvtasespteoetptroestehnet o a e g e e o n p e a r t a io l ovieowf land,oft kaki, done by f I 1 and state this of could a t n l d e II „liratiod,..., frequently putting ,la t e h e e s. same question ' o f o e • r nre ,11,`,...:,nouiries in diffe rent dtih i ql statement of the result . kt, o ll _ irt iir .,[ l 4 upon any p ro (by e to .7. we think it may n a ot te h ro e u ar n it, n e t r er i e n st v, in h g ic o h r l u o n d in eod - f Pert • g i ve a slight sketch 01 tl e Y j e a , 4 ; Y a,,: d n l_eela.nd has been dealt with w r - e it , b ie, f v or is a in lo ,i n e g ,..t s4r t i . e s s otia t.,'", tioders,7e_ner,lieve that st! '4 l l of th`,, tll in. of the sub subject and to the successful itise e s viis I' 4 t P h t tme: so urces f rom ' many of the present b t ,IY eelteolvti contentions which at various periods and during ' titles orralp disturbed the repose of feudal tenure k, e l te the 'e ally passed from the ofS co i., l r l a te n e d r , 1 14 . , t ‘lti s if: r tn pr o e r s e en c t iv ia il v, i‘ .. ed relation of landlord and tenant, as rel k iltl i t d i ; ::' briefly to show how different has been the case in e eati ‘ nterin at any length into the history o .h f . th h e e p x a e s r t_, 1ekt4,1,11 silo,°itlevrld.tiogticinga few prominent th e m e a x tLe t r i s og it 11 °l'd anti La' Influence in producing ' 4 %4, 4 of tenant. W e alluderelation tc of Ilf!astly, thelizabeth and James— .he N to the . con va fi r s s ca o ti f on c s tti lo. ; , fi ek , of penal c i o , d i e.. ro a m hd w e e o llt any instances, to the possession o tirigiao,lNets by i ndiv ( l ' lna m ls m cc hose more ' I extensive . estates L 's itttl4la4 de them ss regardle and neglectful of their poper. la ttt}ie d. of , eloieo.,confiscations of the lands of O' b tiei t l h l e in p t l h a e nt i a i t o i r o t n h s , s ht 6 l , llte, 4 ,,`!, , i r n the south, were followe d settlement of Scotch et4tor-ngli,hll... Munster ; the extensive . otb 'its A b i ~" the counties of Ulster has introduee r el ov h in a e b e its fr a o n to d a, , er Part," give a different character to . that fe ' , C , tl th ;°f the island. Hence also is supposed to have o e t , r_e h e , Istern of tenant-right, which, toot ßoi .oe a ; e relation of landlord and tenant, aaforming we shallhave t or : iroperferWards to not ice. In Munster e undertakers,lantatioonnsaveas. ii Pline r i tIY carried out, and a class of 'th hY those ai ti , e te rtli _ _ followers whom they dliale oativ4oefatheir grant to introduce,ts_ heeteearemeeqtuhaelllyanbd?,u,rndds 1 II I e a r that r a e n a t , ry in man3: at f i Tr of those districts, pro little change. ,t :N aer ed i : t iforntTrers w ° h h o ' obtained d I;entures from Cromwell, tp i. ,4. l y oesi jee most part, a small e proprietary ; and, bring i'ltkAteY sdiffer:ott.tft,rnenixetzised andoieneflduehn pro et Th e : e of km-111er reign: t y ce tl o i n e t largehe relations and absent ° f itt!'nerdeot'f6scations were followed at a . later period by the tb, ati la , Ith the penal laws, which, affecting as - tl - ey did, the to at h:Potnan Catholics as regarded landed . property, ha T h r , 42 Ireland '4 Very general influence on society in s uc h ref h ose li t . avt s i. . qt l3 't , ' ti ° , 4, 1: uo ttl In their enactment and in their occupieru bs e quaern, and ilto„. lve affected materally the position of 4 , la ude , heY interfered with almost every mode 1 and, 111d,'eati,,t114PertY by those who professed that religiot , _ . Tty, is a feeling of insecurity, directly c dealing hecked tiaeir 1: 1 1 ',. Prol e „tt,,, 4 o f Larit landlords also suffered indirectly . from the L ao, Ina degree,'e same laws ; for, in letting their estates, t they o lt ic r NI I c confined in the selection of their tenans, 11 .44's're t ,,, ° ?e )ld enjoy any permanent tenure under them,.Many I'LL' °l.L is Parted'''sively entitled to the elective franchise. r t ke tt Y, with the whole, or a great 14, 1 ,,th t(C,ting terms, and thus avoided all inferior duties of portion . of th o e o i_ to h a d he were interior occupiers, so that all the inferior hid t .' e ath„. l ett for rerformance to a middleman. The latter, to Jiter-e`Y Placed him regarded the proprietor, dictated v ''''' 4l4l4 .' ? h4nti • in the favourable position in which the laws 1-tlll' nIIY l'i' " titn;rams ar-etogbdttist:idlianngdlord al lil''Qtt :Tstsubletn were seldom inserted. and restrictive 1 44'Lelatrig;tY,}ears aft their first introduction a relaxation Ncrqcong many • ° ° , l plac e . 11 4 ' 4 4 "Y tneasures professedly for the improvement of s ct , oli es t Aet ‘,„ ' - 'passed . 11 which allowed Roman t,ee , , „It Q take a lease for sixty-one years of not less than ten y half an acre of e le ar nf a the site °{y' house, b°g'w'th ont- situated within a are 'tot, 'th e tois o ; a... -- _,-.. !louse, but not to be .14twenty-one ~ h, e 1a to _it . it was n . 0 .. t. , reclaimed t (h th e °ett uli. 7 1 tielvoid. In Ire iit was enacted that titles es,..* her e "Rated should not be disturbed, and Roman Ca ke I'. ja,llo to take leases for any term under 1,000 til a:t: 3 nit I.,2.theY were allowed to acquire freehold property NI - tent ?. Inheritance and in 1793 was passed a further fto 444_4; wil'eh Mater. 11- xtended to f o tas o • h _ la. y affected the position ef landlord Ito, ' Ca t h e , v 40s, franchise was by that Act e kild Ih e ; a'es ; the landlords and the middleman then Nt, snlidi;.4tPortsnee of a numerous following of tenantry, t, iy 141,,, hil l elieu,r and subletting, being by this law irid ' 4 11, 1 raj, ,afgeds greatl •'. e t f' The war with ' n ear was eu et .,,, y increa . 0 m le , thus .ineably the profits of the occupier, l iae le 'Y ix ei: These causes produced throughout t v'ir,4l 41,,,Vrat."1 intermedi ''''bt. "'" Intermediatethethe proprietors, known by the s e l , ii the f a i t ot,i, whose decline after the ces.ation t trio ‘ ion,we prices in 1815, brought with it much of PI•0 1 „R the ave in of late years. Many who, tvyN14144,414 jeig War, had amassed much wealth, had become i, G r e ; others who had not been so successful, 1 11 ') , e 14 Li th ,: e i r r fai a lio t Z I . ) e ' e so a u rs t. lo rnai l n d tain t a u position in society pport. Their sub. 14 4 4 „ ir t who i t i Ltt able t cos could not The middleman t o 4 r t ne iroeLltialiyad come under rent during the same period, : l tkt,P l v eri s h:: l. able to meet his engagements.. All be tot7l ha 'et th e I .' the middleman parted with his interes 4 14. FRI,. , li' the land he ha d hitherto retained in his iL The' 'irn seif and his family were involved rapidly in Ip.,.'"e Landlord • 4 1 ~ I t i d thefor hii rent, or at the expiration of the -') fu ll r s ' . 1 ' many cases, was obliged to look . ''l'erab farms covered With . a pauper, and, it may la Jiesi r , uudant p „ 1 • ti p _ e ue ve ( i ) l ) . ed t h e _ „tpu ation. Subsequently, the Act of lo t 'atth tit Is p,0,.,r11 'cal value of the 40s. freeholder, and Iy it t a , nc e , t kes re y: ,Percy from the burden which this chain t . O" ) a dopt ed g t upon it, the landlord, hen" too many iat we , what lias been called led PIT ) , L 1414'0e thu s . 2 41 01, ^kre be ,ts written will suffice to show how extra nil b uci, h ow et the c ettanges which property has undergone Of thoY..cau,e II lunch it has been affected extrinsic events, ti4‘it4,.lard.,l. orcit:),tinected either with the natural circumstances •ti ll r o il l vv a li ! , ' ; i w of lta'l,4ll°Ple' N ea kis s i e l o th e tio7;ng more clearly under notice the posi c i . l ,, t o t k 4„. acto _Lions referred to us by your Majesty's I t•l a ,, d 0 11 r s nort reyi e 1, 4tl ae a L ally stand, it may be useful, in the next Pe i 11 'g Yc 4 ' °l) ./ent • wof the inquiries which have been st -0, 7 .„ rnittees m a st it r a l ate& of Parliament or by Commissioners *4,.: ° t he y tq 'ttlr e w • , 14 0 tl k b nat ure ; ttnout p r esumption, to make any re lay t ° touch - u 414 °ur° s Qt eritle i'm pon the reports of those from hat ill manyaale i nformation is to be derived, we of them too much rehauce appears to [G E' :R.—FRIDAY. 0 rlv all the busi The unimportant. afternoon were' scurity 1 0 . 0 1) ii(t),2 o t o 5 1,1 get Doleful (t), for the season' a° 845. d on Saturday ors, Bst s 7st 101b--440","1 21b--Celeste , 7st . , filly, 4 Y rs 'oitlf vrs, fist 91b-- Th Raimes's .(; Berwick Mr. 0 0 " ; :NI'S. „, 11.0 6 A rinadale trSat., Cod e°. Engletie day at Bada . sted ICePles' .d Inn, Br°B6e j; an. 10 1 ' at., Burdoll . , , us ii, ri., 21iilton Old _ • dend Greco ; 1. gins'' xreen ; Sato Levett's Gate; _lo. ißurn—lur ; for the 9eoii' r2l_*7 TION• 4 H Friday.) 00' 0 .1 e lurnoce p ort l a ding to t . ll ~i s o be, nosy utilt ;' co ss , ; o l lin v g n c fed rlik;:::::rt.,:li:dove :0, .u,l the 1 1 " Tu t he ri f ;i 2rs, obscurlq,o4" h e pure, b e r g ; VA he people , t citt tally dePl° r o e clat', 0 l eg islators t ,4, , s of poll, pu,p , y of t , Dot Itinutte 10 1 °' r iet ,- o all the P rcl tat ) 01 9 sy has he e ' 4 o , 4 l oP en tions fn' Dot 00 I not elite' 'bp if is L y e c onsl ff` )10 11nPr°'''..id esiit has reeeno tat. c 0 here ,s ore Compalli f 4 01 0 7 41 i0_, ace ina ll, : he F here and bitants. S ed e it is n itpro4,. led, and tit lttre!Otrl s a dapted t idr . n tly tried'_ to ', II 4 ' t apparatus', ttop.,p , and Nate 7:0) or spirited Poi 1 10 # 11t; sitar arses U'ol' ,h e 011'0000;p" M 'ains his v ie DIY rc' t , d by the il l i tott'e, l° ?r-W TR•101 'OOlOOl :he air st a t t il ,;l ' o e xcep All ,j r ; was o r. it tho '7, D t wh e ' to er i ' d '*o recinA 'site a ot, o ci , ,s well A b.0 ,2C OnA - 013 'tit aPP 3'I II by o o i 5 I w ith a C,„,,,ry 1,01,0 .h o , in to o tla . D i t t , 0 hirn , ,, t ioa, ,rinnunt , -._ t he e icititiP , plaCedOf . 0 the " i ' te aclit°l44 ° 4 „,„ caro p i to tte if had .- d f0n , `01 4 ,1 racily , ^ u A t 0 : 1 (0,4, cinders to y k c ; more re s i t tr oc er, l l t 11°w : i rea 0° , 4 04? dens e rer,o; but urr t ; t its ,vere( P e nute Tor ' o f ttle 4 c , istrinuttott aoro, licit in tl ' e 0 ,0 1 0 .n the tr00,01)010' hatever . to b ctot. . ne st de° crf o ot!!,6 t , r t ot io t irtS, e s ough e t : t il te r 1:0 fug, th e 0 , 1 o rr ations , be P es tiger t ar it ° i ' l*° „ to there{ of doin.„,,eufil,ire., 89 their tv t ,risttloiP o r ! s thence such eo seeXingilichi to t hat fv. 'IN 0 ' Ad, „ breolsi"' n odera oA on ow r ' :en tie bre (10 1 o ' l lo , jut , A, , a nd S . Ellr 61 . 1 1;e1 , ,i1; ' 3 ; reast , mald° r '' i ° S t° lie ' rah t, - ' to or, the I w ith w er, 51' ste d nO g ree tb, ..- 4 "terip D ders t ..o 6 0 0 0L ' ef f le i e e t 4 k r:tut esr to p u „d 10,*r 13') r er e s r/1 1 1,9 0 5 1 ' 11 , ,I°#ff ellaboe• Vri rang' Se° D • efi'' . ! o ' e t., r, e.e l go t oP AvA ,t t tH sPttc%Otid i ' e to e ol: .efe ren stio ni ioo o; ott llo erl, iris nctittB 0) 0 , : 0 ar e o o tc en is c LilwaS 5t3 , ief. ter fpa e tO pert t jprell e c oeie t vo T(1 i g r i n co l9 „,nt e t fo' an I itirely 10tue e tr, le, e ° 11 ,; 1 0 /a ri l it i i ) o ° t "' P rW f(i 'tPlit, , t l i ft Itit sorelrovr,rtolo,j, 4lT ' bri ffer ing ,:t lo inn ° t the- lri inti • no_: e h et cou to e: rie t, ) °Their dfs,,,,tot sc , n ts ori • c an° l : l6 - I; s e fo,‘, / qu P :`, Lincoln P;,, o rti i of li j Then estlen ane th c t ?. l ,ren h` n ;,itt V e , l ot he s tb e tliatt „ 0 ,11, .01 1 '4 it nt y Of 0 the cn_atioo alto. no ' c u r l i n u ( - 9 ° l e l:s l it:: a f r ' ne d t :s o err u Z' t l i nn for t' ric love To ts, er, E 0 CoP is ci O/ I—. etto tri D. t 1' 0 " Der e IV' c °ber orriv ea e verle i has beell 4 , 1 c i, o o 00is stntenlent 0,10; s te , e nt 't attJ itobert luis trP le' o v ed f r°ll , l being P ri f°`,, f thcr- n vo- 01 1- in°,l; nu 4, uuu`uut .; d erin!l;4ol, e:;e1;., ,i; gle:f ' the ~„c °, ,:t e trill en t ent,o , iiin t o . t ii: or , re i T :A 'T a ci l te r,glll .-, 7 tu tu 1 5 615, , o f ty i ; p0 ; 0 0 1 0 1 : str oir t d ° P e :feoa l c o lt ‘ c:l e i p te o n ° f n ot tof e or ay° ss oci slo no ) n 1 4 1 , 1 0 itm ► , • on% it i sn ia olt ,,t bee :inse rt reel ° 0 0.0: 0 Er chen- ii c itP s P• „et: 0o , d. oil._ brezr e d eNtlll;Ftneif arcs p 3s' e ' llt Ar :nbo r D ' t9 O U iret of figfto twat beht[n 1/4:;; or ii sc r 01 o fP 0. . 0 THE SUN, LONDON, MONDAY INIORNINCri, FgR RUAR 24 1845 symptoms of improvement, in spite of many ernbirrassing and counteracting circumstances, continually present themselves to the view ; and that there exists a very general and increasing spirit and desire for the promotion of such improvement, from which the most beneficial results may fairly be expected. Indeed, speakiag of the country generally, with some excep tions, which are unfortunately too notorious, we believe that at no former period did so active a spirit of improvement prevail, nor could well. directed measures for the attainment of that ob ject have been proposed with a better prospect of success than at the present moment. We regret, however, to be obliged to add that in most parts of Ireland there seems to be by no means a corresponding ad vance in the condition and comforts of the labouring classes. A reference to the evidence of most of the witnesses will show that the agricultural labourer of Ireland continues to suffer the greatest privations and hardships ; that he continues to depend upon casual and precarious employment for subsistence; that he is still badly housed, badly fed, badly clothed, and badly paid for his labour. Our personal experience and observations during oar inquiry have afforded us a melancholy confirmation of these statements; and we cannot forbear expressing our , strong sense of the patient endurance which the labouring classes have generally exhibited under sufferings greater, we believe, than the people of any other country in Europe have to sustain. the poor occupiers were frequently exposed to-great oppression. The evils consequent upon such a system have been fre quently exposed in authentic reports, and every writer on Ire land has dwelt upon them. The practice cf letting land to middlemen is now rare ; but the system has entailed upon the country the most injurloas consequences, and has been a fruitful source of the difficulties which embarrass those who endeavour to place the occupation of land in Ireland upon a safe and wholesome footing. We must recur to this subject hereafter, when speaking more particularly of the circumstances that usually attend the falling in of one of those long leases held by a middleman. Looking generally through Ireland, we believe that the larger proportion of the land is occupied by tenants-at-will. There has been of late years, from various causes, an indisposi tion in many landlords to grant leases ; and it appears from the evidence, that in some cases, where the landlord is willing, the tenants decline to take them out, influenced to a certain degree by the high stamp duty. Upon some well-regulated estates, the property of intelli gent and liberal landlords, who are upon the best. footing with their tenants, no leases are given ; but we cannot forbear to express our opinion that, as a general system, it is more for the interest of both landlord and tenant that leases of a mode rate length should be granted. We feel, however, that this is one of the points which must be left to the discretion of indi viduals, and we cannot recommend any direct interference by the dcgislature. The most general, and indeed almost universal topic of corn plaint brought before us in every part of Ireland, was the " want of tenure," to use the expression most commonly employed by the witnesses. It is well known that the want of "fixity of tenure" has, for some time past, been sedulously put forward as one of the most prominent grievances of the Irish tenant. some few of the witnesses before us have given to that term, a meaning wholly inconsistent with any regard for the most generally admitted rights-of the proprietors of the soil, but this is not common ; most of them have referred to this subject in much more moderate and r. asonable language. The - uneertainty of tenure is, however, constantly referred to as a pressing grievance by all classes of tenants. It is said to paralyse all exertion, anti to place a fatal impediment in the way of improvement. We have no doubt that this is the case in many instances. In some, probably, the complaint is put forward as an excuse for indolence and neglect. lAIrROVEMENTS. Before we proceed further in dealing yNith this part of the subject, it may be necessary, in the first instance, to give some explanation of the particular expression, —" Improvements," —the want of which explanation would probably lead to much misconception on the part of persons unacquainted with rural affairs in Ireland. It is well known that in England anti Scotland, before a landlord offers a farm for letting, he finds it necessary to pro vide a suitable farm-house, with necessary farm-buildings, for the proper management of the farm. lie puts the gates and fences into good order, and he also takes upon himself a great part of the burden of keeping the buildings in repair during the term ; and the rent is fixed with reference to this state of things. Such, at least, is generally the case, although special contracts may occasionally be made, varying the arrangement between landlord and tenant. In Ireland the case is wholly different. The smallness of the farms, as they are usually let, together with other circurn starlet s to which it is not necessary to advert, render the intro duction of the English system extremely difficult, and in many cases impracticable. It is admitted on all hands, that according to the general practice in Ireland, the landlord builds neither dwelling-house nor farm-offices, nor puts fences, gates, &e., into good order before he lets his land to a tenant. The cases in which a landlord does any of those things are the exceptions. The system, however, of giving aid in these matters is be coming more prevalent. In most cases, whatever is done in the way of building or fencing is done by the tenant, and in the ordinary language of the country, dwelling-houses, farm buildings, and even the making of fences, are described by the general word " im provements," which is thus employed to denote the necessary adjuncts to a farm, without which, in England or Scotland, no tenant would be found to rent it. Under the same common term of improvements, are also included various agricultural operations, such as draining, d .ep trenching, and even manuring, which ought to stand upon a very different footing from buildings. It will be seen by reference to the evidence, that many witnesses of various classes have spoken of the discouragement to improvement that arises from the want of some certain tenure in the land. Some of these refer to the necessity for enforcing the grant of leases, as a remedy for this evil, with respect to which we have before expressed our opinion; while others again seem to think that the same end will be as effectually obtained by some legislative provision, securing to the tenant, under certain circumstances, a fair remuneration for any expenditure made by him of labour or capital in permanent improvements on the farm. We think - that no person acquainted with Ireland, or who takes the trouble of referring to the evidence collected by us, can doubt the importance of encouraging agricultural improve ment throughout the country— incluning in that term improve ment of the dwellings and farm buildings, as well as the better cultivation of the soil. Undoubtedly when a landed proprietor is possessed of an un encumbered estate, or has the command of money, he may give assistance and encourogemmat to his tenants in the most advantageous manner; and a duty belongs to his position in this respect, which sse find to be most faithfully performed in many cases. In some instances the tenant may have capital which he will readily expend upon the land, if he can only be assured that ho shall enjoy an adequate return for his expenditure, in the length and certainty of his tenure, or can have secured to him a fair compensation for his outlay and labour on quitt ing the farm. On the other band it not unfrequently occurs that the only capital which the occupier of the soil possesses is to be found in the labour of himself and his family ; if you show to him in what matter the application of that labour may be rendered most conducive to his own comfort and permanent benefit, and assist him with money or materials which his labour cannot supply, you will generally find the Irish peasant ready to co operate with you in effecting improvements beneficial alike to himself and to the country. It is because we believe in the concurrent testimony of many witnesses that the attainnient of these desirable objects is im peded by the feelings of distrust and insecurity that toe often prevail amongst the tenant class in Ireland, that we venture to recommend tome legislative interference upon this point. The state of Ireland in this respect has not unfrequently en gaged the attention of Parliament : in the years 1835 and 1836, and again in 1843, Bills were presented to the House of Commons, of which the object was to secure for tenants com pensation for any outlay which they may make of a permanent nature upon their farms. Although it is certainly desirable that the fair remuneration to which a , tenant is entitled for his outlay of capital, or of labour, in permanent improvements, should be secured to him by voluntary agreement rather than by compulsion of law ; yet, upon a review of all the evidence furnished to us upon the sub ject, we believe that som e l eg i slative measure will be found necessary in older to gi ve e ffi cacy to such agreements, as well as to provide for those ca ses w hi ch cannot be settled b y pr i vate arrangement. We earnestly hope that the Legislature will be disposed to entertain a Bill of this n a t ure, and to pass it into a law with as little delay as is consistent with a full discussion of its prin ciple and details. 'We are convinced that in the present state of feelings in Ireland, no single measure can be better calenlited to allay discontent, and to promote substantial improvement throughout the country. In some cases, the existence of such a law will incline the landlord to expend his own capital in making permanent i mprovements. In others, he may be called upon, on the eviction or retirement of tenants, to pro- vide the amount for which their claims may be established under the Act. The power which we have already recommended to be given to enable persons under legal disabilities, to charge their estates for certain purposes, will assist in rendering effectual the provisions for compensation here referred to, and in providing against an undue pressure on existing landlords from their operation. We do not express these opinions without having come to the conclusion from a careful examination of the whole subject, that a satisfactory enactment may be framed for this purpose, which should contain some such provisions as the following : 1. A power to register with clerk of the peace, agreements between landlord and tenant, relative to improvements on farms, by draining, or otherwise, and on farm buildings, &c., with a power to assistant barrister to enforce same, with an appeal to judge of assize. 2. In cases where parties do not agree, a power to tenant to serve notice on landlord of any proposed improvement in farm buildings, offices, or exteri or f ences, t h e su it a bleness thereof to be reported on by mutually chose n arbitrators, with power to the assistant banister, on such report, and after examination, to decide and certify the maximum cost, not exceeding three years' rent. 3. If tenant be ejected or his rent raised within thirty years, the landlord to pay such a sum, not exceeding the maxi mum fixed, as work shall then be valued at. 4. Provisions for the registration of such adjudications.„ works to be completed within a limited time from date thereof —and landlord to have power to execute, charging five per ecnt. on outlay, not exceeding estimate stated therein. CONSOLIDATION OF FARMS. The removal of large numbers of tenants or occupiers of small portions of land from their holdings, has long been the subject of observation and complaint. Former reports have remai ked upon it, and adverted to the causes that led first to the multiplication of occupiers upon the land, anti subsequently to their removal. - - The Committee of 1823, in particular, when touching upon this subject, say that during the war, partly from political motives, in adding to the number of voters, and partly from the ease with which high rents were paid for land, an extraordinary sub-division of farms took place. The Select Committee of the House of Lords in 1825 also refer in their report to the minute subdivision of land, the extreme difficulty of preventing it, and the number of persons intervening between the head landlord and the immediate oc cupier. And they state that they observe with satisfaction that the increasing intelligence of landlords is now endeavour ing to apply a gradual remedy to the subdivision of land, and that they entertain a confident expectation, that for the mutual benefit of both landlords and tenants, this remedy will be as extensively applied as circumstances will permit. The Committee on emigration in 1826 and 1827 speak of a growing conviction (alrcdy almost univer sa l) among the landlords in Ireland, of the mischief of the system of an excess of pop u l at i on which at under-tenancy, and of the tends it. In like manner, the Select Committee of 1830 describe the advancement of agriculture during the war, the consequent demand for labour and augmentation of the population, the in creased value of land, and so the temptation to subletting. After alluding to the wretched condition to which the sub division of land and an over-population had reduced the people, their report proceeds— " Such was the state of things so soon a 3 a fall in prices occurred after the peace. A change then began to take place lands. The gre a t d ecl i ne of agri in the system of managing many of the m iddl emen, as well as cultural produce prevented the occupiers, from pay i ng their rents; a n anx i ety began to be felt by the proprietors to improve the value of their estates, and a general impression was produced in the minds of all per sons, that a pauper population spread over the country would go on increasing, and the value of the land at the same time diminishing, till the produce would become insufficient to main tain the resident population. " That evil became so obvious,' continues Dr. Doyle, that the proprietors thought some remedy ought to be applied ; and they did accordingly apply remedies, of the principle of which I highly approve; but I thought, and still think, that those laws ought to have been accompanied by some provision for the poor.' " The new system of managing lands was that of consolida ting farms, and bringing the landlord and tenant more imme diately in contact. It is stated to lead to better husbandry, to a greater certainty of the potatoe crop, to farm buildings and more comfortable habitations, to the gradual improvement of the quality of the soil and the quantity of produce. L ower rents are assumed, but, on an average of sears, larger rents are paid ; and a race of yeomanry is likely to Spring up and to be encouraged. These benefits are so strongly felt, that all the witnesses concur that they are universally recognised by landlords and agents, and are carried into practice as far as circumstances will admit. The risk to be apprehended is not that the proprietors of land should bo insensible to these consi derations, but that-there; sh ou ld, i n some cases, proceed with too much rapidity. " So far from its being for the interest of the landlord to sublet, and so far from there existing any inveterate habit of subdividing farms for the sake'of acquiring higher rents, expe rience has shown that perscnal interest imperatively prescribes a contrary mode of proceeding. It is a mistake to imagine that these clearances of estates have originated with the Subletting Act, or with the statute that raised the franchise; on the col trarv, they existed more than ten years before those measures had been adopted; but it is undoubtedly true that both statutes have given motives or afforded facilities for pursuing a course previously adopted on the ground of private interest. If the condition of the landlord and of those tenants who remain in p tssession of the soil are alone considered, the change is un doubtedly one of unmixed good. But the situation of another class remains to be considered, that of the ejected tenantry, or of those who are obliged to give up their small holdings in order to promote the consolidation of farms. 7 heir condition is necessarily; most deplorable. It would be impossible for language to convey an idea of the state of distress to which the ejected tenantry have been reduced, or of the disease, misery, and even vice, which they have propagated in the towns wherein they have settled; so that not only they who have been ejected have been rendered miserable, but. they have carried with them and propagated that misery. They have increased the stoek of labour, they have rendered the habitations of those who re ceived them inure crowded, they have given occasion to the dissemination of disease, they have been obliged to resort to theft and all manner of vice and iniquity to procure subsistence; but, what is perhaps, the most painful of all, a vast number of them have perished of want.' " Your Committee cannot help hoping and believing that the foregoing powerful statement is one which describes an estreme case ; still, there can he no doubt that in making a change, in itself important and salutary, a most fear!'ul extent of suffering is produced. " The change is unavoidable, and could not have been de layed ; a postponement could not have averted the evil day, which would eventually have come, and have been attended with pressure, aggravated by reason of the postponement. " ' Had the evil gone much further,' continues Dr. Doyle, the misery would of necessity have increased. It was, indeed, essentially necessary to the good of the country that the sys tem should be corrected, and every wise man applauds those measures which were taken for the correction of it; but I be lieve there are very few people who now witness the sufferings of the poor in Ireland, who would not be inclined to say, that along with those acts to which I have referred, there ought to have been a provision made for the ejected.' " Your Committee " (the report continues), " conceive that it is the imperative duty of individuals, of the Government, and of the Legislature, to consider what means can be devised to diminish this mass of suffering, and at the seine time to secure for the country a better economic condition, pro moting a better management of estates, and regulating the relations between landlord and tenant on rational and useful principles." And in 1832, the Select Committee on the state of Ireland, in searching fur the cause of disturbances in that country, re fer to the removal of tenants from farms at the expiration of old leases, as one of them, and add, " But the subject involves so many important considerations, such as the rights and duties of landlords, the obligation of tenants to fulfil the covenants of their leases, and the claims of tenants on humane and indul gent treatment by their landlords, that the Committee have not been able to discover any plan by which the tenants removed may be altogether protected from being exposed to severe hardship." • Feeling this subject to be one of vast importance, we have been very anxious to acquire correct information upon it. In our printed queries we directed attention to the consolidation of farms and the eviction of tenants; and in the oral examinations we constantly addressed questions to Ike witnesses upon these points. The enswers to such questions, together with nume rous explanations which such answers have called forth, are in the Appendix. Upon a review of the whole subject, we feel bound to express our opinion, that there has been much of exaggeration and mis statement in the sweeping charges which have been directed against the Irish landlords. In common with the Committee of 1832, whose language we have quoted, we feel the impossibility of providing any direct remedy by legal enactment for the suffering described in the preceding extracts. The evil arises from the abuse of a right, of which the ex istence is essential to the maintenance of property; but, although we cannot recommend any interference by law with the right, it does not follow that we should hesitate to expose the abuse, or to point out the means which, in our opinion, may and ought to be adopted to mitigate the evils resulting from it. A considerable period has elapsed since the consolidation system first commenced, and the recent instances have been comparatively few. Much, however, of the evil caused by former clearances still remains, but we trust that the increased care and attention given by landlords to their estates will pre vent its recurrence. It is certain that the removal of a number of poor occupiers from the dwellings and the land which they have long held, must be the cause of much individual suffering; and no humane landlord will adopt such a course without using his beet endea vours to alleviate that pressure. It may be useful to consider the circumstances under which, at the present time, such removals of tenants occur. We find no reason to believe that they are usually prompted by feelings of a religious or political character. Individual cases occasionally arise in which the operation of such motives may be traced ; but we think that all who look at the evidence with an impartial eye, will concur in the general conclusion at which we have arrived. The cause which most frequently, at the present day, leads to the eviction of a number of tenants on a particular estate, is the wish of the proprietor to increase the size of the holdings, with a view to the better cultivation of the land ; anti when it is seen in the evidence, and in the returns upon the size of farms, how minute those holdings are frequently found to be, previous to the change, it cannot be denied that such a step is, in many cases, absolutely necessary, and called for by a due regard to the interest of both landlord and tenant. Some witnesses, who put forward most strongly, as matter of complaint, the consolidation of small holdings, into what they call large farms, in answer to the further question—" To what size were the farms brought ;" describe them as enlarged to the extent of 25, 20, or even 10 acres. We give this, of course, only as the general result of our inquiries. There have been, undoubtedly, cases in which large numbers of tenants have been removed, with a view to create much larger farms, or with a view to the occupation of land in some manner more agree able to the landlord ; but these are the exceptions, and not the general practice. In either case, the feeling that is engendered amongst the parties removed and the surrounding population, as well as the opinion which impartial persons will form, must depend, in a great degree, upon the mode in which the removal is conducted. It now frequently happens that upon the expiration of a long lease, a landlord finds his property occupied by a multitude of paupers, who had obtained an occupation of a few roods or acres, either through the want of a clause against subletting in the former demise, or the failure of the landlord through some legal defect, or his own neglect to enforce that covenant, if existing. Many of these poor people are found living in a most miserable way, and quite incapable of managing their land properly, or so as to derive from their small holdings a sufficient supply even of food for their subsistence. It becomes absolutely necessary, with a view even to the con dition of the people themselves, as well as towards any general improvement in the country, to make some change. A humane landlord, finding himself thus circumstanced, if he is resident, or if he has an intelligent and active agent, will have much communication with the individual occupiers. He will inform himself of their respective position and character. He will select a su:ficient number of those best quelified to occupy a farm, and will establish them in holdings of such size as will enable them, with industry, to live comfortably, and to pay a reasonable rent. He will encourage and assist some who may be willing to emigrate. He will aid others in settling themselves upon waste land belonging to himself, or will assist them in procuring it for others, and, for some of the poorest, he will find employment as labourers. In this way he will be enabled at the same time to improve the condition of his property, and to benefit the population with which he has had to deal. Instances of successful proceedings of this nature have been brought before us, affording examples well worthy of imitation. On the other hand, if a landlord, finding a portion of his estate thus overrun with pauper tenants, looks only at the beuefit to be derived from a new arrangement of it, without a sufficiently close attention to the effects of this upon indivt. dual 3, a great extent of misery will often be produced. Arrangements hastily adopted—rules arbitrarily laid down and enforced, for the remodelling of estates, grounded perhaps on some pre-conceived theory in regard to the size of farms— will often be found to disappoint the expectations of the pro prietor, and to produce much individual misery, however lavish the expenditure. The worst consequences may thus result from a want of due caution and careful attention to all the circumstances. Perhaps the agent, after selecting a sufficient number to remain on the farm, advises the giving of a sum of money to the rest. But it is diffiCult to say what compensa tion, apart from land, will be adequate in a country where land alone affords a permanent security for food. The money is soon spent in the temporary maintenance of the family. They may be willing to labour, but can find no employment. Some of them' may be ready to emigrate, but require the ad vice and assistance of a kind friend to put them in the way of taking this step Kith advantage. Others may be desirous of exerting their industry in the re clamation of some waste land, but know not where to apply, or by what means to encounter the first difficulties of such an un dertaking. Thus it is, that a proceeding which under the existing cir cumstances of Ireland is often indispensable, may become a source of comfort or of misery, according to the spirit in which it is carried out. RECOVERY OF RENT. Our inquiries have been also directed to ascertain what is the course most usually adopted by landlords in Ireland for re covery of rent against defaulting tenant!. The evidence upon this point shows the practice to be so different in different places that we cannot pretend to give, with any degree of ac• curacy, a general statement upon it. The remedies open to a landlord are, distress, action in the superior courts, or process by civil bill, and the more indirect method by ejectment. As the power of distress is liable to be abused, and the exer cise of it, under particular circumstances, has been made the subject of complaint, we have given much consideration to the question whether this power could be abolished with advantage to the tenant and safety to the landlord, and we have come to the conclusion that this would not be a beneficial change for either party. The right of distrainin,g ' whether derived from the f e udal or the civil law, has a lw a y s been a part of the common law of England and Ireland. It has been regulated and varied by several statutes, and there is now little difference in the present state of the law in this respect as it prevails in both countries. We believe that the abolition of the power of distress would greatly weaken the just rights of property, pat titularly with respect to the smaller class of tenants; and we think that the change would operate injuriously as regards the poor population, because proprietors would be unwilling to intrust the possession of a cabin or an acre of land to a tenant, if they were deprived of those means of protecting themselves from loss which the right of distress affords. . . Although we do not recommend the abolition of the right to distrain for rent, yet we think that some alterations may pro perly he made in the law which will render the enforcement of it less severe upon a tenant. We recommend that the right to seize growing crops by way of distress for rent shall be altogether taken away. This power ,was introduced into the law of Ireland by a statute of comparatively recent date; it is very liable to be abused, and although it may sometimes be useful for the re covery of rent from a particular class of tenants, yet we think that the evils growing out of it greatly overbalance any advan tage which it can be shown to possess. The statute 6 and 7 William IV., c. 75, requires a notice to be given to the tenant of the amount and particulars of rent for which distress is made, but it appears that no particular time is fixed for giving such notice, and that the want of it is no objection to the validity of a distress. We recommend that it shall be made imperative upon every person making a distress, to serve, or caus e to be served, such a notice at the time of making the seizure, and that the want of it shall render a distress illegal. It appears to us that by the law at present the occupying tenant, under a middle-man or mesne landlord, is in some cases exposed to a double process of distress. Ile ought to be pro tected by statute from this danger. The particular mod e of doing this will req uire further consideration, but we h ave no doubt that it may be effected without danger to the just rights of any party. 1 -We think that a tenant ought to have the power of getting back his property ti at Las been taken under distress, at any stage of tl.e process, before a sale has actually com menced. Some slight alteration of the law will be necessary for this purpose. We recommend that the costs of a distress shall be limited and regulated by law, as is done in England by the statute 57 Geo. 111., c. 93. And there is one further limitation upon the exercise of the power of distress, which we think may be imposed with advan tage. A distress may be made by the landlord or his autho rised agent. It is usually made by the bailiff or driver of the estate, and it does not appear that in practice any written autho rity or warrant is commonly given to the bailiff to make any particular distress. If he is the known bailiff, it is considered that he is the agent of the landlord sufficiently authorised. This mode of proceeding frequently leaves too great a dis cretion with a class of persons with whom it ought not to rest, and we think it of importance that the responsibility should, as far as possible, be made to rest upon the landlord or his agent. We, therefore, recommend that it should be provided by law, that no distress shall be legal unless made by virtue of a warrant or order to distrain in writing, signed by the land lord or his agent, directing the bailiff to distrain the tenants named therein, and bearing upon the face of it the date when, and the place at which, it :s signed ; and further, that no war rant shall be sufficient to authori e a distress which is tot so signed within twenty days of the time when the seizure is made. Our object is, to provide that the personal attention and judgment of the landlord or the agent shall be brought to bear upon the actual circumstances of each particular case, in which it is thought necessary to resort to the process of distress. We believe that, as the law now stands, any irregularity in any part of the proceeding renders the person making the dis tress liable to be treated as a trespasser tab initio. We think that some alteration should be made in this respect, and that landlords should only be liable to an action for irregularity. We now come to the process of . ejectment. To enable the landlord (unembarrassed by the niceties of re-entry for condi tions broken at common law) to enforce the payment of his rent or to have back his land, was the object of the several sta tutes on the subject of ejectment for non-payment of rent in Jreland. The earliest Irish statute is the 11th Anne, c. 2, which, after reciting the difficulties of proceeding at common law, enacts that where more than half a year's rent is due, and the lease contains a clause of re-entry, and there is no sufficient distress on the premises, the landlord may serve a summons in ejectment (similar to the declaration of ejectment in England), without any formal demand or re-entry. The English statute of the 4th Geo. 11., c. 28, contains very similar enactments. In Ireland several other statutes have been passed, viz., 4th Geo. 1., c. 5 ; Bth Geo. 1., c. 2 ; sth Geo. 11., c. 4 ; 25th Geo. 11., c. 13; by which several statutes an ejectment for non-payment of rent may be brought., if a year's rent or more be due, although there may be sufficient distress upon the pre mises, although there may be no cause of re-entry in the lease, and although there may be no lease, if there be an article, minute, or contract in writing, ascertaining the rent payable, giving a mere title in equity. These statutes entitled the tenant to a right to redeem, on paying the rent and arrears within six months after the execu tion of the habere. The above is a short outline of the proceedings fur eject ment in the superior courts. But by the 56 George 111., cap. 85, amended by Ist George IV. cap. 41, a landlord may proceed in the Assistant Barrister's Court, by ejectment for non-payment of rent, where the rent does nut exceed 501. a-year. By the same statute, overholding tenants whose interests have expired, may be proceeded against in the Assistant Barrister's Court, where the premises are held at the above rent, the usual notice to quit being served. This statute has given rise to some complaints. Various returns which have been called for, both by Par liament and by the authority of this Commission, show a formidable number of ejectments served, but present a some what different appearance, when it is seen in what proportion of cases a decree is taken, or the writ of habere actually put in execution. A careful inquiry into the practical working of this statute, has led us to think that it has, upon the whole, proved be neficial to the tenant. It must be recollected for what it is that the Civil Bill ejectment is a substitute. It comes in the place i f a proceeding in the superior courts of which the costs falling upon the defendant were often ruin ous to him. He has no difficulty of availing himself of the right of redemption, if he is able to redeem, and he can rely upon matters by way of defence, which without the aid of this statute he could have brought forward only through the expensive and tedious process of a suit in Equity. For instance, before this Act was passed, if a landlord through caprice or otherwise de termined upon evicting a tenant to whom he had given a pro mise of rene . .val, upon the faith of which promise the tenant had expended his money, the latter could not set up these mat ters as a defence to the action, but the legal right of the land lord must prevail, and the tenant could only obtain relief by a separate proceeding in a Court of Equity. Upon a Civil Bill ejectment the defendant may give evidence of such matters before the barrister, and he may examine the plaintiff himself upon them ; and the judge, acting as a Court of Equity, would decide the cause according to the equity aris ing frost all the circumstances proved before him, and at a very moderato expense. Upon the whole, we do not believe that we should consult the true interest of any class in Ireland if we were to recommend the abolition of the remedy which is given by the statute 56 Geo. 111., c. 85, and which is usually described as a Civil Bill ejectment.. The cheapness of this remedy is sometimes urged as an ob jection to it. We cannot think it consistent with any sound principles of legislation, to keep up the expense of law pro ceedings, avowedly fur the purpose of deterring any man from attempting to enforce a right which the law professes to secure to him. if such right requires limitation, this should be im posed by distinct and direct enactments. And further, in the particular case now under consideration, we greatly fear that an increase of expense would operate as frequently against the poor tenant as in his favour. Some amendments, however, may be properly introduced into this :process. We recommend that in any ejectment brought in any court, the plaintiff should be bound to serve notice upon the tenant, setting forth the amount due, and how made up ; and further, that in any writ of habere issued upon a judgment in ejectment for rent, the amount claimed, together with the amount of costs, should be inserted, and that the sheriff should have power at any time to stay the proceedings, upon payment of the debt and costs. The practice which necessarily prevails under the existing state of the law, upon the execution of a writ of habere, of ac tually removing parties, and all their goods, out of their houses, is often productive of much hardship upon the poor occupier, and sometimes leads to scenes of riot and general disturbance. It is worthy of consideration, whether a special form of acknow ledgment, to be indorsed upon the habere, may not be esta blished, upon the signature of which by the tenants, the sheriff shall be at liberty to make a special return of the execution of she writ. But in such case, it would be necessary to reserve to the court the power to direct further process under the habere, if circumstances should render it necessary. By the present practice, when a mesne lessee exercises his power of redeeming under an ejectment for rent, the landlord may be required to give up the land to him, without any occu piers upon it ; and it is suggested that cases have occurred in which a mesne tenant has permitted, ssc even encouraged, a pro cess of ejectment agninst himself, in order to throw upon the landlord the unpleasant task of removing a number of sub-te nants, so that he himself might, upon redeeming, obtain entire possession of the land. This requires alteration. The defendant, upon redeeming, is only entitled in justice to have the land restored to Lim in the same state as to occu piers in which it was when the ejectment was brought; and we recommend that the law should be amended in this respect. The possession of the under-tenants, or occupiers, who were upon the land when the process commenced, should, for this purpose, be treated as the possession of the lessee. Some additional words appear necessary iu the first section of the 6 and 7 William IV„ c. 73, in order to make it appli cable to a species of tenancy very common in Ireland, viz., a lease for lives, with a concurrent term of less than sixty years ; and also to cases in which the occupier, or any person under whom he derives, may have acquired the possession within twenty years, permissively, or as a care-taker, or from the mere bounty of the proprietor. We recommend that steps should be taken at an early period to revise the laws relating to ejectment and distress, with re ference to the suggestions now made by us. As connected with the ejectment system, we have to notice a practice which prevails in some parts of the country, of serv ing, periodically, notices to quit upon large numbers of tenants holding from year to year, not with any fixed intention of pro ceeding upon such notices, but in order to keep up a continual power over the tenant in case he should not pay his rent, or should otherwise misconduct himself, and which may be acted upon from caprice, or in case of any offence given by the tenant in some matter wholly unconnected with the occupation of his land. With a view to lessen, in some degree, the evil resulting from this practice, we propose that in all such cases the tenancy shall not be determined without twelve months' notice. We further recommend, with a view of encouraging leases, that the stamp duty, in all cases where the rent does not exceed 501. per annum, and the term shall not be less than iq years, or more than 31 years, be reduced to 2s. 6d. ; but that this reduction should only apply to leases prepared according to a form to be specified in the schedule of an Act to be passed for that purpose, and which should also provide that all tenants holding under such leases, shall do so on certain simple conditions, including particularly, an undertaking on the tenant's part not to sublet or subdivide, and on the part of the landlord an obligation to make allowance to the tenant for improvements, either according to the mode we have suggested, or such other as Parliament may adopt. We believe that the revenue would gain, rather than lose, by such an alteration. A further improvement would be made, if the practice were introduced of describing, shortly, the buildings (if any) actually existing, or which the landlord allows to be erected on the premises ; and it would be desirable, that a cheap and easy mode of registering such documents with the clerk of the peace should be provided. In any inquiry relative to the occupation of land, the subject of rent and valuation must necessarily come under consideration. We have endeavoured, as far as possible, by our examina tion of witnesses, to ascertain the average rent usually de manded in different places, and the result will be generally seen in the evidence taken in each particular district. But it would be idle to attempt to draw any general con•• elusion from the evidence, applying, as it does, to so many dif ferent parts of the country, under every variety of circtun stances by which the value of land can be affected. We were glad to find that notwithstanding the great and in creasing competition for land, the p r actice of endeavouring to fix the fair value by a close valuation is becoming every day more general; and although very loose modes of valuation still pre vail too extensively, yet there is evidence to prove a growing win disposition to adopt sounder principles in this r espect.the ap pears that in some cases, public boards, havin g manage ment of estates, are directed by the Act under which they are constituted, to advertise and let their lands to the highest bid der ; we think that power should be given, such cases, to . let land upon a fair and just valuation. We must also notice a complaint that has been brought be fore us by many They allege th: .it tt n h e e " r e o s a . ds for which the landlord had ori ginally received compensation, as well as rivers and water courses, are included the . measurement of their farms. After careful examination, it appears to us, that generally this cir cumstance is taken into consideration infixing the rent of th e farm ; still we ate o f o p inion, that all g ro u nds for misapprehension on this subject should be removed by the omission in future surveys of such roads and rivers from the measurement on whieh the acreable rent is computed. We a re g l a d to f i nd, from the testimony of many intelligent witnesses, that the latter practice is becoming general. AGENCY. It must frequently happen that the landl or d cannot give that personal attention and superintendence which, under present circumstances, are essential to the proper management of land in Ireland. This naturally l ea d s us to make a few observations with respect to agents, a most numerous class, comprising per sons of almost every rank of life, of various qualifications, and upon whose conduct th e comfort of a large population and the tranquillity of a district frequently depend. We examined se veral agents resident in Dublin, under whose management numerous estates are placed, some of which appear to be well conducted; but, as a ge n e ra l p ropos iti on , we must express our opinion that in cases in which the landlord is not resident it is of importance that the principal agent should reside either upon or near to the estate which he manages. The estates of large absentee proprietors are frequently ma. • naged by a resident gentleman, who supplies, as far as possible, the want of a resident landlord ; other estates are intrusted to the care of persons in almost every situation of life. The business of agents in former times was confined almost exclusively to the letting of farms, and enforcing the payment of rent. Fortunately a better practice in this respect is beginnihg to prevail, and most agents now think it their duty to acquire a more intimate knowledge of the property and of the condition of the people. But there is still room for improvement in this respect. In former times the practice of accepting bribes and gratuities by agents, bailiffs, or others connected with the estates, was frequently denounced, and was, we fear, too general. We cannot say that this has altogether ceased, although we are satisfied that such occurrences are becoming more rare. At an early period of our inquiry we directed our attention to the situation of estates placed under receivers in - the Court of Chancery or Court of Exchequer, and we obtained Some returns showing the extent of property so circumstanced. According to the usual practice, when a farm under a re ceiver came out of lease, a sort of auction was held in the master's office, and the land was let to the highest bidder, and as great difficulties were experienced in obtaining the sanction of the Court in snaking any outlay or takir:g any necessary step in the management, these circumstances necessarily-caused all property under the Courts to be left in a very un i mprove d s t ate , and placed the tenants in an impoverished undition. complaints on this subject will be found throughout the evidence. The present Lord Chancellor and the Chief Baron of the Court of Exchequer have recently issued orders which •will tend to remove some of the evils consequent upon the former practice on the properties of lunatics and minors; and as the attention of both these Learned Judges is fully alive to the subject, we have no doubt that such further improvements will be made as may be necessary to snake th e new system work properly f or th e a d vantage of the property and the tenants.' Some difficulties occur in the case of properties brought into Court to be administered for the benefit of creditors ; hint it has been strongly recommended, and is, in our opinion, highly desirable, that a similar system should be made applicable to these ca , es, if the powers of the Court be sufficient - hut if this should not b e th e case , we trust that the Learned Judges Kill not hesitate to cause application to be made to the Legis lature for such alteration in the law as may appear to them ne cessary, in o: der to enable them to administer an estate for the benefit of all persons having an interest in it. But as an encumbered estate must at all times be managed at great expense and at much disadvantage under the Courts, we recommend that every facility, consistent with safety, should be given for bringing such estates to an early sale, rather than allowing them to remain for years the subject of expensive litigation. SALE OF ESTATES. It now rarely happens that land in Ireland is brought into the market for sale in lots of a moderate or small size. Estates are so generally encumbered by family settlements or other , wise, that the expense, delay, and difficulty, which would at tend the dividing them, so as to sell in separate or detached por tions, darter a proprietor from taking this course, although a larger sum might be raised by it in the whole. We believe that there is a large number of persons in Ire land possessing a small amount of capital, which they would gladly employ in the purchase and cultivation of land, and a still larger number, now resident in different parts of the coun try, and holding land for uncertain or limited terms at a rent, who would most cheerfully embrace the opportunity of becom ing proprietors. The gradual introduction of such a class of men would be a great improvement in the social condition of Ireland. A much larger proportion of the population than * at present would become personally interested in the preservation of peace and good order ; and the prospect of gaining admis sion into this class of small landowners would often stimulate the renting farmer to increased exertion and persevering industry. W e think that some facilities may safely be given towards making out titles to land, so as to lessen delay and expense, particularly kith reference to the searches necessary under the system of registry now established in Ireland. It has also been suggested that expense would be ultimately saved in the trans fer of property, if the memorial should contain a full copy of the deed registered ; and it certainly appears to us, that even if this suggestion should not be adopted to its full extent, it is necessary, with a view to prevent fraud and litigation, that all the powers given, or restrictions imposed by settlements or trust deeds, should be fully set out. Every suggestion, however, for the attainment of these objects, will require consideration by persons of the highest professional eminence, before any attempt shall be made to carry it into effect. AGRICULTURAL INSTRUCTION. There is a great desire amongst all classes in Ireland for im provement in agricultural knowledge. In many parts of the country farming societies have beers established upon a large scale. Without wishing to underrate the usefulness of such socie ties, we must consider as even more important the adoption of such plans as shall give to the small farmer practical instruction in the best method of cultivation. In many parts of Ireland the question is not alone, as in England or Scotland, whether improved cultivation will enable a tenant to make a better profit or to pay a better rent, but whether the small portions in which it is certain that, for many years at least, the land must be oc cupied, will enable the holder to provide sustenance for his family, and pay even a moderate rent. The establishment and maintenance of agricultural schools, such as that carried on at Templemoyle, in the county of Derry, or such smaller establishments as that at Larne de scribed in the evidence of Dr. Kirkpatrick —the employment of an agriculturist who shall give personal instruction and assist ance to the small farmer and peasant—the introduction of a good system of draining, of better implements, better seeds, and improved breeds of cattle—the cultivation by spade, or at the least possible expense, of a small farm as a model, which it it may be within the reach of a poorperson to follow ; all these are methods of teaching, each or any of which a landlord or an agent may employ upon a greater or a smaller scale, according to circumstances, and by the use of which he will lay the cure and solid foundation of general improvement. The most advantageous mode of making such arrange ments must be left to the judgment of individuals as the cases arise ; but we wish to direct attention particularly to the school at Larne, in which town some public-sriritel indivi duals have taken a few acres of land at a very high rent, and have there had imparted by the master of the national school such scientific and practical farming knowledge to some of the day scholars attending as has excited a spirit of inquiry even in Scotland, so famous for its husbandry, which is likely to add extremely to the utility of the paro chial schools there. The Committee on Agricultural Education, appointed at the meeting of the Highland Society in Glasgow, in reference to the high testimonial transmitted to Dr. Kirkpatrick, thus express themselves, " We cannot but attach value to this do cument on account of the opinion it expresses of so many ex perienced and intelligent persons —as to its being practicable to impart to young boys much agricultural instruction which will be useful to them in atter-life—as to its being practicable to impart it in the existing schools, and without interfering with the course of education there—and as to its being desirable to introduce such instruction into the parish and other elemen tary schools in Scotland." EMIGRATION. We have formerly adverted to the report of the Committee on emigration, made in 1826 and 1827, strongly recommend. ing the encouragement of emigration from Ireland. The fa. vourable opinion of the Committee of 1830 has been already stated by us. The Committee on the state of Ireland in 1832, also propose emigration as a mode of alleviating the distress occasioned by the removal of tenants, and recommend the application of pub lic money in aid of any sum which may be given to the removed and destitute tenant by his landlord. The Committee of Poor Inquiry, " consider it due to the whole community, and the labouring class in particular, that such of the able-bodied as may still be unable to find free and profitable employment in Ireland, should be secured support only through emigration or as a preliminary to it." They state, however, that they " do not look to emigration as an object to be permanently pursued upon any extensive scale, nor by any means as the main relief for the evils of Ireland ; but do look to it for the present, as an auxiliary, essential to com mencing a course of ameli ora ti on ." The eommittee on Public Works (second report) in 1835, on the contrary, cannot concur in the opinion that the social disease of Ireland is produced by a real excess of population. " It may be doubted whether the country does contain a suffi cient quantity of labour to develop its resources ; and while the empire is loaded with taxation to defray the charges of its wars, it appears most politic to use its internal resources for improving the condition of the population, by which the revenue of the Exchequer must be increased, rather than encourage emigra tion, by which the revenue would suffer a diminution, or than leave the labouring classes in their present state, by which po verty, crime, and the charges of Government must be inevitably extended." We should be sorry to sce the system of emigration pushed beyond the extent to which it is called for by,the population, or forced upon any persons who do not cheerfully look to its adoption as a means of providing for themselves or their families • but, after con s id er i ng th e recommen d at i ons thus repeatedly made upon this subject, and the evidence of Mr. Godley, in which the diff eren t v i ews o f t hi s su bj ect are well given, we desire to express our own conviction that a well organised system of emigration may be of very great service, as one amongst the measures which the situation of the Occu piers of land in Ireland at present calls for. We cannot think that either emigration or the extension of public works, or the reclamation and improvement jof land, can singly remove the existing evil. All these remedies must be provided concur rently, and applied according to the circumstances of each case. In this view, and to this extent only, we wish to direct atten tion to the subject of emigration. Since the publication of the reports from which we have made extracts, useful regulations have been made and carried into effect, under the superinten dence of the Emigration-office, with a view to the assistance of those who are disposed to emigrate, and we think that without any considerable outlay of public money, further encourage ment may usefully be given by the Government with a similar object. Probably the most unobjectionable and useful mode of affording assistance from the public resources, would be to grant portions of land, at a very low or almost nominal price, to those who could show that they are able n g d e and w cu e tilltidva ready it ; and it appears to us, also, that so by themselves or their dependents, to w eaant wages, settledv aa emigrant, gained if measures could be taken in this common with landlords, or with the p ersons country, by the Emi gration Office in uponelesir desirous emigrat e, taorr ival is Canada,f or securing slidin m a location theinstancesionptorelimy steps might also pinarrov labour at fair by which means - the be takers in preparing land for cultivation. By t h e assi s tance o f such remunerative labour, the poore s t c l ass of emigrants may look forward to the purchase of a spot of land for themselves. Much consideration of details will be necessary to give prae• tical others eff more usefully to tgagnese suesin thistions, wreport.hich ntay be ent ere d upon by WASTE LANDS. Connected with many of the largest estates in Ireland, there aro extensive tracts of land thinly peopled, d affording op an portunities for easy reclamatio n . • Without going the length of supposing that employment for the people upon bringing such lands into a profitable cultivation is to furnish a cure fur the evils of Ireland, we concur in the opinion so strongly expressed in former reports, that very great advantages may be expected from • el* icious arrangements for that purpose. Undertakings of this nature will be attended with more or less benefit, according to the greater or less degree of judg ment exercised in the selection of spots to be reclaimed, and of prudence in the mode of carrying on the operation. We do not wish to encumber this report with agricultural details or calculations; and general statements of expends, or of profit, frequently tend rather to mislead than to in-' struct. We prefer, therefore, appending to this report some notes of Mr. Griffith's (No. 7), as to the extent and nature of the waste lands of Ireland, and we shall give in the Appendix to the evidence, a abort account of some of the attempts at reclamation, which we ourselves visited, and several docu ments relating to the subject. Among the projects formed for this purpose, we may notice the Irish Waste Land Improvement Company, incor porated by 6 and 7 Wm. IV., c. 97, authorised to raise money by shares, to take land up on l e a se for the purpose of ng reclaiming it, and to obt a i n a return by state. That Company or selling such land its an imprered .. s has been in operation since e pluming of 1 t r ac t s lease Wren the Act, and has taken upon emp.oy upon which I taw capital has been a i m) : giving ng 4A famiiies. assistance to many poor . encouragement amid land into cultivation ; but their funds are not by bringing such large, and are, therefore, limited. The evidence their operations of Colonel Robinson , managi ng director of the company, racy be placed upon some ene favourite plan, as likely to afford an effectual remedy for the admitted evils; whereas we feel certain that such substantial and permanent relief to the distress still prevalent in Ireland, can only be hoped for from a combination of measures adapting themselves to the varying circumstances under which the owners and occupiers of land are placed in dif ferent parts of the country. We find that the Commissioners appointed to inquire into the nature and extent of the several hogs in Ireland, and the prac ticability of draining arid cultivating them, appointed under the 49th George 111., c. Itt2, made four several reports in 1810, 1811, and 1814, in which they express their entire conviction of the practicability or cultivating with profit an immense ex tent of land lying waste in Ireland. They confine their re commendations to the legislative removal of the obstacles to the improvement of these lands, which arise from the uncer tainty prevailing with regard to the boundaries of contiguous estates, and from the existence of various rights upon them, which are claimed by the neighbouring tenantry • and to which obstacles they considered th a t th e uncu lti vat ed state of these lands was chiefly to be ascribed. In the year 1819 a Select Committee of the House of Com mons on the state of disease and employment of the poor in Ireland, regretting the small extent to which the recommends tions of the farmer Commissioners had been acted upon, and pointing out the great evils of a redundant population, recom mend the adoption of measures for the clearing, lowering, and embanking of rivers, by which so much low ground in various parts of the country is flooded, and for the drainage and re clamation of bogs and marshes. They also strongly urge the opening of communications through the mountain districts, and with the fisheries on their coasts, on principles similar to those applied in the case of the Highlands of Scotland. The Select Committee of the Commons, in 1823, advert to the mi•ery among the poor, arising from the want of employ ment. This want they considered might be supplied, in part at least, by the extension of the linen trade to the south of Ireland—by the continued encouragement of fisheries—by the erection of piers and the formation of harbours—by the open ing of mountain roads, and by any other works of public utility; all being aided and encouraged by public money, "given by the nation to stimulate private exertions." The Committee also express their concurrence in an opinion stated in the report of 1819, of the necessity of passing a general Drainage Bill for Ireland. The reports of Committees of both Houses of Parliament, in 1825, contain a great variety of suggestions made to them ith reference to the political and social state of Ireland, which they press upon the attentive consideration of Parlia ment ; but as these suggestions are rather reported as points for consideration than as being supported by the opinion of the respective Committees, it does not appear to be necessary to state them at length in this place. In three reports in 1826 and 1827, from the Select Com • mittee on emigration from the United Kingdom, the condi tion of Ireland, and the state of its poorer classes, are par ticularly referred to, and emigration advocated as the only effectual means of removing the evils of over-population, pauperism, mendicancy, and destitution which prevail in that country, and of obtaining the advantages proposed to he effected by the Irish Subletting Act, then lately passed (7 Geo. IV., e. 29.) In 1830 a Select Committee of the House of Commons, on the state of the poorer classes in Ireland, took a large body of evidence on the condition of the people of that country, and in their report laid before the House a summary of that evidence, with their observations upon it. In speaking of the peasantry generally, the Committee state " a very considerable praportion of the population (variously estimated at a fourth and a fifth of the whole) is considered to he out of employment." Great distress is described as ensuing from the want of demand for labour; but notwithstanding the misery in many districts, there is said to be evidence of great improvement in the state of the peasantry of late years, and every indication of its continuance. The next topic reported on by the Committee is the law and practice in the relations between landlord and tenant. After describing the extent to which the subletting and subdivision of farms and lands had been carried during the war, and under the influence of war prices, and the change in the system of managing lands which took place at the peace, they speak of the misery occasioned to the ejected tenantry by the consolidations of farms. Still, however, being of opinion that such consolida tion was absolutely necessary, the Committee proceed with a summary view of the state of trade—the effects of steam navi gation—the state of manufactures—the state of the savings' banes, and the charitable loan societies—the health of the poor, as shown by the admission to fever hospitals--and the state of the country, as described by the criminal returns; and after an account of the laws which affect the poor, and of the charitable institutions of Ireland, both public and private, they state the remedial measures which they propose fur adoption, of which the following appear to come within the scope of our inquiry :- 1. The extension of public works upon the principle of loans repayable and adequately secured. By extracts from former reports they prove that for a long period admissions have been made by Parliamentary authori ties, that the then system of carrying on public works had been lung open to serious objection. They describe the system pursued : in the Highlands of Scotland, and the beneficial results attending it, and state their conviction that equally good effects would ensue from the adoptions of a similar system in Ireland, founding that conviction on the great improvement produced in various parts of the country by public works, effected by public grants or loans in aid of local funds, or upon the security of local taxes. 2. The extension of inland navigation on similar principles. 3. Improvement of the grand jury laws. After referring to the importance and nature of these laws, the Committee turn to the question of the applotment of the assessments, and express their decided opinion ,that the county assessments should, in whole or in part, be imposed upon the landlords. In support of their view, they qUote from reports made by former Committees, and the evit:ence taken before them on the subject. The Committee advert to other proposed amendments in the grand jury system, relating to the more equable distribution of public works, and a more convenient period for their exe eution=viz., when there is least demand for agricultural la bour, and to the establishment of money payments in all pub lic works. 4. Drainage and embankments. The Committee, strongly impressed with the advantage of this class of improvements, recommend the trial of one or two experiments in the reclamation of waste lands, on a limited scale, at the public expense. 5. A correction of the abuses incidental to the system of tolls and customs. 7. Emigration. Emigration is considered by the Committee to be pecu liarly applicable, as a remedial measure, to the present state of Ireland, and of the relations of landlord and tenant there. They recommend that facilities should be afforded by Go vernment to such peasants as were disposed voluntarily to emi grate, and who could, either by themselves or their landlords (it being for the interest of both that farms should be consoli dated), provide funds to defray the expense of their passage and location in America. 10. A correction of the abuses incidental to custodian writs. 11. A cheap and effectual mode of determining disputed wills, legacies, and intestacies, for small sun's. It is proposed by the Committee to give power to the as sistant barristers to adjudicate in those matters, in respect to sums of a limited amount. The report conchides with the enumeration of a series of measures, proposed with the view of carrying out the recom mendations contained in it. As a means of alleviating the distress occasioned by the re moval of tenants, it is proposed by the Select Committee on the state of Ireland in 1832, that public money should be given in aid of such sums as may be paid by a landlord to a removed and destitute tenant, with a view to its being employed in emigration. The Select Committee, in 1835, on the amount of advances made by the Commissioners of Public Works, in their two reports, urged the importance of an extension of public works, on the principle of loans and grants; and of an ex tensive system of drainage and land improvement under the Board of Works; and they proposed several amendmi.ths in the law, to give additional facilities fur the attainment of both these objects. Among other matters not embraced by the commission under which we are acting, the Commissioners of Poor Inquiry (in their third report, 1635) recommend the adoption of mea sures to promote emigration trom Ireland, partly by aid from the general funds of the empire, and partly by rates and contribu tions in Ireland. With a view to the improvement of land in Ireland, they recommend the appointment of a Board of Improvement, with extensive powers for the drainage and reclamation of unculti vated and partially cultivated lands. They propose to combine in some respects the operations of this new board with those of the Board of Works, and that the fund at the disposal of the latter should be increased ; they also recommend that additional powers should be conferred on that board, with a view to the promotion of all public works; and in order to remove some of the obstacles which have hitherto stood in the way of ex tensive improvements, they propose to give to tenants for life, &c., in Ireland, certain leasing and charging powers not now possessed by them. The Committee of 1836 directed their inquiries into the duties, salaries, and fees of the officers paid by the counties, and into the presentments compulsory on grand juries. 'I hey recommend the union of same offices, more particularly of the Clerk of the Crown and the Clerk of the Peace, and that the duties of the united office be performed in person by a resident officer ; also the appointment of assistants to the county surveyor, and the reduction of the class of compulsory presentments. The Commission of 1840, appointed to revise the several laws whereby moneys were then raised by grand jury pre sentments, recommended, among many other changes, that magistrates qualified by property within the barony, and the elected guardians of the poor, should alone form the dis trict presentment sessions' court, of which there was to be but. one in the year; that there should be a finance committee and road wardens to pay the contractors quarterly; that the Board of Works should have a corps of assistant en gineers under it for the more effectual control of new roads ; that the offices of clerk of the peace and clerk of the crown, and those of treasurer and secretary, be united ; that a judicial committee of the Privy Council be appointed as a board of appeal from the decision of grand juries and of the Board of Works, and that the Privy Council should make rules for the management of all gaols. Lastly, the Committee of 1844, on the townland valuation, recommended that the system of valuation which had been adopted on the stiigOitiatt of the select committee of 1824 on the survey and valuation of /relaud, and under the provisions of the 6 and 7 Wm. IV., c. 84, should be discontinued, and that a tenement valuation according to the net annual value for a fair average term of years, and - applicable to the imposition and levy of all local taxes, be substituted. Th.?) , then proceeded to suggest that the county cess and the poor rate should be levied together, and that the same prin ciple of payment between landlord and tenant be applied to both taxes. • _ The principal measures which appear to have followed from :hone various Committees and Commissions have been, the tow gland survey, the valuation Acts, the several public works Acts, the drainage Acts, the Act for the abolition of custodiam writs, an extension of the civil bill jurisdiction to legacies of small amount, and the alteration of the grand jury system by the Acts of 1834 and 1836. _ . . At this stage of our report, and before adverting to those details to which the course of our inquiries has directed our attention, it may be proper to make a few observations of a general nature, and having, as we conceive, an important bearing upon every part of the subject under consideration. Whatever difference of opinion may be put forward or enter tained upon other point , , the testimony given is unfortunately too uniform in representing the unimproved state of extensive districts, the want of employment, and the consequent poverty and hardships under which a large portion of the agricultural population continually labour. The obvious remedy for this state of things is to provide remunerative employment, which may at once increase the productive powers of the country, and improve the condition of the people. By what means and under what arrangements for the occu pation of land, this object can be most certainly attained—what difficulties and impediments may be removed—and what assist ance can be properly given by the interference of Parliament or the exertions of individuals, are points well worthy of considera tion by all those who have the welfare of Ireland at heart, and upon which it will be our duty to offer some suggestions ; but we wish, in this place, to record our decided opinion, that agri cultural improvement, that is, an increased and improved culti vation of the soil of Ireland, is one of the first and most im- portant steps towards improvement in the condition of the people. Another general remark which our tour through the country and an extensive intercourse with the farming classes enables us to make, is, that in almost every part of Ireland unequivocal TENURE. The expression, " tenure of land," may be used with re ference either to the landlord's estate, or to.the interest which an occupying tenant has in his farm. In this latter sense it has been commonly used by the witnesses, and is generally understood in Ireland; and in this sense we consider it to form the principal subject of our inquiry ; but we think it ne cessary in the first instance briefly to notice a few cases in which the nature of the landlord's interest may have an influ ence upon the dealing with his tenants. It will be observed that we sought the opinion of most of the witnesses in reference to impediments in the way of improvements, arising out of the nature of the landlord's interest. The number of proprietors of land in Ireland is small when compared with its extent and the amount of its agricultural population. This circumstance, while probably it is one of the causes which has led to the want of that personal attention to the condition of the tenantry, which is at once the duty and interest of landlords, renders also the impediments in the way of improvement, arising from the nature of the proprietors' tenure, a matter of more urgent public importance in Ireland than el-cohere. It frequently happens that large estates in that country are hell by the proprietors in strict limitation; and the pecuniary circumstances of the landed proprietors generally, arising, in some cases, out of family charges, and resulting in others from improvidence or carelessness possibly of former proprietors, disable many, even of the best disposed landlords, from im proving their property, or encouraging improvement amongst their tenantry, in the manner which would conduce at once to their own interest and the public advantage. Many of the evils incident to the occupation of land in Ireland miy be at tributed to this cause. The removal of impediments, as far as it is possible to re move them by legislation, has formed the subject of inquiry and remark by the Committee in 1835, on the public works, and various suggestions upon it have been offered to us in the course of our inquiry. In accordance with the recommendation of that Committee, we are of opinion, that for the permanent improvement of an estate—confining that expression to such operations as may properly be considered of an agricultural character—tenants for life, and other persons under legal disability, should be em powered, subject to proper and efficient restrictions, to charge the inheritance, to an amount not exceeding three years' in come, for such improvements, being bound to repay the prin cipal by instalments, and to keep down the interest. This is no new principle. In Scotland, by the statute, 10 George 111., cap, 51, commonly called the Montgomery Act, tenants for life are empowered to charge the estate, to a certain extent, with monies laid out by them in improvements ; and in many instances in which it has been found impracticable, or very difficult, to comply with all the requisites of that Act, the principle has been fully recognised by the Legislature, which has passed private Acts with the same object. It is well known how greatly the agriculture of Scotland has improved under a liberal expenditure of capital, and how much the improvement has contributed to increase the property and promote the pros perity of the country. In England and Ireland powers are frequently given by Par liament to trustees and others to grant long leases, or even to compel sales of land, for purposes considered to be of public interest, where the instrument under which the estate is held has given no such power. We may confidently state that neither the improvement of land in Scotland, nor any of the objects for which the powers last referred to have been given, were of such paramount importance as an improved system for the occultation of land in Ireland is at this time. It must never be forgotten, that an improved cultiva tion, with the consequent increase of produce from the soil, and of comfort to the occupier, are not matters of private or individual interest only, but are intimately connected with the preservation of public tranquillity and the general prosperity of the whole empire. ft may also be ob served, that in the statute I and 2 Win. IV., c. 33, commonly called the Public Works Act, and also in a still more recent statute, 1 and 2 Vie., c. 55, the principle of enabling persons having partial interests to make charges for purposes bene ficial to the estate has been recognised. We hope, therefore, that an effective measure, founded upon the principles to which we have now referred, may soon become the law of the land. Amongst other measures calculated to facilitate such opera tions, we think it would be desirable that the Hank of Ireland should be empowered, like the hank of England, to lend money on landed security. In adverting to the character of the landlord's tenure in Ireland, it is our duty to observe upon a species of tenure, scarcely known elsewhere, which prevails very extensively in that country, one-seventh of Ireland being said to be held under it. We allude to the tenure by lease for lives, with a covenant of perpetual renewal on payment of a fine, some- Vales merely nominal, on the fall of each life. The origin of this tenure is said to he traceable to the condition and state of property, consequent upon the extensive confiscations to which nearly the s hole of Ireland has at different periods been subjected ; the grantees, being generally absentees, and desi rous of securing a recognition from time to time of their pro prietorship, as well as the power of recovering their rents, are supposed to have originated this form of demise. _ . ibis tenure, though manifestly intended to be perpetual, has proved a source of frequent litigation. Various construc tions have been put upon the covenants for perpetual renewal. We cannot more clearly exhibit the extent of this evil than by citing from Mr. Lynch's.' Measure for Ireland "a quotation he has given from a judgment of the !ate Sir M. O'Loghlen, when Master of the Rolls in Ireland, in reference to this sub ject. " Every day's experience shows how very uncertain the duration °fan interest under such a tenure is. Forfeitures of the right to enforce a renewal daily occur, through the neglect of tenants, or the dexterous management of landlords. Cove nants treated in some cases for more than a century as entitling tenants to renewal for ever, have been construed by courts of justice as not conferring that right. Any person who is much engaged in the investigation of titles under leases of lives re newable for ever, will find in almost every abstract of such titles a statement of the result of one or more suits in equity for enforcing the right. The usual statement is —the right to a renewal having been questioned, it became necessary to file a bill in equity." In addition to this high authority, we may refer to the evidence on this head. To remedy the inc,nvenience and ill effects which arise from this species of tenure, we recommend that powers should be given to the lessor and lessee in all cases to commute the tines into an increased rent, and thus to convert the tenure of leases of lives renewable for ever into an absolute perpe tuity—a power being given, as in the Church. Temporalities Act, to distrain and eject in eau of non-payment of the reserved rent, and to refer to a court of equity all questions as to the pecuniary value to be placed on any reservations by covenants which may interfere with the proper cultivation of the land. We also think it would be desirable that extended leasing powers should be given, under proper- and equitable restric tions, to tenants for life, and to boards or corporations whose powers are restricted by law, such as incumbents as to their glebe lands, the provost and felloxs of Trinity College, the trustees of Erasmus Smith, the Board of Education, and the trustees of Sir P. Dunne's and Wilson's hospitals. In the account given by witnesses throughout Ireland, of the mode in which occupiers hold their land, the most striking peculiarity is the custom prevalent in the northern counties, called the tenant-right. The origin of this custom has been the subject of much spe culation, but is now rather a matter of curiosity than of present interest. It dates from a very early period, having probably sprung up, as we have already noticed, as a natural consequence from the manner in which property was generally granted and dealt with in that. part of the country. Large tracts having become the property of public bodies, or of individuals resident at a distance, the landlords were well contented to let their farms to those who would under take the cultivatiim and entire management, reserving to themselves a rent, but making no .expenditure, and exercising little interference with the land. Under such circumstances, it seems neither extraordinary nor unreasonable that a tenant quitting a farm, either at his own desire, or from any difference with his landlord, should obtain from his successor a sum of money, partly in remunera tion of his expenditure, and partly as a price paid for the pos session of land which the new tenant would have no other means of acquiring. From this state of things a feeling of proprietorship appears to have grown up in the tenant, which continues in a great de gree to the present day; and the extent to which it prevails may be seen by reference to various parts of the evidence taken in the province of Ulster. Under the influence of this custom, the tenant claims, and generally exercises, a right to dispose of his holding for a valuable consideration, although he may himself be a tenant at-will, and although he may have expended nothing in perma nent improvements. We found that in various parts of that province, sums equal to ten, twelve, or fifteen years' purchase upon the rent, are commonly given for the tenant •tight ; and this, not only where the rent is considered low, but where it is fully equ4l to the value. Proprietors generally have been enabled to place a restric tion upon this tenant-right, so far at feast as to secure a power of selection with respect to the tenant, and to place some limit upon the amount to be paid ; wisely judging, that a tenant who pays a large sum of money (part ot which he probably borrows) in entering upon a farm, will be crippled in his means for the proper management of it Anomalous as this custom is, if considered with reference to all ordinary notions of property, it must be admitted that the district in which it prevails has thriven and improved, in com parison with other parts of the c ,untry ; and although we can foresee some danger to the just rights of property from the un limited allowance cf this " tenant-right," yet we are sure that evils more immediate, and of a still greater magnitude, would result from any hasty or general disallowance of it, and still less can we recommend any interference with it. by law. The increasing interest which many landlords, particularly some amongst the largest proprietors, take in their estates, the improved intercourse with their tenants, the liberal expendi ture made by some of them in permanent improvements, all tend to place the relation of landlord and tenant upon the foot ing most advantageous for both, and in proportion as feelings of confidence grow up, the evils of an unrestricted tenant-right will be avoided, and the beneficial results which, under a modi fied form, it is calculated to produce, will be secured. Both with respect to the district to which we have now been referring, and to ether parts of Ireland, it would be easy for us to direct attention to many instances of estates upon which the good effects of a steady and judicious management are becoming daily apparent, but we feel that if we were to do this we must also, in justice to the whole subject, point towards other properties with respect to which there is much that re quires alteration and amendment ; and we should thereby em bitter and prolong those feelings of distrust and irritation which it is our duty to allay. We shall, therefore, throughout this report, make our obser vations as general as possible. Speaking generally with respect to the occupation of land in Ireland, we find that it is usually held under terminable leases for various terms, or by tenants from year to year. A person having a lease fir ever is more commonly to be found in the class of landlords than of occupants. It was formerly the practice with most landlords, particu larly those who were absentees, to grant long leases of a large tract to some individual who was answerable for the rent, and who undertook the responsibility of dividing and underletting the land. Those lessees were usually designated " middle men. ..... This was generally done so as to secure a large profit, and 1-i "~' ~~ :. y.„ e