The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1870-02-19 00:00:00

VIE STOtTRBRIDGE OBSERVER.

The serious part of the inquiry was the examination
of the Catholic chaplain, the Rev. Mr. Lyons, who
stated that the deceamd while in hospital had fre-
quently complained of the harshness with which he
was treated by the doctor. The rev. gentleman added
that he had heard numerous complaints of the same
natnre from other convicts, and that he had frequently
brought them und-r the notice of the governor.
A warder named Burke, who was examined, stated
that he knew the doctor to have treated Tarbert with
the greate,t humanity when he knew him to Le really
hail; but lie added that it was very hard to make
out whether the prisoners were ill or not, they were
so deceitfuL . _

_
The coroner, in a lengthened charge to the jury,
animadverted severely uluin the frtqueut punishnieuta
inflicted on the deceased, and the jury agreed to the
following verdict :

"We had that Michael Tubed died In hospital at Spike
Island Convict Prison, on the Bth February, 1070, of dropsy.
lie was twenty-five years of age, and unmarried. We have
also to express iii the strongest terms our total disapproval
of the frequent punbliments he suffered in cells, on bread
and water, for several days in succession during his linpri-
sonmeat In Spike Island, where he had been sent in June,
43, from Mounqoy Prison, for the reason that in Dr
Olhninelrs opinion he WAS unlit for cellular dtscipline at
M•unitj.,y and we express our cor.demnatlon of such treat-
ment."

and squandering their wages at puhlidhouses and
in sensual enjoyments of that kind. The in-
dulgence of such habits made them bad fathers
and husbands and brothers, and frequently led
to the breaking up of their homes. It made
thrift impossible, and without thrift they could have
no industrial WlCCei+B, nor could they hold their own
against any nation, however inferior in physical or in-
tellectual qualities, for if that nation were thrifty it
would beat even such a nation as England, which had
been renowned all over the earth as perhaps the most
energetic, intellectually and physically, of all other
nations. They might depend upon it that, without
thrift and without sobriety, that great inheritance
which they had gained from their fathers—the being at
the head of all prishicing industrial nations—would
slip out of their fingers; and the disgrace of losing
that proud pre-eminence which they had enjoyed in
the past would rest up m those of this generation, un-
less they could stem that improvidence and that want
of sobriety which he had been speaking of, and which
was to be so much lamented. He was glad to own
that in many respects he saw an immense improvement
in the condition and in the intelligence and the aspira-
tions of the class for whom the exhibition was espe-
cially intended. But he must warn them that if any
of them proposed to become competitors, they would
have to put the very best foot foremost. Mr. Hughes
having glanced at the scientific progress which
hail been made since 1851, observed that no
such progress had before been made by any na-
tion in any similar period of the worlil's his-
tory. The different nations were beginning to draw
together, and to feel that they were all members of one
great family, and that if one member suffered all must
Buffs r, and if one rejoiced all the rest would rejoice with
it. It was deairable that whatever tended to bind man
to man should be promoted, and such was the value of
such exhibitions as had frem time to time been held.
A critical time was before the people of this country,
and he trusted sincerely that they would make the best
of it; and would, by their own energy, self-sacrifice,
and prudence, prove in the future that the words of
our great poet-laureate were not without force. The
good time of which he spoke might perhaps, to a great
extent, be realized in our own day even. Great eteps
I had already been taken in that direction, and would be
likely to to be still more promoted by the now recog-
nized method of settling the disputes which necessarily
arose under the present system in the great indusu ial
concerns of this country. The establishment of courts
of arbitration and conciliation was a step towards
brineing about a much better state of things than had
once existed, and in making a far happier and better
place than it had been before. He felt with the poet-
laureate that the glorious visions which he had seen
were likely to be realized, as he trusted, in our times—
Men my brothers, men the woi kers, ever reaping something
new,
That which they have done but earnest of the things which
they shall do.
It was with the sincere belief that the WOI king men of
Lids country were going to prove in the future that they
were worthy of their Lithera who made England mu
great a nation ; because be had a most thorough con-
viction that they would not be found wanting, and that
they would cultivate all those qualities which mull
enable them to keep up the character which our fathers
had gained for us, that he hailed with such great plea-
sure and supported with all the energy he could com-
mand any scheme which should enable them to develop
their powers and capacity as working people, and
which should bring home to themselves the fair reward
which the exercise of all such energy and ability and
capacity gave them a right to ask for themselves.

ANALYSIS OF THE GOVERNMENT
LAND SCHEME.
LOANS TO OCCUPIERS AND LANDLORDS.
Loans of public money will be given,
L To enable tenants to purchase cultivated land in their
actual occupation. provided the landlord be willing to
sell his rights. If the occupiers of four-fifths ot the
property are anxious to buy their holdings, the remain-
ing fifth may be bought by other persons than occu
pi era.
2. To enable landlords to prepare waste lands for cunt-
' nation. by making roads, erecting necessary works
Sod buildings, dm.
3. To enable persons to purchase such reclaimed lands,
on condition of adequate security being given for the
money advanced.
4. To enable a landlord to defray the charge of Improve-
ments when a tenant voluntarily retires from his
holding.
These loans will be under the management at the Irish
Board of Works, and the repayments will be by annuities, as
under the Drainage and other Acts.
JUDICIAL MACHINERY.
The judicial machinery for the administration of the pur-
poems of the Act will be twofold:-
1. A Court of Arbitration, to be chosen by the parties,
whose decision shall be final and without appeal
2. A Civil Bill Court, consisting of the civil side of the
sessions court, In which the Ataistant Barrister alone
is judge. The Assistant-Barrister will be at liberty, If
1
he think fit, to reserve a case for a higher tribunal, or
to give parties, if tiny are willing, an amicable hear-
ing in his private room. Ills judgment will be subject
to appeal.
The Appeal Court will consist of two judges of assize, who
may, if they choose, reserve a case for the Court for Land
Cases in Dublin, to be composed partly of equity and partly
of common law judges. If necessary there will be three
asslze
In trying cases the court will be guided by certain principles
of land tenare set forth in the bill, but will have, under the
"equities clause," • discretionary power to take into con-
sideration the conduct and circumstances of the parties.
DIFFERENT CLASSES OF HOLDINGS.
The Bill is limited exclusively to agricultural holdings, of
which there are four categories .—Ulster custom; other
customs au:dogma to that of Ulster ; tenancies at will; and
leases.
1. Ulster Tenant-right, Including compensation for im-
provements and good-will, shall receive legal sanction
In Ulster, and in Ulster only, subject to the following
conditions Where a landlord has, by a deliberate
and formal arrangement with an occupier, bought up
the Ulster tenant-right, it shall not be pleaded against
him. (A) Where a tenant nu proved the existence
of the Ulster custom, and obtained c"nmensation
accordingly, either from the landlord or Incoming
tenant, he shall not be entitled to compensation under
any of the other clauses of the Act.
2. Customs analogous to Ulster tenant-right shall be
legalized subject to the following restrictions :—(o;
A tenant may claim a customary right only when dis-
turbed in his holding by an act of the landlord. (b)
A tenant shall not he allowed to claim the benefit of
any custom if evicted for non-payment of rent, but the
court shall have a discretionary power to consider the
circumstances of his cue, and award a sum for com-
pensation if it think lit (e) A tenant shall not have
the benefit of custom if he sublet or subdivide his
holding, after the passing of the Act, without the con-
sent of the landlord, except for the purpose of provid-
ing cottages for labourers. (d) All arrears of rent and
damages to the farm may be pleaded by the landlord as
a set-off. (e; A landlord may bar the pleading of a
custom if he gives a tenant a lease of not less than
thirty-one years.
DAMAGES FOR EVICTION.

A scale of damages is prescribed for evictions subject to
the foregoing limitations as to customs other than Ulster
tenant-right. In the case of all holdh.gs above £5O the
parties may contract themselves out of this part of the Ast
If the landlord will give and the tenant accept a lease for not
less than twenty-one )ears, the landlord contracting to
execute Improvements. The judge in making his award
shall be bound to have regard to the improvements effected
by the tenant at his own cost and the degree of loss involved
In his ejectment. The following scale of maximum damages
Is given for his guidance—
Holding, valued at £lO ...... 7 years' rent.
„ 410 to 450
„ 4.50 to 4100.
„ £lOO and upwards 2
These damages are subject to the equitable jurisdiction of the
judge, and are exclusive of what he may see fit to award for
permanent buildings and reclamation of land. Among the
"equities "of the case he may consider the refusal of a
tenant to pay a just increase of rent, or to accept another
balding in exchange for one in his occupation, itc.
The definl. on of an improvement under the bill requires
that it shall es each as to add to the letting value of the
holding, aid further that Ills suitable to the character of
the holdin
'The ext sling rule of law presuming all improvements to be
the landlord's shall be reversed, and henceforth they shall be
deemed the tenant's, the prool that they are not resting on
the landlord.
Compensation will be allowed for past improvement sub-
ject to three conditions :—,a) No claim to be allowed for
any improvement made more than twenty years before the
passing of the Act, unleu in the shape of permament build-
ings or reclamation of land. Or by a tenant under a
lease or contract by which he is excluded from compensation
for improvements. (c) The court will take Into considera-
tion the time for which, and the terms on which, the im-
provements have been enjoyed by the t,nants.
The rules as to future improvements are as follow :—(a
No claim to be allowed for improvements contrary to any
contract, and not required for the due cultivation of the
farm. Or for any valuable consideration when the land-
lord underlete • farm on the understanding that the tenant
shall make improvements. ic Jr for improvements by •
tenant lithe landlord has undertaken himself to make them,
and has not failed in his undertaking.
When an in-coming tenant has paid to an outgoing tenant
any sum with the sanction of the landlord, he must be al-
lowed the benellt 01 11.
LEASES.
A landlord may exempt his lauds from being subject to any
custom, except that of Ulster, or to the scale of damages, if
he agree to give a tenant a thirty-one year.' lease, leaving at
the close a right to the tenant to claim compensation for
Improvements under three heads ,—lst, tillages and manures;
2nd, permanent buildings: 3rd. reclamation of land. Fur-
ther, the lease must, in regard to rent, terms, and covenants,
be approved by the court. Where the landlord undertakes
improvements a twenty-one years' lease will suffice to exempt
him from the customs.
Every man is to be held absolutely responsible for every
covenant into which he enters.
TicEri TO QUIT.
Notices to quit shall he for twelve Instead of six months,
beginning from the last gale day on the estate, and must
bear a stamp duty 0f25.
COUNTY EESS.
This tax is to be paid in equal parts by ,andlord and
tenant in old tenancies under 44 the occupier 'ate be at
once relieved.