The Express.
London, England, 1852-11-23 00:00:00

great me. et
ePtliul:iPettio:tuab:
with beneficial lessee to tenants, yet it wits is
to have the terms regulated by the purpose for which the
land was leased. When it was let for agricultural purl e,
the term was not to be lees thnn 31 years; improvement leases
were not to be lees than Cl years; mining lease than ii.
model Lama for longer terms, and industrial schoels meal
public buildings fur 999 years. With regard te
buildings and industrial ethools, he had found from duce.
meats in hi, office that attempts had been made in Water-
Public
ford and Kilkenny to erect industrial schools ~,,,
which belonged only to tenants. for life, which had causea
them to be gum up. It was of the utmost importance to
Ireland that iuuustri II and agricultural education shuuld ea
promoted, and this bill
pwraso,iiiinuate.n..detdtiunxitioaiirtrytheee,,et die
ject. Ile had net forth the various terms of lean s (or
fg•rent purposes to which the act was intendad to apply, sod
all of them would enable leases to be erauliel fur thew per.
poses. There were also
of lemes granted under the act. There were provisigie, het
covenants for agricultural improvement., and cotenants
with regard to mining. There was one pre,;.,
sion which might be the subject of dineussi
though he (Mr. Napier) thought it an aglet,,„;,%
one. It was a clause enabling that in agricultural
Alums the rent should lie made su'emet to veriatioa
founded on the general valuation of tehtm, bb. in 1„14.1.
The act that was pawed lot Revlon fur the valuatiou of
tenements woe bawd on that principle. The V thinnwi was
to vary according to the rise and fall of priers, angl the rest
was to rim and fall according to the oaladiun. (yea
right hon. gentleman thee related a remarkeele cge
ape
plicable to this principle, which had been furnishedby the
present Lord Lie utenant of In land, and wliieh incurred on
an estate in Scotland, of 1,170 ~ens., divided into 12 Grow
on which the occupiers were tenants at will, and who atter
the Currency Bill of 1819 got into arrest, and whim, atter
some difficulty, • gentleman undertook the niaua,,,,,e,,ai
the estate, and leases of 16 years were grant, gl to the te.
fleets and the relit regulated by the prii Cr of the pr, eresiei
four years, tenants took the limes WI those te rues, mid
drainage heiagj not then introduced, the landlord and teualits
subscribed • stun for that purpose; that an alinement tool,
place in 1830; from 1813 to 1948 the rent paid tor the ai:g.
12 farms was 12,7141., but in 1818 the lesms espied; 'tea
all the tenants toil their farms again, the too; arty was re-
valued, and • rise in the rent took place of 21 per emit ,
neverthelem all the reata had been soil":
thpautuc.tual. ;67.4:'t
and, instead of the propriggtgir being involved aol the
tenants pour, as they were in 1830, since 1848 the y had belt
been prosperous, and the tenants were eager to get let-ia
on the estate.) (Hear, hear.) 'that was dune by the (4.
operation of landlord and tenant, both the parghs sad the
country at large were benefited,
about by a sen-ible agent, who saw the capabihtie,
the property and used the best mean, which Pro.
mdence had afforded and blessed to the preelec-
tion of this result. The agent in queet,,,,, had
sent this statement to the present Lord Lieutenant
of Ireland, e .ying that he did not ice why the same note of
things should nut exist in Ireland. Nor did he (Mr.
Napier) see why they ought net, if all parties co-operated
and honestly and seriously had the good of their country at
heart. Another case illustrative of the principle of reel,.
biting rent by valuation was given by the Ike,. Mr. res,d.
liven in his examination before a committee of the Home
of Lords, in which he stated that in the centre of Tip
perry there was a townlaud so peaceable that it had hewer
been touched by the insurrection acts, and there the rent.
had been regulated by prices. It might be °loon that
in Inland the process of subsoiling went on sick
drainage, although it was difficult tee kunw oleo
the aut»oiliog wan properly done, unless the work-
men were watched, hit tele n the tenant creape-
, rated with the landlord in that respect, and sew it ;.rciur'r
done, it was of great importance in the pulverising
' soil and its preparation for the crepe. rrovenune were also
made is the bill regulating the stamp duties. It was elm
proposed to provide a local registry. There was a provision
es to the making of leases under powers. He (Mr. Napier)
had himself been concerned in a case which sheeted the ne.
amity of such provision. There was a property io the
1 township of Hallyeastle held by trustees with liaeog
powers. The tenants took leases which were only esceuted
by one of the trustees, the other being absent, and some of
' them expended 7001. or 8001. in buildings. The property
belonged to a lunatic, and the Court .f Chancery, in deal-
ing with it, decreed that the leases so executed were inva-
lid, and ejectments wen brought against all the
tenants, and but for his learned friend the So-
licitor-General and himself, who were the counsel
in the cases, defeating the ejectment., on a point of law, the
tenants were within on ace of losing their propery. Ile
had provided in the bill that such leases should be valid,
and the parties thus secured. There was also apr ninon
that persons taking leases of that kind should be entitled
to an agreement with regard to improvements. In some
towns in Ireland, by reason of the defective powers of
owners of property, improvements were prevented. There
was one remarkable case of • person who wished to huild a
factory near a turf-bog, which would ann.( hint fuel; but
the tenant fur life was only able to lease three acres, which
not being sufficieut for his purpcse he went to seethe r piste,
and the neighbourhood in question lost the beueut at having
buildings erected on it sod the populatigin g mplosnient.
The improvements contemplated by this act were from
faros-buildings, from the reclamation of waste lamb, tem
thorough drainage, from making outer boundary teems,
or from internal fences, enclosing ten acres at least, tram
durable improvement by marling, or from temporary ion
provements by the use of manure. A certain number of
years were specified as being what he would call compensa-
tion periods ; for it was admitted that in a circa n time
the tenant would compensate himself for the ooglay be
might make in improvement. He had not taken the
shortest period for which precedent in the example of
othereountries might be found ; but he had hied up .n ten
years as the maximum, leaving it to agreement between
the parties to regulate the periods within that marina as
they might think most desirable in the several caws. As
much as possible he left all the relations between
laul-
lord and tenant to be determined within limits
by mutual agreement ; for the interests of thew
two claims were, he believed, the same; and he was
proceeding throughout on the assumption that there ass a
• common object to effect. (licar, lieu.) Hence he invited
leases of specific agreement for particular claims of in.
provements. In these cases there would be provision for
getting a certificate of completion of the improvement,
which certificate would have to be registered, and after the
expiration of a certain short period in which there could be
appeal to the assistant barrister or judge of assize, this certi-
ficate would be deemed final. The next machinery would de-
fend landlord against tenant,and tenant equally against lacd-
lord, in the event of dispute oe litigation ; and be provided,
while the tenant is entitled, if he pays his rent, to bold
the land until the expiration of the period in which ha
would have compensated himself for improvement, on the
other hand that if the landlord should dispossen him, then
the landlord should pay him compensation, deducting it
from his rent due. At the game time he would not allow
compensation for dispossession provoked by the null*
ment of rent; for clearly the tenaat bad no *Olt
to improve with the landlord's capital; the pro-
vidon was only for dispossessioo under circum-
stances which the tenant making impedimenta, could
not have contemplated. From these provisions he
anticipated great advantages, in removing impediments to
the profltable cultivation of the soil ; and, in proposing
them, his hope was that ha was giving new facilities for
parties to enter into contracts and agreements, and that
while giving the tenant full legal protection, and greeting
every just claim coat iced in the phraeo tenant-right, lee
was loot, on the other hand, depriving the landlord
of a single coo of the due rights of property.
In these two bulk—this one enabling the proprietors
themselves to improve the land by drainage and by farm
buildings and ether moaner specified in the Land Its-
provessimt Act; and the other inahling the owners of
estates to make beneficial leases with tenants for improeo
meats, for which the tenant would have ample compel:4a-
tiom—he saw a great machinery of uwfulness to Irvlod.
(Hoar_ ,hear.) And he should not forget to add that by the
lest bulbs nude provision for the case of mortgagors left
in possession by encumbrancen, by which prinnion they
would have new facilities for making lessee, safe-
Wards being at the same time taken for securing the
creditors in every right. Bat something more was,necensry
that there
aeFtneasinginds" eirseitiato wtohitthh:rweihadu-bi:being.foreoTf"reir.tfereirzendP:t;spofiofriketth,oef twoSxj- things
se
the latter he bad now to propose a bill which consolidates!
thesko:(Het hohiesruldf.reed°) beHemfabelleelnlittmaesed itringthesee'resecmaratit;itaahlen",dan.ncodestont4r76l)
all tho laws dealing with the relations of landlord zed
teaan• This would simplify the law, would clear it of cols:
'ion and technicalities, and would, secure the enforcement of
the costrasts he thought it so desirable to see generally en;
toned into. (Hear.) A struggle had been going on for
001114 time in the courts between the old feudal preset')i n
and the now commercial habits; and in this bill he set out
t
with declaring that the relations of landlord and tenon
sailludtthbeatr°fartedpartiin egnartraeckirca(imiesatanr.
Ireland could not be quite fair, sines the owners of
all stand ounlandd aonnd
equalthe pionnoroposing.
No doubt
dtihdrronottivia!
been in times past a most unhealthy coospe.64i°.athat
Ireland for land; but circumstances had dimintshed
competition ; and he mast say that nothing could so ma:,
sustain it ss to allow the law to remain in such a t
the tenant would be indifferent to what offer he niade,,l)tow-
elivesarih). lotnhnociad hen
ever large, because he could calculate on not being f
to pay the rent. (Hein, hear.) The bill he now brought
forward would dispose of 200 statute., and bringwto°ll
into • code, and en going into committee he ties
show what acts would be repealed. As to mull'
mof
ignen.t,whhelophronpoesooldd tporocoonnuttinsuueohthferepordi.ncuiplucnonfnutheve seavt
their responsibilities by assigning the land to paupers;
as to sub.letting. he would propose to leave mattersbe t 0
decided as far so possible by mutual specific arringemel
On this point experience would guide them pretty
and he believed it was now generally admitted that ie
land the exoessively small farms had not answered. f°,
illustration of the changes which had taken
in this respeet, he would detail the statistical contrast IOT
state of things in 1841, and of what was found tot!!!
taken place in Mil. In 1841 there were, of fume of fr°!.!
Ito 5 acres, 310.376; in 1851, of such farms, 143,,C.63.,•,,,r;
1841 there were, of farms of from 5 to 15 Welt 25',i41
and in 1861, of such farms, 191,854- I°
then were of farms of from 30 scree and uyoU;;,,.
48,623 ; and la 1851, of such farms, 14''
Certainly, this result must be traced to its primary club;
and, however desirable such a result, he could not ,
place in Ireland
mourn over the muse which consisted in the emigre:lo f
• million and a half of people. (Hear, hear.)
effect to leases, he proposed to provide an open regigroyelf.
them, and he would endeavour to have this registry"
supporting, through the instrumentality of the qr dtuarl
survey. Another clau of provision, to which lie had tuned
his attention, specified diluent rights and retertsuolo
To gee tit