The Sun.
London, England, 1855-06-29 00:00:00

THE SUN, LONDON, FRIDAY EVENING JUNE 29 1855

against deserving tenants who had fallen into temporary
difficulties.
Mr. FORTESCUE said the amendment was not consis-
tent with the mai❑ principle of the bill, viz., compensation
to the tenant. Supposing a tenant fell into arrear with
his rent, he was still entitled to have credit fur his im-
provements.
Mr. G. BUTT said this bill was not intended merely for

the tenant • it dealt also with the rights and duties of the
landlord. Well, then, it was not only fair that when a
tenant neglected to keep his contract he should be ex-
cluded from reaping the benefit of this measure ? For his
part, he thought the amendment was founded upon equity
and justice, and if it were rejected the bill might be well
denounced as a species of one-sided legislation.
Mr. BOW YER insisted that the only real and sound way
of dealing with arrears of rent was to allow them to set off
against the tenant's claim for coin pensation. The 13th clause

recognised that principle, and although an arrear of rent
might raise a question of account it ought not to deprive the
tenant of his right to compensation for improvements. It
was useless to talk about assimilating the law of England and
Ireland, because the facts in the two cases were widely
different. He shoul I have no objection as an English land-
lord to see the bill extended to England, but if it were so
extended it would be inoperative, because the facts in Eng
land were quite different to those in Ireland. What the
bill proposed to do for Ireland was done in England by
contract.
Mr. NAPIER supported the amendment, which he said
was fully considered and approved of in the select commit-
tee up stairs.
Mr. T KENNEDY opposed the amendment, and begged
of the right hon. gentleman to abandon the bill rather than
maintain this proposition. He would desire to hear the law
officers of Ireland express their opinions on the subject..
He wished they would let the right hon. gentleman know
how this clause was likely to be received in Ireland.
Mr. GEORGE most seriously called upon the Govern-
ment to abide by the fair and most righteous amendment
which they proposed to introduce into the clause. (Divide. )
If an extraordinary right was to becoufeired on the tenant
they should not deprive the landlord of the ordinary
remedies for the recovery of his rent. This extraordinary
power should only be given to the tenant so long as he per-
formed the conditions of his lease, and the payment of his
rent was one of those conditions. (Hear )
Mr. MAGUIRE said it was the general opinion of the
Irish members who spoke on the popular side that the bill
would be emasculated if this amendment were adopted; but '
what was the use of the lexpression of their opinion if it
were to have no effect on those who sat on the Treasury
benches ? He conceived that the Attorney and Solicitor
Generals for Ireland were responsible for this amet dment,
and called ups') them to stand up at the table and state
their reasons for advising the Chief Sscretery for Ireland to
propose it. The Solicitor-General for Ireland ha,l declared
in a vast assemblage in Ireland that he never would supper t
a G wernment that did not consent to make a Cabinet ques-
tion of a measure embodying provisions for the real and per-
manent relief of the landed tenantry of Ireland. The At-
torney-General for Ireland had made a stronger statement;
he had bound himself by the most solemn obligations to
see justice clone to the tenantry of Ireland, and he (Mr.
Maguire) asked them to redeem the pledge, or to state the
reasons that induced them to support this amendment.
Mr. KEOGH was not disposed to shrink from any re-
sponsibility that might attach to him in reference to this
amendment. When the bill was sent from that to the other
house on at former occasion, this particular section was not
confined to the exception on account of non-payment of
rent, but was much more extensive and prejudicial to the
tenant, and yet did the hon. gentleman or any other gen-
tleman divide the house to strike out these words ? Cer-
tainly not. (Hear, hear.) It was quite true that the
hon. member for Langford proposed that the word '• wilful "e
should be inserted, not before the words " non-payment
of rent," but before the word " default." The other bill
was rejected by the other Hausa of Parliament, and did
any man believe that the other House of Parliament would
agree to leave out all exception whatever when they
had already rejected a bill with a more extended excep-
tion ? He thought the Government were justified inseek-
ing as they did loyally to carry the bill this session
through the ether House of Parliament, by proposing an
exception not going so far as that contained in the former
bill, but going sufficiently far to justify a sincere hope ow
their part that the measure would pass the Legislature.
Mr. MAGUIRE begged to explain that when the ques-
tion was before the house on a former occasion, he had not
only protested against it, but argued against it as strongly
as he could.
Mr. Serjeant SHEE was of opinion that the Attorney-
General for Ireland had made a slight mistake in his state-
ment of what had occurred on a former occasion. When the
bill came before them on a former occasion it contained
the words " without the act or clef ult of the tenant," and
it was quite clear that these words were intended to in-
clude the case of non-payment of rent, and every other de-
fault whatever. The effect of that part of the bill must be
to throw dust in the eyes of the Trish tenant, and they did
their best to amend it by insetting the word " wilful,"
which would have designated intentional default. How-
ever, the word was not inserted, and then unfortunately
the words now complained of crept into the bill. The
fact was that the amendment now proposed was inconsist-
ent with the civil law, under which a landlord could not
eject a tenant who had made no improvements until he
owed two years' rent, nor eject a tenant who had made sub-
stantial improvements until he owed three years'rent. The
tenant did not improve when he was in arrear of rent; it was
when he entered upon his farm, or succeeded to property of
his own. In 99 cases out of 100 the tenant did not improve
with his landlord's capital, but with his own • therefore, this
reason did not apply. He contended that the clause would
be good neither for the landlord, the tenant, nor the whole
community. A tenant would know perfectly well that if he
fell into difficulties, the improvements would be of no value
to him, because he was to be evicted at the very moment
when he might reap the profit of them. Would it be wise or
prudent, therefore, for him to attempt any improvement?
Would it not be better for him, if he got or saved 6001., to
place it in a bank or invest it otherwise, instead of spend-
ing it on improvements ? No tenant would do so when he
was liable to be evicted by his lamlford for arrears of rent
without compensation. The object of the bill, which aae
to prothote improvement, would thus be entirely defeated.
Tenants would not improve if this amendment wereinserted
in the clause. These bills would be worth nothing at all if
they did not aim at something beyond the benefit .of the
individual landlord and tenant, and tend to promote the
welare of the whole agricultural class—proprietors, tenants,
and labourer,. The result would be that the same wretched
system of cultivation would be continued, and the same
miserable hovels for the population to inhabit be main,
tauten, and they would be obliged to resort to potato cul-
tivation, in order to obtain the payment of rent at all. Ire-
land would then be threatened with a recurrence of the ca-
lamities which that system had brought upon her, and they
would be obliged again to approach this question under much
less favourable circumstances. At present the high prices
' diffused a feeling of general contentment and satisfaction,
but there was no guarantee that this state of things would
continue. He thought it greatly to be regretted that,
when there existed in all quarters a disposition favourable
to the settlement of this question, Government should have
arrived at such a decision in reference to the matter before
them. His decided conviction was that it would be better
not to pass any measure at all than to pass the bill in this
mutilated and mangled shape. (Hear.)
The committee then divided—
For the amendment
Against it
Majority in favour
Mr. Sergeant O'BRIEN moved to insert in the same
clause, after the words " non-payment of rent," the words
" reserved by any subsisting lease."
The ATTORNEY-GENERAL for IRELAND did not
see how the house could accept the amendment after the
decision at which it had arrived. It would be rather de-
trimental to the tenant than otherwise, and might lead to
further reservations.
Mr. V. SCULLY supported the amendment, which
would prevent the eviction of tenants by their landlords
without compensation.
The committee divided--
For the amendment
Against it l2l
Majority against it --72
Mr. V. SCULLY moved to insert after the same words the
following, " where the tenant has a power of alienation."
Mr. HORS3IAN could not agree to the amendment, for
which he could see no good ground, and the adoption of
which might lead to other specific exemptions.
The house then divided, when the numbers were—
For the amendment
Against it 142
Majority against the amendment ----98
Mr. Sergeant SHEE then moved the insertion, after the
words " non-payment of rent," of the words " not being
less than two years' rent of such holding," so that a tenant
might not be liable to be ejected for merely a year's rent,
or a year and a half's.
Mr. HORSHAN could not agree to the words, and he
hoped the committee would not divide upon them, now that
they had so well expressed their opinion of the principle
of the bill.
Mr. A.I'MAHON thought the words were very essential
indeed.
The house then divided on the amendment, when there
appeared—

112

For the insertion of the words
Against l5B
Majority
Mr. GEORGE then proposed the insertion, after the
words " non-payment of rent," of the words " or breach
of other covenant, or the surrender or other defau't of the
tenant," in order to provide for the case where a tenant
might surrender or otherwise commit a breach of the terms
of his holdinei against the will of the landlord.
Mr. KEOGH di l not see why the committee should ad-
mit these large classes of exceptions. The landlord, in
these cases, might not wish to have his land, but only to
obtain his rent. It was quite a different matter when the
landlord made use of any slight breach of the conditions to
evict a tenant.
After a few words from Mr. Grogan, Colonel Dunne,
and Mr. Cairns,
Mr. GEORGE agreed to omit the word " surrender,"
but proposed to add " or other breach of condition."
Mr. FITZGERALD said when they came to deal with
breach of coiidition, it stood on very different grounds. The
non-payment of rent was essentially a money question, and
the tenant could regain possession by paying the rent within
six months. It world not be fair that the tenant should
force the landlord to purchase his improvements by not
paying his rent. There were many breaches of conditions
which would occasion no loss to the landlord. It would be
hard to make them cases, and it would be extremely diffi-
cult to legislate for them.
Mr. NAPIER and Mr. S. FITZGERALD supported the
amendment.
The committee divided, when the result was—
For the amendment
123
Against
117
Majority
6
The announcement of the numbers was received with
loud cheers from the Opposition.

Mr. MOWBRAY moved that the Chairman report pro-
gress, considering thrl it was but lost time to go on with a
bill which it was impossible to carry through Parliament
during the present session, and of which they had not dis-
posed of more than three lines during the whole night.
Mr. HORS MAN opposed the motion, remarking that
the delay in the progress of the measure was as much at-
tributable to amendments proposed on the ono side of the
house as on the other. _ _ _

Lord PALMERSTON said it was not intended to pro.
coed further than the fourteenth clause that night, and as
they were now within three clauses of the fourteenth, he
appealed to the committee to proceed, especially at that
comparatively early hour cf the evening (a quarter to
twelve).

Mr. MOWBRAY, on having that assurance from the
noble lord, wmild withdraw hiA rno!ion.

Mr. 1. BUTT moved the of worik limiting the
time withiu which a teu.Lut evict d should give notice to
his landlord of his claim for compensation for improve-
ments to ono month from the time of eviction.
Mr. HOILSMAN-niovcd an amendment, that. the time.
should be limited to three months instead of one.

This gave rise to some conversation, which eventually
led to a division, when the numbers were—
For the amendment of one month 52
Against it lBl
Majority against the amendment —l29
The words " three months" were then ordered to stand
part of the clause, and some other verbal amendments ten-
dered necessary by this amendment were also agreed to.
Mr. BLAND proposed the following proviso at the end
of the cl Luse :—" And provided that in case any tenant
shall be evicted for non-payment of rent, and shall be sued
for any rent in respect of the lands from which he has been
so evicted, he shall be at liberty to set off as against such
claim for rent the amount of the compensation to which
he would have been entitled under this act, had his te-
nancy determined by effiuxion of time."
Mr. HORSMAN and Lord PALMERSTON approved of the
proviso.
Mr. NAPIER opposed it. The committee divided—
For the amendment
Against it 9O
Majority —37
The clause, as amended, was then ordered to stand part
of the bill.
The Chairman was then directed to report progress, and
the house resumed.
Mr. GROGAN asked if it was intended to proceed with
this bill ?
Mr. HORSMAN—Yes, after the other orders to-mor-
row (this day).
Mr. GROGAN inquired at what time it would be
brought on ?
Lord PALMERSTON replied not after half-past ten
o'clock. . . .

Leave was then given for the committee to sit again to-
morrow (this day)•
THE VIENNA CONFERENCES.

Sir J. WALSH gave notice that he would to-morrow ask
the noble lord the Secretary of State for the Colonies whe-
ther it was correct, as stated in a recent despatch of Count
Baol, that the noblelord and the French ambassador showed
themselves decidedly in favour of the Austrian proposition
in regard to the third p,,int, and undertook to recommend
the same to their resp.ctive Governments.

18th Foot—Privates Thomas Prendergrast, severely;
James Maher, slightly.
19th Foot—Private Maurice Kean, slightly.
38th Foot—Lance-Corporal Alfred Swan, severely ;
Private William McCabe, severely.
41st Foot—Private William Lewis, slightly.
47th Foot—Privates Andrew Archibald, slightly;
Patrick Griffin, slightly.
49th Foot— Privates David Allen, slightly;; Patrick
Duffy, slightly.
55th Foot—Corporal William Fetton, slightly; Privates
John. Mc Lury, dangerously ; John Mclntosh, slightly
John Thompson, dangerously; DaVid Hickey, danger-
ously ; Thomas Gloster, dangerously ; James Stirling,
dangerously ; Samuel Groves, slightly ; John Ellis,
slightly.
90th Foot—Privates John Andrews, severely ; John
McKeon, severely.
2d Battalion Rifle Brigade—Private Henry Herbert,
slightly.
Royal Artillery—Bombardiers Thomas H. Evans and
Joseph Symons, both slightly ; Gunners William Bennett,
severely ; John McKay, severely ; Patrick Redmond, se-
verely ; James Connor, slightly ; James Haslett, severely;
Hugh Urquhart, severely; George Longden, dangerously;
Robert McCrea, slightly.
JUNE 12.

3d Foot—Privates John Arkroyd, dangerously ; William
Quornley, slightly ; Duncan Mcßae, slightly.
18th Foot—Serjeant John Hobbs, dangerously; Cor-
poral John Maddigan, danger ously ; Privates Peter Mull-
bailey, dangerously ; Thomas Fragon, dangerously ;
Thomas Farrelly, slightly ; Festus 114 ole, dangerously ;
William Fulham, slightly • Daniel Buckley, dangerously ;
Patrick Sullivan, dangerously ; James M.`Dermott,
47th Foot—Serjeant William Tomlinson, severely
Privates Rich,rd Blake, severely ; Patrick Byrne, se-
verely ; Patrick O'Donnell, slightly ; Michael Carroll,
slightly.
49th Foot—Lance•Corperal William 'Parley, slightly. ,
90th Foot—Private John Rice, dangerously.
97th Foot—Corporal Denis Hagan, slightly; Lance-
Corporal William Grand, y. slightly ; Privates Edward
M`Gennias, dangerously; Doad, dangerously;
Thomas Hanley, severely; Ralph Ball, severely; Patrick
Coyle, slightly.
24 Battalion Rifle Brigade—Private John Bat
Royal Artillery—Gunner James Cowan, slightly ; Alfred
P. Gardiner, slightly; Robert Burnside, slightly.
JUNE 13.

3d Foot—Sergeant Charles Watson, severely ; Private
James Bailey, slightly.
7th Foot—Privates George Smith, severely; Cornelius
Moore, severely.
17th Foot—Private Michael Lynam, severely.
18th Foot—Privates Patrick Leary, slightly ; Patrick
Green an, atghtly.
-28th Foot—Private John Quinn, slightly.
3lth Foot —Privates James Cormac, severely ; .Tames
Hazlewood, severely ; John Lou-tie, severely ; Charles
M 'earthy, slightly ; Richard Walsh, slightly.
41st Foot—Lance-Corporal John C. Wilson, slightly.
88th Foot—Privates James Murray, dangerously; Mat-
thew Smith, severely.
-JUNE 14.

7th Foot—Private Thomas Slater, severely.
17th Foot—Andrew Stewart, .slightly.
19th Foot—Privates Michael Roach, severely ; Jolla
Walsh, slightly.
23d Foot:—Private Robert Chaikley, severely.
39th Foot—Daniel Sullivan, slightly.
47th Foot—Privates George Hopkins, severely ; John
McNamara, slightly.
48th Foot—Private William Smith, severely.
97th Foot—Corporal Silvanus Bruce, severely; Lance-
Corporal John Hickey, slightly.
2d Battalion Rifle Brigade—Privates Richard Kent,
slightly ' • Florence King, severely ; Charles Harlock, se-
verely; Henry Milline, slightly.
Royal Sappers and Miners—Privates John M`Roberts,
dangerously, since dead ; John Murphy, severely.
J. B. BUCKNALL ESTCOURT,
Adjutant-General.

OFFICIAL DPSPATCHES FllOlll BEAR-
ADMIRAL LYONS.

( From a Supplement to the London Gazette of Tuesday.)

ADMIRALTY, JUNE 2S.

Despatches, of which the following are copies, have
been received from Rear-Admiral Sir Edmund Lyons,
Bart., G.C.8., Colnmander-in-Chiefo of her Majesty's
ships and vessels in the Mediterranean and Black Sea :

tually fired all the stacks, and I anchored
.the Ardent
off, to watch the fires.
The whole stores are now consumed, estimated by
the Lynx at 30,000 sacks.
I
(Signed) W. HORTON,
Lieutenant and Commander.
Capt. Lyons, her Majesty's ship Miranda.

No. 4 Enclosure.
Her Majesty's ship Miranda, off Temrwick,
June 9, 1855.
Sir,—l cannot allow the launches of the line-of-battle
ships to returii to their ships without requesting permis-
sion to bring to your notice the zeal and intelligence of
the officers in command, and the excellent conduct and
good discipline of all employed in them, which has en-
abled them to render such important service in the Sea
Of Azoff, and which, if I may be permitted to say so
without presumption, reflects so much credit on the ships
they belong to,
I should also beg leave to bear similar testimony to
the merit of the commanding officers of the Danube
and Salina, and those under their command, as well as
to that of the officers of Royal Marine Artille,ry who
have been lent to this equadro,. during 'the same period.
I have, &c.,
(Signed) E. M. LYONS, Captain.
Rear-Admiral Sir Edmund Lyons, Bart., G.C.8.,
Com mander-in•Chief.
ROYAL ALBERT.

Ist Launch—Lieutenant J. D. Curtis ; Mr. R. M. Blom-
field, Acting Mate.
2d Launch—Lieutenant T. M. S. Pasley ; Mr. H. C.
Lees, Mate.