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

THIE SUN, LONDON, TUESDAY EVENING, NOVEMBER 23, 1852.

nently adopted. And he could not but think that Par-
liament contained members who were quite as experienced
in office as the members of the present Government.
(Hear, hear.)
Their lordships then adjourned.

HOUSE OF COMMONS.--YESTERDAY.
(Continued from our Third Edition of last night.)
LAW OF LANDLORD AND TENANT (IRELAND).
Mr. NAPIER, who was most imperfectly heard in his
opening observations, rose to move for leave to bring in a
bill to amend the law of landlord and tenant in Ireland.
Having asked the indulgence of the house, he acknow-
ledged that he owed a debt of gratitude to those who, al-
though unsuccessful, had preceded him in the same field,
and of whose researches he had gladly availed himself.
The pressure upon agriculture in Ireland—however per-
sons might dispute the cause—was an acknowledged fact,
and the effect had been to induce people in that country to
entertain the most extravagant expectations from the legis-
lature—a circumstance of which designing persons had
taken advantage to inflame and disturb their minds. He
did not hope to meet such expectations, as he only hoped to
do'what was practical, and must therefore be limited in
proportion. Having stated that he had deeply considered
the question since 1848, when Mr. S. Crawford introduced
his measure, the right hon. and learned gentleman quoted
the opinion of Sir Robert Peel as the desirableness of an
amendment in the law of landlord and tenant, and pro- ,
ceed to say that, wishing to be as completely informed as
possible on the subject, he had employed two gentlemen to
make a detail report of the state of things in the north of
Ireland, and their book had received the approbation of
Mr. Holmes, the father of the Irish bar. (Hear.)
The following was Mr. Holmes's opinion :—" I have re-
eeized the book which you were so kind as to send me—
your work On the tenure and improvement of land in
Ireland, &c., &c.' I deferred acknowledging the gift
until I could in some degree appreciate its value. I have
now read it, and I consider it due both to you and myself to
declare that I have derived from the persual the greatest
satisfastion and most useful information. It is a work
which exhibits industry and research, professional know-
ledge and talent, judicious observation and benevolent
purpose in an eminent degree, and a rare unity of brevity
with eomprehensiveness, on one of ,the most important and
interesting subjects which can in these times engage and
fix the attention of every class of society, and which de-
mands the prompt and decisive interference of the Legis-
lature. That your valuable work may have the influence
which it ought to have with those who possess the power
of giving effee6 to its wise recommendations, is my sincere
wish." Of theiriformation furnished by these gentlemen
ne had largely availed himself. Looking at the state of
Ireland, he believed that the present was the most fitting
moment for the revision of the code. Landed property
was rising in value, some estates fetching 30 years' pur-
chase. Ireland had great resources, but she required se-
curity for life and property, and that could only be given
by just laws. (Hear, hear.) Next she required an ar-
rangenient of the land question, for being an agricultural
country, she could not expect commerce and manufactures
until she had first attained full development in agriculture.
The larid question was attended with two classes of diffi-
culties, the permanent and the temporary. With regard
to the permanent difficulties, they often heard discussions
as to the causes of the state of Ireland. One said it was
the priests, another the parsons ; sometimes it was charged
to British policy, at other times to Irish neglect. His
opinion was that all these elements had contributed their
quota. (A laugh.) It was very remarkable that what
Sir John Davis wrote as prophecy in the reign of Eliza-
beth had become history in the reign of Victoria. Davis
remarked that the ancient customs of Ireland which made
unqerfain the right of property was the true cause of the
barbarism and desolation of the land. Spenser also de-
precated the Irish system, and it was remarkable that up
to a very recent period a very large portion of the country
was still occupied by tenants at will. They would find
much also of the causes of Irish depression in English
laws. They punished the people for non-conformity in
what they never taught them to understand, and when it
was urged that the people did not understand English it
was decreed that to accommodate them the church service
should be read in Latin. (A laugh.) They had pressed on
the union before there was assimulation, and as a general
rule their fault had been to press too hardly on with such
legislation. The land had been granted to absentees, who
in turn handed it to middlemen, and the result had been
to overran the whole country with middlemen. The re-
sult was, that whenever any calamity afflicted the coun-
try, the people foundered at once. Mr. Pitt had testified
how Government had shut out Ireland from commerce
with our colonies and with the world. The consequence
was the vicious state' of society he had described—the
competition for land, the accumulation of incumbrances
on property, the absence of improvements, and a super-
abundance of unemployed labour. A l ge proportion of
these incumbrances had originated at the beginning of the
present ar the close of the last century, and, being based
on fictitious value, it was impossible in a country where
the possession of land had become a necessary of life to
the people, and was subject to the severest competition in
consequence, to regulate its value as you could in England
or Scotland, arid the result was, that when things were
brought to their natural level, and war prices no longer
prevailed, the whole state of property in Ireland was found
to be vicious. The multiplication of forty shilling freeholds
for political purposes had also, by increasing the number of
small holdings, increased the difficulty, and it might be
added, that corruption and coercion had tended to the same
result. After the war the attention of Parliament was di-
rected by numerous select committees to the state of Ire-
land. The right hon. and learned gentleman referred to
the reports of the committees of 1819, 1823, of the inquiry
instituted in 1827 by Mrs. Fry and her brother, in con-
nexion with the Society of Friends ; the committee of
1830; of the Devon Commission—all referring to the land
question as the great difficulty of Ireland ; and the latter
suggesting as temedies—extended facilities for the sale and
transfer of land, the granting of leases for moderate terms,
giving power to the Bank of Ireland to make advances
on the security of land to enable the landlords to make
improvements, a register of contracts and agreements, and a
provision where no agreement existed for granting compensa-
tion to tenants for improvements made by them. The
Devon Committee reported that at the period of their in-
quiry the number of small holdings was so great that it
would be impracticable for the landlord to carry out the
improvements, and the tenants, who were not living, but
merely vegetating upon it, living on the potato with water
only for their beverage, could of coarse do nothing. And
besides almost two millions of the rental of the coun-
try was in the hands of receivers under the Court of Chan-
cery. In such a state of society there could be no improve-
ments, and the result was that at the time of the commis-
sion, minions of acres were uncultivated, millions of the
people were unemployed, and millions of money lying
idle. The report of the Central Relief Committee of the
Societ of Friends, recently published, and which was also
a most valuable document, stated that at the period of the
famtne, when all the world sympathised with Ireland,
there were several districts where there were ample means
for relieving the destitution which existed, but where in
consequence of the vicious state of society, no agency could
be found for carrying out- the charitable intentions of
those by whom such means of relief had been provided.
All this showed the necessity for some legislation, and he
had aneordingly endeavoured to apply his mind devise a
way by whieh in some degree the evil might be met. It
had struck him, in the first place, that it was desirable to
provide means for enabling the owners themselves to make
improvements—improvements by which the produce of
the soil might be increased, and employment given to the
people. There were several models which might be for in carrying out this object. First, there was the
Montgomery Act, which referred to Scotland ; there was
also another act, passed in 1845 ; and, subsequently, there
was the Landed Estates Improvement Act, passed by the
government of the late Sir Robert Peel—the act passed
for Great Britain in 1846, which authorised the lending
two millions of money for the purposes of drainage ;
and then there was the Landed Improvement Act for
Ireland, passed in the first year of the government of
the noble lord (J. Russell), and which had grown out of
the act of 1846. What occurred to him as the result of such
a measure was that in the first place farming was placed
under a totally new condition. It was admitted on all
hands that the farmers must be a better educated class
than they had been—that they could not go on under the
ignorant system of cultivation which formerly prevailed.
Already bp found that a better course of cultivation was
beginning"to obtain, and which must extend, notwith-
standing the prejudice with which in many quarters it
was met. (Hear, hear.) But the first step towards the
improvement of the soil was drainage, and to that his first
measure would refer. After quoting an article from the
Times of Sept., 1850, as to the necessity of greater know-
ledge and more capital being brought to bear on the busi-
ness of farming, he observed that Sir R. Peel, when intro-
ducing his measures for changing the commercial policy of
the country, had intimated his opinion that one result of
those measures would be the reduction of the prices of ag-
ricultural produce by one-third ; and that if any one part
of the United Kingdom suffered more from the policy he
was then inaugurating than another, it would be Ireland—
that being npurely agricultural country. (Hear.) Sir R.
Peel was quite correct in that opinion, and not only had.
Ireland suffered more in comparison with England or Scot-
land, but there was a marked distinction even between the

result of those measures on some parts of Ireland as com-
pored with others. In the neighbourhood of Belfast, where
s there, were ready means of communication, where capital
-was abundant, where markets were plentiful, and com-
mercial enterprise was extensively carried on, there
tenants were prosperous and landlords were in a con-
dition to make the necessary improvements on their
land P • but it was not so in the purely agricultural
districts. Under Sir R. Peel's acts, 2,000,0001. were ap-
portioned to England and Scotland, and 1,000,0001. to
Ireland, as the amount to be advanced on loan for the
purposes of drainage. In Scotland the money was rapidly
taken sitip, but in Ireland the landlords could not take ad-
v,antade of the act, in consequence of a condition imposed
in it that the loan should only be granted when the money
had been expended and the improvements made. This,
however, was remedied in the following session, when the
amount authorised to be advanced was increased to
2,000,0001., and the money was then allowed to be advanced
for the wors without the landlord being first required to
pay it`himself out of his own pocket, which had undoubt-
edly been a great benefit to Ireland. The amount of loans
applied for (under that act, mainly for drainage, but to
some extent for other improvements, as sub-soiling, farm
buildings, &c.,) was 4,082,591/. ' • of this, 1,839,843/, had
been sanctioned, and 1,287,884/. had been actually issued.
He might observe further—for it was sometimes supposed
that when money was lent to Ireland it never came back
vasin—that of 190,1511. 4s. due in repayment in April,
1852, 183,159/. had been repaid up to the 15th of November.
Hear, hear.) And even this slight defalcation was owing
3ntirely to the mglect of the officers. The drainage effected
under that act had been the means of enabling the country
to keep up its produce of green and root crops—for, it had
ceased in a great degree to produce cereal crops which re-
quired thorough drainage. There had been some remark-
able instances of the beneficial operation of this act. One
gentleman, whose estate was encumbered, induced his
creditors to assent to his applying for a loan. He did so,
and it was expended on drainage, and the result had been
that since then the tenants had paid their rents, his incum-
brosiees were paid off, and he had even a surplus. Again.
landsageeira
carteinntloman in the south of Ireland obtained a loan for
drained,
tenants were unwilling to have their
him With
a' (id, and one of them even threatened
tenant had since
motion if it were attempted, and yet that very
means of that onl
thartked his llann eC131,313. a d his rent punctually, and often
€lll for having drained his land, for by
rent, and even toYhaadv the land enabled him to pax his
proeiperous condition e 411seurplus, and be altogether in a
drainage had doubled the Produce of the land, fordrainage
There were instances
was particulatY adapted to Ireland, the climate being ,

mild and humid, and money advanced for that object giving new facilities for parties to enter into contracts and
would be productive of great benefit. It had, besides, agreements, and that, while giving the tenant full legal
a collateral effect, for every acre of drainage employed protection, and granting every just claim contained in the
160 labourers a day, who were employed by task work, phrase tenant-right, he was not, on the other hand depriv-
while it also enabled many who had no capital but their ing the landlord of a single one of the due rights of pro-
labour to get their own land drained, and many small perty. In these two bills—the one enabling the proprietors
tenants accepted it as an equivalent for wages. He (Mr. themselves to improve the land by drainage and by farm
Napier) wished this object to be attained more by private buildings, and other manner specified in the Land Im-
loan than public grants, though he was sure that public privement Act ; and the other enabling the owners of
money advanced for such purposes would be well laid out. estates to make beneficial leases with tenants for improve-
Still, however, he wished the money to be advanced by ments, for which the tenant would have ample compensa-
private proprietors, who were able to do so, and also that tion—he saw a great machinery of usefulness to Ireland.
facilities for such loans should be given to the Bank of (Hear, hear.) And he should not forget to add, that by
Ireland, and that such loans should be made the primary the last bill he made provision for the case of mortgagors
charge on the land, thus affording a perfect security to the left in possession by encumbrances, by which provision
lender. The act provided that, in the first instance, a me- they would have new facilities for making leases, safe-
morial should be presented by the borrower, giving a de- guards being at the same time taken for securing the
scription of the land to be drained, and the increased value creditors in every right. But something more was necessary
which was expected to arise, and the Board of Works, to give effect to those bills. That report of the Society of
which had officers in every county in Ireland, would be Friends to which he had before referred spoke of two things
enabled to examine the land and test the accuracy of the as essential to the well-being of Ireland ; first, that there
statement as to expected value, and unless those officers should be freedom in making contracts ; and next, that
were of opinion that such improvement would amount to there should be facilities for enforcing those contracts.
at least 6 per cent. they were to reject the proposition. (Hear, hear.) He believed in these essentials, and to fulfil
The expense of such investigation would be from ss. to 15s. the latter he had now to propose a bill which consolidated
per cent. The officers of the Board of Works were also to all the laws dealing with the relations of landlord and
see that the drainage was properly carried out as regarded' tenant. This would simplify the law, would clear it of
depth, and to exercise an equal supervision over other classes confusion and technicalities, and would secure the enforce-
of improvement. The improvements were to be registered 1 ment of the contracts he thought it so desirable to see
by means of the arrangement adopted in the Ordnance generally entered into. (Hear.) A struggle had been going
maps, so that the farm of each individual intended to be on for some time in the courts between the old feudal
improved would be marked in every townland division and principles and the new commercial habits • and
the nature of the improvements stated. (The right hon. fin this bill he set out with declaring that the relations of
gentleman here illustrated the system proposed on a plan ' landlord and tenant must be founded in contract. (Hear,
which he had of the improvements on the estate of the hear.) It had been said that from particular circumstances
honourable member for Limerick, and by means of which the contract in Ireland could not be quite fair, since the
regular registry would be obtained.) The working of the owners of the land and the proposing occupiers did not at
act for facilitating drainage had given great satisfaction in all stand on equal terms. No doubt there had been in
Ireland, and a proof of it was to be found in the fact, times past a most unhealthy competition in Ireland for
that upwards of two millions had been expended ; and the land ; but circumstances had diminished that competition;
provision by which the commissioners were entitled to and he must say that nothing could so much sustain it as
adjudicate in cases of differences between landlord and to allow the law to remain in such a state that the tenant
tenant, had only been called into exercise in four cases. would be indifferent to what offer he made, however large,
All disputes had been amicably arranged, and the old because he could calculate on not being forced to pay
rents had been continued and paid in consequence of the the rent. " (Hear, hear.) The bill he now brought
increased productiveness of the land. He had taken forward would dispose of 200 statutes, and bring them
that act as the basis of the measure he had proposed. There into a code, and on going into committee he would
was to be considered—firstly, the question of settlements show what acts would be repealed. Aa to assign-
for life on the land, and the difficulty of equitably adjust- ment, he proposed to continue the principle of the act of
ing the interests arising out of them ; and, secondly, the 1832, which would prevent such frauds as tenants escaping
interests of the landlord and the tenant. The bill as pro-
their responsibilities by assigning the land to paupers ; and
posed made the sum borrowed payable by 22 yearly in- as to sub-letting, he would propose to leave matters to be
stalments, - which would have the effect that, as the pay- decided, as far as possible, by mutual specific arrangement.
ment would be in the nature of a rent-charge, every owner On this point experience would guide them pretty safely ;
would pay in proportion to what he enjoyed, which was an and he believed it was now generally admitted that in Ire-
improvement of the Montgomery Act. If a tenant for land the excessively small farms had not answered. In il-
life borrowed the money either from a private individual lwetration of the changes which had taken place in Ireland
or the Bank of Ireland and died, the loan would be a in this respect, he would detail the statistical contrast of
primary charge on the land, which would have the effect the state of things in 1841, and of what was found to have
of enabling improvements to be carried out fully through taken place in 1851. In 1841 there were, of farms of from
all Ireland, increasing the productiveness of the soil, Ito 5 acres, 310,375 ;in 1851, of such farms, 88,083. In
employing the population, and diminishing the poor- 1841 there were, of farms of from 5 to 15 acres, 252,778 ;
rates, while the proprietors would have the benefit and in 1851, of such farms, 191,854. In 1841 there were,
of the assistance of an experienced staff of officers, who of farms of from 30 acres and upwards, 48,623 • and in
worked out the Drainage Act, which would materially 1851, of such farms, 149,090. Certainly, this result must
assist them in doing what was essential. Take the be traced to its primary cause ; and, however desirable
case of the flax crop, which, in his opinion, was a most such a result, he could not but mourn over the cause which
important feature. As in the case of agriculture there consisted in the emigration of a million and a-half of peo-
could not be green crops without drainage, and the expen. ple. (Hear, hear.) To give full effect to leases, he pro-
diture attendant on it, so it was with flax. The supply of posed to provide an open registry of them, and he would
flax was not a third of that which was necessary for home endeavour to have this registry self-supporting, through
consumption in Ireland, and if thousands of additional the instrumentality of the Ordnance survey. Another
acres were drained and 8-abseiled, the result would probe- class of provisions to which he had turned his attention,
bly be that the supply of flax would not only be sufficient specified different rights and reservations of the land-
for Ireland, but afford sufficient for export to other coon- lord, such as those connected with mines and quarries,
tries, and the consequence (perhaps one of the effects of There was another set of provisions against waste and
unrestricted competition) would be that each country would against burning the land ; and in those cases a magis-
find out the article to the production of which the soil was trate would have power to issue a stop order to re-
adapted, and its cultivation and export would tend to the strain, on having obtained sufficient evidence of the injury
advantage not only of each particular country, but of the being in progress ; and, as a security to the tenant, he
civilised world. (Hear, hear.) He hoped that there would would have power to appeal against this order before the
be found no objection to the principle of the bill he pro- execution of it. The next subject to which he had to call
posed to introduce. The next provision he came to was attention was with regard to the dwellings of the labouring
one to which he attached great importance. He found classes on estates ; and he desired to express his decided
that there were in Ireland some sixty scattered statutes, conviction that in this direction several improvements
giving power to persons and corporations to make leases for were needed, and which could only be made by the land-
special purposes. Some enabled a tenant for life to make lords themselves. He thought that it was desirable that
a lease of three acres of land, and then enabled a rector, ca, the labourers should have decent cottages, and that attached
to these cottages there should be garden allotments. (Hear,
a bishop, or any other corporation to make a lease fora
year. The bill now proposed recognised the principle__ hear.) In pursuance of this object he proposed that as to
the cottages which were rated at not more than 6/, a year,
which was also recognised by the Devon Commission—that
it should be the duty 'of the landlord to keep them in repair,
persons with limited estates making charges on them should
not derive any advantage from fines, and also reduced all , and that if he did not so keep them in repair, he should
be deprived of any means of recovering rent :but at the
leasing powers to one uniform principle. In the Montgo- I
mery Act there was a provision which was productive of ! same time that the landlord should have power when he
some mischief, by placing restrictions on the cultivation of removed a man from his employment to eject him from his
the land; and there were other acts, someof them containing cottage ; and other powers were given to the landlord to
,
enabling powers, but he thought that it would be best for enforce the covenant of the lease. He now came to deal
Ireland if all arrangements with regard to leases were
with the law of distress, a subject on which there prevailed
made beforehand, and not after they were granted. (Hear, , great difference of opinion ; and he begged to say that he
hear.) In the bill the classes who had such powers of had not stereotyped his own opinions on the question, and
leasing as he had stated, namely, tenants for life, tenants that he invited every discussion, and every practical im-
in tail, corporations and trustees of public buildings, were Provement on this bill. (Hear.) The alterations he did
specified; and although he wished to continue limitations Propose to make were extensive. The present law allowed
wa
on land for family uses, so long as they were consistent distraint for six years' rent. Now his own conviction
with beneficial leases to tenants, yet it was a great object s, that nothing was more unmerciful to the tenant
to have the terms regulated by the purpose for which the than to allow him to accumulate arrears in this way,
land was leased. When it was let for agricultural giro-
for such arrears were never paid ; and while they were
poses the term was not to be less than 31 years ; improve-
being accumulated, dissension and bad feeling of course
ment leases were not to be less than 61 years ; mining would exist between the landlord and his tenant. He
;
leases than 91; model farms for longer terms, and indus- (Mr. Napier) proposed to limit the right to distrain in this
trial schools and public buildings for 999 years. With re-
way that no distraint shall be made for any rent that
Bard to public buildings and industrial schools, he had shall have accumulated for more than a year and a half
found from documents in his office that attempts had been before the date of the warrant ; and that before the party
made in Waterford and Kilkenny to erect industrial schools executes the distress he shall be required to make affidavit
on property which belonged only to tenants for life, which that a sum of money, not less than 5/. is owing to the
had caused them to be given up. It was of the utmost im- person claiming the rent. As a set off against this right of
portance to Ireland that industrial and agricultural educa-
the landlord to distrain (and he was only following the re-
tion should be promoted, and this bill was intended to carry commendation of the Devon Commission, that the law of
out that object. He had set forth the various terms ofleases distress should not be abolished altogether) he proposed•
for different purposes to which the act was intended to ap- that the tenant should have the right, if he should
ply, and all of them would enable leases to be granted for deny that the rent claimed was due, to go before the
those purposes. There were also provisions setting out the sheriff, and have his rent account examined. The sheriff
conditions of leases granted under the act. There were to decide at once ; and each party, according to
provisions for covenants for agricultural improvements, the decision, to deposit a security for the expenses, which
and covenants with regard to mining. There was one funds would be lodged with the clerk of the peace. There
provision which might be the subject of discussion, were then provisions with regard to the removal of distress
though he (Mr. Napier) thought it an advisable one. It and the rescue of distress, which would, he hoped, tend to
had
was a clause enabling that in agricultural leases the rent counteract the demoralisation which arose from that source,
should be made subject to variation, founded on the gene-
He provided different forms of ejectment. In the
ral value of tenements in Ireland. The Act that was , service of ejectment there was great confusion ; and, in
passed last session for the valuation of tenements was
order to remedy it, he proposed to confine the service to
based on that principle. The valuation was to vary ac-
the parties actually in possession, and such other parties as
cording to the rise and fall of prices, and the rent was to
, had availedthemselves of the local registry. He also abolished
rise and fall according to the valuation. (The right hon, the necessity for reversions and fictions, considering a system
gentleman then related a remarkable case, applicable to
of contract more consistent with advanced civilisation.
this principle, which had been furnished by the present
As regarded the case of overholding tenants, it was pro-
Lord-Lieutenant of Ireland, and which occurred on an
vided that they should be disposed of, as in England, by a
estate in Scotland, of 1,170 acres, divided into 12 farms,
summary proceeding. Then, as respected deserting tenants,
on which the occupiers were tenants at will, and who after persons, for example, who emigrated, and left the land un-
the Currency Bill of 1819, got into arrear, and when,
occupied, he had provided facilities to enable the landlord
after some difficulty, a gentleman undertook the manage- to get possession, and if the tenant returned, as was some-
,
ment of the estate, and leases of 16 years were granted to
times the case, before the expiration of the term, the case
the tenants, and the rent regulated by the prices of the
was to be treated as a simple misdemeanour. He now
preceding four years, the tenants took the leases on those
came to the last bill, which provided for what he might
terms, and drainage being just then introduced the land-
' term the transition state of Ireland. If they had only to
lord and tenants subscribed a sum for that purpose • that p
do with the future they might perhaps rest contented with
arrangement took place in 1830 ; from 1843 to 1818 the the three bills which he had already explained to the house ;
rent paid for the whole 12 farms was 12,7151., but in 1848 but a vast portion of the country was at present under
the leases expired ; when all the tenants took their farms tenancies from year to year ; there were still a great
number of small farms ; they had to deal with the cases of
again, the property was revalued, and a rise in the rent
the
took place of 24 per cent., nevertheless, all tenants who had made improvements, especially in the
rents had
since been punctually paid, and, instead of the proprietor north of Ireland, and all these required careful considera-
being involved and the tenants poor, as they were in tion. He would say in limine with regard to the tenant-
-1830, since 1848 they had both been prosperous, and i right of Ulster that it was not his intention, in these bills,
the tenants were eager to get leases on the estate.) (Hear, 'in any way to interfere with it. The Ulster tenant-right
•
hear, hear.) That was done by the co-operation was, in his judgment, incapable of being reduced to a fixed
of landlord and tenant, both the parties and the law for it consisted of a varying custom
an
country at large were benefited, and that was brought nothing whatever to prevent a landlord fr.' and there was
om introducing
about by a sensible agent, who saw the capabilities of they custom he pleased. The reception which had been
property, and used the best means which Providence had given to previous bills enabled him to estimate pretty fairly
afforded and blessed to the production of this result. The the extent to which Parliament was likely to go with re-
agent in question had sent this statement to the present ference fo this question • and he would candidly and
Lord-Lieutenant of Ireland, saying that he did not see why honestly avow that it had been his desire throughout
the same state of things should not exist in Ireland. Nor to go to the utmost extent which was consistent with
did he (Mr. Napier) see why they ought not, if all parties I the just rights of property, in giving legal security to
co-operated, and honestly and seriously had the good of ; tenants for what they conceived to be included in moral
their country at heart. Another case illustrative of the obligation;, (Hear, hear.) By this bill he thought
principle of regulating rent by valuation was given by' the •he had hanestly carried out the view of the Devon
Rev. Mr. O'Sullivan, in his examination before a committee Commission., which was, that when the tenant desired
of the House of Lords, in which he stated that in the centre to make beneficial improvements the landlord should first
of Tipperary there was a townland so peaceable that it had have the option of carrying them out. He believed the
never been touched by the insurrection acts, and there the r effect of such a state of things would be to create a system
rents had been regulated by prices. It might be observed of agreement, and the provision would thus have operated
that in Ireland the process of subsoiling went on with as a species of industrial education with regard to the cul-
drainage, although it was difficult to know when the sub- tivation of the soil. He now came to a part of the subject
soiling was properly done, unless the workmen were Which had raised a good deal of controversy ; he referred
watched ; but when the tenant co-operated with the land- to retrospective compensation. After giving it his most
lord in that respect, and saw it properly done, it was of
pulverising of the soil and its careful attention, he had come to the conclusion that the
pre.
~ase of retrospective improvements ought to be provided
great importance in the pul • '
partition for the crops. Provisions were also made in the -°r. (Cheep.) Inasmuch as this class of improvements
making of leases under . powers . He
bill regulating the stamp duties, It was also proposed to was specified in the Land Improvement Act, sad landlords
provide a local registry. There was a provision as to the obtained loafs of public money thus to improve the soil,
himself been concerned in °a
erebywa trustees withPertY leasing tecewassitsyhipof
esfuei3hallpryoeviastsiioen.heThld ease
which showed
eNweadpietrh)ehnaec! it was clear that such improvements were regarded as
beneficial to the public. He thought that when the
...tenant had 'lade improvements, he should be secured in
powers. The tenants took leases which were only executed possession fre a compensating period applicable to the
by one of the trustees, the other being absent, and some of .cleatsseeofasimenptrrheamt etnhtes wtehinacn\heunhaddereffseucr but
circumstances,he could
them expended 7001. or 8001. in buildings. The property he
ellouletibopspielb. tailnf ahema.onmeeymchoemrspetnhseautigohnt andthat gihevehau(pi
belonged to a lunatic, and the Court of Chancery, in deal.
ing with it, decreed that the leases so executed were inva-
fallen short of doing complete justice in any particular, he
lid, and ejectments were brought against all the tenants, should be delighted, whatever toil might be involved', to
and but for his learned friend the Solicitor-General and give his most candid consideration to any proposal for
himself, who were the counsel in the cases, defeating the areeadment—(hear) —but he confessed he did not see any
ejectments on a point of law, the tenants were within an way of carrying out what he had mentioned last, which did
ace of losing their property. He had provided in the bill
not resolve itself into a compulsory adjustment of rent.
that such leases should be valid, and the parties thus se- The right hex, and learned gentleman concluded as fol.
cured. There was also a provision that persons taking lows : —Such then is the outline of the code which I propose
leases of that kind should be entitled to an agreement with for the adoption of the house and the acceptance of such
regard to improvements. In some towns in Ireland, by
reason of the defecve reverted of owners of property, im- sacrifice
proprietors aid tenants in Ireland as may not desire to
deavoured,
any of those rights of property which form the
provements *ere p. There was one remarkable basis of civil society; subject to those rights, I have en-
case of a person who wished to build a factory near a turf-
bog, which would afford him fuel ; but the tenant for life the exigeneba of Ireland in a liberal and generous spirit.
was only able to lease three acres, which, not being suffi- (Hear h 84 far as their just limits would allow, to meet
ear.) In re aring this code, in considering every
cient for his purpose, he went to another place, and the sugges'tion submitted? I have added many an hour of toil
neighbourhood in question lost the benefit of having build- to a life of labour. And every suggestion which may here-
ings erected on it, and the
_lmpulation employment The after be offeisd, from whatever quarter it may come, will
improvements contemplated
sbyethise_ act were from
farm-
be accepted End considered in the same spirit in which the
lands, from measure has been now submitted to the house. I know the
tbhuilordinougVdrfralinnagteh, efrorenaclammangn .ouftervisstbeisindar, fences, recompense often bestowed on those who prefer the mode-
or from internal fences, enclosing ten acres at le-jast, from rate and equitable adjustment of extreme opinions and con.
A la— --.1 ---- flicting clams, and who consider the common weal as para.
provements by the use of manure. certain number
of
mount to the selfish demands of any class or party. The
specified as being what he would call compensa- man who is clamorous about rights and negligent of duties,
years were
durable improvement by marling, or from te nom?, in,
time the will depreciate my labours ; the grinding middleman will
tenant would compensate himself for the o la 1
adm. itted that in a certa'n • •
ay he might dislike, and the factious or fraudulent tenant will heartily
ot takeun the shortest condemn; far all this lam quite prepared. Enough, if
mtin.onkepeinriodsim;pfreorveinit wenast.
He
had n _
period for which precedent in the example of other wan- I have provided a free course for industry, and a hindrance
t bet t years as toinjustice,
If I shall have afforded the means of work-
the maximum, leaving within greemen ween hee parties ing
effectively the resources of a land which God has
to regulate the periods that margin as th 1
tries might be found; but he had fixed upon 10
might blessed but man has blighted, the recompense will be to
as pos- me an exceeding great reward. (Hear, hear.) But it
sible he left all the relations between landlord and tenant may be asked, is Ireland to be made a land of peace and
to be determined within limits by mutual agreement;. for prosperity by the power of legislation? Assuredly not,
think most desirable in the several cases.
__As_mue
the interests of these two classes were, he believed, the save so far as such legislation be a part of the proper agency
same; and he was proceeding throughout on the asstunp- which He may bless, whose gracious touch could make the
(Loud eh
object to effect. (Hear.)
Particular occasion and the means of increase and abundance. The
Htioennetehahte tjahevrietedwaleassaeacoefminspeoenifia
very act of distributing to the wants of the multitude the
classes of improvements. In these cases there would be voice of mercy has resuscitated Ireland ; the flush and flow
provision for getting a certificate of completion of the ha. of returning life re-animate her frame; but still is she
agreement for
provement, which certificate would have to be registered, bound in the grave clothes in which severe policy and sore
and after the expiration of a certain short period in which affliction have enwrapped her
there could be appeal to the assistant-barrister or judge of
The next Loose her, and let her go.
assize, this certificate would be deemed filial•
machinery would defend landlord against tenant, and ten- mr. ~,Z?:9
ant equally against landlord, in the event of dispute or on his measure and trusted he should receive from the
litigation; and he provided, while the tenant is entitled, if the ure,rt
a,vN taLLY congratulated the right hon. gentleman
to carry out his arduous un-
he pays his rent, to hold the land until the expiration of the der • suppo necessaryg • period in which he would have compensated himself for - Mr. Serjeant SHEE had listened to the right hon. and
provement, on the other hand that if the landlord should die-possess him, then the landlord should learned gentleman with the greatest attention, and could
tell him he ar much mistaken if he thought the
deducting it from his rent due. At thp same time he would not members who as
very
nted Irish constituencies would join
allow compensation fordispossession provokedbyth anon-pay .
any attempt
represented
in attempt to disturb the rights of property. With
payhim compensation,
ment of rent ; for clearly the tenant had non ght to im- respect to three of his bills, he believed- they °contained
prove with the landlord's capital ; the provision was only much that was well worthy the attention of the house, but
for disp?ssession under circumstances which the tenant, he had heard the last bill explained without any feeling of
making improvements could not have contemplated. From satisfaction. It was neither more nor less than are peti
these provisions he anticipa great advantages, in re-
moving impediments to theytble cultivation of the tion of Lord Stanley's bill, and contained no provision for
soil; and in proposing them, hie hope was that he wan 1 the protection of the vast accumulation of property in the
1 north of Ireland. He could assure the right hon. and

learned gentleman that this bill, so far from giving satis-
faction, would excite disaffection and dismay, if not dis-
turbances in the most industrious and prosperous part of
Ireland. (Oh.)
Mr. GEORGE approved of the bill, and believed it
would give satisfaction to all honest and right-thinking
men.

Mr. KIRK thanked the right hon. gentleman for the
tone and temper of his observations, but regretted that he
had not grappled with the question of tenant right. It
should be recollected that the occupiers in the north of
Ireland were the sole improvers of the land, and built the
gaols, the workhouses, and made the roads. Notwithstand-
ing all this the landlords had refused them any abatement,
until in desperation, when refused justice by the landlord,
they shot the agent. He was sorry to add that then what
had been refused to justice was conceded to terror, and
abatements were sure to follow in the vicinity of a murder.
Every one must deprecate such a state of things, and he be-
lieved that the only remedy was a legislative provision.
Mr. P. 13RQUHA_RT approved of some of the bills, but
agreed with the hon. and learned member for Kilkenny as
regarded the last bill. He had little faith in any measure
that did not provide full and fair compensation for tenants'
improvements.
Lord NAAS denied that the bill of his right hon. and
learned friend was a copy of Lord Stanley's bill, with the
exception that both bills were intended to give compensa-
tion for improvements. In machinery and details the bills
were totally different. The bill of Lord Stanley provided
intricate machinery for ascertaining the value of improve-
ments, and left an opening for protracted litigation. In the
present bill all these inconveniences were avoided. He was
not surprised that gentlemen opposite could not find any
recognition of tenant right in the bill. He believed that
every attempt to give legislative recognition to tenant right
would be a failure. It varied upondifferent estates and in
different parishes, and was, be believed, quite unmanageable
in an act of Parliament. He thanked the house for the feel-
ing with which they had received his right hon. and learned
friend's bills.

Leave was then given to bring in the bills.
The house adjourned at half-past nine.