The Sun.
London, England, 1852-11-30 00:00:00

THE S ET.N, LONDON, TUESDAY EVENING, NOVEMBER 30, 185 2.

days must necessarily elapse before the injunction
could be obtained and served upon the depreda-
tors. The mischief would be done during the
pendency of the legal proceedings. It is now in-
tended to give power to the neighbouring magis-
trates to issue " a stop order and a stop precept
to restrain waste," a truly ' valuable provision,
which could not by any possibility do injustice to
the tenant, inasmuch as he will be enabled to
appeal forthwith to the Assistant Barrister—if in
the county—or to a going Judge of Assize, or to
a superior court, to set aside the order. Mr.
NAPIER has wisely acted on the principle, that
" prevention is better than punishment." He
has therefore given the summary remedy that was
so much required against those whose acts afford
prima facie evidence that they are wrong-doers.
Another grievance provided against by the Bill,
is that occasioned by absconding tenants—an evil
which, since the famine in Ireland, has become al-
most intolerable. Not only did the party in posses-
sion carry away his crops, and deprive his land-
lord of every prospect of recovering a shilling of
the arrears—but he withhell possession of the
lands unless paid exorbitantly for their surrender.
The practice was to let a neighbouring pauper
into possession, who compelled the landlord to go
through the entire process of ejectment, unless he
complied with the extortion practised upon him.
A summary remedy will be provided in such cases,
that will remove this flagrant grievance, and en-
able the landlord to obtain possession of his pro-
perty cheaply and expeditiously. The law relat-
ing to ejectments is simplified and ameliorated, and
the ancient fictions justly designated as " anti-
quated and operose"--are abolished, and an im-
proved form substittted. The Irish Jon DOE
and RICHARD ROE, will have the fate of their
English brethren, and " JOHN THRUSTO'CrT," will
only be remembered by old 'practitioners.
So far the landlords will be materially bene-
fitted by the measure. The tenants' interests are,
however, carefully guarded. Landlords will be
obliged to look after the repairs of labourers' cot-
tages, to see that the cabins are so constructed
that the family are not obliged to share their sleep-
ing apartment with the pig or the cow. Nothing
will do more to promote the comfort and elevate
the condition of the agricultural labourers than
this provision. The landlord should not be
permitted to recover rent for filthy " styes," unfit
for human habitations.

There is also a very useful rule with respect to
rents. It was a custom with many landlords and
agents to give receipts on account, not up to a
particular period, nor specifying the amount re-
maining due. This led to constant disputes, and
too often to the most fearful results. " The state
of the rent account" was the fertile source of
dimension, the tat errima causa producing litiga-
tion and heart-burnings—inducing owners to
act harshly and oppressively, and occupiers to
commit agrarian outrage—perhaps to stain their
hands with blood. The simple expedient of
declaring that unless the receipt specifies the gale
of rent, on account of which the money is paid,
it shall be considered to refer to that which ar-
rived due on the last gale day, at once provides
a suitable and efficient remedy.
The limitation of the right of distress will also
prove of great practical utility—at present land-
lords can distrain for six years. They were thus
induced to permit accumulation of arrears utterly
destructive to the independence and prosperity of
the tenant. The man so burdened, so unfairly
over-weighted, could never hope to succeed. He
had no object in improving his lands, increasing
his stock, or obtaining additional comforts in
his dwelling ; he was utterly and hopelessly
in the power of his landlord. The true
policy, on the part of the landlord, is to
charge moderate rents, but to enforce payment
strictly. It is a false indulgence to admit of
arrears—but it was occasioned by the facility for
recovering such arrears. We fully agree with Mr.
NAPIER, that the landlord is entitled to extraordi-
dary facilities for recovering his rent up to a cer-
tain extent, but we think that twelve months' rent
—the term for which he is allowed precedence
over an execution creditor—is amply sufficient.
The Right Hon. Gentleman fixes the time at
eighteen months, after which the right of distress
is taken away. The difference can, however, be
easily settled in Committee, and it does not in the
slightest degree derogate from the soundness of
the principle enunciated. No distress is to ,be
permitted for arrears under 51., and the amount
claimed is to be verified by affidavit, and a special
warrant obtained.

The Act will, we have no doubt, give great and
general satisfaction. Every disinterested and un-
prejudiced person must concur in the policy and jus-
tice of its provisions, and feel that the ATTORNEY-
GENERAL for Ireland has eminently entitled him-
self to the marked thanks and gratitude of the
community for the zeal, ability, and judgment
displayed in the settlement of this vitally import-
ant and arduous subject. If the present Govern-
ment did nothing for Ireland but the carrying of
the measures already brought forward by their
efficient law officers, they would render greater
service to that unhappy country than any of their
predecessors in office. We hope and believe, how-
ever, that they will prove the forerunners of other
beneficial enactments, calculated to develope the
natural capabilities of the country, and to render
the law respected where it has hitherto been dis-
regarded and despised. These reforms are in-
deed calculated "to provide a free course for
industry," because they raise up "obstacles to in-
justice, and enable every man, either in his own
person or by his representatives, to reap the fruits
of his exertions---to ensure the enjoyment of that
for which he has laboured."