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

giving new facilities for parties to enter into contracts and
aoreements, and that, while giving the tenant full legal
q
motection, and granting every just claim contained in the
phrase tenant-right, he Was not, on the other hand depriv-
ing the landlord of a single one of the due rights of pro-
perty. In these two bills—the one enabling the proprietors
themselves to improve the land by drainage and by farm
bhildings, and other manner specified in the Land Im-
privement Act ' • and the other enabling the owners of
estates to make beneficial leases with tenants for improve-
r:karts, for which the tenant would have ample compensa-
t on—he saw a great machinery of usefulness to Ireland.
,(dear, hear.) And he should not forget to add, that by
the last bill he made provision for the case of mortgagors
'left in possession by encumbrances, by which provision
they would have new facilities for making leases, safe-
guards being at the same time taken for securing the
creditors in every right. But something more was necessary
t the give effect to those bills. That report of the Society of
Friends to which he had before referred spoke of two things
11,9 essential to the well-being of Ireland ~ first, that there
Should be freedom in making contracts ; and next, that
1 here should be facilities for enforcing those contracts.
Hear, hear.) He believed in these essentials, and to fulfil
he latter he had now to propose a bill which consolidated
all the laws dealing with the relations of landlord and
tenant. This would simplify the law, would clear it of
confusion and technicalities, and would secure the enforce-
ment of the contracts he thought .it so desirable to see
generally entered into. (Hear.) A struggle had been going
on for some time in the courts between the old feudal
principles and the new commercial habits ; and
in this bill he set out with declaring that the relations of
landlord and tenant must be founded in contract. (Hear,
'hear.) It had been said that from particular circumstances
the contract in Ireland could not be quite fair, since the
owners of the land and the proposing occupiers did not at
all stand on equal terms. No doubt there had been in
times past a most unhealthy competition in Ireland for
land ; but circumstances had diminished that competition;
and he must say that nothing could so much sustain it as
to allow the law to remain in such a state that the tenant
would be indifferent to what offer he made, however large,
because he could calculate on not being forced to pay
the rent. (Hear, hear.) The bill he now brought
forward would dispose of 200 statutes, and bring them
into a code, and on going into committee he would
show what acts would be repealed. As to assign-
ment, he proposed to continue the principle of the act of
1832, which would prevent such frauds as tenants escaping
their responsibilities by assigning the land to paupers ; and
as to sub-letting, he would propose to leave matters to be
decided, as far as possible, by mutual specific arrangement.
On this point experience would guide them pretty safely ;
and he believed it was now generally admitted that in Ire-
land the excessively small farms had not answered. In il-
lustration of the changes which had taken place in Ireland
in this respect, he would detail the statistical contrast of
the state of things in 1841, and of what was found to have
taken place in 1851. In 1841 there were, of farms of from
Ito 5 acres, 310,375 ;in 1851, of such farms, 88,083. In
1841 there were, of farms of from 5 to 15 acres, 252,778 ;
and in 1851, of such farms, 191,854. In 1841 there were,
of farms of from 30 acres and upwards, 48,623 ; and in
1851, of such farms, 149,090. Certainly, this result must
be traced to its' primary cause ; and, however desirable
such a result, he could not but mourn over the cause which
consisted in the emigration of a million and a-half of peo-
ple. (Hear, hear.) To give full effect to leases, he pro-
posed to provide an open registry of them, and he would
endeavour to have this registry self-supporting, through
the instrumentality of the Ordnance survey. Another
class of provisions to which he had turned his attention,
specified different rights and reservations of the land-
lord, such as those connected with mines and quarries.
There was another set of • provisions against waste and
against burning the land ; and in those cases a magis-
trate would have power to issue a stop order to re-
strain, on having obtained sufficient evidence of the injury
being in progress ; and, as a security to the tenant, he
would have power to appeal against this order before the
execution of it. The next subject to which he had to call
attention was with regard to the dwellings of the labouring
classes on estates ; and he desired to express his decided
conviction that in this direction several improvements
were needed, and which could only be made by the land-
lords themselves. He thought that it was desirable that
the labourers should have decent cottages, and that attached
to these cottages there should be garden allotments. (Hear,
hoar.) In pursuance of this object he proposed that as to
the cottages which were rated at not more than 6/. a year,
it should be the duty of the landlord to keep them in repair,
and that if he did not so keep them in repair, he should
be deprived of any means of recovering rent : but at the
same time that the landlord should have power when he
removed a man from his employment to eject him from his
cottage ; and other powers were given to the landlord to
enforce the covenant of the lease. He now came to deal
with the law of distress, a subject on which there prevailed
great difference of opinion ; and he begged to say that he
had not stereotyped his own opinions on the question, and
that he invited every discussion, and every practical im-
provement on this bill.. (Hear.) The alterations he did
propose to make were extensive. The present law allowed
distraint for six years' rent. Now his own conviction
was, that nothing was more unmerciful to the tenant
than to allow him to accumulate arrears in this way,
for such arrears were never paid ; and while they were
being accumulated, dissension and bad feeling of course
would exist between the landlord and his tenant. He
(Mr. Napier) proposed to limit the right to distra,in in this
way ; that no distraint shall be made for any rent that
shall have accumulated for more than a year and a half
before the date of the warrant ; and that before the party
executes the distress he shall be required to make affidavit
that a sum of money, not less than 5/. is owing to the
person claiming the rent. As a sot off against this right of
the landlord to distrain (and he was only following the re-
commendation of the Devon Commission, that the law of
distress should not be abolished altogether) he proposed
that the tenant should have the right, if he should
deny that the rent claimed was due, to go before the
sheriff, and have his rent account examined. The sheriff
to decide at once; and each party, according to
the decision, to deposit a security for the expenses, which
funds would be lodged with the clerk of the peace. There
were then provisions with regard to the removal of distress
and the rescue of distress, which would, he hoped, tend to
counteract the demoralisation which arose from that source.
He had provided different forms of ejectment. In the
service of ejectment there was great confusion ; and, in
order to remedy it, he proposed to confine the service to
the parties actually in possession, and such other parties as
had availed themselves of the local registry. He also abolished
the necessity for reversions and fictions, considering a system
of contract more consistent with advanced civilisation.
As regarded the case of overholding tenants, it was pro-
vided that they should be disposed of, as in England, by a
summary proceeding. Then, as respected deserting tenants,
persons, for example, who emigrated, and left the land un-
occupied, he had provided facilities to enable the landlord
to get possession, and if the tenant returned, as was some-
times the case, before the expiration of the term, the case
was to be treated as a simple misdemeanour. He now
came to the last bill, which provided for what he might
term the transition state of Ireland. If they had only to
do with the future they might perhaps rest contented with
the three bills which he had already explained to the house ;
but a vast portion of the country was at present under
tenancies from year to year • there were still a great
number of small farms ; they had to deal with the cases of
tenants who had made improvements, especially in the
north of Ireland, and all these required careful considera-
tion. He would say in lintine with regard to the tenant-
right of Ulster that it was not his intention, in these bills,
in any way to interfere with it. The Ulster tenant-right
was, in his judgment, incapable of being reduced to a fixed
law ; for it consisted of a varying custom, and there was
nothing whatever to prevent a landlord from introducing
any custom he pleased. The reception which had been
it
d
ey
tenants
hotctwec
hgivenooeobamoeohnersligriemeiaegahisiyoosheotases
retrospectivetfpa
tniiptohtoafiolotefr
isrihoorvenec.enatgenrodtt,vhnaewihwhtivaiiesiutowihsnto(essiseHtol inahtyon
accstftioh,
beneficialiicieholcfpoaaahmueecarried
bills
utrieehtgppcompensation.
imbsteahnoc was,r
oedpen(speci
question
liaeiaaorvn
itidbalrn;oc.
extenttoolm.vooc
conceived
clh)amunne:plaimetne. him to estimate
the extent to which Parliament was likely to go with re-
ferencevindedwhich beenh
toe his oeoduloineldsecociglruainecdsainedtssehrctleicinudloufglo
security
ihyoaor
antut
with
theheen vgivingthisiwwlbaetnwhaibe illoortefdnahtsehhnoot
should
desired
deosuefi4lsudtt
have the option of carrying tcehtrnoyaoelettomtvnmtswhy out. He believed the
effect of such a state of things would be to create a system
of agreement, and the provision would thus have operated
as a species of industrial education with regard to the cul-
tivationmehtemstuhthtseoeenurtloAohpartcontroversygiving
tconclusion
,:pu
ar
078 i
tif
boihvdtteneeh pelandlordsthisthahrsoeuv
itmbs referredjodtoeiihecsprovided
for. (Cheers.) Inasmuch as this class of improvements
obtained.a.asle
it was clear that such improvements were regarded a.,
beneficial to the public. • Ile thought that when the
tenant had made improvements, he should be secured in
possession for a compensating period applicable to the
class of improvements which he had effected ; but he could
not consent that the tenant, under such circumstances,
should both obtain a money compensation and give up
his occupation. If hon. members thought that he had
fallen short of doing complete justice in any particular, he
should be delighted; whatever toil might be involved, to
give his most candid consideration to any proposal for
amenchnent—(hear) —but he confessed he did not see any
way of carrying out what he had mentioned last, which did
not resolve itself into a compulsory adjustment of rent.
The right hon. and learned gentleman concluded as fol-
lows :—Such then is the outline of the code which I propose
for the adoption of the house and the acceptance of such
proprietors and tenants in Ireland as may not desire to
sacrifice any of those rights of property which form the
basis of civil society ; subject to those rights, I have en-
deavoured, so far as their just limits would allow, to meet
the exigencies of Ireland in a liberal and generous spirit.
(Hear, hear.) In preparing this code, in considering every
suggestion submitted, I have added many an hour of toil
to a life of labour. And every suggestion which may here-
after be offered, from whatever quarter it may come, will
be accepted and considered in the same spirit in which the
measure has been now submitted to the house. I know the
recompense often bestowed on those who prefer the mode-
rate and equitable adjustment of extreme opinions and con-
flictingtcolatihmesse, alfindshwdheomcaonndsisdoefr tahney Ferman common wpeatrdtyas. paremount.
man who is clamorous about rights and anpredpnaergeldig.enEt onfoudguhtf,eisf
I,
will depreciate my labours • the grinding middleman will
dislike, and the factious or fraudulent tenant will heartily
cohnadveempnro;vfioded a
r all
ftrhieeseolnrase for industry, and a hindrancem quite
to injustice.uhaverees
ofafforded
a land th e
whmeansieh
Godof work-
ingha s
effectively
t the shall
re s resources
blessed but man has blighted, the recompense will be to
me an exceeding treat reward. (Hear, hear.) But it
may be asked, is Ireland to be made a land of peace and
prosperity by the power of legislation ? Assuredly not,
save so far as such legislation be a part of the proper agency
which He may bless, whose gracious touch could make the
very
oe eas
iaoc o
nt
andf d is
the tr imb
euat
ni ns got of
increase the wants
a nodf tahhen mmui
al
nt let:. d e the
The
voice of mercy has resuscitated Ireland ; the flush and flow
of returning life re-animate her frame ; but still is she
bound in the grave clothes in which severe policy and sore
affliction have enwrapped her
Loose her, and let her go.
(Loud cheers.)
Mr. CONOLLY congratulated the right hon. gentleman
on his measure, and trusted he should receive from the
house the support necessary to carry out his arduous un-
dertaking.

Mr. Serjeant SHEE had listened to the right hon. and
learned gentleman with the greatest attention, and could
tell him he was very much mistaken if ho thought the
members who represented Irish constituencies would join
in any attempt to disturb the rights of property. With
respect to three of his bills, he believed they contained
much that was well worthy the attention of the house, but
he had heard the last bill explained without any feeling of
satisfaction. It was neither more nor less than a repeti
tion of Lord Stanley's bill; and contained no provision for
the protection of the vast accumulation of property in the
north of Ireland. He could assure the right hon, and