The Sun.
London, England, 1853-08-02 00:00:00

The result was that the amendment of Lord Monck was
carried by a majority of 24.
Some other alterations were made in the clause, for the
purpose of rendering it conformable in all its provision to
the amendment.
On the question that the bill do pass.
Sir W. VERNER wished hon. members in this country
were really aware of the nature and objects of the bill. It
was the first step to put down the gentry of Ireland, and
replace them by Chartists and Repealers, and was the re-
sult of certain meetings held by hon. members of that
house, who had combined against every Government that
did not give them their demands. The first thing they
demanded was the tenant-right ; now they demanded the
destruction of the gentry. At a meeting held at Bells, in
the county Meath, Mr. Lucas had said he and his col-
leagues were sent to Parliament for the purpose of op-
posing every Government who did not establish religious
equality and the principle of Sharman Crawford's Bill.
They pledged their words—they pledged their souls—they
adjured the high and holy name of God, that they would
abide by those pledges. But no ssoner had they got into
Parliament than they broke those pledges. He wished to
call the attention of the house to the advice given by the
Chief Secretary of Ireland—according to the statement of
the hon. member for Meath. (Cries of Divide and Ques-
tion.) But no sooner had that right hon. gentleman got
into office than he changed his tone. The select commit-
tee was appointed on the subject of tenant-right, and the
right hon. gentleman had refused to admit two members
from his (Sir W. Verner's) side of the house on the com-
mittee. As long as conciliation and expediency continued
to be the policy of the Government there would be no
peace for Ireland. (Laughter and hear.)
The bill was then passed.
TENANTS' COMPENSATION (IRELAND) BILL.
On the motion that the Tenants' Compensation Bill be
read a third time,
Sir W. VERNER said he thought that the bill should
be extended to England, and he had a motion to that
effect ; but, under the circumstances, he should not pass it.
The SOLICITOR-GENERAL for Ireland brought up an
additional clause.

Mr. CAIRNS wished to know the nature of the clause.
It appeared to him to give the tenant power to hold the
land until compensation should be made.
The SOLICITOR-GENERAL for Ireland said the
clause had been prepared by the right hon. member for
the University of Dublin, and its object was to give the
tenant reasonable time to put forward his claim for com-
pensation previous to ejectment for any clause except non-
payment of rent or breach of covenant.
Mr. GROGAN said the clause enlarged the powers of
'the bill in favour of the tenant very materially, and he
thought it would only hamper the working of the bill to
adlvt it. In fact, it was not necessary.
Mr. V. SCULLY said the bill would be nugatory unless
the clause were added to it. He (Mr. Scully) had pressed
a clause to the same effect to a division, but it was nega•
gatrved.
The only objection he had to the clause before
the house was that it did not go far enough.
The house then divided—
For the clause
Against it ........................
Diajority
Sir A. BROOK-

. 113
. 32
. -81

--- 4'4"OliE protested against the unjustifiable
manner in which Irisii
house. lie was Quite propertys was voted away in that
members who voted satisfied that two-thirds of the
on
they were voting about.t If question did not know what
it would be another thing, bit were a question of principle
tit related to property. The
hon. and learned gentleman rild that the clause was pre-
ofpared by the hon and learn member for the University
Dublin, but that was no rec endation of the mea-
sure, which he (Sir A. Brooke)rClaii.o hesitation in saying
was disapproved of by the whole ‘-30ngervative party in
Ireland.
members in
Lord J. RUSSELL—No doubt maw,. br,
this house vote without fully understa-nor tons on which they may vote—no doubtl:3 aeanv,eral quea-
this house are given in confidence. The hom -'"„ '''''a in
this side of the house voted on the present on
full confidence—a confidence which lam sorrytali°nll,l ini
blamed by the hon. baronet —in the character, the 1--- '8
jug, and the ability of the late Attorney-General fore Ie"
land. (Hear.) I cannot agree with the hon. baronet'
therefore. I have the highest opinion of the right hon:
gentleman the member for the University of Dublin, and
I consequently protest against the attack made against
him in his absence. Few persons in this house possess that
right hon. gentleman's knowledge of the law as it relates
to Ireland—none have given the subject of the bill greater
care and deeper attention. (Hear.) lam very sorry, un-
der the circumstances, that the hon. baronet cannot agree
with him, but at any rate we must still retain our confi-
dence in the right hon. and learned gentleman. (Hear.)
Mr. MAGUIRE said the property of Ireland was quite
as much in the labour of the tenant as in the land of the
landlord. English members had no occasion whatever to
be alarmed at this concession to the Irish tenant, The
clause did not go far enough, for it did not give compensa-
tion in the case of eviction for non-payment of rent.
The clause was then added to the bill.
Colonel DUNNE complained that no notice of these
amendments had been given.
The SOLICITOR-GENERAL for IRELAND said they
had been all fully discussed in
for the purpose of carrying committee, and were only
hon. and learned member
e out the pledges given by the
Mr. M`CARTHY moved the
the University of Dublin.
the omission of the 14th clause.
The house then divided, when there appeared—
For the clause
Against it .. ........... ..... , ..................... 10(3
Majority ...... .... ... .... ................ 31-7,...
The SOLICITOR-GENERAE . 1:(; . .................. .
ai the
end of the same clause, then propoiLd
insertion of a
proviso, that no claim should be allowedtile
ittnprovements
manta, unless, within twelve months of tter any improve-
being made,. they shall be registered by the
declaration is made of the nature and value ofetritnigdv:
menu.
gr, -.iergeant tr3.IIEE apprehended that if tho
Provizo

.

ome questions to him themselves. He was sorry to be
obliged to state, however, that the result of that examina-
tion upon the part of the committee had been anything but
satisfactory. Upon the morning subsequent to the day
upon which the examination to which he alluded had
taken place, the evidence given by Toiler had still con-
tinued to be of a very contradictory character, and under
those circumstances the committee felt that they were jus-
tified in taking the course which they had adopted. He
was, however, bound to admit that the circumstances of
the case was of a very peculiar character. Toiler was
evidently a man of a very excitable temperament. He had
been in custody for nearly a fortnight, and under all th©
circumstances of the matter he (Mr. Hamilton) believed
that the ends of justice had been sufficiently attained,
and he felt assured that he only spoke the sentiments
of his colleagues in the committee in stating that it
was desirable that Toiler should now be discharged from
custody.
Mr. W. PAI.C.EN then moved that Robert Toiler should
be discharged upon payment of his fees. He was ready to
produce the surgeon who had granted the certificate in the
case to testify to the truth of what the petitioner had
alleged.
Mr. C. West, surgeon, then appeared at the bar of the
house and gave it as his opinion that further confinement
would prove seriously injurious to the health of R. Toiler
The motion for his discharge was accordingly agreed to.
ADMISSION OF STRANGERS TO THE GALLERIES
OF THE HOUSE OF COMMONS DURING DIVI-
SIONS.
The SPEAKER announced that preparations had been
made for carrying out the wishes of the house upon this
subject. When the house was about to proceed to a divi-
sion he should direct strangers to withdraw, upon which
the Serjeant-at-Arms would take care that the seats be-
neath and in front of the strangers' gallery were cleared.
The occupants, however, of the remaining portion of the
gallery would be allowed to retain their seats while the
division proceeded.

LANDLORD AND TENANT (IRELAND) BILL.
I:Tpon the motion of Mr. G. H A MTI-4TON, this bill was
read a third time.
The question that it do pass having been put,
Mr. GOOLD moved the omission from the 10th clause of
the words " not exceeding one acre."
The SOLICITOR-GENERAL for IRELAND opposed
the amendment.
After some observations from Lord .Morrex and Mr. V.
SCULLY the amendment was withdrawn.
Viscount MONCK moved the omission of the words
"growing corn, grass, hops, and roots, fruits, androposing
produce,' from the 71st clause. His object in p oh e other
that amendment was to prevent the re-introduction
corof trhse
.
very objectionable right of distraining
That right had never existed in untillrelandgr
year 1846 in corn-
-1816, and it had been abolished in the y the year
pliance with a recommendation of
In moving that amendment he stood,
vative ground, for he was the
thDereerefOure7mmon ciasonisoenr-.
ptrohivingssioasns tinheythwe were.
theth a existing
carried
He admitted that there wfoerrelemavainn
n
which would effect valuable improvements
law, but he should rather see plorsotvealinto. agnetathiller
with the words to which he was
then objecting.
Mr. G. A. HAMILTON said it was true that the power
which landlords had formerly possessed of distraining
growing crops had been repealed in the year 1846, in con-
formity of the Devon commission, of
But landlords had been
en
fohrPcilityhewiht baee-na member.
placedw by that measure in a worse position than other
creditors, who might seize the crops as well as any other
goods of a debtor. The result that many frauds and scenes
of 'violence had arisen in consequence of tenants having
entered into collusive arrangements with persons who ob-
tained executions against them and then seized their grow-
ing crops, so that the landlords had no means of recovering
the rents to which they were entitled. The bill then
before the house contained many clauses of a mitigatory
character as regarded the recovery of rent. For instance,
under the existing law a landlord had the power of distrain-
ing for any amount of rent that might be due to him ; but
by that measure the power of distraint to be possessed by
a landlord was limited to the amount of a year's rent.
Again, a landlord had the power under the existing law of
issuing a warrant of distress signed by himself or his agent ;
while under that bill he would be obliged to make an ap-
plication to a magistrate, who alone could issue such a
warrant. His right hon. and learned friend (Mr. Napier),
who had prepared that bill, did not think it proper to
deny altogether to the landlord the right of distraining
811:ming crops; but he (Mr. Hamilton) had to state
that his right hon. friend was prepared still further to
mitigate that iiower. He proposed the introduction of an
amendment which would make that clause applicable to
those cases only in which a landlord was prepared to swear
before a magistrate that he had reason to believe that a
tenant intended to cut the crop with the view to evade the
payment of his rent. His right hon. friend wished that
the clause should be further amended by the insertion of a
proviso to the effect that a landlord who should distrain a
growing crop should not be entitled to any expenses for
watching the property beyond those which he might have
incurred during a period of fourteen days. He hoped that
the house would accede to those proposals, and would not
adopt the amendment of his noble friend.
A division then took place under circumstances which
were to us of a very novel character. Strangers were, as
usual, ordered to withdraw ; but, in conformity with the
role which the house had adopted about an hour pre-
viously, this order applied to those strangers only who
occupied seats in the speaker's gallery and on the benches
below the bar, both of which communicate with the por-
tions of the building appropriated to the use of members.
All persons in the " Strangers' gallery" and in the " Re-
porters' gallery" were, for the first time, left undisturbed
throughout the division.
Two minutes were allowed to elapse before the closing of
the outer door of the house ; and then the speaker having
put the question that the words proposed be left out should
stand part of the bill, directed that the "ayes" should pro-
ceed to the right lobby, and the "noes" to the left lobby.
The members accordingly proceeded to the lobbies at
either side of the outer and the inner doors ; and in those
'lobbies, and just out of our sight, their names as they were
returning to the house were told off.
The numbers having been made known to the Speaker
by the " Tellers," were announced by the right hon. gen•
tleman to have been—
Ayes
Noes