The Sun.
London, England, 1854-03-01 00:00:00

THE SUN LONDON, WEDNESDAY EVENING, MARCH 1, 1854.

IMPERIAL PARLIAMENT.

that the bill was introduced, in 1846, that this repeal
was not unattended with inconvenient consequences to
the lAndlord ; but it was after deliberate examination of
the question, and after the inquiry it underwent before
the Devon Commission, and the unanimous opinion of
the five commissioners that this alteration should be
made, that I introduced the measure to which I have
referred. If I felt then that there were objections to this
repeal, those objections are removed now. I rejoice, in
the altered condition of Ireland,.that the power is no
longer continued; and I should witness with regret the
introduction of a provision which I cannot help thinking
would be attended with much heart-burning and great
discontent. It is unnecessary for me to go into the
discussion of two of the bills of the noble earl, which
are so very similar to those that came up from the other
house last year, and which I have re-introduced on
this occasion. The noble earl has stated the reasons
which induced him not to introduce the third bill—the
Tenants Improvement Compensation Bill. He stated,
and stated correctly, that as regards prospective com-
pensation, there are provisions in the bills which he has
introduced, and that he believes these provisions will be
satisfactory and sufficient for that purpose. lam not
quite certain that I can quite agree with him in this re-
spect ; but at any rate the noble earl does admit the
principle of compensation for future improvements.
Now, my lords, I cannot think that it would be so
simple a matter to omit altogether from our legislation
all compensation of a retrospective character ; and I be-
lieve the noble earl himself indicated that he had con-
siderable misgivings on this point when he said—and
repeated it several times—that if these bills went to a
committee, he, for one, would rejoice if a plan were de-
vised which would give to the tenants that compensa- '
tion to which he felt they had an equitable claim. I
entirely participate in that feeling, and believe that, as
regards the law, in Ireland especially, that you will not
be able to pass a. satisfactory-measure on that question
without legislating on this subject. (Hear, hear.) I
anticipate, from the committee, that this question will
be greatly elucidated ; and if my noble and learned friend
beside me (Lord Campbell), and the noble and learned
lord the late Lord Chancellor of England, and who for
five years, with great credit to himself and satisfaction
to Ireland, held the post of Chancellor of Ireland—if such
noble and learned lord should consent to serve on the
committee, I do hope that this question may be finally
set at rest. But we must not lose sight of this fact, that
the position of the north of Ireland is very peculiar as
respects the question of retrospective compensation ;
and if the noble earl refuses to legislate altogether on
this subject, he must not tell us that he proposes simply
to give compensation for prospective improvements, but
he must also exempt the tenants of Ulster from the
operation of the measure. If this exemption is not made,
a very great injury will be inflicted on those who have
enjoyed, rightly or wrongly, by long custom, a privilege I
which they greatly value, and which, I believe, that the
landlords of that district are by no means desirous to
deprive them of. The noble earl said that the retro-
spective compensation clause was altered in the commit-
tee of the House of Commons. It was so, certainly ;
but it was altered in the sense of a reduction of the in-
terest of the tenant. The noble earl said, and truly,
that all the provisions affecting improvements made in
the soil were entirely erased in the committee, and that
no provisions remained excepting those relating to per-
manent improvements made upon the soil, the principle
no doubt being that which was felt in the course of the
discussion—viz., that improvements on the soil, such as
buildings and so forth, are visible and tangible ; whereas
other improvements, such as even that imost important
improvement of drainage, are invisible and extremely
difficult to calculate, and ought not to Le taken into ac-
count. The provision originally introduced in the
House of Commons for retrospective compensation was
based upon the two principles of the restriction of time
and restriction of value—that was to say, that no com-
pensation should be clairised by the tenant beyond a
certain amount, and that it should vary in amount ac-
cording to the anterior period at which the improve-
ments had been effected. (Hear, hear.) The principle
was altered in committee of the House of Commons
before the bill was passed in that house ; and as the bill
now stands, it remains, at any rate, in a more simple
form, namely, there is no restriction as to amount, and
no restriction as to time; but it provides that for visible
improvements made on the soil compensation shall be
given by valuation made by public authority, viz., the
assistant barrister. My noble friend (Lord Monteagle)
has just now complained of the hardship to persons who,
under the Encumbered Estates Act, have purchased
property without any liability of this description being
now exposed to claims for compensation, which they
had no idea would be attached to the land they had
bought. It is impossible to deny that there is some
force in the objection of my noble friend ; but
at any rate the objection is greatly restricted
and the evil much mitigated by the 14th clause in this
bill, which provides that every claim for retrospective
compensation must be made within twelve months after
the passing of the act, and registered accordingly. So
that no claim subsequently to this twelve months can
be preferred ; and any litigation which may take place
on such a subject must be limited to the first twelve
months after the passing of the act, and notice must be
given by the tenant of his intention to claim any such
compensation ; and it will be within the power of the
landlord to litigate the point with the tenant if neces-
sary, and once the question is decided the claim cannot
be renewed ; so that the landlord will be at once made
aware of the demand to which he will be subject. My
lords, I promised not to detain your lordships any longer,
and I wish to keep my word, and more especially as I
must again repeat, the noble earl has left me little ex-
planation to offer in regard to these bills. I sincerely
trust that your lordships will refer the whole of the
bills, including the one proposed by my noble friend
behind me, who is connected with the north of Ireland,
in order that persons representing all parts of that
country may combine, and, if possible, come to the
same conclusion, aye or no, on the question of compen-
sation to tenants. For as regards the other two bills,
they are more consolidations of the law than new enact-
ments ; and I cannot but believe that, under the su-
perintendence of the noble and learned lords, they will
be made sufficient for their purpose, and invaluable to
Ireland. And I only hope that an earnest endeavour
will be made by all parties to devise the means by which
compensation for retrospective improvements can be
'given to the tenant consistently with the principles and
the rights of property, which I can assure your lord-
ships I am as anxious as any one amongst you to main-
tain, not merely in this country, but also in Ireland.
Lord CAMPBELL said that no one could be more
alive to the importance of these bills than he was, which
should be viewed not merely as having for their object
the improvement of the agricultural prosperity of
Ireland, but also the cultivation of harmony between the
landlords and tenants. (Hear, hear.) He believed that
Mr. Sharman Crawford, Mr. Serjeant Shee, and Mr.
Napier were animated with the best intentions in pre-
paring their various bills on this subject. He had no
hesitation in concurring in the provisions for giving en-
larged powers of leasing, which he thought might be
given with perfect safety and security to the remainder-
man under settlement. He hoped that every encourage-
ment would be given to the granting of leases in Ireland.
With regard to the law of landlord and tenant ,that was
a most legitimate subject for consideration, and, in his
opinion, it might be greatly improved. (Hear.) The
first thing that should be done for the accomplishment of
this object was to sweep away the 150 statutes which
had been passed on this subject, so that they might have
a tabula rasa, and be able to begin de novo. The far-
mer was a manufacturer in reality ; he was a manufac-
turer of barley, wheat, oats, beef, mutton, and pork, and
he should be allowed some compensation for the buildings
necessary to the carrying on of his trade. He believed
that Mr. Pusey was right in the principle of his bill,
though he had been rash in the mode he proposed for
carrying it into effect. The right principle in his opinion
was to leave the landlord and tenant quite free to enter
into any contracts that they might agree upon. With
respect to retrospective improvements, no answer had
been given to the argument of his noble friend (Monteagle)
that it would be a violation of the understanding on
which property was purchased in the Encumbered Es-
tates Court, and his noble friend the noble duke did not
venture to say that that principle did not trench on the
rights of property. He was glad that the bills were to
be referred to a committee, and he trusted that they
would come out of it in such a shape as would give satis-
faction to all parties. (Hear, hear.)
The Earl of CLANCARTY hoped that the result of
their lordships' legislation would be a practical improve-
ment of the law. The clause which had been re-intro-
duced; giving the power of distraint on growing crops,
was deprived of much of its objectionable character by
the restrictions which were embodied in it. Some safe-
guard was necessary to the landlords to prevent tenants
carrying off crops on Sundays. One great feature in
the measures was that they encouraged short accounts ;
what was commonly called an indulgent landlord was in
reality the greatest enemy of his tenants. (A laugh.)
Landlords who allowed rents to run in arrear for five or
six years need not be surprised if they were never paid
at all. He thought the fixture clause one of great im-
portance; it was the only part of the bill which had a
really retrospective operation. He would have the prin-
ciple of compensation extended to buildings and erec-
tions in the nature of walls, though they were in reality
part and parcel of the freehold. Generally speaking,
the better the landlord, the greater the improvements
effected by the tenants.
After some observations from the Earl of Desart, Lord
Dufferin, and the Lord Chancellor, the bills were read
the second time, and referred to a select committee.
BUSINESS OF THE HOUSE.

HOUSE OF LORDS-(YESTERDAY.)

The LORD CHANCELLOR took his seat on the woolsack
at five o'clock.

The Duke of ARGYLL presented petitions from
Scotland against the support of Popery, also in favour
of a national system of education in that country.

Earl GREY presented a petition from the Newcastle
Chamber of Commerce, 'praying for the formation of a
harbour of refuge on the coast of Northumberland.
The Earl of EGLINTON presented a petition from
a place in Scotland in favour of the maintenance of the
parochial education in that country.

Lord REDESDALE moved "that no private bill
should be read a second time after Tuesday, 11th July."
" That no bill confirming any provisional order of the
Board of Health, or authorising any enclosure of lands
under special report of the Enclosure Commissioners for
England and Wales, should be read a second time after
Tuesday, 18th July."
Agreed to.
TESTAMENTARY JURISDICTION BILL.
The LORD CHANCELLOR gave notice that he
should move the second reading of this bill upon that
day week.
Their lordships adjourned at 35 minutes to 10 o'clock.

HOUSE OF COMMONS—(YESTERDAY. )
The SPEAKER took the chair at four o'clock.

SECOND READINGS.
The following private bills were read a second time
and ordered to be committed :—Chapel-en-le-Frith
Roads ; London and North Western Railway (Haydon
Square, &c.) ; Great Southern and Western Railway ;
Shrewsbury and Chester Railway (Sale or Lease) ;
Thirsk and Yarm Road.
Mr. E. BALL presented a petition from Cambridge
praying the house to a adopt a system of decimal
coinage.
Mr. BOUVEIZIE presented a petition with the sloe

prayer from the borough and to‘va council of _al.
marthen.
Mr. 0. STANLEY presented a Petiti9ra from 300
electors' of 'Carmarthen, praying ~
for re m in the 'elec-
tive system.