The Sun.
London, England, 1836-04-08 00:00:00

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among tilt few who in their conduct acknowledge
that the rights of proprietorship entail the (linty of

benevolence towards their tetlAntry, it is lamentable to
observe that distinctions have been constantly merle in
favour of a privileged religious se-zt, to the comparative
neglect of all ethttrs. /Tow a system which proposes
to do sway with all such anomalies—which ptotects
the tenant from the vindictive tyranny or the more
frequent cupidity of the landlord—which goes to esta-
blish in Ireland the principle that all property is held
for the good of the community,,and not for the unre-
stricted indulgence of the will of the possessor ;—a
system which proposes to do all this, will, naturalry
enough, be violently resisted by a large proportion of
the Irish landed Aristocracy. -

In a previous notice of the Third Report of the
Irish Poor Law Commissioners, we stated that we
should take an early opportunity of laying the
whole of that document before our readers. We
find, however, that it would be exceedingly inconve-
nient to observe that arrangement ; because the pub-

lication of the whole of the Report would oblige us
to exclude a mass of very important matter of a pe-
rishable nature. Again, we observe that a conside-
rable portion of the Report is made up of extracts
from other evidence ; and that, on the whole, our
readers will have no reason to be dissatisfied, if from
the Report, vcrbatinz et literatim, we make such ex-
tracts, in our leading articles, as shall convey to the
public whatever is of vital importance in it. We shall
begin with the encouragements which the Commis-
sioners hold out to improving tenants :
" We propose that the Commissioners of partition shall
be armed with the usual powers given to Commissioners
under Inclosure Acts. And in order to bring all lands
partitioned the more immediately and beneficially into cul-
tivation,- we propose that such main drains and roads as
may be required in or through them shall me made by the
Board of Works, which, in consideration thereof, shall
have an allotment of a certain part of each waste made
to it in trust for the public, the extent to be proportioned
to the charges incurred in making the survey, partition,
drainage, and roads. We also propose that the annual
acreable value of the land comprised in each allotment
made by the Commissioners of Partition shall be stated
in their award, and that each proprietor, whether he
have a limited estate only, or hold subject to charges or
incumbrances, shall have a right to make a lease of the
share assigned to him, or of any portion of it, at a rent
equal to the annual value so fixed, for a term of sixty-one
years, to a tenant undertaking to enclose and cultivate
the premises in such manner as shall be approved of by
the Board of Improvement ; and that the lease shall be

good against persons having any estate in reversion or re-
mainder in the lands, and against all incuinbrances, and
against all persons claiming adversely any estate, right, or
interest therein, so that none shall have a right to go against
the lessee except for the rent reserved ; and that each party
authorised to make such lease shall also be authorized to
contract for the transfer in fee of part of the allotment
made to him, to any person or company that shall under-
take to inclose and bring the residue into good cultivation,
provided the contract be made with the approbation of the
Board of Improvement ; and that when the work is per-
fected—and proof thereof made to the satisfaction of the
Board—a proper deed of transfer shall be executed under
its direction, which shall be good against all parties what-

soevcr.
We also propose that similar provision be made for con-
tracts by corporations sole or aggregate, husbands in right
of their wives, trustees, guardians of infants, committees of
lunatics, and all who are usually authorized to act for persons
under disabilities.

Here is at once a direct and efficacious remedy for
one of the main causes which prevent the cultivation of
Irish wastes. It is well known that many Irish land-
lords will not give leases at all, but let their tenements
from year to year ; and that those who grant leases
seldom give them for longer terms than seven, four-
teen, or twenty-one years—thus holding out to their
tenants no personal interest in the improvement of their
farms. The consequence is, that the tenants neither
till nor manure their land, as they would do
if they were certain to reap the benefit of
of their labour. No crops are raised but such as are
produced almost without culture. Draining, fencing,
hedging, and planting are entirely neglected ; the
arable land is turned into pasture when it has lost
heart, and can only produce weeds ; and thus the
landlord and the tenant become the reciprocal victims
of a system resorted to for the purpose of maintaining,
a corrupt and coercive political influence. By secur-
ing to the labourer a fair remuneration for his improve-
ment, the State takes the most efficacious means of
encouraging agricultural industry, and eventually of
enriching both landlord and tenant. This is forcibly
pointed out, and provided for in the following recom-
mendation of the Commissioners :
We think that improvements may be very extensively,
though indirectly, promoted, by giving to tenants for life in
Ireland, leasing and charging powers similar to those given
in Scotland, by the Act to encourage the improvement of
lands there " held under settlement of strict entail." There
is, no, doubt, a material difference between the law of Scot-
land and that of England and Ireland with respect to en-
tails ; in Scotland they may be perpetual, but not in any
other part of the United Kingdom. Although, however,
the mischief that may be done by perpetual entails is greater
than any that can be produced by those of the- limited
species which the law of England and Ireland allows, the
difference is not one of principle but of degree ; all settle-
ments-which tend to keep property long in fetters arc against
the policy of the law of England ; and in proportion as
• she has become a great commercial country, she has dis-
countenanced and in a great degree prevented them. The
powers usually contained in family settlements have in ge-
neral proved sufficient for improvement and cultivation in
England, but for Ireland, considering her backward state,
we think a general enabling law necessary.
We therefore recommend that all proprietors being te-
nants for life, or quasi tenants for life, of lands, shall be
authorized to grant leases for thirty-one years thereof at the
improved rent, and without fine, provided each lease be made
with the approbation of the Board of Improvement, and con-
tains covenants for due management ; and that they also be
permitted to charge the inheritance to a certain extent with
any sum which they may expend on lasting improvements,
provided the expenditure be made .with the approbation of
the Board of Improvement, and that it do not exceed the
amount of three years annual value of the land ; and that
it do not extend to ornamental works, or any buildings
save farm-houses, and such out-offices and homesteads as
may be required for them. We also recommend that simi-
lar powers be given to all Corporations sole or aggregate.
The Commissioners, as we before stated, recom-
mend the cost of improvements undertaken by the
Board, to be defrayed by a rate levied upon
the land. As, this rate may be heavier than
either the landholders or occupiers may be able
to pay in the first instance, a rate equal to 5 per cent.
upon it is to be assessed and made payable' to the
Board of Works, which shall be empowered to ad-
vance the whole Van at once. This rate is to be
tieir
bornei by the tenants having leases, conjointly with
..hlitilords—the Commissioners presuming such
.enants to have a life interest in the improvement of
the 'ann. But tenants occupying only from year to
year, and having no leases, are presumed to have no
permanent interest in the improvement of the soil, and
therefore are not liable to the rate, beyond that of ad-
vancing its amount, which they. are subsequently to
deduct from their rents,
The following is a most important recommendation:
Wconsider We it advisable that the Board of Improve-
meat should be enabled, as far as possible, to make provision
c
for the occupants of cabins which
may btehenuciasbanincs to be
when such provision is made, to
au
taken down, and that landlords shouldsebe required to con-
tribute :towards the expense of removing the occupants
and providing for them.
We therefore recommend that at any sessions to be
holden, as before mentioned, the Commissioners and Jury
shall, whenever required so to do by the Board of Improve-
ment, present as nuisances any cabins within the district
which may appear unwholesome, or calculated to generate
or continue disease, and to present a certain sum for each ,
and, that- a portion thereof shall be raised off the pro-
perty of the immediate landlord of the tenant, and the
residue off the district at lame ; that it be paid to the
Board of Works, and that the Board of Works, under the
directions of the. Board of Improvement, do let to each
'tenant, whose cabin shall be so presented, a certain quantity
of laud out of some of the allotments to be made to it as