The Sun.
London, England, 1849-07-10 00:00:00

THE S N,

from such office save by default of duties purely civil
in their nature, without the consent of his ordinary."
Why should the Pocr-law Commissioners be constiiuT,d
judges of the spiritual fitness of either the Roman Cs-
thotic or the Protestant chaplains? He hoped the Go-
vernment would allow the clause to la, added to the Bill,
if only for the sake of facilitating the working of the
poor-law.
Sir W. SOMERVILLE hoped the House would not
he induced to consent to the introduction of the clause,
which he doubted very much would, if adopt,d, facili-
tate the working of the poor-law. The first portion of
the clause was quite superfluous. Special care was taken
by the Poor-law C.ammissioners b,fore. chaplains to
workhouses were appoiated, to consult, ma respectful
manner, the archbishop or bishop of the district, us to
their spiritual fitness.
Mr. A. STAFFORD considered the latter portion of
the clause would be found impossible to carry out in a
correct spirit.
After a few remarks from Mr. ECULLY, and an ex-
planation from Sir W. SOMERVILLE,
Mr. M. O'CONNELL expressed a hope that the Hon.
Member would not press his motion to a division, as in
the event of his doing so, he should vote ag Linst the
clause as it now stood. The remedy in the present case
would be worse than the disease.

The Committee disiltd, when there spreired—
For the clause ... ... 3
Against
... 74
Majority against ... —7l
Mr. GROG AN moved the following clause:—" And
be it enacted, that from and after the passing of this
Act, in all cases where any land, or any house and land.
or any house, shall be held by the tenant thereof for any
term not exceeding one calendar month, at a rent not
exceeding the rate of one pound sterling by the month iu
Ireland, and the term or interest of such tenant in such
land, house and land, or in such house, shall have ended,
or shall have been duly determined by a legal notice to
quit, and such tenant (if such tenant do not actually oc-
cupy the premises, or only a part thereof) shall refuse
to deliver up the possession of the premises, it shall be
lawful fur the landlord, agent, or receiver of his rents,
to cause the person or persons so neglecting to deliver
up the possession to be served with a summons in writ-
ing, to be signed by a justice of the peace of, or having
jurisdiction in, .the county in which the said premises
shall be situate, to appear before the next court of
petty sessions to be holden for the district within which
the said premises shall be situate, to show cause
why the said premises should not be delivered. And if
the tenant or occupier shall nut appear at the time and
place appointed, or if such tenant or occupier shall ap-
pear, and shall not show t the satisfaction of the Jus-
tices Issembh d at such; court of petty sessions, reason-
able cause why possession should not be given, and shall
still neglect or refuse to deliver up the possession of the
said premises, or.such part thereof as he was in posses-
sion of at the time of the service of such summons, to the
said landlord or his said agent or receiver, it shall be
lawful fur the said landlord, or his agent or receiver, to
give to the said justic-s proof of the holding, and of the
end or determination of the tenancy, with the time and
manner thereof; and it shall be lawful for the said Jus-
aces to issue a warrant to any constable, authorising him
within a periol, not less than seven, or more than ten,
clear days from the date of such warrant, to give posses-
sion of the premises to such landlord or his agent. Pro-
vided always, that entry upon any such warrant shall
not be made on a Sunday, Good Friday, or Christmas-
day, or at any time except between the hours of nine in
the morning and four in the afternoon."
Sir L. O'BRIEN supported the clause.

Sir GEORGE GREY. regarded the clause as one to
facilitate ejectments, and as such ought not to bo consi-
dered in connexion with a measure for the relief of the
Irish poor. He strongly recommended the Hon. Gen-

tleinah to withdraw tti-ec!ause.
Mr. GROG AN then withdrew the clause, and pro-
posed another to the effect—That where any person,
who shall be in the occupation of any land, or of any
house and land, under any lease, contract for a lease, or
other tenure, in Ireland, of greater extent than a quarter
of a statute acre, shall apply fur, and shall have received
relief under the laws now in force for administering re
lief to the destitute poor in Ireland, it shall and may be
lawful for the board of guardians of the union, within
which such persons shall have been resident when such
relief was administered to him as aforesaid, and they are
hereby required, on the application of the owner of the
said land, or house and laud, so held by such persen as
aforesaid, or if his authorised egent, to grant to such
owner, or to his agent, a certificate in writing of the
relief so administered to such person; and it the said
land, or house and land, shall be in an abandoned state
or condition, and shall be unoccupied, it shall be lass ful
for the said owner, or for his agent, upon the reeeipt of
such certificate from the board of guardians as afore-
said, to enter upon the said land, or the said
house and land, and the same to have, hold, occupy,
possess, and enjoy, as in his or their former estate,
notwithstanding any unexpired term in such lease,
contract for a lease, or other ti nure of such land, or
house and land, and as if such lease, contract for a lease,
or other tenure, were wholly void; and if, upon the receipt
of such certificate as aforesaid by the said owner or his
agent, the said land, or the said house and land, or any
part thereof, shall be in the occupation of such person
as aforesaid, or of any other person or persons claimin4
to hold trim, by, or under such a person as aforesaid, it
shall i.e lawful, for the said owner, or his agent, to cause
a summons in writing, signed by a just:cr of the peace,
of or having jurisdiction within the county where said
premises shall be situate, to be served upon the person
sir persons who shall be in the occupation of such land,
or house and land, or any part thereof, to attend at the
text court of petty se,siols to be htslden in and for the
district within which such land, or such house and land,
shall be situate ; and it shall be lawful for the jus-
tices of the peace, assembled in such court of petty
session, and they are hereby required, upon produc-
tion of the certificate of the said board of guardians
as aforesaid, and upon proof that the said land, or
house and land, or any part thereof held by the person
named in such certificate as it'eresaid, is and con-

tinues in the occupation of such person, or of any other
person or p-rams claiming to hold the same, or any,
part thereof; from, by, or under such person as afor,-
said, and that a summons to attend the said cilia has
been duly served upon the person or persons who shall
be in the occupation of the said land, or h,,uso and land,
or any part thereof, to order and direct that the possession
of the said land, or house and land, shall be delivered
up to the said owner or his agent; and the said justices
shall, upon the application of the said owner or his agent,
issue their warrant under their hands and seals to an)
constable acting in and for the district within which
such premises shall be situate, to deliver, or cause to be
delivered, to the said owner or his agent, the possession
of the said land, or the said house and land, and the said
warrant shall be a sufficient warrant to such constable to
enter upon the premises with such assistants as he shall
deem necessary, and to give possession accordingly, not-
withstanding any unexpired term in any base, contract
lfwtoaeanrnrduar,raealnenwastdeesra,:saoe willfr.hsouboiceityhhevlirenositenure of such land, or house and
lease, contract
rcpcorenotvrifadocertd foraaanl always.,
ylsl.,,enatghs
longer period
onrop(e)struhi
such
than ten days from the date thereof; and pro.
vided also that no such warrant shall be
executed until after four clear days' (Sunday, Good
Friday and Christmas-day excepted) notice of the deci-
sion of the said justices shall have been given to or left
at the usual place of abode of the person or persons who
shall be in the occupation of the said Lied, house and

land, or any part thereof, by the said owner ur his agent.
Sir LUCIUS O'BRIEN supported the clause.
Sir GEORGE GREY con,idered it unnecessary, in-
asmuch as the matter was provided for to a considerable
extent by the measure be ore the House.
After a few words from Mr. SHARMAN CRAW-
FORD, who supported the clause, and
it,
23
TheMr t
thesjie E
e rlTa divided,osBeC whenßOl -)Et
'h
we
there who
appeared—
For supported
Against it
M
Sir againstAßTHUßajßorlittOyOliEa clau—se7t4o the
next t h
effect of altering the liability of lessors for rates in re-
spect of tenements nut exceeding the value of 4/. to a
value nut exceeding 2/. As the clause existed he consi-
dered it operated unfavourably upon those parties who
were rated at 4/.
Sir GEORGE GREY having opposed the clause, it
was negatived without a division.
Mr. NAPIER then moved the following clause:—
" And whereas it is just and reasonable that the deduc-
tion for poor-rate, claimable by the person immediately
liable to pay tithe rent-charge, should not exceed the de
duction by law allowed in the case of any fee farm rent
or other rent charge chargeable upon and payable out
of the rents and profits of the rateable property charged
with such rent and rent charge, be it theretore enacted
that it shall not be lawful for any person immediately
liable to pay the tithe rent charge to deduct therefrom,
for every pound in value thereof, any furtner or greater
suns than one half of the poundage of any rate made
atter the passing of this Acr, for the relief of the poor;
provided always *hat nothing herein contained shall
taken to affect or alter the right of deduction of the en-
tire poundage of any rate made before the passing of
this Act."

Sir GEORGE GREY objected
had made a suggestion to the o Committeeti'i s
whichclause s. a t ile:k
thought
ohaaglhf
tt the
thatra 1 t
the Irish poor-law which had bee
dto in the clause. He
eun adopted, and which
unfair advantage given
thheocuogneitehraetd
tinh
eertethweocualsde
baellauldi
should he
enrebeyesstaalrryinhgee
rate, and that 1,
stoucthhe6thi
settled between the landlord and the
(titer be n
tenant, and not be-
tween the titheowner and the tenant.
Mr. NAPIER said the case of England and Ireland
were totally different in this case, because the landlord
rd
in Ireland is not held responsible for the tenant, whereas
in England the landlord is the responsible person for the
tithe rent-charge. He regretted to say that in the case
of rent-charge the clergy are the only sufferers; for the
jointures, mortgagees, annuities, and other landed in-
terests escape, while the clergy, after a deduction of 25
per cent. previously, are still doomed to a furhor re-
duction of rent-charge by this Bill. He considered that
this clause of his was worthy of being inserted in th:,
Bill, as it would obviate much injury to so worthy a
body.
Lifter a few words from Mr. P. SCROPE and Sir J.
YOUNG against the clause, on the ground that though
the clergy had a little to complain of,
.),-,2t while the
landlords and tenants were made to be the principal
sufferers, he thought that the clergy should take a
small share of the grievances,
_ Mr. HAMILTON said that there was no analogy
between the clergy on the one hand and the occupier
a
Et! landlord on the other hand, because the occupier
had the benefits of his farm, and the landlord the ad-
vantage of his income, while the clergyman had neither,
because of his position.
Sir 7
D. NORREYS said he felt fully assured that thi-,
question had no reference whatever to tever to the occupying
tenant, bat that it waswholly and landlord
solely a
question, as the landlord would have to pay the whole.
. e Mat charges $ d h
I a as e could not wake any de-