The Sun.
London, England, 1849-06-05 00:00:00

The third reading of the Incumbered Estates (Ire

land) Bill was carried last night by an overwhelming
majority of 105, out of 129 Members present—twelve
persons only having recorded their votes against the
measure. It will therefore speedily become the law
of the land, and Ireland may at length obtain the
blessings of a solvent and unembarrassed proprietary.
The natural results will undoubtedly follow. Capital
will flow into the country, the soil will be fully and
fairly cultivated, the natural capabilities of the
island duly develop2d, awl it; first great want,

adequately and fairly remunerated employmentfor the

labouring population, completely supplied. Although
many causes tended to produce the misery and dis•
tress that has unquestionably existed throughout, the
entire country, none perhaps operated more injuri-
ously than the condition in which landed property
was held on the other side of St. George's Channel.
There was a complicated system of entails and limi-
tations that prevented the free transfer of real
estates from those who were unable, by reason
of their pecuniary embarrassments, to discharge
the duties incidental to the possession thereof',
to others better qualified for that purpose, to men both
able and willing to carry out permanent and lasting
improvements alike beneficial to the owners, the
occupiers, and the labouring population. The no-
minal proprietor had no power to effect real im
provements, neither was it his interest to do so even
if possessed of separate and independent fortune. He
was tied down as to the leases he might be disposed
to give, and could only let his land subject
to certain conditions, which prevented him
from obtaining a solvent and improving tenantry.
No allowance whatsoever could be made for improve-
ments, however valuable. The interests of his
younger children were altogether opposed to those of
the heir and successor : the latter would be placed
in a situation of comparative affluence, while his less
favoured brethren, brought up and educated as gen-
tlemen, in the enjoyment of every comfort and luxury,
would be reduced to poverty on the death of their
father. Whatever could be set aside after providing
for the annual expenditure would of course be ap-
plied for the benefit of those who possessed equal
claims upon the heart of a parent, with the future
head of the family. If money were available it
would not be expended in increasing the value of the
estate, which, under the most unfavourable circum-
stances that formerly existed, or until within the last
few years it was supposed could have existed, would
still afford a competent provision for the eldest son.
But it would be wasted, in order to swell the
attenuated portion of the junior branches. If
changes or incumbrances affecting the estate
were paid off by the tenant for life,
they were never what was termed in law
" satisfied" or discharged, but merely assigned to
trustees for the benefit of the party, in order that
they might still survive against the estate, when the
tenant in tail got into possession. Such was the
state of affairs even in the rare and exceptional cases
of the owner being perfectly free from pecu-
niary embarrassments and enabled to save a
considerable portion of his annual income,
and it must be obvious that no improvements could
be effected. The welfare and prosperity of the pre-
sent generation were sacrificed, in order to gratify
family pride, and to keep the representative and head
of the house a great man—the inheritor of a large

estate.
But matters were a thousand times worse
In
.the more ordinary event of the party en-
ter' hg on the possession of a property sub-
ject to several charges and incumbrances.
The condition of such a person was really pitiable.
He was expected to maintain a high position in the
district, to suit his expenditure rather to the
nominal rental of his wide spread domains than to
the actual surplus available for his own purposes.
Improvements of course were wholly out of the ques-
tion. Tenants were screwed to the utmost to obtain
the promise of rents that could never be paid out of
the profits of the lands. • There was a gradually
increasing deficiency, year after year, between
the receipts and outgoings which, more hibernico,
was supplied by raising new loans, which being only
secured upon the life estate, and premiums of insur-
ance being added, were necessarily effected at an ex-
orbitant rate. Once entered upon the borrowing sy stem,
the career became rapid indeed. For a short time the
interest might be paid with some degree of punctuality ;
but sooner or later default would take place. Bills
were then filed in Chancery by the exasperated cre-
ditors, every device was resorted to to retard the
proceedings, which occasioned an enormous amount
of costs, and at length a receiver would be applied for
and obtained, and the lands would pass into the buds

of the worst possible managers—the officers of the
Court of Chancery. Then, indeed, arrears would
accumulate ; tenants that would pay their
landlord, if enabled to do so, would
try, by every means in their power, to put off the
receiver, well aware that former good conduct, the
improvement of the lands, the punctual settlement of
the rent account, would constitute no claim to obtain
a renewal at a letting under the Court. The occu-
piers would industriously seek to impoverish the land,
or what is termed in Ireland "to break its heart," in
order that others might not be tempted to take it over
their heads, and they generally, we may say invariably,
succeeded but too well. The receiver was wholly
uninterested in the matter, provided the rents were
paid with something like punctuality ; he cared little
for the proper cultivation of the soil, the due succes-
sion of crops, or even for the collection of
rents, provided he did not make himself per-
sonally responsible for default. His object was
rather to make himself popular among the tenantry,
and to obtain the presents and emoluments
that are generally bestowed upon "the agent,'' if
he will accept them under such circumstances. The
deteriorated condition of the property placed in
" Chancery," and the demoralization that prevailed
in the locality, may be more easily conceived than
described. Distress and destitution existed among
the people, and all parties interested—landlords,
tenants, and incumbrancers were alike injured.
The effect of the new Bill will be to bring
estates so circumstanced to a speedy sale—to
set aside the cumbrous formalities, the tedious
and expensive technicalities that now prevent a sale
of the lands. It will confer a clear and unquestion-
able title on the purchaser—a title springing from a
"new root," with a Parliamentary guarantee. The
value of the lands will be materially improved, not
only by the certainty but also by the simplicity of the
new title; the interests of all persons concerned will
be promoted because Parliament, for the first time
has bad the courage to shake off the trammels and
prejudices that have heretofore impeded beneficial
legislation on this all-important subject.