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

TH

tr,,to sun sAvi, tip' deatti;, vI ou;:c,
in th,-ir natur-., without the c,,iistlit of his ordinary."
Why should the focr-law Commissioners be constilutrA
judges of the spiritual fitness of either the "Introit Ci-
thoic or ;he Protestant chaplains? He hoped the Go
vernment would allow the cluthe to bo addict to the Bill,
if only for the salu, of facilitating the working of the
Ft): w.
Sir W. SOMERITMLE hoped the House would not
he induc,ti to consent t., the introdlction of the cl,u-e,
which he doubted v•ry much wfinid. if adopt• d, facili-
tate the working of the pn,r-law. The first p ,rtion of
the clause was Tiite superfluous. Special care was taken
by the Poor-law Gimmis3ioners bafore chaplains to
workhouses were appointed, to consult, in a resprctful
manner, the archbishop or bishop of the district, as to

their spiritual fitness.
Mr. A. STAFFORD considered the latter portion of
the clause would be found impssible to carry out in a
correct spirit.
Atter a few remarks from Mr. SCULLY, and an ex-
planation from 4ir W. SOMERVILLE,
Mr. M. O'CONNELL expressed a hope that the lion.
Member would not press his motion a division, as in

the event of his doing so, he should vote against the
clause as it now stood. The remedy in the present case
would be worse than the disesse.

The Committee divided, when there appeared—
For the clause
Against ...
Majority against ... ... —7l
Mr. GROG AN moved the following clause:—" And
be it enacted, that from and af,er 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 tbr any
term not exceeding one calendar month, at a rent not
exceeding the rate of one pound sterling by the month in
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 for 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 shalt not appear at the time and
place appointed, or if such tenant or occupier shall ap-
pear, and shall not show to the satisfaction of the Jus-
tices assembled at such: court of petty sessions, reason-
able cause why possession should not be given, and shall
s:ill 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 for the said landlord, or his agent or receiver, to
give to the said justic a proof of the holding, and of the
end or determination of the tenancy, with the time and
manner thereof; and it shall be 1 iwful for the said Jus-
tic. s to issue a warrant to any constable, authorising him
within a period, not less than seven, or more than ten,
clear days from the date of such warrant, to give posses-
sion o the premises to such landlord or his agent. Pro-
vided always, that entry upon any such warrant shall
not be made ou is Sunday, Guud 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 GEORtiE GREY regarded the clause as one to
facilitate 4 jectments, and as such ought not to bo consi
der* d in connexion with a measure tor the relief of the
Irish poor. IL- strongly recommended tae Hun. Gen-

- 74

aortae to withdraw thenause.
Mr. GRUB/AN then withdrew the clause, and pro-
posed another to the elf-et—That where any persoti,
who shall be in the occueaiion of any land, or of any
h -use atei laud, 'rider any lease, contract for a lease, or
other tenure, in Ireland, of greater extent than a quarter
of a isarute acre, etre!! apply for, and shall have received
relief under the laws now in force for tesministering re
lief to the destilwe pour in Ireland, it shall and may be
lawU for the board of guardians of the union, within
which suth p eons shall have ben resident when such
relices was administered to him as aforesaid, and they art-
hereby required, on the application of the owner of the
said lend, or house and laud, so held by such persen us
aforesaid, or if his authorised egent, to grant to such
owner, or to his agent, a certificive 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 lawful
for the said owner, or for his agent, upon the reeeipt of
such certificate from the board of guardians as afore-
s,id, to enter upun 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,
n ,twithstending any unexpired term in such lease,
contract tor a lease, or other tenure of such land, or
house and laud, and as if such lease, contract for u ieese,
or other tenure, wee why lly void; and if, upon the receipt
of such certificate as aforesaid by the said owner or Ins
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 claiming
to hold fr-m, by, or under such a person as aforesaid, it
shall be lawful, for tee said-owner, or his agent, to cause
a summons in writing, sigeed by a justice of the peace,
of or having jurisdiction within the county where said
premises shall be situate, to be served upon the person
or persons who shall be in the occupation of such land,
or house and land, or any part thereof, to attend at the
iiext court of p-tty se,sio is to be holden 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 aforesaid, is and con-
tinues in the occupation of such person, or of any other
person or persons claiming to hold the same, or any
part thereof, from, by, or under such person as afore-
said, and that a summons to attend the said court has
been duly served upon the person or persons who shall
be in the occupation of the said land, or house 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 any
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 assietauts as h, shall
deem necessary, and to give possession aec,irdingly, not-
withstanding any unexpired tern in auy lease, contract
land,iweanrurraeanntwdesrahes lease, contract crpcorenotyrifadocertdt.ba. y
for a lease, or other tenure of such land, or house and
that!,ea se onroostuhcehr
whollyitlf ub
et h
ny Linger period
than ten days from the date thereof, and ro-
vided also that no such warrant shad Pbe
executed until after four clear days' (Sunday, Good
F. idey and Christmes-dey excepted) notice of the deci-
sion of tne said justices shall have been given to or lett
et the usual place of abode of vie person or p,rsons woo
snail be in the occupation of the said land, house and
land, or any pirt thereof, by the said owner or his agent.
Sir LUC US O'BIHEN supported the clause.
Sir GEORGE GREY con idered it unnecessary, in-
asmuch as tie matter was provided for to a considerable
extent by the teeesure be ore the liou-e.
• -

tew words from Mr. SHARMAN CRAW-
FURD, who supported the Onus Et,:d
Mr. I'OULE F SCROPE, wh supported it,
The Hous- divided, when there appeared—
For the clause
Agsiust it

Majority att,onst ttle clause —74
Sir ARTHUR BROOKE next moved a clause to the
effect of altering th.- lisbiiity of lessors for rates in re-
spect of tent:went& not exceeding the value of 41. to a
value nut exceeding 2/. As the clause exist.,,ql he consi-
dered it operated unfavourably upon those parties who
were rated at 41
Sir GEORGE GREY having oppbsed the clause, it
waslieginved without n division.

Mr. NAPIER then moved the following clause:—
" And whereas it is just and reasonable that the deduc-
tion fur poor-rate, claimable by the person immediately
liable to pay tithe rent-charge, should not exceed the de
auction by law allowed in the case of any fee farm r:•nt
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 therelote enacted
that it shall not be lawful for any person immediately
ha•>le to pay the tithe rent charge to deduct therefrom,
for every pound in value thereof, any turtner or greater
stim-than, one half of the poundage of any rate made
atter the passing of this Act, fur the relief of the poor;
provided always that nothing herein contained shall be
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 to this clause. He
had made a suggestion to the Committee which sat on
the Irish poor-law which had been adopted, and which
he considered met the case alluded to in the clause. He
thought that there would be an unfair advantage given
to the titheowner by taking off half• the rate, and that it
such should be necessary he thought that it should be
settled between the landlord and the 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
in Ireland is not held respinsible 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, mortgagt-ev, annuities, and other lauded in-
teresta escape, while the clergy, after a deduction of 25
per cent. previously, are still dlomed to a further re-
iluciion of rent-charge by this Bill. He considered that
this clause of his was worthy of being inserted in the
Bill, as it would obviate much injury to so worthy a
body.

After a few words from Mr. P. ScnorE and Sir J.
YOUNG against the clause, on the ground that though
the clergy had a little to complain of, yet while the
landlords and tenants were made to be the principal
sufferers, he thought that the clergy should the
small share of the tnit=vanee.s,
Mr. HAMILTON said that there was n'i analngy
between the clergy on the one hand and the occupier
and landlord on the other hand. Inc.use the occupier
had the hew-ti's of his farm, and the landlord the ad-
vantage of his Ine.mutT, while the clergyman, had neither,
because of his no-it
Sir D. NOIIIiEYS said he felt fully assured that this
question had uo reference whatever to the occupying

tenant, but that it was wholly and solely a lai;tilia;l
question, as the landlord would have to pay the whole
of the rent charges; and as he could not nuke any de-