The Sun.
London, England, 1846-06-12 00:00:00

THE GAUGES.

Sir GEORGE GREY said he—wished to know if the
Government intended to propose any measure founded on the
minute of the Board of Trade relative to the report of the
Broad Gauge Commission ?
Sir. G. CLERK said he wished to state in answer to the
question of the Right Hon. Baronet, that it was his intention
to move, on Monday next, a series of resolutions founded upon
the report of the Broad Guage Commission.
LIGHTHOUSES.

Mr. P. STEWART said he wished to put a question to
the Right Hon. Gentleman the Chancellor of the Exchequer
on a subject of great importance—namely, the subject of light-
houses. He wished to ask if it was the intention
of Government to carry out the recommendation of the Com-
mittee which sat upon the subject last year—namely, that all
lighthouses and buoys, necessary for the safe navigation of our
seas and rivers, should be paid for and maintained out of the
public revenue, instead of from tolls levied upon the tonnage
of shipping ?
The CHANCELLOR of the EXCHEQUER admitted
that the subject was one of very great importance, and one
which had long been under the consideration of Government,
but he could give no assurance to the Hon. Member of carry-
ing out the recommendation of the Committee.
PETITIONS OF MR. FLETCHER.

Mr. AINSWORTH moved that the petitions of J. Fletcher
Fletcher, against the Manchester, Bolton, and Bury Canal
Navigation and Railway Bill, and the Manchester, Bolton,
and Bury Canal Navigation and Railway Extension Bill, be re-
ferred to the Committee on the Bills.

After a few words from Lord Granville Somerset, Mr.
Greene, and Mr. Hodgson,
Mr. AINSWORTH withdrew the motion.

IMPROVEMENT OF IRELAND.—(COMPENSATION
TO TENANTS, POWER OF EJECTMENT, AND
SHORT LEASE BILLS.)
Lord LINCOLN, in moving for leave to introduce Bills to
provide Compensation to Tenants of Land in Ireland for
Improvements made by them ; to amend the Law in
respect to the power of Ejectment and Distress in Ireland,
and to provide for a short form of Lease of Lands and Tenements
said it was his duty, a few days ago, to address the House on a
subject connected with Ireland, on which great feelings of
antagonism were created in that House and elsewhere.
But it was now his duty to address the House on a subject which
he trusted would meet with the general approbation of the
House. It was one on which he hoped all men would
unite, as it was one on which no feelings of political
animosity would be excited, one on which they could enter
with no different feelings, except to emulate each other as to
what was best to be done for the benefit of the people of
Ireland by improving their condition, and putting them in a
better position to cultivate the soil, and by giving them
better security for the investment of their capital in
land, for without that security the proper cultiva-
tion of the soil could not be effected. He thought
it would better suit the convenience of the House to
introduce the three Bills to effect these objects together.
He need not inform the House that a commission had been
appointed to inquire into the state of Ireland, and that that
commission had made such reports to the Government as drew
their attention to the tenant system of Ireland.—( Hear,
hear.) Three Members of that commission were also
Members of that House, and that they were fully qualified
for the very arduous duties they had performed.—`Hear.)
This motion had partly emanated from the reports of that
Commissioner ; when he said this, he did not mean it to be
understood, that the many recommendations made by the
Commissioners had been entirely dealt with, But it
was not because there were not other measures brought
forward, or those recommended, that they might not
be brought forward at a future time. This question was not
quite new to the House, for it had been fully argued by the
press and other great authorities of this country, so that it
was pretty well understood. This being the case, it
would be troubling the House to bring forward fresh argu-
ments in support of the policy of this question. He
would therefore avoid touching on such topics as did not
immediately bear on the question befere the House. No one
would deny that this was a most difficult subject for legislation,
and it would also be admitted to be as delicate as it was
difficult. When he said that it was encircled with difficulties,
as a legislative question, he did not mean to say that it was
a subject.perfectly understood by the House, for it had been
repeatedly brought forward by the Honourable Member for
Rochdale, but who had as repeatedly as he had brought it
forward altered his intentions with 'respect to the manner in
which he would have the House entertain the subject.
Now, feeling as he did, that it was not only right, but necessary,
for Parliament to attempt to legislate on this subject, at
the same time he felt that, whatever Bill they might pass, the
relations of landlord and tenant, and relations of that nature,
could be regulated so that much would not be left to be done
by themselves. Much must still be left to the justice and mo-
deration and good feeling of both parties interested—he meant
the landlord and tenant. Parliament, he thought, ought to at-
tempt to enact salutary laws on the subject, but he was convinced
that much must depend still on the individual character and
conduct of the landlords themselves. Their legislation would
be successful, and he felt certain that much, though not enough.
could be done. He felt convinced that the Noble Lord op-
posite (Lord John Russell) agreed in these views of the sub-
ject, for during the present session he delivered a speech,
when he said that it would be most unwise for Parliament to
touch upon and unsettle these relations, especially in Ireland,
unless aftersufficient inquiry into them. Having nowstated what
Parliament could do, and also what ought to he done, he was
convinced by the report which had been made by the com-
mission, and other documents that had been laid before the
public, that it was the duty of Parliament to take
up and legislate upon this subject. He might be
told, and with some show of argument, that they
ought not to interfere with landlord and tenant,
but he was not prepared to admit the abstract doctrine. The
Noble Lord was struck with an expression used by Mr.
Nicholls, the Poor-law Commissioner. Speaking of the poor-
law in Ireland, he said, " Want of employment brought on
destitution, destitution caused turbulence, turbulence was
followed by insecurity, insecurity by want of capital, and want
cf capital by famine." He felt that the views expressed
by the Commission were correct, and that it was not only
justifiable, but binding on the House to interfere.
Before going further into the subject, he would draw the at-
tention of the House to a few of the leading clauses of the
first of these three Bills. It should be observed that the report
of the Commission recommended that wherever the
tenantry of Ireland possessed any superfluous capital,
they should be encouraged to invest it in the
soil of the country. But it was to be lamented
that the only capital which the Irish tenantry possessed con-
sisted in the labour of themselves and their families. Look at
the produce of this country, was it not universally allowed
that wherever they had any superfluity they were always ready
to co-operate with their landlords? And he thought, therefore,
that the other recommendation of the Commission should also
be attended to, and that the landlords should also be encou-
raged to co-operate with their tenantry in the general im-
provement of the soil, and that facilities should be given for
entering into agreements for their common advantage. Not
that he conceived that all these evils were to be cured by le-
gislation, but the Legislature might do much ; and one point
to which he would direct their attention was that shown in the
first of these three Bills. It would be in the recollection of
the House, that when last year his Noble Friend the late Se-
cretary for the Colonies (Lord Stanley) proposed to bring in
a Bill for the improvement of the condition of the Irish pea-
santry, he proposed to establish an entirely new machinery.
But such:was not the case now. The:same machinery would
still be necessary, and that portion relating to the employment
of assistant barristers was to be retained. The Bills had two
kinds of compensation—voluntary agreement, and that which
was to be compulsory. By voluntary agreement he meant all
impiovements that did not come under the head of compulsory
compensation, and those improvements were not to be made a
charge upon the land. The improvements, as he had observed,
were of two kinds, and they had this broad distinction, that
all improvements relating to buildings and furrow drainage
were to be under the head of compulsory compensation, and
were chargeable on the land, while general improvements, not
of this character, were to be classed under the head of volun-
tary agreement, and not so chargeable. With regard to volun.
tart' agreements it is provided that if any tenant wishes to
effect any general improvement, he shall serve a notice in the
form provided in the schedule of the Act on the immediate land-
lord. If the landlord agrees, then he will signify his assent in
the form also provided in the Act, and then improvement may
be carried into immediate effect. If he refuses, the whole
matter drops to the ground. By the second course the tenant
has the option, if the landlord's consent is got, of enforcing
compulsory compensation for any buildings erected, or for fur-
row draining. On this point the Bill differed from the view of the
Commissioners; their view was that buildings only, and not
furrow drainage, should be considered as coming under the head
of compulsory compensation, thus assimulating the law to
what it was in England. But furrow draining was so essential
an improvement in Ireland, that he hoped under exisiting
circumstances the House would see the propriety of deciding
that draining as well as building should be included. He hoped
also the Commissioners would have no objection to
the.alteration, as Ireland was as present situated. He need not
point out to the House that, in justice to the landlords, they
would be forced to provide wardens to examine carefully into
all the improvements that were proposed to he made. In that
stage of his explanations, he might mention one difficulty,which
he was sure everybody who had looked into the subject was
aware of, namely, that at this part of their proceedings they
were met by difficulies which they would not be met with if
th,sy were applied to England—the multiplicity of landowners
in 1,-eland. This difficulty had, however, been aimed at in the
Bill, aurt he confidently expected that some of the difficulties
with which the object was surrounded would be surmounted, but
at the same time he admitted that great difficulties did exist in
connexion with this portion of the Bill. The notice to which
he had xeferred was to be served
uponall
landlords, and he was informed that the tenant
well acquainted with
immediate landowner, were always
the various parties who owned the land; and, there-
fore, he had proved that which would he thought
be necessary—that the notice should he served upon the land-
lord by those renting land for a certain period, namely, a thirty
years' tenancy, or three lives—the notice on the immediate
landlord being by personal appearance, but on the owner of
the land by post. When the tenant served this notice he
was to be bound to name an arbitrator, and to offer either
to construct the work himself, or if the landlord would do so
to agree to pay the additional expense on the outlay, amounting
to not more than 51. per cent on buildings, and 41. per cent.
on drainage. This, however, was a matter of detail which
might be altered in Committee if the House thought fit. The
reason of the introduction must be obvious—that it was better
that buildings should be constructed by the.landlord, instead of
the tenant, because they had a great security that
clef con-
sanc eructed by the landlord they would be properly
fit for use.--( Hear, hear.) And then so much depeemrndmedanujieorn.
the Arainsge of the land being executed
tin a so much of de-
But tixis, as he had already said,
tail, that it would be for the CommwiatsteiViotiola,dteearl with it. If the
it would become a
landlord sf,ould assent to this p P
charge upon the inheritance, an-dr°would°s at once be carried out ;
but if he did not, then he should serve a motion to that effect
upon the Clerk of the Peace, that an arbitrator should be ap-
pointed,, and that appointment should rest with the assistatant
barrister and the justices of the quarter sessions; if the arbi-
trators should agree, then they would make an award, but if they
did not, then Au umpire should be appointed,

and against that award, of course, no appeal would be.
So soon as the works or improvements were completed, the
fact would ,be registered with the Clerk of the Peace, for the
purpose of giving the date of-the period at which compensation
should help*. It was proposed that the tenantry who should
be evicted seven years after they had' made improvements
should have one-half" the outlay; if after 14 years, one-
third ; :after 2l,years and 28 years, one-fourth. He now came
to the second part of this Bill, vis.f thst -which related •to the
subject of ejectment and distress. This Bill proposed to re-
peal-the 56th Geo. lIL, which-gave '• tbe. power to levy a dis-
tress on growing crops.
.There_weye;deubtlese, many advan-
tages connected with this power, and some difference of opi.
nion existed respecting it in Ireland, but be believed that the
disadvantages resulting from it far overbalanced any benefits by
which it was attended. The next object was to limit the
costs of ejectment, according to a rule and form in the schedule
attached to the Bill, and this he thought was an unlimited
benefit. In doing this, he was aware he was not doing se much
as was desired, but he trusted that too much would not be ex-
pected from the power of Parliament, for the utmost that it
could accomplish was its interposition of irresponsible power on
one side, and helplessness on the other. He confessed that he
agreed with the opinion expressed in the report of the Commis
stoners, that it would not be to the interests of the tenant to
have those Acts repealed. That was a strong prima facie evi-
dence for the retention of those Bills. Mr. Kyle, who was an
eminent authority, was of opinion that it would be injurious to
the tenant to have an expensive mode of ejectment. Mr.
Baldwin, assistant-barrister for the county of Cork, entertained
a similar opinion, and was favourable to the tenant having the
opportunity, by a civil bill process, to demur to an ejectment.
The expenses of a process in the Civil Bill Court did not
amount to more than los. or a pound, while a similar process
in the superior Courts would cost 20/. That in his opinion
was so strong an argument in favour of the process by civil bill.
that he could not agree to the proposition of the Hon. and
Learned Gentleman, the Member for Cork. Itremained for
him to explain to the House one or two of the leading
tions included in the proposed Bill. The principle a
was that the landlords were to be compelled to give the
irtoevniasniotns
the particulars of the demand before; the judgment be served.
Power was to he given to the tenant either to pay
the landlord at once, or to pay the sum mentioned
on the record into Court, as he might think fit.
Another alteration was of particular importance, as bearing
upon recent events which had taken place in that country.
At present the landlord, when he wished to eject a particular
tenant, was obliged to eject also the tenants holding under him.
A great deal of the difficulty of dealing with Irish affairs might
be clearly traceable to that cause. A proposition was intro-
duced into the Bill, by which the landlord would have the
power of ejecting any particular tenant without interfering with
the holdings of the sub-tenants, who would remain in the same
position as they were before. The last of the Bills which he
intended to submit to the consideration of the House was a Bill
for providing a sufficient form of lease. It was proposed that
parties desirous of obtaining a lease should be able to write it
out themselves, according to a certain set form, without the
intervention of a solicitor to add to the expense. The objec-
tion to the length of form of the lease would be to a consider-
able degree removed by a diminished stamp duty. It was in-
tended to afford a diminished stamp duty of 2s. 6d. on all
leases on land, not exceeding 501. a-year rent. He was
desirous of introducing a measure which should be for the benefit
both of the poor and the rich, which should alike protect the
rights of property and the rights of labour. He hoped that the
House would give these Bills their attentive consideration;
and, in conclusion, would most sincerely hope, in the event of
their becoming law, that their result would conduce to the
prosperity of Ireland.—( Cheers. )
Mr. S. CRAWFORD observed that it was upwards of ten
years since he had introduced the present question into the
House. He must say that he had received very little support
or encouragement in his attempts to legislate on that subject.
The great object of all his Bills had been to provide sufficient
compensation to the tenant from the landlord in all cases of
ejectment. He was of opinion that compensation on an eject-
ment for three years on the lease was insufficient, and was a
feature of the proposed measure that ought to be amended.
He knew the law existed which gave the tenant power to
recover from the landlord the excess of levy; but that was but
a poor return, for a tenant might be ruined before he could
obtain any remedy for the loss which he had sustained. He
hoped the Noble Lord would excuse his opposition to the Bill,
for he opposed it with much regret.
Mr. J. O'CONNELL thought, that next to a decided in-
terference, this was the next best measure that could possibly
have been offered. He could have wished that the principle of
tenant-right custom, found to be so beneficial in the north,
had been made one of general application. It had produced
peace, and he thought it might have been greatly enlarged in
its sphere. Wherever the tenant-right existed there, there was
peace, there there was order and plenty, and there the landlord
got his rent. He would give the Government every credit for
their intentions, and for the spirit in which they had brought
forward their measures. This was notoriously a most difficult
subject, and one on which he himself was hardly competent
to judge, With respect to the repeal of the 56th Geo. 111., he
greatly regretted that the Hon. Member for Cork could not be
present to-night, as he would have been able to give a clear
exposition of its bearings. With respect to the pressure of
costs, he thought that the tenant was quite as liable to be ruined
by the ejectment as by the excess of levy. It should be ob -
served that Ireland was in a position very different from that of
any other country. There the population was superfluous, and
with no other opportunity of employment than that which was
derived from agriculture. He could have wished that there
was a power in their Bill to restrain the landlord in some
degree from ejecting the sub-tenantry. He knew hundreds, he
might say thousands of instances in which the greatest misery had
been occasioned, and needlessly occasioned, by the exercise of the
power which the landlords possessed. But again he must re-
peat, that the condition of Ireland was to be especially consi-
dered, and in sitting down he was glad to give his cordial co-
operation in carrying this Bill though the House.
Mr. OSBORNE, after apologising for the aspersions which
he threw on the Noble Lord (the Earl of Lincoln), said that he
thought this Bill would be very likely to greatly increase the
number of leases. ' None but those who knew the difficulties of
the subject could appreciate the temperate and able way in
which he had brought it forward; but he thought that an evil
would be suffered from the imposition of 5 per cent. for drain-
ing. He had been occupied much in draining himself, and
that he thought would prove a great difficulty.
Sir ROBERT PEEL—It is only-4 per cent., and rated on
the outlay.
Mr. OSBORNE—That, of course, did away with his ob-
jection, and he would only now ask when the Bill would -be
printed?
The Earl of LINCOLN said that there were a few altera-
tions yet to be made, but be hoped it would be printed to..
night. At any rate he was certain of having it to-morrow. .
Mr. SHAW congratulated the House on the unanimity
with which this Bill was received, and he could not refrain also
from congratulating this Nobly Friend on his great success
in this his first step on a very difficult subject. He thought
they had better not commit themselves to any principle, but
wait till it was printed.
Mr. WYSE wished to know whether there was any provi-
sion in the Bill for rendering the payment of the rent gradual.
He had known cases where the proprietor, residing in France,
had failed in receiving the rent front his immediate tenant, and
a distress and ejectment were immediately enforced against
the sub-tenants, and they were all irretrievably ruined.
The Earl of LINCOLN said that, by the advice of an emi-
nent lawyer connected with Ireland, the clause affecting the
payment of rent had been much modified.

- Sir R. FERGUSON thought that the Hon. Member for
Rochdale (Mr. Sharman Crawford) had gone too far in saying
that the object of this Bill should be retrospective.
Mr. P. SCROPE differed from the last Member, for unless
the Bill were retrospective in its effect much of the evil which
was suffered could not be remedied. Knowing what be did of
Ireland he was quite sure that both sides must be protected, and
that could not be unless the principle was adopted which the
Hon. Member for Rochdale had advocated, but he did not
wish to disturb the unanimity of the debate, and thanked the
Noble Lord for the introduction of the measure.

Leave was then given to bring in the Bills.
THE CASE OF MR. DONOVAN.

Sir H. W. BARRON rose to bring the petitien of John
Donovan, an officer dismissed from the Customs, before the
House, and to move for a Committee to inquire into the case.
He said the case was one of great hardship, as a meritorious
officer in the present case had been dismissed through repre-
sentations made to the officers of Customs, which he could
prove were altogether untrue. The Custom-house authori-
ties had been entirely imposed on. Mr. Donovan had been
in the service of the Custom-house for thirty years, and had
only on one occasion been charged with neglect of duty.
That circumstance, however, had nothing whatever to do with
the present case, as after the occasion on which this took
place he had been promoted. The Hon. ➢Member was pro-
ceeding to state the particulars, when
An HoN. MEMBER. moved that the House be counted.

The gallery was then cleared, and there being only thirty-
four Members present, the House adjourned at a Quarter to
Eight o'clock.

The Conuntttee of geKifiOtion knve feorallll464 fiare,l
Committees on Railway tiroups
. A Committee consistin,T of —Mr. Escott (Chairman), Mr.LEash-
leigh, Mr. Leader,- Ron." 11:7'.F. Berkeley, anti Mr. Gor'ng, to whofn
they )rave referred the c omprised in Group No. 45 of Railway
:
Lancaster'and,Carlisle Exten:don to the Caledonian Railway, ant
• Lam:aster and Freston Jun c.lon Amalgamation,
Cocker:loath and Workington rxreasion,
Furness..ftensions,.. . '
IVhiteliaven and Furness Junction,
.
Caledonian r —uTh—sle Bei-1770:
The. Select Conirmitte• to meet on •Alonday„Ttine 22, at one.
A Committee consisting of--Mr. E. Bailer (Chairman), Mr. piplie,
Mr. Plumptre, lion. R. Gore, and Mr, Collins, to whom- they hate
referred the Bills cornprised in Group No. 59 of-Railway Bills,
Huddersfield and Sheffield, and Manchester and Leeds,
Liverpoo/ and Buiy, and Manchester and Leeds,
Manchester and Boltoa, and Bury Canal and Railway, and Man.-
Chester and'Leeds,
M-anchester and-Leeds, and Leeds and Bradford,
Manchester and Leeds Extensions,
Sheffield and Ashton and Manchester,
Blackburn an 1 1 reston.and East Lancashire Railways Amalgamation
Commeoni
stisterei
nt
go ion
feltsornr, 11T1
.o nEdgaeyr,toJnu n(ec
iaLoinoe: r
Lancaz ter and Pzeiiti/i Juncti a.
e
AThecoSienlinieetttee
P.
Egerton, Mr. Wrightson, Mr. Broadwood, and Mr.Fonnan, to Whom
they have referred the Bills comprised in Group No. 63 of Railway
Bills, viz. :
Midland Great Western (Liffey Branch and Longford Deviation).
The Select Committee to meet on Thursday, Jane 25, at one.

EIGHTEENTH REPORT FROM
THE SELECT COMMITTEE ON RAILWAY
BILLS CLASSIFICATION.
The Select Committee appointed for the Claselfication of Railway
Bills, according to the Resolutions adopted by the Rouse, have
further considered the several matters referred to them, and agreed
t' the following report :
Your Committee recommend that the Liverpool and Bury Branches
Railway be transferred from Group No. 41 to Group No. 42.

MEW WOAlt BY DA, CICLT.
liow ready at all the Libraries, in 3 vole.,
A 0 N.
BY THE AUTHOR OF " SALATHIEL."
" A vigoretts tale, full of touching and terrible incident."—Lite-
rary Gazette.
" A work of appalling power."—Naval and Military Gazette.
" In this admirable work we have the masterpiece of one of the
master spirits of the age. In no work will be found a more splendid
gallery of distinguished characters, or one so gloriously, yet faith-
fully painted."—Cheltenham Examiner.
Henry Colburn. Publisher, 13, Great Marlborough-street.

M

MRS. GORE'S NEW NOVEL.
Now ready at all the Libraries, in 3 volt,
THE DEBUTANTE,
or, THE LONDON SEASON.

By MRS. GORE,
Author of " Mothers and Daughters," " The Dowager," " Peers
and Parvenus," &c.
Richard Bentley, New Burlington-street.

RAILWAY SHARES BY PUBLIC SALE.
lIIESSRO S.,
RaLilwAv.sl2 ND,
are AuctionSeeMmAilt
thank
their
riende and the Public for their continued support and patronage,
and to announce that their Public Sales of Railway Shares, &c.,
take place every Timmer and FRIDAY, at One o'clock, at the
flail of Commerce, Threadneedle-street, London, to which place,
favours, containing instructions (with a reference), are respecthilli
requested to he addressed.

Al! Scrip and Share Certificates must be deposited, at least
one day previously to their being offered ; and advices of results
will be forwarded by the first post jafter the sale, and the proceeds
Immediately disposed of according to instructions.
Oillces, flail of Commerce, Threadneedle-street. London.

HER MAJESTY'S THEATRE.
The Nobility, Patrons to the Opera, and the Public, are respect-
fully informed that an EXTRA NIGHT will take place on
THURSDAY NEXT, JUNE IS,
When will be performed Bellini's celebrated Opera, entitled
I PURITANI.
Elvira, Madame Grist ; Giorgio, Signor Lablache ; Arturo, Signor
Mario ; Riccardo, Signor Fornasari.
With other Entertainments, in which Madame Castellan will
appear.
To conclude with an entirely new Grand Oriental Ballet, by M.
Perrot ; the Music composed and partly selected from Felicien
David's „ Ode symphonique of the Desert," by Sig. Pugni, entitled,
LALLA ROOKH • or. THE ROSE OF LAHORE.
The principal parts sustained by Mdlle. Cerito, Mdlle. L. Taglioni,
M. St. Leon, and 31. Perrot. Principal Dances : Tableau.—Pas
Symbolique, by Mdlle. Cerito, supported by Mdlles. Demelisse,
Cassan, James, and Honore, and the corps de ballet. Tableau.—Le
Chebouck, Pas Seul, by Mdlle. Cerito. Last Tableau.—Feast of
Roses, Pas de Corbeils, by Mdlles. L'Amoreux and Julien, and the
corps de ballet ; Pas de Neuf, by Mdlles. Cerito, L. Tag lioni and M.
M. supported by Mdlles.Demelisse,Cassan,James,L'A moreux,
Julien, and Honore.

Appiication.s for boxes, stalls, and tickets to be made at tho box
office, Opera Colonnade. Doors open at Seven, the Opera to com-
mence at half-past Seven o'clock.

HER MAJESTY'S THEATRE.
TO-MORROW EVENING
Will be performed (for the first time this season), Donizettl's Opera,
entitled,
LUCIA DI LA MMERMOOR,
Lucia, Mdlle. Castellan ; Edgardo, Signor Fornasari ; Bedebent,
Signor F. Lablache : Enrico, Signor Mario.
To conclude with the new Grand Oriental Ballet, entitled
LALLA ROOKII; or, THE ROSE OF LAHORE.