The Sun.
London, England, 1870-04-02 00:00:00

IRISH LAND BILL.

The house then went into committee on the bill.
On clause 2 being preposed,
Mr. GLADSTONE moved the insertion of the following
words :—lf, in the case of any holding not situate within
the province of Ulster, it shall appear that an usage
prevails which in all essential particulars corresponds
with the Ulster tenant right custom, it shall, in like
manner, and subject to the like conditions, be deemed
legal, and shall be enforced in manner provided by this
Act.
The amendment was agreed to, and then it was proposed
to omit the, remaining portion of the clause, with the ex-
ception of the above.
Mr. GLADSTONE said he was now desirable as the
house had settled the 'Matter relative to the Ulster
custom, there were other customs where compensation was
given between the incoming and outgoing tenant, apart
from the arrangement with the landlord, and as that was
provided for in another clause, it would complicate the
discussion of the third clause if it was taken before they
arrived at the proper clause.
Mr. HARDY thought it would be well to leave out the
rest of the clause, as proposed.
Mr. C. FORTESCUE said it would be well to omit the
remainder of the second clause, as proposed, the
Government undertaking to bring up words at the end of
the discussion in committee to deal with customs which
existed in other parts of Ireland equivalent to the Ulster

custom.
A rather confused discussion ensued, during which Mr.
GLADSTONE said he should not object to the omission of
the entire clause, provided it was understood that the
words they had just inserted were taken as agreed to
when the remainder of the clause was brought up.
Mr. B. OSBORNE said, if they were to agree to the
zlause as -drawn up, it would result in throwing the South
1 Ireland into one great law-suit. In Tipperary, Kerry,
mid Kilkenny there were customs that did not at all
correspond with the Ulster right. As far as he could
understand, although it had been said that the matter
with respect to the Ulster custom has been settled, that
custom had not yet been defined. In the South of Ireland
the right did not exist, and one of the results of the clause
would be to make the whole of the landlords in this part
of the country go to law. He warned the House against
confounding the usage of the south with the Ulster ens_
torn ; if they did, it could only be regarded as sending a
great present to Ireland for the benefit of the lawyers.
(Hear, hear.) He did not think the clause had been
drawn up by the Solicitor-General, as it did not bear his
style about it. (Laughter.) On the contrary, it appeared
to him (Mr. Osborne) as if it had been drawn up by some
gentleman not conversant with the law—(laughter)—and
in a hurry. (Loud laughter.)
Mr. GLADSTONE, in reply to Mr. B. Samuelson, said
that the Government proposed a simple substitute for
Clause 10, that where terms had been made with the
implied or expressed consent of the landlord, it would be
by making ten important alterations in Clause 6. At
present that clause was limited to the case of a tenant not
entitled to compensation under Sections 1 and 2 of the bill,
ar either of such sections, and not entitled, or if entitled,
aot having obtained compensation under Section 3rd.
therefore it was limited to those tenants who must have
had claims under one of the three first clauses, that was
to say there were those who came under the Ulster
customs, or those disturbed by the act of the landlord.
that clause was only applied to certain portions of the
tenantry of Ireland. But it was proposed to include
ill the tenantry of the country on their going
on a farm; so that any man who had paid money to pre-
vious 'tenants, with the consent of his landlord, would be
able on retiring voluntarily from a farm to obtain corn.
pensation in respect of it. In fact, to speak popularly
and briefly, it would be to snake the 6th clause embrace
all • the tenantry of Ireland. That would be one
change. The other principal change required
would be that as the clause now stood it was limited to the
cases where the tenant himself, after taking, had paid
money with the consent of hislandlord, it would be neces.d.
sary to extend that to the tenant or predecessor
after some
s entitle
The clause, as amended, was negatived
further discussion.
The Committee proceeded to consider Clause 3, which
relates to compensation in the absence of custom.
Mr. DOWNING proposed an amendment, with the view
of securing a minimum in the scale of compensation.
Mr. FORTESCUE thought the courts might safely be
left to decide the matter. It would be impossible to lay
down with sufficient accuracy, the conditions which would
enable them to supply a minimum compensation.
The amendment was withdrawn.
Mr. SIIAW moved an amendment on page 2, line 20,
after "tenancy " insert " existing at the time of, or."
In the course of the discussion,
Mr. GLADSTONE said that as regarded prospective
tenancies in Ireland there was no doubt as to the intention
of the Act. They begun by recognising the need of the
Irish tenant to protection in cases of eviction, which they
gave him in the shape of damages for eviction.
That holding would, no doubt, be a tenancy from year to
year, and therefore prima facie they must protect the
tenant from year to year, but did not protect the tenant,
who had a lease. They must evidently determine by the
Act what kind of lease was to save a tenant from a claim
for damages. The purpose which the Government had in
view was not to give perpetuity, but stability of
tenure. They thought that stability of tenure
was received by a lease under certain conditions,
if it be, granted for a term of not less than 31 years.
The amendment was agreed to.
Lord ELCIIO complained that the amendments of the
solicitor-General, which was not put upon the paper, had
precedence of those amendments which had been printed
by hon. members.
Ur. WillArsiihn P401.91./4 A 41.11.59 3 l_i_ao.ligie_a_lo