The Sun.
London, England, 1846-06-13 00:00:00

c.,§1011170

LONDON, SATURDAY, JUNE 13, 1846.

We yesterday traced the proceedings to be taken, in
order to make the compulsory improvements a charge
upon the inheritance of the lands, which they become
when registered with the clerk of the peace ; the
(
amount is limited to three years value of the land.
The next important part of the proposed measure is
the manner of arranging the compensation for such
improvements, to be paid to the outgoing tenant. In
this respect we think that the method contemplated
by the Bill is a considerable improvement on that sug-
gested by the Commissioners. They recommended
that if the tenant should be ejected, or his rent raised,
within thirty years, the landlord should be bound to
pay such a sum, not exceeding the maximum fixed, as
the work should then be valued at ; in other words, the
whole cost of the improvements as registered with
the clerk of the peace, making allowance for the
diminution in value by the lapse of time. The prin-
cipal objection to this method would be, that it would
create a fertile source of dissension and litigation
between the landlord and out-going tenant.
Few would be prepared to agree on the
present value of improvements which had been
effected perhaps twenty years before, and in
the great majority of cases recourse would be
had to law for the purpose of deciding that value, and
the feelings of both parties would be mutually em-
bittered. The Bill, on the other band, greatly
simplifies this ; there can be no dispute as to the
sum payable ; it takes the fair average of the
wear and tear of the improvements, and it ap-
portions the sum payable to the tenant accord-
ing to the time during which he has himself
I been in the actual enjoyment thereof. Thus, if
removed during the first seven years, he shall receive
the entire sum he has expended; if at the end of four-
teen years, three-quarters; at the end of twenty-one
years one-half, and at the end of 28 years one-
quarter. A further option is afforded to the landlord
with the view of inducing him to continue the tenant
in the occupation of the land, viz., that where the
period of the tenancy had expired antecedently to
the twenty-eightyears, and the landlord chose to con-
tinue him in possession until the expiration of the whole
twenty-eight years, the tenant should not be entitled
to any compensation. This is fair enough as afford-
ing a premium to the landlord not to disturb the pre-
sent occupant ; we, however, sincerely trust that long
before such a provision could come into operation,
the extension of the Ulster tenant right to the whole
of Ireland will have taken away the utility of such a
provision. The next point is one which will too
frequently be required in Ireland, arising from the
injurious system of middlemen. It is that when the
immediate landlord, who paid the tenant for the im-
provements, had himself but a terminable interest in
the lands, he should be repaid the sum advanced by
him by those who succeed him in the estate. This is
but equitable and just, and a carrying out of the prin-
ciple on which the measure is founded, viz , that
those benefiting by the improvements should
be bound to pay therefor, and should not be
exposed to the temptation of seeking to evict their
tenants for the mere purpose of enjoying the im-
provements effected by them. The only remaining
provision is, that on the completion of the works by
mutual consent, the landlord should be at liberty to
pay the tenant the whole cost of the improvements,
and thereupon to obtain the allowance provided by
the Bill on the outlay. We think that this might
with great advantage be extended, and that the
landlord should at any time be at liberty to pay
the tenant the amount expended by him. It has
been considered on all sides most desirable that,
if practicable, the improvements should be effected
at the cost of the landlord, who, in the increased
value of his estate, and its freedom from change or
incumbrance of any kind, would find the most bene-
ficial result of his expenditure, while the entire capital
of the tenant would be devoted with the greatest utility
to its proper and legitimate object—the due and
proper stocking and cultivation of his farm. Such
is the first of the three measures introduced
for the improvement of the relationship of landlord
and tenant, and we do think that, in the words of
Lord DEVON'S report, no single measure can be better
calculated to allay discontent and to promote sub-
stantial improvement throughout the country. Its
principal defects may be easily remedied in Corn-
mittee, Its benefits will, however, be principally
for the future generation. 'Unfortunately, there is
no compensation afforded to tenants for improvements
already effected. We had hoped that there would no
longer be a possibility of the recurrence of such a scene
at that which was recently enacted at Bird-hill, where a
tenant, who had within a few years expended his
entire capital in permanent and valuable improve-
ments, by which the value of his holding was ma-
terially increased, was driven out with his family on
the wide world to destitution and ruin, without one

farthing's allowance for his large outlay, which

amounted to at least six times the rent in ariear. We
cannot see any difficulty which there would be in
giving full effect to such a provision. Arbitrators
might be appointed in a similar manner to that

provided by the Bill, and they might adjudicate not

merely on the propriety of the improvements which
had taken place, but on the cost actually incurred
and the time when it was expended. The provisions

of the Bill might then be extended thereto, and a vasi
boon would thus be conferred on a large portion a
the tenant-farmers of Ireland, and an immediate be-
nefit to the country. The friends of the Irish farmer

and:they are numerous and intelligent in the House, wil
_ _ _

doubtless, seek to insert a provision with such an

01of
eobjectatatahye
spoken theproperlttw
\
of less consequence than that of which we have
The
twsittiulli:tiall effect a material improve-
ment.report.moßs ill for the improvement
eject-
ment. This appear respect
The
he tntotaikrde rightli
entirely
r feosousfn
dadenidsdt
roanei eject
This appea almost entirely founded i the
Commissioners'
growing crops is altogether
rid of a most vexatious Power, and
likely to be abused. The
virtue ofPT:thois
tenant of the amount claimed,, and
the distress only to be made by gets
,noatnieed one very
the
wairtting
or order to distrain in writing, signed by the it
land-
lord or his agent, will be most valuable. The first
shows the tenant exactly the demand which he is
called on to liquidate, and the second takes the power
from a class of all others the last to li hich it could
properly be entrusted. We mean the bailiffs and
drivers, who were frequently guilty of the greatest
cruelty and oppression, in order to impress their em-
ployers with an idea of their own activity. It is
fitting that the responsibility attached to sw h a pro-
ceeding should be cast on the proper party, the

[andlord or his agent.

There is, unfortunately, no clause carrying out the
recommendation of the Commissioners, " that the

occupying tenant, under a middleman or mesne land-

lord: should be protected by statute from the danger

of a double process of distress, to which he is at pre-
sent exposed." It appears that Lord LINCOLN wished
to have a provision on this subject introduced, but

that it had been struck out under the advice of

an eminent lawyer connected with Ireland : his Lord-
ship promises to be prepared with the grounds for
this course against the next disctission. We doubt if