The Sun.
London, England, 1860-07-19 00:00:00

[LEFT SPEARTNO.I

HOUSE OF COMMONS.—(THIs DAY.)
The SPEAKER was in attendance at 12 o'clock, but. the
sufficient number of members not being present, no busi-
ness was transacted before half-past 12 o'clock.

PRIVATE BUSINESS.
The Lords' amendments to th,?, following bills were crab-
sidered and agreed to :—Bradford, Wakefield, and Leeds
Railway; Great Northern and Metropolitan Junction
Railway; Land Loan and Improvement Company; and
Scottish. Drainage and Improvement Company.
The Monkland Railway Bill was read a third time, and
Lord De Freyne's Estate Bill a second time.

GALWAY lIA.RBOUR (No. 2) BILL.
On the motion of Mr. C. FORSTER, the following
motion was agreed to :—" That standing orders Nos. 199
and 20; be suspended in the case of the Galway Harbour•
(No. 2) bill, and that the bill be read a second time to—

morrow.
LANDLORD AND TENANT (IRELAND) BILL.
. .

The house went into committee on this bill, which was
introduced by the Attorney-General for Ireland.
On clause 1,
Mr. M'MAHON moved that the chairman do leave the
chair. This was a bill which was entirely for the benefit
of the landlord, as far as it could be gathered from a careful
study of its provisions, for the Government had re t stated
what its real objects were. He thought before they pro-
ceeded further in the consideration of the bill that it should
be reprinted. The bill contained 106 sections and repealed
57 acts of Parliament, while it changed altogether the re-
lation between landlord and tenant. Every one who
wished well to Ireland must desire that the laws of Eng-
land should be extended to that country, but this bill had
the contrary effect, for instead of the usual contract be-
tween the landlord and tenant in regard to land., it substi-
tuted a parliamentary contract. By the 31st section
it was provided that any tenant having less than a
perpetual interest in the land was prohibited. 'from cutting
down trees, and for cutting a hedge, or ever, a gooseberry
bush, he was subject to a penalty of £5. The hon. and
learned member here quoted the authority eff some practical
writers on this subject, to show the injurious objection of
this provision. It was further provided by the bill that if a
tenant violated his covenant in regard to cropping, accord-
ing to his landlord's view, ho might be taken before a jus-
tice of peace and sentenced to three months' imprisonment.
Certainly there was an appeal to the courts of law, but in the
meantime he might be undergoing imprisonment, and the
justice of the peace was subject to no penalty under the
act for anything ha did, however unjust it might subse-
quently demonstrated to have been. What he asked was that
the landlord and tenant should n t be interfered with, or if
the legislature did meddle with them, at least it should be
for giving Ireland the same law as prevailed in this country.
Again, with regard to eviction, the powers given to land-
lords were very arbitrary, for it enabled him to eject a
tenant in opposition to an expressed or modified contract, in
the ease of the land being overheld. The hon. and learned
gentleman contended that in regard to distressing a tenant
the law was also most unfair in the power it gave the land-
lord, and read some of the acts which the bill proposed to
repeal without any substitution. He concluded by appeal-
ing to the house not to proceed with the bill at this ad-
vanced period of the session, when there was such a thin
attendance, and when they had no chance of passing it
through the House of Lords.
Mr. WHITESIDE seconded the amendment, and con-
tended that the bill was a failure as it did not deal with the
law of fixture and distress. In the bill which he had in-
troduced on this subject provisions were made in reference
to these points, and he recommended to the Attorney-Ge-
neral for Ireland to postpone any measure on this subject
until next session.
After a few words from Mr. COOPER,
Mr. DEASY said he did not think the conduct of the
hon. andlearned member for,Wexford (Mr. M'Mahon) was
fair to him or to the house, considering that the bills had
been". discussed and the principle affirmed on the second
reading. The hon. and learned member was not present on
that occasion, and it was unjust to re-open subjects TI hich
had already been decided; and with reference to his state-
ment, as to no explanation having been offered by Govern-
ment, he reminded the house that on the occasion of the
second reading he explained the main provisions af the
measure, though he thought it unnecessary to enter into
details as the bill had virtually been before the house for
the last four or five years. It would have been fairer to him
(Mr. Deasy) if the hon. and learned member had given him
notice of amendments to any particular clauses, and en the
second reading of the bill, he invited the co-operati on of
legal gentlemen and the criticism of the house ;
his only object was to pass a bill that
would improve the law between landlord and tasnant.
He deniel that the bill was unjust to the tenant
because it provided for facilitating the law in the ad orce-
ment of contracts between landlord and tenent. Not hing
was so injurious to the tenant as the existing state of the
law, as it afforded temptations to litigation, and induced
him to expend his money in law instead of on improving
the land or paying his rent. He adverted to two. cases
illustrating his opinion, which had recently come under his
experience. When the clauses came before the cot nmittee
he would be prepared to rec nsider, amend, or expunge if
it was shown to him to be desirable. (Hear, hear.) The
bill was some time before the house. It was brought in im-
mediately after his resolution, and read a second time on
the 15th May. Notwithstanding that he had invited the
assistance and suggestions of his legal friends in Ireland as
well as those interested in the land, there was no objection
made to him against the bill, but on the contrary he
had received from both classes strong expressions of ap-
proval of its provisions, and requests urging him to press
it forward this session. He did not consider the provisions
of the bill of the right hon. gentleman (Mr. Whiteside) cal-
culated to simplify the law, and they were likely to tend to
litigation, which was the reason why he did not introduce
them into his bill.
Mr. LEFROY considered that the objections of the hon.
member (Mr. M'Mahon) were unreasonable, but at the
same time he thought any legislation between landlord and
tenant dangerous.
Mr. CARD WELL said that the real question was, whe-
ther they should consolidate the law between landlord and
tenant, and his hon. and learned friend (Mr. Deasy) had
taken great pains in effecting that consolidation. He (Mr.
Cardwell) would not take en himself the responsibility of
delaying this bill, which must rest with the committee.
He appealed to the house to proceed with the, discussion
of the clauses of the bill without further delay.
After some discussion,
The O'DONOGHUE complained that the explanation
given by the Attorney-General for Ireland was brief and
unsatisfactory, and he had received communications from
some of his constituents objecting to the bill..
The house divided on the motion that, the Chairman
leave the chair-
-8
Ayes
Noes ........................
Majority ................ . ... —BO
ch re!tri
The amendment was accordingly negatived.
Clauses 1 to 30 inclusive were agreed to.
On clause
on theirlanctedd the right of tenants to
cropvingor 31,cut w on
Mr. M‘MAHON suggested that osiers, willows, and
salleys should be excepted from the provision
mr. DEASY said that if the statutable rights of the
tenants were not protected by the clause, he would, on the
of the report, make an amendme at for the pur-
amendment was negatived, and 'ate clause, with
tenants these rights.
feuseprving to
someverbal alterations, was agreed to.
oro
Trsnehhegoee clauses to 35 were adopted.i
vfn
On the latter clause,
Mr. P. -URQUHART proposed its emission, and the
house divided—
For the clause . a B9
Against
Majority ••••
On clause 36, some discussion ats use, which was inter-
rupted at 10 minutes to 4.
REFRESHMENT HOUSES ANI ) WINE LICENSES
(IRELAND) BY LLL.
This bill was referred to the as .me committee, and the
Chairman reported progress, and ene house resumed.
NEW MEURER,.
Lard HAMILTON took the oatt'as and ' his seat fog
Donegal.
The sitting was suspended at 4 o'clock.

The house resumed at 6 o'clock, and was.
ELIFT BITTING. I