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by an excellent farmer, two of whose that notice would practically be a year.

were holding larger farms than the clause provided that nothing in their father, who had himself begun life the section shall extend to a case where as a parish apprentice.

the tenant is adjudged bankrupt; THE CHAIRMAN reminded the hon. he proposed the addition of the words Member that the Amendment before the “or where he fails to pay the rent when Committee had reference to the bank- due and demanded.” ruptcy of tenants.

MR. HUNT said, the subject had been MR. NEWDEGATE would merely well considered, but it was not thought add that the amalgamation of small right to adopt this Amendment. It apestates with large holdings was a great peared a rather difficult question. It evil, for not only did the medium-sized might be true that a tenant was not able and small holdings prevent the undue de- to pay his rent when due or demanded; population of the agricultural districts, but the custom was to allow him some the undue and unsafe diminution of the considerable time, and if this Amendagricultural population; but he had ob- ment were adopted the landlord might served when the feud between the farmers take advantage by demanding the rent and the labourers arose that it had been on the very day, and then and there give far more aggravated in the counties notice. where the large tenancies prevailed than MR. WILBRAHAM EGERTON said, in the counties where there were a greater he had placed an Amendment on the number of small holdings. He trusted, Paper which he thought was preferable. therefore, that the Committee would con- He thought that in cases where a tenant sider the question of notice to quit as it had not sufficient capital to carry on his affected the disposition of landlords to farm, it was desirable, both for him and give credit to their tenants; credit upon the landlord, that the tenancy should which the continuance of small holdings determine, and he proposed to add, after in great measure depended.

the word “bankrupt," the following MR. DODDS failed to find in the words : Amendment anything to justify the “Or is in arrear of his rent, or where on apprehension of the hon. Member for the death of the tenant the holding is in possesNorth Warwickshire ; but even if there sion of his executors or administrators.” was it would only form an additional MR. STORER hoped the Committee reason for his supporting it, because, in would entertain the Amendment. his view, the time must come when the MR. HUNT said, that it differed from law of distress would be abolished. As that of the hon. Baronet the Member for the words were not in the Bill when it North Wilts, and suggested that his was introduced into the other House, he Amendment should be withdrawn. trusted the Government would consent

SIR GEORGE JENKINSON objected to their omission.

to “ six months." He would, however, MR. MELDON could not avoid feeling adopt " five months,” or “ four months,” that the words to which he took


or any period within “six months,” tion were introduced into the clause in a otherwise, practically, they would give a misconception of the law of bankruptcy, two years' notice. He would withdraw and hoped that the hon. and learned his Amendment on the understanding Attorney General would re-consider the that the Government would entertain the matter before he supported the rejection Amendment of his hon. Friend the Memof the Amendment.

ber for Mid-Cheshire. MR. DODSON approved of the clause, Amendment, by leave, withdrawn. as it could be of no advantage to any person in the country that land shoulă MR. RODWELL thought it desirable be out of cultivation for two years.

that some provision should be made to

meet the case of the holders of glebe Amendment negatived.

lands, and proposed to add, in page 12, SIR GEORGE JENKINSON said, he line 14, after the word "bankrupt”had an Amendment to propose to which “ That in all cases of agricultural holdings he trusted the Government would assent. under incumbents of ecclesiastical benefices, the The Committee had last night practically occupier shall be entitled, on the death or redecided on giving a tenant a year's twelve months from the 'expiration of the current notice, and under the Lady Day tenancy year of his tenancy, and that any agreement re

Mr. Newdegate

lating thereto shall continue in force for that case of a year's notice as it had been period subject to the provisions of this Act.” when six months' notice was sufficient;

THE ATTORNEY GENERAL said, and he put it to the Government that it he fully admitted that the subject was was inexpedient when they were giving one, which, at a convenient time, should this boon to the tenant, that they should be taken into consideration; but he clog it with conditions which would so thought it could not be dealt with in the much diminish its value. present Bill.

MR. BEACH believed, if some such SIR THOMAS ACLAND said, that if words were not accepted, a landlord there was one thing that farmers wanted, would only have power to get rid of a it was this—that they should not be sub-tenant in arrear by pressing him so far jected to arrangements to which they as to make him a bankrupt. were not parties. They might suddenly MR. MUNTZ supported the Amendreceive notice to quit, or find something ment. If a tenant farmer could not pay more demanded than they expected, and his rent in six months he was not in a if they did not pay it, they might be position to become a successful agriworried out of their lives.

culturist. Amendment, by leave, withdrawn.

MR. HENLEY said, that he had been

a landowner for 58 years, and had always On the Motion of Mr. RYDER, Amend- let his land on 12 months' notice. He ment made, in page 12, line 14, after had never found any inconvenience of “ bankrupt," by inserting “or has the kind suggested. He was a hearty filed a petition for a composition or supporter of the 12 months' notice, and arrangement with his creditors."

did not think these Amendments and exMR. WILBRAHAM EGERTON

ceptions were at all needed.

proposed to insert the words “or is for six

MR. GREGORY said, that all leases months arrear of his rent."

contained a provision for re-entry in case

of non-payment of rent, and he did not Amendment proposed, at the end of think that the clause altered the relathe Clause, to add the words “ or is fortion between landlord and tenant in case six months in arrear of his rent.”—(Mr. of non-payment of rent. An AmendWilbraham Egerton.)

ment like that proposed might throw Question proposed, “That those words some doubt on the powers of the landlord. be there added.'

MR. GOLDSMID would support the

Amendment in the interest of the tenant, SIR GEORGE JENKINSON made a as it would enable him, if he desired, to suggestion to amend the Amendment by leave on an earlier day. substituting the word “five” for “ six. MR. MELDON was also of opinion

MR. KNATCHBULL - HUGESSEN that the Amendment would benefit the hoped the Government would not accept tenant and by no means injure the those words. As to the second part of landlord; but it was calculated to create the Amendment, it had been urged that an unpleasant feeling, and he should it might be a great hardship upon a oppose it. widow to be unable to leave a farm for THE ATTORNEY GENERAL said, a long period after her husband's death. the simple effect of the clause was to proHe thought such cases were little likely vide that wherever, according to the to occur, and that it would be a much present law, half-a-year's notice was greater hardship upon a widow to have given, for the future a year's notice was to leave a farm at a time when it might to be given, all other circumstances rebe greatly to her advantage and interest maining the same, except only in certo stay longer. As to the first part, tain cases. By the Amendment now the landlord had his ordinary security under consideration, it was proposed to for his rent, which would be equally safe except from the operation of the clause under a six or a 12 months' notice. tenants who were six months in arrear The giving of the latter in the Bill was a with their rents. But he thought a case boon to the tenant; but now the moment of that sort would be fully met by the hon. Gentlemen opposite had given this existing law. boon, they began to fence it round and SIR WILLIAM HARCOURT hoped clog it with restrictions and limitations. the Government would adhere to the The law should remain the same in the clause. He did not understand hon, Members voting for a year's notice and end thereof the words“ the same having then trying to nibble it down.

been duly demanded.”—(Mr. Attorney MR. ASSHETON said, there was General.) usually a clause in an agreement giving Question proposed, “That those words a landlord a right of entry in case of be there added.” arrears, and this Amendment would be only equivalent to that arrangement.

Amendment to the proposed AmendŠIR GEORGE JENKINSON said, the ment, as amended, withdrawn. Amendment would give a power, but Amendment, as amended, amended, would not compel the landlord to exer- by adding at the end thereof the words cise it.

“the same having been lawfully deMR. DODSON contended that the manded.”—(Mr. Attorney General.) Amendment was totally different from the case of a bankrupt. It was not in

MR. HERSCHELL said, there must any way in favour of the tenant, and also be a period allowed after the dewas not at all necessary for the protec- mand in which to pay the rent before tion of the landlord.

the notice could be given. MR. HUNT said, if the landlord MR. DODDS suggested the addition could not get rid of a tenant in arrears after the words “or is for five months in except by giving a year's notice, he arrear of his rent," of the words, the might be compelled to drive the tenant same having been lawfully demanded in into bankruptcy; but, if he could give writing, and not paid within 14 days six months' notice, he might not have to after such demand." resort to so harsh a proceeding. He did

MR. DISRAELI accepted the Amendnot think the Amendment was entirely

ment. in favour of the landlord ; under some Amendment, as amended, further circumstances, in might be in favour amended, by adding at the end thereof of the tenant. The Government were the words “in writing and not paid anxious to hear what could be said on within fourteen days after such deboth sides; and, having done so, they mand."-(Mr. Dodds.) were prepared to accept the Amendment of the hon. Member for Mid-Cheshire.

Question put, MR. PELL held that the period should

“ That the words or is for five months in be less than six months, inasmuch as

arrear of his rent, the same having been lawfully if the rent were not paid at 12 o'clock teen days of such demand,' be added at the end

demanded in writing and not paid within four. on the day upon which it was due, a of the Clause." notice to quit at the end of the six

The Committee divided :-Ayes 138 ; months following could not be served Noes 79 : Majority 59. upon the tenant, who would in that case remain in possession for 12 months. On Question, “ That the Clause, as

LORD HENRY SCOTT thought there amended, stand part of the Bill ?” was great force in the consideration, and MR. G. MONCKTON said, that having for that reason he would move to sub- been always most strongly opposed to stitute the word “five” for “ six." the clause, he wished, before it passed,

to enter his protest against it, and

hoped, Amendment amended, by leaving out as he should not delay the Committee the word “six,” and inserting the word any further, that the Government would " five."-(Lord Henry Scott.)

kindly answer his inquiries on Question proposed, “ That the words 'or is for five months in arrear of his rent'|landlord and tenant agreed to adopt the

points. The first was, whether if a be added at the end of the Clause."

provisions of this Bill, they could do so Sir GEORGE JENKINSON pointed in all its clauses, with the exception of out that there ought to be a demand of Clause 43, inasmuch as the words “nethe rent before the notice could be given. cessary and sufficient” had led some THE ATTORNEY GENERAL


persons to imagine that this clause was posed to add to the Amendment the compulsory. He also trusted that the same having been duly demanded.” hon. and learned Attorney General would

before the Report study the words of the Amendment proposed to the proposed clause as it now read with the AmendAmendment, as amended, to add at the mentofthehon. Member for Mid-Cheshire

Şir William Harcourt

(Mr. W. Egerton), which the Committee MR. GOLDSMID said, this was very had just carried; and take care that by irregular, and it was entirely done in that Amendment the landlord had not the interests of the landlords. [“ No, in any way forfeited any rights he had no!”] He said yes, and he thought it under the law of distress and ejectment. most unfair.

THE ATTORNEY GENERAL said, MR. ROEBUCK said, they were giving it was quite competent for any landlord landlords a power under the Bill in reand tenant to adopt generally the pro- ference to the taking possession of the visions of the Bill, and, at the same time, land when they might require it; but, contract themselves out of the clause in his opinion, they should take care under consideration; that, in fact, it that the rights of the tenants were prowas not more compulsory than any of tected. the other clauses of the Bill. With re- MR. GOLDSMID thought they were gard to the other inquiry he would going too far in the manner of dealing look into the matter, and take care that with the rights of the tenants. the landlord's position with regard to MR. HUNT said, the difference was the law of distress and ejectment was made as to the time of giving the notice. not damaged by the clause.

At present, if the landlord wished to Question put, and agreed to.

obtain a small part of the farm in order

to give a labourer, or any other person, Resumption for Improvements. a piece of ground for a garden, he must Clause 44 (Resumption of possession give the tenant notice to quit the whole for cottages, &c.)

of the holding. This clause would enable MR. TENNANT moved an Amend him to give notice only for the portion

he wished to resume. ment, in page 12, lines 19 and 20, to alter the words “farm labourers' cot- Amendment (Mr. Goldsmid) negatived. tages" to "cottages or other houses,

Amendment (Mr. Hunt), as amended, that land might be taken for cottages agreed to. required by foresters, gardeners, &c. MR. GOLDSMID objected to the

MR. TENNANT moved an AmendAmendment, on the ground that land- ment, in page 12, line 23, proposing to lords might, at any time, take the land give power to the landlord to obtain required by the labourers for building possession of part of the land from the speculations.

tenant, on notice, for the purpose of Amendment agreed to.

sinking for coal, ironstone, limestone, or

other minerals. MR. HUNT moved an Amendment, in MR. GOLDSMID objected to the page 12, line 21, by substituting for the Amendment, the effect of which would words “of gardens for labourers," the

empower the landlord to take from the words “ for labourers of land for gar- tenant what might be the best part of dens."

his holding MR. DODDS said, if land was to be

MR. ROEBUCK said, the tenant allotted in this way, it was difficult to ought, in common justice, to have power say what purpose it might be applied to. to throw up his holding when he was He suggested that the word “gardens

deprived of land for these purposes. be struck out.

THE ATTORNEY GENERAL apMR. HUNT suggested the words or prehended that the tenant could give a for other purposes," in reference to the

counter-notice. requirements of labourers.

SIR WILLIAM HARCOURT said, he MR. DODDS wished for a definition would propose words in line 33 to give of the word “labourers.” He hoped effect to the suggestion of the hon. and the hon. and learned Attorney General learned Member for Sheffield. would give it.

Amendment agreed to. MR.GOLDSMID objected to the words "or for other purposes,

On the Motion of Mr. TENNANT, Clause moved to leave those words out.

further amended, by adding after MR. MELDON also objected to the quarry;" the words "clay, sand, or words “or for other purposes, and gravel pit, or the construction of any wished to know what they meant and works or buildings to be used in connecwhere they would end.

tion therewith.”


MR. TENNANT then proposed, at, tions of the Bill; but he thought Goline 26, after “the making of roads" to vernment should bear this in mind, and add "tramroad, siding, canal or basin, I give Notice in respect to its own Amendor any wharf, pier, or other works con- ments, so as to explain to the Committee nected therewith.'

the changes which they might effect. SIR WILLIAM HARCOURT re

Amendment, by leave, withdrawn. marked that the effect of these Amend

Clause, as amended, agreed to. ments was to extend the clause to speculations which had nothing to do with General Application of Act. agricultural operations.

Clause 45 (No restriction on contract). Mr. TENNANT replied that his pro

MR. KNATCHBULL - HUGESSEN posals were intended as much for the

said, he had now to propose what he protection of the tenant as the landlord, as they would prevent the former from thought would be one of the most imbeing turned off his farm when only a moved, and which would tend to make

portant Amendments which had been portion of it was required by the land- the Bill a reality and not a sham, as it lord. MR. DODDS said, the Amendments The clause, as it stood, said that,

had been irreverently called out-of-doors. gave landlords privileges which they did

“Nothing shall prevent a landlord and tenant, not possess at present. MR. ALGERNON EGERTON said, into and carrying into effect any such agreement

or intending landlord and tenant, from entering they would not alter the position of as they think fit, or shall interfere with the landlords in manufacturing districts; operation thereof;" and unless these Amendments had been and what he now asked the Committee proposed, he should have been obliged to do was to insert after the word to give notice to all the tenants on an "agreement” the words "securing to estate in Lancashire of which he was the tenant bond fide compensation for trustee.

his unexhausted improvements.” If SIR HARCOURT JOHNSTONE adopted, the Amendment would make stated that in many, if not most, existing the Bill a real and substantial measure, agreements there were powers of re- as it would give to the tenant farmer as entry for purposes analogous to these. a matter of right-secured to him by Amendment agreed to.

law-compensation in respect of the On the Motion of Mr. TENNANT, con- It raised, in short, the question whether

capital he had expended upon the land. sequential Amendments made.

the giving of proper compensation MR. DODDS proposed to amend the should not be a subject of compulsory, clause by giving the tenant the power, rather than of permissive legislation. within 28 days after receipt of a notice They were all agreed that compensation from the landlord of a resumption of a for unexhausted improvements ought to part of the holding, to serve him with be'; what, then, was the objection to notice to give up the holding of it. saying that it must be awarded ? He

THE ATTORNEY GENERAL said,(Mr. Knatchbull-Hugessen) had done it was not intended to deprive the tenant his best throughout the discussions to of the right to give notice to the land- make the Bill more acceptable to the lord. He would promise to look to the tenant farmers of England. Nearly all matter, and hoped that on that assurance his Amendments in this direction had the hon. Gentleman would withdraw his been opposed by the Government, Amendment. It was almost impossible although some of them had found supat a moment's notice to ascertain how an port in the votes—and still more in the Amendment of this kind might affect speeches of Members on'the Government other parts of the measure, and therefore side. He would forgive them all their it was that he wished to have an oppor- opposition, if they would only give tunity of considering the point raised by favourable consideration to this Amendthe hon. Member.

ment. Now, what had the House done? MR. DODSON quite agreed with the They had declared that the tenant hon. and learned Attorney General in farmers ought to have by right somerespect to the difficulty of ascertaining thing which the law did not give themhow an Amendment, of which no Notice namely, compensation for unexhausted had been given, might affect other por- improvements. They had, moreover, care

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