worthy like that of the North, in similar terms and in the like manner; that is, that wherever it exists, it shall attach to estates subject to it, according to its actual status; but it provides that claims in respect of arrears, of waste, and for breach of agreement, shall be a charge on the tenant-right as they now are under the custom of Ulster; and it exposes the tenant-right to forfeiture, in the event of unlicensed subdivision, except for the use of agricultural labourers, introducing here a condition necessary for the safety of landed property in Ireland. This is undoubtedly the meaning of the Bill, though its language is not happy or precise; and the effect will be that the tenant of the South, in cases where he has a claim to it, will possess his right in the same way, and with the same security, as his northern fellow, subject only to the terms imposed by the measure on him in the general interest As, however, the tenantright of the South is often of comparatively little value, and incapable of satisfactory proof, the Bill provides that it may be commuted by the concession of a lease for thirty-one years, carrying with it a right to compensation in respect of improvements of a large kind; this being considered an equivalent for the tenant-right in ordinary cases and an alternative suitable to the tenant. If, therefore, the tenant takes the benefit of the terms offered him in this way, he will hold his lands for the period indicated, and his right will be considered exhausted.

The third class of occupiers referred to, comprises, with certain specified exceptions, the whole mass of tenants in Ireland who have not the tenant-right either of the North or the South, irrespective also of the quality of their tenure. The principle of the Bill as to this immense body is to legalise to the fullest extent, regard being had to existing contracts, the equities in the soil which they may possess or acquire in respect of improvements or otherwise; to set these apart for their exclusive benefit whenever a necessity shall arise; to add besides a kind of variable tenant-right, under certain conditions, in all cases in which justice shall allow this charge, in order to defend the tenant's possession; and yet to detract as little as possible from the rights of property in making these changes. For this purpose, the Bill' reverses that most unrighteous presumption of law that whatever is added to land belongs to the owner; and, within a period of limitation, certainly vast, it makes all improvements the property of the tenant, whether made already or to be made, until proof be adduced to the contrary. It gives him also certain other advantages in respect of away going crops, and of sums paid on obtaining possession, and it enables him to make title to all these claims, of what nature or kind soever, through predecessors of every description. The rights given in this way to the occupier

(1) Sect. 5.

(2) Sect. 7.

(3) Sect. f.

are immense, and practically almost alter his status; and the only exceptions to these sweeping provisions arise in cases-to speak broadly-in which improvements, with some restrictions, are or have been prohibited by the landlord, or may be paid or allowed for by him, or belong to him by antecedent contract, with a proviso that a lease for thirty-one years shall bar claims to some minor kinds of improvements, and that all such claims shall be liable to deductions on the part of the landlord in respect of arrears, of waste, or of breach of agreement. Considerable, however, as are the advantages conferred on the occupier by these means, they will affect his superior in a much less degree than would be supposed at first sight; for, so to speak, they will not vest in possession, no claims in respect of them will arise, until the tenant shall voluntarily leave his holding: even in that case they will not charge his landlord3 if he obtains permission to dispose of the land, after the analogy afforded by the Ulster custom; and, accordingly, they will fall easily on property in the great majority of instances, while they will assure an ample boon to the farmer. Nevertheless the Bill does not stop at this point in affording protection to the Irish tenant. In the case of all future tenancies whatever, and of all existing tenancies at will, it engrafts on the tenure a kind of tenant-right, ranging at maximum sums from seven to two years' rent, the scale decreasing with the value of the farm; and it makes this the property of the tenant, an interest akin to that under the Ulster custom. This interest, however, is not to be realised unless the landlord "disturb" the tenant; in that event it is to be paid as a penalty on eviction and a compensation for it. This statutable tenant-right is rendered subject to the regulations already referred to, as regards the tenant-right of the South; that is, it is made liable to certain deductions on the part of the landlord, it is capable of forfeiture on unlicensed subdivision, and a thirty-one years' lease will exhaust it upon the terms before maintained. Existing leaseholds are alone exempted from this new and potential charge, perhaps the boldest innovation in the Bill; as to these it obviously would be unjust completely to alter the nature of the contract.

It will be observed that, speaking generally, and with exceptions to be presently noticed, this scheme of remedial change embraces the whole body of occupiers in Ireland, without regard to the nature of their tenure. At first sight, therefore, it may appear to go beyond legitimate bounds in extending advantages not only to the peasant but to the capitalist farmer; and it has been argued that it is not just to apply legislation of the same kind to those who can and cannot protect themselves. In fact, however, the Bill draws a broad (1) Sect. 4. (2) Compare sects. 4 and 12. (3) Sect. 4. (4) Sect. 3. (5) Sect. 3.

distinction between these classes, for its cardinal principle of giving the sanction of law to the equitable claims of the Irish tenant, confers immense benefits on the peasant farmer, and will hardly affect his wealthier fellow; and the scale of the statutable tenant-right, rising as the value of the farm declines, discriminates between them in the plainest manner. Comprehensiveness and breadth are, moreover, attained by general legislation on the subject, and the good flowing from this result more than counterbalances any mischief arising from taking into the sphere of reform, a class not necessarily in need of it, not to say that it will be easy enough to amend the measure in this respect, without injuring its main outlines. Besides, precautions have been adopted for shutting out, under certain conditions, and in certain definite events, capitalist farmers from the operations of the Bill. Very stringent provisions have, indeed, been made against attempts to deprive the tenant of the benefits given him, by inducing him to enter into bargains inconsistent with them; and contracts derogating from his new rights are nullified with peremptory strictness. But occupiers holding under future leases, for a term of not less than twenty-one years, lands of £50 yearly value and upwards, not having a title to tenant-right, are debarred from advantages under the Bill, except in respect of compensation, founded on English agricultural customs, provided their tenure be of the English kind, that is, provided the permanent improvements on their farms be made at the cost of the landlord; and all occupiers, whatever their tenure, who hold lands of £100 yearly value or more, also not in a tenant-right category, may waive their rights by definite contract. In this way a considerable number of capitalist farmers will, no doubt, be exempted from the proposed reform; it will not touch them if they do not require it. It should be added that desmesne lands, town buildings, and mere temporary lettings, are properly not comprised in the measure; it is confined to agricultural tenancies.

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In this manner the existing rights of the occupiers of the soil in Ireland are declared and given the support of law; rights of a new kind are conferred on them; and the result is attained with but little disturbance of the present arrangements of landed property. These rights, however, as we have seen, are variable, unequal, and undefined, depend on certain specified conditions, and arise only in certain contingencies. The Bill having marked out the nature and character of this mass of rights, the next, and not less important question is, as to the means of giving them effect, of adjusting them in a fitting manner, of discriminating them in the numerous instances in which they exist, with a regard to equity. It will be seen at once (1) Sects. 2, 3, 4. (2) Sect. 10. (3) Sect. 10. (4) Sect. 11.

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1

that this can only be accomplished through a judicial process, and the machinery indicated by the Bill is, upon the whole, of an excellent kind. Those landlords and tenants who choose to refer questions as to their rights under the proposed measure, to a tribunal of an amicable character, may resort to courts of arbitration of a peculiar description in each county, and the decrees of these courts will be final. But those who prefer to have recourse to litigation, may select the Court of the Chairman of the Quarter Sessions, corresponding to the County Court in England, and an appeal will lie from the decisions of these courts to the two going Judges of Assize, and from them to a Land Court in Dublin, composed of common law and equity judges. A series, therefore, of cheap courts, most properly local in their jurisdiction, is established to carry out the Bill, and to settle matters within its scope, but care is taken, through the intervention of an appellate tribunal of a double character, that rights of property shall not be sacrificed, and that very difficult problems of law shall not be hastily or wrongly determined. The powers given to the courts are immense, as was inevitable from the nature of the measure, and they are invested with a most ample discretion of an equitable as well as a legal kind, to work out its provisions in their genuine spirit. By these means we may hopefully expect the rights secured to the Irish tenant will be vindicated in a satisfactory manner, and the new relations in which he will stand towards his landlord will be fairly determined. On the occasions pointed out by the law, the courts will uphold and ascertain the tenant-right of the North and the South, and give its possessor the benefit of it: they will similarly decide on the title of the tenant to improvements, and to his statutable right, observing the rules prescribed to them; and, on the other hand, they will take into account claims and deductions on the part of the landlord, the whole procedure accommodating itself to the facts of each individual case, and as far as possible achieving justice. Nor is it to be supposed that, in the long run, the consideration of these questions will devolve largely upon the courts, though doubtless until a set of precedents shall have been matured, they will be troubled with a good deal of litigation. In most instances, even from the outset, the law will be exactly obeyed; the very institution of the new jurisdiction will assure general compliance with it; and, before long, it may be supposed that Irish landlords and Irish tenants will fall in with the changed mode of things, and will regulate their dealings with regard to it, without seeking the aid of any tribunal. The Bill, in a word, will be self-acting, at least to a considerable extent; and, far more than is commonly imagined, things will go on as they did before in the case of an immense majority of estates in Ireland.

(1) Sect. 21.

(2) Sects. 5, 19, 20.

(3) Sects. 14 and 16.

It remains to glance at a few other clauses of the Bill with reference to this branch of the subject. A restriction is laid on the odious practice, still not altogether unknown in Ireland, of issuing recklessly notices to quit,' by charging a duty on these documents; and to strengthen the position of the tenant-at-will, a notice will have twelve months to run, and not six months as it has at present. The leasing powers of limited owners are extended to a term of thirty-one years, the existing period being twenty-one; the charge of the grand-jury rate is to be apportioned between the landlord and tenant, in the case of all future tenancies, and, in the case of tenancies under £4, except where a lease intervenes, the whole charge is to affect the landlord. All these provisions are in the interest of the tenant, and it should be added that experienced valuators are to act as assessors to the chairmen, in order to aid them in their inquiries. What then will be the real position of the occupiers of the soil in Ireland, according to the principles of this measure, and what their relations with their landlords? The custom of Ulster being made legal, the tenants entitled to its privileges will enjoy them fully as they now exist; their interests will be completely secured, and they will have a concurrent right in the fee, safe from interference from unjust superiors. On the other hand, the incidents of the custom will be preserved as they are at present, and the landlords, therefore, will be enabled, within its limits, to raise their rents, and to possess all that is meant by ownership, restricted only from acts of wrong, at present prohibited by the usage. The status of the tenant of the South, who has a claim to tenant-right, will be of exactly the same kind; that is, his equitable interest in the land will be vindicated and protected by law; but, as his right is seldom definite or equal in value, in most instances, to that upheld by the Ulster custom, he will have the choice of exchanging it for a secure tenure for a considerable period, charged with advantages that, in all likelihood, will assure him a renewal of his term hereafter. It is difficult to see what legislation could accomplish more favourable to these classes, consistently with respect for the just rights of property; and, as regards the third and most important class, every equity in the land they can have or acquire, is appropriated to them with wide liberality; a new equity is added to defend their possession more or less in the nature of a charge on their landlords, with an alternative similar to that last mentioned; and all these rights are so conferred as to provide for them the most ample benefit, with the least possible injury to their superiors. It is idle to say that these provisions fail to give rational security of tenure, or to remedy the ordinary mischiefs inherent in the system of occupation in Ireland. Unquestionably they will not (1) Sect. 54. (2) Sect. 55. (3) Sects. 62, 63. (4) Sect. 19.