HC Deb 14 March 1853 vol 125 cc172-3

Order for Third Reading read.

MR. J. D. FITZGERALD

moved an Amendment to the 36th clause, to the effect that an appeal in all cases of tenancy over 50l. per annum should be from the Commissioners to the assistant barrister, or the Judge of Assize.

MR. NAPIER

said, he must object to the Amendment, on the ground that it would be a departure from the Act of 1847, which was the foundation of the present measure. Nothing could work better than the Act of 1847, which had no power of appeal, and, as a proof that such a power was unnecessary, the Commissioners under the Act of 1847 had only been called upon in four cases to adjudicate between landlord and tenant. In all the other numberless cases the parties had mutually agreed between themselves on the amount of rent to be added for the improvement of the land; and he thought a useless power of appeal, which must lead to delay and litigation, would be prejudicial to the beneficial operation of the Act.

MR. STAPLETON

said, he would move the omission of the 36th clause, as it contained a novel principle of jurisprudence, unless both clause and Amendment were submitted to the Select Committee.

MR. SERJEANT SHEE

said, the clause was drawn up consistently with all Irish precedent, which in legislation was one-sided, as for the landlord and against the tenant; but it was totally adverse to the principles of jurisprudence as practised in this country.

MR. R. MOORE

said, he should oppose the Amendment as interfering with the machinery of the Act of 1847, which had been found to work so well.

MR. FITZSTEPHEN FRENCH

said, he must deny that the decisions of the Commissioners, as stated by his right hon. and learned Friend (Mr. Napier) had been satisfactory. He should support the Amendment.

SIR JOHN YOUNG

said, he preferred the clause without the Amendment, but he hoped the Amendment would not be opposed, as it was the result of a compromise which he trusted the House would support.

MR. WHITESIDE

said, the best possible proof that the Amendment should not be adopted, was the fact stated by his right hon. and learned Friend (Mr. Napier) that only four cases out of all that had been decided by the Commissioners were objected to.

Amendment agreed to.

Bill read 3°, and passed.