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' .- '• > 99 : 99 ^y 9 ; 9 .yy / ;/ / -y.y,;.y 999 ;.: 9 ,y'^.y / .;.^ : , ; ■. .. .;.. | f;‘K ; .., 4 f'y ; fl r- '■ :« . • ': . \ ' it ■:■ : ■ ■■■ ■' ■.■■/^ : ■yyy.yy,.y.:-y' 9 iy. ..'-'f-.-f v>> •>/ : >:■; ••• ■' ■; ■ -.v • ■ ' . ■' i • : ' ....... // ; :■ '■..••• //////;//////, ■■ f ■ ■ .:;•;• •,;•.-.••>//- v.;-. |g " ||l| ; |||| • V•> .rj’,>y ■ ■>.< '.■, y , -.;:y 9 . ..'.■..- yy 'yi-y/,.-:r 9 ^y^Jy\:y/m •' * ■ • •' '■ ' • ■ • ‘ ' - • .. ' • . -v :; -. [ ■ , ' ■ » & »» ■.' V * \ < J l ■ :• . • . “ "A" < - . • • .• -• ^' * ' I ' •ft- 5 M-y ci:-- j" 1 ’ =«-=====^=====: MEASURES TO BE ADOPTED FOR THE EMPLOYMENT OF THE LABOURING CLASSES IN IRELAND; DETAILED IN AN ADDRESS TO THE ELECTORS OF GALWAY; WITH AN APPENDIX, CONTAINING ABSTRACTS OF THE REPORTS OF SOME OF THE PROVINCIAL ASSEMBLIES IN BELGIUM. By A. H. LYNCH, Esq., M.P. LONDON: CHARLES KNIGHT & CO., LUDGATE STREET. 1839. h!) syoo.3 , L9 183 9 LONDON: l'rinted by W. Clowes ami Suns, Stamford Street. O’NEILL UBhaHt BOSTON COLLEGE AN ADDRESS, fyc. fyc. When the measure of 1838, for relief of the destitute poor in Ireland, had passed the House of Commons, I ad¬ dressed a letter to you, my constituents, in which I endea¬ voured to explain the various provisions then proposed for accomplishing its important ends. I supported the measure through all its stages, and voted in the final majority of 234, under the auspices of which it was carried to the House of Lords. The law contains some provisions which I opposed, but they will not practically impair the representative principle for which I contended, if the elective right of the rate-payers be exercised purely, amicably, and widely, without any other motive than the general good ; because the right of voting is sufficiently comprehensive (vesting as it does in every rate-payer) to give the public a predominant influence over the working of this great fundamental measure for the im¬ provement of Ireland. The measure is in other respects much improved by clauses calculated to induce more attention to the means of improving the condition of the working classes ; and as I now purpose to address you on the nature and extent of these means, I will begin with a brief description of this law, as altered in the House of Lords. Its object, as detailed in my former letter, is to enable local Boards of Guardians to levy a rate on the value and rent of all lands, houses, mines (seven years in work), canals, navigations, rights of fishery, tolls, &c.; for maintaining in B 2 workhouses such families, or adults not having families, or children not having parents, as they shall find to be in a state of destitution, that is, in actual want of the necessaries of life, and without any means of obtaining them; also to authorise the levying of a rate in an electoral division, not exceeding one shilling in the pound on the annual value of rateable property, and by consent of a majority in value of the rate-payers, for defraying the expense of settling poor families in a British colony. The 52nd section of the Sta¬ tute limits its pow r ers strictly to these purposes ; and, there¬ fore, the law does no more, except as to emigration, than render the fixed property of the country liable to a charge which must heretofore have fallen wholly on the property possessed by voluntary contributors to the poor, while it will protect property from loss by the imposition and demoral¬ ization which general mendicancy has promoted, and still afford a subsistence to a greater number of persons than could be supported at the same cost by any other mode of relief. The poor-tax is to be levied by “ a poundage rate, made upon an estimate of the net annual value of the several he¬ reditaments rated thereunto; that is to say, of the rent at which , one year with another, the same might in their actual state he reasonably expected to let from year to yearf subject to the cost of repairs, to all taxes, and the charge of insurance. The value is thus to be the actual amount of rent which could be obtained from a tenant liable to the taxes and charges of preservation ; and it will be necessary to have this value fixed with scrupulous accuracy, in order that the tax may be equitably apportioned between landlord and tenant, as required by the law. The occupiers of the property charged with the tax are to pay the whole amount in the first instance; and those who have rents to pay are authorised to deduct one-half of the poundage rate, that, is, one-half of the shilling, ten-pence, eight-pence, or whatever other amount the rate may be, from each pound of rent which shall be paid. Thus, if the annual rent be 60/., and the annual value also 60/., and the annual rate Is. on each pound of rent value, the tenant will deduct sixty times sixpence, or 1/. 106*.; if the annual rent be 60/., and the annual value were but 30/., the tenant will only- have to pay 1/. 106*.; which he will be entitled to deduct from the landlord, being one-half of the poundage-rate on the rent, the landlord in effect being* in that case liable to the whole tax, in consequence of his receiving so much more in rent than the value of the tenement. On the other hand, if the rent paid were to be but 30/., and the annual value were to be 60/., the tenant could only deduct thirty times sixpence, or 156*., and would, in consequence of his consider¬ able interest, be subject to 2/. 56*. of the 3/. levied for the poor. Therefore, it is of extreme importance that a bond fide valuation of property to be rated shall be made in every Poor Law Union, before any rate shall be levied. The means provided by the law for levying the rates, and applying them to the support of the poor, are well adapted for the ends proposed. The Crown appoints Commissioners (paid out of its own revenue), to form the Unions, superin¬ tend the constituting of Boards of Guardians, frame rules for having the law administered conformably to its enact¬ ments, provide workhouses, control the expenditure, audit the accounts half-yearly, and maintain a uniform system of relief throughout the country. The Unions are to be di¬ vided into electoral districts, the rate-payers in each electing annually a due proportion of the whole number of Guardians for the Union, and every rate-payer having at least one vote —the votes, however, increasing in proportion to property— but t he utmost number in one electoral division to be six, in right of an occupancy of the aggregate value of 200/., B 2 4 or in respect of an equal aggregate amount of rent derived in the division; if both vest in one person, the votes are double. If a Board of Guardians were to neglect the business of a Union, or not to carry the law into execution—for instance, if a Board should attempt to make the law inoperative by refusing relief to persons in a state of destitution—the Com¬ missioners would order another Board to be constituted; and if the new Board were also to contravene the orders of the Commissioners, the power of appointing paid officers would then arise, which must tend to insure a due adminis¬ tration of the law by the ordinary local authorities, lest strangers should be employed to relieve the poor and levy the rates. The valuators and officers of each Union (except the re¬ turning officer for elections, the auditor of accounts, and the chaplains) are to be appointed by the Board of Guardians; but the officers’ salaries will be fixed by the Commissioners, and are to be on a very moderate scale, according to the following estimate submitted to the House of Lords :— 1. Clerk of the Union, from . . £60 to 80 2. Master and Matron of the Work-] house jointly .} 60 ” 80 3. Chaplains, do. . . . 50 ,, 80 4. Medical Officers and Medicine, do. 100 „ 150 5. Auditor (from each Union) . 20 ,, 30 6. Returning Officer . . . 10 „ 20 7. Collector . . . . 50 „ 70 8. Schoolmaster and Mistress jointly 50 „ 80 9. Porter and Assistant, do. . . 20 „ 30 10. Other Assistants in the Workhouse 1 and Union . . . .J Total, from £450 „ 650 5 Wardens are to be appointed by the Guardians, for each parish, townland, or other district in a Union, to “ provide for the conveyance to the workhouse of any such destitute poor persons as the Guardians shall directto attend meetings of the Guardians when ordered; and to report to them the state of the poor, and other local particulars required. The workhouses are to be provided by the Commissioners, and the money for the purpose will be advanced by Govern¬ ment, to be repaid by each Union in twenty annual instal¬ ments, commencing in one year after the completion of its workhouse ; but interest is not to be charged until the period for paying the tenth instalment shall have elapsed, and then only upon what remains due. The master of each workhouse is to keep a registry of the name and usual place of abode of each person admitted. This registry is to be subject to revision by the Board of Guardians, and the electoral division in which the Board shall determine the previous place of residence to he, will become chargeable with the cost of maintenance; but if the Guardians cannot assign the pauper to any one of the electoral divisions, then the cost of maintenance will become a general charge on the Union. This provision gives direct operation to the re-active principle of the law, by fixing the cost of pauperism on the localities to which the pauper shall actually belong; but still most wisely enables the Guardians to place a charge on the Union, generally, for the wandering poor who have no fixed place of abode; and it also empowers the Guardians of electoral divisions to agree to a joint charge, after the expiration of three years from the first opening of the workhouse. The law does not contain any provisions against mendi¬ cancy ; but, when workhouse relief shall be afforded in a Union, the good sense of the community must suggest the necessity and policy of withholding alms from mendicants— 6 because then, unless the house be full, of which the wardens of each district should give notice, all who will resort to beg¬ ging must be vagrants by their own choice. Neither does the law make any provision for the support of medical charities. It leaves them to the resources on which they have heretofore depended ; and merely directs the Commissioners to report, after they have formed the Unions, whether the public medical institutions are suffi¬ cient ; or, if not, at what cost the requisite extension could be made. The medical superintendents to be appointed by Boards of Guardians are only for the inmates of work- houses. As a supporter of this great measure, I rejoice that in whatever part of Ireland the preliminary arrangements for carrying it into effect have been commenced, its object, when honestly explained, has been warmly applauded, the quick intelligence of the public mind being at once convinced of its security, and public sympathy having long desired a safe measure to protect the unblamable poor—to terminate a wasteful and demoralising mendicancy—and rescue the children of paupers from privation and corruption; above all, to make the entire of the fixed property of the country chargeable for these objects, and thus compel its owners to co-operate for improving the condition of the poorer classes, by extending employment in the natural sources of indus¬ try, as the only means of lessening pauperism, or preventing its increase, and saving property from a heavy taxation. The Commissioners cannot carry the law into effect with sufficient rapidity to satisfy the people. In many places the introduction of the law has been loudly called for; as in Dublin, Cork, Waterford, and Galway, where the public feeling appreciates the advantages of this most salutary measure. The sound policy of this law is, that, in providing 7 succour for persons deprived of the means of subsistence by want of employment, it does not force the community to provide employment for labour which the ordinary demand does not appear to require, but affords its succour within the walls of asylums, leaving to the community of rate-payers the adoption of measures for averting pauperism from the working classes, and by the prohibition of out-door relief it sustains wages, which the recipients of out-door relief in § England have depreciated by underselling their labour, and f then compelling the body of rate-payers to supply to them, as paupers, a portion of their means of living, that otherwise J they must have acquired in wages. Many of the zealous friends of a compulsory provision for the poor of Ireland were hostile to the workhouse system, as applied to the condition of the able-bodied classes. But, in requiring public productive employment to be pro¬ vided, they overlook the stimulant of poor-rates, which, when left to its full action through the levies requisite for workhouses, must enforce productive employment in its natural sources, where the labourers will obtain it, not as paupers, but as hired workmen, paid according to their qua¬ lifications ; while public employment, if it could be every¬ where provided, would, if productive, prevent an extension of employment by individuals, and leave crowds of labourers to be worked in gangs like slaves. If men are out of work and unable to subsist themselves, let them be sustained at the public charge, and that charge | will cause employment to be provided by those who are to bear it, if employment can be given ; while, on the other hand, the necessity of submitting to work-house rules, and the separation of the males and females of every family, essential to public decency, must tend to make labourers careful of their earnings, and assiduous in their work to obtain a continuous employment. 8 But, in creating this liability for the rate-payers, the legis¬ lature is bound to remove every obstruction within its control which impedes the use of the sources of employment, and correct every defect in legislation by which the means of employment are misapplied. It is not reasonable or righteous to tax the community for the support of labourers out of work, while denying it the means of employing them. The object of the Poor Law is to protect against destitu¬ tion ; and to guard against fraud it applies the self-acting and unerring test of the workhouse ; and, while it protects the community at large from the cost and heavy charges of mendicancy, and secures an equal distribution of the bur¬ den of support of the poor, and a due application of the funds raised, it will serve as a stimulant to the employment of the people. There the Poor Law stops. Such are its proper and due limits. It is the duty of the legislature to proceed farther; to pass measures for raising the condition of the people, and not only to provide against destitution, but to place the Irish peasant in that situation which the soil and the climate of Ireland, and the physical and moral energies of her sons, entitle him to be placed in: finally, to give him the com¬ forts which are enjoyed by his English and Continental neighbours—afford education and employment; and this desirable object will be effected. The subject of edu¬ cation is foreign to my immediate purpose. I cannot, however, omit this opportunity of calling the attention of the public to the Belgian Reports, set forth in the Appen¬ dix, as to the provision in that country for the education of the people, an example well worthy of imitation. Our present business respects the employment of the people. The want of that employment is one of the greatest and most pressing evils of our unhappy coun¬ try. And yet the means of employment, as well as the 9 sources of production, are most abundant. There is no country in the world where labour is more required, and none where it can be more profitably employed. The means so bountifully given by Providence have hitherto been neg¬ lected ; and what is the consequence ? Misery of the peo¬ ple, agrarian disturbance, and insecurity of property. The Statute Book unfolds the sad history of Ireland. In it are contained numerous Acts passed within the last 100 years, penal and coercive in the extreme. From the titles and recitals of these Acts you may discover the causes of their being passed, and you may trace them all to agrarian dis¬ turbances, arising from the opposition of the people to the payment of tithes, the want of employment, and the scarcity of cultivated land appropriated to their use. And why is it that the people are not employed, or fairly or adequately re¬ munerated for their labour? The discouragement of her manufactures—the neglect of her agriculture—will easily account for this; and, as a consequence, the unsettled state of the country. The description given by the Poor Law Commissioners of the labouring poor in Ireland is one of the greatest po¬ verty ; inhabiting wretched hovels, scantily covered, and scantily and badly fed. The description is too true. The Poor Law does not touch these cases. The legislature has properly and wisely kept distinct the measures for the relief of destitution from those necessary for alleviating poverty and raising the condition of the peasant. But it was from the commencement admitted that other measures were ne¬ cessary as adjuncts and auxiliaries to a Poor Law. Mr. Nicholls, in his first Report, states,— 30. “ It is, I think, a circumstance favourable to the establish¬ ment of Poor Laws, that there is so much land lying waste and uncultivated in Ireland. A large portion of this land appears to be susceptible of profitable cultivation; and the order and secu- 10 rity which the introduction of Poor Laws would tend to establish would encourage the application of capital to such objects. If capital were to be so applied, considerable tracts would be brought under culture, and thus afford immediate occupation to the now unemployed labourers. I have no experience in the reclamation of bog-land, but the finest crops which I saw in Ireland were on land of this description, and this often very imperfectly drained. Most of the recently-reclaimed bog which I saw in the western counties was reclaimed by the small occupiers, who partially drained and enclosed an acre or two at a time ; but such opera¬ tions were without system or combination, and for the most part indifferently performed. In this way, however, the reclamation of these wastes will, of necessity, proceed,—constantly adding to the number of small cottier tenants, and consequently swelling the amount of poverty and wretchedness in the country,—unless proprietors and capitalists shall be induced to take the matter in hand, and, by enclosing and effectually draining whole tracts, secure the means of applying improved and economical manage¬ ment on a large scale. It appeared, from what I saw, and from all that I could learn by careful inquiry, that, wherever sea-sand or sea-weed or lime is to be obtained, bog-land may be cultivated to advantage,—presuming always that it is first effectually drained. Now Ireland abounds in limestone beyond any country that I have ever seen, and along the western coast sand and sea-weed are plentiful. The elements of fertility, therefore, are at hand; all that is wanted is capital and enterprise to call them into action. The enclosing and draining, and the whole process of reclamation, would afford employment to a large number of labourers, who are now, for a great portion of the year, idling about without occupation ; and, when the land so reclaimed becomes subjected to a regular process of cultivation, it will continue to afford them regular employment at daily wages, instead of the often miserably insufficient produce of their own small holdings, to which they now are compelled to cling as their sole means of support.” Whilst the interest of the landlords to seek means for em¬ ploying the people outside the poorhouse, rather than sup¬ port them within, will be increased, it will on the other hand be but just and expedient that all facilities should be afforded 11 to the landlords, every obstruction to their employment of the people removed, and every legitimate means used to as¬ sist them. Emigration is recommended by some : it is by others considered the only remedy. Emigration, to be use¬ ful or effective, must be on a very large scale, and must be made at once, and not from year to year. There is at this moment a considerable annual emigration from Ireland, and it is not felt. The Railway Commissioners, in their second Report, state that— “ It is impossible that emigration coukhbe effected on so large a scale, were the people themselves ever so anxious to embrace it, as wholly to remove the pressure of distress arising from the excess of the population over the means now available for their support. It can only be resorted to as a secondary relief, effectual as far as it goes, and therefore deserving of attention and encou¬ ragement; but it must always leave behind it so many destitute and unemployed that the cares of the legislature or the burdens of the country can experience no very sensible alleviation from its aid.’’ How much more politic it would be to employ public money where it would create wealth and employment at home, than expend public capital in removing labourers to the colonies, and settling them there ! The expense recently incurred by Major MacArthur, in sending to his property in New South Wales forty persons from Dorsetshire, amounts to 747/. 16£#9 50 Earl of Devon chairman, for the reclamation of the waste lands of Ireland. The Waste Land Bill will most mate¬ rially assist their praiseworthy efforts, for they require the assistance of this bill as much as individuals. They have already commenced their operations, and have acquired three large tracts of ground on lease. Their last report I have set out in Appendix No. 4. Second Measure. The very limited leasing powers of tenants for life are primary obstacles to the improvement of Irish husbandry; and they also obstruct building improvements both on farms and in towns. Many instances might be given of houses being suffered to get into decay, and actually to fall, because a landlord could not give a tenure sufficient to induce an outlay by the tenants ; and the inferior descrip¬ tion of houses in our Irish towns is commonly ascribable to the same cause, the lessees building such houses as will suit their short term. This cause also obstructs the working of mines. Adopting as a principle, and taking as a rule, that which is applied in every well-drawn settlement or will, and at the same time bearing in mind the imperfect manner in which settlements and wills have hitherto been prepared in Ireland, I have ventured to propose that the powers of leasing contained in the bill which I have pre¬ pared should be incident to every estate for life. Many eminent lawyers concur in this opinion ; and these powers are recommended by the late Mr. Humphreys in his book “Ob¬ servations on the Actual State of the English Laws of Real Property also by Mr. Tyrrell in his “ Suggestions sent to the Commissioners appointed to inquire into the Law of Real Property,” where he states,—- * “The usual powers of leasing at rack-rent and granting re¬ pairing leases without taking any fine, and of enfranchisement 51 and partition, might be given to every tenant for life, and to trustees named in the settlement, or, where there are no such trustees, to a public officer, during the minority of the person en titled in possession ; and the usual powers of granting building or mining leases, sale and exchange, might also be given to a tenant for life, with the consent of such trustee or officer.” There is no good reason why all the attendant incidents to estates should not be as much and accurately defined as the estate itself. They are so defined in the Code Napoleon, as well as in every new code lately published on the conti¬ nent ; and such powers were given by the statute of the 32 Henry VIII. in England, to tenants in tail. At that time the usual limitations of settlement were tenancies in tail;— estates for life were not then introduced ;—and the legisla¬ ture, with the object, no doubt, of promoting the cultivation of the land and the employment of the people, gave as inci¬ dents to every tenancy in tail the power of leasing for twenty-one years, thereby removing the necessity of barring the estate tail. The corresponding act in Ireland is the 10 Car. L, cap. 6. By the Act of the 5 Geo. IV., cap. 87, intituled “An Act to authorise the proprietors of entailed estates in Scotland to grant provisions to the wives and children of such pro¬ prietors,” powers of jointuring and of charging with por¬ tions for children are given as incidents to every heir in tail in possession of the entailed estate. The legislative authorities to which I have already referred relieves the proposition altogether from the charge of innovation, and reduces it merely to an extension of, and improvement upon, existing institutions. We have the authority of Lord Redesdale that such powers are as much for the benefit of the remainder man as of the tenant for life ; and on that ground he enforced against a remainder man a mere agreement of the tenant for life having such a power to grant a lease, and made the following observations:— “ In the case of powers to make leases at the best rent that can E 2 52 be obtained, it is evident that the author of the power looks to the benefit of the estate, and that the power is given both for the benefit of the tenant for life and of all persons claiming after him, for where the tenant for life can give no permanent interest, and his tenant is liable every day to be turned out of possession by the accident of his death, it is hard to procure substantial tenants ; and therefore it is beneficial to all parties that the tenant for life should have a power to grant such leases. It is evident that the occupying tenant can afford to give a better rent under such cir¬ cumstances than if he were only to have a precarious tenure ; we see from the lettings for three years in this court and under cus¬ todians in the exchequer, how disadvantageous short and preca¬ rious lettings are.” By the Act of the 10 Geo. III. c. 51, relating to Scot¬ land, the leasing powers thereby given are preceded by the following recital :—“ And whereas many tallies of estates in Scotland do contain clauses binding the heirs of entail from granting tickets or leases for a longer endurance than their own lives, for a small number of years only, whereby the cultivation of land in that part of this kingdom is greatly obstructed, and much mischief arises to the people.” This is exactly the case of mere tenants for life in Ireland, who can only grant leases for their own lives. My proposition is in effect merely to supply omissions^ whereas the powers given by the Scotch Act go directly against the clauses in the deed of entail. By this measure I propose that every tenant for life in possession should have the power of leasing for any term not exceeding thirty-one years; to take effect in possession; the best yearly rent to be reserved without taking any premium or fine; the lessee not to be made dispunishable for waste; a condition of re-entry on non-payment of rent or breach of covenant to be contained in the leases; as also a covenant from the lessee for payment of the rent and proper cultiva¬ tion, and against assigning or subletting without the consent of the landlord ; a counterpart of the lease to be executed. I also propose powers of leasing, under like conditions, for 53 ninety-nine years to encourage building, and for sixty years to promote the repairing of old buildings, such lease to take ef¬ fect in possession, the best rent to be reserved; no premium fine to be taken; not more than ten acres of the same estate to be leased upon any building or repairing lease to any per¬ son or persons, or in trust; and such leases are to contain a condition making the lease void if the buildings to be erected and which are to be specified in the leases be not erected within ten years; and such lease to be void if the same shall not contain a covenant for payment of the rent and the keep¬ ing the buildings in repair, and also a condition for re-entry on non-payment of the rent or breach of any of the cove¬ nants, and a counterpart of the lease is to be executed. I again propose that tenants for life in possession shall have power to lease mines of coal, freestone, lead, clay and iron¬ stone, and other metals, minerals, or other substances found in or upon the lands for any term not exceeding sixty years, to take effect in possession with all usual powers and provi¬ sions necessary for the working of the mines, and enabling the lessees to manufacture and carry away the metals, mi¬ nerals, and other substances, the best rent tolls and royalties to be reserved; no premium or fine to be taken, and a con¬ dition to be inserted in the lease of re-entry in case of non¬ payment of the rent, tolls, or royalties, or breach of the co¬ venants, and a counterpart of such lease is directed to be executed. By the 10 Geo. I. (Irish) a power is given to bishops and other ecclesiastical corporations, and to tenants for life, with immediate remainder to his or her heirs and every other son in tail male, and also to tenants in dower and by the courtesy with the consent of the reversioner, to lease mines for thirty- one years, subject to certain restrictions therein mentioned; and whilst this Act is a legislative authority for granting in¬ cidents to estates for life, it is clear that the powers conferred 54 are not sufficient, as not extending to all cases ol tenancies for life, and the power is too limited. In order that the next clause of the bill may be under¬ stood, it will be necessary that I should shortly explain the nature of the estate which a mortgagor and mort¬ gagee have respectively in the land. The mortgagee has the legal estate, but only for the purpose of securing to himself the money advanced, for the mortgagor may at any time pay him off, giving him reasonable notice, unless there be some particular stipulation contained in the mort¬ gage deed, and in case of refusal he may file a bill in a court of equity and compel a redemption. The mortgagee may enter into possession, but generally does not except in case of considerable default of payment of the interest. The mort¬ gagor in possession is at law a mere tenant at will, but in equity and point of fact is the real owner subject to the mortgage debt, but any leases executed by him would not be valid against the mortgagee. The assent of the mortgagee is therefore necessary. Now this assent may be and is sometimes withheld capriciously; the mortgagee being sa¬ tisfied of his security cares but little for the increase or im¬ provement of the estate. The consequence is that persons willing to lay out, money in the improvement of land or in the establishment of a manufactory are deterred from so doing by not having a valid lease made to them; instances might be given where, in consequence of a mortgagor not being able to give a perfectly valid security, the country has lost the benefit of the establishment of a large manufactory. The employment of the people is thus obstructed and no be¬ nefit derived to the mortgagee. This should not be permit¬ ted, protection being capable of being afforded to the mort¬ gagee, and this is effected in the proposed measure by directing the mortgagor to give notice to the mortgagee of the lease which he is about to grant, and all its terms and 55 conditions; and if the mortgagee does not assent to or join in the lease, the mortgagor is at liberty, after the expiration of three months, to have the matter referred, by means of a petition, to a Master in Chancery in a summary way, who is to settle the lease, and the terms, and conditions, and rent. Provision is made for the expenses attendant upon this proceeding. There is a direction in the bill that these powers of leas¬ ing should not extend to any manor or mansion house, or any glebe houses, or any offices or grounds belonging to a glebe or mansion house. If it should be asked what protection there is given against fraud,—the answer is—the same protection that is given in cases of similar powers contained in settlements and wills, and greater or better protection cannot be afforded, which is, that the lease, which is made at the peril of the lessee, will be void if it contravenes any of the terms contained in the powers. It is almost unnecessary to state that the object of these provisions is to give the tenant such a tenure in the land as will induce him to improve and properly cultivate it. I was very much struck by the evidence of Mr. Hevey, before the Poor Law Commissioners, a farmer of 700 acres, who states, During the scarce seasons I took a number of labourers into my employment, and reclaimed, draining about twenty acres of land ; however, when it was discovered by the landlord, he took it from me and set it to another.” I trust that many instances of this sort are not to be found, but it is clear that without security of tenure the te¬ nant will only think of getting as much out of the land as he can at the least possible expense to himself. No argu¬ ment can be drawn to the contrary from the system much followed in England of not granting leases, as in such cases all repairs are at the expense of the landlords, and great care 56 is taken by them of the husbandry and mode of cultivation pursued. The Scotch Act, already referred to, 10 Geo. III., con¬ tains a wholesome provision which I have incorporated in this bill; a power of exchange, which is preceded by this recital;— “ And whereas it may frequently happen that the inclosing of lands in Scotland may be retarded or prevented, or at least ren¬ dered inconvenient, by heirs of entail not having it in their power to exchange small parcels of the lands of their entailed estates for other lands convenient for the entailed estates, and more condu¬ cive to the improvement of the country in general; for remedy whereof, be it enacted by the authority aforesaid, that it shall and may be lawful for proprietors of entailed estates to exchange or make exchanges of land with all and every person or persons for the conveniency and advantage of the said estates and for the improvement of the country where such estates are situated by inclosing or otherways.” Accordingly, by the proposed bill, power is given to every tenant for life in possession to exchange lands, with the ap¬ probation of the Court of Chancery, to be obtained on peti¬ tion in a summary way. The bill does not enable any lessee to charge or affect the interest of his landlord; but nevertheless any lessee, tenant for life, may exercise all the powers of the act, so far as re¬ spects his leasehold interest, except the power of exchange. The necessity of the restriction is evident, to prevent the confusion of boundaries of estates after the determination of the leases. Such are the provisions of the Leases and Ex¬ changes’ Bill. The principle of the latter part of the bill, relating to exchanges, is completely borne out by the General Inclosure Act in England, 41 Geo. III., cap. 41, sec. 15, as thereby full power is given to the commissioners to exchange lands. I understand it is objected that the bill is confined to Ireland, and that, if it be good or necessary for Ireland, 57 it must be equally so for England. That it would be equally good for England I have no doubt of; and if ail amendment, extending its provisions to England should be moved, I will cordially support it. I do not think it equally urgent, as care has been taken in England to provide for those powers in settlements and wills; and, if required, parties in England can afford the expense of a private act of parliament much better than they can in Ireland. Third Measure. The evils of suffering property to be put into mortmain were very early felt both in England and Ireland, and ac¬ cordingly statutes were passed against mortmain; and where mortmain is allowed, it is upon the tacit condition im¬ posed upon every owner of property, that he uses it not to the detriment of the state; and it does not at all follow that, because such estates cannot be alienated, they are not to be cultivated and improved. The legislature, in the reign of Elizabeth, in England, and in the reign of Charles I., in Ireland, interfered to pre¬ vent archbishops and bishops, and deans and chapters, and other ecclesiastical dignitaries, parsons, vicars, and the mas¬ ters or governors or fellows of colleges, from disposing of the inheritance of the lands belonging to them in their cor¬ porate capacities, or from making leases for a longer term than twenty-one years, except in cities and towns, where they were allowed to lease for forty years, and subject to certain conditions ; one of which was, as contained in the statute of Charles I., cap. 3, sec. 2 — et There shall be re¬ served and contained, due and payable unto the said les¬ sors and their successors, during the said term of twenty- one years, so much yearly rent or profits, or more, at the peril of the lessees, who shall take the same as the moiety of the true value of the said lands or other hereditaments 58 (communibus annis) at or before the time of the making such leases shall amount unto.” This is altered by the 35 Geo. III., whereby it is enacted, “ That the rent reserved shall be that for which the lands were let for twenty years before the granting of the lease.’ The manner in which the college lands are leased, is by reserving one moiety of the value fixed at a certain period,— I believe that 1810 was the last period at which the rents were fixed,—and this covers the rent for which the lands were let twenty years before; and this being so, the lease is good, and the other moiety is received by means of fine, and is one of the principal sources of revenue of the provost and senior fellows; and the lease is renewed every year, or every two or three years, the fine being increased according to the length of time the renewal is postponed. There is no obligation on the part of the provost and fellows to renew, and they may demand such terms as they think proper. It is unnecessary to state, that under these circumstances the tenant will not effect any substantial or lasting improve¬ ments upon the land; the uncertainty of the tenure will deter him; besides, the improvements to be made by him may induce the provost and fellows to demand higher terms. As a preventive, therefore, to all improvement no better system could be desired ; and hence it is that these lands are in such a deplorable state, as described by Mr. Griffith in his evidence before the Committee of 1835. •The same may be said of the bishops’ lands. But in re¬ spect of these the legislature has interfered, and, by the Church Temporalities’ Act, passed in 1833, has given to each tenant the right to demand, upon payment of the value of the perpetuity, a conveyance of the fee-simple, or a lease of 999 years. One of the recommendations of the House of Commons’ committee of 1835 was, (e Enlarged powers of leasing to be 59 given to the Board of Trinity College and the Board of Commissioners of the Schools founded in Ireland by Eras¬ mus Smithand,, following up this recommendation, I obtained leave from the House to introduce a bill to effect the object. Through my valued and respected friend, the late Provost, Dr. Lloyd, I communicated with the board, w 7 ho were very averse to any thing like the legislation contained in the Church Temporalities’ Act; and finding that to be the case, and it being considered by some that there was a distinction between the property of bishops and that of the college, and the extent of the power to be given having been left open by the committee, I thought of a middle course, and proposed in my bill that an extended power of leasing should be given to the provost and fellows for forty-one years, subject to certain conditions; every present tenant to be entitled to this extended term, to commence from the surrender of the existing leases, also to renewals from time to time, and the consideration for the renewal to be the sum of 6,?. in the pound on the rent reserved in the surrendered lease; and for every entire year of the term granted by the surrendered lease which should be expired at the time of the surrender, one-sixth part of the amount of which consideration to be paid at once and in a gross sum to the provost and senior fellows on the granting of the renewed leases, and the other five-sixth parts to be commuted into a yearly rent, payable during the renewed lease, and to be reserved as an addi¬ tional rent to the rent reserved by the surrendered lease, and to be paid as the original rent. This sum of 6s-. in the pound on all future renewals to be calculated on the original rent only, and the additional rent to be excluded from such calculation; and for the better calculating the consideration for the renewal, the additional rent was to be reserved sepa¬ rate and distinct from the original rent. 60 At present the renewal fine for one year expired is 56*. 6 cl. on every pound of the reserved or half rent, for two yeais it is 12,y., for three years 186*.; and the portion of the fine which is the present value of the half rent increases in amount with the shortness of the time at which, if not com¬ muted, that half rent would become payable. It is the interest of the tenant to renew, to increase his term; and it is the interest of the board to renew, to ensure the fine. But to ascertain the intervals at which it will be most prudent to renew under the present system, the tenant has to set off the charge for stamps and law agency against what he would save in fine by annual renewals; and I be¬ lieve the general practice is to renew every two years, and accordingly that the annual amount of fines to be divided amongst the eight members of the board is 66*. for every pound of the reserved rent. The advantages of the plan are,—lstly, An increased term from twenty-one to forty-one years. 2dly, The tenant may, with perfect safety, suspend his renewals for ten years, as no board of eight men advanced in years would ever think of running their lives against an unexpired term of thirty-one years, or of forfeiting their portions of the renewal fines : so that not only the time is extended, but the chance of renewal much increased. 3dly, The tenant would be freed from the constantly renewing charges for stamps, law agents, &c. Mr. Griffith describes the extent of the College lands in the county of Kerry to be one-eighth of the county, and the College has also large and very extensive tracts of land in the counties of Galway and Mayo, chiefly waste but reclaim- able land. It cannot be for the interest or advantage of the College that these lands should remain in their present state, whereby a positive injury is inflicted upon the public. Upon the passing of these measures there would be two courses open to the board to pursue. First, by means of 61 the Waste Land Bill, and by an outlay in fencing and erect¬ ing proper habitations, in addition to the drainage and im¬ provement under that bill to improve their estates, and by arrangements with their tenants to obtain increased rents, giving the College a fair per centage for the money laid out. Or, secondly, under the extended power of leasing pro¬ posed to be given, to grant to their tenants such an interest as would induce them to make the improvements, the College stipulating and binding their .tenants by covenant to do so. If it be thought advisable that the absolute right to renew should not be given to the tenant, let the extended power be given to the board, leaving it entirely optional in them to exercise the power or not. I would not object to this, as I am convinced the Provost and Fellows would consider it their duty, as it would be their interest, to adopt one or othercof these plans. The right of Parliament to interpose, and the expediency of its so doing, I submit cannot be doubted. If it be ob¬ jected that you are interfering with the rights of the college, my answer is that Parliament has already interfered and as¬ serted its right to do so. It is the peculiar right of Parlia¬ ment to interfere in cases of corporate property, corporations being the very creatures of the state and society, and allowed to exist solely for the benefit of the community. It is intended that the provisions of this bill should be extended to the trustees of the schools of Erasmus Smith and of Sir Patrick Dunne’s charity. According to the evi¬ dence of Mr. Griffith, the same necessity does not exist in those cases, at least in the same degree, but it is evident the cases, are similar, and that for the improvement of these estates (which are very large, and in several parts of the country), and to put them on a level with the estates of individuals, the trustees 62 should have recourse to one or other of the systems I have already referred to. Fourth Measure. A tenant for life, having only a limited ownership, will not apply his money towards the amelioration of the land, as he has no certainty of deriving the benefit to be realized by such outlay. The remainder man who is to succeed, and will derive the great advantage from such outlay, may be a stranger to him; and even if he should be his own son, the tenant for life may have a family of younger children, and will therefore be unwilling to apply his money (required for younger children) in the improvement of the estate for the benefit of his eldest son. A large portion of the landed property in Ireland is in strict settlement. To satisfy the desire of owners of pro¬ perty to preserve the estates in their families as long as pos¬ sible, and to keep up the possessions of the aristocracy, limi¬ tations of property are allowed by law, rendering the fee simple of the property inalienable for a period of a life or lives in being and twenty-one years afterwards; and until the passing of the Act generally called “ The Thellusson Act,” property might have been accumulated for the same period, but this is now confined to twenty-one years abso- During the period of twenty-one years, that is, during the infancy of the tenant in tail or in fee, or during the life of a tenant for life, who may live to the age of seventy or eighty years,—if the tenant for life and tenant in tail or in fee do not agree to improve the estate, the lands may remain waste and unprofitable to society. Now it does not follow that be¬ cause society allows property to be inalienable for a certain time such property should remain unproductive and useless 63 during that time, sufficient protection being taken that the remainder man be not defrauded. In an abstract point of view, and in reference to society at large, it may be asked why one estate should be allowed to be unprofitable, and the adjoining estate, not comprising better or more fer¬ tile land, should be in a most cultivated and flourishing 1 con- dition? It is not a satisfactory answer to be told that the one belongs to a tenant for life and the other to a tenant in fee. The object of keeping the estate in the family will be equally attained although power be given to the tenant for life to improve, and charge a portion of the outlay upon the inheritance, and the remainder man himself will be much benefited by coming into possession of lands in a cultivated and flourishing condition, instead of succeeding to an unpro¬ fitable waste. Let us suppose a tract of one thousand acres of reclaimable land ; and we have it ascertained that the cost of reclamation per acre is from 6/. to 13/., and that the land when reclaimed will be worth 10s., 12s. 6 d., 1/., 2/., an acre, even as high as 3/. an acre ; we have it also ascertained that the expense of the reclamation of the mountain bog or waste varies from 1/. 10s. to 3/. 10s., or 4/. 10s.; let, then, an average expense be taken of 71. or 8/.; and let us sup¬ pose the reclamation to be made by the tenant for life, and the inheritance to be charged with three-fourths of the ex¬ pense attending upon the draining, inclosing, and fencing, which is the inconsiderable part of the cost as we have seen, but which when perfected will induce the tenant for life, for his own sake, to proceed with the reclamation, as he will be repaid by the cultivation of the crops: the remainder man would thus succeed to the possession of an estate worth 500/., 750/., 1000/., or 1200/. a-year, charged with per¬ haps 3000/. at the utmost. Can it then be doubted that it is more beneficial to him to succeed to an estate so charged 64 ' in a good state of cultivation, than to succeed to it as mere waste, unprofitable land ? But see the great benefit to society during the life of the tenant for life, say forty years : this land is made productive, the national stock is increased, and fifty or sixty agricultural labourers are supported on these lands. Without necessity therefore it should not be allowed, during the life of the tenant for life, or even during the minority of a tenant in tail or in fee, that the lands should remain waste and unprofit¬ able. There can be no such necessity if safe and proper guards be taken that no fraud be committed upon the re¬ mainder man. The Act of the 10 Geo. III. cap. 51, passed in 1770, already referred to, contains this recital,— tC Whereas it may be highly beneficial to the public if propri¬ etors of entailed estates were encouraged to lay out money in en¬ closing, planting, or draining, or in erecting farm-houses and offices, or outbuildings for the same upon their entailed lands and heritages; and whereas such proprietors may be induced and en¬ couraged so to do, if they, their executors and assigns, were secured in recovering a reasonable satisfaction for the money expended in making such improvements, from the succeeding heirs of entail: Be it therefore enacted, by the authority afore¬ said, that every proprietor of an entailed estate who lays out money in inclosing, planting, or draining, or in erecting farm¬ houses and offices, or outbuildings for the same, for the improve¬ ment of his lands and heritages, shall be a creditor to the suc¬ ceeding heirs of entail for three-fourth parts of the money laid out in making the said improvements.” From the passing of this Act, and the abolition of the he¬ ritable jurisdiction, may be dated much of the prosperity of Scotland. The expenditure is confined by that Act to four years’ value, and the charge is not to exceed three-fourths of the money expended. Due notice is directed to be given to the next heir in tail, and the expenditure is to be annually 65 accounted for before the sheriff’s court, a local court in that country. If such a law has worked beneficially in Scotland, why may we not expect the same success in Ireland ? Mr. Loch, M.P. for Wick, thus describes the result of this law, in his evidence before the Committee of 1835 :— “The Act alluded to is better known in Scotland by the name of the Chief Baron Montgomery’s Act: it is a very useful statute : it has been, with all its defects, very useful in Scotland, and has enabled many heirs of entail to execute improvements which might otherwise never have been made. It has been acted upon in a variety of cases. I have taken advantage of it to the full extent of its powers, in my own case, where I am a trustee under a mar¬ riage settlement, whereby a considerable estate in Scotland is vested in me, and in which instance it would have been impossible to have executed considerable improvements, namely, in repairing the mansion-house, and in building farm-houses and other neces¬ sary buildings connected with the improvements of the farms, in enclosing, planting, draining, and so on, unless such a power had existed ; the proprietor of the estate having succeeded to it under the strictest limits of a Scotch entail, and he was so circumstanced that it would have been impossible to execute the necessary im¬ provements without such a power ; and if such a power had not been acted upon, great injustice would have been done to the younger children, by applying the surplus profits of the estate to the improvement of that which, by the entail, must have all gone to the eldest child. But advantage was taken of the Act alluded to, and all the improvements have been charged upon the estate; and that amount of expenditure so charged has been settled upon the younger children. That is by no means a solitary instance, for in many other cases which might be named the same course has been pursued.” There is this advantage in favour of extending the law to Ireland: the burden may be got rid of upon the succession of the remainder man on his attaining the age of twenty-one years. In considering this case, it should not be forgotten that the settlement of estates is a creature and indulgence of society, and that society should receive as little injury as F 66 possible from such indulgence ; and, therefore, the Com¬ mittee of 1835 recommended— “Tenants for life to have power to charge the inheritance with an outlay to the amount of three years’ value, under the di¬ rections of the Board of Works, for the drainage, embankment, or other permanent improvement, save buildings. The Board, in the first instance, to make a report, in which the feasibility of the improvement, when projected, shall be certified. This report to be laid before a Master in Chancery, with an application from the party to the court and the master, to make due investigation, and if he approve of the project as being of such utility to the estate that the inheritance should bear the charge authorized to be placed on it, then to certify the same to the court, and the certificate to be enrolled for the purpose of title, and the tenants for life to have power to sell or mortgage, to the amount of such outlay, any part of the estate which, or any portion of which is to be improved. Tenants for life paying any portion of the outlay with their own monies, or out of the rents and profits, to be entitled to a charge of that amount in the inheritance, but to be bound to keep down the interest of such charge.” The principle of this measure is recognised in respect of glebes, in Ireland, and in all the Enclosure Acts in England, whereby the tenant for life has the power, with the appro¬ bation of the Enclosure Commissioners to mortgage the allotments with the necessary sum for defraying the ex¬ pense of the enclosure and the fences of the allotment. This principle is also recognised by the Irish Act of the 9th Geo. II., for the increase of plantations. That Act gives to the representatives of the tenant for life one moiety of the value of the timber, within one year after his decease. And by the 5th Geo. III. (Irish) still greater encourage¬ ment is given to tenants, to plant on the lands leased to them. By the proposed bill, the improvements, in respect of which the tenant for life in Ireland is to have the power of charging, are draining, enclosing, fencing, and planting. I do not extend it to the building of farm-houses, as in the 67 Scotch Act; although I think such a power might be safely given ; and certainly, as it must necessarily have the effect of improving the habitations of the people, it would be a most desirable object; but, yielding to the opinion of Mr. Griffith and others, who think that, as buildings are perishable in their nature, they ought not to be made a charge upon the inheritance, and according to the recommendation of the committee, I have omitted this power in the bill. I have also omitted the power contained in the Scotch Act, to tenants for life to lay out two years’ rent in building a mansion-house; but if, in the progress of the bill, it is thought more expedient to insert these two provisions, as to farm-houses and man¬ sion-houses, they ought not to be objected to. The tenant for life, wishing to take advantage of the act, is to apply by petition in a summary way to the Court of Chancery for leave to make the improvements, setting forth the nature of the improvements to be made, and the esti¬ mated cost thereof. A reference is to be made to the master, who is to call for all necessary maps, and plans, and specifications, and is to cause the same to be laid before the Commissioners of Public Works, who are to report thereon to the master, who, upon consideration, is to report to the court as to the fitness and expediency of the proposed im¬ provements and the cost thereof. The commissioners are at liberty to employ a surveyor. The tenant for life being, in the first instance, at all the expense. A copy of every petition is to be served upon every individual interested in the estate down to the person who has the first estate of in¬ heritance, and therefore representing the inheritance. In case of unsoundness of mind or minorities, the petition is to be served on such party as the court shall direct, and each party served is at liberty to attend before the master and the Board of Works on all occasions. Having obtained the sanction of the court, the tenant for life may proceed with the improvements which, when made, he is again to petition f 2 68 the court. Inquiry is then to be made into the expendi¬ ture, and, upon proof being made that the improvements have been properly made, and the money expended to the satisfaction of the Board of Works and the court, the tenant for life is to have power to charge the inheritance of the lands improved, and all lands standing settled to the same uses, under the same limitations contained in the same in¬ strument, with three-fourth parts of the money expended, the money to be so charged in no case to exceed three years’ rent or clear yearly value of the estate, of which the lands to be improved form a part, to be ascertained by the master by reference to the rent paid or clear yearly value for the nine years previously, and the master is to endorse the same on the deed of mortgage. If the tenant for life is obliged to borrow the money he has power to mortgage for the three- fourths of the amount sanctioned by the Board of Works, and he is at liberty to apply to the Board of Works for a loan out of the money at their disposal. The bill extends to all tenants for life, whether legal, or equitable, or en¬ titled for any term of years determinable on a life, and including all corporations, aggregate or sole, all bishops, parsons, and other ecclesiastical persons: but the bill does not enable any lessee to charge or in anywise to affect the interests of his landlord ; but every lessee being tenant for life in possession, may exercise all the powers of the act so as to bind his remainder-man in respect of the leasehold interest, but the leasehold interest only. Fifth Measure. In the leases and exchange bill I have confined the power of leasing to terms for years. The tenant, being aware of the extent of his tenure, will confine or extend his expenditure accordingly; but a lessee for a life, not being able to define with certainty the extent of his term, will be unwilling to lay out any money upon the land, not being 69 satisfied that he will have an opportunity of deriving 1 any benefit. To prevent the inconvenience of the land not being cultivated, the law gives to the executor or administrator of the lessee for life emblements. The same uncertainty, although not in the same degree, applies to a lease for two or three lives; and any expenditure must be either insured against, or the tenant must become his own in¬ surer and speculate on the duration of the lives. Add to this the difficulty of ascertaining, in m'any cases, whether the cestuique vies are living or dead, they may leave the country and not be heard of for years. This is an incon¬ venience felt by the landlord also, and litigation has fre¬ quently been the consequence. A greater degree of security is acquired by means of the covenant for perpetual renewal in leases for lives. But let us consider for a moment the nature of this tenure. It is a lease for three lives, with a right to have another life substituted on the dropping of each life, upon the payment of a certain sum. If the land¬ lord should refuse to renew, the remedy is by a suit in equity, so that the tenure is a lease for three lives with a power to institute a suit in equity to enforce the right under the covenant to renew. Upon the death of the last life the estate of the tenant is gone, and then, or upon the dropping of a previous life, he has to discover the lessor to demand the renewal, and, if refused to bring his suit; and it may so hap¬ pen that the lessor is out of the jurisdiction of the court: I admit, however, a remedy is provided in case of a lessor being out of the jurisdiction in clear cases, but this remedy is attended with some expense. Should the lessor be within the jurisdiction, and refuse to renew, a heavy and expensive suit is the consequence. The payment of the fine not being a regular payment,— although in many cases the fine is not heavy,—the tenant is not prepared; he neglects to renew; by that neglect he may forfeit his right, or, if he does not, he has to account for the 70 fine and interest, and septennial fines, as they are called. This was too much the case in Ireland, relying upon the relief given in courts of equity on the ground of giving the lessor compensation (the fine being a money payment) by means of interest and septennial fines. The system was considered the common equity of the country; and litiga¬ tion to a great degree was the consequence, until some doubt was thrown upon it by the House of Lords in Eng¬ land, when the Tenantry Act was passed, wherein the equity to relief giving compensation was acknowledged, but giv¬ ing the lessor the right to demand the payment of the fines, and to require the tenant to prepare and execute fresh leases; and which, if not done within a reasonable time, the right to be relieved was forfeited. It was impos¬ sible for the legislature to define the exact time, which in some cases, if defined, might be too large, and in other cases too small. It was therefore left open to deter¬ mine what was a reasonable time in each case, according to the circumstances; but this again gives rise to great litigation; and the cases reported in Ridgway’s Parlia¬ mentary Cases, in the Reports of Schoales and Lefroy, and Dow and Bligh’s Reports, bear ample testimony to the abundant litigation between landlord and tenant. Considerable complication arises respecting this tenure; for the lessee for lives renewable for ever leases himself for lives renewable for ever, covenanting to renew to his tenant when he renews himself. And again, this second lessee for lives also leases for lives renewable for ever with a similar covenant; and this is often repeated four or five times in respect of the same property, and is what is called the toties quoties covenant. Now, it is evident that all these derivative lessees are at the mercy of the first lessee: for, if he commits a fraud upon the landlord by concealing the death of the cestuique vies , and thereby endeavours to get rid of the tenure or otherwise, or 71 if he neglects, after demand made, to renew within a rea¬ sonable time, he forfeits his right of renewal, and, with the loss of that first interest, all the other derivative interests are gone. And again, if this property be put into settlement by the first lessee, he being tenant for life of the lease¬ hold interest, he may, by his fraud or neglect, forfeit the rights of all other persons claiming under the settlement. Lord Redesdale, in Jackson v. Saunders, one of the liti¬ gated cases, describes another inconvenience of this tenure in the following clear and convincing manner:— “ When it is considered that these leases are often granted by persons who have themselves renewable interests, and that the means which such persons have to pay their rent and fines arise from the rent and fines payable by their tenants, who may them¬ selves underlet to others, and such underletting repeated four or five times; if the person who has the reservation on the last un¬ derletting (and who is to renew with his immediate landlord, and he with another, and so on) is to encounter a considerable delay after a demand of this description, I do not know what security the intervening persons have for their property; for if the person last holding withholds payment from his immediate landlord, all the intermediate tenures may be put in great hazard. 5 ’ The lessor is often on the watch for some breach of cove¬ nant to get rid of the lease, and with it the covenant to renew. Herein also arises frequent and annoying litiga¬ tion. Such are the inconveniences attendant upon this te¬ nure, so far as respects the lessee. Let us now consider how the lessor is affected. That such a tenure should ever be adopted by landlords, can only be accounted for by the con¬ fiscations of the landed properties of Ireland. Lord Clare, in his celebrated speech upon the Union, says-— “ It is a very curious and important speculation to look back to the forfeitures of Ireland incurred in the last century. The superficial contents of the island are calculated at 11,042,682 acres. Let us now examine the state of the forfeitures. f 72 In the reign of James I. the whole of the province of Ulster was confiscated, containing Set out by the Court of Claims at the Resto¬ ration ...... Forfeitures of 1688 . ACRES. 2,836,837 7,800,000 1,060,790 Total . 11,697,629 So that the whole of your island has been confiscated, with the exception of the estates of five or six old families of English blood, some of whom had been attainted in the reign of Henry VIII., but recovered their possessions before Tyrone’s rebellion, and had the good fortune to escape the pillage of the English Re¬ public inflicted by Cromwell; and no inconsiderable portion of the island has been confiscated twice, or perhaps thrice, in the course of a century.” The persons who acquired rights under these confisca- J tions being unwilling to reside in Ireland, and wishing to retain the reversion in their properties,—the remedies for recovering fee-farm rents not being as complete as for the recovery of rents attendant upon the reversion,—thought of this tenure; and this, I believe, is the origin in Ireland of leases for lives renewable for ever. It has been said that these lands were originally copyhold lands, and were con¬ verted into freehold tenure in this manner; but whatever the origin may be, it is, I believe, true that one-seventh, at least, of the whole kingdom is subject to this tenure. It is clear, also, that a landlord letting property in this way, in effect abandons all interest in it, and has no inducement to take a part in its improvement ; and we have seen the rea¬ son why the tenant cannot take or have the same induce¬ ment as if he was absolute owner in fee: that he has not the same power over the property, has been decided by that very able judge, the present Master of the Rolls in Ireland, in the case of Hunt v. Brown, who makes the following correct observations, which, coming from him, who is so 73 well acquainted with this tenure, are most important. He states— “ Every day’s experience shows how very uncertain the du¬ ration of an interest under such a tenure is; forfeitures of the right to enforce a renewal daily occur, through the neglect of tenants or the dexterous management of landlords. Covenants, treated in some cases for more than a century as entitling tenants to renewals for ever, have been constructed by courts of justice as not conferring any such right. Any person who is much engaged in the investigation of titles under leases for lives renew¬ able for ever, will find, in almost every abstract of such titles, a statement of the result of one or more suits in equity for en¬ forcing the right: the usual statement is, the right to a renewal having been questioned, it became necessary to file a bill for a renewal.” It has been decided by a committee of the House of Com¬ mons that such a lease does not give a qualification under the statute of Anne. The accuracy of such a decision, when one of the cestuique vies may be the person entitled to the property in possession, may well be doubted. The diffi¬ culty of discovering the deaths of the cestuique vies is often attended with considerable inconvenience, and perhaps with great loss to the lessor; and in cases of mere neglect, where the tenant enforces a renewal on being made to pay the fine with interest and septennial fines, it is absurd to say that thereby compensation is given to the landlord. The land¬ lord stipulates that on the dropping of each life a fine is to be paid and a new lease executed; but a court of equity decrees, that in cases of mere neglect, at almost any distance of time, a renewal will be enforced, making the tenant pay his fine with interest and septennial fines; as if a sum of money, although increased by interest, received by a land¬ lord at one period, is equivalent to his receiving a similar or a less sum at an antecedent period—the use which the lessor might make of the money is entirely forgotten. mmv&m*- 74 Mere simple interest is clearly not an equivalent, even coupled with septennial fines; and it may so happen that his receiving the fine at the dropping of the life might have saved him from bankruptcy and ruin, whereas his receipt of the larger sum in twenty years afterwards, when in affluence again, may not be of the slightest consequence to him. There is another party also that suffers by this tenure, and that is the public; for instead of landlords occupying and improving their own estates, in immediate connexion with their tenants, and encouraging and assisting them in improvements, and instead of tenants having a cer¬ tain fixed term in the property, by which they could safely measure their expenditure in the way of improvement, the landlord neither has, nor can have, an interest in improving the property, and the sub-tenants will not improve when they have no certainty that the property so improved by their means will descend to their posterity. This tenure being founded on absenteeism, also takes away all inducements from landlords to reside in Ireland; and there is no reason why they should, for they have no land to manage or improve. Without imputing to ab¬ senteeism all the evils which some people are apt to attribute to it, on the other hand it cannot be denied that the owner of an estate, by residing on his property, has more frequent opportunities of attending to the wants of his people than when residing at a distance ; and improvement must be forced on a resident landlord, if he possesses the least intellect or humanity. Indeed it may be said that there are two sets of nonresidents—those who look after their property, and those that do not. Unfortunately for Ireland, many of her non-resident landlords are of the latter description, and this tenure necessarily increases the num¬ ber. A non-resident proprietor may be a better landlord than a resident, but it does not necessarily follow that he is. 75 but rather the contrary is to be inferred; and it is there¬ fore incumbent upon him,, in the first place, to employ a person on whom he may rely as to the management of his estate, always bearing in mind that mere receipt of rent is not management: he should employ] an agent who will act kindly, leniently, and honestly towards his tenants; who will look after the cultivation of his estate, and prevent the land from being improperly used; who will encourage and assist the tenants in making improvements. A good landlord is sometimes held to be a man who in¬ dulges his tenants, by allowing them to run in arrear, and does not look to his estate. A little reflection will show that such a man is not a good landlord, but the reverse : he neglects his estate, he increases not the com¬ fort of his tenants, and he encourages them in idleness and sloth; and this continues till they are overpowered with ar¬ rears, all the while continuing within the power and the grasp of the landlord, who may pounce upon them and dis¬ train, on any day they may displease him. Such a system is ruinous to landlord and tenant. A good and faithful agent is not enough: the landlord should himself visit the property as often as he can, and watch, encourage, and as¬ sist the operations of the occupiers of small farms : he should ascertain what general improvements ought to be made in draining, irrigating, and cultivation. He should settle his accounts with his agent at least every year; and closely attend to the mode of letting, and the mode of settle¬ ment practised. A duty is cast upon the owner of every estate, that by his management of that estate the public and the state do not suffer; and this duty is inde¬ pendent of the moral and religious obligation thrown upon the landlord to secure, in as much as he can, the comfort and happiness of his tenants. I trust I have shown that this" tenure should be altered; 76 and it may be altered without injury to any individual. A bill should be passed, enabling all tenants for life and other incapacitated persons to sell to the lessee the reversion in these properties, with the approbation of the Commissioners of the Board of Works, or commissioners to be appointed for that purpose, and upon notice to the remainder-man, and to receive either an equivalent in land, to be settled to the same uses as the reversion, or a gross sum of money, to be laid out under the approbation of the Court of Chancery, to be obtained in a summary w r ay, in the purchase of other lands, to be settled to the same uses as the reversion sold. In like manner all tenants for life and other incapacitated persons interested in the leasehold should be enabled, with the same approbation and consent, and upon the same notice, to buy the reversion, and either to give an equivalent in land or a gross sum of money; and for that purpose to raise the gross sum upon the land which shall remain disencumbered of the term. In respect of the derivative leases to which I have already referred, in which the toties quoties covenant, as it is called, is contained, I would confer the same powers. For five years this conversion should be voluntary, but after five years it should be compulsory upon all owners of the reversions and all lessees for lives renewable for ever, upon the same principle as the tithe commutation in Eng¬ land,—the Board of Works or commissioners appointed for the purpose to determine the terms. In this manner the landlord would, instead of the rever¬ sion, have an estate in possession, over which, and in the ma¬ nagement of which he would have control, or with the occupiers of which he would be in immediate connexion, and who would thereby be induced to attend to the improve¬ ment and proper cultivation of the property; and the lessee would be absolute owner and have the absolute control over 77 that part of the property which would remain with him. The advantages to the landlord and the lessee would be ne¬ cessarily great: the advantages to the public would be still greater, for instead of non-improving lessors and lessees, as under the present tenure, both lessors and lessees would have an interest to improve and to attend to their properties. A bill similar in principle as to copyholds in England was last session introduced by the Attorney-General for Eng¬ land. It was read a second time, and referred to a select ■* committee. That committee was composed of most of the real property lawyers in the House, and many lords of manors, and amongst them Sir Robert Peel and Mr. Shaw Lefevre. They agreed to a report in which are contained recommendations as to the enfranchisement of copyholds very similar to those I have suggested as to the leaseholds for lives renewable for ever. In the bill introduced there was an option of giving and receiving an equivalent in land, or a gross sum of money, or an annual rent. This provision as to annual rent I have not inserted in the bill I have pro¬ posed, because although litigation and complexity of the titles would be got rid of, and also the uncertainty of tenure on behalf of the tenant, yet the landlord would continue to be a mere receiver of rent without having any interest or control in or over the management of the property. My friend, Mr. James Stewart, the member for Honiton, has prepared a bill carrying into effect the recommendations of the committee, which I trust will receive the sanction of the legislature, and which will serve as a precedent and a guide for the conversion of this tenure in Ireland into fee simple. Sixth Measure. There is no greater obstacle to the improvement and cultivation of land, and consequently to the employment of the people, than the holding of property in undivided shares, whether as parceners, joint tenants, or tenants 78 in common ; and the same observation applies to the case of confusion in and non-ascertainment of boundaries. Every facility should therefore be given to parties holding undi¬ vided shares to have a partition made, so that the share of each may be held in severalty and in like manner as to the determination and fixing of boundaries. In cases of par¬ tition the old remedy was by writ at common law, but which being very defective, recourse has within late years been had to the Court of Chancery, which by means of its power over parties and of directing the necessary convey¬ ances to be made, gives an effectual relief, but, I regret to say, by a very tedious and most expensive mode of proceed¬ ing. A bill is filed, answers are put in, the cause regularly set down for hearing, a decree obtained, and by that decree the relief which might have been given at once is granted, viz. a commission directed to certain individuals to divide the land in severalty. During this tedious process parties may die, others may marry, or become bankrupts or insol¬ vents, in all which cases it is necessary to file bills of re¬ vision or supplement, all which is attended with further delay and expense. I know a case at this moment depend¬ ing in the courts in Dublin, where the bill for a petition was filed in 1822, and no decree has as yet been obtained. A great portion of this delay is of course attributable to the parties themselves : many deaths and other alterations in the condition of the parties have occurred, upon each of which occasions ample opportunities were given for delay and ex¬ pense, until at length the parties are disgusted with the whole proceeding. A power of partition is contained in every well-drawn set¬ tlement or will in England, and is generally given to trustees with the consent of the tenant for life. If all the parties in¬ terested were invested with such power, or were absolutely entitled, there would of course be no necessity for applying to the court at all. Unfortunately these powers have not 79 been thought of in Ireland, hence the necessity of inter¬ ference ; and my proposition is, that every person entitled to an undivided share, whether for an estate for life or any greater estate, should be at liberty to apply to the Court of Chancery, by petition in a summary way, for a partition, and that the court should thereupon at once, or, after a re¬ ference to the master, give all necessary directions for a par¬ tition, and direct all necessary conveyances to be executed. Provision is then made by the bill for the application of ■* money to be received, by way of equality of partition, in the purchase of other lands under the direction of the court, to be settled to the same uses, and power is given to the tenant for life, with the approbation of the court, to raise money for equality of partition. Provision is then made for due notice of the proceedings being given to all parties interested. By the sixteenth section of the 41st Geo. III. cap. 109, the General Enclosure Act, it is enacted—■ ‘ 4 That it shall be lawful for any such Commissioner or Commis¬ sioners, and he or they is, and are hereby authorised and empow¬ ered (upon the request in writing of such joint tenants, or co¬ partners, or tenants, in common, or any or either of them, or of the husbands, guardians, trustees, committees, or attorneys, of such as are under coverture, minors, lunatics, or under any other incapacity, as aforesaid, or absent beyond seas, to make partition and division of the messuages, cottages, tenements, lands, and allotment or allotments, to such of the said owners or proprietors who shall be entitled to the same as joint tenants, co-partners, or tenants in common, and to allot the same accordingly to such owners and proprietors in severalty. And from and immediately after the said allotments shall be so made and declared, the same shall be holden and enjoyed by the person or persons to whom the same shall be allotted in severalty, in such and the same man¬ ner, and subject to such and the same uses as the undivided parts or shares of such estates would have been held, in case such partition and division had not been made.” Objections have been made to these powers of leasing and exchange, and also of partition, on the ground of their hav- 80 ing a retrospective effect; but this objection would equally apply to the Scotch Act of the 10th Geo. III. cap. 51, and the Act relating to Scotland of the 5th Geo. IV. cap. 87, as well as to the General Enclosure Act; and this objection can have little effect, when it is considered that the granting- of these powers is to supply what must be considered omissions in settlements and wills, and that no injury can arise to any one, nor is the interest of any third party sacrificed. Now, with respect to disputed boundaries, of which I re¬ gret to say there are many cases in Ireland, the Railway Commissioners, in their report, state— “ Another subject of angry contention before the same tribunals (courts of petty sessions) is furnished by ill-defined boundaries, neglected fences, and consequent trespass, between the neigh¬ bouring tenants of the small divisions of land above described. More time and money are commonly wasted in such contests than would suffice to repair all the damage which forms the ground of quarrel; and animosities are engendered, which often lead to feuds of a lasting duration and the most deadly conse¬ quences.” Besides, it will become essentially necessary to have these boundaries settled according to the progress made in culti¬ vation. The present remedy is by ejectment, and which, after useless delay, and going through the unnecessary forms of filing a declaration, putting in a plea, filing, replication, joining issue, and sending the record down to the assizes ; and after delivering of heavy briefs with suitable fees, and the expense attendant upon the bringing of witnesses to the assize towns, generally ends in the appointment of one or more persons as arbitrators to settle the bounds, or the jury proceed to a view. I do not see any good reason why all that part which is played in the court above should not be abolished, and that a petition in a short form, and in a summary way, should not be presented to one of the going judges of assize, pray- 81 ing that the boundaries in dispute may be settled ; and, ac¬ cordingly, this provision is contained in the proposed bill; and the judge is thereupon directed to appoint a person as a referee, to ascertain the identity of the lands, and the boundaries thereof mentioned in the petition. The duties of the referee are then defined. He is to inquire whether any doubts exist as to the boundaries, and if there are any, he is to cause all maps and surveys in the possession of the par¬ ties to be produced, and he is to cause the attendance of all necessary witnesses ; he is then to make his award, and also to cause a map or plan to be made, according to the boun¬ daries ascertained by him. He is directed to give notice of his intention to proceed in the inquiries, in order that all parties interested may attend ; and he is also to give notice of his award, and of the place where it is lodged, in order that all parties may have access thereto. An appeal is then given to any party dissatisfied to the next-going judge of assize, who may, if he thinks proper, summon a jury; and the decision of the judge or verdict of the jury will be con¬ clusive. And the award so finally settled is to be depo¬ sited with the clerk of the peace. The advantages of this measure are, the great saving of time and expense to the parties, which, by the present method of ejectment, are incurred without any object whatever; and this is a most fit opportunity for such a measure to be passed as the surveys made by the officers employed in the Ordnance Survey will be of course used, and advantage taken of them, by the re¬ ferees, and all deference paid to them, prepared, as they have been, with all due care and attention, by experi¬ enced and skilful men. When the multitude of disputed cases of boundaries in Ireland are considered, and the disas¬ trous quarrelling and fighting which are consequential, (for the tenant takes in general a livelier interest in the bounda¬ ries than the landlord,) no doubt can exist of the necessity of G 82 a measure whereby these boundaries may, in a summary way, and at a cheap rate, be ascertained and finally settled. The Ordnance Survey only finds for the purposes of taxation, but not as to title or enjoyment. Can any objection be taken to the proposed measure ? The summary proceedings before the judge, and getting rid of the proceedings in Dublin, cannot, I conceive, be found fault with. If, then, the appointment of the referee be ob¬ jected to, I appeal to the Scotch Act, already referred to, whereby the sheriff in Scotland, respecting exchanges, is authorized to appoint persons to ascertain the value of the estates proposed to be exchanged. I appeal to the present system of proceeding under commissions of partition, di¬ rected by the Court of Chancery. I appeal to the autho¬ rity given to the commissioners, under the General Enclosure Act, of ascertaining boundaries; and to the bill brought in last session by her Majesty’s Attorney-General for England, intituled “ A bill to authorise the identifying or ascertaining of the boundaries of manors and lands, where such bounda¬ ries are confused or unknown.” If it should be thought proper that more than one referee should be appointed, with an umpire, I should not object; but as the referee, as pro¬ posed by the bill, will be appointed by the judge, and not by any of the parties, I think the appointment of a single referee preferable. Seventh Measure. A very large sum is levied annually in Ireland, by grand juries, to repair public roads, and the work is performed by contract. These contracts are generally given to occupiers of small farms, who prefer getting money in this way, from the county, to the proper cultivation of their land, and who employ their sons and relations, also holders of small farms, to assist in this occupation, which requires their time at the 83 very season of the year when agricultural labour is most required. It may be doubted, for other reasons, whether the system of getting these works performed by contract has answered; and certainly it has not fulfilled the expectation of the people. The contractor^ must give security ; and to obtain that security from his landlord or rich neighbouring landlord, he must give an equivalent, which is the employ¬ ment of the tenants of his sureties, whether fit or not; and thus the country is altogether deprived of the benefit of com¬ petition, for those only who can procure security receive the contract. It is, however, an improvement upon the old job¬ bing system of landlords, who sought the presentment or authority for the work, and employed their own poor tenants, who executed the work very imperfectly. There is now, in addition to the contract, the check of supervision by the county surveyor; but, without any reflection upon the dili¬ gence of the county surveyor, I believe it will be conceded that the maintenance of roads might be provided for in a way more advantageous to the community. At present the large sum of 400,000/. is levied off* the people by individuals who derive their power independently of the body of tax-payers—individuals nominated by the nominee of the crown, selected annually from among them¬ selves, and who constitutes the grand juries without any inquiry as to qualification, either according to some settled system of rotation conducive to their local interests, or through party views, or the influences of family ties or social friendship. It is not, however, to be inferred that there are not many most honourable, conscientious, and able men on grand juries. I assail but the principle of the system, in which there is nothing to prevent abuse of power and neglect of the public interests. The grand juries are not the representatives of the people ; and the first object of my measure is to transfer the management of fiscal affairs o 2 84 from these bodies to others, constituted by the free votes of the rate-payers apportioned according to the property of each. I propose that these bodies shall be constituted annually, and assemble weekly. I denominate them, in my Bill, “ Board of Supervisors,” for levying and applying rates for maintaining public roads. At first I proposed that the Board of Public Works should divide the counties into dis¬ tricts; but now, looking to the local arrangements in pro¬ gress under the Poor-law, and to the necessity of having the same local divisions for all local purposes of a public nature, I propose to adopt the Poor Law unions ; but if another district division should be preferred, in order to prevent the possible danger of the Board of Guardians being constituted the Board of Supervisors, I should not object. I also propose to use the same valuations for rating as shall be used by the Poor Law Guardians, and consequently to extend the rates to the same hereditaments as are to be rated for the poor; and I wish to adopt the same rule in determining the num¬ ber of members of which each board should consist as the Poor Law Commissioners may establish in their unions ; but using their electoral divisions only for the elections, there being no end to attain by limiting the rating to these divi¬ sions for the maintenance of roads, as there is in rating for paupers and the checking of pauperism. It is further pro¬ posed to give to the Board of Public Works for Ireland similar powers and authorities of control and direction y over the district boards as the Commissioners of Poor Law have over the Boards of Guardians. This is necessary for the sake of uniformity of system throughout the country, for the sake of insuring economy, and as a preventive against jobbing, and at the same time insuring to the public the certainty of the roads being properly main¬ tained. The bill then provides that the maintenance of the pre- 85 sent roads within each district, and the making of such new roads as shall be determined upon for each district, or the portion passing through the district, shall be made under the supervision and inspection of the district board. The bill then specifies the powers for levying the rates, to be thenceforth applotted on the new districts instead of baronies. The barony divisions are too irregular to become districts for any local purposes: in some counties they appear on the maps like the toys called Chinese puzzles, and in every county they are very unequal in extent. The county surveyors are to make all necessary sur¬ veys and estimates for the improvement and alteration of existing roads, and for the formation of new roads when required; and it will be also their duty to report to the boards the state of the roads, pointing out the repairs or improvements which appear to be necessary. When works are to be executed, subject to plans and speci¬ fications approved by the Board of Public Works, a time is to be fixed for the execution of the work; and overseers are to be employed to inspect materials and the progress of the work, making weekly returns to the Board of Supervisors. The Board of Supervisors may borrow money from indi¬ viduals or from the Board of Works. The requisite powers for auditing accounts and general management are also contained in the bill. In England the parishes, and not the counties, contribute ' to the support of the highways, whilst the counties contri¬ bute to the support and repairs of bridges. Let me not be misunderstood that, in referring to the example of England in this respect, I approve of her present faulty system, which will be unsatisfactory until based on the representa¬ tive principle. The surveyor, however, who has the care of the roads in England, under the control of the justices of the peace, is elected by the parishes at vestry. A skil¬ ful person may be appointed by the justices as a district > surveyor for several parishes, but he does not interfere with the levying of the rate in each parish. The import¬ ance of having an elective board has been so strongly felt in England, that, in the last act relating to highways, which was passed in 5 & 6 Wm. IV., cap 50, intituled o proposed to drain the bogs. £. s. cl. Feet. Feet. Ft. Feet. 77,017 19 8 312 228 41 22 to 25 Feagile and other streams that fall into the Barrow. 66,978 8 8 329 203 41 22 to 25 Ditto. 75,065 6 7 350 232 40 22 to 25 Streams which discharge into the Boyne. 87,233 13 8 324 125 45 22 to 25 Ditto iuto the Brusna. 63,435 7 li 288 128 44 30 Blackwater, Brusna, and Shannon. 17,284 10 0 268 191 47 30 to 35 Camlin and Inny. 99,350 7 9 415 204 45 20 to 30 Streams which discharge into Lough - Gara. 58,647 17 1 488 340 33 16 to 20 Streams which discharge the Nore and Suir. 17,215 2 0 418 282 35 18 to 20 Streams which discharge into the Nore and Barrow. 31,728 12 6 139 64 35 15 to 20 Dunbeg, &c. 19,824 3 0 257 227 36 20 Barrow. 117,982 0 0 326 46 45 15 to 20 Streams which discharge into Lough Corrib. 184,928 10 2 488 54 42 8 to 16 Lough Mask, Lough Conn, and Clew Bay. 51,884 0 0 200 93 » • • 4* Blackwater, Bann, and Lough Neagh. 18,208 11 11 250 75 25 5 to 12 Cashen, &c. 13,488 8 10 300 200 20 20 Blackwater, &c. 19,855 7 9 160 25 20 6 Lakes of Killarney. 7,014 17 9 200 38 22 10 to 15 Gheestan and Laune. 19,405 8 10 700 250 32 6 to 12 Blackwater, Coolraa, &c. 29,937 19 4 110 35 32 12 to 20 Cashen. 13,315 0 0 229 144 43 20 to 30 Shannon. 98,318 12 10 284 126 30 20 to 25 Loughs Corrib, Mask, Gara, and River Suck. 59,708 2 0 1,277,828 7 5£ i 1 300 150 20 15 Suck. r \ 120 APPENDIX, No. 4. IRISH WASTE-LAND IMPROVEMENT SOCIETY. Report of the Directors read at the Half-yearly General Meeting of Proprietors, on Thursday, 6th September, 1838, Colonel Robinson in the Chair. The directors of the Irish Waste-Land Improvement Society, in laying before the shareholders their periodical Report, have the pleasure to announce that the progress made, and the information obtained during the past half-year have been alike satisfactory. In pursuance of the intentions stated at the last meeting, the directors have taken a lease of an estate in Sligo, containing about 5,700 statute acres, on the possession of which they entered at Lady-day; and they have since been actively engaged in carrying on there the works of draining and fencing. A part of the estate is already divided into farms, and the roads, which had been before laid out, are undergoing a thorough repair. The very favourable reports previously received by the directors of the superior quality of this land have been most fully and satisfactorily confirmed by one of their own body, who has recently visited the estate; by an experienced agricultural agent, who was sent over in the spring of the year to inspect this and other estates of the society; by Mr. Cooper, the surveyor, who is frequently on the spot; and by Mr. William Jamieson, the resident steward, who states the pasture on the high ground to be the best he has ever seen at such an elevation, and particularly well sheltered. The directors have taken steps to avail themselves of this advantage during the progress of reclamation, so that the land may yield a return even from the present season. Mr. Jamieson, under whose care the estate has been placed, is an able agriculturist, and pos¬ sesses, in addition to a thorough knowledge of the Scotch system of fanning, the advantage of considerable experience in Ireland ; and the directors having thus commenced operations in this quarter under very favourable auspices, anticipate a result proportionably successful. On the estate in Galway the course of reclamation is also rapidly advancing; much pr ogress has been made in the main drains and boundary fences ; a lime-kiln has been built, and a large quantity of lime made; a steward’s lodge has been commenced, and several acres of land brought into a state of preparation for a crop of rape. This estate is placed under the care of Mr. George Comerford, a steward of whose ability the directors have received strong testimonials. The outlay of money on the estate in Limerick is to be made by the proprietor himself, subject to the approval of the directors. The documents necessary for carrying this arrangement into effect have been prepared, and will be acted upon forthwith. The directors have recently received an offer of 6000 acres of land in the county of Kerry, and another of about the same quantity in Mayo, both of which are now under consideration; and they will extend their inquiries to other estates on the western side of Ireland, in order that their operations may be as much as possible concentrated. It must be evident, that in an undertaking like the present very much depends on the existence of a good feeling between the in¬ habitants of the country and the agents employed by the Society. The directors have every reason to be satisfied in this particular: all accounts concur in showing, that the agents hitherto appointed are exceedingly well received, and that they experience the cordial co-operation of those around them. This fact, and the eagerness manifested to become tenants of the Society, sufficiently evince the popularity of the measure in Ireland, and justify the expecta¬ tion that it will prove a national as well as an individual benefit. With these pleasing prospects before them, the directors have only to regret that the funds placed at their disposal are not more 122 adequate to an extensive scale of operations. After giving the utmost indulgence in regard to the call made on the 25th January last, the directors have felt bound, as an act of justice to those proprietors who have evinced their confidence by responding to it, to declare forfeited (subject to confirmation by a general meeting, of which due notice will be given) all shares on which payment had not been made by the 30th ulto. A resolution to this effect was accordingly passed on the 2d instant, and the number of shares so declared forfeited amounts to 4,521. Far, however, from allowing this circumstance to discourage them, with respect to the ultimate success of the undertaking, the directors rather deem it a motive for increased activity, energy, and perseverance in its prosecution. And it will at once be apparent to those pro- prietors who have paid the call, that the capital which they have subscribed will become a bond Jide one, applicable to the real objects of the Society, inasmuch as the amount of the deposit on the shares forfeited will be more than adequate to defray all the preliminary expenses incurred in the formation of the Society. Fully satisfied as the directors are of the profitable nature of the measure, they are anxious that the result should be shown, even though on a limited scale, and feel convinced that, so soon as this is done, they shall receive from their shareholders and the public at large, such increased support as will enable them eventually to carry out the objects of the Society to an extent commensurate with their importance. The directors now beg to submit the annexed Abstract of Receipts and Expenditure for the half-year ending the 30th June last, showing a balance in hand of £4,400. 105. 8 d. The number of shares disposed of is 7,081, and the amount paid on the call up to the 30th ulto., £2,560. Bv order of the Court of Directors, «* * JOHN WILKINSON, Secretary . 8 th August^ 1838. 123 ABSTRACT OF RECEIPTS AND EXPENDITURE For the Half-year ending 30 th June , 1838. Receipts . £. s. d. Balance from last account, 31st December, 1837 . 464 3 11 For £2,400 Exchequer Bills, and Interest, s\)ld at 55s. premium.. 2,511 10 2 For first call of £l per share on 2,224 shares, paid to date.. 2,224 0 0 Payments. On account of works on the estates in Ireland.. Salary and expenses of agent on journey to the estates. Travelling expenses of directors on visit¬ ing the estates in 1837 and 1838 . . Law charges for leases. Allowance to directors, for half-year, as per vote of last general meeting . . Salaries. Rent. Bill for the seal of the Society, and press for same. Advertisements and printing . . . . Sundries per petty cash. £5,199 14 ef • S. d. 315 13 0 38 11 9 36 11 0 80 3 10 105 0 0 69 10 0 95 5 0 15 15 0 6 13 6 36 0 4 - 799 3 1 5 Balance in hand 30th June, 1838 . . £4,400 10 8 124 APPENDIX, No. 5. PROVINCE OF ANTWERP. Extracts from the Speech addressed to the Provincial Council of Antwerp, by the Governor of the Province, on opening the Session of 1837. On Roads and Itiland Navigations. Means of communication by land and water, are among the most powerful elements of public prosperity, and the most im¬ perious public wants. The council did not hesitate to appropriate in the budget of the present year 700,000 francs, for the completion of the roads which are to unite Aershot and Herenthal, with Mechlin and Leirre; and for the making one of our rivers navigable, which seems only to need some intelligent efforts of art, to carry ac¬ tivity and fertility into a country now inert and sterile The loan of 500,000 francs, destined to cover a part of the expense, has not been touched, because the ordinary resources of the budget have provided for the first outlay. The consideration of two roads has been especially recom¬ mended; that of Wolvertham towards Tamise, and that of Mechlin towards Ghiel, Several of the communes interested, have offered to assist by subsidies proportionable to their means. The deputation has attended to the recommendations that have been made to it, relative to the measures to be taken for the improvement of the navigation of the Rupel, and the erection ofa bridge over the same river, opposite the important commune of Boom. 125 Consulted on the part of government, upon a general system of small navigation and irrigation, to be executed in the Cam- pine, the council has decided in favour of the utility of such a project, laying down as a principle that the works should be exe¬ cuted by the government. Such appears to us to be the urgency of efficacious arrange¬ ments for the police, and maintenance of parish roads, that if a law were to be still longer delayed it would perhaps be wise to order a provisional regulation in a branch so important to the administrative service, for which the existing'regulations appear to be insufficient. In addition to the two projects of roads to which you directed our attention, the deputation has thought of several others ; the budget of expenses and wants will give you the details. The utility and possibility of the execution of these projects have been acknowledged in principle, but still require more deep considera¬ tion. It belongs to you, gentlemen, to determine the order in which the interest of the province, and distributive justice, de¬ mand them to be executed. You will not only show regard to the offers of concurrence made by the localities interested, and already possessed of local communications ; but also to the wants of those, who, more destitute and poor, are waiting only for these elements of social life to raise themselves to the condition of the first; and in their turn contribute to the general welfare. On Schools and Churches. If we consider the communications as the principal arteries through which circulate the life of population; if they merit the first rank in our solicitude, we must not, however, restrict to them the intervention and cares of the administration. * * * A great number of communes are in want of schools, or require better than they have. In many others, the buildings dedicated to religious purposes are no longer fit for the extended popula¬ tion ; and we propose to you, gentlemen, an augmentation of funds destined for their enlargement. 126 On Agriculture. With the view of giving to agriculture more direct and effica¬ cious encouragement, we also propose to you to enlarge the sum voted last year, reserving to ourselves, with your instruc¬ tions, to determine the best employment of it. On Legislative Interference and Aid, for effecting Territorial and Social Improvements. In our times the power of private associations is often cited ; but what then is the public administration ? What are you, gentlemen, but a powerful association, united, not for views of private interest, but with the desire, the will, the mission, of ameliorating incessantly, the moral interests and situation of 350,000 citizens whom you represent. PROVINCE OF ANTWERP. Extracts from the Report of the permanent Deputation of the Provincial Council. 1st July, 1837. Sittings of the Council . The sittings of the provincial council of 1836, opened the 6th of October, and closed the 26th. In this interval of 20 days, there were in all ten public sittings. Provincial Electors. The number of provincial electors is now 4748, divided in the following manner :—■ Canton of Antwerp,—City . . . 1120 Other portions 205 Canton of Brecht . » • ® - 1325 . . 157 5 J Contich • • • . . 381 •> > Erckeven * « • . . 192 ? 5 Santhoven • • 9 . . 134 5 * Wilryk 9 • * . . 124 5 5 Duffel 9*9 . . 120 5 > Heystopdenberg . . 203 5 ) Lierre • 99 . . 253 5 5 Mechlin . • • • . . 606 9 J Puers 9*9 . . 237 5 i Arendouck C • • . . 70 i J Herenthals * * • . . 209 Carried forward . . 4011 128 Brought forward . . . 4011 Canton of Hoogstraten. . . . 121 ,, Moll . . . 238 ,, Turnhout ... 197 , , Westerloo . . . 181 4748 Communal Administration. It was daring the session of 1830 that the installation of the new communal administration took place. Most of the old mem¬ bers having again been honoured with the suffrages of their fellow* citizens, the government in some measure associated itself with the wishes of the electors, by retaining at the head of the ad¬ ministration almost all the burgomasters and aldermen re-elected. In the communes, where these would not or could not be con¬ tinued in their functions, its choice was in general fixed upon the councillors that had obtained the greatest number of votes, and if any deviations were made from this rule, it was when the duties and interests of the commune rendered them indispensable. The same line of policy has been followed in the choice of secretaries. ***** The collectors have been continued in their employments. Two or three have been dismissed by the local authorities, and the deputation ratified these acts of severity, that the example might retain the other functionaries in their duty. Creation of Communes. The provincial administration has received many demands for the creation of new communes. ***** It may so happen that they take their source less from the real wants of the inhabitants, than from ambitious views and personal interests. The mass of petitioners are often violent for changes, of which, if more enlightened, they would dread the conse- 129 quences. It. is not that two localities constituted into one com¬ mune, may not have an interest in separating; but too often they only consider their association under the unfavourable view, without recollecting the advantages presented by the other side. United, they are better able to bear the charges,by sharing them; left to themselves they remain powerless, when they might, by associating their efforts and by directing them to the same end, work most usefully towards their common welfare. The Communal Law has pointed out no rule relative to the ■% disuniting of communes; but foreseeing the neglected state in which the administration of the communes might leave the ham¬ lets which belong to it, has left to the deputation to determine, according to the population, the number of councillors to be elected in each section. Provincial Income and Expenditure. The provincial budget for the year 1836 was definitively settled by a Royal Decree of the 31st March, 1836, to a receipt of 262,553 francs, and the expenses were authorized to the same amount. * * * * * * A Royal Decree of the 8th August, 1836, augmented the sum by tO,000 francs, to be raised from the funds of the high roads. A similar levy of 7,766 francs, equally applicable to unfore¬ seen expenses, has been authorized by a Royal Decree of the 7th January, 1837. ***** In the last session, the council examined and approved condi¬ tionally of the accounts of the year 1835. Those of the year 1836, comprising the final account of 1834, the supplementary account of 1835, and the primitive account of 1836, will be sub¬ mitted to the council with the necessary vouchers. z' f Income and, Expenditure of Communes. The budgets for towns and communes for 1833 have been examined, and definitively decreed by the deputation. K 130 The revenues of the four towns present a total of 2,394,518 francs. The expenses of all kinds have amounted to 2,324,610 francs. Among these expenses the subsidies granted to the charitable establishments, amount to 407,815 francs; and those for works of public convenience to 307,083 francs. The interest of the constituted debt, and of loans raised since 1829, have absorbed 214,814 francs. There have been appropriated towards the extinction of these debts, 156,210 francs. The revenues have sufficed to cover all these expenses. The town of Antwerp only has been obliged to have recourse to a temporary loan of 175,000 francs, to supply the balance of its budget. The revenues of the rural communes of the provinces have amounted to 961,053 francs, and the expenses to 802,510 francs. The surplus is, for the most part, intended to be applied either in liquidation of the debts, or to works of public convenience. The produce of the communal rates, properly so called, has amounted to 426,127 francs. This sum divided by 232,203, the number of the population in the rural communes, gives for each person 1 * 83 franc. The accounts delivered by the communal collectors for the year 1835, have been definitively settled, with the exception of those of Mechlin and Turnhout. A considerable deficit having- been proved to the charge of one of the communal collectors, he has been displaced. The proper measures have been taken to estate his sureties account, and for the appropriation of his own make towards supplying this deficiency. Railways. In mentioning to you last October the advancement and the pro¬ gressive march of the works of the railway, an enterprise which so deeply interests the province, and particularly the town of Antwerp, and its trade, we stated that the principal works in the line of Bruges to Liege were undertaken. Now, from the information we have received, we have the satisfaction of an- 131 nouncing that a great part of the line will he opened for cir¬ culation for the feasts of September next. We shall derive additional benefit from the law recently passed, by which a new branch upon Lisle and Tournay, by Courtray, is added to the rail-road formed under the Decree of the 1st of May, 1834, and which will shortly put Antwerp in direct communication, by Hainault and the two Flanders, with the French Flanders. This adjunction attains above all a new degree of importance by its continuation towards Paris, a project which, unfortunately, the Chamber of Deputies in France has just adjourned ; but of which the evident and incontestable utility for the two nations renders, it is to be hoped, in a short time the adoption inevitable, whether the French Government cedes the formation of the road to a particular company, or, whether, guided and enlightened by the results of a system so happily followed up in Belgium, it de¬ cides to place itself at the head of the powerful enterprise. The hope of the finishing the road towards the Rhine is not less certain. The difficulties which had arisen in the choice of plans in the environs of Aix-Ia-Chapelle, having been smoothed by the happy union of the two companies of Aix and of Cologne. The coincidence of opinions with our neighbours will be a fresh stimulus to animate the definitive considerations of the sections of Liege towards the frontiers of Prussia. When we recal for a moment the epoch still so recent of the discussion of the law of the 1st of May, 1834, when every thing was doubt, when the facts unknown amongst us were contested by the generality, when the advantages, now so incontestable, for the public and for the treasury, of the result of this beautiful working of the railway by the state and for its benefit, were con¬ sidered very dubious, and then, if we consider scarce three years after that discussion, the four principal towns in Belgium should be united by the railroads, and should form, as may be said, one vast city; it appears that the country may with good right congratulate itself upon such a result. If some partial local complaints have arisen upon the apparent slowness of the march of the enterprise, it is, that the ardent k 2 132 desire at present that all should be in immediate possession of this means of conveyance, so rapid and economical, has occa¬ sioned a forgetfulness of the immense works, the multitude of operations, which must be effected before it can be put in full play; it is thus the anxious impatience to enjoy it, changes the wish into complaints, and makes it to be forgotten, that nowhere, at no other period perhaps, could be cited such great works executed in such a short space of time, with such productive results to the state. The station of Borgerhout, where the works of the railroad are for the present suspended, appears to answer perfectly to the wants of the service in what concerns travellers, by the means of the cut contrived in the fortifications, and the projected enlargement of the bridge over the moat of the town. By its position close to the Place de Meir, and the converging of the principal streets to the gate of Borgerhout, it equally facilitates the access to the different quarters of the town. As to the entrance to the railroad in Antwerp, and to the interior station for the direct embarkment and disembarkment of merchandise, as also the branch conducting to the free entrepot, the Government has not yet come to a definitive resolution. The just appreciation of the railroad, more felt each day by the result of its workings, which surpasses all that was anticipated, has occasioned the abandonment successively of the different projects presented for this station, an object of the highest importance to the future commerce of Antwerp, and for the railroad itself. Not one of the situations hitherto proposed have answered completely to the exigencies of the extraordinary movement, which will take place when Antwerp, properly speaking, will be the general depot of the principal towns of Belgium, and the necessary centre of the most active commercial relations between France, Germany, England, and Holland. Already with its present commerce the insufficiency of the quays is often felt; it is well known that the handsome basin now existing has been formed more for the accommodation of a military marine, and for the harbouring of men-of- war,than to suffice to the wants of the maritime commerce. Penetrated with the great importance of the establishment i 133 of this station, and always guided by the intelligence full of foresight, which from the beginning has presided over their undertakings, the engineer directors of the railroad are at this moment finishing, in concert with the military engineers, the con¬ sideration of a definitive project, which may bring the waggons into the free entrep6t, and to the very banks of the Scheldt; to make useful the north quay (now deserted), and to form in the Kattendyk, and in the moat of the circumference of the place, the docks, that are wanting still to this Belgian Liverpool. This project, principally directed towards the interest of commerce, and always augmenting the means of military defence, offers in addition the advantage of rendering healthy all the part of the town which surrounds the basins, by raising und draining all the ground which borders this quarter. The works of the branch road to Lierre, that was projected to be directed towards Duffel, are suspended, first, by the demands of the proprietors for the cession of lands, and also by the complaints of the inhabitants of Contich,—complaints which have fixed the particular attention of the deputation, and which have for their object to obtain the exe cution of the plan by Linth, proposed in 1833. The possibility of joining, without much expense, Boom and the surrounding com¬ munes to the railway by Contich, must give great weight to the demand of the last-mentioned commune, reduced at present to almost complete isolation, and much diminishes the regret that is felt at the delay occasioned in the execution of the works of this branch road, so interesting for the town of Lierre, and a great part of the Campine. The latest opinions lean towards the direction upon Linth, and the decision to be made cannot be much longer retarded. The transport of merchandise which had been delayed, as it appears, by the necessity of learning the general opinion on a question so complicated and important, has at length commenced for the goods and parcels usually sent by Diligence. Everything leads to the hope that the results of this new arrangement will be like that for the transport of travellers, as economical for the public as productive for the treasury. 184 The Government, though only establishing small rates upon travellers and precious merchandise, usually sent by Diligence , will not of course lose sight) that the advantages certain to be gained on these special parts of the workings, would, in the spirit of the law of the 1st of May, as much facilitate and favour the carriage and the exportation of heavy merchandise. We think it will not be uninteresting to insert in this place a table of the number of travellers on the sections from Mechlin to^ Brussels and to Antwerp in 1835 and 1836; we copy this document from the Report presented to the Legislative Houses of the 1st of last March. Number of Travellers. First Period. —Section of Mechlin to Brussels. Months. Brussels. Mechlin. Total. 1835. May. June. July .... August . September . October . November . December . 1836. January. February March . April 17,210 26,794 39,841 36,964 36,922 26.146 16,764 14,701 14,767 15,887 17,692 24,105 16,077 25,649 37,961 35,417 35,600 24,683 16,423 14,287 13,942 14,972 17,015 23,391 33,287 52,443 77,802 72,381 72,522 50,829 33,187 28,988 28,709 30,759 34,707 47,496 i 563,210 travellers ' for a year. Second Period. —Sections from Mechlin to Brussels and to Antwerp. Months. Brussels. Mechlin. Antwerp. Total. 1836. May . June . July . August . September October . November December 43,749 42,425 46,427 48,619 43,967 35,608 20,084 21,307 25,561 23,753 30,395 31,590 28,455 26,180 20,994 13,760 32,169 32,351 36,015 39,545 30,674 28,652 15,028 12,237 101,479 98,529 112,837 119,754 103,096 90,440 56,106 47,304 729,545 passen- y gers for eight months. 135 During the first period (May 1835 to May 1836, 12 months) the section from Mechlin to Brussels alone has brought 359,394*15 francs; it has been gone over in all or in part by 563,210 travellers. During the second period, the amount of the receipt in francs has been nearly equal to the number of travellers (734,736 francs); so that it may be supposed that each traveller, without attending to the distance gone over, paid a franc. Struck with the rise of the price for the transport of paving stones for the construction of the roads in the Campine, not less than with the difficulties that the military engineers oppose to the construction of several of those roads, with the idea of what they consider the security of the country, we have asked ourselves how far the railroads on the American system would be, under this double consideration, more advantageous than the ordinary roads. We have obtained the assurance that the roads of this kind, capable of immediate dislocation, would present, without doubt, fewer inconveniences than others, to the eyes of the military engineer, and as to the means of execution, we subjoin a note which has been communicated to us by an engineer, in whose experience we think we cau place full reliance. “ The experience of the marshes of Cheshire, now in cultiva¬ tion, by means of railways made of the rails not used for the road from Manchester to Liverpool, gives the certainty that the railroads executed in the Campine, according to the manner adopted in certain parts of the United Provinces, that is, con¬ structed upon sleepers and lengths of log-wood, covered over by a simple flat band in iron of four kilograms (about 8 lbs.) by the usual measure, would furnish, not only in every desirable direc¬ tion easy communication, but besides it would soon extend to¬ wards each hamlet, and almost to each farm; and even, as at Chatmoss, in the midst of the fields diffuse cultivation.” After a detail carefully revised, we may assert that the expense of the establishment for this species of railroad in the Campine, would not cost 12,000 francs by kilometre (each 100 yards), always being capable of bearing waggons as heavily laden as 136 those that may run on the high-roads. It is easy immediately to foresee the immense advantages that the Campine might expect from such an economical method of communication, if we com¬ pare the price of 12,000 francs by kilometre (each 100 yards) to the expense of the ordinary ways hitherto in use. This price, so small in comparison--with that of the common highways, has nothing, however, to astonish, if we consider the weak action of the ground, which scarcely requires embankment, and the sandy nature of the soil, the abundance and low price of wood, the principal object of expense in this species of con¬ struction. These communications by horses only, the most convenint method for the actual state of industry in the country, would nevertheless enable passengers to travel at the rate of from two and a half to three leagues an hour.* Roads of the First and Second Class. The roads of the first and second class have been maintained during the year 1836, in very good travelling condition. Their maintenance has cost 47,350 francs. The produce of the turnpikes, established upon the roads during the same period, has amounted to 140,745 francs, and has left to the state a surplus of 93,395 francs. The bridge over the Schyn, near Deurne, put in tempo¬ rary repair in 1814, has been replaced by one more solid and larger. Until the making the little Nethe navigable, so as to allow the transport of the paving stones destined for the road from Turnhout to Diest, the works to be executed upon the part of this road comprised between Turnhout and Ghiel, will be limited to what is essential for the preservation of the embank¬ ments, the draining of the bed, or the construction of aqueducts in some places where they have been found necessary. * In England on the Darlington road, the carriages are drawn by horses. Each carriage intended for thirty persons, with their luggage, drawn by a single horse, and travels at the rate of from eight to ten miles an hour. 137 The plantation of the same road has been undertaken for the sum of 4,200 francs. It will be accomplished in the course of next November. As yet nothing has been decided upon the definitive plan of the road between Ghiel and Diest. The War Department has made known, the 12th of last April, that it would not oppose the construction, provided it was superintended by Zammel. The deputation requested of the Minister of Public Works that the head engineer should be directed to take into consideration * this work, in order that the deputation should, if possible, be oc¬ cupied again in the course of this year with making purchases of ground and embankments. The continuation of the road from Antwerp to Putta, upon a length of 4,500 yards, is demanded most anxiously by the com¬ munes interested, and will facilitate exceedingly the relations with Slabroeck, Santuliet, and Beirendrecht. We have endea¬ voured to find the means of obtaining this result without being obliged to touch the resources destined for the opening of com¬ munications upon other points of the province. We hope to succeed. Provincial Roads. I The provincial roads are in a satisfactory state. A sum of 22,645 francs has been expended in keeping them up, and the works which belong to them. The produce of turnpikes, which has amounted to 27,475 francs, has afforded a surplus of 4,829 francs. The trees decayed, or which have been mischievously destroyed, have been replaced. The first section of the road from Leirre to Herenthals has been planted, as also the second section of the road from Lierre to Aerchot. The success of the plantations depending partly on the attention given to the training of the trees when they have attained a certain growth, the deputation has judged it proper to confide this charge to persons more clever than those hitherto employed. 138 Loans for Roads. Consulted by the deputation on the part that could be even¬ tually allotted to the province in the loan of 6,000,000 francs, voted to complete and improve the system of roads throughout the kingdom, the Minister of Public Works has answered, that it depended on the extent of the communications to be opened in this province, and of the sacrifices which the communes may be willing to make. The head engineer has been requested by the deputation to point out the new roads best to be undertaken, and to supply an estimate of their cost. Total length of roads to be formed, 82,878 yards. Estimate of the outlay, 1,596,910 francs. ***** The commune of Brecht has demanded that, instead of con¬ structing a road from Hoogstraeten to Oostenalle, it should be directed on Brecht and Brasschaet. This direction being nearly of double length to the other, would occasion an expense of at least 400,000 francs. The decision to be taken in this regard depending much upon the sacrifices the communes will make, they have been requested to make known their intentions. As the opening of so many roads cannot take place simulta¬ neously, the council will class them according to their urgency and utility. Canals and Rivers. The making the little Nethe navigable unto the Bridge of Casterle, resolved by the council in its last session, has been par¬ ticularly an object of solicitude to the deputation, which has en¬ deavoured to procure all the intelligence most likely to put an end to the doubts that might still exist upon the success of this work. The project of the engineer Kiimmer, has been submitted to the examination of a commission. ***** 139 This Commission has unanimously agreed that the realization oi the project would be eminently useful. * * * * * * * * Thanks to the intervention, as active as it was obliging, of one of the members of the council, the purchases of land, which often occasion difficulties so prejudicial to the prompt execution of works, have been effected in a few days upon the whole line, from Lierre to Gobbendonk. The contractor has commenced his operations, and is pursuing them actively. No decision has yet been made by the Government upon the project presented by the Inspector-General of Bridges and High¬ ways, for the establishment of a general system of short naviga¬ tion and irrigation in Anversoise and Limbourgioze Campine. Meanwhile a company, represented by M. Le Coq, of Tournay, have solicited from Government a grant for the tilling of the heaths of the two provinces, and for the execution of necessary ways of communication for that object. An inquiry has been instituted by the Department of Public Works upon this project, which has been founded upon that of the Inspector’s'General. In the sitting of the 18th of October, 1836, the provincial council showed a desire that measures should be taken to accele¬ rate the works so long projected to improve the navigation of the Rupel, and to facilitate the communication between Boom and Willebroeck. These projects being to be found in the archives of the Department of Public Works, the deputation has begged the Minister to communicate them. Among the papers relative to the first project, there is a report made on the 19th of February last, by the Inspector of Bridges and Highways, which particu¬ larly occupied the attention of the deputation. * * * * * The deputation sharing the opinion of the author of the Report, has resolved to take steps with the Minister of Public Works, 140 that a commission should be instituted as promptly as possible, and that there should be added to it a delegate from the province of Boom. Parish Roads. In the course of the month of April, the Commissioners of the Roads have, in concert with the local authorities, inspected the cross roads. The extracts of their Reports, pointing out the works to be executed, and the measures to be taken for the pre¬ vention of the trespasses committed in some of the localities, have been transmitted to the administrations interested. In many of the communes the works are already executed or going on actively. We flatter ourselves the next Report of the Commissioners will contain, in this respect, satisfactory evidence. A new project of law upon the parish roads has been commu¬ nicated by the Minister of the Interior to the deputation, who has judged proper to have it printed, and transmitted to the Com¬ missioners and to the communal authorities, in order to col¬ lect the observations their experience will suggest to them on a subject of such importance. Each of the councillors have also received a copy for the same intention. The presentation of the project to the Chambers being so near, has determined the deputation to adjourn the digestion of a pro¬ ject of regulation till such time as a law, which we hope will not long be delayed, will have fixed the general principles upon this interesting matter. It often happens in the rural communes, and the case has been even lately pointed out to us, that individuals usurp com¬ munal lands for building upon, and that the local authorities shut their eyes upon these usurpations, which ought to be severely kept down. We think that the communal councils would do well to make decrees forbidding all constructions not legally authorized upon the communal lands, under small police penalties, to which they might make liable not only those that construct, but even their workmen. 141 Communal Works. In the last Report was given the account of the situation of com¬ munal works, the expenses of which appear in the budgets of the years 1835 and 1836. These works are at present finishing, and other constructions not less important have been projected for 1837, the account of which is here given :—- Antwerp. Francs. A quay before the depot. 192,000 A store for military goods ...... 105,000 A fish market .. 80,000 A post at the Bridge de la Vigne .... 18,000 New gates to the sluices of the Basin . . . 12,000 Two landing-places at the Quay Van Dyk . . 24,000 Candelabres to light the public places . . . 12,200 Restoration of the Great Tower.15,000 Francs 458,200 Mechlin. Opening of a new street to communicate with the ceptral section of the railroads . ... 50,000 Construction of two pavilions at the entrance of the Municipal College.14,850 Reparations of the Great Tower.2,000 Francs 66,850 Lierre. Enlargement of a street.6,700 Construction of a new quay.3,000 A sewer. ... 3,000 Enlargement of the hospital (part belonging to the town) ..8,000 Francs 20,700 14*2 Turnhout. Francs. Improvement of the barracks . . . Francs 6,790 Arrondissement of Antwerp. Exterior reparations of the church of St. Leonard sous Brecht. 1,800 Re-construction of the parsonage of Hove . . 5,650 Also of the Tower of Embleheim .... 2,500 Reparation of the parsonage of Beirendrecht . 800 Also of the school of Massenhoven . 1,500 Francs 12,250 Arrondissement of Mechlin. Enlargement of the church of Nylen, estimated 8,500 Reparations of the parsonage of Iteqhem . . 850 Also of the parsonage of Blaesveld . . . 1,200 Francs 10,550 Arrondissement of Turnhout. Construction of a school at Oden, and of a house for the master at Gorheyden.9,290 A school-house at Westerloo.4,000 Another at Poppel. 3,500 Enlargement of the church of Voortkappel . . 7,000 Reparations and alterations in the interior distri¬ bution of the communal house of Herenthals . 2,000 Extraordinary reparations of the roof of the church of Herenthals. 2,700 Francs 28,490 Total . . . 603,830 francs. Independent of these works already undertaken, and which 143 it is expected will be finished in the course of the year 1837, the architect of the province has been asked for projects for the enlargement or re-construction of the schools of Cappelleri, Sta- broick, Ordesen, Westmalle, Bevel, Poederle, and Westmeer- beck; the re-construction of the parsonages of Hingene and Sanvliet; the putting into complete repair of that of Norder- wyck ; the construction of a communal house at Duffel and Niel; the enlargement of the churches of Linth, Calmpthout, Wavre, Notre Dame, and Brasschael. PUBLIC INSTRUCTION. § 1 .—Ordinary or Secondary Instruction. The nine establishments destined in the province for secondary instruction, are frequented by 83 pupils more than on the 1st May, 1836. At present the Athenseum of Antwerp.117 pupils (all out-door). 5 » J J J 9 (35 boarders), (out-door). 9 9 9 9 The Municipal College of Mechlin 130 The Municipal College of Lierre 42 The Communal College of Ghiel 62 The Communal College of He- renthals.36 Report . . . 387 The first section of the Archiepis- copal College of Mechlin . . 315 pupils (all boarders). The establishment of Brul, an¬ nexed to the preceding . 69 , , ,, The private institution of M. P. J. De Nef, at Turnhout . . 118 ,, (4 boarders). The Archiepiscopal College of Hoogstraten.61 ,, (59 boarders). 950 144 The necessity of filling; up the deficiencies in our secondary education are in our days much felt. The living languages, the sciences, the arts, are no longer sacrificed to the dead languages; history, the elements of mathematics, and the natural sciences, no longer remain unknown to our youth; and each year diminishes the evil attributed to the ordinary or secondary instruction which may be said to have been only suitable to one portion of those who received it, and to remain unknown to the great mass of the popu¬ lation. The colleges of the province furnish the proofs. The plan conceived to enlarge the sphere of tuition of the Athenaeum of Antwerp, above all deserves praise. Along with the classes of the dead languages, already courses dedicated to the commercial and industrial sciences have been added. This plan comprehends, amongst others, chemistry and mechanics applicable to the arts, political economy, the principles of commercial law, statistics, and the history of commerce : it is subordinate to a progressive deve¬ lopment. It would be rendering an eminent service to hasten the opening of the course of commercial law. There is under this head a blank, which has been felt for some time. Where can it be better filled than at Antwerp ? Where will the utility of such lessons be better appreciated ? Confided to a person of merit, and accessible to all who devote themselves to commerce, it would accomplish the public expectation, and do honour to the town. § 2 .—Primary Instruction. Thanks to the assistance of the superior administration, the local authorities of benevolent establishments, as likewise those of cha¬ ritable individuals who devote themselves wiih the most laudable disinterestedness to the instruction of youth, the Primary Instruc¬ tion is, at present, accessible to all classes of society. On the 1st of last February the number of primary schools was 347, divided as follows 145 Communal Schools. Mixed. Private. Total. Town of Antwerp .... 2 5 62 70 ,, Mechlin .... 2 1 35 38 ,, Lierre. • • 2 10 12 ,, Turnhout.... 6 1 2 9 Arrondissement of Antwerp . 52 8 23 85 ,, Mechlin . 18 21 16 35 ,, Turnhout. 55 7 16 78 Total .... 136 45 166 347 In 1835 this number was 346; but if the sum total of the schools has remained the same, that of the pupils that frequent them has increased 976. The last Report mentioned a number of 33,149 pupils of both sexes in the primary schools. These are the tables of the popu¬ lation of these schools on the 1st February, 1837 :— Communal Schools. Mixed Schools. Private Schools. General Total. GO >> o PQ CO 3 eS o H • CO >*> 0 FQ 03 • r-J O r c3 -«-> O H GO O cq CO • r—i 0 a 4-s O EH Town of Antwerp. ,, Mechlin .... ,, Lierre .... ,, Turnhout Arrondissement of Antwerp ,, Mechlin ,, Turnhout Total. 910 270 292 4,166 1,198 3,492 300 125 149 3,099 756 2,713 1,210 397 441 7,265 1,954 6,205 280 128 306 170 629 2,008 482 29 *40 586 1,450 383 309 128 346 170 1,215 3,458 865 1,950 1,245 298 843 441 591 1,705 907 318 144 654 456 615 3,655 2,152 616 144 1,494 897 1,206 5,174 2,675 962 755 9,974 6,309 8,276 10,328 7,142 17,470 4,003 2,488 6,491 5,368 4J96 10,164 34,125 The private benevolent associations for diffusing instruction, religious and moral, count also a great many pupils not included in this statement. The Sunday schools of Antwerp instruct as many as 3,070 boys and girls: in the hospitals of the same town instruction is given to 385 pupils (168 boys and 217 girls), in those of Mechlin to 158 (44 boys and 114 girls). At Hoog- straten to 99 girls. That makes, again, a total of 3,700 pupils, not including the population of the school prisoners at St. Ber¬ nard, which is at least 100 ; so that it maybe asserted, as a fact, that in the province 38,000 individuals partake of the primary instruction. As constitutional society is interested that its members should L 146 receive the necessary degree of instruction to serve as a safeguard to liberty and general order ; so each commune equally feels that the rising generation should receive a good moral education, which will prevent their becoming a burthen upon public charity. In its session of last year the provincial council voted a sum of 2,000 francs in favour of primary tutors. Several demands of subsidies have been addressed to the deputation ; but in order to proceed with full knowledge of the case to the subdivision, the deputation has resolved not to occupy itself with it till later, when a Royal Decree shall have regulated the salaries and the subsidies granted from the royal treasury for the present year in favour of the primary instruction. Upon the sum of 255,000 francs car¬ ried to the credit of the budget of the Department of the Inte¬ rior, the allocation in favour of the province of Antwerp is only 15,668 francs. However, the Minister of the Interior has made known that several demands of subsidies have appeared to him to be deserving of consideration, and that they shall be attended to hereafter. A Royal Decree of the 6th October, 1836, grants a sum of 900 francs, under the title of succours, to five old schoolmasters and to an old schoolmistress, and to the widow of a schoolmaster. Upon the credit of the sum of 5,500 francs, carried to the pro¬ vincial budget of 1835, for the construction and enlargement of places dedicated to primary instruction, the former deputation disposed, in the course of 1836, of— 100 francs in favour of the Commune of Norderwyck. 500 700 Willebroeck. Oppuers. » The present deputation has applied out of the sum carried for the same object to the budget of 1836 a sum of 500 francs for the making up a subsidy of 1,000 francs, which had been granted to the commune of Willebroeck. A similar sum of 5,500 francs appears in the budget of 1837; but it has not yet been touched. The buildings and places serving for schools in the communes are, in general, in a good state. There are exceptions in the schools of Aertselaer, of Beirendrecht, of Bouchout, of Brecht, of 147 Cappellen, of Pulderbosch, of Westmalle, and of Wilsyk, in the arrondissement of Antwerp ; of Bevel, of Blaervelt, and of Heyn- donck, in that of Mechlin ; of Aerendonck, of Olmen, of Porderlt*, of Poppel, of Ramsel under Herselt, of Wechelderzande, and of Westmeerbeeck, in the arrondissement of Turnhout. They are in immediate want of repair, or perhaps ought to be entirely rebuilt. In many of these communes the local authorities are occupied with endeavouring to provide for the means of meeting such a very necessary expense, and, if it can be done, the deputa¬ tion will show itself disposed to second it. Primary Schools on Government Model. Two of these schools exist in the province; both have made great progress, due to the zeal of the administrative commis¬ sioners and to the exertions of the masters. The primary school of Antwerp, which in 1835 only counted 80 pupils, and was attended in 1836 by 152, at present has 203, divided into three classes, that is, 94 in the first, 77 in the second, and 32 in the lower class. The want of space renders it impossible to admit a greater number of pupils, and at this moment some children are obliged to wait till vacancies permit their being admitted in their turn. Lessons of vocal music have been added lately to the other branches of instruction, extended beyond the arts that principally constituted primary instruction, because between this and the colleges there is evidently an immense distance. In society this space is not empty ; it is filled by a number of families, who, from their interests, their labours, and their social situations, are not called upon to give their children a secondary instruction, and who, notwithstanding, have the desire to make them acquire superior knowledge to that which the primary schools can gene¬ rally give. It is partly to satisfy the wants of this numerous and useful class of citizens, that it appeared proper to place in the instruction of the primary schools the foundations of knowledge, which later private exercises might develope. The payments of the scholars form the resources of the school l 2 148 of Antwerp, besides a subsidy of 1,800 francs, granted to it by Government. There was, in 1836, at the primary school of Mechlin, 110 pupils ; the 1st of last February this number was 128, and on the 1st of May following 147, in the different classes. The instruction includes reading, writing, arithmetic, geometry, the French language, Flemish and German, geography, notions of ancient and national history, lineal drawing, declamation, and singing. This institution enjoys a subsidy of 2,332 francs from the public treasury. With the view of improving it still more, the adminis¬ trative commission has lately submitted, by the assistance of the provincial authority, some propositions to the Department of the Interior, for the examination of a third under-master, partly paid by the Government. These views of improvement cannot be effected this year, as the Minister has made known that the budget of primary instruction will not permit him, at present, to augment the subsidy attached to this school. The elementary instruction interests, in such a high degree, the futurity of Belgium, that whatever can tend to preserve and develope it, merits peculiar solicitude. In the first rank of insti¬ tutions, which would be useful to it, we must place the Normal primary schools, which in other countries have rendered the greatest services in procuring to a great number of communes masters who are sufficiently informed and familiarised to the best methods. The organization of such schools does not appear to present difficulties, and if the interval should be long before the discussion of the law of primary instruction shall be brought before the Houses, perhaps it would be necessary to request the attention of the provincial council to this object. School of Navigation .. This school, organized, like that of Ostend, by the Royal Decree of 17th October, 1835, has not hitherto been able to receive the developments of which it appears to be susceptible. Such an institution is of too much importance to the country, and especially to the port of Antwerp, not to call for great attention. 149 As to the choice of the professor, it has been questioned whether the instruction should be merely theoretical—if that which is given at the French schools of hydrography should be adopted, or whether it was preferable to choose for a professor an old seaman, a good captain for long voyages, teaching, at the same time, both the theory and practice of navigation. The repugnance that seamen by profession appear to have to abstract studies, leads the council of administration to prefer this last choice ; but in order to assure to the pupils who show a talent for the study of mathe¬ matics the means of completing their instruction, it has asked and obtained of Government the authority of sending to the Athenaeum, at the expense of the school, such of the pupils so situated. This method appeared to be so much the more satis¬ factory for the wants of instruction, as the Athenaeum possesses some professors of great mathematical talent. However, whether the hours for the lessons did not suit the pupils, or whether their daily employments did not permit their attendance, out of the 51 pupils whose names were on the register for admission to the school of navigation, only five have presented themselves to follow the courses of the Athenaeum, and only two have been able to continue down to the present time. Of the 51 scholars, 11 have been erased from the register of control, so that the present number of pupils frequenting the lessons, either regu¬ larly or during the stay of their vessels at Antwerp, is 40, of which 35 are seamen by profession. It occurs from the necessity which these are under of frequently being absent, that the courses are only attended by 16 pupils. Foundations and Exhibitions . The accounts of these institutions, of which the number amounts to 63, continue to be kept exactly and regularly. All the accounts of the year 1836 have been approved and definitively settled by the deputation, with the exception of those of two of the founda¬ tions, of which the administration, having delayed producing their accounts, have been requested to conform, in future, with the obligation, which is given them in the sixth article of the Royal 150 Decree of the 2d December, 1823, to submit the accounts of this kind for the approbation of the deputation in the course of the first three months, which follows the expiration of the year. The financial situation of the most part of the foundations for exhibitions improve perceptibly every year. This result must be attributable as much to the measures the deputation have judged proper to prescribe as to some liquidations of debt which they have been able at different times to make by savings and the sur¬ plus of the accounts. THE FINE ARTS. The Royal Academy of the Fine Arts at Antwerp. The Report concerning the situation of the province of last year has disclosed the flourishing state of this academy, and the eminent services it has rendered to the fine arts. It has uot ceased to follow the same course, and the pupils crowd with the same eagerness to attend. It is the destiny of this institution to continue for Antwerp one of its most glorious titles, and for the country a fruitful nursery of distinguished artists. The professor of engraving, and the pupils of his school are occupied upon two important works—the engravings of the draw¬ ings of the tower of the cathedral, done upon a large scale, with so much talent and precision by Serrure, the architect ; and the engravings of the most remarkable monuments of Antwerp, and of the province, which will be re-produced by artists, members of the Royal Society of the Sciences, Letters, and Arts, and published by the care of this society. The first part is finished ; and they are occupied with the second part, in order to publish them simultaneously. Academy of Drawing at "Mechlin. It has at present 380 pupils. The lessons have been aug¬ mented by a course of perspective, given once a-week by the professor of drawing, from nature, and with a lesson of propor- 151 tions for the pupils that are destined for the antique classes. There is every other year an examination which took place this year. The result corresponded with the expectation, and proved the progress of the pupils, which compensates to the town for the sacrifices made for its academy. The School of Drawing at Lierre. It is frequented by 210 pupils ; for want of space no more can be admitted. The inhabitants of all classes profit by this useful institution, enriched lately with a class of modelling, and is also to have a course of drawings from antique figures. Therefore the administration solicits from the deputation the continuation for 1837 of the subsidy of 300 francs, granted last year. School of Drawing at Turnhout. The school of drawing at Turnhout, frequented by 114 pupils, is divided into four classes, where they teach perspective, archi¬ tecture, regular architecture, the orders of architecture, and figures. The deputation will immediately apply itself to the annual subsidy which it has bestowed on this school, and application will be made to Government to obtain in its favour an allocation upon the public treasury, in order, at the same time, to enable the council of administration to give to the instruction all the de¬ sirable improvements. New Schools to he formed. Some of the great communes have expressed a desire to have among them a gratuitous school, where would be taught the principles of drawing, of figures, of architecture, and of orna¬ ment. The deputation will examine if it will not be proper to require that young artists who receive subsidies from Government and the province, should give instructions in those establishments of the art which they profess. The superintendent of the roads of the province could also be enjoined to overlook and direct the elementary instruction in the art of building. These communes 152 have already the buildings necessary, and they only want a small assistance to procure the furniture. Encouragements for the Fine Arts. Upon the allocation carried to the provincial budget of 1837, for the encouragement of the fine arts, the deputation has granted to the Royal Society a sum of 1,000 francs, to assist it in the expenses of the examination and exhibition of the month of August next. The same society has just obtained from Govern¬ ment another subsidy of 3,000 francs. The deputation has subscribed out of the provincial funds for three copies of the work which Mr. Serrure, the architect, intends to publish concerning the tower of the cathedral of Antwerp. It has, besides, endeavoured to give encouragement to young artists not much favoured by fortune, by subsidies of from 100 to 200 francs; it is required for each claimant to finish before the end of 1837 a work of his own choice, and which will remain his property. The musical artists are alone exempted from this condition. Independently of these subsidies, the deputation has placed at the disposal of the Academy of the Fine Arts at Antwerp, a sum of 600 francs, to be distributed amongst the pupils found to be the most distinguished during the examination. The Society of Sciences, Letters, and Fine Arts, who will have the glory of erecting a statue of Rubens, have asked for a sub¬ sidy upon the provincial funds, the produce of the subscription it has opened not being sufficient to cover the expense of the monument. The deputation has considered that the province could not remain indifferent to such a patriotic work, and enlightened by fresh intelligence, it proposes in the budget of 1838, which will soon be submitted to you, a first allocation of 2,500 francs, which may be renewed next year. Tower of Mechlin . The attention of the public has been recently awakened upon 153 the important project, which would do the greatest honour to regenerated Belgium—the completion of the Tower of Mechlin. Finished according to the original plan, this tower, of a con¬ struction at once original and elegant, would be one of the finest monuments of gothic architecture in Europe. Amongst the acts which reflected the most honour on the sovereign of a neighbouring country, where the Protestant re¬ ligion is that of the state, was the completion of a cathedral, celebrated among the grandeurs of catholicity. Shall Belgium, where religion and the arts have been retained in all their purity, and continue always with the same brilliancy, shall she alone be incapable of following this example ? From the Report of the provincial architect sent by the deputation to the spot, the Tower of Mechlin is now 350 feet h : gh; it wants to complete it about 270 feet. For many years past, the tower annually has works going on at the summit, and it does not appear that each foot of the height of the renewed part has cost more than 3,000 francs. Calculating upon this statement, and taking into consideration that the circumference diminishes as it gets higher, the architect is of opinion that a million francs would be sufficient to finish the monument. Opinions may vary upon the amount of the expense; but were it double, the means of execution should not be despaired of, if, as we believe, we might reckon upon the assistance of the Government, of the town of Mechlin, of the clergy, and upon the gifts of individuals. RELIGIOUS WORSHIP. Salaries and Subsidies. From the last statement sent to the Department of the Interior, the annual salaries paid out of the funds of the treasury to the 154 members of the Catholic clergy of the province amounts to the sum of 300,197 * 50 francs. Francs. Salary to the archbishop • « • • e 21,000 Subscriptions, travelling expenses and secre- tary’s office .... • • - * • 4,600 3 Vicars general at 3,600 fr. each 10,800 11 Canons. at 2,400 > J 26,400 10 Curates of the first class at 2,047-50 J j 20,475 11 Curates of the second class at 1,365 J > 15,015 122 Clergy (Desservants) . at 787*50 J » 96,075 48 Chaplains .... at 500 » J 24,000 156 Vicars. at 600 > J 78,000 10 Assistant Priests at 210 > ) 2,100 Supplement to the salaries • • • 4 1,732*50 The annual subsidies allotted to the other religious amount to 5,400 francs for the Protestant worship, and 2,000 for the Anglican worship. Churches. In many communes the size of the churches are no longer cal¬ culated for the population; and the resources of these com¬ munes, joined to the church revenues, not being equal to meet the expenses that would be necessary for the enlargement of these edifices, the deputation has thought it necessary to in¬ crease the sums destined for this branch of expenditure, and for this purpose it has proposed a sum of 20,000 francs in the budget of 1838. Legacies and Donations. From the article 76, sec. 3, of the communal law, the ques¬ tions concerning the acceptation of legacies or donations to the communes, or to establishments which belong to them, are sub¬ ject to the approbation of the king, when the value exceeds 3,000 francs; whilst for the acceptation of gifts, or legacies of inferior nature, the authority of the deputation of the provincial council is sufficient. 155 Capital. Interest Francs. Francs. The number of legacies and dona¬ tions given to the revenues of churches in the province, and of which the king has authorized the acceptation, has amounted in 1836 to nine: these liberali¬ ties consist of property, rents or funded property; the value of six of them is estimated at . . 19,0'00*54 816'45 Those of the others, which consist of landed property more or less considerable are unknown. The authorities granted by the deputation are 18 in number. The endowments which are the object of them consist also of such property, rents or funded, of which the value is estimated at . 25,332*19 927*39 Total francs . . 44,332*73 1,743*84 In general these legacies and'donations are burthened with charges more or less heavy, consistihg of religious services, but these charges are far from absorbing the annual revenues which the legatees of church property may derive from the liberalities bestowed on them. Commerce. During the year 1836 a great impulse was given to all commercial operations. The prices of almost all the foreign commodities had risen very high, but the means of those who consumed them were not equal to such an exaggerated height. The result was an almost sudden fall from 30 to 40 per cent. 156 Another event prepared incalculable losses to commerce. North America has been the theatre of an unprecedented catas¬ trophe of failures which have given a fatal blow to commerce. A prompt payment might restore the equilibrium, but would not be less costly for Europe, so much interested in the prosperity of America. However, the European Continent has comparatively suf¬ fered less than America, and therefore it is that Antwerp, working* with its own capital, has been able to preserve intact its commercial honour, and to meet the considerable Josses that the inordinate speculations of other maritime coun¬ tries have caused it to suffer; it has furnished on this occasion a new proof of solidity and integrity. In the midst of all these disasters it has always had an abundance of cash. No failure of any importance has been announced, and a greater regularity has reduced the number of actions at law. 1,096 vessels have entered the port of Antwerp in 1835, amount¬ ing to 147,307 tons burthen; in 1836,1,159 vessels, amounting to 170,885 tons burthen: difference in addition 63 vessels, and 23,578 tons. The produce of the custom duties have amounted, Francs. In 1834 to 2,940,406-21 1835 ,, 2,679,4^3-31 1836 ,, 3,053,164-39 The principal merchandise imported has consisted of woods for dyeing, coffee, cottons, dried hides, iron, grains, oil, potash, salt, sugar, tobacco, and wine. The exportation of the produce of Belgium by the port of Antwerp has been considerable ; at the same time it must be ad¬ mitted that all which formerly passed, without payment of duties of exportation, out of the Belgian provinces, towards the Dutch provinces, appear at present in the statistics of exportation. The exported merchandise consists principally of arms, nails, chicory, bark of trees, cloths, linens, flax, refined sugar, tissues, nets, laces, grains and flour. 157 A new object of commerce, Jlour, appears among our exports. The harvest in the United States having been insufficient, we have directed some convoys to different countries in America, who have been hitherto accustomed to provide these commodities exclusively from North American ports. If our flour has been advantageously disposed of in America, this outlet is not permanently acquired. To preserve it we must consider how far it will be useful to submit, in the same manner as is done in the United States, to its being examined in the Belgian ports, in order that it may obtain the degree of confi¬ dence and value which its superior qualities lead us to expect. The provisional admission of our flag to the United States, upon the same footing as that of our neighbours, has caused these exports, and which have procured for it very high freights. It is very much to be desired that a regular treaty shall soon cement our commercial relations with that country, establishing definitively the principle of perfect reciprocity. The transport towards the Rhine, notwithstanding the new law yielded to the wants of commerce, is still but trifling. The expenses of transportation from Antwerp towards Cologne remains too high. The railroad only can make us contend with Holland. It is a powerful motive for Government to push on the execution with all possible speed. It would be very satisfactory to commerce to see Belgian envoys at Berlin, for the special purpose of forming commercial relations with Prussia. The exclusive measures with which the Belgian flag was met momentarily in England have been suspended! It is earnestly to be desired that a definitive arrangement between that country and ours, destined to have such intimate and multiplied con¬ nexions, should be entered into, which at the same time that it would strengthen our political ties, would produce reciprocal advantages. We shall say the same concerning France, with which Belgium is at present, in what concerns its commercial and maritime relations, in a state of partial hostility, which, if continued, can only be prejudicial to both countries. 158 One great question, that of sugars, is now pending before the Houses. We flatter ourselves it will be settled in a manner con¬ formable both to the wishes and interests of our industry and our maritime commerce. The Chamber of Commerce, consulted upon the different modifications proposed to the law concerning sugars, by the agent of some of the representatives, has consi¬ dered them to be inadmissible and ruinous. Agriculture. We have taken the following accounts from a Report which the Agricultural Commission has made to us. The results of the last crops have been in every respect satisfactory. The cerealas have been as fine in 1836 as the preceding year, and even pro¬ duced more, with the exception of the oats deteriorated by the continued and abundant autumnal rains; those that ripened later were of very indifferent quality. The fever ole s y that exclusive produce of our polders, have suf¬ fered considerably from the almost perpetual damp of the atmo¬ sphere. Beans have not ripened sufficiently, and their preserva¬ tion has been difficult. Potatoes have yielded a fine abundant crop. The produce of fax has generally been satisfactory ; the cultivation of it is evidently much increased in this province. The market of Mechlin becomes important by the great quantity of thread-linens which are on sale. As the flax which is gathered in annually very much exceeds the wants of the manufactories, this product is exported into England very advantageously, and increases our trade. Some plantations of tobacco have been attempted, but gene¬ rally the soil does not appear fit for it. The winds and rains have much injured this plant. The old madders have yielded a quarter less this year than usual, but the quality has been very good. The young plants put in the ground have taken well, a promise for next autumn of an advantageous crop. It is not the same with such as have been put in this year; the severe season having been pro¬ longed, the. madders have shot out late, and the approach 159 of the hot weather gives a fear that the buds may be nipped; however, it would be premature to give a decided opinion on the subject. Owing to the high price of madder in the trade, the cultivation of this precious production decreases gradually. Some persons employ the roots introduced from Zealand in preference. The submersion of one part of our polders has taken away some land that was generally set apart for their cultivation. Chicory had increased considerably for some years, and had partially replaced madder. The high duties with which it is taxed at present on its entering England must necessarily dimi¬ nish the cultivation of this root. However, perhaps, this ex¬ portation is not yet to be given up. Finally, we learn, that the attempts to sow chicory in some grounds which appeared to promise success have failed, and that lately the use of this production has become very general amongst the lower classes, so much as to be almost a necessary article of life. The cultivation of beetroot is still very insignificant in this province, notwithstanding the attempts that have been made. This root is only used here for fattening cattle, and the Commission of Agriculture doubt, that, without extraordinary circumstances, it will ever obtain with us any other destination. It is also of opi¬ nion, that agriculture is not much interested in the question of the manufacture of indigenous sugar. The crops of rape have been inferior to that of a common year, but the grains were large and very oily. Those of this present year have a favourable appearance. The summer fodders have been very abundant. The hay has yielded a very abundant crop, but the haymaking season has not been generally favourable; from which arises the variety that appears in the quality and price of hay. The after grass has been but inferior; the backward season having been cold and damp, the large cattle turned out to pasture at that time of the year have fattened with difficulty. The foreign grains and seeds which the Government sent to the Commission, who distributed them, have allowed of several 160 new products being introduced, if not in the large scale of cul¬ tivation in the more private. Some have taken well to the cli¬ mate immediately, and will preserve their peculiar good qua¬ lities. Others seem neither to suit the soil or climate. During the last few days the appearance of the next crop is becoming ex¬ ceedingly favourable, and the fears that were occasioned by the extraordinary duration of the severe season, and the influence it had upon vegetation, are quite dissipated. The healthy state of the horses and cattle was last year very satisfactory, and continues the same. The glanders, as it does every year, has taken off some horses, but without taking an epidemical character; 27 horses were killed by order of the competent authorities ; they were valued at 11,000 francs ; the indemnification allotted to the owners was 1,849’98 francs. Five cows only were killed ; the value was estimated at 844 francs, and the owners obtained an indemnification of 178’50 francs. The pleuropneumonia , which must not be confounded, not¬ withstanding its analogy, with the peripneunomia , which seems still to exercise its ravages in Flanders, has only appeared at rare intervals. It had no other cause than the bad state in which the cattle were kept. The Agricultural Commission has neglected no pains in order to extirpate this very disastrous disease * ***** A project of regulation for the improvement of the breed of black cattle has been recently sent to us by the Agricultural Com¬ mission. This project appeared to us to deserve a full examina¬ tion, and our intention is to call round us the intelligence of the local authorities, and to consult each of the Provincial Council in¬ dividually, in order to be able to present to the Council in its session of 1838 a well-considered statement. The Commission assures us that the re-establishment of the tax upon horses and large cattle is generally called for by the agriculturists and the farmers themselves; this measure would enable the province to encourage more efficaciously than it lias 161 hitherto done, several branches of agricultural and rural economy, which deserve every attention, and in the first rank we class the improvement of the breed of horses and cattle. Already in the last Report the deputation has signified to you the small number of authorized veterinary surgeons. Few pro¬ vinces are so badly off in this respect as ours, and the pupils that belong to it at the veterinary school are few in number. It therefore becomes urgent to encourage the veterinary study, by endeavouring, by means of large subsidies, to prevail upon the young men of our province to frequent the state schools. The Market Prices. The four towns of the province address every fortnight to the provincial administration a statement of the lowest prices of grains and other provisions sold at their markets. These state¬ ments serve for the basis of that which they transmit monthly to the Minister of the Interior. The following comparative tables are the copies of these state¬ ments for the years 1835 and 1836. Articles of Consumption. Measures or Weights. Total of the Quantity sold, 1835. Prices for the Year 1835. Total - of the Quantity sold, 1836. Prices for the Year 1836. Francs. Wheat . Hectolitre 31,888 15*46 30,754 16*94 Rye .... y y 30,596 8*59 32,720 9*72 Buckwheat. y y 16,152 9*93 15,605 10*31 Oats.... y y 18,550 6*90 18,177 6*69 Potatoes y y 3*87 3*95 Hay 100 Kilos, i O -H 6*96 -*-> 1 o -j3 5*84 Straw . 5 5 c a _ ct 4*22 & d 3*42 Large grain of rape Hectolitre o T3 5- 29*47 o 30*66 Linseed . > > “ a>'d 25*20 22*66 Turnip . y y 34*32 2= A -z ^ O 39*39 Oil of rapeseed. rt „ -u > “> 96*83 p3 M ~ > » 97*49 Flax oil. ) ^ D 89*25 95*28 Turnip oil . y y H 89*02 H 96*39 M 162 Benevolent Institutions . The situation of the hospitals in regard to the population, and their expenses during 1835, has sustained, comparatively to the years 1834 and 1835, little change; the tables which follow show their situation. Table showing the Average Population of the Hospitals, and the Amount of the Expenses attached to these Establishments, during the year 1836 :— Towns or Communes. N umber of Hospitals existing. Average Population. Amount of Expenses. Obseivations. Antwerp 31 2,610 Francs. 455,257-49 Mechlin. 7 625 153,775-52 Lierre . 8 151 43,626-70 Turnhout . 4 112 28,029*66 Total 50 3,498 680,689-37 • Commune rural,! arrond. of > 4 51 11,390-17 Turnhout. .J . \ It is to be noticed that at Antwerp the number of individuals assisted by the Mendicity Society, and the amount of the sue cours, granted in 1836, have sustained, comparatively with 1835, a sensible diminution. In the other towns of the province the situation of the Mendicity Society, under either one or other Report, present little variation. In the rural communes the number of individuals who have had recourse to public charity during 1836 surpass that of the persons who were assisted in 1835; it is not the same under the Report of the succours granted, as the amount of those last, for 1836, has even been less than that of the distributions made in 1835. 163 Statement showing the Number of Individuals relieved, and the Amount of the Succours distributed by the Mendicity Society, during the year 1836 :— Towns and Communes. Number of Individuals relieved. Amount of Succours dis¬ tributed. Observations. Antwerp .... Mechlin .... Lierre .... Turnhout . . . 15,538 4,585 1,048 1,767 Francs. 165,920*29 82,014*65 41,641 *M 17,983*00 Total 22,936 307,559*08 Arrond. of Antwerp . ,, Mechlin . ,, Turnhout. 4,193 4,117 3,845 91,582*17 53,917*42 63,615*50 Total . 12,155 209,115*09 The number of legacies and donations which have been given to the hospitals and mendicity societies in 1836 amount to 15. They consist of landed property, revenues, and capital. » In Capital. In Interest. Francs. Francs. The acceptance of three of these legacies have been authorized by the King, the value is estimated at .... 10,451*70 470*32 For the others the authority of accep¬ tation was granted by the deputation. They are valued altogether at. . . 15,859*31 710*5,5 Total. 26,311*01 1,180*87 Amongst the legacies and donations of the last class there are seven which have been made purely gratuitously. The value amounts to. 9,269*36 427*09 The others are burthened with charges more or less heavy, but m 2 164 which in no case reach the amount of the produce of the do¬ nation. In comparing the result with those of 1834 and 1835 we find the proof that the sources of liberality for the benevolent estab¬ lishments of this province have been more fruitful in 1836 than in the two preceding years. In reality, the value of goods and of capital which were left to them in the year 1836, reach very nearly to the amount of the legacies and donations made in their favour during the two foregoing years together. The budgets of the Mendicity Society, for the year 1837, were made up at the same time with those of the communes. The accounts of the same establishments, for 1835, are at present regulated by the deputation of the provincial council. The table that follows shows the result. • Receipts. Expenses. Surplus. Arrondissement of Antwerp . ,, Mechlin ,, Turnhout . Total . Francs. 153.525-09 105'205-14 135,862-81 Francs. 113,513-92 84,305-95 111,904-24 Francs. 40,011-17 20,899-19 23,958-57 394,593-04 309,724-11 84,868-93 If we compare this table with that published last year, for the year 1834, we find a difference at least as considerable in the receipts as in the expenses. It proceeds from this, that, in 1833 and 1834, many quit-rents in arrear to the charitable establishments were paid by the debtors. Foundlings and Deserted Children. The expense of the maintenance of foundlings during the year 1836 has, at Antwerp, exceeded the provision of the budget. The accounts of that year has been made up with a deficit of 2,689 ’71 francs. On the contrary, at Mechlin, the account left a surplus of 649 ’ 73 francs. 165 The budgets established for the year 1837 have been made up as follows :— Francs. That of Antwerp, for a number of 551 children, at . 29,012*47 That of Mechlin, for a number of 107 children, at . 5,070 The average of this expense costs Antwerp ... 52*65 n for Mechlin . . 47*38 The admissions which have taken place during three years at the Foundling Hospital at Antwerp sensibly affect the expenses, as they exceed the departures. The cause is attributed to the continuation of the Turn, and the facilities which it offers, not only to the communes of this province, but to those of eastern Flan¬ ders, of depositing infants which, without this circumstance, the law used to put to their charge. At Mechlin the result is quite the reverse. It is considered that by the 1st of next January, the number of foundlings will not be more than about 60, and the expense will be reduced nearly 1,500 francs. The maintenance of deserted children being by the law of the 31st July, 1834, placed to the charge of the communes, the accounts and budgets relating to them have been definitely settled by the local administrations. At Antwerp, in 1836, The receipts have amounted to . The expenses to. Surplus francs Francs. 19,343*80 18,151*94 1,191*86 The budget of 1837, calculated for the number of 423 children, amounts to 19,350*83 francs. At Mechlin the expenses during the same year 1836 amounted to 7,719*42 francs, and have exceeded the receipts by 168*90 francs. 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