from the landlord himself, compensation for any outlay effectually and properly incurred by the said tenant after the passing of the Act."

In place of materialising the custom of "Tenant Right," Mr. Napier proposes —

"To give the tenant for years, or from year to year, a power, in the absence of any specific agreement or contract, to make an equitable arrangement through the aid of the established institutions of the country, to secure compensation or a fair return for any actual improvement and expenditure made on his farm, at his own expense, and to charge the landlord therewith, and to sue him in the ordinary tribunals of the country for the amount, in case the tenant should be evicted; giving the landlord, however, an option to execute the improvements at his own cost, in which case the tenant would have no claim for compensation of any kind."

Mr. Crawford's Bill declares, in express terms, that—

"All improvements, buildings, and works of every description, by which the value or fee simple of the land shall be increased at the cost or by the labour of the tenant, or which have been purchased or inherited by him from his predecessor, shall be taken to be the property of such tenant, subject as therein; and that no person thenceforward in the occupation of lands or premises, being tenant thereof, as in the Act defined, and having made such improvements, and paying such rent as shall be agreed on between the parties, or settled as therein provided, shall be evicted therefrom, unless he shall have first received from his landlord or the incoming tenant, by sale or agreement, the marketable value of his interest, according to 'Tenant Right Custom,' where such exists; or where it does not, then fair compensation for the value of all labour and capital expended in such improvements, and which are thereby declared to be the property of the tenant, and for his interest in the premises, and for any loss or injury he may sustain by dispossessment therefrom; the same to be determined by an award to be made between the parties, as in said Act specified.” While Mr. Pusey proposes, as the commencement of his plan,

"That the tenant from year to year who shall claim compensation for improvements under his Act, shall, five calendar months at least before the end of his tenancy, if the nature of the case should allow it, or one month after the determination by effluxion of time, notice, death, bankruptcy, insolvency, or eviction by failure

of the lessor's title, deliver to his landlord a statement in writing of his claim, and an account of his disbursements, and the necessary vouchers, if required, of the improvements as specified in the said Bill."

Mr. Napier proposes, as the groundwork of his machinery,

"That all tenants from year to year, or for less than an unexpired residue of twenty-five years absolute, should be declared entitled to seek compensation under his Act for the different kinds of improvements mentioned therein and specified, (as in Mr. Pusey's Bill,) by adopting the following process; namely, by serving on the person actually in receipt of the rent, three months previous to commencing same, a plan or specification of the proposed improvements, with an estimate of the expense and particulars, and lodging a duplicate copy thereof with the Clerk of the Peace for the County where the lands are situate. That the landlord shall have three months to consider whether he himself will undertake the proposed improvements; and in case he does, that he should give an undertaking to proceed with them effectually within twelve months from the date thereof, in case the Commissioners for Public Works in Ireland should approve of them; and if they should not, that their refusal to sanction them should be considered a sufficient satisfaction to the undertaking, and be final and conclusive upon all parties. But in case the landlord shall not give any such undertaking, or comply with the offer, then the tenant shall give due notice to his landlord that he is prepared to carry out and will execute the proposed improvements himself, pursuant to his estimate and specification."

In carrying out this plan, Mr. Napier calls to his aid the machinery of the Board of Public Works in Ireland, as well as of the Assistant Barristers' Courts in the different counties, and the higher Courts of Law and Equity, and proposes, that

“Where the tenant shall have executed the works himself, on the refusal of the landlord to do so, he shall be at liberty to apply to the Assistant Barrister or County Judge of the district, at his Quarter Sessions, for his signature to a Certificate of Completion of the work done, according to a specified form; and on the Barrister being satisfied that the necessary conditions have been complied with, he shall sign the same, and it shall be registered accordingly."

carry out their respective objects: Mr. Pusey, by compulsory arbitration; Mr. Crawford, by giving to customary and incorporeal claims all the stability and character of fee-simple property, and those elements of perpetuity and inheritance hitherto incident to the soil alone; while Mr. Napier tries to steer a middle course, and to secure to the enterprising and improving tenant, in a matter-of-fact though rather a complicated and expensive way, and by direct legislative provisions and enactment, the benefit of his industry, skill, and capital, if deprived of the possession of the land before he can legitimately enjoy the same, and on the same principle that the property in trees is secured by registration at present.

Let us now suppose that the improvements have been duly executed under the different plans respectively, and that the tenant receives notice to quit, or to terminate his tenancy, how do the parties propose to compensate him? Mr. Crawford's plan is,

"That it shall be presumed that all improvements have been made by the occupying tenant, or those from whom he derived, unless the contrary be proved; and that he shall be entitled by law to the whole value thereof by the following process: 6 .' In case he shall be served with notice to quit, or an ejectment, or a demand for an increased rent made by his landlord, or in case he himself shall serve a notice of surrender on his landlord, with a demand for a reduced rent specified therein, and the same shall not be complied with, then in either case the tenant shall serve another notice on the landlord, specifying the reduced rent at which he proposes to continue in possession, or offering to leave the amount of compensation to arbitration, and proposing the name of an arbitrator to act on his behalf; and the landlord shall name another, with power for the two arbitrators to name a third, and they shall have the power of settling the amount of compensation in the usual way.'

In like manner Mr. Pusey proposes to appoint two valuers to act as arbitrators, to settle the amount of compensation, pursuant to the terms and conditions of his Bill, and that the moneys awarded should be recovered by the tenant, or his representatives, like a rentcharge for tithes, under the present Commutation Acts.

The awards of the arbitrators and valuers in Mr. Craw

ford's and Mr. Pusey's Bills may be considered to correspond with the Certificate of Completion when signed by the assistant barrister under Mr. Napier's measure, and in default thereof, or by way of appeal thereto, Mr. Crawford proposes

that

"In cases where the claim shall not exceed 1007., it should be referred to the Assistant Barrister of the County, with power to empanel a jury at the request of either party; but in case the amount claimed shall exceed 1007., then a similar application shall be made to the next going Judge of Assize, who shall have the same powers as the Assistant Barrister; and the decrees in both cases shall be final and recorded."

It appears that Mr. Pusey also gives an appeal in his Bill to the Enclosure Commissioners in case no award should be made, by the arbitrators not agreeing or otherwise.

Mr. Napier gives a right of appeal in all cases, from the decision of the Assistant Barrister to the next going Judge of Assize

"For all parties interested, and dissatisfied with the terms of the Certificate, and who appeared before the Barrister, or by attorney to oppose or watch the case; but where the right to a Certificate of Completion is not opposed, the decision shall be conclusive, and both the Specification and the Certificate shall be registered by the Clerk of the Peace in the manner there in prescribed."

The seventh section in Mr. Crawford's Bill contains the Rules for governing and directing the awards of the arbitrators, the first of which is, that in all cases, they should first specify in their decision, what they deem to be the fair rent of the premises, according to the definition previously given in the Act, which shall be taken to mean,—

"The landlord's just proportion of the money value of the gross produce (according to the market price thereof) which the lands are capable of yielding, under a fair system of improvement and culture, after due allowance has been made for labour, interest of capital, and for rates, taxes, &c., payable by the tenant; also deducting from the rent the interest of any capital expended in buildings or permanent improvements, the principal being otherwise secured."

Then follow a number of conditions which it is difficult to

define or describe, concluding however with the instructions, that "the arbitrators shall, in all cases, base their estimate of the value of The Tenant Right' on the annual rent, which they themselves shall determine as the fair rent for the premises ;" and the Bill also provides, that —

"If the landlord chooses to abide by the decision, and offers to continue the tenant in occupation at the fair rent so decided on, and shall also allow him to sell his interest or Tenant Right' at the market value to any solvent tenant he likes, then he the landlord shall not be required to pay compensation, as in the case of the tenant being evicted; and that such award shall be registered and have all the effect and power of a lease between the parties. If the landlord shall then proceed at law against the tenant to recover possession of the premises, the tenant shall be at liberty to give his claim for compensation in evidence; and if the award be not paid forthwith, or lodged in Court, or security given by the landlord for the due payment of any sum that may be awarded against him, then the tenant shall be entitled to a judgment as in ejectment in his favour."

Mr. Pusey's Bill is confined simply to making the award, when given, binding upon the parties; and in cases where the valuers will not agree, and will not appoint a third party, and that the award is not forthcoming, then either party may apply to the Enclosure Commissioners, to appoint a valuer, whose award in writing shall be equally binding on the parties; and it reserves the same power of appointing two or three such valuers to act as arbitrators, whose decisions shall be as binding, as if the matter had been reserved to and decided by the other valuers originally appointed.

The leading feature in this part of Mr. Napier's Bill appears to be, the mode of registering the different improvements in a book to be kept especially for the purpose, by the Clerk of the Peace for each county,

"In which the Certificate of Completion and full particulars shall be duly entered, and a certified copy of the same shall be received in evidence in any Court, as if the original had been produced and proved; and the same, when registered, or a copy thereof, shall be final and conclusive evidence, subject, however, to an appeal from the Assistant Barrister to the next going Judge of Assize and if the tenant should be threatened with eviction, it