Blackwood's Edinburgh Magazine, Volume 59, No. 367, May 1846Various
History
Blackwood's Edinburgh Magazine, Volume 59, No. 367, May 1846
Various
England -- Periodicals; Scotland -- Periodicals
perhaps without seeing, how much of it arises from their own indolence
or want of skill." With his usual disregard of truth, Mr O'Connell
attributes the assassinations which have taken place in Tipperary, to
the number of ejectments which have been carried into execution. "They
found that in Tipperary, where the greatest number of ejectments took
place, murders were most frequent. For that county, in one year, no less
than 5304 ejectments issued from the Civil Bill Court, to which there
were 14,816 defendants; and 1724 ejectments issued from the superior
courts, to which there were 16,503 defendants; making a total of 7028
ejectments, and 31,319 defendants. Within the last five years, upwards
of 150,000 persons had been evicted from their lands in the county of
Tipperary."
As an instance of the extraordinary ignorance of the laws, in which the
commissioners venture to propose amendments, and of the negligence with
which the report is drawn up, we quote the following passage from the
report:--"By the present practice, when a mesne lessee exercises his
power of redeeming under an ejectment for rent, the landlord may be
required to give up the land to him, without any occupiers upon it; and
it is _suggested_ that cases have occurred in which a mesne tenant has
permitted, or even encouraged, a process of ejectment against himself,
in order to throw upon the landlord the unpleasant task of removing a
number of sub-tenants, so that he himself might, upon redeeming, obtain
entire possession of the land. This requires alteration.
"The defendant, upon redeeming, is only entitled in justice to have the
land restored to him in the same state as to occupiers in which it was
when the ejectment was brought; and we recommend that the law should be
amended in this respect. The possession of the under-tenants, or
occupiers, who were upon the land when the process commenced, should,
for this purpose, be treated as the possession of the lessee."
It is almost unnecessary to say, that the restitution of the interest of
the mesne lessee by redemption, involves as a matter of course, as the
law now stands, the restitution of all the minor interests derived under
him--Who could have "suggested" such nonsense to the commissioners?--In
like manner, the notices which they suggest in cases of ejectment and
distress, are at this moment _absolutely indispensable to render either
proceedings valid_.
Public-domain text, read in full here on John Shaqi.
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