Ireland -- Description and travel; Ireland -- Social conditions
Sale is the resort of the landlord when he proceeds by writ
or process as an ordinary creditor. From eight to twelve days
are allowed after service of the writ before judgment can be
marked. The sheriff may seize cattle if he finds them on the
farm, or he may seize and sell the tenant’s interest in the
farm. A tenant who has his mind made up for the fight will
have his cattle turned into money before the judgment comes
on. Every tenant who neglects to dispose of them is preparing
himself to accept the landlord’s terms, for he will not wish
to see the emergency men profit by taking his cattle at some
nominal price, and if he buys he is in reality handing the
landlord the amount of his demand. Sale of a farm is not of so
much consequence. Every farm sold in this manner during the
agitation either has come or is bound to come back to its owner
even on better terms than he first held it. But if a man has
a very valuable interest in his farm, he can place it beyond
the sheriff’s power by mortgaging it to some one to whom he
owes money. Mortgage effected thus for a _bonâ fide_ debt or
consideration bars the sheriff’s power of conveyance at a sale.
If the landlord or emergency men be represented, the cattle
should not be allowed to go at a nominal sum. They should be
run up to their price, and, if possible, left in the hands of
emergency men at full price. It should be borne in mind that if
the full price be not realised the sheriff could seize again
for the balance.
In bidding for a farm it should also be run to amount of debt,
but by a man of straw, or some one who, if it were knocked
down, would ask the sheriff for time to pay. By making the
landlord’s bidder run it up to the amount of debt and costs,
and leaving it on his hands, the sheriff cannot follow the
tenant further. No auction fees should be allowed. A farm held
on a lease for a life or lives, any one of which is extant,
cannot be sold by the sheriff. After sale a tenant is still
in possession of holding until a fresh writ is served and a
judgment for title marked against him. All this involves the
landlord in fresh costs. The eviction may then follow, and the
observations above recorded in case of ejectment or eviction
apply here.
Public-domain text, read in full here on John Shaqi.
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