Irish History and the Irish QuestionSmith, Goldwin
History
Irish History and the Irish Question
Smith, Goldwin
Ireland -- Politics and government; Irish question
Sections forty-five to one hundred and two deal with actions for the
recovery of rent and actions of ejectment. The most important provision is
that which provides that if a tenant has had a decree given against him in
an action of ejectment, he may be restored to his holding on applying to
the court within six months, and paying the rent with arrears and costs.
Such are the main features of Deasy's Act. Beyond consolidating and
regularizing the existing law it achieved nothing. A decided advance,
however, was made in the Landlord and Tenant (Ireland) Act, 1870, which
was restricted in its operation to agricultural and pastoral tenancies. We
have seen how there existed in Ulster and other parts of the country
certain customs favourable to the tenant. To the Ulster custom, as it was
called, Ulster was indebted for exceptional prosperity.
The contentment of its agricultural population was in strange contrast to
the seething discontent of the other parts of the country. Much of the
thrift and plenty that exists in parts of Ulster to-day can be traced back
to the exceptional treatment accorded to the tenants of Ulster long
before legislation came to the aid of their less fortunate brethren south
of the Boyne. The aim of the Land Act of 1870 was to place the latter
class in a similar position to the Northerns. The act legalized the Ulster
custom and similar usages. It gave tenants not subject to these a right to
be compensated for their improvements on quitting their holdings, and
guaranteed a measure of security by providing compensation for
disturbance. What is "disturbance" is a question for the court, and must
be decided on the facts of each particular case.
Agreements not to improve the holding, or not to claim for improvements,
are declared void. If the holding be subject to the Ulster custom, there
is a general presumption that the improvements belong to the tenant.
The term "improvements" shall mean in relation to a holding (1) any work
which, being executed, adds to the letting value of the holding, on which
it is executed and is suitable to such holding; and (2) tillages, manures,
or other like farming works, the benefit of which is unexhausted at the
time of the tenant quitting his holding.
Public-domain text, read in full here on John Shaqi.
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