Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
I turn to the administration of the new Irish Land Code, of which I have
described the distinctive features. The County Courts of Ireland, I have
said, were entrusted with the task of carrying out the Land Act of 1870;
the principal duty of the judges was to determine rights, under the Ulster
and analogous Customs in the south, and to declare the sums to be paid to
tenants, when leaving their holdings, for compensation for improvements,
and in respect of disturbance. As evictions were by no means frequent, in
the period between 1870 and 1879, the litigation before these tribunals,
under these different heads, though by no means trivial, was not
excessive; the applications on the part of tenants were not very numerous;
there was ample time to consider the law, whether in the subordinate or
the appellate Courts; and though there was much difference of opinion as
to the amount of compensation to be given to suitors, the administration
of the Act was not seriously impugned,[88] and, on the whole, was
reasonable and just. The most remarkable circumstance in the inquiries
held before the Courts was, certainly, the extravagance of the claims put
forward, on account of tenants' improvements, circumscribed as these were
by the limitations of the law; everything in the nature of an agricultural
work was called an improvement, from repairing an old fence to cleaning an
old drain; hours and days were lost in endeavours to disentangle the
truth, and to arrive at sound and legal conclusions. I could fill scores
of pages with descriptions of demands of this kind, usually pressed with
reckless and hard swearing; they ought to have been a warning, as
unhappily they were not, not to break down the restrictions contained in
the Act of 1870, and not to extend legislation, in this direction, against
the rights of the landlord. I confine myself to a single example: I tried
a case, in 1895, in which a tenant's claims, under the Act of 1870, were
L1130; I cut these down to L164; after deducting L155 found due to the
landlord, I adjudged to the tenant a sum of less than L10; and there was
no appeal from the decision I pronounced.[89]
Public-domain text, read in full here on John Shaqi.
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