Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
These considerations indicate, to some extent at least, the nature and
especially the value of these appeals. But this was not all, or nearly
all; there was a grave miscarriage of the simplest justice in this
important province. Appeals, I have said, came in, in thousands; the work
thrown on the Land Commissioners was immense; as one of their present
successors remarked, 'If proper consideration' (had been) 'given to all
the appeals you would' (have) 'wanted ten Appeal Courts to do it;'[116] as
was said again substantially, 'Appeals would have crushed the Land
Commissioners, had they not been crushed by them.'[117] In this position
of affairs, the Land Commissioners, no doubt with no bad or sinister
purpose, adopted what must be called a device, to enable them quickly to
dispose of appeals, nay, almost in a summary way. They were empowered,
under the Act of 1881, to appoint 'independent valuers' to examine lands,
and to report on the subject of their 'fair rents;' it was never
contemplated that statements of this kind were to dispense with the duty
of hearing appeals in detail, and pronouncing solemn judgments upon them;
but, practically, the Land Commissioners, in the great mass of instances,
when adjudicating on appeals, as regards 'fair rents,' almost wholly
relied on the reports of these valuers, who, be it observed, were in no
sense witnesses, and were not subject to examination on the part of the
suitors before the Court. In a word, the Land Commissioners did not
exclude other kinds of evidence; but unquestionably the dicta of the
valuers, as a rule, determined the decisions they made on 'fair rent.'
This expedient greatly accelerated appeals; but it reduced the right of
appeal well-nigh to a sham; and this procedure was by many degrees more
repugnant to justice than that of the Sub-Commissions. In an inquiry held
before the House of Lords in 1882, an eminent member of the Irish bar
remarked, 'It was the most unsatisfactory tribunal that I ever was before.
What occurred was this: they took up the figures of the old rent, which we
will say was L100, and the valuation L70, and the new rent L80. Then they
took up the valuer's report, which was a document concealed from the
parties. It was entirely for the information of the Court, and they turned
round to me, as the landlord's counsel, the landlord being the appellant,
and said, "Can you go on with this appeal in the face of this document?"
and they would show me the document.'[118] And in the inquiry I have often
referred to before, another distinguished lawyer has said, 'I have been in
cases where, in order to overcome the difficulty, I marshalled a perfect
phalanx of witnesses, for the landlord, but it was all no use. They
listened to them, I admit,--they suggested that I was wasting time, but I
am not stating they did not hear them,--but in the end, in the morning,
the announcement was made that the judicial rent was confirmed.'[119]
Public-domain text, read in full here on John Shaqi.
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