The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
“One great reason given by the people themselves for leaving the
Kingdom is the poverty to which that part of the country is
reduced, occasioned in a great measure, they say, by raising of
rents in many places above the real value of land, or what can be
paid out of the produce of them, if any tolerable subsistence be
allowed to the farmers using their utmost industry.”
Complaint was also made of the uncertain tenures, the short leases, and
“the usual method of late when lands are out of lease,” which was “to
invite and encourage all persons to make proposals and set them to the
highest bidder without regard to the tenants in possession.”
Relation of Landlord and Tenant in Ireland prior to 1860.
The relation of landlord and tenant in Ireland was, down to the year 1860,
based on tenure, not on contract. The old feudal tenures imported from
England were, during the last two or three centuries, modified and altered
by the existing Irish customs. The result was that a period of much doubt
and confusion arose, and an extraordinary collection of Acts dealing with
land was placed on the Irish Statute Book. In the reign of George III.
upwards of sixty of these Acts were passed for Ireland, while six sufficed
for England. The following reigns were equally productive in agrarian
legislation, and the condition of the occupiers became more and more
unsettled and unsatisfactory, and “wild doctrines,” to quote the words of
the eminent authors of a standard work on Irish Land Tenure, published in
1851, were agitated, including “extravagant demands for fixity of tenure
and compulsory valuation of rents.”
The relation of landlord and tenant, based on tenure that prevailed down
to the year 1860, gave no security of occupation to the tenant, and did
not protect his improvements, but the cost of ejectment and the legal
difficulties of proof that accompanied it exercised a powerful restraining
influence in preventing capricious eviction.
Position of Tenants under the Common Law as regards Eviction—in the case
of Leaseholds.
During the eighteenth and early part of the nineteenth centuries, while
many Irish tenants held under leases or written contracts the great
majority were tenants from year to year. Under the Common Law both in
England and Ireland, the right of the landlord to recover possession of
the land in the case of a lease or written contract depended on the
covenants and conditions in the contract, and no ejectment could take
place unless for “a condition broken.”
In the Case of Yearly Tenancies.
Public-domain text, read in full here on John Shaqi.
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