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
In the case of tenancies not created by writing—tenancies from year to
year—there was no power of eviction for non-payment of rent under the
Common Law. The tenant of such a tenancy could only be ejected by a notice
to quit, which notice must expire with the termination of the year of his
tenancy. This system caused much difficulty to the landlord, as the onus
lay on him of proving the commencement of the tenancy, and, frequently,
even where the tenant had failed to pay the rent, eighteen months passed
before possession could be obtained.
The Common Law of England and the tribunals that administered it
discouraged the forfeiture of tenants’ interests, and the landlord was
held strictly to the technical proofs required by law.
The Irish Ejectment Code—how it Pressed against the Tenant.
In Ireland a different course was followed. The Irish “Ejectment Code,”
which originated in the reign of Queen Anne, had for its object, to quote
an eminent Irish lawyer, the expediting and facilitating the eviction of
the tenant. It got rid of every formality by which the old Common Law
delayed and obstructed the forfeiture of the tenant’s estate. Statute
after Statute was passed for this purpose. The whole principle of the
Common Law was reversed. Chief Justice Pennefather judicially declared
that it was a code of law made solely for the benefit of the landlord, and
against the interest of the tenant, and that it was upon this principle
that judges must administer and interpret it.
Facilities given for Evicting Leaseholders.
The landlord who sought to evict a tenant holding under lease was, down to
the year 1816, obliged to proceed in one of the Superior Courts of law, a
practice which caused much expense and delay. When the European peace came
in 1815, after the Battle of Waterloo, the fall in agricultural prices
rendered it difficult, if not impossible, for tenants to pay the high
rents which had been fixed while war prices ruled. An Act was immediately
passed (56 George III., c. 88) which enabled an ejectment to be obtained
in the County Courts at a small cost, and without delay. In this respect
Ireland was forty years ahead of England, as a similar jurisdiction was
not given to the English County Courts until 1856.
Facilities given for Evicting Yearly Tenants.
The Irish Ejectment Code applied only to tenants holding under leases or
written contracts. As the country advanced, landlords gradually ceased to
give leases, and the great majority of small tenants held from year to
year. To meet this state of things the Civil Bill Court Act of 1851
extended the ejectment for non-payment of rent to tenancies from year to
year. Under the English statutes no similar power was given, and the
English landlord was obliged in the case of non-payment of rent to first
serve the tenant with a Notice to Quit, and then proceed to evict him by
the slow and costly process of an action in the Superior Courts.
The Land Act of 1860 (Deasy’s Act).
Public-domain text, read in full here on John Shaqi.
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