Law and practice in respect to the occupation of land in Ireland: minutes of evidence: part II

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940 EVIDENCE TAKEN BEFORE THE COMMISSIONERS APPOINTED 9th September, 1844. 
these men so much for these houses, I will keep them in repair," and I make them hoi 1 

during the lease. 
I give the tenant a lease for three young lives. 

36. 
Do tho cottiers hold from the tenant?—Yes, 
they hold from thc tenant, and I fi-John O'Connell, esq. 
^Q reirfc for {[IC aoro 0f ground, and instead of paying 25a. 
for the house, they wiH have it 

for 10a., 
and I fix tho rent for the potato garden, the turf bog, and the cabbage o-arden so as to give them an opportunity of roaring a pig, which is a great advantage to a poor man' 37. 
You build the houses for them ?—Yes. 
38. 
Do you find that this system succeeds well ?—It 
did not originate with me. 
It vyas from Sir William Bcocher T learnt it, who has some property there. 
I thought it as well to take pattern by the good example shown in tho neighbourhood. 
I think the effects upon the comforts of the people will be such as 1 hope to witness yet. 
It will make the poor people somewhat comfortable, and have a good effect in the neighbourhood. 
39. 
Is there any unwillingness on the part of the farmers to employ labourers so inde¬ pendent as these ?—Not 
that 1 am aware of. 
I think it would be the interest of the labourer to have employment, ancl if I did not attend to the caUs of the man who is the tenant of the land, I must go to a stranger, a man who wiU not take any pains by me. 
What I think is a very great injury to thi* country, is when long leases become terminable" leases taken 100 years ago, the direct tenants upon these properties clo not look up to the landlord, and between the upper landlord and the middle landlord the interests of the poor people are very often not taken into consideration. 
-The middleman wiU naturaUy say, "When this lease expires I have clone with it." 
He is perfectly careless about the people! 
The upper landlord will say, 

" I have no direct interest in this, the lease does not come in for ten or twelve years." 
I havo nearly 1,000 acres of fee-simple property taken 100 years ago. 
I have very little interest in it. 
I know there is a mixture of creeds of Protestants and Catholics; and though I am a Catholic, and though there are sixteen years to run, if a man who is a Protestant gets a lease, I encourage him to build a house for himself; and the consequence is this, to my own knowledge, that land not worth 2s. 
6d. 
an acre I have seen in the last six months worth 20a. 
an acre. 
40. 
Have you made any attempt to purchase the middleman's interest ?—Yes; 
ancl I have in some cases clone so, but it is generally tied down in marriage settlements m some way, ancl we cannot do it. 

41. 
Do you think it would bo advantageous to the country generally, if greater faculties wTere given to purchase up such interests ?—Yes, 
the greatest possible advantage. 
42. 
Have there been any agrarian outrages in tho district ?—None 
whatever. 
There was only one case I know of on thc estate of tbe Earl of Kenmare, the only bad case that ever occurred in this barony in the last forty years, and that was in the last twelve months. 
43. 
What was the nature of the outrage ?—There 
was a largo tract of land came into Lord Kenmare. 
One of the tenants did not renew for his land, ancl went to Lord Kenmare. 
lie over-held possession, and he was ejected. 
The case came to trial at the Cork assizes, and there was a verdict for Lord Kenmare, and the house was dilapidated. 
I had frequently remonstrated with the tenant to give possession. 
44. 
What proportion does the county cess generally bear to thc rent ?—In 
tMs barony it is twelve per cent, upon an average. 
I pay myself twenty-five per cent. 
45. 
At what season is it levied ?—Generally 
in spring for the spring assizes, and June for tho summer assizes. 
46. 
When is tbe landlord's proportion of the poor rate usually allowed?—I 
think immediately upon thc tenant presenting the poor rate receipt. 
47. 
Have you heard any complaint of it not being allowed?—No, 
I have not. 
48. 
Have you any suggestions of any measures of improvement in the law ancl practice with respect to the occupation of land m Ireland, or as regards the county cess or other burdens ?—I 
am decidedly of opinion, that the county cess is very heavy upon the farmers, and I think that thc owners in fco should boar a very considerable proportion of the expense, inasmuch as of course any improvements that arc made, must tend to then-advantage. 
Tho land that is sot from year to year becomes more valuable, ancl the profit must go into the landlord's pocket. 
If thero arc old leases nearly expired, when they expire the profit wiU go into the landlord's pocket, ancl 1 think tho landlord should pay a very principal portion of the county cess; it is a heavy tax. 

[ The witness withdrew.] 
705. 
Rev. 
Thomas Barry. 

The Reverend Thomas Barry, sworn and examined. 
Are you parish priest of Bantry ?—Yes, 
I am. 
How long have you been here as parish priest ?—Twenty-one 
years, last March. 
3. 
Is there any particular point to which you would wish to direct the attention of the commissioners ?—What 
I principally complain of is the want of security on the part of the poor of my parish, and tho unfeeling, unnatural conduct which is pursued towards them, m. 
order to evict them. 
I must say that in general the people, with the exception of one land¬ lord, have no security. 
There may be some leases uncler Lord Bantry; and it is only justice to his character to state, that he would be incapable of any act of oppression. 
By want ot security, I mean the want of leases. 
The exception is Mr. 
Richard White, of IneMclougii. 
On Ms estates, with the exception of one or two farms, they genneraUy have leases, and it they are not comfortable it is their own fault. 
, , 

4. 
Do you find that where those persons have leases they have improved their land, an cultivated it more than where they have no leases ?—I 
do not know any property in W county where the farms have been more improved than under Mr. 
Richard TvMte.