SELECT COMMITTEE ON PUBLIC WORKS (Ireland).
,7l
O : V
John Darcy, Esq, 2027.
You talk of expending 4I.
an acre upon the improvement of land ; in what *tate would that leave it ?—It
would leave it fit for manuring and sowing a crop in it.
* June l835* 0028.
And in cultivation afterwards, would it require a greater outlay than in common farming?—I
think not.
2029.
Would that 4/.
cover the expenditure for manure upon the land?—
It would not manure it.
2030.
Are you aware that in the county of Clare, the same estates which adjoin the"sea, under entirely the same circumstances as the great part of the district of which you have spoken, the rent of from 305.
to two guineas an acre is paid by the tenantry, in consequence of the great benefit found to arise from manuring the "land by sea sand ?—I
am aware of it 2031.
Is not a crop of oats in Connemara highly valuable ?
—Yes, they are very fine oats.
2032.
Does it bear a high price in the London market ?—I
have been told by a merchant who has got a cargo from Clifden, that it bore a higher price than any other oats in the London market.
Pierce Mahony, Esq.
called in; and further Examined.
2033.
HAVE you any thing to suggest to thc Committee respecting the power of PierceMahony, Esq.
leasing which might be advantageously given to the landlords of Ireland?—
1 have been present while Mr.
Darcy has been under examination; and having professional knowledge of Mr.
Darcy's case, as well as that of Mr.
Martin of Galway, I think it right to state, that the legal difficulties referred to by Mr.
Darcy prevented the expenditure of a large sum of money in the working the quarries of those gentlemen in Connemara.
The Hibernian Mining Company would have worked them ever since 1825, but that I could not report a safe and perfectly safe title, freed from incumbrances, had been made out.
This defect arose from settlements and incumbrances riding over the entire estates.
The suggestion I should make, with a view to remedy such defects, is, that the creditor or remainder-man should only be entitled to the rent or royalty reserved by the landlord, and should not have the power of disturbing the possession of the tenant; and the same rule might apply to all leases made at the full improved value ; and thus security would be afforded to the tenant for the capital which he may expend in the improvement of the estate, and that too without detriment to the creditor or to the inheritor.
The effect of my proposition would be, to give the tenant who originally contracted to pay the full value of the lands or royalties leased to him, a quiet possession as against incumbrancers and remainder-men to the extent of the increased value of the property arising from his (the tenant's) capital and skill.
The creditor's right to recover the rent reserved from the tenant would still remain, but the possession of the tenant so long as he pays the reserved rent would be protected.
2034.
Is not your plan equivalent to giving a power to the landlord to lease without the privity or consent of the incumbrancer ?—Yes,
it may have that effect; but if the incumbrancer will not look after the estate and go into possession of it, and that he leaves the management to his creditor, his latent rights ought not to impede the due management of the estate.
I propose to give the proprietor or the creditor in possession power to lease at the most improved rent which could be had, but without receiving any pecuniary premium or fine.
2035.
How would you guard such leasing power against the possibility of the proprietor's taking fines ?-—In
the same way as the remainder-men are now protected against the acts of the tenant for life under the ordinary leasing power, which is given on the express condition that the leases shall be made without fines at the most improved rent and for a limited period; the question then becomes a jury ques¬ tion, and so it would be in the case of incumbrancers.
T'fu ' *S ll n0t a vi°lauon °f the contract between mortgagor and mortgagee?—
laterally speaking it may be so, but it is not so in reality ; the mortgagee has the egal estate vested in him, and the right of the mortgagor is but an equitable one gpon Payment of the incumbrance.
I do not consider that the adoption of the uggestion I make could in 999 cases out of 1,000 affect the real and substantial erests of the creditor.
1 make the suggestion with a view to increase the cred>eritk °f the country generally, and the consequent increase of security to the
"or, by removing legal impediments which now prevent tenants improving their 0,17-y2 .
lands