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

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914 EVIDENCE TAKEN BEFORE THE COMMISSIONERS APPOINTED 7th September, 1844, 

693. 
Mr. 
E. 
O'Sullivan. 

13. 
What mode is usuaUy adopted to recover rent from defaulting tenants ?—By 
distraint and sale of cattle and goods. 
14. 
Are arrears of long standing held over against the tenants?—In 
some histances. 
A very general practice is to aUow the amount of the arrears for improvements. 
15. 
Are receipts of rent usuaUy on account, or for a particular gale?—The 
practice varies, but they are generaUy passed for each gale. 
16. 
Do they specify that they are given for rent due up to that time?—Yes. 
17. 
Do the tenants hold m general mimediatcly uncler the proprietors, or under the courts, or are there many middlemen in the district ?—Under 
proprietors and middlemen. 
I know of none under the courts in this district. 
There is not much variety in the condi¬ tion of the tenants in tins district. 
The middlemen are generaUy large holders. 
18. 
Is the tenure generaUy at wiU, or by lease ?—GeneraUy 
at wiH. 
It is to be wished that leases were more general. 
The leases hi this district are generaUy of old standing, and contahi few covenants beyond stipulating for the rent—I mean those leases between the head landlord and middleman: there are very few other leases. 
If leases with proper clauses were general, I should expect to see the land improve, the tenantry more comfortable, and the rents better paid. 
1 find the practice of subdividing farms mto smaU portions Mghly injurious. 
19. 
Do facilities for, or hnpecliments to, improvements of land or bmldings arise out of the nature of the mterest of the proprietor or lessor in the estate ?—Impediments 
to hnprovements of land and buildings arise from the limited terms under which such lands aud buddings are held, as weU as from thc want of confidence hi the landlord; nor is there much, if any, remuneration given to the tenant when Ms term expires, or when it is the wiH or pleasure of the landlord to remove him. 
There arc some exceptions, however, in tMs district. 
20. 
By whom are permanent hnprovements effected ?—In 
some instances the landlord makes some smaU aUowances for building houses, &c. 
21. 
Do none of the landlords give any aUowance for draining, or any tiring done to the land ?—No, 
not for draimng. 
I have never known any aUowancc made for draimng. 
The hnprovements not bemg much encouraged, the costs are very trifling, and the profits must be proportionably smaU. 
22. 
What is the effect of the improvements hi increasing the demand for labour ?—The 
labour being performed by the tenantry, the effect in increasmg the demand for labour is Httle. 
Improvements might be very beneficiaUy carried out to a very great extent m drahiing, fencing, sowing grass seeds, green crops, improved management of manure yards, housmg cattle, improving the breed thereof, &c, &c. 
23. 
Does the sale of the goocl-wiU of farms prevaU in the district, and to whom is the purchase-money paid ?—It 
is very prevalent, the out-going tenant generaHy getting the jiurchase-money. 
It is recognised by the landlords, the effect being to reconcde the out¬ going tenant to Ms departure, it being his own act; but the sale of good-wiH must be to another tenant on tho same property or farm. 
But this never occurs untU the tenant finds Mmself getting weak, and unable to stock or manage his land: they wiH oidy resort to it as the last resource, or perhaps to enable them to emigrate. 
24. 
What is the value of the good-wiH as compared with the year's rent, or per acre ?— 
The value is not acreable. 
The in-coming tenant generaUy assumes whatever rent may be due or growing due, and gives the out-gohig tenant sometMng m hand, accordhig to their private agreement. 
25. 
Is the value increasing or decreasing, and how far is it affected by the tenure ?— 
The value is increasmg as the demand for land increases. 
I do not tMnk it is much affected by the tenure, particularly under a good landlord, as under Mm land even held at wiH finds ready and eager bidders. 
26. 
Has there been any consoHdation of farms in the district ?—There 
are few histances of the consoHdation of farms hi tMs district; the contrary is the practice, the tenant, if aUowed, being anxious to divide Ms holdmg among Ms sons and daughters. 
The effect of consoHdatmg farms wMch have large mountamous ancl unimproved tracts, such as are m tMs district, would tend to no good, but would do good on the lands already improved. 
27. 
Does the subletting or subdivision of farms continue ?—It 
would be practised to a great extent if aUowed by the landlord, but it seldom is. 
The view is to provide for cMldren, the effects are injurious to aH. 
It is not permitted by the landlords, but is practised contrary to agreement, and the consequence is, that tenants are frequently turned out of then-holdings by the landlord in consequence of tins system of subdividing. 
Its effects are to mcrease the population, of course. 
I have seen none of the effects of new letting on sub-tenants in this district. 

28. 
What is the condition of the farming population; are the large farmers getting more comfortable ?—The 
large farmers are generaHy comfortable. 
The difference in the condition of the smaU tenantry and labourers is very little, the smaU tenant bemg glad to obtain labour, either for himself, his son, or servant boy, wMch goes agamst Ms rent. 
I tMnk, in tMs district, the smaH tenants and labourers are improving from the sobriety, and recent habits of industry of the people, consequent on temperance. 
29. 
Is their capital sufficient for then* operations ?—Capital 
is very much wanted. 
1 have mentioned the rate of mterest already, when obtamed from loan funds or local usurers. 
39. 
Is the acreable rent of the small tenantry higher than on larger farms ?—There 
is no acreable rent, The rents of small tenantry are not generaHy higher than those of wrgQ