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

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TO INQUIRE INTO THE OCCUPATION OF LAND IN IRELAND. 
971 class have recourse to local usurers in some cases, at rates of from twenty to twenty-five per nth Sept., 
1844. 
cent. 
There ib a great want of capital among the minor tenants, and they purchase stock 

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and seed at a very advanced price, on getting time for the payment of it. 
The advance in 7&@* tho price is proportionate to the length of their accommodation. 
M* Alcc,ck» es1-29. 
What mode is usually adopted for recovering rent from defaulting tenants ?—The 
usual mode is by distress, but there is very little of that—it is very seldom resorted to ; it is by distress or ejectment. 
It is only the minor middlemen, if I may describe such a class, that distress their tenants. 
30. 
Arc tbe receipts of rent usually on account, or up to a particular gale ?—Always 
up to the gale. 
In some cases there is a dead half-year allowed by the large proprietors. 
The rent is usually paid at May and November, and March aud September. 
31. 
Do the tenant!s 
hold in general immediately under tiie proprietors, or are there any middlemen ?—There 
arc not many middlemen now; they hold generally under the proprietors. 
32. 
Are thero many properties in your neighbourhood under the management of the courts?—I 
know of but one. 
33. 
What is the condition of the tenants under thc middlemen and those under the courts, compared to those under the head landlords?—The 
consequence of their holding without a proper tenure to encom ago them to improve the land is, that the land will be deteriorated every hour, and consequently a large property will be deteriorated in proportion. 
34. 
Do the tenantry hold generally by lease, or from year to year?—I 
think by lease, generally, for a longer or shorter term. 
35. 
What arc the usual covenants in tho leases ?—They 
vary very much, but there are generally covenants against under-letting. 
36. 
What observation do you make upon the relative condition of those holding under lease, and those at will?—Thai 
depends entirely upon the person they hold under. 
There have been properties upon which there have been no leases, and still the tenants, having good faith in the landlord, have continued to improve. 
37. 
Are the people, in your opinion, anxious to obtain leases ?—Very 
anxious. 
The tenure is principally under the proprietor, and tho term varies. 
The condition of the tenant mainly depends upon the peimanency of tbe tenure, if tho laud is let for a reasonable value, and the tenant is industrious and with sufficient capital. 
The quality of tho land has been so deteriorated, in most cases, on the expiration of leases particularly, when formerly held by middlemen, and under-let to tenants, by constant cropping and improper treatment, that on re-lotting, and a consolidation of the very small farms into holdings of a moderate size, even such as would require a pair of hordes for tho cultivation, a short tenure would not be sufficient for the occupier to bring it into such a productive and improved state as to give him a fair remunerative return for the capital required to be expended, except tho improve¬ ments were made or allowed for by tbe landlord. 
38. 
What do you consider a suiiicieut lease to gi vo clue encouragement for improvements ?— 
1 givo thirty-one years, or three lives. 
In cases of tenants holding under short tenures, the actual state of tho premises when they entered into possession should be taken into consideration, and no advance of rent should bo required from his improvements, but reference should bo had to the original state, and a fair rent imposed, having regard to tho price of produce on the commencement aud termination of the term ; but if the landlord has made the improvement, or given the tenant an allowance for them, he should have a fair per centage in the increase of rent on tbe renewal ot the term ; and also, if there should be an improvement in thc neighbourhood, that is, by the erection of a town, or the erection of a manufactory, which increase tho value of the land, the landlord should h ive a fair increase of rent. 
On'the termination of the tenure the landlord should always have the power of resumption, allowing the tenant for any improvement, fairly, not fancifully made, but actually and beneficially, in proportion to'the size of the farm. 
39. 
By whom aro permanent improvements generally effected—by tbe landlord, or by the tenant, or jointly ?—I 
think jointly. 

40. 
Can you state any system followed on any of tho estates in this country of assisting the tenants'in those improvements?—They 
generally give timber and slates for the houses. 
With respect to the drainage, it is only within the" last year and a half that it has been introduced. 
I do not know that any of the landlords assist in that. 
41. 
Does the sale of the good-will of farms prevail in this district ?—No 
; the people are too anxious to retain the lands, if practicable. 
42. 
If they get into arrear are they allowed to dispose of their farms ?—In 
some cases they would be i'f the landlord approved of the purchaser. 
It is only just that they should. 
43. 
Has there been any consolidation of farms in this district?—Yes, 
decidedly there has from time to time. 
44. 
Any recently ?—Yes. 
45. 
To what extent, and with what object?—When 
farms were let to middlemen, the habit of the middleman was, to let a portion of the land, so much as would leave Mm the remainder of the land rent free; and the consequence was, the landlord had a great accumu¬ lation of paupers upon the estate, and when the lease was out those persons mu&t geuerady leave the land. 
46. 
Can you form any opinion as to the number of families that have been dispossessed m this district'in the last three or four years?—I 
could not answer that. 
47. 
Do the persons dispossessed receive any thing?—Yes, 
generally their cropb on going out. 

Part II. 
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