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Report of Her Majesty's Commissioners of Inquiry into the Working of the Landlord and Tenant (Ireland) Act, 1870, and the acts amending the same online

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landlord from the tenant or his predecessors in title in respect of

rent not exceeding three years rent or in respect of any deterioration Disagreed to.

of a holding arising from non-observance on the part of the tenant

of any express or implied covenant or agreement, and also any

taxes payable by the tenant due in respect of the holding, and not

recoverable by him from the landlord, may, if not deducted under

the provisions of section four of this Act, be deducted by or on

behalf of the landlord : Provided always, that this section shall not

apply when such money or money's worth has been paid during the

existence of a lease made before the passing of this Act.

7. Where a holding is proved to be subject to the Ulster tenant- Compen-

right custom, or such usage as aforesaid, and where the tenant nation in
° ' ° ' respect ot

claims under such custom or usage and such custom or usage extends crops,
to away-going crops, the compensation payable in respect of away-
going crops shall be dealt with according to the custom or nsage,
but the tenant of every other holding, which is not proved to be
subject to the Ulster tenant-right custom or such usage as afore-
said, or in respect of which no claim is made under such custom or
usage, shall, in the absence of any agreement in writing to the con-
trary, on quitting his holding, be entitled to all his away-going
crops, or at the option of the landlord to be paid the value of the
same.

8. For the purposes of this Act ejectment for nonpayment of Limitation

rent or for breach of any condition against assignment, sub-lettinsr, ^^ todiaturb-
, ■, . .1 1 11 ; , n ,1. ^'ance in hold-

bankruptcy, or insolvency shall not be deemed disturbance of the ing.

tenant by act of the landlord, unl e ss th e Court dooidoo that it ought
o n spooial grounds to bo oo doomed in the oaac of a pcraon claiming
c ompensation on th e determination by such ejectment of a tonaucv
e xi s ting at the time of tho passing of thio Aot, and continuing to
e xist without any alt e ration of rent up to the time of auch det e r-
mination;* and for the purposes of this Act a person who is ejected
for nonpayment of rent, or for breach of any such condition as
aforesaid and is not disturbed by act of the landlord within the
meaning of this Act, shall stand in the same position in all
respects as if he were quitting his holding voluntarily. Provided,
that in the case of a person claiming compensation on the deter-
mination by ejectment for nonpayment of rent of a tenancy existing
at the time of the passing of this Act, and continuing to exist
without alteration of rent up to the time of such determination, the
Court may, if it think fit, treat such ejectment as a disturbance if
the arrear of rent in respect of which it is brought did not wholly
accrue within the three previous years, and if any earlier arrear
remained due from the tenant at the time of commencing the eject-
ment :f or if in case of any such tenancy of a holding vffhwd imdoi^.



* This Amendment was disagreed to by the Commons and insisted on by the Lords.

t This proviso was originally disagreed to by the Commons and insisted on by the
Lords. The Commons then added the words in itah'cs, which again were amended by
the Lords as above.

(84) C



Exception
in case of
lands re-
quired for
labourers
cottages.



Derivative
title of
tenant.



Partial
exemption
of certain
tenancies.



Clause B.
Eestrictioii
as to com-
pensalion in
certain cases
of assign-
ment.



( 10 )

t he Aot& poimtin^ id th& miMotUoa of mioMo p^^opo^'tij m Jv^hmd
heldat an cmtmal vtOm- rent not ea;ceeding fifteen pounds the Court
shall boofopimon certify that the nonpayment of rent causing the
evietion has arisen from the rent being an e momim eceorUtanP'ent :
Provided, that no tenant who shall have given notice of surrender,
and afterwards refuse to give up possession in pursuance of such
notice, shall he entitled to any compensation under section three
of this Act though evicted by the landlord in a suit founded on
such notice.

9. Any landlord may, after six months notice in writing, to he
served upon the tenant, or left at his house, resume possession from
a yearly tenant of so much land (not to exceed in the whole one
twenty-fifth part of any individual holding), as he may require for
the bona fide purpose of erecting thereon one or more labourers
cottages, with or without gardens attached, and such resumption
of land shall not, unless the Court shall be of opinion that same
was unreasonable, be deemed a disturbance of the tenant within
the meaning of this Act, and shall not subject the landlord to any
claim for compensation, except in respect of improvements, beyond
a propoptioncuto an abatement of rent proportionate to the anniial
value of the land so taken by the landlord.

10. i'or the purposes of this Act a tenant shall be deemed to have
derived his holding from the preceding tenant if he has paid to
such preceding tenant any money or given to him any money's
worth in respect of his holding, or has taken such holding by
assignment or operation of law or by s ticce ss ion from the preceding
tenant ; and where a succession of tenants have derived title each
from the other the earlier in such succession shall be deemed to
be the predecessor of the later, and the later in such succession
shall be deemed to be the successor of the earlier.

11. A tenant of a holding which is not proved to be subject
to the Ulster tenant-right custom or such other usage as aforesaid,
whose holding or the aggregate of whose holdings in Ireland is
valued under the Acts relating to the valuation of rateable property
in Ireland at an annual value of not less than fifty pounds, shall
not be entitled to make any claim for compensation under any
provision of this Act in cases where the tenant has contracted in
writing with his landlord that he will not make any such claim.

Where the holdmg In respect of wliieh compensation is
claimed under section three of this Act is held under a tenancy from
y^ar to year existing at the time of the passing of this Act, and
such tenancy is assigned without the consent of the landlord, and
the landlord does not accept the assignee as his tenant, no compen-
sation shall be payable by the landlord under the said section in any
of the cases following :

(1.) Where the rent of such holding is in arrear at the time of
such assignment so as to render the tenant liable to evic-



( 11 )

tion for nonpayment of rent, and such arrear is due by the

tenant :
(2.) Where such holding forms part of an estate upon which the

assignment "Kf holdings without the consent or approval of

the landlord is contrary to or not warranted by the practice

prevalent upon such estate :
(3.) Where the Court shall be of opinion that the refusal of the

landlord to accept such assignee as tenant is a reasonable

refusal : '
Provided always, that the transmission of a tenancy by bequest to
the husband or wife, or to any one child or grandchild, or to any one
brother or sister, or to any one child or grandchild of a brother or
sister of the tenant, ov the devolution of a tenancy by operation of
law upon an intestacy or marriage, shall not be deemed an assign-
ment within the meaning of this section.

Where it is proved to the Court that the tenant of any Clause C.
■^ . , . Eviction in

holding held under a tenancy from year to year existing at the time certain cases

of the- passing of this Act is evicted by the landlord by reason of ^ot'^'^J'®

the persistent exercise by such "tenant of any right not necessary disturbance.

' to the due cultivation of his holding, and from which such tenant

is debarred by express or iinplied agreement with his landlord,

such eviction shall not be deemed a disturbance of the tenant by

the act of the landlord, or where the tenant of any holding so held

as last aforesaid at the time of the passing of this Act is evicted

by the landlord by reason of the tenant's unreasonable refusal to

allow the landlord, or any person or persons authorised, by him in

that behalf, he or they malsing reasonable amends and satisfaction .

for any injury to be done or occasioned thereby, to enter upon the

holding for any of the purposes following; that is to say.

Mining or taking nainerals ;

Quarrying or taking stone, marble, gravel, sand, or slate ;

Cutting or taking timber or turf ;

Opening or making roads, drains, and watercourses ;

Viewing or examining the state of the holding and all buildings
or improvements thereon ;

Hunting, shooting, or fishing, or taking gaine or fish :
Such eviction shall not be deemed a disturbance of the tenant by the
act of the landlord, unless it shall be shown that the landlord is
persisting in such eviction after such refusal has been withdrawn by
the tenant.

12. No compensation shall be payable under the preceding pro- Exemption

• • P j-i • A I • J. £ of certain

Visions of this Act m respect oi — j^j^^g

(1.) Any desmesne land, or any holding ordinarily termed
" townparks " adjoining or near to any city or town which
shall bear an increased value as accommodation land over
and above the ordinary letting value of land occupied as a
farm, and shall be in the occupation of a person living in
such city or town, or the suburbs thereof, or any holding



( 12 )

let to be ^secl wholly or mainly for the purpose of pasture,
and valued under the Acts relating to the valuation of
property in Ireland at an annual value of not less than
fifty pounds, or any holding let to be used wholly or
mainly for the purposes of pasture the tenant of which
does not actually reside on the same, unless such holding
adjoins or is ordinarily used with the holding on which
such tenant actually resides : Provided, that nothing
herein contained shall prevent the tenant of any such
holding making any claim which he otherwise would be
entitled to make under sections four, five, and sis, seven,
of this Act ; or,

(2.) Any holding which the tenant holds by reason of his being
a hired labourer or hired servant of the landlord-; or,

(3.) Any letting in conacre or for the purposes of agistment or
for temporary depasturage ; or,

(4.) Any holding let and expressed in the document by which it
is let to be so let for the temporary convenience or to meet
a temporary necessity either of the landlord or tenant, and
the letting of which has determined by reason of the cause
having ceased which gave rise to the letting ;

(5.) Any cottage allotment not exceeding a quarter of an acre.

Troceedings in rested of Claims.

13. Every tenant entitled under this Act to make any claim
in respect of any right or for payment of any sums due to him
by way of compensation, and about to quit his holding, may
within the prescribed time serve a notice of such claim on his
landlord, or in his absence his known agent. The notice shall be
in writing in the prescribed form, and shall state the particulars
of such claim, subject to such amendment as the Court may allow,,
together with the dates at which and the periods within which
such particulars are severally alleged to have accrued, a-^d, where
such claim or any part of the same is in respect of compensation
under the provisions of section three of this Act, the number of
years rent claimed shall be specified.

14. On the receipt of the notice the landlord shall be deemed to

have admitted the claim made by the tenant unless within the

prescribed time and in the prescribed manner he serves a notice

on the tenant, stating that he disputes the whole or some portion

of the claim made by the latter, and upon service of such notice

by a landlord on the tenant a dispute shall be deemed to have arisen

between the landlord and the tenant as to the whole or a portion of

such claim, and such dispute shall be decided by the Court , unless

within the time and in the manner prescribed in that behalf such

dispute shall have been settled by agreement between the landlord

and tenant.

15. On the hearing of any dispute between landlord and tenant
randlordand under this Act, either party may make any claim, urge any objec-

tenant.



Proceedings
by tenant.



Proceedings
by landlord.



Equities
between



( 13 )

tion to the claim of the other, or plead any set-off such party may
think fit (including in the case of a landlord any moneys paid on
account of the purchase of the right of the tenant under the [Jlster
tenant-right custom or such usage as aforesaid), and the Court shall
•take into consideration any such claim, objection, or set-off, also
■any such default or unreasonable conduct of either party as may
•appear to the Court to affect any matter in dispute between the
-parties, and shall admit, reduce, or disallow altogether any such
^Jaim, objection, or set-off made or pleaded on behalf of either party
as the Court thinks just, giving judgment on the case with regard
to all its cu'cumsta.nces, including such consideration of conduct as
aforesaid, and. the Court shall have jurisdiction at the hearing of any
such dispute to ascertain what sums, if any, shall be deemed due
by the tenant to the landlord under sections three, four, and ^*-
seven of this Act, or any set-off in respect of unliquidated oi-
liquidated damages under said sections, or any of them ; and in any
case in which compensation shall be claimed under section three
of this Act, if it shall appear to the Court that the landlord has
been and is willing to permit the tenant to continue in the occu-
pation of his holding upon just and reasonable terms, and that such
terms have been and are unreasonably refused by the tenant, the
claim of the tenant to such compensation shall be disallowed.

In every case of dispute between landlord and tenant heard Claused.
before the Civil Bill Court the order of the Court shall be reduced court to be
into writing in the form of a decree or award (as the case may be), in writing,
and shall state the items of claim allowed, that is to say, the parti-
culars-ft«d e*- eba raotor * of loss Sustained by the tenant in quitting his
holding, and of the improvements and payment to his predecessor
in title in respect to which compensation may have been awarded
to the tenant under the third, fourth, and seventh sections, and
also the particulars of any set-off, objection, default, or conduct
allowed or taken into account. Such decree or award to be made
in the prescribed form.

16. Where in the case of any holding there are several persons Provision in
standing in the relation to each other of landlord and tenant, and T^^ °^.

. . ' derivative

the circumstance ot any one ot such tenants quitting his holding by estates iu
reason of disturbance or otherwise involves the interest of any of hj.idln™*'
such persons other than the tenant quitting his holding, the Court
shall determine the whole amount payable under this Act on the
occasion of such tenant quitting his holding, and shall direct pay-
ment of the same by such person and to such one or more of the
persons interested, and in such manner as the Court thinks just :
Provided, that this section, shall not affect the Ulster tenant-right
custom or such usage as aforesaid to which any holding is proved
to be subject.



* The Lords proposed " particulars and character." The Commons substituted
" particulars or character." The Lords thereupon struck out " or character " re-
quiring particulars only in all cases. This Amendment was disagreed to by the
"Commons, but insisted on by the Lords.

(84.) D



Restriction
on eviction
of tenant.



Court to
mean Clivil
Bill Conrt
or Court of
Arbitrotion.



Civil Bill
Court.



( 14 )

17. A tenant who may be decided by the Court to be entitled to
compensation to be paid by any landlord shaU not be compelled by
process of law to quit his holding until the amount of compensation
due to him has been paid or i^ u L l ui lod, imlcoa - Lho jud^ c or ^etemttim
bcfuit whv,m Lhu L/ML jhall be kitd ahall uOhtnti^t diiLul, upun Lhi;
payment of ouoh oum into CoiiH-<i^ Hio jud^^ ui "^"■'■"' '";;^;Y
order,- and any amount payablo phnll bo doom of l t o b u a t lGbt^ fee
to him from ouoh landlord/ and tho iomni may not uH ulllL delif
againat any ront for tho timo boing duo from him L u u uob Im ifl lnM
in rcapcot of hi o holding, but not oo ao to defeat an ojo o Lmont iov

in ojootmont for nonpayment of rent chall rodoom, purauant to the
S tatutoD in that bohalf , tho amount duo for ouoh oomponpation m
f iforoaaid ohall not bo doduotod in ootimating tho amount payable
for redemption deposited in manner herein-after mentioned. A
landlord shall in all cases have the option of depositing in the
manner prescribed the amount of compensation due ; and if at any
time after the making of a claim for compensation as herein-before
directed, and before finally giving up possession of his holding, a
tenant shall be alleged to have done any damage to his holding or
the buildings thereon, the Court shall inquire into the same, and
allow to the landlord out of the money so deposited such compen-
sation as it may deem just, including mesne rates. In no case
shall a tenant, except by special leave of the Court, be entitled to
receive the money so deposited until he shall have given up
pqssession of his holding. Where compensation is awarded in
respect of any holding to be paid by any landlord who is himself a
tenant of such holding, the tenant to whom such compensation is
awarded shall not by reason of such compensation not being paid
or deposited in manner iaforesaid by such landlord be entitled under
this section, as against a superior landlord not liable to such com-
pensation, to retain possession of the holding after the expiration or
determination of the title thereto of the landlord bv whom such
compensation was so awarded' to be paid as aforesaid.

Court to award Coiupensation .

18. Tor the purposes of this part of this Act the Court shall
mean one or other of the tribunals following ; that is to say, —

The Civil Bill Court of the county where the matter requiring
the cognizance of the Cotirt arises ; or.

The Court of Arbitration constituted as in this Act mentioned.

"Where a matter requiring the cognizance of the Court arises in
respect of a holding situate within the jurisdiction of more than
one Civil Bill Court, any Civil Bill Court within the jurisdiction of
which any part of the holding is situate may take cognizance of the
matter.

19. The judge of the Civil Bill Court (herein-after called the
chairman) shall in all cases brought before him under the provisions
of this Act have power to take evidence upon oath, and to compel



( 15 )

the attendance of witnesses, and shall have all and the same powers,
jurisdiction, and authority as in cases of Ciyil Bill ejectment
coming within his jurisdiction as such judge : Provided always,
that the judge shall himself without a jury decide any question of
fact arising in any case brought before him under this Act.

Tiie chairman may, with the consent of both parties, hear and
determine any case brought before him under this Act in chamber
if he so thinks fit, and when so sitting in chamber he shall have all
and the same powers, jurisdiction, and authority in respect to cases
so heard as if sitting in open court.

The chairman may, within the prescribed time after making any
order, review or rescind or vary any order previously made by him,
but, save as aforesaid, and as provided by this Act with respect to
appeal, every order of the Civil Bill Court shall be final.

Any order made by the chairman under this Act may be enforced
by attachment or otherwise in the same manner as if it were the
order of any of the suj)erior courts of common law at Dublin, and
if such order made by the chairman be for the payment of money
it may also be enforced in the same manner as civil bill decrees for
money demands made by such chairman.

20. Any person aggrieved by any order of the chairman made Appeal from
under this Act may, within the prescribed time and in the pre- (jourt.
scribed manner, appeal therefrom in manner following ; that is
to say,

(1.) Where such order has been made in the county or the
county of the city of Dublin to two judges of the superior
courts of common law to be from time to time selected by
the Court for Land Cases reserved :

(2.) Where such order has been made elsewhere to the judges of
assize of the county in which such order has been made :
And every such appeal , so far ao tho came involvoe quoetionc of
ia<st, may be heard and determined by one of the said judges ; but
in case any question of law shall arise upon any such appeal the
judge before whom such questian arises may, if he thinks fit,
require that the same shall be heard and determined by both the
said judges, and thereupon such question shall be heard and deter-
mined by both the said judges, who shall for such purpose sit
together.

The judge or judges hearing such appeal may give judgment
affirming, reversing, or modifying the order appealed from, and
may finally decide thereon, and make such order as to costs in the
Court below and of the appeal as may be agreeable to justice ; and
if the judge or judges alter or modify the order, such order so
altered or modified, and signed by the judge or judges, shall be of
the like effect as if it were the order of the Civil Bill Court. The
judge or judges may also, in cases where he or they think it
expedient so to do, instead of making a final order, remit the case,
with such directions as he or they may think fit, to the Court
below.



( 16 )

The judges to whom any such appeal may be made may, where
they deem it expedient, reserve any matter or question arismg
upon such appeal by way of case stated lor the consideration of the
Court for Land Cases reserved at "Dublin.

The Court for Land Cases reserved at Dublin shall, for the
purposes of this Act, be constituted Id manner following ; that is
to say, the Lord Chancellor, the Master of the liolls, the Lord
Justice of Appeal, the Vice-Chancellor, and all the judges of the
Common Law Courts shall be judges of the said Court for Land
Cases reserved, and any five of such judges, the Lord Chancellor
or Master of the Rolls or Lord Justice of Appeal or the Vice-
Chancellor or oce of the chief judges of the Common Law Courts
being one, shall have power to hear and determine any matters
that shall be brought before the said Court.

The officers of the Court of Exchequer Chamber shall act as
officers of the Court for Land Cases reserved.

All cases referred to the Court for Land Cases reserved shall be
prosecuted, heard, and determined by such Court, in such manner
and form and subject to such rules and regulations as the said Court
may from time to time, by rule direct.

The Court for Land Cases reserved shall give such judgment as
ought to have been given in the Court below by the judges thereof,
and such judgment shall be of the like effect, as if it were the
judgment of the said judges, or the Court of Land Cases reserved
may remit the case with such directions as they think fit to the
Court below.

Court of 21. Where the parties to any such dispute as aforesaid respectiug

any holding are desirous that such dispute should be settled by
arbitration, they shall, in the prescribed manner and within the
prescribed time, refer the same to an arbitrator or arbitrators, with
an umpire to be appointed in manner appearing in the schedule
annexed hereto, and the tribunal so selected shall be deemed in
respect of such dispute the Court of Arbitration under this Act.

The Court of Arbitration shall, in all cases brought before it under
this Act, have all and the like powers, jurisdiction, and authority as
a Civil Bill Court under this Act, with this exception, that the
Court of Arbitration shall have no power to punish persons for
contempt, or to enforce its awards ; but it may report to the Civil
Bill Court the name of any person refusing to give evidence, or to
produce documents, or guilty of contempt of the Court when sitting
judicially ; and the Civil Bill Court may, upon such report, punisli
the offender in the same manner as if the offence had been com-
mitted in, or in respect of a matter under the cognizance of the
Civil Bill Court.

The award of the Court of Arbitration may, at the instance of
either party, be recorded in the prescribed manner and within the
prescribed time in the Civil Bill Court, and when so recorded shall
be enforceable as if the same were an order of said Court.



( 17 )

No such award shall, so far as relates to the dispute under this



Online LibraryGreat Britain. Commissioners of inquiry into the wReport of Her Majesty's Commissioners of Inquiry into the Working of the Landlord and Tenant (Ireland) Act, 1870, and the acts amending the same → online text (page 2 of 295)