The Sun.
London, England, 1845-02-24 00:00:00

TENURE.

The expression, " tenure of land," may be used with re-
ference either to the landlord's estate, or to.the interest which
an occupying tenant has in his farm. In this latter sense it
has been commonly used by the witnesses, and is generally
understood in Ireland; and in this sense we consider it to
form the principal subject of our inquiry ; but we think it ne-
cessary in the first instance briefly to notice a few cases in
which the nature of the landlord's interest may have an influ-
ence upon the dealing with his tenants.
It will be observed that we sought the opinion of most
of the witnesses in reference to impediments in the way of
improvements, arising out of the nature of the landlord's

interest.
The number of proprietors of land in Ireland is small when
compared with its extent and the amount of its agricultural
population. This circumstance, while probably it is one of the
causes which has led to the want of that personal attention
to the condition of the tenantry, which is at once the duty and
interest of landlords, renders also the impediments in the way
of improvement, arising from the nature of the proprietors'
tenure, a matter of more urgent public importance in Ireland
than el-cohere.
It frequently happens that large estates in that country are
hell by the proprietors in strict limitation; and the pecuniary
circumstances of the landed proprietors generally, arising, in
some cases, out of family charges, and resulting in others from
improvidence or carelessness possibly of former proprietors,
disable many, even of the best disposed landlords, from im-
proving their property, or encouraging improvement amongst
their tenantry, in the manner which would conduce at once to
their own interest and the public advantage. Many of the
evils incident to the occupation of land in Ireland miy be at-
tributed to this cause.
The removal of impediments, as far as it is possible to re-
move them by legislation, has formed the subject of inquiry
and remark by the Committee in 1835, on the public works,
and various suggestions upon it have been offered to us in the
course of our inquiry.
In accordance with the recommendation of that Committee,
we are of opinion, that for the permanent improvement of an
estate—confining that expression to such operations as may
properly be considered of an agricultural character—tenants for
life, and other persons under legal disability, should be em-
powered, subject to proper and efficient restrictions, to charge
the inheritance, to an amount not exceeding three years' in-
come, for such improvements, being bound to repay the prin-
cipal by instalments, and to keep down the interest.
This is no new principle. In Scotland, by the statute, 10
George 111., cap, 51, commonly called the Montgomery Act,
tenants for life are empowered to charge the estate, to a certain
extent, with monies laid out by them in improvements ; and
in many instances in which it has been found impracticable, or
very difficult, to comply with all the requisites of that Act, the
principle has been fully recognised by the Legislature, which
has passed private Acts with the same object. It is well known
how greatly the agriculture of Scotland has improved under a
liberal expenditure of capital, and how much the improvement
has contributed to increase the property and promote the pros-
perity of the country.
In England and Ireland powers are frequently given by Par-
liament to trustees and others to grant long leases, or
even to compel sales of land, for purposes considered to be
of public interest, where the instrument under which the estate
is held has given no such power. We may confidently state
that neither the improvement of land in Scotland, nor any
of the objects for which the powers last referred to have been
given, were of such paramount importance as an improved
system for the occultation of land in Ireland is at this
time. It must never be forgotten, that an improved cultiva-
tion, with the consequent increase of produce from the soil,
and of comfort to the occupier, are not matters of private
or individual interest only, but are intimately connected
with the preservation of public tranquillity and the
general prosperity of the whole empire. ft may also be ob-
served, that in the statute I and 2 Win. IV., c. 33, commonly
called the Public Works Act, and also in a still more recent
statute, 1 and 2 Vie., c. 55, the principle of enabling persons
having partial interests to make charges for purposes bene-
ficial to the estate has been recognised. We hope, therefore,
that an effective measure, founded upon the principles to
which we have now referred, may soon become the law of the
land.

Amongst other measures calculated to facilitate such opera-
tions, we think it would be desirable that the Hank of Ireland
should be empowered, like the hank of England, to lend money
on landed security.
In adverting to the character of the landlord's tenure in
Ireland, it is our duty to observe upon a species of tenure,
scarcely known elsewhere, which prevails very extensively
in that country, one-seventh of Ireland being said to be held
under it. We allude to the tenure by lease for lives, with a
covenant of perpetual renewal on payment of a fine, some-
Vales merely nominal, on the fall of each life. The origin of
this tenure is said to he traceable to the condition and state
of property, consequent upon the extensive confiscations to
which nearly the s hole of Ireland has at different periods been
subjected ; the grantees, being generally absentees, and desi-
rous of securing a recognition from time to time of their pro-
prietorship, as well as the power of recovering their rents, are
supposed to have originated this form of demise.
_ .

ibis tenure, though manifestly intended to be perpetual,
has proved a source of frequent litigation. Various construc-
tions have been put upon the covenants for perpetual renewal.
We cannot more clearly exhibit the extent of this evil than by
citing from Mr. Lynch's.' Measure for Ireland "a quotation he
has given from a judgment of the !ate Sir M. O'Loghlen,
when Master of the Rolls in Ireland, in reference to this sub-
ject. " Every day's experience shows how very uncertain the
duration °fan interest under such a tenure is. Forfeitures of
the right to enforce a renewal daily occur, through the neglect
of tenants, or the dexterous management of landlords. Cove-
nants treated in some cases for more than a century as entitling
tenants to renewal for ever, have been construed by courts of
justice as not conferring that right. Any person who is much
engaged in the investigation of titles under leases of lives re-
newable for ever, will find in almost every abstract of such
titles a statement of the result of one or more suits in equity
for enforcing the right. The usual statement is —the right to
a renewal having been questioned, it became necessary to file
a bill in equity." In addition to this high authority, we may
refer to the evidence on this head.

To remedy the inc,nvenience and ill effects which arise from
this species of tenure, we recommend that powers should be
given to the lessor and lessee in all cases to commute the
tines into an increased rent, and thus to convert the tenure
of leases of lives renewable for ever into an absolute perpe-
tuity—a power being given, as in the Church. Temporalities
Act, to distrain and eject in eau of non-payment of the
reserved rent, and to refer to a court of equity all questions
as to the pecuniary value to be placed on any reservations
by covenants which may interfere with the proper cultivation
of the land.

We also think it would be desirable that extended leasing
powers should be given, under proper- and equitable restric-
tions, to tenants for life, and to boards or corporations whose
powers are restricted by law, such as incumbents as to their
glebe lands, the provost and felloxs of Trinity College, the
trustees of Erasmus Smith, the Board of Education, and the
trustees of Sir P. Dunne's and Wilson's hospitals.
In the account given by witnesses throughout Ireland, of the
mode in which occupiers hold their land, the most striking
peculiarity is the custom prevalent in the northern counties,
called the tenant-right.
The origin of this custom has been the subject of much spe-
culation, but is now rather a matter of curiosity than of present
interest. It dates from a very early period, having probably
sprung up, as we have already noticed, as a natural consequence
from the manner in which property was generally granted and
dealt with in that. part of the country.
Large tracts having become the property of public bodies,
or of individuals resident at a distance, the landlords were
well contented to let their farms to those who would under-
take the cultivatiim and entire management, reserving to
themselves a rent, but making no
.expenditure, and exercising
little interference with the land.

Under such circumstances, it seems neither extraordinary
nor unreasonable that a tenant quitting a farm, either at his
own desire, or from any difference with his landlord, should
obtain from his successor a sum of money, partly in remunera-
tion of his expenditure, and partly as a price paid for the pos-
session of land which the new tenant would have no other
means of acquiring.
From this state of things a feeling of proprietorship appears
to have grown up in the tenant, which continues in a great de-
gree to the present day; and the extent to which it prevails
may be seen by reference to various parts of the evidence
taken in the province of Ulster.
Under the influence of this custom, the tenant claims, and
generally exercises, a right to dispose of his holding for a
valuable consideration, although he may himself be a tenant-
at-will, and although he may have expended nothing in perma-
nent improvements.
We found that in various parts of that province, sums equal
to ten, twelve, or fifteen years' purchase upon the rent, are
commonly given for the tenant •tight ; and this, not only where
the rent is considered low, but where it is fully equ4l to the
value.

Proprietors generally have been enabled to place a restric-
tion upon this tenant-right, so far at feast as to secure a power
of selection with respect to the tenant, and to place some limit
upon the amount to be paid ; wisely judging, that a tenant who
pays a large sum of money (part ot which he probably borrows)
in entering upon a farm, will be crippled in his means for the
proper management of it
Anomalous as this custom is, if considered with reference to
all ordinary notions of property, it must be admitted that the
district in which it prevails has thriven and improved, in com-
parison with other parts of the c ,untry ; and although we can
foresee some danger to the just rights of property from the un-
limited allowance cf this " tenant-right," yet we are sure that
evils more immediate, and of a still greater magnitude, would
result from any hasty or general disallowance of it, and still less
can we recommend any interference with it. by law.
The increasing interest which many landlords, particularly
some amongst the largest proprietors, take in their estates, the
improved intercourse with their tenants, the liberal expendi-
ture made by some of them in permanent improvements, all
tend to place the relation of landlord and tenant upon the foot-
ing most advantageous for both, and in proportion as feelings of
confidence grow up, the evils of an unrestricted tenant-right
will be avoided, and the beneficial results which, under a modi-
fied form, it is calculated to produce, will be secured.
Both with respect to the district to which we have now
been referring, and to ether parts of Ireland, it would be easy
for us to direct attention to many instances of estates upon
which the good effects of a steady and judicious management
are becoming daily apparent, but we feel that if we were to do
this we must also, in justice to the whole subject, point towards
other properties with respect to which there is much that re-
quires alteration and amendment ; and we should thereby em-
bitter and prolong those feelings of distrust and irritation which
it is our duty to allay.
We shall, therefore, throughout this report, make our obser-
vations as general as possible.

Speaking generally with respect to the occupation of land in
Ireland, we find that it is usually held under terminable leases
for various terms, or by tenants from year to year.
A person having a lease fir ever is more commonly to be
found in the class of landlords than of occupants.
It was formerly the practice with most landlords, particu-
larly those who were absentees, to grant long leases of a large
tract to some individual who was answerable for the rent, and
who undertook the responsibility of dividing and underletting
the land. Those lessees were usually designated " middle-
men.

.....
This was generally done so as to secure a large profit, and