Extracts from tenants generally get these improvements done on much more moderate terms. Evidence. Wexford. 930, Q. 31. Q. 36. Wicklow. 956, Q. 56. 533, Q. 9. Richard Clayton Browne Clayton, esq. 31. Have you ever compared the rents here and the rents on your property in England -Yes; but in England we have to do every thing for the tenants; the tenant walks into, I may say, a ready furnished house. The capital of the farmer in England and Ireland is very differently applied. When a farmer in Ireland gets a farm he has to prepare all those things which are ready prepared for the farmer in England. 36. Is any system pursued as to their houses - Yes; they are either building or preparing to build, and I either give them timber and slates, or else advance them money for the whole of the house, charging them five per cent. There are two houses I am building entirely myself, and I intend to charge them five per cent. upon the expenditure. Rev. Daniel Kavanagh, Roman Catholic curate. I would humbly suggest that the spirit for building and improving at the expense of Earl Fitzwilliam, the tenant paying a per centage during the lease to the landlord, I consider has turned out to be an injury to the people; it has created a spirit of expensiveness in the habits of the farmers, and increased their rent and their expenses, without increasing their means to pay their rent. 57. For what purposes were those advances made ?-For building houses. 58. To what extent has it gone?-People have received from £200 to £500, or £700, or £800, upon which they pay a per centage. 59. Upon what sized farms?-From 40 to 400 acres. 60. Have you heard the people complain of not being able to cultivate their farms in consequence of the expense they were put to from these outlays being made?—I have heard them complain that they would have been more happy if they had not taken advantage of it and paying the per centage, but to take what Lord Fitzwilliam would in his generosity bestow, and to content themselves with the houses they could pay for out of their own means afterwards. Mr. James Darcy, agent. 9. Are you aware of any circumstances attending the rise of the town of Clifden?-I am very well acquainted with it. It was first established by my father; thirty years ago there was only one house there: the chief improvement is owing to his giving good encouragement. He gave leases for ever at low rents to those who built a house, and gave them money for building, and gave them slates; and the fisheries were very prosperous for a long time after that, and the people made a good deal of money, and ran up the houses; and it is well situated for trade as well. There are 600 or 700 tons of grain exported every year. Very Rev. John Patrick Lyons, Roman Catholic dean. Extracts from 96. What has been the extent of the improvement in the town of Belmullet in your recollection?-There were only three cabins there Mayo. nineteen years ago. In the year 1836, it contained 120 houses, of 26, Q. 96. which eighty-three are of two stories and slated, and thirty-seven thatched. The number has greatly increased since. It contains at present nine or ten large corn stores, several well-stocked shops, two hotels, a constabulary barrack, a court-house, and a bridewell. 97. To what do you attribute that improvement?-To the encouragements given by Mr. Carter, the proprietor. 98. What was the nature of these encouragements?-Leases for three lives and thirty-one or forty-one years; an allowance in rent of five per cent. on the money which the tenants proposed to expend, and actually expended on building, and an engagement to return half the outlay originally agreed on, at the termination of the lease. Thus, if a tenant agreed to expend £200 on building, he got a remission in the rent of his land to the amount of £10, and was entitled to receive £100 in cash at the expiration of the lease; but for any money expended beyond the sum stated in the tenant's proposal, no allowance is made. Mr. Carter does not continue that mode of encouragement, but gives leases for ninety-nine years; and the consequence is, that Belmullet is not advancing now as rapidly as heretofore. Mr. John Lynch, agriculturist. I think those of the tenants who have farms of five acres, have done a good deal in building houses and sheds, and they have begun draining. 23. What assistance have they had from Lord Palmerston in those buildings? His lordship gives premiums to those who do the most in the townlands. 24. With regard to the building houses and draining, does his lordship give any assistance besides premiums?-The principal assistance was, that the rents were not raised on the occupying tenants for the first year if they built a house; that was the engagement. Sligo. 53. These people have built houses since the farms were squared?— Q. 53. Yes. 55. What sort of houses have they built?-The walls are thirty Q. 55. or forty feet long, and they are eight or ten feet high; they are built with stone and lime, or primed outside with mortar. 56. How are they roofed?-Some are roofed with larch, and some oak, obtained from the neighbouring wood; they generally thatch their houses every year. 57. With what?-With straw; they tie it down with ropes or scollops, and sometimes hang a stone at the end of the rope that the thatch may not be blown off. Mr. David Young. Scotland. 6. What is the usual arrangement between landlord and tenant 290, Q. 6. in reference to the buildings upon the farm?-The general arrangement is, that the tenant upon taking the lease pays to a certain extent the value of the house; a year's rent is a very general thing Extracts from if the houses and offices are found worth that sum, and if the houses Evidence. are kept in order, he is allowed a like sum at the termination of his lease. 7. Is he allowed the same sum which he has paid on going in, or is the sum proportionate to the deterioration or improvement upon the farm buildings?-Upon the tenant entering, he generally pays to the extent of a year's rent, if the house is valued at that, and then he is allowed a like sum at the termination of his lease, under the same provision, if they are valued for that amount. 8. Is it to be understood that in no case is he to pay more than a year's rent?-There are exceptions, but that is the rule. 9. In what manner is it ascertained that that is the sum he is to pay? It is specified in the lease. 10. Is there any valuation made ?—Yes, there is. 11. By whom is the valuation made?-By valuators who have been in the habit of doing it, and sometimes by tradesmen. 12. Are the valuators appointed with the consent of both landlord and tenant?—Yes. 13. Does the tenant ever object to the person nominated by the landlord?—He has it in his power to do so, but it is generally agreed upon. 14. In what manner is the sum which he is to receive at the expiration of his lease ascertained?—He is restricted to a certain sum at which the house is to be valued; if it is valued at that sum he is entitled to receive it. 15. If he adds materially to the buildings does he receive more ?— I have not known a case of that kind to arise. 16. Is it usual to limit the sum to one year's rent which the outgoing tenant is to receive from the in-coming tenant ?—Yes, to one year's rent. 17. Was that limit with reference to the sum to be paid by the in-coming tenant, and also to be paid to him at the end of his lease, specified in the lease itself?-Yes, there was a certain maximum allowed at the termination of the lease, but liable to be reduced on valuation. 18. What was the arrangement in reference to new buildings erected by the tenant upon the farm?-It was all included in the maximum sum of a year's rent, unless there was a special agreement made in the lease. 19. What was the arrangement in reference to the upholding or the repair of the buildings?—The tenant had to uphold them, and if he did not repair them he did not get the sum at the end of his lease. CHAPTER IV. COMPENSATION FOR TENANTS' PERMANENT IMPROVEMENTS. Summary of Evidence-Extracts from Evidence, viz.-Principles of Mr. Sharmais Crawford's Bill-Mr. Purdon's mode of determining-Mr. Burnside, Insecurity of, an impediment to improvements-Mr. Hutcheson, Court of Arbitration best to decide amount of-Mr. Bullock, Tenant-right only remuneration existing-Mr. Ford's plan of compensation-Mr. Sherrard, 31 years' occupation sufficient for-Mr. Prentice, Strong feeling among tenants as to tenant-right-Mr. Kennedy, Compensation should be substituted for Tenant-right-Mr. Johnston, Increased rent charged for tenants' improvements-Mr. Stewart, System of, would "annihilate" tenant-rightMr. Blakely, System of, would be more valuable than tenant-right-Mode of ascertaining suggested-Mr. Lowry, Established system of, would advantageously do away with tenant-right-Mr. Orr, Legislature should secure to tenants-Mr. M'Crea, Established system of, would abolish present tenant-right-Mr.Studdert, Want of confidence retards improvements-Mr. Duggan, Tenants' improvements taken advantage of by middlemen-Mr. Barry, More advisable than fixity of tenure-Method of ascertaining-Mr. Sullivan, Improvements checked from general distrust-Mr. Bradshaw, Absence of compensation, principal cause of impoverishment of land— Sir Richard Musgrave, Principle of, in Code Napoleon-Sir H. W. Barron, If principle established, would be acted on without litigation-Mr. Fitzmaurice, Periods of time to compensate for different improvements-Mr. Roper, Principle of, recognised in Act for Registration of Trees-Mr. Butler, Absence of compensation prevents outlay of capital-Mr. Blackburne, Length of occupation sufficient-Mr. Balfe, Length of tenure sufficient for improvement on land-Mr. Matthews, Principle of, better than long lease-Mr. Fishbourne, System of, desirable-Mode to carry system into effect-Mr. Lyon's plan detailed-Sir Percy Nugent, Period of engagement sufficient for Mr. Brehon, Established right to, would promote improvement-Mr. Walker, Reasons for-Captain Newport, Want of compensation prevents outlay of capital-Would prevent scenes of bloodshed and agrarian outrage"-Mr. Clayton, System of registration should be established-Mr. Moran, Improvements retarded by insecurity of Mr. Quin, Increased value should be allowed, and tribunal appointed to decide-Mr. Tully, Industry would be promoted by Mr. Lambert, System of, preferable to lease. THE importance and absolute necessity of securing to the occupying tenant of lands in Ireland some distinct mode of remuneration for the judicious permanent improvements that he may effect upon his farm, is sustained by a greater weight of concurrent evidence than any other subject which has been brought under the investigation of the Commissioners. The following tabular view of the evidence on this subject is worthy of consideration: CLASSIFICATION OF WITNESSES who have spoken as to Tenants' 3 9 14 That persons be appointed to decide on necessity of improvements, That landlord should advance money for, or make improvements, That improvements in drainage and building be made by landlord 4 3 That power be given to raise money on entailed estates for improvements, 15 47 19 That leases be given to tenants as remuneration for improvements, That tenants should get renewal of lease or compensation for improvements, 8 5 That tenants on ejectment, or expiration of leases, or on leaving farms, be paid for improvements, 146 17 That there be a court or authority to settle compensation for improvements, That compensation be secured by law to tenant for improvements, That security of tenure is preferable to remuneration for improvements, That compensation for improvements is preferable to system of tenant- That allowance for improvements would do away with tenant-right, The want of some measure of remuneration for tenants' improvements, has been variously stated as productive, directly or indirectly, of most of the social evils of this country. It has been shown, that the master evil, poverty, proceeds from the fact of occupiers of land withholding the investment of labour and capital from the ample and profitable field for it that lies within their reach on the farms they occupy; that this hesitation is attributable to a reasonable disinclination to invest labour or capital on the property of others, without a security that adequate remuneration shall be derived from the investment; that no such security at present exists in regard to the vast mass of cases, including tenancies from year to year and leases with short unexpired terms; |