About Ireland by E. Lynn Linton
page 7 of 66 (10%)
page 7 of 66 (10%)
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holding does not exceed £100 per annum, must be paid by his landlord
not only full compensation for all improvements made by himself or his predecessors, such as unexhausted manures, permanent buildings, and reclamation of waste lands, but also as compensation for disturbance, a sum of money which may amount to seven years' rent." (Land Act of 1870, secs. 1, 2, and 3.) Under the Act of 1881 the landlord's power of disturbance was practically abolished--but I think I have read somewhere that even of late years, and with the ballot, certain landlords in England have threatened their tenants with "disturbance" without compensation if their votes were not given to the right colour--while in Ireland, even when evicted for non-payment of rent, a yearly tenant must be paid by his landlord "compensation for all improvements, such as unexhausted manures, permanent buildings, and reclamation of waste land." (Sec. 4.) And when his rent does not exceed £15 he must be paid in addition "a sum of money which may amount to seven years' rent if the court decides that the rent is exorbitant." (Secs. 3 and 9.) (_a_) Until the contrary is proved, the improvements are presumed to have been made by the tenants. (Sec. 5.) (_b_) The tenant can make his claim for compensation immediately on notice to quit being served, and cannot be evicted until the compensation is paid. (Secs. 16 and 21.) A yearly tenant when voluntarily surrendering his farm must either be paid by the landlord (_a_) compensation for all his improvements, or (_b_) be permitted to sell his improvements to an incoming tenant. (Sec. 4.) In all new tenancies the landlord must pay half the county or Grand Jury Cess if the valuation is £4 or upward and the whole of the same Cess if the value does not exceed £4. (Secs. 65 and 66.) Thus we have under the Land Act of 1870 (i) Full payment for all improvements; (2) Compensation for disturbance. |
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