FIRST REPORT 
 
 PARLIAMENTARY COMMITTEE 
 
 LOYAL NATIONAL REPEAL ASSOCIATION 
 
 LAND QUESTION, 
 
 APPENDIX 
 
 EVIDENCE ON THE ULSTER TENANT-RIGHT. 
 
 Read at a Meeting of the Association, on Monday, 
 
 14th April, 1845. 
 
 The Parliamentary Committee of the Loyal National 
 Repeal Association, having closely examined, and so¬ 
 lemnly considered the Report of the Commissioners of 
 Land Inquiry, and the volume of Evidence published by 
 them, submit the following as then Report:— 
 
 That we have seen with the deepest regret, but with a 
 thorough conviction of then truth, the statements of the 
 said Commissioners, in which they assert, not only on the 
 testimony of witnesses, but from their own personal ob¬ 
 servation, “ that the agricultural labourers of Ireland 
 suffer the greatest privations and hardships;” that “ they 
 depend upon precarious and casual employment for sub¬ 
 sistence ;” that “ they are badly housed, badly fed, 
 badly clothed, and badly paid for their labour;” that “it 
 "2d 
 
 VOL. II. 
 
would be impossible to describe adequately the sufferings 
 and privations which the cottiers and labourers and their 
 families in most parts of the country endure;” that “in 
 many districts their only food is the potatoe, their only 
 beverage water;” that “their cabins are seldom a protec¬ 
 tion against the weather; that “a bed or blanket is a rare 
 luxury;” and that “nearly in all, their pig and their manure- 
 heap constitute their only property;” that “ a large pro¬ 
 portion of the entire population comes within the designa¬ 
 tion of agricultural labourers, and endure sufferings 
 GREATER THAN THE PEOPLE OF ANY OTHER COUNTRY IN 
 
 Europe have to sustain.” 
 
 That with this frightful evidence, before them confirmed, 
 as they distinctly tell us, by their personal knowledge, the 
 Commissioners have not in then.' report suggested any di¬ 
 rect means of alleviating the condition of our labouring 
 classes. Yet, they are so far from imputing any part of 
 the causes of their misery to the agricultural classes them¬ 
 selves ; that, on the contrary, those very Commissioners 
 bear this most important testimony to the merits of the 
 Irish poor; we quote their very words: “Up to this 
 period any improvement that may have taken place, is at¬ 
 tributable almost entirely to the habits of temperance in 
 which they have so generally persevered; and not, we 
 grieve to say, to any increased demand for their labour.” 
 Thus, it stands proclaimed, that while the Irish labouring 
 classes can trace their wretchedness to the conduct of 
 others, they owe the only alleviation to their own virtue 
 and forbearance. 
 
 That this hideous picture of the want, the distress 
 and destitution, of the Irish peasantry, is not drawn 
 nor coloured by any political agitators, but is the much 
 mitigated portraiture of the real condition of a large pro¬ 
 portion of the Irish population; a portraiture sketched by a 
 
THE LAND QUESTION. 
 
 297 
 
 commission composed of landlords, all selected by the 
 minister of the crown, who thus describe the state of this 
 beautiful and fertile island, in the 45th year of what is 
 called “ the Union,” with the richest country in the 
 world!—a state unequalled in wretchedness in any other 
 country on the face of the globe. 
 
 That some of the greatest and most poignant miseries of 
 Ireland arise from what is called the clearance system; the 
 victims of which are, as is stated in the report, “in a con¬ 
 dition necessarily most deplorable and the report 
 adopts from that of a former committee these words as 
 its own: “ It would be impossible for language to convey 
 an idea of the state of distress to which the ejected tenantry 
 have been reduced ; or of the disease, misery, or even vice, 
 which they have propagated in the towns wherein they have 
 settled; so that, not only they who have been ejected, have 
 been rendered miserable, but they have carried with them, 
 and propagated that misery.” 
 
 That the natural and necessary consequences of thesystem 
 of clearance have been, that large numbers of the ejected 
 peasantry have been driven into miserable dwellings along 
 the dykes, and in the ditches adjacent to the public roads; 
 or to the filthy lanes of small neighbouring towns! so that 
 multitudes have perished, and are daily perishing, from 
 sheer want of the common necessaries of life; the clearance 
 system being the natural and necessary propagator of dis¬ 
 ease and death. 
 
 That the wholesale murders thus perpetrated according 
 to law, have another most fatal and horrible result; inas¬ 
 much as they excite to, and cause retaliatory assassinations 
 of the most atrociously criminal description; assassinations 
 which are too frightfully criminal to be justified, or in any 
 respect palliated—even by the extreme misery by which 
 they are produced. 
 
 3 
 
298 
 
 FIRST REPORT ON 
 
 That it also appears from the Report and Evidence of 
 the said Commissioners, and of the Committee on the 
 Townland Valuation of Ireland, that throughout the 
 greater part of Ulster the practice of Tenant-right pre¬ 
 vails, and that along with it are found industry, comfort, 
 and peace. 
 
 That according to the practice of this right, no person 
 can get into the occupation of a farm without paying the 
 previous occupier the price of his right of occupation or 
 good-will, whether the land be held by lease or at will. 
 
 That on the ejectment of any occupying tenant, he re¬ 
 ceives the full selling value of his Tenant-right, less by any 
 arrears due to the landlord; but this does not extend to 
 middlemen. 
 
 That the same custom, unrecognised as it is by law, 
 prevents the landlord who has bought the tenant-light, 
 or otherwise got into possession of a farm, from setting it 
 at such an increase of rent as to displace Tenant-right. 
 Thus, middlemen are almost unknown, and the effect of 
 competition for land is principally to increase the value of 
 the Tenant-right, not the amount of the rent. 
 
 That Tenant-right exists even in unimproved land, and 
 that Jive years’ purchase is an ordinary payment for the 
 Tenant-right of such land, while 15 or 20 years’ purchase 
 is often given for the Tenant-right of highly improved 
 farms. 
 
 That, nevertheless, this right is regarded by many of 
 the present landlords of Ulster with jealousy and dislike; 
 that several of them have endeavoured to shackle and 
 reduce this right; that some of them on the borders of 
 the customary counties, have tried, with success, to abolish 
 it, mid that “ it is in danger” (in the words of the North¬ 
 ern Whig) “ of being frittered away in course of years, 
 and no equivalent provided in its stead.” 
 
 4 
 
THE LAND QUESTION. 
 
 299 
 
 That the said Commissioners appear to have studiously 
 endeavoured in them examination of witnesses, to disparage 
 the character of this Tenant-right, which the present 
 farmers of Ulster bought with them money, or inherited 
 from them fathers—a right, of which one witness (the 
 agent of Lord Lurgan) said, that were it disallowed, there 
 was “ no force at the disposal of the Horse-guards which 
 could keep the peace of the province.” 
 
 That the Commissioners (not daring openly to attack 
 such a right so defended) have insidiously reported that 
 any “ hasty or general disallowance ” of the right would be 
 inexpedient—purporting thereby that its gradual and cun¬ 
 ning disallowance would be expedient, and proposing many 
 schemes for this purpose. 
 
 That portions of the said Report and Evidence, presented 
 herewith, folly bear out the preceding propositions on the 
 tenant-right. 
 
 That, under these circumstances, it is desirable that a 
 lata should be passed, recognizing tenant-right in the cus¬ 
 tomary districts of Ulster, and giving process horn a tri¬ 
 bunal of arbiters, with an appeal to the Assistant Bar¬ 
 rister’s Comb, for the adjustment of disputes as to this 
 right. 
 
 Yoim Committee will, as speedily as is consistent with 
 the mature consideration of a subject of such enormous 
 consequence, report further. 
 
 Signed on behalf of the Committee, 
 
 DANIEL O’CONNELL. 
 
APPENDIX, 
 
 EXTRACTS OF EVIDENCE 
 
 RELATIVE TO THE CUSTOM OF 
 
 TENANT-RIGHT IN THE NORTH OF IRELAND, 
 
 REPORTS OF THE PARLIAMENTARY COMMITTEE OF 1844, 
 ON TOWNLAND VALUATION OF IRELAND, 
 
 COMMISSIONERS OF INQUIRY INTO THE OCCUPATION OF 
 LAND IN IRELAND, 1845. 
 
 BY JOHN O’CONNELL, M.P. 
 
 Printed by order of the Loyal National Bepcnl Association of Ireland. 
 
 DUBLIN: 
 
 PRINTED BY J. BROWNE, 21, NASSAU-STREET. 
 1845. 
 
IN DEX 
 
 APPENDIX OF EVIDENCE ON THE ULSTER TENANT-RIGHT. 
 
 Class I. Tenant-Right, Value of, . i. 
 
 II. -‘- Attempts to put it down. Ivii. 
 
 III. -Danger from attempts to put it down ... Ixxiii. 
 
 IV. -Intimidation by which it has been protected lxxix. 
 
 V. - Opinions as to .Ixxxiii. 
 
 A. Senior, Esq., Townland Valua-, 
 
 tion Committee, .] 
 
 Sir R. Ferguson, M.P. do. 
 
 Theophilus Jones, Esq., Land Com-' 
 
 mission Report. 
 
 Mr. Griffith, . do. 
 
 „ Handcock, .. do. 
 
 Captain G. D. Cranfield, do. 
 
 C. H. Kennedy, Esq., ... do. 
 
 Mr. Tickell. do. 
 
 W. C. Kyle, Esq., ... do. 
 
 Sharman Crawford, M.P. do. 
 
 Mr. James Harshaw, ... do. 
 
 „ Kinmouth, ... do. 
 
 „ Ruddell. do. 
 
 Rev. F. Blakely, ... do. 
 
 Messrs. Maxwell, Pilson, and Da- 
 
 William Stevenson, Esq., do. 
 
 Messrs. James Davison and John 
 
 Martin, . do. 
 
 Mr. Robert Brown, ... do. 
 
 Rev. B. Macauley, P.P. do. 
 
 Very Rev. Dean Stannus, do. 
 
 Mr. Joshua Lamb, ... do. 
 
 ,, T. M-Cullough, ... do. 
 
 „ James White, ... do. 
 
 ,, Andrew O’Flinn, ... do. 
 
 Messrs. Henry and Thomas Mur- 
 
INDEX. 
 
 T. Davison, Esq., Land Commis-) 
 sion Report. ... ... 5 
 
 C. J. Itnox, Esq., ... do. 
 
 James Sinclair, ... do. 
 
 Mr. Francis O’Neill, do. 
 
 Thomas Sproule, Esq. do. 
 
 Mr. Alexander Pringle, do. 
 
 Captain H. Crossle ... do. 
 
 H. L. Prentice, Esq. ... do. 
 
 Mr. J. J. M’Lornan, do. 
 
 Messrs. M. W. Lowry and Gawan 1 
 rtrr. do. [ 
 
 Rev. J. Browne, D.D. do. 
 
 Rev. Robert Gray, ... do. 
 
 Mr. William Dugall .. do. 
 
 Rev. E. M’Ginn, P.P. do. 
 
 Mr. T. D. Bateson, ... do. 
 
 Jas. Montgomery Reid, Esq. do. 
 
 Mr. P. Fullon,. do. 
 
 „ Patrick Corfield, do. 
 
 Edward M'Cabe, ... do. 
 
 W. C. Quinn, ... do. 
 
 John Andrews, Esq. ... do. 
 
 Rev. John Lynch, ... do. 
 
 Rev. James Porter, ... do. 
 
 Robert Smith, ... do. 
 
 John Lindsay, Esq., ... do. 
 
 William Blacker, Esq. do. 
 
 William Pidgeon, Esq. do. 
 
 Richard Byrne, Esq. do. 
 
 Captain James Robinson, do. 
 
 Thomas G. Henry, Esq. do. 
 
 Thomas Eyre, Esq. ... do. 
 
 Sir. J. T. Noble, ... do. 
 
 „ JohnM’Carten, ... do. 
 
 Robt. Holbeche Dolling, Esq. do. 
 John Forsyth, Esq. ... do. 
 
 Alexander Miller, Esq. do. 
 
 Edward Sproule, Esq. do. 
 
 ibid. 
 
 
 ibid. 
 
 lxxxviii 
 
 ibid. 
 
 10 
 
APPENDIX TO REPORT: 
 
 EXTRACTS FROM EVIDENCE 
 
 THE TOWNLAND VALUATION COMMITTEE OE 1844, 
 LANDLORD AND TENANT COMMISSION OE LORD DEVON. 
 
 TENANT RIGHT. 
 
 CLASS No. I. 
 
 VALUE OF THE TENANT EIGHT TO TENANT AND TO 
 LANDLORD. 
 
 A. Senior, Esq. 
 
 1067. Chairman.] When you speak of the poor law ^ q Scnior ' 
 valuation in the north of Ireland corresponding -with the Towniand 
 rent, do you assume that the tenant-right co-exists with comS™. 
 those rents?—The tenant-right does exist in every part of p ' 82, 
 Ulster, but it varies in every county, and in different parts 
 
 of the same county. 
 
 1068. Do you consider the tenant right in the nature of 
 a fine paid by the occupier for the use of the lands?—I do 
 not consider it entirely of that nature, though it bears some 
 relation to it. 
 
 1069. Are not rents lower in proportion to the amount 
 of tenant-right which exists in any particular district?—I 
 am not prepared to admit that to its full extent. 
 
 1070. Supposing two farms of equal value to be let, 
 would not a larger rent be assumed for that where there 
 was no tenant-right to purchase out, the difference being a 
 sum equivalent to the average amount of tenant-right 
 which prevails in the district?—I think not. 
 
 1071. Mr. Colquhom.] Perhaps you will state what your 
 view of tenant-right is ?—My view of tenant-right is, that 
 it is the difference between the rent actually charged by 
 the landlord according to the custom of the country, and 
 the utmost competition value; therefore if the rent in a 
 
 B 
 
VALUE OP THE TENAMT-BIGHT 
 
 large estate is low, and confidence in the landlord is great, 
 the amount of tenant-right per acre will be very large; for 
 instance, tenant-right in some of the better managed estates 
 of the London Companies in the coimty of Derry is worth 
 from £15 to £20 per acre. 
 
 1072. Is that uniformly the case; are there not many 
 cases in which a high tenant-right is paid, though the land 
 is let at its full value?—Not according to my previous defi¬ 
 nition of it. 
 
 1073. But according to the facts as they have come 
 under your observation ?—I think it is impossible to he so. 
 
 1074. Such a circumstance could only arise from inten¬ 
 sity of competition; hut have you not heard of cases in 
 which the fact is so, the competition being intense ?—I 
 think not. 
 
 1075. Chairman.] In the case of two farms of equal 
 value, one situate in a district, the custom of which was 
 that the tenant-right amounted to £15 or £20 an acre, as 
 you have stated, and the other in a district where there was 
 no tenant-right; would not a person, wishing to take one 
 of these farms, assume a higher rent payable to the land¬ 
 lord, where he had that £15 or £20 an acre to pay, than 
 where he had not that £15 or £20 an acre to pay ?— I 
 think that question would imply, firstly, that the tenant- 
 right is of recent origin; secondly, that it is independent 
 of the feeling of the majority of the tenantry; neither of 
 which is the case. 
 
 1076. The question is one of fact; whether a person 
 desirous to take a farm would not assume a higher rent, 
 where - he had not at once to pay £20 an acre for the pos¬ 
 session of the land, than where he had?—He would not 
 pay a higher rent, inasmuch as the strong feeling of the 
 neighbouring tenantry would be against him. 
 
 1077. Virtually would not the rent he the same; that 
 he would pay a high rent in the one case to the landlord 
 without paying tenant-right; in the other case, that he 
 would pay a diminished rent to the landlord, but he would 
 pay the difference between the high rent in the one case, 
 and the smaller rent in the other, to the tenant ?—As a 
 question of arithmetic, decidedly so; but there are other 
 
TO TENANT AND LANDLOKD. 
 
 questions besides those of arithmetic involved in the 
 matter. 
 
 1078. Lord Eliot.] Would he not pay a higher rent for 
 land in the parts of Ireland in which the tenant-right does 
 not exist than in those parts in which it does exist ?— 
 Undoubtedly he would. Tenant right is a very old cus¬ 
 tom ; it can only exist where lands are comparatively let 
 low; but I do not think it is the cause of their being let 
 low, but the result. 
 
 1079. Mr. Colquhoun.] Arc there any parts of the north 
 of Ireland where land is let so much below its real value 
 as to justify the tenant in giving £15 or £20 an acre for 
 the tenant-right?—There are. 1 may mention, as instan¬ 
 ces that have come within my own knowledge, the estate 
 of the Drapers’ Company in the county of Derry, and 
 Lord Charlemont’s estate in the county of Armagh. 
 
 1080. Upon those estates, what would the fee-simple of 
 the land sell for per acre?—I cannot say; I have had no 
 experience in buying or selling estates. 
 
 1081. Do you apprehend that land upon those estates 
 would sell for more than £40 or £50 an acre ?—It would 
 sell, I should think, for about 25 years’ purchase. 
 
 1082. The ordinary rent in such cases would be how 
 much?—The ordinary rent, I take it, would be about £1 
 
 1083. Therefore, the in-coming tenant is, in fact, paying 
 to the out-going tenant a price only one-fifth less than the 
 selling value of the soil?—Such is the fact; but these are 
 selected instances, where the tenant-right practice or 
 custom happens to be the strongest, not average eases. 
 
 1084. Chairman .] In such cases, would you take the 
 rent payable to the landlord as an equivalent for the fair 
 letting value?—I should, according to the terms of the 
 Irish Relief Act. I think a person who purchased an 
 estate intending to do away with the tenant-right and to let 
 the land at a competition value, would find out that he had 
 made a mistake. 
 
 1085. Is not the letting value, as defined by the Poor 
 Law Act, the rent which would be payable to the landlord, 
 and the smn or the equivalent to be deducted which would 
 be paid for the tenant-right?—It is the sum which may be 
 
 b 2 
 
VALUE OF THE TENANT-EIGHT 
 
 reasonably expected from year to year from a solvent ten¬ 
 ant; and a landlord would find it difficult, if not impos¬ 
 sible, to get more. 
 
 1086. But do not those words assume that it is tbe sum 
 wbicb may reasonably be expected from a solvent tenant 
 who bas only certain taxes to pay, but not from one who 
 has also to pay a sum, as you say, of from £15 to £20 an 
 acre for the use of that land?—I think it would be dis¬ 
 tinctly illegal to rate the tenant for a rent which he has not 
 to pay, and can never be expected to pay. 
 
 1087. Mr. Golquhoun.] Is it found, in fact, that as the 
 rent rises the teuant-right falls iu amount?—It does, un¬ 
 questionably. 
 
 1088. And does the amount of tenant-right bear any 
 proportion to the fixed capital invested upon the farm, in 
 buildings or in drainage ?—It varies with the rent, it varies 
 with the state of cultivation of the farm as compared with 
 the rent, and with the amount expended upon the land, 
 including all improvements upon it. 
 
 1089. Has it in any degree, as far as you are aware, 
 allusion to the tenant having been left by the landlord to 
 make permanent improvements, such as those upon build¬ 
 ings, and the drainage and fencing of the farm?—I think 
 it but fair that where everything which is done by the 
 landlord in England, is done by the tenant in Ireland, the 
 out-going tenant should receive the value of the capital 
 which he has laid out; and I attribute, almost entirely, to 
 the custom of the tenant-right, both the absence of agrarian 
 outrage in the north, as well as a much higher cultivation 
 in that part of the country. 
 
 1090. Then if a tenant in the north of Ireland has taken 
 a farm upon which the buildings are indifferent and the 
 drainage bad, and he leaves that farm Avith good drainage 
 and good buildings, will he obtain a larger tenant-right upon' 
 his out-going than he paid upon his entrance?—Kents re¬ 
 maining the same, he wiH. 
 
 1091. And the amount of surplus which he receives will 
 be pretty nearly proportioned to the superior state of 
 accommodation, and of buildings and of drainage, in which 
 he leaves the farm?—Yes; but the Committee should not 
 understand that the tenant-right depends entirely upon an 
 
TO TENANT AND LANDLORD. 
 
 outlay made by an improving tenant, inasmuch as an out- ® eIlior ’ 
 going tenant in a mountain district would receive tenant- p-aa. 
 right, who had not expended anything upon the land. 
 
 1092. But in the cases supposed will there not be a sig¬ 
 nificant difference between the amount of the tenant-right ? 
 
 In a mountain farm will not the out-going tenant receive 
 a small sum, say £2 or £3 an acre, and in a farm in which 
 the buildings arc improved and the drainage good, will he 
 not receive a higher tenant-right, such as you have stated, 
 of from £15 to £20 an acre ?—If the mountain pasture 
 were let extremely low, and the lowland arable land were 
 let extremely high, he may possibly receive as much in the 
 former case as in the latter. 
 
 1093. But rents being moderate in both cases, and the 
 only difference being in the capital invested in the build¬ 
 ings and in the drainage, will he not in the latter case re¬ 
 ceive a larger proportion of tenant-right ?—He will, rents 
 being the same. 
 
 1094. Chairman.] Then may not the tenant-right be 
 taken to be an indication of the difference between the rent 
 paid to the landlord and the letting value of the land?— 
 
 That is exactly the definition I have before given of the 
 custom. 
 
 1095. Then, if so, according to your own definition, the 
 rent actually payable cannot be the actual letting value ?— 
 
 Not the competition value; it is the difference between the 
 two. If by the words “ letting value,” I am to understand 
 competition value, that is exactly my previous definition of 
 the custom. 
 
 1096. Supposing the custom of the country were, to let 
 by valuation, and not by competition, would not the amount 
 of tenant-right be still an indication of the difference be¬ 
 tween the rent payable to the landlord and the actual value, 
 as ascertained by valuation?—The land is at present let by 
 valuation, and not by competition. 
 
 1097. But no rise of rent takes place where tenant-right 
 is paid for the occupation of the land?—It does indeed: 
 the real difficulty in the custom of tenant-right, I would 
 state, is to explain why the landlord does not increase his 
 rent. 
 
 1098. Is not the tenant-right money paid upon the pre- 
 
VI VALUE OF THE TENANT-EIGHT 
 
 A. Senior, SU mption that the landlord will not increase his rent?—It 
 'I'm. is upon the expectation, not upon the certainty; and there¬ 
 fore it depends upon the character of the landlord, as well 
 as upon other causes. 
 
 1099. Then may not the tenant-right be takeu to be 
 equivalent to the possession of a lease, at some amount of 
 rent which is below the rent which woidd be payable upon 
 a valuation?—I should not be disposed to adopt that as its 
 definition; the mere circumstance of a considerable fall in 
 prices a year and a half ago, by diminishing the competi¬ 
 tion value of land, materially affected the price of tenant- 
 right, 
 
 1100. In such a case as you have mentioned, where the 
 custom of the district is, that from £15 to £20 an acre shall 
 be payable for tenant-right, would not the tenant, if he 
 chose, instead of selling the ground, be able to let that 
 ground at a rent somewhat larger than the rent he paid , 
 and actually obtain a profit-rent equivalent to the tenant- 
 right which he would have obtained, if he had sold?—The 
 landlord would not allow him to do so. 
 
 1101. But if the tenant had a right to sub-let, could he 
 not sub-let at a profit-rent equivalent in amount to the value 
 of the'money he would have had to receive in the shape of 
 tenant-right, in the case of a sale ?—I would say, as a mere 
 question of money, it is precisely the same to the incoming 
 tenant, whether ho pays a larger rent to the proprietor, or 
 whether he pays a given sum-to the outgoing tenant, and a 
 small rent; but it must be remembered this is a matter of 
 custom, and the one would be exceedingly opposed to the 
 feelings and interests of the whole class of tenantry; 
 and therefore the landlord could not at once say, “ I will 
 raise my rents and destroy tenant-right.” 
 
 1102. Mr. Ftsey.] Supposing in any given district te¬ 
 nant-right did not exist, would not the same landlords in 
 that district get a higher rent than they now receive, the 
 tenant-right existing?—A larger portion of the produce of 
 the soil belongs to the landlord where tenant-right does not 
 exist; but, on the other hand, the whole produce of the 
 soil is increased, from the certainty which the tenant has 
 that he will receive the value of all the outlay of his capital. 
 
 1103. Chairman.] But supposing that the landlord were 
 
TO TENANT AND LANDLORD. 
 
 to purchase the tenant-right over the district from his own : 
 tenants, and that he were to let those farms anew, would 
 he not get a higher rent for the use of those farms than was 
 previously paid for them ?—As a question of political eco¬ 
 nomy, I before stated that it is precisely the same to the 
 incoming tenant whether he pays a small rent, and alarge fine 
 as tenant-right, or a larger rent to the proprietor, but the one 
 plan is according to the custom of the country, and the other 
 is not; and a person who paid a larger rent under the circum¬ 
 stances would he accused of taking a step opposed to the 
 interests of the neighbouring tenantry. 
 
 1104. That would depend simply upon a question of 
 feeling amongst the tenantry; but if a landlord chose to 
 make that purchase, and if a tenant chose to run counter to 
 that feeling, he would pay a larger rent for the ground, 
 having no fine to pay upon entering into possession of it ?— 
 Yes; but we must remember it is a question of feeling from 
 beginning to end, which prevents the landlord asking a 
 higher rent. 
 
 1105. Mr. Golquhouti.] Is it so much a question of feel¬ 
 ing as a question of the outlay of capital ? Is it not that in 
 past times, in place of the landlord laying out his capital 
 upon the land in buildings and permanent improvements, 
 he has allowed the tenant to do so, and consequently one 
 tenant pays the other for capital, which in England is laid 
 out by the landlord, and which in that part of Ireland has 
 been laid out by the tenant?—Yes; but I am aware of cer¬ 
 tain estates where the tenant-right is absolutely the highest, 
 and where the improvements have been very small. 
 
 1106. Mr., FtfSfjy.] Do you not conceive that the actual 
 fact of the tenant having to pay a large tenant-right upon 
 coming into a farm, is very often the means of preventing 
 that beneficial outlay upon the farm which he would be 
 able to make if that tenant-right did not exist?—In some 
 instances, by draining the incoming tenant’s funds, it may 
 prevent his being able to effect improvements; on the other 
 hand, it tends to effect improvements where the tenant has 
 capital, and is certain that he will get its value upon quit¬ 
 ting the property. 
 
 1107. Is it not generally the case in Ireland, that the 
 tenants have not very large capital?—They have not large 
 
 
 ! 
 
VALUE OF THE TENANT-RIGHT 
 
 capital as compared with English tenants, hut I know ex¬ 
 tensive estates in many counties of the north, where the 
 farm buildings are substantially built and slated, belonging 
 to tenants at will, and those buildings would not have been 
 erected, if the tenant was not quite certain he would get the 
 value upon quitting the property. 
 
 1108. Can you state from your own knowledge whether 
 those buildings have been made solely by the tenant, with¬ 
 out any assistance from the landlords ?—I can quote in¬ 
 stances on both sides; in some instances it has been done 
 entirely by the tenant; in others a proportion has been ad¬ 
 vanced by the landlord and a proportion added to the rent; 
 hut viewing as a whole, the farm buildings are far better in 
 the north than in the south, small as the holdings are. 
 
 1109. Then do you say in the north of Ireland generally, 
 tenants have a sufficient capital to pay a large tenant-right, 
 amounting to from £15 to £20 an acre, and also to make a 
 large outlay of capital on their farm buildings and other 
 improvements, without any assistance from the landlord?— 
 I do not admit £15 or £20 an acre to he the average rate 
 of tenant-right, it being the highest rate of tenant-right; 
 hut co-existent with the practice of tenant-right, and its 
 being increasing rather than diminishing, the outlay made 
 in permanent improvements in Ireland, principally in drain¬ 
 age, during the last 12 months, has been enormous, and en¬ 
 tirely by the tenants. 
 
 1110. In the north of Ireland?—Yes. 
 
 1111. Mr. Golqulioun .] And do you apprehend that in 
 such cases the tenant-right will rise upon the outgoing of 
 those tenants who have made these great improvements?— 
 I have no doubt it will. 
 
 1112. Lord Jocelyn .] Are you not aware it is the gene¬ 
 ral custom in the north of Ireland, upon the properties of 
 large landlords, to give their tenants the slating and timber 
 for their houses ?—I should say that occasionally that is the 
 case; I should say it is the exception, and not the rule. 
 
 1113. Of what parts of the north of Ireland are you 
 
 'speaking?—I refer principally to the counties of Armagh, 
 Derry, Down, and the south of Tyrone, not to Donegal or 
 the north of Tyrone; the south of Tyrone is a more im¬ 
 proved country. - ■ 
 
TO TENANT AND LANDLORD. 
 
 1114. Have you been over many of tbe large properties 
 in tbe county of Down?—I do not know tbe large pro¬ 
 perties in tbe county of Down so well as I know tbe large 
 properties in tbe other counties I have mentioned, but still 
 I have considerable acquaintance with them. 
 
 1115. Chair man.1 Do you consider tbe amount which is 
 paid for tenant-right is increasing in tbe north of Ireland? 
 —I think it is, but it fell during the late agricultural 
 distress. 
 
 1116. Is not that precisely equivalent to the operation 
 which is taking place in the south in the increase of rent 
 which is offered for land through competition ?—It is so. 
 
 1117. Then, does that show that the rent payable under 
 the tenant-right is not the fair letting value of the ground, 
 but only an ingredient of the fair letting value of the ground, 
 the full letting value being composed of the rent payable to 
 the landlord and the tenant-right?—I before defined tenant- 
 right to be the difference between the fair letting value and 
 the competition value. 
 
 1118. The words of the Act, upon which the poor law 
 valuation is based, are, “ The rent at which, one year with 
 another, the same might, in their actual state, be reasonably 
 expected to let at from year to year, the probable annual 
 cost of repairs, insurance, and other expenses, if necessary 
 to maintain the hereditaments in their actual state, and all 
 rates, taxes, and public charges, if any, except tithes, being 
 paid by the tenant.” What right would you have, in esti¬ 
 mating the fair letting value in the north of Ireland, to de¬ 
 duct from their fair letting value the amount which may 
 have been paid either as a fine or premium for the posses¬ 
 sion of those lands ?—As a question of law, I apprehend 
 the valuator must consider solely the letting value which 
 may be expected to be paid by a solvent tenant from year 
 to year. 
 
 1119. Which value would be calculated without refer¬ 
 ence to the rent actually paid by the tenant, but solely with 
 reference to what might be paid by a fair tenant, who had 
 nothing to pay for the possession of the ground?—I cannot 
 agree to that. 
 
 1120. Ought not such value to bo calculated, according to 
 the strict words of the Act of Parliament upon which the 
 
VALUE OF THE TENANT-RIGHT 
 
 Es ® enior ’ valuation is based, without reference to local custom, and 
 p . 82, without reference to any sum which may have been paid 
 by the person who entered into the occupation of the land, 
 for the use of the land ?—Decidedly so. 
 
 1121. Then, whether the use of the land had been pur¬ 
 chased at £1 or £100, its actual letting value to the tenant, 
 without reference to the line, should be the criterion of 
 value ?—The criterion of the Act is the rent which may be 
 reasonably or probably expected from a solvent tenant. 
 
 1122. 3STo allowance being made for the payment of the 
 line ?—No allowance being made for the payment of the 
 fine. 
 
 1123. Then do yon still adhere to the opinion, that in 
 ascertaining the fair letting value of land in Ireland, ascer¬ 
 tained according to the strict meaning of the Act of Par¬ 
 liament, the rent actually paid by the tenant should be 
 taken as the criterion of the value of those lands, or that 
 the value should be ascertained without reference to local 
 customs connected with the tenant-right?—I apprehend it 
 must depend upon the letting value according to the cus¬ 
 tom of the country; and if a person was valued upon the 
 net value of land at a higher rent than was the custom of 
 the country, lie would have a good right of appeal. 
 
 1124. Mr. Vesey^\ In a district where tenant-right does 
 not exist, is not the rent higher than in a district where it 
 does exist, upon lands of equal value?—Undoubtedly so. 
 
 1125. Then in a district where tenant-right does not ex¬ 
 ist, will not the valuation for the poor law be higher than 
 in the district where it does exist?—I think so. 
 
 1126. Then do you not conceive that according to that, 
 the poor law valuation will not be uniform in all the dis¬ 
 tricts of Ireland?—I am quite prepared to admit that, but 
 in valuing land lor taxation you must construe the Act of 
 Parliament rigidly; and there is no section in the Act 
 which appears to me to contemplate the existence of tenant- 
 right. 
 
 1127. Then under this Act of Parliament do you con¬ 
 ceive it will be impossible to have a uniform poor law valu¬ 
 ation throughout all parts of Ireland ?—So far as tenant- 
 right affects the letting value, to that extent it would dis¬ 
 turb the valuation. 
 
TO TENANT AND LANDLORD. 
 
 1128. Then as tenant-right docs affect the letting value, 
 is it not the case that the poor law valuation, under the ex¬ 
 isting Act, cannot he uniform?—Just as in one part of Ire¬ 
 land the utmost possible competition raises the rent from 
 year to year unreasonably high, so in another part of Ire¬ 
 land, where rents are low, the valuation must follow the 
 custom of the country; in other words, it must correspond 
 with the letting value. 
 
 1129. But is it not the ease, that in districts of Ireland, 
 quite irrespective of competition value, the rents will be 
 higher where tenant-right does not exist than where it does 
 exist?—I should say, under the previous definitions I have 
 given of rent, viz., the proportion of the produce of the 
 soil paid to the landlord, the portion of the landlord is less 
 in the north than in the south. 
 
 1130. Suppose a landlord had a property in the south, 
 where tenant-right does not exist, the same landlord having 
 property in the north, where tenant-right does exist, and 
 that his lands upon both properties arc let upon the same prin¬ 
 ciple, would not the poor law valuation, according to your 
 former answer, be higher upon the property in the south 
 than it would upon that in the north?—Yes, the poor 
 law valuation depends upon the rent which may probably 
 be expected from a solvent tenant from year to year; and 
 as such rent is lower in the north than in the south, un¬ 
 doubtedly it would be so. 
 
 1131. Therefore the poor law valuation will be higher in 
 the south than it will be in the north, upon the same quality 
 of land ?—Of course it will. 
 
 1132. And therefore under this Act of Parliament the 
 poor law valuation cannot be uniform throughout all parts 
 of Ireland?—It will be uniform to the extent to which 
 rents are uniform, neither more nor less. 
 
 1133. And as rents are not uniform, it cannot be uniform ? 
 —It cannot be uniform; and it is not, that I am aware of, 
 at all desirable that it should be so in that sense. 
 
 1134. Mr. Colquhoun.] Do the Committee rightly ap¬ 
 prehend your views of tenant-right to be these, that in some 
 cases where competition is intense in the north of Ireland, 
 tenant-right is paid, even though no permanent improve¬ 
 ments have been made in the farm; but that the majority 
 
1 ALTJE OP THE TENANT-EIGHT 
 
 Esq'”'”’ cases ^°i n g those in which permanent improvements 
 P-82. have been made by the tenant, tenant-right may be taken 
 to indicate the repayment of the capital of the outgoing 
 tenant, which has been laid out by him, that sum being re¬ 
 paid by the incoming tenant, and the rent being in such 
 cases lower than those in England, where the rent repre¬ 
 sents not only the letting value of the soil, but the profit 
 to the landlord of the capital he has laid out in buildings 
 and permanent improvements?—Tenant-right will result 
 from cither of two causes; first, low rents with reference to 
 value; second, extensive improvements. If land worth £2 
 an acre is let for £1 an acre, the difference between the 
 two will be given by the incoming tenant, whether that has 
 been from the original state of the soil, or whether that dif¬ 
 ference of £1 an acre has been produced by drainage or 
 other agricultural improvements. 
 
 1135. In the one of these cases tenant-right is perfectly 
 intelligible; one can understand why, if the value of the 
 soil has been raised from £1 to £2 an acre, by the perma¬ 
 nent improvements of the tenant, the tenant should receive, 
 in the shape of tenant-right, the repayment of the capital 
 which lie has so invested in the soil; but if he has made 
 no such improvements, why should the landlord, in the 
 commencement of the custom of the country, which custom 
 I presume must have had some basis, why should the land¬ 
 lord not ask for his soil, worth £2 an acre, the actual value 
 of £2 ?—I am endeavouring to explain to the Committee 
 the custom of tenant-right as I find it; but I can at the 
 same time understand that a certain interest in the soil may 
 have belonged to the tenant at the period of the first colo¬ 
 nization under James I. 
 
 1136. Chairman^] Is it not clear from what you have 
 stated, that a certain amount of the value of the land, 
 whether receivable by the landlord or by the tenant, will 
 not be subjected to local taxation in the north of Ireland?— 
 Clearly so. 
 
 1137. That that portion of the value of the soil which is 
 received by the landlord in the form of increased rent in 
 the south of Ireland will be taxed, while that portion of the 
 value of the soil which exists in the shape of tenant-right 
 
TO TENANT AND LANDLORD. 
 
 in the north, will escape taxation?—Certainly, and docs ^® cn 
 escape taxation. v- a 
 
 1138. Mr. Colquhoun.] But do you know as a matter of 
 fact whether the permanent improvements in the north of 
 Ireland have been made in general by the tenants or by 
 the landlords?—I should say that agricultural improve¬ 
 ments have been made almost exclusively by the tenants. 
 There are, of course, exceptions to that rule. I would 
 mention Sir Robert Ferguson, who has drained very ex¬ 
 tensively, as an exception. 
 
 1139. My question refers rather to past times than to 
 the present; to those times, namely, in which the custom 
 of tenant-right may be supposed to have taken its rise?— 
 
 I should say imiversally by the tenants. 
 
 1140. May we not infer that whereas in England and 
 Scotland the landlord has generally invested a certain 
 amount of capital in permanent improvements upon his 
 land, and in letting that land receives in the shape of rent 
 that value which is strictly termed rent, as well as the 
 interest for that invested capital, in the north of Ireland, 
 on the other hand, the tenant having advanced the capital, 
 expects and receives his repayment through the medium 
 of what custom terms tenant-right?—That is the theoreti¬ 
 cal view of the question, but in point of fact there are fur¬ 
 ther exceptions. 
 
 1141. That is to say, the custom of the country, being 
 established, subjects to its influence a great number of 
 those cases which ought to be exceptions from such a 
 theory, but which, in fact, fall under the usage of the 
 country ?—I do not myself feel at all sure that tenant-right 
 may not have existed previous to almost any improvements 
 beyond the mere mud dwelling of the occupier. 
 
 1142. And in such a case, would you not infer that 
 tenant-right, or a payment for the possession of the land, 
 must have sprang from the intense competition for land, 
 leaving parties to pay to the out-going tenant a sum which 
 should induce him to leave the land in his possession?—I 
 think I can offer a more probable view of the question: 
 the early settlers were stationed in a hostile country, and 
 could only tempt their retainers to come over or to remain 
 by granting permanent advantages in return for the protco 
 
VALUE OF THE TENANT-RIGHT 
 
 a. senior, tion they afforded the first chief occupiers. It may, in 
 * p. 82. fact, have been a species of feudal tenure. 
 
 1143. But under such a theory, would not the tenant- 
 right he a payment either by the landlord to the tenant, or 
 by the tenant to the landlord, not by one tenant to the 
 other?—It became the custom of the country to exact 
 a very low rent; subsequently competition for land in¬ 
 creased the value of that rent, but the landlord did not 
 feel it advisable, or possibly even safe, to increase that rent. 
 We must remember, in considering the question of tenant- 
 right, that the north of Ireland has not been, during all 
 
 S ' ads, a country in which it would have been safe for a 
 ed proprietor to break through existing customs. 
 
 1144. Chairman .J If you found in the south of Ireland 
 that in a large district leases had been given a century and 
 a half ago to all the tenantry upon the estate, from pre¬ 
 cisely the same causes which you have stated in respect of 
 the north, the inducement of the settlement of respectable 
 yeomanry upon the estate, would you value such lands at 
 the rents which were payable to the landlord, although 
 those rents would be much below the actual letting value 
 of the land?—I should go, as I before stated, as a mere 
 question of law, simply by the words of the Act of Parlia¬ 
 ment, viz.: the rent which might reasonably have been ex¬ 
 pected from a solvent tenant from year to year. 
 
 1145. Mr. TYsey.] Quite irrespective of the present value 
 of the land?—No, on the contrary, I mean closely follow¬ 
 ing the letting value of the land. I mean in the case of a 
 district in which there are old leases, let us assume at 10s. 
 an acre, I should disregard those leases. 
 
 1146. Chairman.'] You would disregard those leases, 
 
 and value the ground according to the letting value?_ 
 
 Yes. 
 
 1147. Then in the north of Ireland, where the tenant- 
 right may be taken to be equivalent to the possession of a 
 certain interest in the land by the tenant, equivalent to his 
 having a lease, why should you not proceed upon the same 
 basis of valuation, and value the lands there at the actual 
 letting value, as they would let had the tenant no lease or 
 no right of sale?—I am quite prepared to express my 
 opinion that a tenant would have a right of appeal from a 
 
TO TENANT AND LANDLORD. 
 
 valuation constructed upon sucli a principle, as being con- 
 traiy to the. terms of the Act; the rent only being the 
 test, not a varying custom. 
 
 1148. But in the case of the south the rent would be 
 much below the letting value of the ground, and therefore 
 you would neglect the rent?—In the one case it is a pay¬ 
 ment from year to year, in the other for a term of years. 
 
 1149. Still, in the case of the north the payment from 
 year to year is considered by the person who purchases the 
 property as equivalent to a term, or he would not lay out 
 his money ?—I have before observed that all purchases of 
 land in the north are regulated upon the principle adopted 
 by the Act of Parliament, and that the purchaser of an 
 estate in the north knows he cannot and dare not raise the 
 rent of his estate to the utmost competition value. 
 
 1150. Supposing that a landlord in the north of Ireland 
 is obliged to evict his tenant by a process of law, and that 
 the tenant does not sell his tenant-right or cannot sell his 
 tenant-right, would not the landlord he considered fully at 
 liberty to let his land at a higher rent than the former ten¬ 
 ant had paid for it?—He would not; he would allow the 
 out-going tenant the full value of his tenant-right, deduct¬ 
 ing the arrears due to him as landlord, and would then re- 
 let the land on the same terms as before. 
 
 1151. Lord Courtenay.\ It would not in any case be 
 added to the rent?—It would not. 
 
 1152. Mr. Vesey. ] Would he receive from the incoming 
 tenant the tenant-right he deducted the arrears from?— 
 Yes; in other words, if the tenant had to receive for ten 
 acres of land £50 as tenant-right, and lie owed to his land¬ 
 lord £30, he would be allowed to receive £20 as the differ¬ 
 ence due to him. 
 
 1153. Then what would be the course the landlord 
 would take with regard to the in-coming tenant to whom 
 he would fresh let the land ?—He would charge him pre¬ 
 cisely the same rent as the out-going tenant paid. 
 
 1154. Then would he ask from tire in-coming tenant 
 the same he had received from the man he had ejected?— 
 He would allow the out-going tenant to make liis own bar¬ 
 gain with the in-coming tenant, and he woidd not interpose 
 
VALUE OP THE TENANT-RIGHT 
 
 Es 4 Senior ’ f urt ^ 1Gr than by exercising a veto, if lie had any personal 
 j. 62. objection to the in-coming tenant. 
 
 1155. Do I understand from you that the landlord does 
 not actually choose the in-coming tenant, hut it is a bargain 
 between the man who is ejected and the man who is com¬ 
 ing in?—Entirely so; the usual form which appears is an 
 advertisement, headed “ Farm for Sale,” issued by the out¬ 
 going tenant who is in want of a purchaser. Under this 
 system, therefore, there are almost no arrears of rent. 
 
 1156. Lord Courtenay That is called “ Farm for sale?” 
 —Yes. 
 
 1157-8. Even though the tenant has no lease?—Yes. 
 
 * Sir R. Ferguson, M.P. 
 
 gus?n,M r p. 478. “ Most of the landlords near me are attempting to 
 valuation re 8 ucc tenant-right to something in reason, say three years’ 
 committee, rent, and giving an allowance besides, if the houses are in 
 p ' 3S- particularly good order, or other particular circumstances. 
 Tenant-right is not equal everywhere; it depends a good 
 deal on the character of individual proprietors.” 
 
TO TENANT AND LANDLORD. 
 
 Theoi'Hills Jones, Assistant Barrister , County Down. 
 
 Question 38. Are there not frequently large sums paid, 
 by persons desirous of procuring land, for the good-will of Report, 
 the tenant, desirous of disposing of that land without any p ' 
 tenure beyond a tenancy-at-will ?—Certainly, frequently. 
 
 39. Can you state any instances of it?—No, I cannot 
 state the particulars; but they have frequently presented 
 themselves to my notice, and surprised me much. I cannot 
 state the amount; but this I can state—when the land is 
 let at a rack-rent, and from year to year, the tenant can sell 
 his interest for a considerable sum. 
 
 40. The mere possession ?—Yes. 
 
 41. Does that sum vary proportionally according to the 
 condition of the land and the condition of the houses ?—I 
 suppose it does, and according to the amount of the rent 
 charged; but, at the very highest rent, the tenant can sell 
 jus interest for a large price. 
 
 42. Did some cases of that kind come under your know¬ 
 ledge in Leitrim ?—It is so long since I left the county of 
 Leitrim, that I cannot speak to that; but these cases came 
 under my knowledge when engaged in the registry; and 1 
 was not so engaged in the county of Leitrim. 
 
 43. Do we understand you to say that a considerable sum 
 is frequently paid for an opportunity—if I may so express 
 it—of getting into possession of the land, without reference 
 at all to the beneficial nature of the lease ?—I think so : to 
 get possession of the land is the object. 
 
 ; Mr. Griffith, Government Engineer and Valuator. 
 
 68. Do you consider that in the county of Armagh the 
 tenure being at will creates any want of confidence between Report. ’ 
 the landlord and the tenant?—I think it does not; and I p ' ' 
 am aware of a great number of instances where very consi¬ 
 derable sums of money have been given for what is called 
 c 
 
VALUE OF THE TENANT-RIGHT 
 
 • the tenant-right to a farm held at will; thus a tenant wish¬ 
 ing to leave the country sells his tenant-right to his farm to 
 another. I have known as high as twenty pounds an acre 
 given for the purchase of the tenant-right. 
 
 69. Have you heard of that occurring in other parts of 
 Ireland?—I have, but not to the same extent. I have 
 heard of it in Fermanagh and neighbouring counties. 
 
 7 0. Mention the counties in which you know that practice 
 to prevail ?—The counties in which I know it to prevail are, 
 Armagh, Down, Fermanagh, Tyrone, and Sligo. It pre¬ 
 vails to a certain extent in the adjoining counties, but 
 not to the same extent as it does in these, as far as I am 
 aware. 
 
 71. Can you state whether that payment has reference to 
 possession alone, or whether it also has reference to improve¬ 
 ments Avhich may have taken place ?—I believe to possession 
 alone; in some instances it may have regard to improve¬ 
 ments, but generally it is for possession alone. 
 
 72. In the case of a landlord resuming his land, is there 
 any custom of making any payment of that Mud ?—It is 
 usual for the landlord to pay the full amount of what the 
 tenant could obtain from others for the tenant-right. 
 
 73. Have you observed these purchases made, even where 
 the outgoing tenant was giving at the time a high rent ?— 
 I have known it in the county of Armagh, where I con¬ 
 ceived that the rent paid was a full rent, one-third above 
 my valuation. 
 
 74. And yet a large sum is paid for the privilege of 
 paying that rent ?—It was, but much more is given for a 
 tenant-right upon one estate than another; the amount 
 frequently depends upon the character of the landlord or of 
 the family. 
 
 75. Are you acquainted with the county of Monaghan 
 sufhcicntly to enable you to say whether that usage prevails 
 there ?—I think not, but I am not certain. 
 
 76. I believe your valuation is not altogether extended 
 to the south of Ireland ?—It is not. 
 
 77. Are you as well acquainted with the south as the 
 north of Ireland ?—I am generally acquainted with Ireland. 
 As conductor of the boundary department of the ordnance 
 survey of Ireland, it was necessary to visit every part of it; 
 
TO TENANT AND LANDLORD. 
 
 and also in making my geological survey of the counties. 1 
 may say I have walked over the greater part of Ireland, 
 more than once, and as much in the south as in the north. 
 
 78. Are you able to state whether this tenant-right pre¬ 
 vails in the south of Ireland?—I believe not; there is 
 generally a lease tenure in the south of Ireland, that is in 
 Munster. In the county of Wicklow upon some of the 
 estates, the tenants are mere tenants-at-will; upon other 
 estates there are leases. Upon Lord Fitzwilliam’s estate 
 the tenants tor the most part hold at will. 
 
 79. In the county of Tipperary, can you say whether the 
 tenant-right prevails there?—The tenants generally hold 
 under leases there; but the tenant-right does prevail to so 
 great an extent that few are bold enough to take the land 
 where a tenant has been dispossessed. 
 
 80. Does anything of the kind prevail in the west, as at 
 King William’s Town, the crown property in the county 
 of Cork ?—No, the tenants there hold at will; but they 
 would not be allowed to dispose of their farms without the 
 permission of the Board of Woods and Forests. 
 
 83. In the county of Tipperary is there any particular 
 district much sub-divided ?—I think not, beyond the pre¬ 
 cincts of towns. 
 
 84. In your opinion is the system of purchasing the 
 tenant-right a good system?—I think it cannot be con¬ 
 sidered a bad system. A man who purchases a tenant- 
 right must intend to cultivate the land well, and pay his 
 rent well, or he would not make the purchase. 
 
 85. Has it not the effect of absorbing his capital ?—It 
 would have that effect only. The extent of the farm is so 
 small that a man is able to cultivate it with his own hands, 
 and does not require much capital, four or five acres being 
 the usual extent. 
 
 86. Can you state whether from the prevalence of that 
 
 custom or usage, there is any feeling of insecurity on the 
 part of those who make a purchase, on account of there 
 being no lease ?—I think not, provided the landlord or his 
 agent gives his permission. * 
 
 87. Is the tenant-right ever purchased without that per¬ 
 mission ?—It may be, and frequently is; but there is not 
 the same security. 
 
 c 2 
 
THE TENANT-1 
 
 1Ir 'p G 2 l 'f ltl '' 88. Do instances frequently occur in which the landlord 
 continued, does not adopt the person who has so purchased the tenant- 
 right ?—1 cannot speak positively to that fact, but there is 
 great anxiety and interest made to get their consent. 
 
 89. It is usually done with the consent of the landlord? 
 —That is usually the case. 
 
 Mr. Hancock, Agent to Lord Lurgctn, Counties Armagh, 
 Down, and Antrim. 
 
 ian?c"m Ck ^7,38.much of our Ulster prosperity has been the 
 
 Report?* result of this extraordinary matter (viz. tenant-right) in 
 v ‘ 483, connexion with tenure, and no measure would have a greater 
 effect in improving the condition of the south and west, than 
 the introduction of tenant-right, as it exists in Ulster. I 
 consider tenant-right the claim of the tenant and his heirs 
 to continue in undisturbed possession, so long as the rent is 
 paid; and in the event of ejectment, or change of occupancy, 
 it is the sum the new occupier must pay the old, for the 
 peaceable enjoyment of his holding. I consider tenant-light 
 beneficial to the community, because it establishes a secu¬ 
 rity in the possession of land, and leads to the improvement 
 of the estate, without any expenditure of capital on the part 
 of the landlord. It likewise affords the best security for his 
 rent, as arrears are always allowed to be deducted liom the 
 amount the occupier receives for tenant-right. It is very 
 conducive to the peace of the country, for almost every man 
 has a stake in the commumtv. and is therefore opposed to 
 agrarian outrages as well as riots. The laws are more re¬ 
 spected ; there are none of those reckless daring men who 
 are ready for any deed, under the consciousness that their 
 situation cannot be worse; the liberty of the subject is more 
 respected; and imprisonment has greater terrors, from the 
 fact that almost any tenant can procure bail for his future 
 appearance in court, or his future good behaviour. There 
 i3 never any instance of forfeited recognizance. An arrest 
 is, therefore, a much more serious matter in this than in 
 other parts of Ireland; for, as there is less risk (from his 
 stake) of the offender flying, so here the degradation is more 
 keenly felt, and parties often subscribe and bring actions 
 
TENANT AND LANDLORD. 
 
 xxi 
 
 against magistrates for false arrest and imprisonment; Mr. Hancock 
 whereas, where no tenant-right exists, the first step is the continued, 
 arrest, to prevent escape; and secondly, the consideration 
 of the cause. Imprisonment and contamination with bad 
 characters are thus more frequent. The magistrates cannot 
 have the same respect for the liberty of the subject; and 
 when acts of oppression occur, revenge is taken, not by an 
 appeal to the civil court for damages, but. by combination 
 and an appeal to force, waylaying, and murder. The ne¬ 
 cessity of distress for rent, a fruitful source of riots and 
 broken heads, is also obviated by the tenant-right, as there 
 is no danger of loss of arrears. 
 
 (See Class No. III., page lxxx., for the rest of Mr- 
 Hancock’s evidence.) 
 
 Captain George D. Cranfield, Agent to Powerscourt 
 Estate, County Tyrone. 
 
 35. Is the tenant-right, or sale of good-will, prevalent capt.Geor S a 
 in the district, and is it recognised by the landlord?— D L»ndcom.' 
 It is prevalent, and the landlord is aware of it, and does 
 
 not object to it. It is to a very great extent upon the 
 Benburb estate. 
 
 36. What, in your opinion, is the effect of the custom ? 
 
 —I think there is a manifest benefit to the tenant; and I 
 think in some respects a benefit to the landlord, and in 
 others a disadvantage. I think with respect to the landlord, 
 his rent is always secured. In other places, if the tenant 
 is threatened with an ejectment, he gathers up every thing 
 he can and runs away. Under this system I know the 
 tenants are most anxious, if served with an ejectment, to 
 make a settlement at once. I think the advantage to the 
 landlord is the security of his rent. If a tenant does go 
 away, there are many ready to pay up the arrears. On the 
 other hand, there is a bar to improvement; if the landlord 
 wishes, for example, to get gentry upon his estate, how 
 is he to do it ? He must purchase his estate over again. 
 
 He could not put eight or ten tenants out, and make a good 
 large farm for a respectable person to reside upon, without 
 
VALUE OF THE TENANT-RIGHT 
 
 £° P crSflBM e i^ er breaking through the custom or re-purchasing his 
 ' p. sis. estate. 
 
 continue. 3^ "\yhat is the value of the tenant-right, compared to 
 
 the year’s rent or the acre ?—Until lately it was about £10 
 an acre; it is now decreasing. 
 
 38. For what reason ?—Owing to the depreciation of the 
 produce. 
 
 39. Has there been any attempt on the part of the land¬ 
 lord to regulate it?—Yes. 
 
 40. What steps have been taken ?—Merely to fix the 
 maximum; he fixed £8 an acre last year. 
 
 C. H. Kennedy, Esq., Estate Agent, Henrietta-street. 
 
 c. n. Ken- 31. State whether the tenant-right exists, whether it is 
 acknowledged by the landlords, what may be its value, and 
 how the funds arising from it are generally applied?—The 
 sale of tenant-right is almost universally acknowledged in 
 this part of the country. The payment is made to the out¬ 
 going tenant. Where the late tenant is in arrear, however, 
 the arrear is paid out of the fund created by the sale of the 
 tenant-right. The effect of acknowledging the equitable 
 right of the tenant to a return for his investment by the sale 
 of his good-will, is only beneficial in the absence of some 
 better regulated principle for seeming to the tenant a just 
 return for his improvements, as otherwise he would not 
 make them. And under the existing circumstances in 
 which property is found in this country, until some general 
 measure shall be adopted securing to the tenant such an 
 equitable return, I cannot see how the existing custom of 
 selling the tenant-right, or {{ good-will,” as it is not inaptly 
 called, can be prevented in practice, or questioned in equity. 
 The system is, however, liable to great abuses, as the idle 
 unimproving tenant is by it put on the same footing as 
 the industrious improver. In my opinion, the recognised 
 tenant-right is in practice as valuable to the tenant as any 
 length of lease which is likely to be granted to him, but it 
 certainly confuses the. rights of property in a very objection¬ 
 able manner. I can only consider it as a co-partnership of 
 the tenant in such interest as the landlord may possess in 
 
TO TENANT AND LANDLORD. Xxiii 
 
 his estate, arising from the fact that the permanent improve- & _h. ^cen- 
 ments, such as they are, have usually been effected by the p.'bs*.' 
 occupying tenant, whilst the soil, with all its latent properties co, “' nucd ' 
 and capabihties, belongs to the landlord. The average 
 value of the tenant-right amongst the old land tenants on 
 the Glenfin estate, is about eleven years’ purchase of the 
 rent of the land sold since 1838; and that of the new land 
 tenants for their interest in their lease of twenty-one years, 
 about 14s. an acre. The value of the tenant-right seems to 
 be increasing, and I do not think it is affected at all by the 
 tenure. It is rare to see a tenant dispose of his farm, unless 
 to pay off the debts which the security of his tenant-right 
 enables him to contract, and in general but little remains to 
 himself after satisfying his numerous creditors. 
 
 Mr. Tickell, Assistant Barrister, County Armagh. 
 
 10. Have you any opportunity of knowing whether a Mr.TieM. 
 considerable proportion of the cases (ejectment cases) in 
 which decrees are made are carried into effect ?—There is p - 49 ’ 50 - 
 in the county Armagh a very intelligent Sub-Sheriff, Mr. 
 M'Kinstry, and he informed his brother, the Deputy Clerk 
 
 of the Peace, that the number of warrants signed by him as 
 Sub-Sheriff, in the last five years, was, according to his 
 knowledge about seventy in each year; and that of these 
 seventy he thought not more than one-fourth were put in 
 force so as to cause a change of tenancy; certainly not 
 more than one-third. The county Armagh is peculiarly 
 situated as to these ejectment processes; it is a small but 
 extremely populous county, and cut up more in very small 
 divisions than any other one I believe, in Ireland. I should 
 suppose that the average size of the farms in the county 
 Armagh cannot exceed above five or six Irish acres, or ten 
 or twelve English ones. The state of many parts of it I 
 believe to be as different from that of some other remote 
 parts of Ireland, as the state of parts of France is different 
 from that of many parts of England. 
 
 11. In what do you conceive the difference to consist?— 
 
 The extreme sub-division of land in most parts of the 
 county, the existence in it of the linen manufacture, the 
 superior condition of most of its inhabitants, and the large 
 
XXIV 
 
 VALUE or THE TENANT-RIGHT 
 
 Mr. Tickeii. sums which are given for the tenant-right, as it is called, of 
 continual, farms. This tenant-right does not exist, I believe, to any¬ 
 thing like the same extent in any of the southern or western 
 counties. In the county Armagh, for a long time it was, on an 
 average, as I have heard, worth from £10 to £13 per acre. 
 The Deputy Clerk of the Peace, Air. M‘Kinstry, who 
 knows the country extremely well, still estimates it at from 
 £10 to £13 per acre, where the holding is under one of 
 the great proprietors. I have heard of it bringing in a few 
 instances and in peculiar cases a sum which I think if the 
 property had been in the south of Ireland, would very 
 nearly have purchased the fee simple. Latterly, in conse¬ 
 quence of the depression in price of agricultural produce, I 
 have heard that the value of the tenant-right has fallen 
 somewhat. I have not however much doubt, from every 
 thing I have heard, but that if Lord Charlemont, for in¬ 
 stance, were to execute a lease to-morrow of a farm of his 
 in the county of Armagh, and if it were known that the 
 interest under that lease was to be sold, the lessee would 
 have plenty of bidders offering him £7 or £8 per acre for 
 it. The system, in my opinion, must have an injurious 
 effect upon the cultivation of the land, for the money that is 
 paid for the good will comes out of the pocket of the in¬ 
 coming tenant, and is taken from the individual who ought 
 to have it to enable him to cultivate his farm to advantage. 
 The system, however, I believe, is now too long established 
 to be easily changed. I have registered the county twice, 
 and it has often made it an exceedingly difficult question 
 for me to know how to deal with the elective franchise, 
 depending as it does, upon the clear yearly value of the 
 premises. The rent which the farmer, qua farmer, could 
 afford to pay, would not alone evidence or be an exact mea¬ 
 sure of the value of the farm. In some instances in which 
 I thought the rent a full and fair one, considerable sums, 
 amounting to £60, £70, or perhaps £80, had been given 
 for the tenant-right. 
 
 12. The sum was treated in the nature of a fine upon’the 
 granting of a lease ?—Yes; but in none of those cases does 
 the money go into the landlord’s pocket, save such part as 
 may be necessary to clear off any existing arrear of rent. 
 
 , 13. Does the tenant-right extend in Armagh to lessees 
 
TO TENANT AND LANDLORD. 
 
 as well as tenants-at-will ?—It does, and the tenant-right is Mr. ■nckeu. 
 more valuable to the lessee in many cases. continued. 
 
 14. You say this sort of dealing takes place immediately 
 upon the execution of the lease; in that case it must be by 
 way of prospective improvement, more than any immediate 
 advantage ?—I think the dealing in almost all cases takes 
 place more with a view to present convenience and advantage 
 than to prospective improvements. 
 
 15. Can you state whether the rate of purchase of the 
 tenant-right differs much in cases of lessees from that of 
 tenants-at-will ?—I should think not much in ordinary cases 
 of farms held under the great proprietors, and not held 
 under very old leases. In a case which occurred before me 
 two or three years ago, it was proved that a man had given 
 upon the old taldng £10 per acre, for getting possession 
 from the lessee with the assent of the landlord; in that case 
 I believe the old lease had been evicted and no new one had 
 been actually executed, but the transaction being with the 
 sanction of the landlord, his word was deemed equivalent to 
 a lease. 
 
 16. Was there a promise of a lease?—Yes, and the land¬ 
 lord with a view, I believe, to prevent the system of paying 
 more than the land was essentially worth, had desired his 
 agent (as he told me) to prevent on that part of the property 
 more than £10 an acre from being given, and it appeared 
 in the case to which I allude, that, in truth, not only was 
 the £10 given, but, without the knowledge of the agent or 
 landlord, the incoming tenant had privately given or agreed 
 to give £3 additional per acre. The difference between the 
 rate of purchase of the tenant-right of the lessee and that 
 of mere tenants-at-will must of course depend a good deal 
 upon the rent which was originally reserved, and the im¬ 
 provement which has subsequently taken place. For in¬ 
 stance, upon Lord Charlemont’s estate, (who has a consider¬ 
 able part of mountain property,) there was let with small 
 portions of arable land, formerly perhaps not amounting to 
 more than two or three acres, a portion of mountain called 
 a grazing. The increase of the population and the industry 
 of the tenants have been such that these grazings have been 
 brought, in a great many instances, into cultivation; and 
 when an old lease of land like this expires, there may be 
 
xxvi 
 
 VALUE OF THE TENANT-RIGI 
 
 sir. Tickeii. then perhaps twenty arable acres where there were only two 
 continued, or three such acres at the commencement of it. The ori¬ 
 ginal rent in cases of this description was exceedingly small, 
 and pending such a lease, more would be given for the 
 tenant-right than would be given for a tenancy from year 
 to year. 
 
 17. In the case of two farms the rent of which, and the 
 quality of the land in which, are pretty nearly equal, the 
 fact of it being a lease in the one case entitles the parties to 
 expect an additional rate of purchase ?—If the dealing take 
 place under the sanction of such landlords as Lords Charle- 
 mont and Gosford, or under any of the great proprietors, 
 that would not, I believe, from every thing I have heard, at 
 least to any considerable extent, be the case. In the county 
 of Armagh, as elsewhere, there are some, I dare say, whose 
 characters do not stand so high as landlords as those I have 
 mentioned, and I think that more would be given for the 
 tenant-right of lands held under them by lease than if the 
 lands were held only at will; but where a dealing takes 
 place with the approbation and sanction of any of the great 
 proprietors, and a man is put into possession as tenant from 
 year to year, he having paid a certain sum of money for the 
 good will of the outgoing tenant, he looks upon himself, I 
 believe, as secure as if he had a lease, from being evicted 
 from the lands, without being allowed to get back by a 
 similar kind of dealing the money he had paid for the lands 
 or had laid out in improvements. 
 
 18. It is considered a point of honor with the landlords ? 
 —Yes, I believe so. 
 
 19; And the same with the tenants ?—I believe so.' 
 
 20. Have any such contracts between tenants ever become 
 the subject of legal investigation ?—Not directly in the 
 assistant banister’s court, as between landlord and tenant, 
 though they have collaterally, as between the tenants them¬ 
 selves. I would not have spoken with regard to them as 
 fully as I have done, if I had not twice registered the 
 county, and had been obliged in both cases to obtain infor¬ 
 mation as to the leases and the general circumstances of the 
 county in respect of the value of the lands in it and the 
 system of leasing. 
 
 21. As far as your experience as a lawyer goes, have 
 
TO TENANT AND LANDLORD. XXvii 
 
 those agreements, for such they are, frequently or ever be- Mr. ticm. 
 come the subject of discussion in the courts, in order to en- continued, 
 force them ?—But seldom on the contract itself. Actions 
 are brought frequently on the notes or securities passed for 
 the purchase money, when, perhaps the defendant sets off 
 a payment of rent made by him to the head landlord, which 
 he insists that, according to the contract, the plaintiff ought 
 to have paid; this leads to a discussion of the original con¬ 
 tract. Balances of the purchase money remaining due are 
 also sued for from time to time, and also lead to inquiry into 
 the original contract. 
 
 22. Have you ever known of any instance in which this 
 contract between the incoming and outgoing tenants having 
 been made without the previous sanction of the landlord, 
 the landlord has had occasion to resort to legal proceedings 
 to keep out the proposed tenant ?—I am quite sure it must 
 have arisen, and I think I have knoAvn it arise; the in¬ 
 stances are, I believe rare; the ordinary transaction is so 
 common and so well understood in the county, that I think 
 very little litigation has arisen in the civil bill court upon 
 the subject. 
 
 23. In by far the great majority of cases the landlord’s 
 previous sanction is obtained?—I believe so, in cases of 
 tenancies-at-will, and generally before the tenant pays the 
 money, unless there be a lease and no non-alienation clause 
 in it. 
 
 24. Do they often purchase the tenant-right, in the'case 
 of a lease, without asking the landlord’s permission?—I 
 cannot say positively, but I believe they do very often; 
 they also subdivide their farms in order to give portions of 
 the land to their children, and this they do when they have 
 the power, I believe, without asking usually the landlord’s 
 permission. 
 
 25. You state you have registered the county twice over; 
 can you state from the knowledge which that circumstance 
 has given you, whether the rent, looking at the intrinsic 
 value of the land, is high in that county ?—As between 
 middleman and occupier I should say the rents are very 
 high, but I say so being accustomed to the county of Kil¬ 
 dare, and being not a very competent judge on the subject. 
 
 If you ask me whether they arc high as between the head 
 
XXviii VALUE OF THE TENANT-RIGHT 
 
 nr. Tickeii. landlord and his immediate tenant, I should not say that 
 continued, they were so, generally, considering that the lands in a 
 considerable portion of the county are of a very good quality, 
 and that they appear to be cultivated with more energy and 
 spirit than in many other parts of Ireland. 
 
 W. C. Kyle, Esq., Secretary to Commissioners of 
 Education ( an incorporated body). 
 w. c. Kyie, 30. Is there any feeling of preference in giving encou- 
 i.and com. ragement to the punctual tenant over one who is in arrear ? 
 
 Report. —Yes; the feeling is to give encouragement to the tenant 
 who is punctual. 
 
 31. Upon letting the lands to the occupying tenant upon 
 the expiration of leases, have the board occasion to lessen 
 the number and to dispossess many tenants, or are they able 
 to locate all of them upon the lands?—They sometimes 
 have occasion to get rid of some few, but they find it very 
 difficult to purchase them out. 
 
 32. On what property has that occurred ?—On the Dun¬ 
 gannon estate?—They got rid of some of them, but;very 
 few; many were located on a different part of the property. 
 
 33. Was that by giving them compensation or by eject¬ 
 ment ?—By compensation; but that was before my con¬ 
 nexion with the board, and I cannot speak so accurately 
 about it as Mr. Blacker can, who was the agent at the 
 time they were evicted. He will be able to inform the 
 commissioners. 
 
 34. Have the board the power of making leases to 
 tenants ?—I think they have. 
 
 35. ‘ Have any applications been made by the tenants for 
 leases?—I think not. I should say they are very well 
 satisfied. The commissioners, generally speaking, are very 
 indulgent landlords: and the circumstance of the tenant- 
 right selling so high, proves it. 
 
 36. It has a tendency to make.them contented?—It 
 shows they are satisfied. 
 
 37. What is the rate of sale of the tenant-right upon 
 these estates?—The commissioners do not recognise any; 
 they know it takes place, and that it is the custom of the 
 country; all the commissioners reserve to themselves is the 
 right to approve or disapprove of any tenant coming in; the 
 
TO TENANT AND LANDLORD. 
 
 xxix 
 
 other is a matter between the parties themselves, to which w.c.Kyio. 
 the board is no party. continued. 
 
 38. Have any cases occurred within your knowledge in 
 which they have disapproved of the tenant proposed ?— 
 
 Yes. 
 
 39. What has been the effect of that?—As it has conic 
 within my own knowledge, I had better state the entire 
 facts; it occurred very lately. There was a small farm sold 
 in the county of Armagh some months ago, and the rule of 
 the board is, that no tenant shall be allowed to dispose of 
 his holding except to persons approved of by the board. 
 
 The anxiety to get land is very great. A person about to 
 sell, put up his land to auction in the country among 
 themselves (not a regular auction of course) before it was 
 communicated to the agent, and before he knew any thing 
 at all about it. One person agreed to give a certain sum, 
 and actually paid something on account. In the mean time 
 the report of the agent came up, and a different person was 
 approved of by the commissioners as their tenant. A great 
 deal of correspondence, and a great many memorials came 
 to the commissioners. In consequence of this we knew 
 what the sum paid was; it came incidentally to our 
 knowledge. 
 
 _ 40. What was it?—It was about £160 for the tenant- 
 right of something about ten acres, with a good house upon 
 it, the rent being under £1 an acre,—lower than upon the 
 neighbouring estates; it came merely incidentally before 
 me, when I went down to investigate it. I was sent down 
 to examine it on the spot, and to have all the parties before 
 me, and make my report to the commissioners. I found 
 that the person of whom the board had approved as the 
 tenant, although he was willing to give £160 for the 
 tenant-right, and pay the rent, was very active in getting 
 up a memorial, which reached me before I left town, for a 
 reduction of rent. I took this memorial with me, and 
 asked him to reconcile his giving £16 an acre for the land, 
 whilst he said by the memorial the rent was too high. He 
 could not answer that. I found he had been very active in 
 collecting signatures to the memorial for a reduction of 
 rent; he was otherwise in every respect a good tenant; he 
 was a very solvent man, worth several hundred pounds; 
 
XXX 
 
 VALUE OF THE TENANT-RIGHT 
 
 raiiUnS' he tad a shop besides his farm. On my reporting a detail 
 of the case to the commissioners, they were determined to 
 mark their displeasure as to his inconsistent conduct, and 
 withdrew their permission for his becoming their tenant, 
 and allowed the other candidate to become possessor of the 
 farm. 
 
 41. "Was the sum offered by each of the candidates 
 equal ?—I am not quite sure that it was; I think the one 
 who got it offered less than the one the board first approved 
 of; but that was not an element in their consideration. 
 
 42. When they originally selected a person, had the 
 other offered as much as the one they first selected ?—1 
 believe so; but that the board knew only incidentally after¬ 
 wards ; but it was a race between them to get the land. 
 
 43. Has any case come within your knowledge in which 
 the person to whom the tenant rvished to sell his right was 
 finally rejected by the board ?—1 do not recollect at present 
 that there is any instance of that kind. 
 
 44. Do you know any instance where the tenant could 
 have got more from another man than he did from the man 
 selected by the board ?—I cannot say that. The price does 
 not come before the board; they set their face against 
 knowing any tiling about it; they do not -wish to know 
 anything about it; they are aware that it exists; it is the 
 custom of the country. 
 
 45. They take no means to restrict or increase it ?—It is 
 well known that they woidd not allow beyond a certain 
 sum upon any estate. I found there was a rule to that 
 effect. 
 
 46. .How was the sum ascertained?—By the report of 
 the agent. For instance, on the Dungannon School estate 
 Mr. Blacker reported, as well as I recollect, that no more 
 than £6 an acre should be allowed to be paid by one tenant 
 to another for his tenant-right. 
 
 47. Do you know upon what he fixed that rate of price? 
 No, I do not. 
 
 Sharman Crawford, M.P. 
 
 Sharman 
 
 uSdCom. 79. Does what is called the tenant-right prevail upon 
 p e wL y° lir property?—Yes, to a very large extent. By the 
 
TO TENANT AND LANDLORD. 
 
 tenant-right, I mean the selling by the occupier of his in¬ 
 terest in the occupation. 
 
 80. Does it sell for a large amount upon your estate ?— 
 Yes, it does. I have reason to know that it has sold at 
 from £20 to £30 an acre. 
 
 81. The rent of the acre being how much ?—The rent of 
 the acre being £1 or £1 5s. 
 
 82. In the instances to which you allude, can you state 
 whether the parties were tenants from year to year or 
 lessees ?—In some cases they were lessees, and in other 
 cases tenants upon leases shortly to expire, and in some 
 cases tenants-at-will. In such cases the purchaser would 
 come to me and simply ask whether I would accept of him 
 as standing in the place of the tenant who was going out of 
 possession. That was the only question that would be 
 asked of me, and no engagement required from me as to 
 what rent I should charge. 
 
 83. Is that the usual way in which a tenant who is in 
 an-ear, on quitting the land, discharges the arrear due to 
 his landlord?—Frequently it is. 
 
 84. That practice prevailing extensively in the north of 
 Ireland, does not it seem to imply a great security of 
 tenure on the part of persons who give that high rate ?—It 
 implies great confidence in the landlord, and it only exists 
 upon estates where there is that confidence in the landlord. 
 
 Mr. Jajies Harshaw, Co. Armagh. 
 
 42. Is tenant right prevalent in your district ?—I think 
 it is. 
 
 43. To whom is the purchase money in that case paid ?— 
 To the tenant. 
 
 44. Is it recognised by the landlords in general ?—I 
 t liink so; but on large estates generally there is a maximum 
 price fixed by the landlord, and the landlords require per¬ 
 mission to be asked in each individual case. The landlord 
 or agent also selects the tenant. 
 
 45. What is your opinion of the effect of it upon the 
 country?—I think it has a good effect. The tenant 
 acquires a right in the land, and he feels disposed to improve, 
 because he believes he will be permitted to sell his interest. 
 
 46. When a landlord resumes the possession of a farm 
 
VALUE OF THE TENANT-HIGHT TO 
 
 fS* Hor ' ^ or own use > an< * not to ^ ct a g a ‘ n i Joes lie feel himself 
 continued, bound to pay the tenant-right to the tenant going out ?—I 
 think he does, though there are some exceptions. 
 
 47. What should you say was the value of the tenant- 
 right, compared with the year’s rent, or by the acre?—It 
 sells at from £10 to £25 an acre. 
 
 48. Is it according to the value of the acre, or is it 
 affected by the tenure ?—It is affected by the rent, and by 
 the tenure also. 
 
 49. Is the value of the tenant-right increasing or de¬ 
 creasing?—Latterly there has been a pressure upon agri¬ 
 cultural produce, and consequently I think it has decreased, 
 and the decreasing still continues. 
 
 50. Has there been any great consolidation of farms in 
 your neighbourhood ?—No, not much. 
 
 51. Has there been any case of the ejectment of tenants 
 without their receiving an allowance for the tenant-right ?— 
 I do not know of any, or at least very few. 
 
 52. Is there any great subdivision or subletting of farms 
 going on ?—There is. 
 
 Mr. Kinmouth, Co. Armagh. 
 
 Mr. Kin- 60. Is the tenant-right prevalent in the district ?—It is. 
 
 Lnndcom, 61- What is your opinion of the effect of it?—I should 
 think that it gives the tenant an interest in the land, and it 
 encourages him to improve. ' 
 
 82. What should you say was the value of the tenant- 
 right, taking it by the year’s rent or by the acre ?—By the 
 acre, £10. 
 
 63. Was there any attempt made to fix the price on 
 Colonel Close’s estate ?—Ten pounds is what is allowed; 
 but the landlord must be satisfied with the tenant. It 
 sometimes rises to a great deal more, sometimes as high as 
 £15; but £10 is the average of what is allowed. 
 
 64. Is the value of it increasing or decreasing?—In¬ 
 creasing, on our estate. 
 
 65. How do you account for that increase ?—They have 
 found out that Colonel Close is a good landlord. It may 
 not be the case all over the country. It is decreasing in 
 other parts. 
 
VO TENANT AND LANDLORD. XXxiii 
 
 66. How far do you consider it affected by tbe tenure; JR- mn- 
 liow much higher would the tenant-right of land, held on 
 lease, sell for, compared to land held at Avill ?—I should 
 think £5 an acre. 
 
 67. If a tenant has a good character, and is a solvent 
 person, is it usual for the landlord, from any other motive, 
 to refuse his consent?—He would refuse his consent, if he 
 was a stranger to the country. I always have given a 
 preference to any one having land adjoining. 
 
 68. Although the money offered by the stranger might 
 be more?—Yes; he would not be encouraged. It is to 
 get the farms enlarged. 
 
 Mr. Huddell, Farmer and Shop-keeper , Co. Armagh. 
 
 23. Is the tenant-right prevalent in the district with Mr. Ruddeii, 
 which you are connected, and to whom is the purchase- 
 
 money paid ?—The tenant right prevails in the district, and p - 490, 
 the purchase money is always paid to the out-going tenant. 
 
 24. Is the value of it increasing or decreasing?—I think 
 it is rather decreasing; but I suppose not just so much in 
 our neighbourhood as it is in other places, because it is in a 
 manufacturing district, and our farms are small. The land 
 sells higher than it does in other parts of the country, where 
 they are trusting to the produce of the land. 
 
 25. How many years’ rent or how much an acre does it 
 generally sell for?—There are several circumstances con¬ 
 nected with the sale of ground which either prove advan¬ 
 tageous or disadvantageous; but I think that land about 
 us would bring from about £10 to £18, owing to the way 
 it is circumstanced; but the rent varies generally. 
 
 26. Supposing £10 to be the sum, what rent would the 
 land be paying?—Land that is paying 25s. an acre might 
 sell at just the money I have stated, supposing it was cir¬ 
 cumstanced in a general kind of way for land in our county. 
 
 The farms are small, and people are very willing to enlarge 
 them, in order to make their interest more secure. They 
 would be afraid, if the farm was small, that some change 
 might come that might be the means of injuring them, and 
 they would enlarge them, if possible; and when opposition 
 takes place in the purchase of a small piece of ground, in 
 that way, it is often paid for beyond the value. 
 
 D 
 
xxxiv 
 
 VALUE OF THE TENANT-RIGHT TO 
 
 Mr. Ruddeii. 27. Although the land might be small, so long as they 
 p '- ' paid their rent, would they be disturbed?—No?; they 
 would notJbe disturbed under Lord Lurgan, or any person 
 who holds under him, no matter how small the farm, unless 
 they were inclined to go themselves. 
 
 Eev. F. Blakely, Presbyterian Minister, Co. Down. 
 luatihf'. 62. Tenant right sold for £10 to £15 per acre, and even 
 p.511. £40; there was open competition then. 
 
 Mr. Maxwell, Mr. Pilson, and Mr. Davidson. 
 
 Mr Maxwell, 75. Does the tenant-right exist in your districts ?— [Mr. 
 pSnnf" 11 Maxwell.'] —Yes; but it is very much going out. [Mr. 
 L Report m ' Davidson .]—In the neighbourhood I live in, the tenant- 
 p. sit-, 5iV. right is considered a very important thing; and in my im¬ 
 mediate neighbourhood it would sell very nearly as high as 
 a lease. 
 
 76. What is the general rate of sale. How many years’ 
 rent?— [Mr. Maxwell.] —It is often put upon the acre, 
 and is generally bought at £10 an acre. [Mr. Pilson.] — 
 I have known instances where it exceeded that [Mr. 
 Davidson.] —It varies very much. Some few years ago, I 
 think about seven years ago, I have known the tenant- 
 right of leased land sell at from £15 to £20 an acre; 
 and there was very little difference between the tenant-right 
 of lands at will and lands held under a lease under an in¬ 
 dulgent landlord. [ Mr. Maxwell.] —That has become a 
 very great evil. In many places it strips and impoverishes 
 the tenant coming in, and does not put money, generally 
 speaking, into the pocket of the person going out. I know 
 one instance where a farm of twenty-one acres of Cunning¬ 
 ham measure, a portion of a divided farm, the years in the 
 original lease having expired, but one life in being at a very 
 advanced age, the tenant-right was sold for £500, and the 
 rent, payable by the acre upon that portion, was 12s. 6d.: 
 lease considered of no value. 
 
 77. Is the tenant-right generally recognised by landlords, 
 or is it restricted now in a greater degree than formerly?— 
 It is recognised, but under restrictions. 
 
 78. What is the species of restrictions which the land¬ 
 lords usually impose^?—It varies upon different estates. 
 
TENANT AND LANDLORD. 
 
 XXXV 
 
 [Mr. Davidsoii] —1 think the tenant-right is restricted some- M ™ r p!j r “- 
 tirnes beyond what the tenant would think altogether just; TiTdDavison! 
 for instance, the landlords claim to confine a person who is p ' 51G ' M7 ‘ 
 selling his tenant-right to a certain sum, say £10 an acre, 
 whereas he could get £15 if he was allowed to sell it; in 
 that case, the tenant who is selling thinks himself aggrieved. 
 
 [Mr. Pilson.] —I would observe, on that subject, a case 
 may be supposed of an occupying tenant who is slovenly, 
 and does not pay his rent satisfactorily, and suffers the 
 farm to degenerate, the landlord having considerable trouble 
 with him, wishes him to sell, and permits him to sell. 
 
 He gets a very considerable sum of money for it, of which 
 the in-coming tenant borrowed the greater part, which has 
 exhausted his means, and he has not sufficient capital to 
 carry on the farm. 
 
 49. Do you consider that the reduction of rent has kept 
 pace with the depreciation of the produce of the farm. 
 
 [Mr. Maxwell."] —I should say not. [Mr. Pilson. ]—Cer¬ 
 tainly not; it has not fallen in proportion. [Mr Maxwell .] 
 
 —But there are other circumstances which cause the land 
 to be of greater value—the improved cultivation. [Mr. 
 
 Pilson.] —That is decidedly the case; increased industry 
 and improved cultivation have enabled the tenants to con¬ 
 tend with the reduction of prices. 
 
 William Stevenson, Esq. Del fas . 
 
 90. Is the tenant-right usually recognised by landlords ? wm.steren- 
 
 Yes. Land Com. 
 
 91. What in your opinion is the effect of that recognition 
 of the tenant-right; is it beneficial or otherwise?—It is 
 very advantageous; it is impossible to work an estate to 
 advantage unless the landlord recognises it. 
 
 92. What is the usual value of the tenant-right, compared 
 with the year’s rent or the acreable value ?—It varies very 
 much ; taking it over the country generally, I should say 
 £12 the Cunningham acre in Down. It differs in Antrim; 
 you would not get more than £8 in , Antrim. 
 
 93. Is it usual for the landlord to object to the in-coming 
 tenant ?—The stipulation the landlord makes with his agent 
 is, you are to please me as to the new tenant—see that he 
 is a proper tenant. 
 
 94. Do political or religious considerations cause any 
 
 d 2 
 
xxxvi 
 
 VALUE OF THE TENANT-I 
 
 mn.steven- objections, as far as you know ?—Not at all in this country; 
 Son p,s3o, there is very little here of that kind of objection; we are 
 all Protestants and Presbyterians. 
 
 Mr. James Davison, and Mr. John Martin. 
 
 Jm- Da- 44. Is the tenant-right prevalent in your district, and 
 John Martin', to whom is the purchase money paid ?—If it is the purchase 
 L Repor°t m ' money, it is given to the out-going tenant, of course, after 
 p- 533- all arrears of rent are paid. [Mr. Davison."] —Yes. 
 
 45. Is that recognised by the landlord, and what, in your 
 opinion, are the effects of it?—It has generally hitherto 
 been recognised; but I understand some of them are 
 beginning to question it a little. 
 
 46. What do you consider to be the effect of tenant-right 
 in the district?— [Mr. Marlin.] —For my part, I would 
 consider it had a good effect. 
 
 47. In what way ?—Upon the tenants improving their 
 holdings, giving them encouragement to lay out capital 
 upon them. [Mr. Davison.] —Certainly. 
 
 48. In what way do the landlords discountenance it ?— 
 Some of the landlords have turned out tenants without 
 allowing them any thing whatever. [Mr. Martin.] —In 
 such cases, it destroys the value of it. 
 
 Mr. Robert Brown, Ballymena, Co. Antrim. ' 
 
 Mr. Robert 53. Is it your opinion that such a measure as Mr. Shar- 
 B Land'com. man Crawford’s is required in cases where the landlord and 
 pS*.' tenant have mutual confidence in each other ?—I would 
 say not; but there are cases of a great many holdings under 
 middlemen. I do not allude to gentlemen holding town- 
 lands in perpetuity, and setting them out again; we find 
 such persons as good as the chief landlords: but then there 
 is another class who will, perhaps, hold forty or fifty acres 
 at will, under the chief landlord, and sublet to poor people 
 in five or six acres, charging them fifty, or seventy-five, or 
 one hundred per cent., profit. This is contrary to the 
 feeling of the chief landlord generally, but so it is. It is 
 well known that our chief landlords like as little interference 
 with their tenantry as possible, and they would rather look 
 over it than notice it, but such things do exist, very in¬ 
 juriously to the poor people; and 1 know that many who 
 hold under middlemen, hold at an exorbitant rent; and that 
 
TO TENANT 
 
 LANDLORD. 
 
 they are deterred from making any improvements, knowing “ r ott Il n obert 
 they have no tenant-right in their little holdings, and page sm. 
 knowing if they make any improvements, they will be 
 taken advantage of by the man they immediately hold under; 
 and that checks them from actually improving the land, and 
 benefitting themselves. 
 
 54. Do you mean that tenant-right is not recognised 
 by the parties described by you?—No, not to the parties 
 holding under middlemen; I will give you an instance in • 
 point, of a gentleman, though a rich man, and holding a 
 good deal of land, but under the denomination of a middle¬ 
 man still; I know one small holding of six acres that this 
 gentleman had set to three tenants within the last ten or 
 twelve years, and I have known them run away out of it, 
 though it was set, with the exception of the rent for the 
 house, as low as Lord Mountcashel would have done it. 
 
 How can we accoimt for this ? It may be too much to say, 
 that had those three tenants held under Lord Mountcashel 
 they would have been there yet; but had they intended to 
 have left it, they could have sold their tenant-right for at 
 least £40. Now, I know of other cases where they are ac¬ 
 tually deterred from making the improvements they would 
 do otherwise, and I will give you a case in point; I hold a 
 field under a middleman, convenient to myself; it -was a 
 barren moor, you might call it, but I held it as convenient 
 to my own house, and I knew as well then as I do now, 
 that it was in great need of being drained, dug, and culti¬ 
 vated; but such was my feeling, believing that if I would 
 improve it, that, upon the first opportunity, this middleman 
 would pounce upon me, and charge an extra rent; I neither 
 did the one nor the other, but kept it for my ducks and 
 geese, and kept it in that way till I bought the tenant- 
 right ; and I now hold under the head landlord that same 
 field, and I have drained it and dug it, at an expense 
 of from £8 to £9 per acre, and had a splendid crop of tur¬ 
 nips off it last year; and had I been holding it now under 
 the middleman, I would neither have dug it nor chained it, 
 nor had such a crop of turnips. 
 
 55. Had the middleman a lease?—No; he was tenant-at- 
 will, as I am now; the difference is, I hold under a man I 
 
VALUE Ui' THE TENANT-EIGHT 
 
 have every eonlidence in, and I could sell my tenant-right 
 to-morrow. 
 
 Rev. B. Macauley, P. P. Downpatrick. 
 
 27. What, in Leealc, where you now reside, is the rate 
 at which the tenant-right generally sells ?—Ten pounds an 
 acre. It would sell for more in many instances, if they got 
 leave to sell to the highest bidder. But generally the land¬ 
 lord does not allow them to sell it for more. 
 
 28. What is your opinion of the effect of the tenant- 
 right ; is it advantageous or otherwise ?—I think it advan¬ 
 tageous generally; because, if the tenant has no right at all, 
 he will suffer the houses to go to decay, and he will not im¬ 
 prove the fences or the land. 
 
 29. Supposing an arrangement were made by which the 
 tenant having made improvements, was entitled to be fairly 
 remunerated for those improvements by the landlord, do 
 you think the tenant-right could be dispensed with ?—I 
 have turned that subject often in rnv mind, and I think it 
 would be the best thing that could be done for Ireland to 
 give the tenant a remuneration for his valuable improve¬ 
 ments ; it would do more for Ireland than all the laws that 
 have been made for twenty years. 
 
 30. Have you seen Mr. Sharman Crawford’s bill?— 
 I have read it with great attention. It is very difficult to 
 legislate upon it, and it would not be easy to reduce to 
 practice; but I think it could be done, and it would be 
 valuable. 
 
 31. Will you state your opinion of the manner in which 
 it can be reduced to practice ?—I think the best way to re¬ 
 duce .it to practice would be, to have in every barony or 
 district of country, sworn appraisers, men of character and 
 information, who would be able and willing to do justice; 
 and when a tenant was going to make any improvement 
 upon his land, let this man be apprised of it, as well as the 
 landlord, and let him examine the state the farm is in then, 
 and afterwards examine the improvements; they would 
 know how to value the improvements upon it, and how 
 much the place was the better; that would let the landlord 
 know how far the place was improved. 
 
 32. Would you allow an appeal from the decision of the 
 
TO TENANT AND LANDLORD. 
 
 XX XIX 
 
 appraisers, to tlie assistant barrister, for instance ?—I would 
 allow some appeal, of course; it would be very right there page 573. ’ 
 should be an appeal; I can mention one or two cases that 
 will confirm what I say:—In the county of Antrim there 
 are two districts where the occupiers of the land have 
 mostly leases in perpetuity, and if you go over those two 
 districts of country, you will see an immense difference be¬ 
 tween them and the other parts of the county of Antrim; 
 the farm-houses are respectable; there is planting about 
 them, and fine fences and offices. 
 
 Very Ret. Dean Stannus, Agent to Lord Hertford , and 
 William Gregg, Esq. 
 
 56. What is your opinion with respect to the effect of the very Rev. 
 tenant-right upon the tenantry of the estate ?— [Dean Stan- w. 
 was.]—I should be very sorry to see it interfered with much; ^nd E com’ 
 I should wish to see it upheld upon the estate of Lord Hert- Report, 
 ford, as it always has been; and it is that which has kept up pp ' 495 ’ 496 ‘ 
 the properties in the north over the properties in other parts 
 
 of Ireland; it is a security for the rent in the first instance, 
 and reconciles the tenant to much of what are called griev¬ 
 ances in other parts of the country. 
 
 57. In your opinion, is it in many instances earned to 
 excess?—Yes, I think it is certainly carried to an excess 
 upon lands where there has not been any improvement, and 
 for which they have often to pay an exorbitant price; in 
 other cases, if you go into a minute calculation of what they 
 have expended, they are not more than paid for their ex¬ 
 penditure. 
 
 58. Have many instances come within your knowledge of 
 the tenant-right being sold for a considerable sum per acre, 
 in the cases of farms upon which no improvements had been 
 made?—Yes, many instances of farms unimproved, or in bad 
 condition, selling at a very high rate. 
 
 59. What should you say is the general amount given for 
 the purchase of the tenant-right upon first class land?— 
 
 About ten years’ rent. 
 
 60. Is it pretty much the same with reference to inferior 
 land?—I think the better lands produce the highest tenant- 
 right. [Mr. Gregg.] —Small farms produce the highest 
 tenant-right. 
 
 I 
 
xl 
 
 VALUE OE THE TENANT-BIGHT 
 
 Mb. Joshua Lamb— Same Estate. 
 
 32. Does tlie fining sj 7 stem appear to you to have ope- 
 Lamb° shua ratec ^ on ^ le sa ^ c tenant-right? Has it diminished its 
 
 Land com. value?—Yes; improvements of all sorts have heretofore 
 page® been made at the expense of the tenant alone: however, 
 within the last year, some encouragement has been given to 
 induce tenants to improve their land by thorough draining. 
 An advance of about £2 10s. per acre has been offered by 
 the landlord for this purpose, on the condition of five per 
 cent, on the money advanced being added to the rent. The 
 tenant-right has, for a long period back, been recognised by 
 the landlord of this estate, and permission to sell it is as con¬ 
 fidently calculated on as if the land were in lease. The 
 purchase-money is of course always paid to the occupier 
 from whom the land is transferred, except in cases when the 
 tenant is in arrears, and then the arrears must first be paid 
 off, after which the balance goes to the seller. The effect 
 of this arrangement, when duly observed, is to prevent all 
 disputes, quarrels, burnings, and destruction of property, so 
 common iu those parts of Ireland where this practice does 
 not prevail. Indeed, so fully are farmers aware of this, 
 that very few, except the most reckless, would venture on 
 taking a farm without obtaining the out-going tenant’s good¬ 
 will. Such a proceeding as talcing land “ over a man’s 
 head,” as it is termed, is regarded here as not merely dis¬ 
 honorable, but as little better than robbery, and as such, 
 held in the greatest detestation. And the justice of this 
 arrangement is obvious,.because all the buildings, planting, 
 and other improvements, being entirely at the tenant’s ex¬ 
 pense, he has a certain amount of capital sunk in the pro¬ 
 perty, and for which, if he parts with the place, he expects 
 to be repaid by the sale of the tenant-right. 
 
 33. Would a tenant who had made no improvements 
 whatever expect to sell his tenant-right \—Every one; it 
 applies to every one, but there is no such case in the coun¬ 
 try that I know of. 
 
 Mb. T. M'Cullough, Bangor, Go. Down. 
 
 Mr.T. M‘- 46. Is the tenant-right prevalent in the district, and to 
 
 C p U -“f. t ‘ , ‘ whom is the purchase-money paid2—Yes; formerly it was 
 
TO TENANT AND LANDLORD. 
 
 xli 
 
 our mode of getting tlie rent when it ran behind; they 
 were allowed to sell; hut it was found to be so inconvenient, p.576.’ 
 and the parties coming forward and purchasing, gave more 
 than what the landlord wished, or what was considered right, 
 and it impoverished the tenant coming in, so that now, in 
 general, the landlords take the property into their own 
 hands, allowing the out-going tenant what is considered a 
 fair remuneration. 
 
 47. In practice, how is it ascertained what is to be paid 
 to the tenant?—It is fixed by the landlord. 
 
 48. Does that system appear to give satisfaction generally 
 to the farmers ?—Yes. 
 
 49. Are we to understand that where a tenant is anxious 
 to dispose of his farm, having made no improvements, the 
 landlord pays him nothing ?—He allows him the tenant- 
 right. 
 
 50. What amount is settled in a case of that kind ?— 
 
 From £6 to £10 an acre; though there are no improve¬ 
 ments, it makes very little difference; the improvements 
 have never been hardly taken into consideration. 
 
 51. In the case of a tenancy-at-will, is the tenant-right 
 paid 2—If they have a lease, the landlord has no control 
 over them; it is sold for whatever it will bring. If the 
 landlord consents to it, they speak of the tenant-right where 
 there is no lease at all, because a lease gives them quite a 
 different right. 
 
 Mr. James White, Banagher , Go . Down . 
 
 21. Is the tenant-right prevalent in the district, and is it Mr. James 
 recognised ?—It has always been considered recognised in LandCom. 
 the neighbourhood; it has become quite the usage now. £ e 5 p 8 0 ^ ’ 
 
 22. Is it increasing in value or diminishing?—It is di¬ 
 minishing, in consequence of those who would wish to pur¬ 
 chase, and secure a permanent residence, not having the 
 means they formerly had; they find they cannot raise the 
 money off the land, unless they have got it in some other 
 way—by a little legacy or raising it in trade. 
 
 27. What is the value, comparing it with a year’s rent, 
 or by the acre ?—At that rate the tenant-right would be 
 equal to five years’ rent. 
 
xlii 
 
 fALUE 01' THE TENANT-RIGHT 
 
 Mr. Andrew Mr. Andrew O’Flinn, Castlewellan, Go. Down. 
 
 Land Com. . 
 
 Report. 13, D 0 e S that arise from the tenant-right existing with 
 p " ’ the lease?—No, chiefly from the security of the lease. 
 
 14. Does the tenant-right exist in the country ?—Par¬ 
 tially it does. 
 
 15. Does it exist as to holdings at will as well as hy 
 lease?—Yes, under some landlords it does. 
 
 16. What is the more general; is it more generally ac¬ 
 knowledged or not?—It is more generally acknowledged. 
 
 17. With tenants-at-will? — Yes; the tenant-right is 
 more generally acknowledged than refused with tenants-at- 
 will. 
 
 18. What is the general amount paid for tenant-right 
 when the lands are held at will?—It is very common, 
 under the Marquis of Downshire, for the tenant-right at 
 will to sell at £20 an acre; the tenant’s rent being from 
 25s. to 30s. an acre. 1 gave £75 for three acres. 
 
 19. What rent do you pay ?—Twenty-live shillings. 
 
 20. Any buildings upon it ?—No; merely land to be 
 farmed. 
 
 21. Was it held at will?—Yes. 
 
 22. Was the land cheap at 25s.?—It is good land. It 
 was about four years ago. 
 
 23. What would the tenant-right of that sell for now, 
 if you wished to part with it?—For £20 an acre. Oppo¬ 
 site that, upon Lord Roden’s estate, a man on my mcaring 
 on Lord Downshire’s estate, at just the same rent, could not 
 realise any purchaser for a tenancy-at-will, because Lord 
 Roden does not allow it. 
 
 Messrs. Henry and Thomas Murray, Valuators, §c. 
 on Lord Downshire s Estates. 
 
 Messrs. 23. Is there any thing given to assist them ?—Yes, in 
 
 Thomas'” 1 some instances, but not generally. 
 
 LamFcom ^4 Is the tenant-right, or sale of good-will, prevalent in 
 Report, ‘ the district?—Quite so. 
 
 pp.m sgt. 24. Is it recognised by the landlord?—Yes, the landlord 
 has allowed it and permitted it. 
 
 26. What should you say was the value of it, compared 
 
TO TENANT ANT) LANDLORD. 
 
 with the year’s rent, or by the acre, as to a farm held at 
 will ?—In some instances I have known the tenant sell for Thor 
 a sum, the interest of which was equal to what Lord 
 Downshiro gets. R 
 
 27. Is that an extraordinary case, or docs that form an 
 average?—It ranges from £10 an Irish acre, to £30, 
 according to circumstances. I have known some much 
 above that, I have known some in the neighbourhood sell 
 at £40. 
 
 28. What is your opinion of the practice of selling the 
 tenant-right; is it advantageous or otherwise, in your 
 opinion?—It is not advantageous; I think in many instan¬ 
 ces it cripples the means of the in-coming tenant, and takes 
 out of his hands the capital that would enable him to work 
 the ground. 
 
 29. Does it appear to you to operate upon rent in caus¬ 
 ing an outcry against the landlords for a reduction of rent? 
 
 —In many instances it does; when a man comes into pos¬ 
 session crippled, and his capital taken out of his hands, it 
 disables him from working the land. 
 
 30. Are you aware whether it frequently happens that 
 the in-coming tenant has to borrow money to purchase the 
 tenant-right?—Yes. 
 
 31. Having rent and interest to pay, which is it his 
 inclination to pay first?—They arc generally well inclined 
 to pay the rent; I believe they would give us the prefer¬ 
 ence as to paying the rent. 
 
 32. Do you think the tenant-right could be done away 
 with, with safety to the property of this country?—It 
 would be very difficult. 
 
 33. Supposing any arrangement made, by which the 
 tenant, under certain circumstances, was entitled to remu¬ 
 neration for improvements, do you think in that case the 
 tenant-right could be done away with ?—I should think it 
 might answer, perhaps. 
 
 34. Do you find that the tenant-right has much reference 
 to the improved state of the farms sold?—No, it has not. 
 
 35. It is merely the purchase of the possession ?—Yes; 
 in some instances the tenant-right sells very high where 
 the land is not improved. [Mr. Thomas Murray .]—We 
 look to the value of the ground. 
 
VALUE OF THE TENANT-RIGHT 
 
 xliv 
 
 Henry'ami 36. Can you state, from, your knowledge, whether there 
 
 Thomas is much difference in the rent on estates where the tenant- 
 pposgM9i. right is recognised, compared to where it is not; are the 
 rents higher on the one than on the other?—No; I do not 
 think they are. It all depends upon the confidence they 
 have in the landlord; I could never- find there was any 
 scale. 
 
 37. Does not the system of allowing the in-coming 
 tenant to purchase the interest of the out-going tenant, 
 prevent a large arrear accruing upon the estate; is it not 
 so far beneficial to the landlord ?— [_Mr. Henry Murray .]— 
 Yes; if there is an arrear, it is generally paid up. 
 
 T. Davison, Esq. Land Agent , Glenarm, Go. Antrim. 
 
 46. Is the tenant-right or sale of good-will, prevalent in 
 Esq. ’ the district, and to whom is the purchase-money paid—to 
 La ReporT' ^ ie tenant?—Yes, it is. The only restriction put upon 
 pp . 595,596. this is, that we shall approve of the in-coming tenant, and 
 that the whole, and not a portion only, of the farm shall be 
 transferred. This transfer of tenant-right is prevalent in 
 the district, the purchase-money always going to the seller, 
 and paid by the in-coming tenant. Much may, perhaps, 
 be said both for and against this practice. While, on the 
 one hand, it may be found to operate in favour of improve¬ 
 ment, by the encouragement thus held out for the expen¬ 
 diture of capital on the part of the occupier, and the pros¬ 
 pect of a re ton, should he at an after day wish to dispose 
 of his farm; on the other hand, the new in-coming tenant 
 too' frequently comes into possession impoverished and 
 weakened by the payment of a fine, a great part of which 
 he has had perhaps to borrow, and without the necessary 
 capital or means to carry on his work, or to keep his farm 
 in a proper state, so as to yield him the best return. I 
 have found those disadvantages. £10 per Irish acre is not 
 an unusual rate of purchase for the tenant-right of a small 
 farm held at will, and let at fair value, upon which there 
 are tolerable cabin houses. I know of three instances of 
 transfers. I know of a farm held under Mr. M'Donnell, con¬ 
 taining 71 Irish acres, paying a rent of £8 14s. 5d. which I 
 
TO TENANT AND LANDLORD. 
 
 xlv 
 
 consider the value of the land, lately sold for £70. On this t. Davison, 
 small holding there was a snug small farm-house and offices, w>. 595,596. 
 and the holding in a good state. Another farm, also held 
 under Mr. M'Donnell, containing 104 statute acres, with 
 thirty-one acres of heathy pasture or mountain, subject to 
 a rent of £114, sold for £450; this farm had been princi¬ 
 pally occupied as a stock farm, but is now under tillage; 
 there were no houses upon the farm, beyond a few cabins; 
 two years of the lease were unexpired at the time; the 
 lease is now out, and the holding is valued at £140, from 
 November, 1843. It was then £114, and the man for two 
 years paid £450. Taking the difference of the value he 
 would have paid for the two years, and deducting that, the 
 rest would go for the tenant-right. 
 
 47. Is a tenant-at-will allowed to dispose of his tenant- 
 right ?—Yes; in every case we have allowed him to dis¬ 
 pose of Iris interest, provided we approved of the in-coming 
 tenant, and he is recommended to us as a solvent tenant. 
 
 They have been endeavouring to restrict the amount of 
 money paid for the tenant-right, but it is very difficult to 
 do it; because when too large a sum is paid by the in-com¬ 
 ing tenant, such is the desire to get land, that it weakens 
 the tenant, and he is inclined to pay more than I consider 
 the value. 
 
 48. Do you find the amount paid for tenant-right 
 depends much upon the improvements ?—It has great influ¬ 
 ence, no doubt. Where the houses are in a good state, and 
 the farm has been well fenced, they get more; but where 
 a farm has got out of repair, the sum given is very little; 
 sometimes it amounts to almost nothing. 
 
 49. If an arrangement were made, by which the tenant 
 would be secured payment for proper improvements, do 
 you think the tenant-right might be done away with?—I 
 do not know; there is a great demand for land, and there 
 is a great desire to get under the great proprietors; and 
 sometimes they will pay sums that astonish me, for the 
 tenant-right of a person; and though apparently there is 
 little done upon the farm, still it has great influence upon 
 the value where there are good fences and houses in a rea¬ 
 sonable state of improvement. 
 
xlvi 
 
 VALUE OF THE TENANT-RIGHT 
 
 c. j. Knox, c. J. Knox, Esq. Agent , Clothivoriers’ Company , near 
 Lank Cora. Coleraine. 
 
 Report, 
 
 p ' ' 32. Is tlic tenant-right prevalent in the district, and is it 
 
 recognised by the landlord?—It is prevalent in the district, 
 and it is recognised by my employers. In the present state 
 of the tenantry of this country, it is not only judicious to 
 allow the sale of tenant-right, but I think it ivould he 
 cruelly unjust to prevent it,—unjust, because the tenantry 
 and their forefathers have been permitted to make all the 
 permanent improvements at their own expense,—and inju¬ 
 dicious, because with the poorer class it is the best security 
 against the dilapidation of the premises, the price of the 
 tenant-right alwaj^s being in proportion to the condition of 
 the farm. On the Company's estate it usually sells for 
 three years’ purchase; but I have heard of one farm on the 
 Ironmongers’ estate, being sold for upwards of ten years’ 
 of the rent charged by them. 
 
 33. Was chat sale since they have got possession of the 
 estate ?—Yes, the sale is not completed. 
 
 James Sinclair, Esq. J.P. Strabane, Co. Tyrone. 
 
 16. Is the tenant-right, or sale of good-will, prevalent, 
 and to whom is the money paid ?—In this district as long 
 as I remember, and for a great time, as far back as the plan¬ 
 tation of Ulster, the tenant-right has been respected, and 
 has been valuable only to the tenant. 
 
 17. Is there any trace how it originated in this country? 
 —Tlie notion is, that it originated in the manner in which 
 the settlement of Ulster was made. The settlement hero 
 was quite a feudal settlement. The tenants in capite got a 
 certain portion of land, on condition that they were to sub¬ 
 let to under tenants a portion, for three lives and twenty- 
 one years, upon strictly feudal terms, to be ready with arms 
 to defend the place; and it appears to me that we can trace, 
 from all that I see about the matter, the present indefeasible 
 tenant-right up to that; for those who were settled by the 
 original patentees, were in some sort fosterers or kindred, 
 and were then engaged in the defence of the country, and 
 became rather a kind of friendly tenant, than a tenant for 
 
XO TENANT AND LANDLORD. 
 
 xlvii 
 
 money; and I think from that time to this, the tenant-right ^ a ” e5 E f^ n ' 
 has been continued, and in no way altered by law, hut by p.’ 
 custom. 
 
 18. Do you think it arose from those persons so brought 
 in, having, in the first instance, built those dwellings and 
 houses themselves ?—Yes, I think so; and being connected 
 with the original patentees in a closer way than the mere 
 connexion of a tenant with a landlord. 
 
 19. You spoke of tenants improving very greatly, in the 
 confidence that they shall not lose; do you think that the 
 existence of the tenant-right gives them that confidence, 
 and that they look to be remunerated by the sale of it?— 
 
 I am sure of it. 
 
 20. Is that confidence entertained by the party immedi¬ 
 ately below the tenant?—If you go down to the cottier, I 
 say no. I think the cottier is badly treated here. But the 
 immediate tenant has a perfect confidence, and it is_a justi¬ 
 fiable one, in the landlord, uniformly. 
 
 21. What, in your opinion, is the effect of the tenant- 
 right upon the country?—It has some advantages, and cer¬ 
 tainly some disadvantages. One disadvantage is quite 
 plain, that the tenant-right is frequently sold for a sum of 
 money which is borrowed, and which hangs as a heavy 
 weight upon the in-coming tenant, sometimes to his ruin. 
 
 But that being out of the way, I think the thing is a very 
 valuable and useful custom. 
 
 22. Can you give any statement of what you consider the 
 price or value of it, compared to the year’s rent or the acre ? 
 
 I do not believe there would be any general rule; but 
 within this fortnight, a man in a mountain district that 
 belongs to myself, came for some timber to build a house. 
 
 I had never seen him, nor heard of him before; but on 
 inquiring who he was, I learnt he had given £80 for a farm 
 without a lease, that paid £3 a year. 
 
 23. In general, is the sale made without reference to the 
 landlord in that way ?—I think not, generally, now; but 
 until very lately it was. The landlord was seldom con¬ 
 sulted. 
 
 24. Has there been any attempt on the part of the land¬ 
 lords to regulate it? —Yes, some landlords have attempted it 
 —not very successfully; and others are doing it with 
 
VALUE OF THE TENANT-RIGHT 
 
 xlviii 
 
 ciaJrfEsq!" a °f success > though it is in progress now to lie 
 
 p/743.' by custom regulated advantageously for all parties. 
 
 25. Do you conceive that the alteration which is grow¬ 
 ing up will still give the tenant some compensation for his 
 outlay upon improvements?—I am quite certain that there 
 is no landlord in the country who would have an idea of 
 ejecting a tenant without seeing he would have compensa¬ 
 tion, either from himself or the in-coming tenant. I am 
 sure there would not be an instance of that. I have 
 received a letter which will explain the extent to which the 
 tenant-right has been carried. A man of the name of 
 Cullin purchased from a tenant of Mr. Batt, Iris interest in 
 a lease dependent on the life of King William IV., shortly 
 before his death, aware that Mr. Batt had determined not 
 to renew it. The lease came to an end, and Cullin was 
 evicted by legal process. 
 
 [The witness delivered in the following papers.\ 
 
 Belfast, February 29 th, 1844. 
 
 Dear Sir, —My father has this day lodged a credit in 
 your favour for £100 in the Derry branch of the Belfast 
 Bank, on which he requests you will draw as you have 
 need. He thinks £100 is a large sum to pay Cullin, as the 
 death of King William changed altogether the value of the 
 tenant-right; but if you find that less than that will not, or 
 think it will not, settle the matter, you had better give it to 
 him. Perhaps, however, £50 might do. 
 
 Truly yours, 
 
 Thomas Batt, jun. 
 
 Gurvar, March 26,1844. 
 
 Dear Sir, —I write you these few lines to let you see 
 tins letter that I enclose, that Mr. Batt sent Mr. Rea, and 
 Mr. Rea sent it to me with the bailiff, and I copied it off 
 until you would see it. I would like to have your advice, 
 to say whether I would take the money or not; it is not 
 past a third of what we shordd get. 
 
 I am yours truly, 
 
 Philip Cullin. 
 
 To Jama Sinclair, Esq. Haley Hill, by Strabane. 
 
TO TENANT AND LANDLORD. 
 
 xlix 
 
 26. You spoke of some regulations wliicli landlords were 
 attempting to introduce as to tlie tenant-right; what is the p-743- 
 nature of them ?—I have heard that some of the gentlemen 
 about here have been laying their heads together, to fix how 
 many years’ purchase they would allow to be given as the 
 maximum, so as to prevent the incoming tenant being 
 stripped of all his capital. 
 
 27. How far do you think that the value of the tenant- 
 right is affected by the tenure, whether it is upon lease or 
 at will ?—I think not the least. 
 
 28. How far is the sum paid affected by the improve¬ 
 ments the out-going tenant has made \—It sells for a larger 
 sum in proportion to the improvements. 
 
 Mr. Francis O’Neill, Stralane, Go. Tyrone. 
 
 42. Is the tenant-right prevalent in the district, and to “ r ]jdu“ ci * 
 Avhom is the purchase-money paid?—It is prevalent in the La “^“ ra - 
 district; the tenant applies to the landlord, and it is optional P . 704.’ 
 with the landlord to give him leave; and when he sells, the 
 money goes to the tenant. 
 
 43. Do landlords ever refuse leave to sell?—I have 
 heard that they do. 
 
 44. Upon what grounds ?—I have heard in some cases 
 that they have refused leave to sell to one particular per¬ 
 son, but would let them sell to a person who had a farm 
 adjoining. I know the case of a farm being sold which 
 was not sanctioned, and it was given at a less fine to 
 a neighbouring tenant to enlarge his farm. 
 
 45. Do the landlords make objections on any other 
 ground than that of the character or the sufficiency of the 
 person ?—I do not know. 
 
 46. Not on religious or political grounds ?—No; I am 
 not aware of any thing of the kind. 
 
 47. What, in your opinion, is the effect of the tenant- 
 right?—I think the tenant-right has a very good effect 
 both for the landlord and tenant, for when the tenant has a 
 right in his land it makes him more punctual in his pay¬ 
 ment ; when he has the interest of four, five, or six yearn’ 
 purchase, the landlord need not lose; he may insist upon 
 being paid; it secures the tenant, and encourages him to 
 
VALUE OF THE TENANT RIGHT 
 
 o’Nem ancis ma ^ c i m P rovement3 - Upon a great deal of this estate 
 p.7G4. there are no leases at all; and I have known tenants 
 to make improvements in the confidence, that if they made 
 improvements they should have the leave to sell. 
 
 48. What is the value of the tenant-right either by the 
 year’s rent or by the acre ?—Generally from seven to ten 
 years’ purchase is given; some having no lease are limited 
 to five years’ by the landlord. There has been a regula¬ 
 tion made in this neighbourhood, that those who have 
 no leases should not get more than five years’ purchase; 
 those who have leases get from seven to ten; I have known 
 ■ twelve years given where the land was well situated, and 
 the houses in good order. If he paid £7 a year rent, 
 he would get £70 or £100 going out; it would depend 
 upon the condition that the farm and the house were in. 
 
 Thomas Speoule, Esq. County Tyrone. 
 
 Thomas 
 
 ‘Report™’ 
 
 31. Is the tenant-right, or sale of good-w 
 the district ?—Oh, yes. 
 
 32. Is it recognised by the landlords 
 It is. 
 
 prevalent in 
 general ?— 
 
 33. What is your opinion of the effect of that system ?— 
 I tliink it has been earned too far in this country. I think 
 the tenants have weakened their means by giving too much 
 for their farms. In a great many instances, persons have 
 given so high a price for farms, that the tenant after¬ 
 wards has not been able to occupy it for want of capital. 
 
 34. What should you say was the selling price of the 
 tenant-right by the acre or the year’s rent?—From three 
 years’ rent up to five or six; but it varies very much. I 
 tliink three years’ rent may be taken as a fair thing in this 
 country. The tenants arc very well satisfied when they are 
 allowed as much as that. 
 
 35. Is the value of the tenant-right increasing or decreas¬ 
 ing?—I should say it is not increasing. 
 
 36. How far do you consider it affected by the tenure; 
 docs land on lease sell considerably higher than land held 
 at will ?—Land under lease sells higher, but there is not a 
 very material difference. I know at present a farm let for 
 £10 or £12, for which a tenant would give £70, and I 
 
TO TENANT AND LANDLOKD 
 
 do not think if there was a lease they would get much sproute.Es 
 
 37. Did the tenant in that case put any building upon it 
 himself?—No; I cannot say that lie has made any very 
 desirable improvements. There are some houses built, but 
 not very well. 
 
 38. Do improvements, such as houses, and thorough- 
 draining land, make any great difference in the sale of the 
 tenant-right ?—Yes, decidedly. 
 
 39. Sufficient to remunerate the party?—Yes; the 
 tenants consider so. They think they are bound to give a 
 much larger sum for the farms upon which they need not 
 make any improvements for some years. 
 
 Mr. Alexander Pringle, Killymnl, Co. Tyrone. 
 
 30. What docs the tenant-right sell for in this country ? 
 
 —Generali}'- it sells high. From the encouragement of the Land com. 
 lime it sells higher than in many other parts. P.'S’ 
 
 31. What does it sell for?—The population has got so 
 great that perhaps a man would rather give a little more 
 than it was worth than send his son to America. I have 
 known it sell for £10 an acre. 
 
 32. What does that land let for by the acre ?—Perhaps 
 it was let at 25s., or perhaps more, if it was good land; but 
 I do think that the difference is not made between the 
 good and bad land in this country as in many other 
 countries. Bad land will set at 5s. or 10s. an acre lower 
 than good, whereas the crop on one acre will be one- 
 half better. 
 
 33. Does land sell much better on account of it having 
 been improved, or will the rough land near it sell nearly at 
 the same price ?—If a farm has been reclaimed, and is in a 
 low state of cultivation, and if it is reduced, a farm that is 
 not reduced will sell better though it may be a little rough; 
 but a good deal depends upon the houses. 
 
 34. Does it make much difference whether a man has a 
 lease or not?—Certainly. It is very pleasant to have a 
 lease. But I have known of cases of land selling as high 
 
lii 
 
 VALUE OF THE TENANT-RIGHT 
 
 Pringle 6 ^' on estate if they had 11Q t a l ca se. But 1 would cer- 
 p- 8«. tainly prefer a lease; I say in some instances if the rent 
 was not too high. 
 
 35. Has there been much increase in the size of the 
 farms on the estate, or in the district?—They are doing 
 away a good deal with the middlemen, who were encourag¬ 
 ing cottiers here. 
 
 Captain Ii. Crossle, Bcdlygawley, Go. Tyrone. 
 
 Crossie. H ’ 17 . Arc permanent improvements effected by the land- 
 La ReporT' lord or tenant, or jointly, and in what proportion ?—The 
 p.sail permanent improvements are effected by the tenants. The 
 landlord occasionally assists by civing lime, timber, and 
 slates, or some one of them. tie improvements chiefly 
 consist in building, manuring with lime, and drainage to a 
 limited extent. I think the tenant- will take more care of 
 his improvements, if made by himself, than if made by his 
 landlord. 
 
 18. Is the tenant-right, or sale of good-will, prevalent in 
 the district; and is it recognised by the landlord?—The 
 sale of the tenant-right is prevalent in the neighbourhood, 
 and the purchase-money is always paid to the out-going 
 tenant. It is generally recognised by the landlord, and 
 has a beneficial effect on the interests of both landlord and 
 the out-going tenant. It sells usually from five years’ pur¬ 
 chase upwards. It is decreasing rather than otherwise. 
 Lands at will sell as high, or very nearly as high, as lands 
 in lease, unless the rent under the lease be very low. 
 
 H. L. Prentice, Esq., Agent to Lord Caledon, Comity 
 
 h.l. pren- 82 . Does the tenant-right prevail in the district, and 
 iami com. is it recognised by the landlords ?—It does prevail, and is 
 PiMno-84j Tccognised. 
 
 83. What is your opinion of the effect of that custom?— 
 It has its advantages and disadvantages; but it has now be¬ 
 come so generally the custom, that it would be very diffi¬ 
 cult to abolish it. I think it very just to pay a man 
 
TO TENANT AND LANDLOBD. 
 
 liii 
 
 for his improvements, and to give him something for his 
 tenant-right. pp- 8io, 
 
 84. What is the effect of the payment being made by 
 the in-coming tenant?—Generally speaking, very bad; so 
 much so, that I have opposed it on Lord Caledon’s estate. 
 
 The incoming tenant has frequently to borrow, or resort to 
 extraordinary means, to raise the purchase-money, and 
 comes in a worse tenant than the one going out. The ob¬ 
 ject often is to get possession without duly considering the 
 circumstances of the farm. 
 
 85. Do you think that the existence of the tenant-right 
 affords facilities for removing one tenant and putting in 
 another?—I am sme it does. 
 
 86. By whom, on Lord Caledon’s estate, is the purchase 
 of the tenant-right paid?—Latterly by Lord Caledon in the 
 first instance. 
 
 87. What is the course taken?—I settle with the tenant, 
 and take the farm on his lordship’s account, and select 
 a tenant for it afterwards from a list of applicants kept in 
 my office, or consolidate it with another farm, as the case 
 may be. 
 
 88. What is the usual rate which, the tenant-right sells 
 for in the district?—I should say from £7 to £15 the 
 English acre; but much depends on the character of the 
 landlord. 
 
 89. How do you ascertain the amount to be paid?—I 
 ascertain it according to the circumstances of the farm, and 
 the improvements at the time I make the purchase. 
 
 90. Do you fix the sum which the in-coming tenant is to 
 
 n ?—In all cases where the farm is sufficiently large, and 
 m satisfied of the applicant’s means to purchase and 
 stock it afterwards, I select the tenant from the list alluded 
 to, charging the same purchase paid by Lord Caledon. In 
 case the tenant should not be able to pay the purchase, and 
 I wish to select a man from a thickly populated part of the 
 estate, I add the interest on the purchase-money to the for¬ 
 mer rent; by this latter course, I hope in time to do away 
 with the selling of tenant-right of the farms thus re-pur¬ 
 chased by the landlord. I consolidate small farms with the 
 adjoining ones, and add the interest on the purchase-money 
 
liv 
 
 VALUE OF THE TENANT-EIGHT 
 
 «ce L Es ren " to ^ le lent ^ 1C P art y w ^ 10 gets the accommodation and 
 pp. c, 84o'' 1 34i. increase. 
 
 91. In the case of a tenant-at-will who has made no im¬ 
 provement, Avliat course do you adopt?—They expect the 
 same purchase-money, hut I endeavour to keep it as low as 
 I can. They ask as much as if they had made permanent 
 improvements, and that forms the great difficulty in dealing 
 with the tenant-light. 
 
 92. Suppose a right to recover compensation were given 
 hy law, could the tenant-right then he done away with, in 
 your opinion ?—I think not. 
 
 93. Why not ?—There is a strong prejudice in this 
 country about it. The in-coming tenant would not accept 
 the farm unless he was satisfied that the out-going man 
 wished him well. They would go, unknown to me or to 
 any agent, and give an additional sum to get what is called 
 “ the good-will” of it. 
 
 94. Generally speaking, over the country, what is the 
 amount of the sale of the tenant-right per acre by the 
 year’s rent?—It depends very much upon the landlord 
 under whom the farm may he held. If he is a good land¬ 
 lord, and a man of character in the country, the price will 
 be higher; if he is an inferior landlord, the price will be 
 comparatively low. 
 
 95. If a right to compensation for improvements were 
 established, do you think that tenants going out with their 
 own good-will, and getting compensation, would not oppose 
 the in-coming tenant where there was no payment by him; 
 do you think that alteration would take place gradually ? 
 —If it take place at all, it will be very slow. There is a 
 strong feeling about coming into land without the perfect 
 approbation and consent of the out-going tenant, and it is 
 very difficult to satisfy them. I could mention a case which 
 occurred a few weeks since on a small property of my own. 
 I had a very bad tenant, who had made no improvements, 
 and wished to get rid of him. I told him lie could not 
 pay the rent, and I pointed out to him two courses,—that 
 I would either buy the farm myself, or let him sell with 
 my consent. He wanted £40; I promised him £45, and 
 sent a man to him to get possession, which he gave; but 
 
TO TENANT AND LANDLORD. 
 
 lv 
 
 Ills wife and children came and smashed the windows and 
 doors before quitting the premises. pp.mo, mi. 
 
 96. Has there been any consolidation of farms in the 
 district?—Yes, to a very great extent. 
 
 97. By what means has that been accomplished ?—By 
 purchasing, on the part of Lord Caledon. 
 
 98. If the landlord require for himself the land of a 
 tenant holding at will, is it usual for him to compensate the 
 holder for it?—Yes. 
 
 99. At the same rate at which a tenant would purchase 
 it in the country?—Yes; and often much higher. I pur¬ 
 chased about 150 acres last year from tenants to enlarge 
 Lord Caledon’s demesne, and paid them £12 per acre lor 
 land at will. 
 
TENANT EIGHT. 
 
 CLASS No II. 
 
 ATTEMPTS TO PUT IT DOWN. 
 
 Mr. J. M'Lornan, County Antrim. 
 
 Question 19. In case you do not agree to the rent 
 which the agent has fixed, are you allowed any compen¬ 
 sation on going away ? No; you must either take it or: 
 leave it. 
 
 20. Are you allowed to sell the good-will of the land ? 
 Yes; some of them are. 
 
 21. It is not a universal permission to sell P—No; you 
 must please the agent with the tenant if you get a sale. 
 
 22. If you please him with a tenant, is there any objec¬ 
 tion to your selling the tenant-right ?—Yes ; there is 
 sometimes an objection. 
 
 23. On what ground is the objection raised ?—Generally 
 it depends on the favour of the agent whether they get 
 leave to sell it at all or not. 
 
 24. Have you known any instances in which the agent 
 prohibited the sale of the tenant-right ?—Yes ; plenty of 
 them. 
 
 25. Do you mean he prevented the sale to a particular 
 party, or that he prevented the tenant selling at all ?— 
 To a particular party; he must be satisfied with the tenant, 
 or does not let the tenant sell it to that person. 
 
 26. What is the consequence in that case to the tenant? 
 He sends him back home to his place, and will not let him 
 sell it. Suppose I had a farm, and want to sell it to a 
 
TENANT EIGHT. 
 
 i'ln M ‘ Lor ' man ? I ask leave to sell it; the agent will not accept him, 
 continued, and I go home and get another; he will not take him, 
 p " 4 ' and I must go and get another, and if lie is not pleased, 
 I must leave it. 
 
 Messes. Lowry & Obr, Killinchy fy Gram, Co. Down. 
 
 f e S'on ' 40’ "With reference to the tenant-right, is that prevalent 
 
 13 cam. in the district, and to whom is the purchase-money paid ? 
 pS 4 ' Landlords do not now admit any tenant-right in my neigh¬ 
 bourhood. They are generally refusing to acknowledge 
 it, or restricting the tenant very much in the disposal of 
 it. Mr. Cleland does recognize it; Mr. Sharman Crawford 
 is also an exception. 
 
 41. Is there any great extent of estate in that neigh¬ 
 bourhood upon which the tenant-right is not allowed now ? 
 I should say there are, generally. The tenant-right is 
 not admitted in the district of -which I speak. 
 
 42. Does that create much dissatisfaction among the 
 tenants ?—Very great dissatisfaction, indeed. The tenants 
 have ceased to improve as they would have done, and they 
 have not the means of raising money upon leases as they 
 formerly could have done. That is one reason of their 
 applying to the usurers. 
 
 43. How long is it since this system has grown up, of 
 not allowing the tenant-right ?—Four or five years. 
 
 44. How far do you concur in those observations ?— 
 [Mr Orr\ —My opinion is, that the landlords wish to 
 continue the rents, and do not wish the tenants to have 
 as much for the tenant-right as they would wish, or were 
 in the habit of having; for instance, I know of one land¬ 
 lord who reduces the tenant-right to a certain sum, which 
 they look upon as curtailing their right. The landlords 
 limit the price, -which before w r as whatever the person 
 could get for it. I know of another -who does not limit 
 the price, but he allows his agent to say how much shall 
 be given by one person to another. He values the land, 
 and lays on the value he thinks fit, and the other gives 
 that particular sum. In our townland, there is nothing 
 said about it; if we pay the rent to the agent, we have 
 no more trouble. 
 
ATTEJIFTS TO PUT IT DOWN. 
 
 lix 
 
 45. What is the general feeling in the country with ^ r |’ 0 L ™'' 
 regard to this alteration of the old custom P—The general co ^ uei -’ 
 feeling is very much opposed to it. It is creating a very F ' 
 considerable excitement, and it operates as a check to 
 improvement. 
 
 46. Do you think it likely to cause a bad feeling between 
 landlord and tenant?—Yes, I think so. It creates dis¬ 
 trust ; but when it is acted upon, the tenant removes from 
 the country, and there is little more said about it. 
 
 47. Where the tenant-right is prohibited, do the land¬ 
 lords raise the rent ?—Yes, they raise the rent. 
 
 Rev. B. Macauley, P.P. Downpatrick. 
 
 22. Is the tenant-right, or sale of good-will, prevalent 
 
 in the district ?—The tenant-right in the county of Antrim rauiey.'Lani 
 will sell for very little, if there is merely the tenant-right. p°57i. Keport 
 It is better in the county of Down. 
 
 23. Is it recognised by the landlords in general ?—In¬ 
 deed, I cannot say that the tenant-right is so much 
 recognised in Antrim. It is more recognised by the 
 londlords in Down. 
 
 24. Is it recognised in the case of tenants-at-will in the 
 county of Down P—The tenant-at-will is not turned out 
 if he pays his rent. 
 
 25. Is he allowed to dispose of his farm ?—Yes, by 
 most of the landlords. By the great majority of them he 
 is allowed to dispose of it, but not to the highest bidder. 
 
 26. They reserve a choice ?—They generally make him 
 dispose of the farm to the man who holds the farm next 
 to it. The object is to enlarge the farms. 
 
 Mb. James White, (Miller) near Bangor, Co. Down. 
 
 23. Has there been any attempt in the district to abolish 
 
 the tenant-right?—There has. com.neport 
 
 24. With what consequences has that been attended ? p ' 580 ' 
 
 The way it was done was—a gentleman in the neighbour¬ 
 hood bought an extensive estate in the parish I speak of. 
 
 The tenant-right was formerly recognised, and when a 
 farm was out of lease, it would sell for <€10 an acre ; in 
 
TENANT EIGHT. 
 
 many cases they were not able to pay the rent; it was 
 sold, and the agent would then get so much of this as 
 would pay up the arrears, and the rest was handed to the 
 tenant going out. Now, that gentleman says he will not 
 acknowledge the tenant-right in future; he will merely 
 pay them for any permanent improvements that they may 
 make, or he thinks they deserve, hut he will not acknow¬ 
 ledge the tenant-right. 
 
 25. How long has that change been in operation ?--It 
 has not come into operation yet. I chanced to he sum¬ 
 moned by this landlord to hear what he had to say, and 
 that was what he stated. 
 
 26. What was the feeling entertained by the tenantry 
 upon that determination ?—They did not at all feel satis¬ 
 fied, for the greater number of those had made improve¬ 
 ments on the land, or they had purchased the tenant-right, 
 and gave 410 an acre. 
 
 Rev. J. Brown, D.D. Presbyterian Minister, 
 Aghadowey, Co. Derry. 
 
 55. With respect to the tenant-right, is that prevalent 
 ' in the district, and to whom is the purchase money paid ? 
 It has hitherto been prevalent; but of late, I must say, 
 with deep regret, that many efforts had been made to 
 deprive the tenant of that right, and some parties have 
 complained that its effects have been very injurious, and 
 that it ought to be abolished. So far as I understand the 
 subject, I am decidedly of opinion, that the landlords are 
 doing themselves serious injury by denying the tenant his 
 right; and I wish to define what I mean by tenant-right: 
 it is the interest the tenant should have in the capital he 
 has expended in money and labour, in building houses 
 and making permanent improvements. In England and 
 Scotland those houses are built by the landlord and at his 
 expense, and the landlord, very fairly, charges the inter¬ 
 est of that money ; but it does appear to be very unjust, 
 that in Ireland, where the tenant makes these improve¬ 
 ments at his own expense, the landlord should mulct him 
 for his own improvements; that is the case where the 
 tenant-right is denied. 
 
ATTEMPTS TO PUT IT DOWN. 
 
 56. When you use the phrase “ mulcted for his own 
 improvements,” to what do you refer ?—To the landlord « 
 fixing a higher rent in consequence of his improvements. 
 
 57. Do you consider, under your definition of tenant- 
 right, the thing can fairly be confined to compensation for 
 improvements ?—It is earned practically much farther, 
 and understood by the people to extend to their property; 
 they think they have a claim upon it. The general im¬ 
 pression in our country is, that every man who holds land 
 or houses has a certain interest in them, the value of 
 which is regulated by the circumstances of the country. 
 Upon that principle it is that they unfortunately wish, and 
 it is the wish of human nature, to have a claim upon the 
 soil, and that is what causes the people to olfer that which 
 is far more than what the land is worth; and in point of 
 fact, it is a very instructive and amusing thing in one 
 view, if not so painful, to see in all countries, when poor 
 men rise to a position of considerable property, how they 
 tax themselves to a large amount to buy land ; and hav¬ 
 ing never calculated the expenses of management, they 
 have been forced to sell it, and that the agent has got 
 large sums for making the sale. 
 
 58. Besides the value you consider the tenant-right 
 possesses upon the ground of improvement by the tenants, 
 does not it bear an additional value as the purchase of the 
 good-will of the farm ?—Yes; and in e^ery instance, as 
 far as I have known it, it has proved beneficial to the 
 landlord to encourage it, because the tenants cannot sink 
 into abject poverty under that system, which they do 
 otherwise; inasmuch as the remainder of the property 
 enables them to emigrate ; and with us the connexion is 
 so close between this country and the United States, that 
 they tax them friends to assist them, and emigrate. 
 
 59. Considering the want of capital generally, does not 
 it frequently happen that the parties wishing to buy the 
 tenant-right are obliged to borrow money ?—Yes; and 
 often to sell again, when they discover the mistake they 
 have made, when it is too late. 
 
 60. Do you think that the circumstance of the tenant- 
 right absorbing capital is injurious ?—I think it is, gene¬ 
 rally speaking, beneficial. The recognition of the tenant- 
 
]xii TENANT EIGHT. 
 
 right prevents the country being overstocked with a class 
 of paupers, and causes every man to feel that he has a 
 stake in the hedge. 
 
 61. If it obliges a man without capital to borrow it, 
 and if it absorbs the capital of small capitalists, how does 
 it contribute to increase wealth ?—I have said that it con¬ 
 tributes to promote the interests of the country, because 
 it allows a man the means of emigrating when he becomes 
 unfortunate, or when a change takes place in his circum¬ 
 stances. As to the increase of wealth, of course wealth 
 cannot be increased by it. 
 
 52. Do you see any objection to a law restricting it to 
 ■what you have defined as the tenant-right, namely, merely 
 a compensation for permanent improvements ?—If there 
 was a general principle fixed upon in that way, and gener¬ 
 ally applied, it would be beneficial; for landlords and 
 agents cannot take very unfair advantage of a man under 
 those circumstances ; but it is moonshine to apply English 
 customs to us in Ireland. 
 
 Rev. Robert Gray, Presbyterian Minister, 
 
 Burt, Go. Donegal. 
 
 Gro' 1 Lana t 80. Is the tenant-right prevalent, in the district, and 
 com.’Report to whom is the purchase-money paid P—It was always 
 p ' 689 ' prevalent, so far as I could learn, throughout the north 
 of Ireland ; and it was always prevalent upon this estate, 
 until Mr. Kennedy interfered with it in several cases. 
 
 81. What was the nature of the interference with the 
 tenant-right by Mr. Kennedy to which you refer ?—Taking 
 a farm without remuneration. I know a case where a 
 tenant-at-will was allowed to sell his tenant-right; and 
 I know cases upon the same estate 'where tenants-at- 
 will were refused permission to sell their tenant-right; 
 and also a case -where a party -who had paid a large sum 
 for a lease, upon the expiration of that lease -was refused 
 permission to sell his tenant-right, while one of the tenants 
 who got a portion of that same holding was allowed to 
 sell it, and got £ 130 for it. In our part the feeling is, 
 that a man, whether he has a lease or not, has a right, 
 or should be allowed to sell his interest in the land. 
 
ATTEMPTS TO PUT IT DOWN. lxiil 
 
 82. What is the usual value of the tenant-right P—I 
 think from about six to eight years’ purchase, in general. 
 
 Me. William Dugall, Co. Berry. 
 
 13. Is the tenant-right prevalent in the district, and Mr- wm™ 
 to whom is the purchase money paid P—The tenant-right, conil'L^rt 
 or sale of good-will, is prevalent, and always recognised p ’ 701, 
 
 by the landlord on the estate on which I reside, and 
 generally in this part of the country; but there have 
 been cases on some of the adjoining properties where it 
 has not been fully recognised. The purchase money is 
 always paid to the tenant, except where arrears have 
 accumulated, and then it goes to pay them up. The 
 value varies so much according to circumstances, that I 
 could give no satisfactory answer as to what it might be 
 worth ; and it is considerably affected by the nature of 
 the tenure. The value is now considerably decreasing. 
 
 14. As far as you know, what have been the conse¬ 
 quences in those cases in which the tenant-right has not 
 been recognised?—I believe the effect has been a bad 
 one; it has created a bad feeling in the neighbourhood. 
 
 15. Has that bad feeling gone so far as to occasion 
 outrage ?—No; there has been no agrarian outrage in 
 our neighbourhood, but a good deal of discontent. 
 
 16. Where the tenant-right has been disregarded, has 
 it had any effect in checking improvements upon pro¬ 
 perty ?—Yes, I would think it has. 
 
 Rev. E. M'Ginn, P.P. Buncram, Co. Donegal. 
 
 51. Is the tenant-right, or sale of good-will, prevalent bov-.e. p p 
 in the district, and io whom is the purchase-money Ln’l cum.' 
 paid ?—It has been prevalent; but it has been much p.'j'os!' 
 restricted lately. 
 
 52. Is it equally allowed to tenants-at-will as to persons 
 having leases?—Yes; I think it was more so in some 
 cases to tenants holding from year to year, than to persons 
 having leases which have expired. I have some cases 
 which I can show illustrative of that. 
 
 53. Have you known cases of eviction of tenants-at- 
 
TENANT RIGHT. 
 
 j, will without compensation for tlieir tenant-right?—Yes, 
 I have; I have heard it, and believe it, having inquired 
 into the facts. Upon one townland twelve persons were 
 served with ejectment process, in order to compel them 
 to pay a sum of money to set up in business a son of the 
 proprietor, who- had lately married; the proprietor was a 
 middleman ; in one case this sum amounted to *641, and 
 the person was absolutely turned out by ejectment, until 
 he complied with the demand, and then he was restored 
 to his farm again, paying the same rent as before. In 
 another case, where a double rent was demanded at the 
 expiration of the lease, the goods were seized, and no less 
 than fourteen keepers, at 2s. Gd. a day, were put on the 
 house and farm, and upon the pound. A horse had been 
 seized, which was cheap at s68 ; it was sold, but the poor 
 man was only paid Tl, the rest having gone in the costs 
 of the distress. 
 
 54. In what year did this take place ?—This occurred 
 about 1831. 
 
 55. Has this system been continued ?—Yes, it has; 
 and fourteen families, consisting of seventy-six individ uals, 
 have been ejected within the last fourteen years without 
 any compensation, on one townland, and two of them 
 were obliged to pay the law expenses : that is the state¬ 
 ment I have received. Four of those cases have occurred 
 lately, and some of them had paid as much as from MO 
 to £ 100 originally for the tenant-right; they were not 
 allowed to sell it, they did not get a penny of compen¬ 
 sation, and the stones of one person’s dwelling when 
 thrown down, were afterwards sold to the contractor for 
 
 Mr. T. D. Bateson, Agent.—Same District, 
 Buncrana, Co. Donegal. 
 
 25. Is the tenant-right, or sale of good-will, prevalent 
 in the district ?—When I was in Antrim, Mr. Holmes and 
 myself came to a resolution which is earned out here; we 
 found that the tenant-right in proportion to the smallness 
 of the farm, went on in an increasing ratio, and we deter¬ 
 mined in all cases, to reduce it to live years’ purchase. 
 
ATTEMPTS TO PUT XT DOWN. 
 
 We found, the tenants were in the habit of borrowing money 
 to get into possession, though it was in fact not worth a contiu 
 fraction of the sum paid, and they came into possession of 
 the lands in debt to other persons; and the out-going 
 tenant carried away all the profits. I have known fourteen 
 years’ rent given. Here I have allowed five years’ pur¬ 
 chase to a tenant who met with my approbation. 
 
 26. Generally through the country is the tenant-right 
 recognised by the landlord ?—Yes, I think it is. 
 
 27. What should you say was the value generally 
 through the district?—Unless a control is exercised, it 
 appears to be ad libitum,. In one case of a farm near 
 Buncrana, which had been just let in 1838, and had been 
 raised up to 416 from 41.3 16s. 8d., the tenant asked 
 permission to sell it, as he was getting feeble, and wanted 
 to take a small holding; he thought proper to advertise it 
 by auction, and it was knocked down at 4186, which was 
 very nearly twelve years’ purchase. Of course, that did 
 not comply with the terms I wished, which were, that he 
 was to bring the person to me, to know whether I approved 
 of him, and I ejected the person in consequence of the lands 
 being put up to auction. 
 
 28. In the case of a tenant at the expiration of a lease 
 not agreeing with the terms offered by the landlord for the 
 renewal of the lease, is it usual to let that person sell the 
 tenant-right P—Yes, I allow' it; and in a case w'here the 
 farms W'ere consolidated, I gave them five years’ purchase, 
 and they went to America, some of them; they were 
 perfectly satisfied. 
 
 29. Is it the custom of the country to allow it in those 
 cases ?—Yes, it is an indisputable right in the country ; 
 and I think it their just right, because as all their houses 
 are erected by them, they ought to have some compensation 
 for the labour they have bestov'ed. 
 
 30. With respect to the condition of the farming popu¬ 
 lation, do you consider that the large farmers are improving 
 in their circumstances, or the reverse ?—We can hardly 
 say that we have large farms; the great evil has been the 
 subdivision, while under the hands of middlemen. 
 
ixvi 
 
 TENANT EIGHT 
 
 James Montgomery Reid, Esq., Land Agent, 
 Qortin, Go. Tyrone. 
 
 J omer a R°ij‘ ^8. ^ ave y° u tnown of tenants who have improved 
 
 Cdcom! ’ being turned out without any compensation?—Yes. 
 
 Pj' F 8°ii-5. 49. Were they in heavy an'ear?—No arrears at all. 
 
 It has come to my knowledge, in the last month or two, 
 that a highly respectable man, whose family had been 
 upon the farm for 200 years, was turned out ■without any 
 remuneration. 
 
 50. What was the reason alleged ?—I did not hear any 
 reason alleged. 
 
 51. Was it in consequence of the landlord wishing to 
 increase the size of his farms ?—I really do not kn6w. 
 Some caprice, I fear, for he is a respectable man, and of 
 a respectable ancestry, and bears a respectable character. 
 He is, I suppose, from eighty to ninety years old, and he 
 owed no rent. 
 
 52. Was he allowed to sell his tenant-right?—No; 
 there was no sale at all; he was turned out. 
 
 53. Are those cases frequent ?—No; thank God, they 
 are not very frequent. 
 
 54. Did you hear of that tenant and his landlord having 
 any quarrel ?—I never heard of any. 
 
 55. Do you think that that practice is sufficiently 
 frequent to require the interference of the legislature, to 
 prevent the tenant being deprived of that compensation 
 which you think he is entitled to in those cases ?—Yes, I 
 do indeed think it very necessary. 
 
 56. Is it usual to allow the tenantry to sell the tenant- 
 right ?—Yes, it is, in part, but usually you must please 
 the agent; and the in-coming person, if he happens to be 
 a favourite or a pet, can buy it at less than one-half the 
 market price. 
 
 57. Does the landlord or agent attempt to regulate the 
 amount of the tenant-right ?—Not exactly so, but he must 
 be pleased in the person. 
 
 58. Has that the effect of making the tenant dispose of 
 the tenant-right below the ordinary value ?—Certainly. 
 
 59. What may be considered the ordinary value ?—I 
 cannot tell that. 
 
ATTEMPTS TO P T JT IT DOWN Ixvii 
 
 60. What have been the usual class of objections P—I 
 
 should say favouritism was the rule. '“Ie""! 11 ' ' 
 
 61. Is it common for them to object on political or p ' 
 religious grounds ?—Yes, I think so ; that is the chief 
 ground. 
 
 62. Does the landlord generally look to the solvency of 
 the tenant ?—Yes, he looks to his solvency too, as a main 
 point. 
 
 Mb. P. Fulton, Dungannon. 
 
 13. Is the tenant right, or sale of good-will, acknow- f 0 I ^ 1 ; n F "' I ; 
 ledged in the neighbourhood of Dungannon ?—Until very non. 3" 
 lately it was the practice with persons holding the town- £ O 853 Bei ’ 0rt 
 parks in the neighbourhood of Dungannon, that they should 
 
 sell their good-will to any person. If they were going to 
 leave the neighbourhood, they would have the privilege of 
 selling the place, and getting a few pounds for any im¬ 
 provement they made upon it, but they would have at the 
 same time to satisfy the landlord. The tenant that was 
 coming in had to go to the office, and get himself returned 
 as the tenant. They made their bargain for something, 
 and it was with the consent of the agent that it was done. 
 
 But for some years past that has not been the case. 
 
 14. Has that practice of giving compensation for im¬ 
 provements been discontinued P—The landlords in general 
 do not pay for improvements, it is the person that comes 
 in ; but as to the system of giving money for the tenant- 
 right, the principle is given up now, so far as my knowledge 
 goes. 
 
 15. What has been the cause of that P— It is intimated 
 to the tenants, that if they are tired of their land, or are 
 going to leave the country, they must give it over to the 
 landlord, and the landlord may, if he thinks proper, give 
 authority to some approved tenant to give something for 
 the good-will. 
 
 16. It is not the practice for the landlord to give any 
 thing for the tenant right P—No, certainly not. The 
 tenants in our neighbourhood are becoming poorer every 
 year. The land is set too high. The reason I give for 
 making this observation is, that I have known people who 
 
1 xviii 
 
 TENANT RIGHT. 
 
 have appeared to be in tolerable circumstances some years 
 ago, who are now ready to go to any place, the poor-house 
 or any place, in consequence of the rent and the taxation 
 being beyond the value of the land. Our land is of a very 
 poor sort, too indifferent land in general. 
 
 Mr. Patrick Corfield, Farravatty, near Monaghan. 
 
 coriiSi rick 23. Is the tenant-right, or sale of good-will, prevalent 
 Lund com. in the district, and recognised by the landlords ?—Yes, it 
 pp? 875.6. is, in some cases; in a general way it is. In other cases 
 the landlord fixes the price, and does not let the tenant 
 get a fair price. I know one or two cases, not more than 
 that, where the landlord dispossessed the tenant, and gave 
 him no remuneration. The man went in, and expended 
 £150 upon the farm; was turned out, and never got a 
 penny. 
 
 24. What does the tenant-right sell for?—It depends 
 upon the landlord. If a man is a good landlord it will 
 sell higher, though it is not such good land. With a farm 
 under a small proprietor, a man will not get any purchaser. 
 It is seldom a man will embark in a large farm under a 
 small proprietor. 
 
 25. Do the middlemen recognise the tenant-right of the 
 tenants under them ?—In some cases not. If they would, 
 it would be well enough; but they do not. The tenant- 
 right is now from £6 to £S and £10 the Irish acre, for 
 good land. 
 
 26. What would be the rent of that land which sells at 
 from £6 to £10 an acre ?—From 25s. to 30s. 
 
 27. To what amount are the landlords endeavouring to 
 restrain the selling price ?—Supposing I had a farm to 
 sell, and my neighbour would give me a certain price for 
 it; the landlord would say, “ You have leave to sell that 
 land; I will choose the tenant, and you shall get so much 
 for it.” 
 
 28. How much would that be ?—About £5 or £6 the 
 Irish acre. 
 
 29. Has there been any considerable consolidation of 
 the farms in the district ?—There have not been many 
 instances in my neighbourhood. 
 
ATTEMPTS TO PUT IT DOWN. 
 
 30. How has it been accomplished ?—The landlord 
 says to a man, if a lease drops near him, “ Your farm is 
 too small. I will add this to it, and you shall allow so 
 much out of it.” 
 
 31. Is that done where the tenant has paid up his rent? 
 Yes; but not frequently. Of late years, they are en¬ 
 deavouring to do it more so than usual. 
 
 Edwabd M'Cabe, Maheracloone Parish, 
 
 67. Do the landlords do any thing to help you in the 
 improvements upon the land?—Very seldom. A man 
 that has a wild spot of land, they will give him some lime 
 to mix with the stuff. 
 
 68. Does the tenant-right, or sale of good will, go on in 
 your district?—It used to go on very much; but the 
 landlord does not allow a man to sell part of his land, 
 except seldom. If he wishes him well he will let him sell 
 a part to pay his debts ; but if there is a good lease, he 
 will not let him sell part. He must sell all or none. 
 
 69. When a tenant is allowed to sell pait of his land, is 
 he allowed to sell it to a stranger ?—No, to his nearest 
 neighbour, to enlarge his farm. That would be the way 
 they would wish to do. 
 
 70. How much an acre used the tenant-right to sell 
 for ?—Some years ago, on this estate, it would sell as high 
 as <£20 an acre purchase, or £21. Now it is reduced to 
 £8 or £9;. in some cases £10; very seldom £15. 
 
 K 
 
 W. C. Quin, Esq., one of the Ecclesiastical 
 Commissioners. 
 
 After stating threatening letters received by his bailiff, 
 Powell, and stating also the murder of Poweil, by a man 
 who had got some employment, Mr. Quin adds: 
 
 14. That man was hanged for the murder, together with 
 a cottier or labourer of one of the tenants who lived on the 
 lands of Lough Boss, and who was to be subject to the 
 proposed alterations. My life was also in peril, having 
 been apprised by means of disclosures after the murder, 
 
lxx 
 
 TENANT RIGHT. 
 
 cmithm'd" ^ iat I was waylaid to be shot, on two occasions; and I 
 am convinced, from circumstances that occurred, that an 
 attempt was made to poison me. 
 
 15. In the county of Armagh ?—Yes, upon the same 
 estate. 
 
 16. The animosity was to the steward himself, because 
 he was the man carrying out the improvements ?—I sup¬ 
 pose so. But I do not think that the tenants had any 
 reason to doubt my good intentions towards them; because, 
 during the lifetime of my aunt, to a very limited extent 
 certainly, I had, out of my own pocket, paid portions of 
 the rents of three small farms, which she was unwilling 
 to abate, but which I thought too high. I had also paid, 
 for some years, the rent of one or two farms, from which 
 tenants had been removed for non-payment of rent in the 
 lifetime of my aunt, in order to smooth the way for those 
 changes which I had in contemplation, wishing to reserve 
 these farms for the people to be removed, when an oppor¬ 
 tunity should offer of carrying out my plans, so as to 
 increase the quantity of land to be distributed among the 
 occupying tenants. In two other cases, I also had an 
 opportunity of acquiring the possession of land for the 
 same purpose; in one where a tenant had directed his 
 farm to be sold for the benefit of his child, containing 
 about ten acres, and for which I gave £ 55 , being rather 
 above the rate of purchase allowed by me in the estate; 
 and in the other, where the tenant had died without any 
 family, and had bequeathed his farm to strangers, which 
 I had previously apprised the tenants, I would not allow; 
 the tenants are all, with one exception, tenants-at-will. 
 
 17. Where is the situation of the property exactly ?—• 
 Lough Boss is about three miles and a-lialf from Castle- 
 blaney, a wild and neglected part of the country; the 
 other property is within half a mile of Newtownhamilton; 
 and Powell was residing just outside the town of Newtown¬ 
 hamilton. 
 
 18. Was the house broken into ?—They knocked at the 
 door; one of the daughters opened it, and the man who 
 first appeared asked for Powell, who came to him, and 
 was conversing about work; then a gun was perceived 
 with one of the party, which induced him to retreat; but 
 
ATTEMPTS TO PUT IT DOWN. 
 
 lxxi 
 
 having no arms in the house, he was unable to defend 
 himself, and he was dragged out, in the presence of his 
 daughter, and shot, and one of the daughters severely 
 cut in the head. 
 
 19. As I understand your arrangements, none of the 
 tenants were to he removed oif the lands?—No, none 
 were to be left without a residence and some land; I 
 pledged myself to that. Perhaps it would have been better 
 to have carried out my plans without being so much above¬ 
 board ; but 1 did not wish to do so. I thought the majo¬ 
 rity of them would be infinitely more comfortable on 
 reduced farms, with constant employment on the land in 
 my own hands. I calculated there might eventually be 
 about 100 acres in my own hands out of the 240. 
 
 20. Had they ever made any distinct representation of 
 their objection to the arrangement ?—I could collect from 
 some of them, that their objection was to be treated as 
 cottiers, or something of that kind; but only in two cases 
 they showed any bad feeling and spoke out—they said 
 they would not part with the land; I cautioned them not 
 to use such strong language, as I would take a note of it, 
 and deal with them accordingly; but before I left the 
 ground, they came forward and begged of me to forgive 
 them, which I did. I also was aware of the great objec¬ 
 tion Irish tenants have to part with any of their land; 
 but I felt, under the circumstances I have stated, I would 
 be fully justified in making these alterations. 
 
 21. What is the effect of the tenant-right, as it exists 
 in that county; if a landlord takes land from a tenant, is 
 he considered bound to pay the tenant-right, the same as 
 one tenant taking land from another ?—I do not know; 
 I could learn from themselves, that their tenant-right sold 
 at a very high rate, and that suggested to me, that in 
 taking my land, which might become the subject of sale 
 under certain regulations that I had made, I was bound 
 to pay for it. I have been since told that I made myself 
 obnoxious by having declared, that I would put a stop to 
 the subdividing of farms, and would endeavour to increase 
 those on the estate, by limiting the right of succession 
 and power# to sell; for instance: I told the tenants, that 
 where a man died with a family, that the faim should be 
 
lxxii TENANT EIGHT. 
 
 cLtau.?j U "’ left to some one member of the family; that if a mail 
 died without a family, I would not recognise the right of 
 succession beyond a brother, or sister, or a brother or 
 sister’s child; and if he died without any such relations, 
 I would exercise my own discretion in adding the farm to 
 an adjoining one. 
 
 22. 'You have stated that your object was, if possible, 
 to reduce the price of the tenant-right to £5 an acre ?— 
 Yes. 
 
 23. What should you say was the average rent of that 
 land ?—Under J1 an Irish acre, for rough and smooth. 
 
 24. Do you know what reason Powell had for suspecting 
 the bailiff?—The reason was, that, while he was draining 
 a portion of the lands at Lough Ross, the bailiff, who, it 
 appears was a drunken character, went amongst the men, 
 and said, “ Boys, are you such fools as to work for this 
 fellow ; you are cutting your own throats,” or something 
 to that effect. 
 
 25. Is the bailiff still in that part of the country ?—I 
 believe he is. 
 
 26. Have you any agriculturist, or person of that 
 description, upon the property now ?—No. I gave up 
 my plans, being much disgusted at what took place ; and 
 I settled in my own mind, that I would never hold pro¬ 
 perty where I could not feel myself on good terms with 
 the tenants, and have accordingly determined to sell it. 
 
 I can truly state, that my first object was to have bene- 
 fitted these people, indeed, perhaps beyond my means, as 
 the commencement of such an undertaking is always very 
 costly. 
 
TENANT RIGHT. 
 
 CLASS No. III. 
 
 DANGER FROM ATTEMPTS TO PUT IT DOWN. 
 
 Mb. M. W. Lowry, and Mb. Gawan Obb, 
 
 County Down. 
 
 69. Have there been any agrarian outrages in your Mr- m. w. 
 
 neighbourhood, and in what have they originated P-'-fJKr. M°? T <flw"n 
 Lowry.\ —There have been some instances in the last Ema com: 
 year. Re j' 4 0 1 rt - 
 
 70. What has been the cause of them P—The eviction P " 
 of tenants, without sufficient compensation, I conceive. 
 
 [Mr. Orr.\ — I know of none ; we are peaceable people. 
 
 71. Have those instances been frequent P— [Mr.Lowry.] 0ntra s cs ' 
 Not very frequent; we had two or three in the last winter. 
 
 There was one upon one estate, two upon another, and one 
 
 on another small estate in the immediate neighbourhood 
 to which I refer. 
 
 72. Are you acquainted with the circumstances under 
 which those tenants have been evicted ? ~I am as to some 
 of them. In one case, the tenant had purchased a lease 
 about three, or four years ago, for £120; he was only able 
 to raise one-half of the purchase-money, and borrowed the 
 the other half; he had occasion to sell the lease to pay 
 
 the remainder of the money, and his creditors found that L dl ri , 
 his landlord would not allow him to sell the lease to the mterfeJea*. 
 highest bidder, but selected his tenant, and named a sum 
 which was less than one-half what it cost the purchaser, 
 the lease still existing. 
 
 73. Was there a non-alienation clause in the lease ?— 
 
 I suppose so, for that is a usual clause in all leases on 
 that estate. 
 
 74 Have you any means of knowing whether the sum 
 he fixed upon it was the usual sum for the sale of a lease ? 
 
ixxiv 
 
 TENANT EIGHT. 
 
 ai r i mToJt I* was ft ss ^ ian ^ ia, ft W ^ at ^ cost ^ ie party three years 
 continued"’ ago, and the lease is still existing; and I am satisfied he 
 1 ’ ,5 ‘ 11 ' could have got seventy-five per cent, of the original sum. 
 
 75. Do you know whether any portion of the purchase 
 money paid in that case was stopped by the landlord to 
 clear off the arrear ?—I think there was no arrear of any 
 consequence ; the tenant had paid his rent. 
 
 76. What was the nature of the outrage committed ?— 
 The house was burnt upon that farm. 
 
 77. Is that the only instance upon that estate ?—Yes, 
 in the last year. There w T as an instance before of the 
 destruction of the crops upon a former eviction, where 
 the tenant was evicted. 
 
 78. Have you heard of any other case occurring upon 
 the same estate, of a tenant being dispossessed without 
 compensation P —I know a widow, on the expiration of 
 her lease, was removed for the purpose of giving the land 
 to another tenant, who had been changed from another 
 quarter; she only received 410, which I considered to 
 have been given to her for the purpose of letting the in¬ 
 coming tenant sooner into possession than he could have 
 got by ejectment; her tenant-right now upon the rent at 
 present paid, would be worth about fifty or sixty pounds. 
 
 79. Are you aware of any other instances of eviction 
 without compensation ?—There is a case on the estate of 
 a large proprietor in the barony of Dufferin. A widow 
 had married a second husband, and the rent got into 
 arrear; there was a valuable lease of the farm. I think 
 about six months previous to the eviction, 4400 could 
 have been obtained for the lease. On the rent becoming 
 in arrear, the widow was ejected, without any remunera¬ 
 tion at all; the arrear of rent was paid by the in-coming 
 tenant; the arrear did not amount to more, as I under¬ 
 stand, than about perhaps 460 to 4100 ; the widow and 
 orphan children were turned out without anything, in a 
 state of destitution, and the in-coming tenant subsequently 
 ■was charged an increased rent. 
 
 80. Were there any permanent improvements on that 
 farm ?—There were houses in very good order, the farm 
 was altogether in good order. In this case, some of the 
 offices were burnt this time last year, I think. 
 
DANGER FROM ATTEMPTS TO PUT IT DOWN. 
 
 81. Do you think it likely that the denial of the tenant- JJtj £,° r ' v ^ 
 right Mill lead to similar outrages, should it be generally continued. ’ 
 carried out ?—I have not the slightest doubt that it will; P-S41 ‘ 
 
 it has been the cause of alarm to a great number, lest 
 these things should get into their neighbourhood. D “” BCr ' 
 
 82. Do you consider, that if the tenant-right was 
 abolished in the district with which you are acquainted, 
 that it would lead to outrage ?— {Mr. Orr .]—I have not 
 the least doubt of it, not the slightest. 
 
 83. Should you think that all that might be obviated, 
 if an arrangement was made, by which compensation was 
 secured at the expiration of the tenancy, for improvements 
 made beneficial to the landlord ?— {Mr. Lowry.] —Yes, in 
 a great degree. There is an attachment, however, to the 
 place of their birth, which, even with compensation, would 
 be a very great obstacle to their removal. It would be 
 difficult to compensate an Irish farmer for such a sacrifice. 
 
 I think every attempt at compulsory removal should be 
 undertaken with very great caution indeed. {Mr. Orr.\ 
 
 There was a case I could have mentioned where no out¬ 
 rage took place, but the landlord refused to allow the 
 tenant-right to the fullest extent. Two individuals had 
 lent money to a person who purchased a property. At 
 the time he was leaving it, he had got in debt, and was 
 not able to pay all his creditors. The land was to be sold, 
 and two of the sons of one of the persons who had lent the 
 money, and who were his representatives, purchased the 
 land to pay themselves. It was set up for sale, and no¬ 
 body purchased, and they intended to take the land for 
 the money that had been advanced. The agent would 
 not let them have the land, and would only let them have 
 a certain portion of the money, and gave the land to ano¬ 
 ther person. 
 
 John Andrews, Esq., Agent to Lord Londonderry. 
 
 34. Is the tenant-right prevalent in the district, and to John a u - 
 whom is the purchase-money paid ?—It is quite estab- lSc™!!' 
 lished on Lord Londonderry’s estate, and never disputed, J^'g. 
 
 35. Is it quite established on the estates around ?— 
 
lxxvi 
 
 TENANT EIGHT. 
 
 conUnueT 8 ’ With some modifications, it is. I cannot speak of it 
 p. 545-G. ‘ decidedly. 
 
 36. Have you heard of efforts been made to check it ? 
 Yes. 
 
 37. Have you heard of instances in which it is prohi¬ 
 bited altogether ?—No, I think not altogether. 
 
 38. Has there been a tendency of late years to prohibit 
 it?—Upon some estates I have observed it growing a 
 little; they qualify it. 
 
 39. With regard to Lord Londonderry’s estate, can you 
 state the usual amount of the purchase of the tenant- 
 right ?—Yes, I can. I would give as the average ^10 the 
 English acre; the tenant-right will sell for that with or 
 without a lease. 
 
 40. Is there much difference ?—Very little; I would 
 say almost none. 
 
 41. Has the tendency to curtail tenant-right been re¬ 
 ceived with dissatisfaction by the country ?•—I think so ; 
 materially so in some cases. 
 
 42. Do you think that curtailment of the tenant-right 
 can be carried out without danger to the peace of the 
 country ?—I am sure it cannot- You would have a Tip¬ 
 perary in Down, if it was attempted to be carried out. 
 
 Rev. John Lynch, Co. Antrim. 
 
 Rev. John 10. Is the tenant-right, or sale of good will, prevalent 
 com h Rep™ a t in the district, and to whom is the purchase-money paid ? 
 p.562. —j t j g acknowledged over all the district, but I have 
 
 reason to believe it is questioned. I have heard some 
 landlords stating, that what was sold was theirs, and not 
 the tenants’; but I know of no instance in which the sale 
 was prohibited by the landlord. 
 
 11. What should you say was the value as compared 
 with a year’s rent, or what is the sum paid by the acre ?—I 
 should say, from five years’ purchase down. I purchased 
 a little place myself, for which I gave five years’ purchase, 
 or nearly so. 
 
 12. Was there any lease ?—Yes, or there was an un¬ 
 derstanding which has never been made good yet; I hope 
 it will. 
 
DANGER FROM ATTEMPTS TO PUT IT DOWN. 
 
 lxxvii 
 
 13. Do landlords refuse to accept tenants on any other J^';. h ,ohn 
 ground than that of their not being solvent?—Not gene- c "^" ei1 ' 
 rally; but I have known cases where Catholics were p ' 
 refused. I was told one instance of a man who tendered 
 
 for a farm, and he was told that he could not be allowed 
 to have it because he was a Catholic; but that practice 
 does not prevail in my district by any means. 
 
 14. You spoke of the landlords beginning to question the 
 tenant-right; do you think if landlords were to attempt 
 to abolish the tenant-right, that it would lead to any 
 disturbance in the country?—I have not the least doubt 
 of it. 
 
 Rev. James Porter, Presbyterian Minister, 
 
 County Down 
 
 33. What effect has the holding without lease on the Rev. James 
 condition of the tenants, the improvement of the farms, or comneport 
 the rent P—On those estates where what is called tenant- p - 399 - 
 right amongst us is yet allowed, the want of a lease does 
 
 us little injury ; but where that is beginning to be altered, 
 it has paralysed real improvements every where. 
 
 34. Are there many estates upon which the tenant-right 
 is not allowed ?—There is no property where it is entirely 
 denied. There were just three instances in which there 
 were agrarian outages committed since I settled in this 
 country, and these originated in the total denial of the 
 tenant-right; that was a denial on the part of the land¬ 
 lord of the tenant-right. It is right to say those were 
 aggressions of Protestants. The landlords yielded the 
 claim of tenant-right, to the popular feelings in those 
 three cases. 
 
 35. What is the general rate of the tenant-right ?—It 
 is much lower. I can give you an example of that, and 
 that will be far better than any general description of the 
 district. I know the tenant-right of a farm which sold 
 for £1,000 a few years ago, and the last year he could not 
 get £500 ; one of our best farms: that would be about 
 £15 an acre. 
 
 36. From what has that arisen ?—Land has been greatly 
 depreciated in value, from a number of causes; there is 
 
lxxviii 
 
 TENANT BIGHT. 
 
 iw“ m “ not l ^ e Kame anxiet y t° possess it, because the same 
 continued, advantages do not attend the holding of it as in former 
 times. 
 
 37. In those cases where the tenant-right was disallow¬ 
 ed, was it an attempt on the part of the landlord to put 
 the purchase-money into his own pocket, or to charge an 
 additional rent ?—An attempt was made to dispossess the 
 owner, without allowing him to sell, which has been invari¬ 
 ably the practice throughout our own country, and we were 
 greatly scandalized by it. In fact, armies were brought 
 in, and honest men were involved, and surprised at the 
 violence and murderous dispositions manifested, when 
 parties were excited about it; for I ought to state, perhaps, 
 that every particle of improvement, every stone upon my 
 farm, and every slate, was put together by myself, and 
 every drain was made, and every tree planted out of my 
 own pocket, and I did it with great confidence ; because, 
 when I purchased, I paid a very high value for what I 
 got, and I considered that I was to have the same right to 
 remuneration 
 
TENANT BIGHT. 
 
 CLASS No. IY. 
 
 INTIMIDATION BY WHICH IT HAS BEEN 
 PROTECTED. 
 
 Robert Smith, Esq., Cleric of Peace, 
 
 Co. Monaghan. 
 
 80. Do they often sell the tenant-right, where there is 
 
 an old lease?—Very frequently. Report. 0 " 1 ' 
 
 81. Where the tenant is ejected for non-payment of 
 rent by his landlord, is he allowed to sell his tenant- 
 right?—I am not aware that any such right of sale is 
 recognised by the landlord; but it is generally known 
 throughout the country that an agrarian law exists, such 
 as to intimidate any of the lower class of farmers from 
 taking land from which a tenant has been ejected for any 
 cause, without the person coming in making compensation 
 to the party turned out. 
 
 82. That applies to the tenant going out, under all 
 circumstances ?—I think so. 
 
 John Lindsay, Esq. Banbridge, Co. Down. 
 
 39. Is the tenant-right, or sale of good-will, prevalent ^^2’ 
 in the district: and to whom is the purchase-money paid ? Report. ' 
 It prevails in the district; the tenants who have held the P1> ' 
 land think they have a right to dispose of the land when 
 
 they are going to leave it; he thinks always he has a right 
 to do so ; and very reasonably, I think. 
 
 40. Is it generally recognised by the landlords ?— Some 
 recognise it, and some do not; but where they do not 
 
TENANT RIGHT. 
 
 j. Lindsay, recognise it, and set their face against it, they are very 
 ; o, Sf- generally defeated, and have been obliged to do it, after 
 risking life, in some instances, in my neighbourhood. 
 
 41. Is it done behind their backs, without their knowing 
 it?—No; they have even ejected the tenantry. I have 
 known some of them do it in the parish I live in; one of 
 them put a man out of his farm, and there is no person 
 will take it; he sent down a person to cultivate the farm, 
 and he was sent home again. The people gathered that 
 night and desired him to go home and not come there 
 again; and the man got leave to sell his tenant-right 
 afterwards. 
 
 42. How long ago is that?—About three years ago. 
 Something similar happened to a man about two or three 
 miles from my place, last winter was a year. 
 
 43. Is the value of the tenant-right increasing or 
 diminishing, and how is it affected by the tenure ?—The 
 value of the tenant-right is decreasing, in consequence of 
 the scarcity of money, and I suppose it would be regulated 
 also by the price of the land at the time the tenant-right 
 would be sold. If it is at a high rent they will give less, 
 and if at a low rent they will not get more. 
 
 44. What should you say was the value of the tenant- 
 right of land fairly set and held at will, comparing it with 
 a year’s rent, or by the acre ?—About four years ago, at 
 a place I receive the rent, of, it would have sold for £20 
 an acre; and now, though the rent is lowered ten per cent, 
 it would be difficult enough to get £10. 
 
 ■ Mr. Hancock, Lord Lurgan's Agent, Down, 
 Antrim, and Armagh 
 
 X 
 
 ,ck 38. The landlords are compelled to recognise tenant-right, 
 as, in several instances in this neighbourhood, where they 
 have refused to allow tenant-right, the in-coming tenant’s 
 house has been burned, his cattle houghed, or his crops 
 trodden down by night. The disallowance of tenant-right, 
 so far as I know, is always attended with outrage, A 
 landlord cannot even resume possession to himself without 
 paying it. In fact, it is one of the sacred rights of the 
 
INTIMIDATION BY WHICH IT IS PBOTECTED. 
 
 lxxxi 
 
 country, which cannot be touched with impunity; and 
 if systematic efforts were made amongst the proprietors 
 of Ulster to invade tenant-right , I do not believe there is 
 a force at the disposal of the Horse Guards sufficient to 
 keep the peace of the province ; and when we consider 
 that all the improvements have been effected at the expense 
 of the tenant, it is perfectly right that this tenant-right 
 should exist; his money has been laid out on the faith of 
 compensation in that shape. 
 
TENANT RIGHT. 
 
 CLASS No. V. 
 
 OPINIONS AS TO TENANT RIGHT. 
 
 Robert Smith, Esq., Clerk of the Peace, Co. Monaghan. 
 
 76. What is your opinion relative to the tenant-right Esq 
 allowing him to sell his interest in the land?—I think it 
 objectionable, except in particular cases; particularly so in pp.ib-8 
 case of emigration. 
 
 77. Why in the case of emigrating particularly?—It 
 gives facility to a certain class to take much capital out of 
 the country, and induces persons wishing to get possession 
 of land to give much beyond the reasonable value of the 
 emigrant’s interest; whereby the landlord gets in exchange 
 for a solvent' tenant, a person who has expended his capital 
 in purchasing the interest of a tenant, who, at the time, was 
 paying the full value of the farm, whereby the incoming 
 tenant not having capital to till the land in a husbandlike 
 manner, suffers the premises to become dilapidated, and 
 ultimately is ejected for non-payment of rent. 
 
 78. That applies to all parties selling?—I do not mean 
 you should so understand me; there are cases where, for 
 private arrangements, a party should, ■with consent of his 
 landlord, be allowed to sell; but I object to allowing large 
 sums being paid to emigrants who leave persons little more 
 than paupers in their stead. 
 
 H 2 
 
lxxxiv 
 
 OPINIONS AS TO TENANT-EIGHT. 
 
 smith* Esq Does not the landlord use the same power also, in 
 
 p. ui, iis. the case of a tenant emigrating?—It is not always conve¬ 
 nient for landlords who have not acted strictly upon all of 
 the covenants in leases, on particular occasions, to put 
 certain of them in force. I mean particularly non-alienation 
 clauses; and in my opinion, such is the anxiety of the 
 majority of the lower class of farmers, in the districts 
 wherein I am best acquainted, that they would purchase 
 the outgoing tenant’s interest, disregarding all covenants. 
 
 83. You think, upon the whole, it has gone to such an 
 extent in the county of Monaghan, that it is injurious both 
 to the landlord and the tenant?—I do. The incoming 
 tenant exhausts his capital in purchasing land already let at 
 what the landlord may suppose a fair rent, whereby the 
 landlord loses a tenant in comfortable circumstances in 
 exchange for almost a pauper. 
 
 84. That is only in the case of emigration ?—I mean 
 generally. 
 
 William Blackek, Esq. 
 
 w. Blacker, 65. The tenant right, I believe, prevails in the part of 
 Land Com. Ireland with which you are acquainted?—Yes. 
 
 Report, 66. j n y 0U p opinion, is that system advantageous or 
 otherwise?—It is like everything human, it is liable to 
 imperfections as well as advantages; but I do not know 
 how to get quit of it, -without incurring greater inconve¬ 
 niences. If you refuse to allow any tenant-right, you can 
 scarcely ever get quit of a bad tenant; for the feeling of the 
 country is so strong, that no man will venture to take a farm 
 without having the good-will of the man who leaves it, and 
 that man cannot leave it unless he has got something to 
 cany away, which will take him to America, or will obtain 
 for it some other holding; and that raises a great dif¬ 
 ficulty in getting rid of the person of whom you would 
 wish to get rid. It is a thing that does not occur very 
 often; two or three instances perhaps in the course of a 
 twelvemonth; and it is better, I think, to put up with an 
 assumption of that kind—for it is an assumption of right 
 which certainly does not exist—it is better to put up with 
 that in a few instances, than suffer a great deal more in 
 other respects. 
 
OPINIONS AS TO TENANT-RIGHT. 
 
 Ixxxv 
 
 67. Then, is it your opinion that the existence of the Blacker, 
 tenant-right prevents the derangement in reference to pro- p. 324 . 
 perty which prevails in the parts of Ireland where it does 
 not exist?—Yes, I do; and I think there is some reason 
 why such feelings should have originally grown up, 
 particularlyin mountainous countries. The property has been 
 brought into cultivation within the memory of man, by the 
 exertions of the occupying tenant, without any assistance 
 from his landlord whatever; for instance, in the case of the 
 allotments on the school lands the other day, the poor 
 man builds his house, and brings the bog land, which was 
 worth nothing, into a valuable property. If you were 'to 
 deprive him of the privilege of getting some compensation 
 for that, it would be a matter of great injustice, and the 
 feeling lias originally grown up in that way; but at present 
 it has spread itself to all land, and the man who has been 
 actually deteriorating your property, looks upon it as much 
 his right as the man who has been improving it, and in that 
 way, both in reason and justice, it is subject to great 
 objections. 
 
 William Pidgeon, Esq., Land Agent to the Incorporated 
 
 Society of Dublin, for promoting English Protestant 
 
 Schools. 
 
 29. Is the tenant-right, or sale of good-will, recognised wmiaro 
 under the society?—It is, to a certain extent, particularly Esqf c ° ’ 
 in the North of Ireland; they recognise it to the fullest Reportf 0 ”' 
 extent there, and, in fact, they do so every where. They p - 338 > 338 
 only require that the name of the incoming tenant should 
 
 be submitted to them, and approved of. 
 
 30. To whom is the purchase-money paid ?—To the 
 tenant. I may mention, now, that I am going to recom¬ 
 mend to the board, that upon their northern estates they 
 should not permit their tenants to receive more than a 
 certain sum for the tenant-right. I have known cases 
 where the most extravagant sums have been paid, which is 
 taken away by the outgoing tenant; and the incoming 
 tenant has been so impoverished, he has not been able to 
 work or stock his farm properly, from want of capital.. I 
 have known a case where the tenant was ruined by the 
 extravagant simi paid. 
 
lxxxvi 
 
 OPINIONS AS TO TENANT-RIGHT. 
 
 Rdgeon 31. Have you formed any plan to carry out thatrccom- 
 Bsq- ’ mendation?—It is a difficult tiling to decide where you 
 p. 338,33. 0U gj 1( . gto p t enan t-riglit, but it really ought to be 
 done. I have known the most extravagant prices given, 
 a price fully equal to the fee-simple value of the land. 
 
 32. How Avould you propose to stop it; will not they 
 give it under-hand, if you do not let them do it openly ?— 
 I do not know that. 
 
 33. Have you foiuid that the tenant-right, as it exists 
 in the North of Ireland, prevails in the South?—No, it is 
 quite different. 
 
 34. Is there any arrangement existing there between 
 the incoming and the outgoing tenant, similar to the tenant- 
 right?—They have rules among themselves, but it is not 
 a recognised system in the south as it is in the north; there 
 is greater confidence among all the relations in the north 
 than in the south; they have greater confidence in their 
 landlords. They do it in the south, but it docs not exist 
 as a system. I think it an admirable principle, and it 
 ought not to be put a stop to. The only objection is, that 
 it may be carried too far. I have known instances where 
 it has been carried ridiculously far. 
 
 35. The competition for land may induce a man to give 
 an extravagant rate for the tenant-right, as it does to give 
 an extravagant rent for land?—Yes, it does; and when 
 they have money, they give it freely for the purchase of the 
 tenant-right, and often come in without sufficient capital. 
 I know an instance at this time where a man is poverty- 
 stricken, because he gave an extravagant price to get pos¬ 
 session of the land. He had one or two good years, and 
 got a little money in his pocket, and went and purchased 
 more land, and is now not able to go on. 
 
 Richard Byrne, Esq. Crossmahe, Louth Parish. 
 
 B? ard Es ^6. With respect to the tenant-right, or the sale of 
 iind°’com'. good-will, does that extend to this district?—Yes, it is 
 generally allowed. I think the sale of the tenant-right is 
 only exercised by the idle, the improvident, or lazy, or 
 those who are going to emigrate, and it is generally sanc¬ 
 tioned by the landlord. 
 
OPINIONS AS TO TENANT-RIGHT. 
 
 Ixxxvii 
 
 97. Does tlie landlord feci himself bound to pay for tlie 5yme?Esq. 
 tenant-right when resuming possession of the land for his pp- -w. ais.' 
 own use ?—Yes ; there have been instances of a landlord 
 
 doing it; but it is more for the sake of giving something to 
 get rid of the tenant, than in consideration of the tenant- 
 right. 
 
 98. What do you consider to be the general effect of 
 the tenant-right on the country ?—I think that the effect is 
 rather beneficial; for m cases where a lazy or improvident 
 person disposes of his tenant-right, the landlord gets a per¬ 
 son more likely to improve the farm. 
 
 99. Does not it diminish the man’s capital ?—Yes; it 
 does, certainly; but he generally calculates he will be re¬ 
 paid for that expenditure. 
 
 100. On the expiration of his lease, is the tenant con¬ 
 sidered to have any tenant-right, in consequence of being 
 the party in possession?—Not generally recognised by the 
 landlords, but the tenants consider themselves to have the 
 tenant-right. 
 
 101. What should you say was the value of the tenant- 
 right? It depends greatly upon the character of the land¬ 
 lord under whom he purchases. I have known very singu¬ 
 lar instances of enormous sums given for the tenant-right. 
 
 I have known that a man having merely half an acre and 
 half a rood of ground, and three houses on it, in one of 
 which he lived himself, and had tenants in the other two, 
 cottiers, and for that he received £30. 
 
 Capt. James Robinson, Warrenpoint, Comity Down. 
 
 41. What is the effect of the tenant-right upon the dis¬ 
 trict?—I should say that, to the extent it is practised at 
 present, it is injurious. 
 
 42. What do you conceive to be the value paid for the 
 tenant-right, cither by the acre or by the year’s rent ?—I 
 have known £25 an acre given for a farm. I have known 
 as much as £30 given for a farm by the acre, that had 
 water-power upon it; but I have known £15, £16, and 
 £25 given. 
 
 43. Is it increasing or diminishing?—I think it is dimi¬ 
 nishing to that amount. 
 
 Robinson. 
 
lxxxviii 
 
 OPINIONS AS TO TENANT-EIGHT. 
 
 RoWnso™ 05 ^4. To whom is the purchase-money paid?—To the' 
 p. 4 is>.' out-going tenant; he takes every thing with him to America, 
 or out of the country, and leaves it so much poorer. 
 
 Thomas G. IIenky, Esq. Newry. 
 
 t.q. Henry, 38. Are permanent improvements effected hy the land- 
 fauii com k>rd, or the tenant, or jointly?—Not at all hy the landlord. 
 Report, 39. How is the remuneration for those improvements 
 p ' 421 ’ seemed to the tenant?—There is no way of securing it. 
 
 40. How is he remunerated for it ?•—-He is never dis¬ 
 turbed out of his place, and gets all the benefit of it. 
 
 41. Is the tenant-right prevalent in this district?—Yes, 
 a good deal of it. 
 
 42. Is it recognised by the landlords ?—Yes, mostly it 
 is; where he can get a good tenant to assume the place of 
 the out-going tenant, it is not refused. 
 
 43. What should you say was the value of the tenant- 
 right compared with a year’s rent or by the acre ?—It varies 
 very much. I have known in Mourne they gave £25 an 
 acre. 
 
 44. For land of what value?—Thirty shillings an acre 
 Irish; that is the highest I have known. The other day, 
 near Newry, there was a man who had about four acres of 
 ground to sell, a very poor man, and he got £57 for all; 
 that was two or three days ago. 
 
 45. Is the value increasing or decreasing, or is it 
 affected by the tenure ?—Last year it was decreasing; this 
 year it is assuming a more healthy appearance, and is get¬ 
 ting up. A few years ago it was higher. 
 
 46. What is your opinion of the effect of the recogni¬ 
 tion of the tenant-right on the state of the. country ?—As 
 far as this estate is concerned, we generally get a better 
 tenant than the one that leaves us; and if that be the case, 
 it has a good effect on the property. 
 
 47. Is permission ever refused to a tenant to dispose of 
 his farm, in order to obtain the tenant-right ?—Yes; unless 
 he gets a tenant that pleases the landlord. He must pro¬ 
 duce a tenant he approves of. 
 
 48. Do I understand by that, that he should produce a 
 solvent tenant?—Yes. 
 
OPINIONS AS TO TENANT-RIGHT. 
 
 lxxxix 
 
 49. No reference is had to the tenant’s religion ?—No, Ej£' Henry ’ 
 except in the borough of Newry; that is now looked after p- 
 here. 
 
 50. What difference is there in reference to the borough 
 of Newry and other parts of the property ?—The borough 
 of Newry is the part which enjoys the elective franchise; 
 it constitutes the borough which the franchise is extended 
 to: there a different mode is used. Upon the rest of the 
 estate there is no reference to a man’s religion or polities. 
 
 51. What is the mode pursued in the borough?—The 
 mode is, when a man offers himself as a tenant, I must be 
 satisfied as to the description of man he is; whether he is 
 well behaved, and of a certain religion. If a Roman Ca¬ 
 tholic was to offer himself as a tenant in the borough of 
 Newry, I think I should refuse. 
 
 52. Would the same objection apply to a Presbyterian? 
 
 No. 
 
 53. Is there any objection to allow a Catholic tenant to 
 sell his tenant-right to another Roman Catholic?—Not 
 any; upon the other parts of the estate there is no distinc¬ 
 tion made between tenants. 
 
 Thomas Eyre, Esq., Beuburl, Go. Tyrone. 
 
 47. Is the tenant-right known in your district?—Yes; T.Eyre.Esq. 
 the land lets for 16s. an acre, and they will give from £8 to ReSort^ 0 ”' 
 £12 an acre for the tenant-right. It is not quite so high p - ,<39 - 
 
 as it was a few years ago, but still it is very high. 
 
 48. How far do you consider the tenant-right affected 
 by the tenure, or is it more by the character of the land¬ 
 lord?—-It is more by the character of the landlord. It is 
 the custom for them there to do it. Some will not let them 
 get more than a certain sum, but the landlords all recog¬ 
 nise it. 
 
 49. Do they allow it to be sold to any individual the 
 tenant may procure, provided he is solvent, and of a good 
 character?—Yes, in a general way. When’ the tenant 
 wishes to dispose of his larrn, he goes to the landlord, and 
 the landlord says, “ Get what you can offered for it, and if 
 I do not like the tenant, I will name some other person,” 
 or something of that kind takes place. 
 
OPINIONS AS TO TENANT-EIGHT. 
 
 T p“ q ' 50. Are any religious objections ever taken to a tenant ? 
 I think there are; I have no doubt of it. 
 
 51. What do you think of the effect of the tenant-right 
 generally?—I always thought it injurious; but I am not 
 competent to judge, perhaps. I had been always living in 
 England till 1826. I always thought it an injury to the 
 tenant, rather than a benefit. 
 
 52. In what manner do you consider it injurious to the 
 tenant?—The incoming tenant impoverishes himself by 
 purchasing this land. He has to go and borrow money to 
 buy the land, in the first instance; and after he gets it, he 
 gets credit where he should not do it at home. The 
 shopkeepers say, “ Oh, he has a farm, and we may trust 
 him.” There are generally shopkeepers on the estate; 
 and the agent generally takes care to see them paid when 
 the party disposes of his farm. 
 
 Me. J. T. Noble, Armaqh,. 
 
 Mr. J. T. J 
 
 Land com ^1. ^ 1C teuant ‘ r ight prevalent in the district?—Yes. 
 
 Report, ’ 42. To whom is the purchase-money paid?—Always 
 
 p ' 442 ‘ to the out-going tenant. 
 
 43. Is it recognised by the landlord?—Yes. 
 
 44. What is the effect of it upon the district ?—I think 
 it has a beneficial effect upon the out-going tenant and 
 the landlord. 
 
 45. What is the effect upon the in-coming tenant?— 
 Sometimes he borrows money to pay the purchase-money, 
 in Avhich case it has a very injurious effect. 
 
 46. What is the value compared to a year’s rent for the 
 acre ?—It varies from five to twenty years’ purchase. I 
 have known as much as twenty-three years’ purchase given. 
 
 47. Did that depend upon the tenure, or what?—It did 
 not depend upon the tenure; the tenure was upon an old 
 life, and they could not calculate upon more than two or 
 three years’ purchase. 
 
 Me. John M'Caeten, Linen Bleacher and Land Agent 
 to Bean of Bromore. 
 
 Mr. John J 
 
 Land coin. 90. Arc there any instances of estates in which the 
 
 R pp.°463.4, tenant-right is discountenanced ? —I have heard of instances 
 
OPINIONS AS TO TENANT-RIGHT. 
 
 
 where the landlords laid on a certain sum themselves, and 
 did not let the tenant get more—for instance, Lord Down- pp. 403-1. 
 shire does not allow it, in most instances, to exceed £10 an 
 acre, and I have heard ot instances where the landlord 
 refused to recognise it; hut it is generally recognised. 
 
 91. .Can you state whether in those cases, in which 
 landlords refuse to recognise it, there is a difference in the 
 rent of the land ?—I do not think the rent of the laud has 
 any influence upon the landlord’s mind. 
 
 92. But may not it make a difference in the rent which 
 the tenant has to pay?—The tenant has not half the 
 bargain. The tenant being located upon the ground, must 
 accede to any terms which the landlord offers him; it is not 
 like a bargain for a horse or a cow. 
 
 93. If you were about to take a farm where the tenant- 
 right was not recognised, should you offer a less rent?— 
 
 That would not influence me in my offer to the landlord; 
 it would influence me in the sum I offered to the tenant for 
 the tenant-right. I think the tenant-right ought to be 
 established in every case where the party himself, or his 
 predecessors, had laid out money upon the land, and that 
 lie is entitled to receive payment for it from the in-coming 
 tenant. 
 
 94. Your feeling is, that where a tenant lays out money 
 in improvements, that he has a tenant-right?—He estab¬ 
 lishes a right on the land, altogether independent of the 
 landlord’s right; and I think that that right should be held 
 as sacred as the landlord’s right; it is the distinct right of 
 the tenant. 
 
 95. Do ' you practically find that that expenditure 
 ensures him a preference upon the expiration of the lease ? 
 
 A landlord seldom puts out a tenant, if lie is a substantial 
 man. 
 
 96. How do you apply the principle you have laid 
 down to a man who has built a bleaching-mill upon a thirty- 
 one years’ lease; do you think that gives him a tenant- 
 right?—Yes; and it would be very unfair to take advantage 
 of it and turn him out. I think the legislature should 
 guarantee it to the tenant, that he ought not to be put in a 
 position to ask that as a matter of courtesy which he should 
 
xcii 
 
 OPINIONS AS TO TENANT-RIGHT. 
 
 whiten, demand as a matter of right. What sum he should ask is 
 pp. 463.4. another thing. 
 
 97. Do you consider, in the case of the mill to which 
 you have referred, that, at the expiration of the lease, the 
 landlord will not charge the full rent for the premises, as if 
 the expenditure had keen originally his own?—I think it 
 very likely he would not; he would charge for some 
 increased value, hut not take advantage of the whole. 
 
 98. What do you think is the effect of the tenant-right; 
 is it beneficial or not?—I think where it is acknowledged, 
 it is beneficial; it encourages a man to lay'' out mono}', and 
 improve the land. Where it is not acknowledged, it has a 
 contrary effect. 
 
 99. With respect to in-coming tenants, may it not have 
 the effect of absorbing that capital which may he required 
 properly to stock and work the farm?—Yes; very often 
 people agree to give more than they arc able to pay, and 
 get themselves into debt; and where a man is so improvi¬ 
 dent, it has a had effect. 
 
 100. In your view, the effect of the tenant-right is 
 different, as to the in-coming and the out-going tenant?— 
 Yes; an in-coming tenant, who keeps the thing within 
 proper hounds, is only purchasing that which is fairly 
 valued in the market; another may he imprudent, and offer 
 more than lie is able to pay for it. 
 
 • 101. Is it usual for landlords to make any objection to 
 the in-coming tenant, except he is in had circumstances or 
 of bad character ?—I think the landlord always considers 
 he has a right to be satisfied as to the tenant, and some¬ 
 times political considerations influence the landlord upon 
 the subject. 
 
 102. Should you say that, in many instances, political 
 or religious considerations operate ?—Not often. I think I 
 have known a man refused on religious grounds. 
 
 103. Is that common?—Not very common; for the 
 bulk of the people being Protestants in tins part of the 
 country, the thing does not often occur. 
 
 104. What is the usual value of the tenant-right, as 
 compared with cither a year’s rent or by the acre ?—I 
 think the usual value of the tenant-right, where the im¬ 
 provements in the buildings are not very considerable, is 
 
OPINIONS AS TO TENANT-RIGHT. 
 
 NClll 
 
 about £10 an acre, or half the purchase of the rent in fee 
 simple. The way I calculate it is this, land let at 20s. an pp. 463-1. 
 acre, as the acreable rent, bought at £10 an acre, the in¬ 
 terest of which is live per cent, would be at half the acre- 
 able annual rent. 
 
 105. Is the value, of the tenant-right affected hy the 
 tenure ?—I think it is not at all affected by the tenure, if 
 tire landlord has publicly acknowledged the tenant-right, so 
 as to satisfy the purchaser that the same favour would be 
 extended to him on going out again. 
 
 106. Is the value of the tenant-right increasing or 
 diminishing?—It is decreasing since Sir Robert Peel’s 
 tariff. It was on the increase previous to that; but it has 
 been on the decrease since. 
 
 107. What is the general rate at which it is purchased 
 from a tenant having a lease; is it more than twenty years’ 
 purchase?—I have known it more than twenty-five years’ 
 purchase; in fact, in buying a lease, they buy the interest 
 in the lease, and they buy the tenant-right besides. It is 
 not buying the actual thing upon the face of the lease, but 
 they look at the tenant-right in addition. They would say, 
 
 “ This lease is worth £100; the tenant-right is worth ano¬ 
 ther £100; I will give £200 for it, if the tenant is ac¬ 
 knowledged.” 
 
 108. Supposing the tenant-right to be worth about ten 
 years’purchase, what would be the rate of purchase for the 
 whole interest ?—About fifteen years’ purchase for the lease, 
 making 25 years altogether. These ideas are very seldom 
 separated; the interest in the lease and the value of the 
 tenant-right are generally taken together. 
 
 Robt. Holbeche Dolling, Esq. Maghralin, Co. Down. 
 
 64. Is the tenant-right, or sale of good-will, recognised E.Hoibecho, 
 
 , TA-t, - 11 Dolling,Esq. 
 
 m the country r—Almost universally. Land com, 
 
 65. To whom is the purchase-money paid?—To the B £ p j£; 
 out-going tenant. 
 
 66. What is the effect of the sale of the tenant-right; 
 has it a good effect upon the country ?—The sale of the 
 tenant-right is the happiest tiling which has happened in 
 this part of the country, and for these reasons—in the first 
 
xciv 
 
 OPINIONS AS TO TENANT-RIGHT. 
 
 DoffioeEsci’ pl acc i I think it prevents agrarian outrage, as the out-going 
 p. 472.’ ’ tenant always has a sum of money; and, in the second 
 
 place, tills right having been once recognised, it effects, in 
 my opinion, a lower rate of rent; but it perfectly seciues 
 the landlord, because the in-coming tenant always deducts 
 the arrears out of the purchase-money, and pays it to the 
 landlord, and hands the balance over to the out-going tenant. 
 
 67. Did you ever know an instance of the arrear of 
 rent exceeding the amount paid for the tenant-right?—I 
 do not recollect such a case. Generally the out-going 
 tenant receives a sum at least equal to live or six years’ 
 rent, over and above the arrear, which may amount to, 
 perhaps, two or three years’ rent. 
 
 68. Does the tenant-right exist on the estate of Lord 
 Hertford ?—I believe so. 
 
 69. Does it bear a higher rate there than on the adjoin¬ 
 ing estates ?—I should say not. 
 
 70. What should you say was the value or selling price 
 of the tenant-right?—I should say, that, from five years’ 
 purchase I have known it to go as high as fifteen years’. 
 
 71. Is the value of it increasing or decreasing in this 
 country?—I think it increased very much till the year 
 1842, and since that time, since agricultural produce has 
 decreased in value, it has been rather on the decrease; but 
 it increased enormously till 1842. 
 
 John Forsyth, Esq. Land Agent, Co. Down. 
 
 j. Forsyth, 46. Is the tenant-right, or sale of good-will, prevalent 
 Land com. in the district, and to whom is the purchase-money paid?— 
 pp? 5°23-'4. It is prevalent, and the purchase-money is always paid to 
 the tenant. I never knew an instance, but upon one occa¬ 
 sion, where the landlord got any portion of the purchase- 
 money, and that was through myself. On one occasion, 
 £20 was left; and it was given to improve the houses upon 
 the place; £10 was laid out, and £10 is remaining for that 
 purpose still. 
 
 47. Have you not known any portion paid to the land¬ 
 lord where there were arrears?—Yes, the arrears are always 
 paid up. 
 
 48. Do I understand that the portion of the tenant- 
 
OPINIONS AS TO TENANT-RIGHT. 
 
 XCV 
 
 right which the tenant was to receive was kept to improve j sq Forsrth ’ 
 the farm?—Yes; hut only in one solitary instance. pp. 523-4. 
 
 49. Was any objection made by the tenant to have a 
 portion of the tenant-right appropriated in that way ?—Not 
 a bit. This tenant was a person we had had a great deal 
 of trouble with in getting the rent, for many years. It 
 was determined to get rid of him. I served him with a 
 notice to quit, and he was offered such a siun of money (I 
 think £53) for a small holding, for which he paid £8 or 
 £10 a year. I said, “ I will give you £33 or £34. The 
 rent is paid up; put that in your pocket, and-1 will retain 
 £20 to put the premises in repair.” 
 
 50. He had no lease ?—No. 
 
 51. Is the sale of the tenant-right recognised by the 
 landlords, and what is the general effect of it in the dis¬ 
 trict?—It generally procures a better tenant for the landlord 
 when it is recognised. 
 
 52. Is it usual to make an objection to the purchaser of 
 the tenant-right on political or religious grounds ?—Never. 
 
 I never knew an instance of it. 
 
 53. Can you put a value upon the tenant-right—so 
 many years’ rent or so much an acre 2—Yes; from one 
 to four or five years’ rent is often paid for the tenant-right 
 of small holdings of from three to ten acres. Larger hold¬ 
 ings are of less value, the rent being already considered 
 high enough. 
 
 54. How much would it be by the acre 2—It is impos¬ 
 sible to say, because there is so much variance in the value 
 of the land. I have heard of from 4s. to 50s. an acre; but 
 you may suppose that this land is let at what we consider 
 a very fair rent, and when either three or live years’ pur¬ 
 chase is paid down to get the tenant-right, it is already dear 
 enough let, we consider. 
 
 55. Is the value of the tenant-right increasing or dimi¬ 
 nishing, and how far is it affected by the tenure?—I think 
 it is increasing; but it is not affected by the tenure, whe¬ 
 ther at will or not. 
 
 5G. What is your opinion with respect to the effect of 
 the system of the tenant-right; is it advantageous or other¬ 
 wise 2—I would not allow it, if I could help it, and I will 
 tell you the reason. The in-coming tenant, no matter 
 
XCVI 
 
 OPINIONS AS TO TENANT-EIGHT. 
 
 x Forsyth, -(rhat measure tlie agent may take to prevent it, lias almost 
 pp . 523.4. always to pay tlie full value of tlie land. That money goes 
 out of the country to America, and it injures the in-coming 
 tenant; hut I do not know Iioav you are to avoid it; if he 
 does not pay the rent, it is not with feelings altogether of a 
 good kind, hut you are obliged just to wink at it. We 
 cannot avoid it, and we must allow it to pass. 
 
 57. Do you think that the prevalence of the tenant- 
 right, and the high price paid for it, has a tendency to 
 diminish the rent, or to cause an outcry against the rent ? 
 No; I do not think it has. Sometimes, after purchasing 
 the tenant-right, and getting in almost upon any terms 
 they could, they have said that the rent was too high, and 
 they thought that they should get a reduction, hut that has 
 not been the means of promoting it. 
 
 William Stevenson, Esq., Mount Pottinger, near Belfast. 
 
 wm.steven- 88. Does the tenant-right prevail in the counties with 
 Land Es com. which you are acquainted t —It does. 
 
 K ) P °52 t 9 3o 89 • To whom is the purchase-money usually paid ?—■ 
 lip ' ' ’ To the tenant, provided that he, on the faith of his tenant- 
 - light, has not borrowed money, and become insolvent; in 
 
 that case, the creditor of the insolvent gets payment. The 
 landlord allows the tenant-right to be sold, and the surplus 
 goes to the tenant himself, or his assignees. 
 
 90. Is the tenant-right usually recognised by landlords ? 
 Yes. 
 
 91. What, in your opinion, is the effect of that recog- 
 nitipn of the tenant-right; is it beneficial or otherwise ?— 
 It is very advantageous: it is impossible to work an estate 
 to advantage unless the landlord recognises it. 
 
 92. What is the usual value of the tenant-right, com¬ 
 pared with the year’s rent or the acreable value ?—It varies 
 very much; taking it over the country generally, I should 
 say £12 the Cunningham acre in Down. It differs in 
 Antrim; you would not get more than £8 in Antrim. 
 
 93. Is it usual for the landlord to object to the in¬ 
 coming tenant? The stipulation the landlord makes with 
 his agent is, you are to please me as to the new tenant— 
 see that he is a proper tenant. 
 
OPINIONS AS TO TENANT-RIGHT. 
 
 xcvii 
 
 94. Do political or religious considerations cause any 
 objections, as far as you know 1 Not at all in tliis country; pp. 529-30. 
 there is very little here of tliat kind of objection; we are 
 
 .all Protestants and Presbyterians. 
 
 95. Not in the county of Down?—The Catholic party 
 is very small; wc have very little quarrelling on that 
 ground. 
 
 96. Do you think that the tenant-right has any effect 
 upon the rent ?—No, not to the landlord. 
 
 97. Where a large amount is paid for the tenant-right, 
 has it a tendency to cause an outcry against the rent ?—It 
 has not; it does not cut against the landlord. 
 
 98. Is the value of the tenant-right increasing or 
 decreasing, in your opinion?—The value of the tenant- 
 right is decreasing, because the landlords have reduced their 
 rents; as the landlord decreases his rent, the tenant-right 
 will decrease in value, it brings down the value of the 
 article; the tenant-right will rise and fall with the land¬ 
 lord’s interest. If a landlord has land worth £100 an acre, 
 he will not set that ground for less than £3 or 50s.,—that 
 is to say, in the neighbourhood of towns, or town accom¬ 
 modation only—and the tenant-right of that is £30 an acre. 
 
 99. In point of fact, does not the rent, and the value of 
 the tenant-right rise and fall with the rise and fall of 
 agricultural produce ? No doubt of it. 
 
 100. Supposing an arrangement could be made, by 
 which the tenant was to receive a reasonable compensation 
 for improvements, do you think the tenant-right could be 
 done away with?—No; you would always Tiave a quar¬ 
 relling about settling the value; besides the tenant loses a 
 right to his farm, improved by his own industry, and the 
 landlord takes advantage of it. 
 
 101. I am contemplating an arrangement, whereby, if 
 a tenant improves his farm, he would have a claim against 
 the landlord for compensation ?—If the farm is not improved, 
 the tenant-right still exists. 
 
 102. Is the tenant-right affected by the tenme, where 
 there is a lease or where there is none ?—Very little indeed. 
 
OPINIONS AS TO TENANT-EIGHT. 
 
 xcviii 
 
 Alexander Miller, Esq., Land Agent and County 
 Treasurer, Co. Antrim. 
 
 Esq. ’ GO. In your own neighbourhood of Ballycastle, what is 
 
 LJ Kcport™’ your own opinion of the state of the tenant-right; is it 
 i>.6i6. restricted there, or is it higher or lower?—I think it 
 
 bears a fair proportion to other places; I know of very 
 little difference. 
 
 61. What is your opinion generally, on the whole, as 
 to the tenant-right; is it advantageous or otherwise ?—I do 
 not know exactly as to its being advantageous; I think it 
 equitable. 
 
 C. J. Knox, Esq., Agent to Clotlmorkerd Company, Co. 
 
 Londonderry. 
 
 c. j. Knox, g2. Is the tenant-right prevalent in the district, and is 
 
 ^Report"’ ^ recognised by the landlord?—It is prevalent in the 
 p. 653. district, and it is recognised by my employers. In the 
 present state of the tenantry of this country, it is not only 
 judicious to allow the sale of tenant-right, but I think it 
 would be cruelly unjust to prevent it—unjust, because the 
 tenantry and their forefathers have been permitted to make 
 all the permanent improvements at their own expense— 
 and judicious, because with the poorer class it is the best 
 security against the dilapidation of the premises, the price 
 of the tenant-right always being in proportion to the con¬ 
 dition of the farm. 
 
 James Sinclair, Esq. Holy Hill, near Strabane, County 
 Tyrone. 
 
 j. Sinclair, 16. Is the tenant-right, or sale of good-mil, prevalent 
 
 La'ndcom. in the district; and to whom is the purchase-money paid ? 
 Report. J n this district, as long as I remember, and for a great 
 length of time, as far back as the plantation of Ulster, the 
 tenant-right has been respected, and has been valuable only 
 to the tenant. 
 
 17. Is there any trace how it originated in this country? 
 The notion is, that it originated in the manner in which 
 the settlement of Ulster was made. The settlement here 
 was quite a feudal settlement. The tenants in capite got a 
 certain portion of land, on condition that they were to 
 
OPINIONS AS TO TENANT-EIGHT. 
 
 XClX 
 
 sublet to under tenants a portion, for three lives and ^ 6 ® inclair ' 
 twenty-one years, upon strictly feudal terms, to be ready "p.7J. 
 with arms to defend the place; and it appears to me that 
 we can trace, from all that I see about the matter, the pre¬ 
 sent indefeasible tenant-right up to that: for those who were 
 settled by the original patentees were in some sort fosterers 
 or kindred, and were then engaged in the defence of the ■ 
 country, and became rather a kind of friendly tenant than 
 a tenant for money; aud I think from that time to this the 
 tenant-right lias been continued, and in no way altered by 
 law but by custom. 
 
 18. Do you think it arose from those persons so brought 
 in haring, in the first instance, built those dwellings and 
 houses themselves ?—Yes, I think so; and being connected 
 with the original patentees in a closer way than the mere 
 connexion of a tenant with a landlord. 
 
 19. You spoke of tenants improving very greatly, in 
 the confidence that they shall not lose; do you think that 
 the existence of the tenant-right gives them that confidence, 
 and that they look to be remunerated by the sale of it?— 
 
 I am sure of it. 
 
 20. Is that confidence entertained by the party imme¬ 
 diately below the tenant?—If you go down to the cottier, 
 
 I say no. I think the cottier is badly treated here. But 
 the immediate tenant has a perfect confidence, and it is a 
 justifiable one, in the landlord, uniformly. 
 
 21. What, in your opinion, is the .effect of the tenant- 
 right upon the country?—It has some advantages, and 
 certainly some disadvantages. One disadvantage is quite 
 plain, that the tenant-right is frequently sold for a sum of 
 money which is borrowed, and which hangs as a heavy 
 weight upon the in-coming tenant, sometimes to his ruin. 
 
 But that being out of the way, I think the tiring is a very 
 valuable and useful custom. 
 
 22. Can you give any statement of what you consider 
 the price or value of it, compared to the year’s rent or the 
 acre ?—I do not believe there would be any general rule; 
 but within this fortnight, a man in a mountain district that 
 belongs to myself, came for some timber to build a house. 
 
 I had never seen him, nor heard of him before; but on 
 
OPINIONS AS TO TENANT-RIGHT. 
 
 E S q inclidr ’ inuring who he was, I. learnt he had given £80 for a farm 
 P . 7u. without a lease, that paid £3 a year. 
 
 23. In general, is the sale made without reference to 
 the landlord in that way ?—I think not, generally, now; 
 hut until very lately it was. The landlord was seldom 
 consulted. 
 
 24. Has there been attempt on the part of the landlords 
 to regulate it ?—Yes, some landlords have attempted it— 
 not very successfully; and others are doing it with a great 
 deal of success; though it is in progress now to he hy 
 custom regulated advantageously for all parties. 
 
 Edward Sproule, Esq., Go. Tyrone. 
 e. Sproule, 20. Is the tenant-right recognised in the district 2—Yes, 
 Land com. it is; it prevails under most of the good landlords. The 
 R |?78a purchase-money is paid to the out-going tenant after the 
 arrears to the landlord have been discharged. It is recog¬ 
 nised by most of the landlords, and its effects are rather 
 beneficial than otherwise to the landlord. It gets up arrears, 
 and he gets abetter tenant with some capital, and with fresh 
 spirit. To the tenantry it affords the only security which 
 now exists for remuneration for the improvements they 
 have made in their buildings, their fences, and their drains, 
 which are all made at their own expense generally. 
 
 21. What is the value of the tenant-right, as compared 
 with the year’s rent or per acre?—It runs from four to 
 . eight and even ten and twelve years' rent, and has been 
 known to go as high as fifteen; that Avas in the Avar time. 
 It is rather decreasing now, not from any decrease in the 
 value, but from the increase of the value of money. It is 
 not much affected by tenure. The character of the pro¬ 
 prietor, and the principles upon which his family conduct 
 their reneAvals, have more influence than the term of the 
 tenure. The price given has often been as high for a farm 
 held at will as for others under lease.