THE FAIR KENT PROVISIONS OF THE IRISH LAND ACTS Ilc) 



of the lyand Acts is there even a definition of the term " fair rent. " The 

 fair rent clauses of the Act of 1881 apply only to " present tenancies, " 

 i. e., tenancies existing at the passing of the Act, and were extended to lease- 

 holds in certain cases by the Acts of 1887 and 1891. 



§ 5. How FAIR RENTS ARE FIXED UNDER THE ACT OF 1881. 



Before we examine what principles, if any, of fixing fair rents have 

 been laid down in practice, let us consider the machinery established by 

 the Act for fixing fair rents. 



The Land Commission constituted by the Act consisted of a Judicial 

 Commissioner and two other Commissioners who were authorised to deleg- 

 ate their powers (except as regards apj)eals) to Sub -Commissions formed 

 by Assistant Commissioners appointed by the lyord Lieutenant. The Sub- 

 Commissions consisted of two or more lay Assistant Commissioners, who 

 were persons with a practical knowledge of land, and a legal Assistant 

 Commissioner, who acted as Chairman. The system of hearing cases was 

 described by Commissioner Bailey, who was Chairman of a Sub-Commission 

 before his appointment as an Estates Commissioner, as follows : 



" The system is that the Chairman sits with his lay colleagues in court 

 to hear the cases. When a case is called the tenant gives evidence respecting 

 the various improvements which he or his predecessors have made, and 

 evidence of value generally, examining his witnesses. Then the landlord 

 examines his witnesses, and if he claims any of the improvements he gives 

 evidence accordingly. It was my duty then to decide on the legal effect 

 of that evidence, and how the improvements were to be distributed in the 

 fixing of the rent, and then my lay colleagues proceeded with the business 

 of inspection. I moved on to another district, and the lay commission 

 visited each holding with their note books containing their notes of the evid- 

 ence and my rulings. They then drew up what is known as the pink sche- 

 dule setting forth the particulars of the valuation. They met me again 

 when I came back to that district and submitted these schedules to me, 

 and I would go over and examine them to see that the evidence was followed, 

 and that the improvements and other matters were properly dealt with. 

 After a consultation — sometimes on value — • we would fix what we con- 

 sidered a fair rent. " 



Fair rent cases can also be brought in the Civil Bill Court before the 

 County Court Judge, who has a valuer who visits the farm and furnishes 

 the Judge with a report thereon to assist him in coming to a decision on the 

 case. An appeal lies to the Land Commission itself from both the Sub-Com- 

 missions and from the County Court Judges. 



There were three other courses open to persons seeking to have fair 

 rents fixed besides proceeding in the Court of the Land Commission or in the 

 Civil Bill Court. 



