THE FAIR RENT PROVISIONS OF THE IRISH IvAND ACTS 121 



even uniformity of valuation ; but the fact that there were no such 

 instructions to the Assistant Commissioners engaged in fixing fair rents, 

 and that no general principles were laid down for their guidance, certainly- 

 exposed the Land Commission to the bitter attack of the Committee to 

 which I have referred, in whose Report the following passage occurs : 



" The combined operation of the functions of the Sub-Commissioners and 

 Commissioners appears to be such that, whereas it was supposed that a 

 tribunal was created for the purpose of dealing judicially with exceptional 

 cases of excessive rent, there has been set in motion a process of valuation 

 of rent for the whole of Ireland and of compulsory letting at that valuation, 

 in which the work of valuation is done by two Sub-Commissioners without 

 any professional or technical qualification ; wihout any principle, standard, 

 or nile, for their guidance ; with no obligation to explain the grounds of 

 their decisions, and with an appeal that is little better than illusory." 



This indictment is so sweeping that it defeats itself, but the absence 

 of any principle of valuation has made each valuer a law unto himself, 

 and landlords and tenants have never been able to ascertain clearly on 

 what principles fair rents have been fixed, with the result that both parties 

 have felt aggrieved. 



In his evidence before the Congestion Commission (Q. 16383) Commis- 

 sioner Bailey states : 



" I have always thought that if the Act of 1881 had been operated in a 

 more satisfactory way, one that did not leave such dissatisfaction and com- 

 plication — every few years you had a new amending Act — • it probably 

 would have solved the Irish land question." 



The Commissioners did, however, require the Assistant Commissioners 

 to fill up a schedule for each holding, after inspection, showing the acreage 

 of the different classes of pasture and tillage lands on the holding, the amoimt 

 allowed to tenant and landlord for improvements, the amount added for 

 proximity to markets and railways, or deducted for remote position as the 

 case might be ; and also stating whether the holding was used in the manner 

 best suited to its productive power, and whether the soil showed traces 

 of improvement or deterioration. This schedule was amplified on several 

 occasions until it was incorporated in the Act of 1896. Section i, Sub- 

 section I, of that Act (i) lays down that the Court in fixing a fair rent 

 is to ascertain and record certain particulars in the form of a schedule, 

 a copy of which on application is to be sent to each party. This schedvile 

 (a copy of which will be found at page 1 28) is generally known as the Pink 

 Schedule from the colour of the form on which it is printed, and since 

 its introduction, if the principles of valuation are still undetermined, the 

 parties have at least full information as to the particulars on which the fair 

 rent is based. Chief Baron Palles' comment on this Section is as follows : 



" The intention of the Legislature was that the Court should, before it 

 determines and as incidental to determining the amoimt of the fair rent, 

 ascertain the various particulars mentioned in Clauses (a) to (f) of the Sub- 



(i) See page 128 for copy of this subcsction. 

 9 



