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!! Times; July 11, 1870 "Ireland"

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  • Cathy Joynt Labath
    The Times London, Middlesex, England July 11, 1870 IRELAND (From Our Own Correspondent) Dublin, July 2. Four landlord and tenant cases have occupied the law
    Message 1 of 1 , Feb 6, 2005
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      The Times
      London, Middlesex, England
      July 11, 1870

      (From Our Own Correspondent)
      Dublin, July 2.
      Four landlord and tenant cases have occupied the law courts during the last
      few days. In one before the Queen's Bench Mr. Connell, who had been a
      weighmaster and bailiff under Captain Peyton, a gentleman of property in the
      County Leitrim, brought an action for trespass, and also claiming a penalty of
      50l. for corrupt practices at an election. The dispute arose out of the last
      contested election in 1865. The plaintiff had been directed to tell the tenants
      to vote for Colonel Gore and Mr. Tennyson, but with few exceptions, they voted
      for Mr. Brady, and the defendant was so incensed that he dismissed the plaintiff
      and also his land agent, and also evicted Connell from his lands and office. A
      technical defect occurred in the decree, and the Sheriff took possession of more
      than he was entitled to, although warned by the plaintiff, but he was
      indemnified by the defendant's agent. The plaintiff swore that the defendant
      told him it would be better for him to give up even his leasehold land and leave
      the country, for the defendant would injure him in every way he could. This
      statement Captain Peyton positively denied, though he admitted he was very
      angry, because he believed that the plaintiff had disobeyed his orders. He
      stated that he resided in London and was in the habit of visiting his property
      about once a year. The jury returned a verdict for the plaintiff, with 40l.
      damages, upon two counts. A nolle prosequi was entered upon the third, which
      related to the alleged corrupt practices. In the course of his reply for the
      plaintiff, Mr. R. M'Donnell, Q.C., read the following schedule, which, he said,
      showed the dealing between one Irish landlord and one tenant during three and a
      half years:-
      "Election, July, 1865,
      "Connell dismissed from situation of bailiff two days after a notice to
      quit for Clooney and Laheen, November, 1865.
      "A notice to quit for Loughseur and Rosgarvin, same time.
      "Opposite crane erected, spring, 1866.
      "First offer of market rent if crane removed, October, 1865.
      "Two writs issued for Clooney and Laheen, and Loughseur and Rosgarvin,
      January, 1867.
      "Two trials and verdicts for Connell, March, 1867.
      "Two offers of market rent on the same terms, April, 1867.
      "Civil bill for market tolls (non-payment), April 5, 1867.
      "Civil bill decree for tolls, April 7, 1867.
      "Possession taken, April 17, 1867.
      "Three notices to quit for Gowley, Clooney and Laheen, and Loughseur and
      Rosgarvin, April 20, 1867.
      "Civil bill for Gowley dismissed, January, 1868.
      "Civil bill decree for Clooney and Laheen, January, 1868.
      "Possession taken of Clooney and Laheen, February, 1868.
      "Demand of possession and new civil bill for Gowley, December, 1868.
      "Decree for Gowley, January, 1869.
      "Receipt of rent for Gowley, to November, 1868, January 25, 1869.
      "Possession of Gowley taken, March 2, 1869.
      "Civil bill ejectment for Loughseur and Rosgarvin, 1870.
      "Decree for same, 1870."

      In a cause heard before Justice Keogh, in the Common Pleas, Mr. Dudley
      Persse, of Galway, sued Mr. Malcolmson, of Carlow, for 760l., rent alleged to be
      due for certain lands of which the defendant was a tenant at a rent of 2l. 5s.
      per acre. By the terms of the agreement between the parties the defendant was
      allowed 17 acres of meadow land each year for stock, but the hay was to be
      consumed upon it and not removed under a penalty of 3l. a ton. He was not to
      break or till any of the lands then in grass under a penalty of 20l. an acre,
      and was to keep the works and fences in good repair, while the plaintiff
      reserved to himself all royalties, the rights of shooting, and of cutting
      timber, and to have a house on the lands for his herd. The defendant did not
      dispute the agreement as to the acreage rent, but contended that it was not to
      include plantation, or land shadowed by plantation, and he lodged 170l. in court
      as sufficient to meet the just claim of the plaintiff. An unsuccessful attempt
      was made to effect an arrangement of the case, and the defendant expressed his
      willingness to compromise it, but on the part of the plaintiff it was declined.
      It was stated that the lands were infested with rabbits, that a considerable
      portion was rendered useless by plantations, and that in the cutting down of
      trees by the servants of the plaintiff breaches were made through which the
      defendant's cattle trespassed upon the plaintiff's land and that the defendant
      was then summoned and fined at the suit of the plaintiff. It also appeared that
      a writ was served on the 4th of May for rent due on the 1st. This proceeding Mr.
      Justice Keogh characterized as sharp practice. It was alleged by the defendant
      that a regular survey of the lands had been made and the rent fixed before the
      letting, and the Judge left it to the jury to say whether this was so. The jury
      found for the defendant, with 6d. costs. Execution was respited, Mr. Serjeant
      Armstrong relying upon the terms of the agreement as giving the plaintiff a
      legal right. Another case of a different character came before the same Judge.
      It arose out of the murder of Mr. Baker some 18 months ago. Ejectment
      proceedings were then pending against Dwyer, a tenant on the lands. It stood
      over until the spring assizes, and a consent was then given that the defendant
      should be allowed to remain in possession until the 1st of May, and should then
      give up the lands. He has repeatedly refused to do so, and attempted to evade
      services of law notices. An application was made that an habere should be issued
      to put the plaintiff in possession, and an attachment for contempt against
      Dwyer. Judge Keogh made an order requiring the defendant, within three weeks, to
      show cause why the defense filed to the ejectment proceedings should not be set
      aside, and judgment for the plaintiff to recover possession.

      The strike in the South has extended to Youghal. The laborers have struck
      work there, and paraded the streets in threatening masses. Great excitement
      prevailed up to last night, but no actual violence has been committed. In Cork
      one of the tailors on strike, named Lynch, was convicted yesterday before the
      Recorder of having a revolver in a proclaimed district, and was sentenced to two
      years' imprisonment.

      Cathy Joynt Labath
      Ireland Old News
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