The Land-War In Ireland (1870) - A History For The Times by James Godkin
page 433 of 490 (88%)
page 433 of 490 (88%)
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first report. Referring to Sir John Romilly's Leasing Powers Bill, he
says:-- 'The details of these Bills it is not necessary now to refer to; but there was one principle provided for in them which has been neglected in subsequent measures. In the ordinary course of business a tenant does not investigate his landlord's title; the cost of doing so would be nearly always too great; besides, the landlord would not think of consenting to the investigation on every occasion of granting a lease. It follows from this that it is a great hardship, if a flaw should be discovered in a landlord's title, that leases granted before the tenants had any notice of the litigation should be bad. Take the case of the estate which the late Duke of Wellington and Mr. Leslie recovered from Lord Dungannon after he had been for years in possession; or the case which is now pending for so many years between the Marquis of Donegal and Viscount Templemore. Is it not a great hardship that leases which tenants took, trusting in the title of Lord Dungannon or Viscount Templemore, who were then visible owners of great estates, should afterwards turn out to be worthless on some point of law in title-deeds which they never had the opportunity of seeing; and which may be so subtle as to take Courts of Law years to decide?' Dr. Hancock says the principle that in such cases the tenant should be protected, was neglected in subsequent measures. Now, what must the tenants think of legislation that subjects them to be robbed of their dearly-bought leases because of flaws, frauds or blunders with which they could have nothing to do? The leases granted to the tenants of Lord Donegal, however, in Belfast and the neighbourhood were generally valid, and to these perpetuities we must undoubtedly ascribe the |
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