|COMMON PLEAS DIVISION.|
(Before Chief Justice Monahan and Mr. Justice Harrison.)
Lucy Anne Thompson v. Patrick and Michael Ahearne.
|This was an action for the recovery of the lands of Knockmaclough, situate midway between the towns of Listowel and Castleisland, in the county of Kerry. Mr. J. C. Lane moved for liberty to substitute service of the writ of summons. It had been attempted to effect personal service, for which purpose the process-server proceeded towards the lands under an escort of military and police, but it was intercepted by the digging of a deep dyke, which had been dug across the road, into which some ambulance waggons fell, and several soldiers were severely injured. The locality is mountainous and rugged, and no process-server could now be got to act in it. The Court granted liberty to substitute service through the post, and by affixing a copy of the writ on the market house at Listowel.|
|THE LAND COMMISSION COURT|
| The Sub-CommissionersMr. R. R. Kane,
Colonel Bayley, and Mr. Richard Garlandsat this morning at 12 o'clock in the Courthouse.
. . .
Peter Ahern was the next applicant. His holding consisted of 30 acres, situate at Ballymakeogh. The rent was £37 14s 2d, and the valuation £28 10s. In reply to Mr. Connolly, applicant stated that he had drained 11 or 12 acres of the lands, that it was wet and a quantity of it bog, and the rent was too high. The same tenant applied to have a fair rent fixed in respect of a bog held by him also at Ballymakeogh, which, according to his testimony, had all the bad qualities of the bog in the preceding case. It consisted of 45a ; rent £20.
The third applicant was Joseph Ahern, who holds 26 acres at a rent of £35 1s 6d, the valuation being £22 15s. Michael Ryan valued the property at £20 12s 6d. Mr. Wm. Ryan, landlord of the property, was then sworn generally with regard to all the cases, and swore that he had not raised any rents for 40 years.
. . .
Mr. Ryan further swore that there was a parole agreement between Peter Ahern and himself to have a lease made out for the bog holding, but it had never been carried out.. Peter Ahern stated that there was some talk about a lease, but he never said he would take one. Mr. Matheson contended that this was a valid agreement for the letting of land, and by the 21st Section the applicant was ousted from benefit under the Act. An agreement for letting of land for twenty-one years must be in writing, subject to this that if it were accompanied by part performancesuch part performance the Courts of Equity had hitherto recognisedthen it was a valid agreement in this sense, that either of the parties could at any time enforce the specific performance of it. The question then arose, what was a part performance.
Mr. Commissioner Kane was understood to say that the entry on the lands was abundant part performance. Mr. Matheson concurred, and argued that the agreement was a valid one, binding on all parties, and being such it was excluded by the 21st section from the operation of the present Act until the term of 21 years expired.
Mr. Connolly urged that no valid agreement existed. His client never agreed to take a lease. All that took place with regard to one is very candidly stated by Ahern. That the landlord said"I will give you a lease." No attempt has ever been made to frame one and the tenant had never been spoken to again on the subject, though that was eighteen years ago. In such a case, after such laches on the part of the landlord, the commissioners could not hold the tenant bound by what had taken place. Mr. Commissioner Kane said laches only arose when some occasion for enforcing performance was passed over. Mr. Dundon produced a summons and plaint which had been served by the landlord upon Ahern for rent, and in which he was described as a tenant from year to year. The reading of the plaint was greeted with loud cheering in the court.
Mr. Shepherd, solicitor, said the civil bill tribunal could not recognize an agreement unless it was in writing and the description of "tenant from year to year" in the summons was the only way in which the tenant could have been brought into court. Mr. Commissioner Kane also expressed his belief that they did not recognize parole agreements. This was really a serious question, because it might arise in a number of cases again.
|THE SUB-COMMISSIONERS COURT.|
DECISIONS AT NENAGH
| The Sub-CommissionersMr. R. R. Kane,
Colonel Bayley, and Mr. Richard Garlandresumed the business of the court for the district of County
Tipperary this morning at ten o'clock.
Re the property of W. Ryan, J.P.
At the sitting of the court, Mr. Commissioner Kane, saidWe are now prepared to give judgment in the cases on Mr. Ryan's estate (Ballymakeogh, near Newport). There are five cases upon the propertythose of Matthew Ryan, Patrick Ryan Long, the two holdings of Peter Ahern and one of Joseph Ahern. These have, in one respect, very different considerations applicable to them, and form themselves into two classesthe old and the new lettings. The old lettings are the cases of Matthew Ryan, one of Peter Ahern's cases and Joseph Ahern's case. No question except the question of value arises in the three cases of the old holdings. The more question is, what is the amount of the fair rent to be fixed.
. . .
In the case of Peter Ahern's old holding and that of Joseph Ahern's, they are of very much the same quality as Matthew Ryan's, but they are higher, and, though still wet, not so liable to be flooded. The present rent of Peter Ahern is £2 2s 6d an acre, making a total rent of £37 14s 2d, and that of Joseph Ahern £35. The judicial rents we shall fix in these cases arePeter Ahern, £31, and Joseph Ahern, £28. [see also: The Times, 8 December 1881]
|THE COERCION ACT|
|Edward Ahern, suspect, of Drumcollogher, was released from Limerick Jail on Wednesday.|
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