Reports of One Hundred & Ninety Cases in the Irish Land Courts: With Preliminary Tenant-right Chapters

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J. Falconer, 1876 - Land tenure - 554 pages
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Page 369 - I have been long and deeply impressed with the wisdom of the rule, now, I believe universally adopted, at least in the Courts of Law in Westminster Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid...
Page 443 - Exchequer], that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: — 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth. And, 4th. The true reason of the remedy...
Page 362 - The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed ; and this has been done upon the principle of presumption, that, in such transactions, the parties did not mean to express in writing the whole of the contract by which they intended to be bound, but a contract with reference to those known usages.
Page 182 - Where any tenancy at will or less than a tenancy from year to year, is created by a landlord after the passing of this Act, the tenant under such tenancy shall on quitting his holding be entitled to notice to quit and compensation in the same manner in all respects as if he had been a tenant from year to year...
Page 89 - Donegal, was proposed, when its leases had expired, to be let only to those who could pay large fines; and the agent of the Marquis was said to have exacted extravagant fees on his own account also. Numbers of the former tenants, neither able to pay the fines nor the rents demanded by those who, on payment of fines and fees, took leases over them, were dispossessed of their tenements, and left without means of subsistence. Rendered thus desperate, they maimed the cattle of those who had taken their...
Page 407 - The correlative right of the landlord periodically to raise the rent, so as to give him a just, fair, and full participation in the increased value of the land ; but not so as to extinguish the tenant's interest by imposing a rack rent.
Page 444 - ... is that it is a lease for two years certain, and that every year after it is a springing interest arising upon the first contract and parcel of it, so that if the lessee occupies for a number of years, these years, by computation from the time past, make an entire lease for so many years, and that after the commencement of each new year it becomes an entire lease certain for the years past and also for the year so entered on, and that it is not a reletting at the commencement of the third and...
Page 169 - In fact, it is one of the sacred rights of the country, which cannot be touched with impunity ; and, if systematic efforts were made amongst the proprietors of Ulster to invade tenant-right, I do not believe there is force at the disposal of the Horse Guards sufficient to keep the peace of the province...
Page 431 - In Scotland, and most of the Continental States, the Judges determine upon the facts in dispute as well as upon the law ; and they think there is no danger in their listening to evidence of hearsay, because when they come to consider of their judgment on the merits of the case, they can trust themselves entirely to disregard the hearsay evidence, or to give it any little weight which it may seem to deserve. But in England, where the jury are the sole judges of the fact, hearsay evidence is properly...
Page 234 - A remedial act shall be so construed as most effectually to meet the beneficial end in view, and to prevent a failure of the remedy.

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