The Irish Land LawsMacmillan, 1881 - 129 pages |
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Expressions et termes fréquents
acres action agreement annum arrears assignee bail bailleur chose louée claim Code Napoléon compensation for disturbance compensation for improvements contract county cess Court of Chancery covenant crop determination ejected for nonpayment emblements English law entitled equitable evicted existing farm fee simple feudal fixed fixity of tenure French Law hiring of land holding hypothec implied IRISH LAND ACT Irish Law jouissance l'héritage Landed Estates Court landlord and tenant Law of Landlord lease legal relation lessee lessor letting of land lord louage ment nonpayment of rent notice to quit object occupier parties pay the rent pensation person peut Pothier premises preneur principle purchase purpose qu'il question recovery of rent relation of landlord rent-charge rights and obligations Roman Law rule statute sublet subtenants tenant in Ireland tenant's interest term tical tion trade in land Ulster Tenant Right usages Vict waste land yearly tenants
Fréquemment cités
Page 101 - It has long been settled, that in commercial transactions extrinsic evidence of custom and usage is admissible to annex incidents to written contracts in matters with respect to which they are silent. 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...
Page 101 - ... contract with reference to those known usages. Whether such a relaxation of the strictness of the common law was wisely applied, where formal instruments have been entered into, and particularly leases under seal, may well be doubted ; but the contrary has been established by such authority, and the relations between landlord and tenant have been so...
Page 29 - ... grande augmentation de valeur que le fonds a pu recevoir. Néanmoins, si les plantations, constructions et ouvrages ont été faits par un tiers évincé, qui n'aurait pas été condamné à la restitution des fruits, attendu sa bonne foi, le propriétaire ne pourra demander la suppression desdits ouvrages, plantations et constructions; mais il aura le choix, ou de rembourser la valeur des matériaux et du prix de la main-d'œuvre, ou de rembourser une somme égale à celle dont le fonds a augmenté...
Page 28 - Lorsque les plantations, constructions et ouvrages ont été faits par un tiers et avec ses matériaux, le propriétaire du fonds a droit ou de les retenir, ou d'obliger ce tiers à les enlever. Si le propriétaire du fonds demande la suppression des plantations et constructions...
Page 122 - A legislature of landlords, devising a code of laws for Ireland, has thought only of the landlord; and the ground has been cursed for his sake. Does any one need further illustration of the fundamental policy of that code ? He will find it in a passage of the standard treatise on ' The Law of Landlord and Tenant in Ireland...
Page 120 - Court shall direct, where the Court shall be satisfied that it is the usual custom of the district and beneficial to the inheritance to grant such a lease for a longer term than the term herein-before specified in that behalf : Secondly.
Page 101 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. 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...
Page 104 - The right or custom in general of yearly tenants, or those deriving through them, to continue in undisturbed possession so long as they act properly as tenants and pay their rents. 2. 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 118 - VISCO'UNT be planted shall, within twelve calendar months after such planting, lodge with the clerk of the peace of the county or county of a city where such plantation shall be made, an affidavit, sworn before some justice of the peace of the said county, reciting the number and kinds of the trees planted, and the name of the lands, in form...
Page 102 - Whether such a relaxation of the strictness of the common law was wisely applied, where formal instruments have been entered into, and particularly leases under seal, may well be doubted ; but the contrary has been established by such authority, and the relations between landlord and tenant have been so long regulated upon the supposition that all customary obligations not altered by the contract are to remain in force, that it is too late to pursue a contrary course ; and it would be productive...