In a case of substantial significance, the Land Commission convened under the jurisdiction of Mr Justice Fitzgerald, presiding over the matter concerning Patrick Ryan, the tenant, and Ulick Bourke, the landlord. The focus of the case was a holding encompassing 41 acres, 3 roods, and 34 perches, situated near Lispagry, County Limerick. The original rent for this holding was stipulated at £26 15s, yet the Civil Bill Court had revised this to a fair rent of £32 10s. Challenging this adjustment, Mr R. L. Browne, the head landlord, had lodged an appeal.
The courtroom saw legal representatives in attendance, each diligently advocating their respective positions. Mr F. M. Fitt appeared on behalf of the tenant, while Mr R. R. Cherry, QC (instructed by Mr Blackall), represented the landlord, Mr Ulick Bourke. Mr Phelps (instructed by Mr Blood-Smyth) took up the mantle of representation for the head landlord, Mr R. L. Browne.
Mr Fitt outlined the historical context of the holding, which was originally part of a larger expanse of land measuring 1604 acres, 2 roods, and 22 perches. The lease, granted by the late Mr Richard Bourke of Thornfield to Patrick Ryan, extended for a period of 31 years commencing on August 1, 1877, with an initial rent of £210. However, this sum had never been fully settled, with only £200 paid during the first eight years. In 1885, an agreement was reached to reduce the rent to £140, which had been maintained since then.
The lease referred to the holding as “the farm known as Rabeen,” comprising Ballinagowan, Clyduff, Raheen, and Bideford, totaling the acreage specified. Recent developments, following the demise of Mr Richard Bourke, had led to discussions between Ryan and the current landlord, Ulick Bourke. It had been suggested that Ryan serve an originating notice to initiate a new phase of negotiation. Mr Fitt communicated with the agent, Mr Cecil Vandeleur, who proposed surrendering a portion of Raheen’s lands. This led to an agreement where Ryan surrendered 2 acres of land and subsequently repurchased it under a grazing arrangement. Additionally, Ryan was to buy the remaining portion of Raheen under the Act of 1903.
Further considerations were addressed, including negotiations for the rental values of Ballinagowan and Clyduff. The head landlord, Mr R. L. Browne, was not directly involved in the appeal related to Clyduff. Mr Fitt highlighted the subsequent interactions between the parties, culminating in agreements to fix a fair rent for Raheen and Ballinagowan.
Testimonies and evidence were presented on both sides, with Mr Phelps challenging the legitimacy of fixing a fair rent for the portion of the holding that had been previously earmarked for surrender. The court deliberated on the application of the 17th section of the Act of 1896 in this context.
Justice Fitzgerald reserved judgment, signifying that this case carried broader implications for tenant-landlord relations and the application of relevant statutes. The courtroom’s attention remained fixated on the proceedings, as both sides sought legal clarity in a matter pivotal to land reform and tenancy practices.
Limerick Echo – Tuesday 10 October 1905
