We have seen in a former chapter that the people of Londonderry, vexed that the maiden city has been left so far behind her younger sister, ascribe the difference to the fact that the Belfast manufacturers were favoured with long building tenures. We hear it said often that the Marquis of Donegal gave his tenants perpetuity leases, implying that he acted very liberally in doing so. If, however, you speak to persons acquainted with the local history, they will ascribe this advantage to ‘Lord Donegal’s necessities.’ If you ask an explanation of this phrase, you will be told that towards the end of last century, and later, Lord Donegal was obliged to adopt extraordinary methods for raising money, and that the perpetuity leases in question were purchased, and at a very high rate too. You will further learn that the tenants were compelled to take the leases, and pay heavy fines for them in lump sums, and that if unable to produce the money they were evicted, and their farms were given to others who were able to pay. It is alleged that his agent got leases in blank, ready to be filled up when the cash was forthcoming, and that all the cash did not reach the landlord’s hands. At any rate, attempts have been made to break some of the leases. There has been long pending litigation on the subject. Whatever may be the defects of title on the part of the landlord, the tenant must suffer. Dr. Hancock alludes to this fact in his 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?’