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In the ordinary course of things, accordingly, the six fields of special jurisdiction the two judicial appointments in the capital and the four transmarine provinces were apportioned among the six praetors, while there devolved on the two consuls, by virtue of their general powers, the management of the non-judicial business of the capital and the military command in the continental possessions.
The influence of the senate on this apportionment of functions consisted in its having by use and wont the power of either giving effect to the ordinary rule so that the six praetors allotted among themselves the six special departments and the consuls managed the continental non-judicial business or prescribing some deviation from it; it might assign to the consul a transmarine command of especial importance at the moment, or include an extraordinary military or judicial commission such as the command of the fleet or an important criminal inquiry among the departments to be distributed, and might arrange the further cumulations and extensions of term thereby rendered necessary.
There are 114 tenants, of whom 15 hold under judicial rents; 22 are leaseholders, and 77 are non-judicial yearly tenants. There are 12 Protestants holding in all a little more than 1200 acres. All the rest are Catholics, 14 of these being cottier tenants. The estate consists of 5165 acres. The average is about £24, and the average rental about £26, 10s.
Non-judicial and future tenants to be admitted. All this information is available in Mr O'Brien's An Olive Branch in Ireland.
In November 1885 my offer of an abatement of 15 per cent. being refused, a few tenants, I believe, clubbed their rents, and for the sake of peace I then offered 20 per cent., which they accepted and paid. In October 1886 I hoped to prevent trouble by making the same offer of 20 per cent. abatement on non-judicial and 10 per cent. on judicial rents. One man took the latter abatement and paid.
Hay wrote to Minister Conger on February 3, 1900, that "The United States consuls in districts adjacent to the foreign leased territories are to be instructed that they have no authority to exercise extra-territorial consular jurisdiction or to perform ordinary non-judicial consular acts within the leased territory under their present Chinese exequaturs."
Suffice it to say that seven out of eight of the tenants' requirements were conceded outright and the eighth was covered by a compromise which would have enabled any tenant in the country, whether non-judicial or future tenants, to become the proprietor of his own holding on reasonable terms. On 4th January 1903 a unanimous report was published.
Olphert they asked a reduction of 4s. in the pound on the non-judicial rents, and this Mr. Olphert at once agreed to give them. The tenants had regularly paid their rents for ten years before. That they are not going down in the world would appear from the fact that the P.O. Savings Banks' deposits at Falcarragh, which stood at £62, 15s. 10d. in 1880, rose in 1887 to £494, 10s. 8d.
They simply demanded abatements of 35 per cent. on non-judicial, and 25 per cent. on judicial, rents as their due, on the ground that they should be treated like the tenants in Kerry: and the Plan of Campaign being by this time in full operation in more than one part of Ireland, they threatened to resort to it if their demand was refused.
The influence of the senate on this apportionment of functions consisted in its having by use and wont the power of either giving effect to the ordinary rule so that the six praetors allotted among themselves the six special departments and the consuls managed the continental non-judicial business or prescribing some deviation from it; it might assign to the consul a transmarine command of especial importance at the moment, or include an extraordinary military or judicial commission such as the command of the fleet or an important criminal inquiry among the departments to be distributed, and might arrange the further cumulations and extensions of term thereby rendered necessary.
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