Butt's  Bill,  wherein  provisions  are  set  forth  purporting  to  enable
'  the  occupiers  of  land  to  obtain  certain  and  secure  tenures.'  Clause
33  of  the  Bill  provides  that  the  chairman  shall  give  to  a  tenant
a  'declaration  of  tenancy,'  and  shall  therein  specify  the  rent  to
be  paid  by  him  in  respect  of  such  premises.  Clause  45  provides
that  when  the  landlord  and  tenant  shall  not  agree  upon  the  rent
to  be  so  specified,  '  the  same  shall  be  left  to  the  decision  of  three
arbitrators.'

"Now,  how  is  a  tenant  to  obtain  a  'declaration  of  tenancy,'
specifying  the  rent  which  he  is  to  pay  for  his  holding  1  How  is  he
to  obtain  the  benefit  of  Mr.  Butt's  measure  1  By  bringing  an  action
against  his  landlord !  In  the  first  place,  he  should  serve  notice  of
claim  upon  the  landlord,  then  file  this  claim,  as  claims  are  now  filed
under  the  Land  Act,  and  when  the  claim  was  so  filed  the  case  as
between  landlord  and  tenant  would  be  ripe  for  hearing.  The  judge
is  empowered  to  specify  in  the  declaration  of  tenancy  the  rent  as
fixed  by  the  arbitrators.  But,  suppose  the  landlord  is  dissatisfied
with  the  rent  so  fixed,  he  may  appeal  to  the  assizes,  and  should  the


2o4  THE  IRISH  NATIONAL  LAND  LEAGUE  ix

decision  of  that  tribunal  be  adverse,  he  may  bring  the  suit  to  the
Court  of  Land  Cases  Eeserved.  Nor  is  that  all,  for  even  when  a
declaration  of  tenancy  is  obtained  the  landlord  would  have  the  right
to  apply  to  a  court  of  equity  to  set  aside  the  said  declaration  of
tenancy  on  the  ground  of  fraud  (clause  42).
