Blackwood's Edinburgh Magazine, Volume 64, No. 393, July 1848Various
History
Blackwood's Edinburgh Magazine, Volume 64, No. 393, July 1848
Various
England -- Periodicals; Scotland -- Periodicals
The fact of the quantity of alienable land diminishing in a
commercial country, while trade and population are increasing, is no
doubt a state of things which calls for a remedy, since there must
at some period or another, be a failure of land adequate to meet the
requirements of realised fortunes. If, in the judgment of reasonable
and practical observers, the difficulty could be met by making all
future entails subject to be barred by a process analogous to that
existing in England, we should think there could be no hesitation
in affirming it to be the most just and most expedient course to
introduce such a change, and leave the existing settlements in their
contemplated perpetuity. If, however, it can be clearly established
that already too much land is locked up in the northern kingdom,
and that the soil now free from entail is insufficient to satisfy
the requirements of future buyers, then we should say that the
utmost care and skill were required in framing enactments which
should adapt themselves to the justice of particular cases, and
should, as far as might be, save existing and vested interests in
their delicate multiplicity and connexion. If ever such care and
skill were required, it would be in a measure which interferes
more extensively with vested rights--usually with good reason a
sacred thing in the eye of the law--than any which appears in the
statute-books of the three kingdoms. A statute to convert the Irish
tenants into owners of the fee-simple of their several holdings,
(a project which has been talked of,) would scarcely be a more
startling invasion of the rights of property as they are usually
recognised. We do not, however, intend to impeach the general
provisions of the bill. If, as we before observed, so important a
change was found to be necessary, it is right to make it; and it is
no more than was effected in England by a more gradual process--the
subtle fictions of the law-courts, which virtually got rid of the
statute De Donis. But we can anticipate nothing but uncertainty
and multiplied litigation, from the apparently crude and careless
project now before us.
Public-domain text, read in full here on John Shaqi.
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