Irish History and the Irish QuestionSmith, Goldwin
History
Irish History and the Irish Question
Smith, Goldwin
Ireland -- Politics and government; Irish question
A new class of landlord now appeared on the scene in the person of the
speculator, who bought up the bankrupt properties as they presented
themselves. The new proprietors had nothing in common with their tenantry.
They knew little of their needs and requirements and cared less. They had
but one interest and that was a commercial one. To make their properties
realize a good dividend on their outlay was their one concern, and up went
the rents accordingly. Such was the fate of the unfortunate tenants who
were allowed to continue as tenants of the new proprietor. This was bad
enough, but those that were given notice to quit were even more cruelly
wronged. Compensation for wrongful disturbance was not recognized in
Ireland in 1850, and tenant property amounting to three millions sterling
was sold to pay the landlord's creditors.
Nothing could demonstrate more clearly how utterly rotten was the whole
land system in Ireland at the time. Landlord and tenant alike were in a
miserable plight. Rents fell heavily in arrear, and evictions were the
order of the day. The landlord played the bold game, struck hard, and
without mercy. The tenant sought protection in combination and conspiracy.
Such was the condition of Ireland when thoughtful men sought by
legislation to cure the crying evils of the time. Many remedies were
proposed between 1850 and 1860, but none of them reached the stage of
legislative enactment. In the latter year, however, Cardwell made an
attempt to place the law of landlord and tenant on a better footing.
In spite of a good deal of opposition, government succeeded in placing two
important measures on the Statute Book, viz.: the Landed Property
(Ireland) Improvement Act, 1860, and the Landlord and Tenant Law Amendment
Act (Ireland) of the same year. By the former limited owners were enabled,
subject to judicial sanction, to charge the inheritance with the cost of
specified improvements, and to bind their successors for stated periods.
Agricultural leases for a period of twenty-one years or less could be
given by the limited owners without judicial intervention, but every
improvement lease required the sanction of the chairman of the county in
which the lands were situated.
To tenants the right of compensation was granted for certain specified
improvements made by them, provided that before entering on the
improvements they made them the subject of an agreement with the landlord,
or had given notice of his intention to improve, and the landlord had not
notified his objection within a period of three months from receipt of the
notice. The principle of retrospective compensation was not, as yet,
admitted.
The second act consolidated the existing law of landlord and tenant, and
made some important changes in procedure.
The relationship of landlord and tenant, hitherto based on _tenure_, as in
England, was henceforth to be founded on _contract_.
Public-domain text, read in full here on John Shaqi.
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