Irish History and the Irish QuestionSmith, Goldwin
History
Irish History and the Irish Question
Smith, Goldwin
Ireland -- Politics and government; Irish question
We have not proceeded far before it becomes apparent that to secure to the
tenant the full enjoyment of his own property was the line along which
land legislation was travelling. The Act of 1870 went some distance in
this direction. But the great advance was not made till ten years after,
when Gladstone proposed to establish a tribunal which would assess and fix
the property of the two partners in the dual ownership of land in Ireland.
The act recognized and legalized dual ownership. It created a partnership
between two parties whose interests were hostile. It was a great act, and
did incalculable good, but many years were not to elapse until it became
evident that a return to single ownership--but this time by the
tenant--was absolutely necessary. The endeavours to work dual ownership
irretrievably broke down.
Both parties had little confidence in the Land Court established by the
Act of 1881.
The landlord complained that his property was being confiscated; the
tenant believed that he was still paying rent on his own improvements. The
act was meant to give tenants fixity of tenure, fair rent, and free sale.
A new judicial body, the Irish Land Commission, with jurisdiction to hear
and determine all matters of law or fact arising under the act, was
established. The commission consists of three commissioners--one a
judicial commissioner and numerous assistant commissioners appointed by
the lord lieutenant for the time being with the approval of the treasury.
This is not the place to examine the provisions of this complicated
measure minutely, but as it is the foundation of much of the land
legislation that followed, it is important that its main provisions be
understood.
The act distinguishes between "present" tenancies and "future" tenancies,
a "present" tenancy being "a tenancy subsisting at the time of the passing
of the act, or created before the first day of January, 1883, in a holding
in which a tenancy was subsisting at the time of the passing of the act,
and every tenancy to which the act applies shall be deemed to be a present
tenancy until the contrary is proved."
A "future" tenancy means a tenancy beginning after the passing of the act.
The act applies only to agricultural and pastoral holdings. It gives
qualified powers to both "present" and "future" tenants to dispose of
their holdings for the best price they can get, or to mortgage them if
they think fit.
Public-domain text, read in full here on John Shaqi.
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