Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
The Bill thus launched was a comprehensive and wise measure, if not free
from real, even grave, defects; it remains the only statesmanlike scheme
for the settlement of Irish landed relations that hitherto has received
the assent of Parliament.[59] It made the tenant right of Ulster, in its
various forms, as these existed in different estates, law-worthy, and
protected to the fullest extent; it gave the same sanction to the inchoate
tenant right of the southern provinces. This was, in itself, an immense
reform; but the Bill properly had a far wider sweep; it extended, with the
exception of certain kinds of lands, such as demesnes, town parks,
holdings of a residential type, and, in most cases, large pastoral
holdings, to nearly all the occupiers of the Irish soil; even the excepted
lands were partially within its scope. The first great object of the
measure was to secure to the Irish tenant the rights he had acquired to
improvements he may have made on his farm, a right hitherto not within the
pale of the law; its provisions, in this respect, were, I think,
excellent. With a true perception of the unquestionable fact that, though
the Irish landlords, especially of late years, had expended considerable
sums on their estates, still, as is inevitable under the small-farm
system, the Irish tenant, as a general rule, had made the greatest part of
the additions to the land, Mr. Gladstone provided that, subject to
limitations by no means severe, in order that the law should not run wild,
improvements made on farms, in the absence of proof to the contrary,
should be deemed to be the tenant's property, thus reversing the
presumption of English law, iniquitous when applied to Irish tenures, that
what is annexed to the soil belongs to the owner, and not to its occupant.
The ground being, so to speak, cleared, the Bill declared that, in almost
all cases, a tenant should have a right, when leaving his farm, even
though dispossessed for the failure to pay his rent, to claim
compensation, from his landlord, for his improvements; and facilities were
offered to landlords to discharge these claims through loans from the
State. In order, however, reasonably to secure right being done, in a
complex and very difficult matter, the Bill proceeded to define
improvements, and to impose restrictions on claims, to which objection
could fairly be made. Apart from unexhausted tillages and manures, an
improvement was to be a work 'suitable to a holding, and adding to its
letting value,' a description as equitable and precise as could well be
desired. And, speaking generally, claims in respect of improvements were
not to be preferred were the improvement twenty years old, except in the
case of buildings and the reclamation of waste land; nor if the
improvement were prohibited by the landlord, under the conditions laid
down; nor if it were made under a contract for value; nor if it were
forbidden by a special contract; nor if, in certain cases, the landlord
Public-domain text, read in full here on John Shaqi.
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