Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
had agreed to make it; nor if the claim was barred by express written
contract, in the case of improvements made before the Bill became law;
nor, in the case, with some exceptions, of certain classes of leases; nor
if the landlord, under certain conditions, permitted a tenant to dispose
of his interest in his farm.
This measure, therefore, gave the Irish tenant farmer complete property in
his improvements, within reasonable bounds, and yet did not here invade
the just rights of the landlord; it was only to be regretted that it had
not been proposed many years before. It proceeded, however, a great deal
further, and asserted a principle, for the behoof of the tenant, which has
since been very generally condemned,[60] though in my judgment, it was
essentially right, if carried somewhat beyond proper and safe limits.
Except in the case of leases granted before the Bill, and of a class of
leases granted when it was to become law, Mr. Gladstone engrafted on the
great mass of Irish tenancies what really was a new tenant right; he was
probably convinced, though he did not say so, that this was to be an
equivalent for the joint-ownership, more or less manifest, which, in
innumerable instances, the Irish occupier had acquired in the soil. This
tenant right was given the rather ambiguous name of 'Compensation,' in the
event of 'Disturbance;' a sum varying in amount from seven to one year's
rent, according to the size of the holding, but in no case to exceed L250,
was to be paid to a tenant when dispossessed by a notice to quit, and, in
some circumstances, by other means; this was to be over and above any sum
due in respect of improvements; but this, too, as in the case of the
last-named sum, was to be paid only when the tenant was 'quitting' the
land. Obviously this was a potential tenant right, if to be realised only
in one way; it practically gave a quasi-proprietary right in the fee, as,
when commenting on the Bill, I pointed out at the time; and I certainly
thought that the compensation was very large, and introduced a principle
into the Bill which might be abused. Two other provisions of the measure,
with respect to the position of the Irish tenant, may be briefly noticed.
No attempt was made to adjust rents, through the agency of the State, Mr.
Gladstone having expressly denounced the idea; but in the case of petty
occupiers, subjected to 'exorbitant rents,' compensation for disturbance
might be adjudged to them, even if evicted for not paying the rent, that
is, the landlord might be mulcted in very heavy penalties. In nearly all
instances, too, the tenant was declared to be entitled to 'his away-going
crops,' another privilege, sometimes of no little value, and analogous to
that secured by usage in many parts of England. So far the Bill dealt with
the Irish land on the side of occupation; but it dealt with it, also, on
the side of ownership. John Bright had urged the expediency, during
Public-domain text, read in full here on John Shaqi.
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