Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
several years, of facilitating the transfer of the fee simple, in his
holding, to the Irish tenant; this policy had been carried out, to some
extent, by the Act disestablishing the Anglican Church in Ireland. The
Bill of 1870 extended the principle; it provided that the State might
advance moneys to Irish tenants, to enable them to become owners of their
farms; but--and this should especially be kept in mind--the tenant was to
supply a third part of the purchase money at least; and the transaction
was to be effected by free contract, that is, by the voluntary act of the
landlord disposing of his land. It remains to add, that the administration
of the measure, was, for the most part--subject to an appeal to the
Superior Courts--entrusted to the County Courts of Ireland, that is, to
long-established tribunals of repute.
The Bill passed through both Houses with little change; it has long been
known as the Irish Land Act of 1870. It was, in the main, I repeat, a
great reforming measure; it effected a far-reaching improvement in the
tenure of land in Ireland, and that without any marked infringement of the
just rights of property. No impartial mind can fairly object to the
protection given to the tenant right of the north and the south, or to the
compensation secured for tenants' improvements; if 'Compensation for
Disturbance' was a bold experiment, still this Parliamentary tenant right,
as it may be called, was in harmony with fact in nearly all instances.
Nevertheless, the Act had three marked defects; these largely detracted
from its practical value. It bristled with such exceptions and limitations
that it was difficult even for the learned to understand; it seemed to the
unlettered peasant a dangerous puzzle, involving him, perhaps, in lawsuits
and costs; it did not strike his imagination as a substantial boon.
Though, too, it annexed a real tenant right to nearly all farms, and thus
secured to the Irish tenant, in almost all cases, any joint-ownership he
may have acquired in the land, still this was intelligible only to
educated men; 'Compensation for Disturbance' was to be given only when an
occupier was about to leave his holding; but this was exactly what he
could not bear to do; he was, therefore, ready to accept almost any terms,
rather than face consequences he dreaded to think of. Mr. Gladstone,
again, had, in this measure, shown that he wished to assimilate Irish to
English land tenure in the long run; he sought to vindicate the just
claims of the Irish tenant; but he desired ultimately to give him the
status of his fellow in England, a long-standing, false conception of
British statesmen. The Land Act, therefore, provided that most of the
rights it conferred on the tenant might be commuted by the grant of a
lease for thirty-one years or upwards; and it further enacted that tenants
of the larger kind might 'contract themselves out' of the privileges it
gave, by voluntary agreements made with their landlords. The object of
Public-domain text, read in full here on John Shaqi.
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