Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
follow,' and several of Mr. Gladstone's lieutenants spoke in the same
sense.[74]
The Bill, I have said, applied the principle of the 'Three F's' to the
relation of landlord and tenant in by far the greatest part of Ireland. As
in the case of the Land Act of 1870, it excluded certain classes of lands
from its scope, demesnes, residential holdings, town parks, and large
pastoral farms; it extended also only to tenants at will, that is, subject
to a notice to quit; it left tenants under leases outside its purview. It
was confined, too, to 'present tenants in occupation,' at or near the
existing time; it had no reference to 'future tenants,' that is, to
tenants holding by contracts made after the Bill should pass, or a few
months afterwards. Subject, however, to these exceptions, on the whole not
large, the measure placed tenancies in Ireland under the 'Three F's,' but
with conditions of tenure peculiar to itself, and hitherto unknown in
Ireland, or in any part of Europe. 'Fair Rent,' which, under the Ulster
Custom, was settled by a bargain between landlord and tenant, was to be
adjusted through the intervention of the State, legislation akin to the
mediaeval statutes regulating the price of bread, and the wages of labour.
'Fixity of Tenure' was not to be a perpetuity in name; Mr. Gladstone
feared that the speeches would be thrown in his teeth, in which he had
declaimed against the idea; it was to be a lease for fifteen years, but
capable of being renewed for ever, as a rule, through a periodical and
costly lawsuit. 'Free Sale' was to be conceded under somewhat strict
conditions; and the landlord was to be afforded a right of pre-emption in
the case of such sales, in accordance with the analogy of the Ulster
Custom. An estate virtually perpetual, at a State-settled rent, was thus
to be carved out of the landlord's fee, and given to tenants actually in
possession of the land; it was created in absolute derogation from the
landlord's rights; it was a large if partial expropriation, in no doubtful
sense. As to the interest of landlords in what was left of their property,
they were to retain what are usually known as 'royalties'--timber,
minerals, mines, and privileges of sport; they were to have the ordinary
remedies for enforcing payment of rent; and the statutory leases were to
be subject to certain conditions, taken, for the most part, from the
Ulster Custom, the violation of which might lead to their forfeiture. A
tribunal, called the Land Commission, was to be set up to carry the law
into effect, that is, to 'fix fair rents,' and to make tenures 'fixed;' it
was to be assisted by dependent agencies, known as Sub-Commissions, which,
Mr. Gladstone intimated, were to be quite subordinate, and from which
appeals to the Land Commission were to run; but a sinister feature of an
untried revolutionary scheme--the decision of the Land Commission as
respects 'fair rent'--was to be final. Subject to an appeal to the Land
Public-domain text, read in full here on John Shaqi.
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