Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
Commission, the Irish County Courts were empowered to administer the law;
but it was foreseen that they would not do much in this province. The new
modes of tenure might be applied to lands, by agreements between landlords
and tenants carefully guarded; and Mr. Gladstone believed that this would
be the ordinary course of dealing. The Bill, he thought, would not cause
litigation to any great extent; it would operate as a self-acting force to
lead to friendly contracts.[75]
So much for the scope of the Bill and the classes of tenants to which its
benefits were to extend. A most important change was made in the measure,
which contained, originally, nothing of the kind; this has been attended
with far-reaching results. As we have seen, tenants were to be compensated
for their improvements, under the Act of 1870; but the compensation was
to be paid only when they were leaving the land; Mr. Healy, one of the
ablest of Parnell's lieutenants, induced Parliament to accept a provision
exempting tenants' improvements from rent, when the adjustment of 'fair
rent' was to be made. However equitable in principle this might appear to
be, it was, in the peculiar state of Irish land tenure, unjust in the
extreme to landlords, as I shall endeavour to point out afterwards; and it
has been a source of litigation, as mischievous and demoralising as can
well be conceived. The Bill, like the Act of 1870, prohibited the
subdivision and subletting of farms--an inveterate evil practice of the
Irish peasant--under conditions possibly rather too strict; and it made
changes, in that statute, which require attention. It added weight, so to
speak, to the law, in the tenant's interest; it increased the amount of
compensation in respect of disturbance; it limited the power of
'contracting out,' to a smaller class of tenants than had been the case
before, in fact, to large capitalist farmers; and it provided that
tenants, who had accepted leases excluding them from the benefits of the
Act of 1870, through illegitimate conduct on the part of their landlords,
should be exonerated from such unfair contracts. It thus greatly amended
the original Land Act; but it left many of its defects untouched; it is
only right here to add that despite the lying clamour raised by the
subsidised Press of Parnell--lying has ever since been part of its
stock-in-trade--the instances were exceedingly few in which 'forced
leases,' as they were called, were set aside by the Courts. A remarkable
feature of the Bill has yet to be noticed: Mr. Gladstone, as was the case
eleven years before, had still the wish, so characteristic of British
statesmen, to assimilate Irish to English land tenure; for this reason, as
I said, he deprived 'future tenants' of the advantages of the Bill; these
were to hold their farms on the footing of pure contract. This was a
shortsighted and bad arrangement; it tempted directly ill-conditioned
landlords to dispossess tenants, whenever a chance offered, and to create
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account