Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
now excluded out, I would make all agricultural and pastoral Irish tenants
entitled to the tenure of the 'Three F's,' removing the prohibition as to
'future tenants,' a distinction that never ought to have been made, and,
as far as possible, securing this mode of tenure to the poorest tenants,
by means to which I shall advert afterwards. In the next place, I would
make an earnest effort to lessen the ruinous litigation and the
instability caused by the statutory leases renewable at short intervals of
time. The tenant should have 'fixity of tenure' in a real sense; the
estate created in his favour against the landlord ought not to be one of
fifteen years only, however indefinitely it may be extended; I would
prefer to see it an estate for ever; but, as in the present state of
agriculture, there would be objections to this, on account of the
uncertainty of the rate of rent, it might be an estate for a limited term.
But the term ought not to be less than thirty years at least, renewable,
of course, like the shorter term of fifteen; this would quiet possession
and get rid of lawsuits for the period of a generation of men. The tenant
should retain his right of 'free sale;' but I would make the conditions
less stringent than they are under the existing law.
The position of the Irish tenant would thus be greatly improved; the
sphere of the 'Three F's' would be largely extended; he would have 'fixity
of tenure,' for a long time, at least, without the hazard and loss of
litigation every fifteen years; his right of 'free sale' would be less
restricted; and he would have distinct advantages, as respects 'fair
rent,' under the part of my plan I am about to explain. I turn to the
position of the Irish 'landlord'--I still use this expression and that of
'tenant,' though both words are hardly applicable to existing facts; this,
too, in my judgment, would be made much better. The estate that is now
created against him would still be preserved; I wish it were a perpetual
estate, but it would be one for thirty years at least; he would,
therefore, remain assimilated to a rent-charger, as he is at present. But
like his tenant he would be comparatively free from lawsuits; he would be
less harassed by claims in respect of improvements; he would have, in many
particulars, a more stable tenure. He should, of course, retain the
'royalties' still reserved to him--mines, minerals, timber, and such
things; and he should have the title to the statutory conditions he now
has; but as his reversionary rights would be somewhat lessened, he should
be compensated for these by a small money payment. With one great
exception he should have the legal remedies to enforce the rights he now
possesses; and that exception would be of great importance. I have always
thought the law of ejectment for non-payment of rent harsh; it is an
innovation on the ancient Common Law; it sometimes causes forfeitures far
from just; it is not properly applicable to tenancies of long duration. I
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