The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
III.—The legalization of the Ulster Custom did not prevent the
landlord from increasing the rent from time to time so as almost
to destroy the tenant’s interest. The Act did not define the
custom, and the onus lay on the tenant of establishing that the
particular usage under which he held was within it.
The three great reforms introduced by the Act of 1870, namely: (1) The
right to compensation for disturbance; (2) to compensation for
improvements; and (3) the legalization of the Ulster Custom—could only be
brought into operation by proceedings before the County Court Judges, who
were thus entrusted with the administration of the Act.
Failure of the Act of 1870, Causes of.
The Act of 1870 failed in its object mainly for three reasons:
(1) The great variety and complexity of the exceptions from the
benefits of the Act.
(2) The principle of administration which, as a rule, tended to
reduce the compensation to as low a figure as possible.
(3) The insecurity of tenure of the tenant, and the right the
landlord still had of raising the rent at his pleasure. Thus the
legalization of the Ulster Custom was of little use, as the
landlord could practically destroy all the tenant’s interest under
it by raising the rent. The only remedy was to surrender the
holding and go before the County Court Judge for compensation,
which was usually much less than the tenant-right would fetch if
sold in the open market.
To protect the interest and property of the tenant in his holding and in
his improvements, both of which had now legal recognition—it was necessary
to give him: (1) Security of tenure at a fair rent; and (2) a special and
expert tribunal to decide on the amount of the rent at which he was to
hold.
The Land Act of 1881.
The Act of 1881 effected these reforms. It gave the tenant the right to
sell his interest in his holding—subject to the landlord’s right of
pre-emption—it gave fixity of tenure at a fair rent—subject to a fifteen
years’ re-valuation—and it established a special tribunal to fix the
rents.
The principles of the present Irish Land Code—which comprises a large
number of statutes—are contained in the Acts of 1870 and 1881. The Act of
1870 recognised for the first time that the Irish tenant had a right of
occupation and a property in his improvements. But the Act failed because
it recognised these rights grudgingly, and left untouched the power of the
landlord to fix what rent he pleased. The Land Act of 1881 for the first
time safeguarded the property of the tenant, and reversed the policy of
the Act of 1860 (Deasy’s Act) by removing the Irish Land system from the
domain of contract, and, in a manner, bringing it back to tenure.
Differences between the English and the Irish Land Systems.
Public-domain text, read in full here on John Shaqi.
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