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
Sales under previous Purchase Acts were carried out by holdings. A
landlord could agree with one or more of his tenants to sell them their
farms, and if the Land Commission, after examination, found that the
particular holding was security for the advance asked for by the tenant,
such advance was made irrespective of any other sales on the estate. The
Act of 1903 introduced the system of sales by “Estates.” A landlord, to
obtain the benefit of the Act, is obliged to sell his entire estate, or
such portion of it as the Land Commission considers fit to be regarded as
a separate estate for the purposes of the Act. The Commissioners, before
defining any lands to be an estate, have to consider all the circumstances
of the district and of the property. Once the estate is “declared,” the
holdings comprised in it are dealt with in accordance with the provisions
of the Act. Those of them that are subject to judicial rents and are
within certain “zones” laid down in the Act are freed from the liability
to inspection as to security or equity of price. The Act presumes that a
holding subject to a judicial rent which is sold at a price the annuity on
which is from 10 to 30 per cent. less than the judicial rent, where that
rent was fixed since the passing of the Act of 1896, or from 20 to 40 per
cent. less where the rent was fixed before that date, is good security for
the payment of the annuity, and that the agreed price is equitable.
Holdings not subject to the “zone” provisions are liable in inspection as
to security and as to equity of price.
The Act also introduced the system of sales of estates to the
Commissioners under Section 6 (the direct sales to tenants by landlords
being under Section 1). When a landlord is willing to sell in this manner,
the Commissioners, after due enquiry as to the price that should be paid
by each tenant for his holding, may offer to purchase the estate for the
purpose of re-selling to the occupiers, provided that at least
three-fourths of the tenants agree to purchase their holdings from the
Commissioners at the estimated price.
Public-domain text, read in full here on John Shaqi.
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