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
The Congested Districts Board was founded under the authority of Section
34 of the Purchase of Land (Ireland) Act, 1891, to continue for twenty
years, “and thereafter until Parliament shall otherwise determine.” It was
given power (Section 39) to aid migration and emigration within a
congested districts county, to sell suitable seed potatoes and seed oats
to occupiers, to aid and develop agriculture, forestry, the breeding of
live stock and poultry, weaving, spinning, fishing (including the
construction of piers and harbours, the supply of fishing boats and gear,
and industries connected with fishing), and any other suitable industries.
Powers were also given for the enlargement of holdings whether subject to
purchase annuities, or to rents to private owners, but these powers were
so circumscribed and guarded, as to be unworkable. The Board was granted
an income to commence with of £41,250 a year. In 1893 an Act was passed
(56 & 57 Vic., c. 35) which gave the Board power to acquire land and to
hold it as landlords for the enlargement of holdings and for the purpose
of the Land Purchase Acts. In 1894 another Act was passed which enabled
the Board to give to the Land Commission, on selling to a tenant
purchaser, a guarantee for the repayment of the annuity. Such guarantee
enabled the Land Commission to dispense with their retention of any sum
out of the purchase money as a guarantee deposit, a practice which, if
followed, would have seriously crippled the operations of the Board. The
Land Law Act of 1896 gave power to the Board to obtain an advance from the
Land Commission for the purchase of estates “in like manner as if the
Board were a tenant purchasing his holding.” This Act contained some
provisions that greatly hampered the Board. Thus an advance could not be
obtained by a tenant valued at under £10 for the repurchase of his holding
from the Board. Also Section 40 (2) enabled Court tenants and temporary
tenants to obtain advances under the Purchase Acts in the case of sales of
estates under the section in the Land Judges’ Court. This meant that the
lands that were most required by the Board for the Relief of Congestion
were commonly disposed of to graziers and others. The Congested Districts
Act of 1899 cleared away these two obstacles to the work of the Board, and
also enabled the Land Commission to make advances for the redemption of
head rents and other “superior interests,” and increased the Parliamentary
Grant from £6,500 to £25,000. The Congested Districts Board Act of 1901
gave a limited power of dealing with obstructive tenants in the
rearrangement of the estates purchased. It also gave the Board all the
powers of entry on a holding subject to a statutory tenancy for the
purposes of mining, quarrying, cutting timber or turf, opening or making
roads, fences, drains, and water-courses, hunting, fishing, shooting,
etc., given to the landlord by Section 5 (subsection 5) of the Act of
Public-domain text, read in full here on John Shaqi.
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