Irish Land Laws

tenant, tenants, ireland, london, provided, act and purchase

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The first really efficient land legislation enacted for Ireland was a consequence of the attempted Fenian rebellion, and was the work of the Glad stone Ministry in 1870. It established the Ulster custom throughout Ireland. This custom provided that tenants could not be evicted while their rents were paid, and that whenever a tenant gave up possession. either voluntarily or otherwise, he might sell his own improvements. Evictions for non-payment of rent could only he made in case of three years' arrears, and could not he made at all in cases where the rent was under £15 if the court deemed the rental exorbitant. When a. holding was relinquished a tenant could legally claim compensation for his own improvements from the landlord. The Bright. clause provided for the purchase of the holding by the tenant by enacting that the Board of Works should advance two-thirds of the purchase-money.

The act of 1870 failed, however. to remedy the existing evils.

The Land Act of the seeond Gladstone Min istry, passed in 1881, was a result of the dis turbances fostered by the Land League (q.v.). 11 was drawn up by Forster, the Irish Secretary. This act recognized that the tenant had a pos sesso•y right in the holding, by the provision that he might sell it for whatever it would bring, subject only to the landlord's right of preinption. Except for the non-payment of rent. the tenant could not be evicted. In case of the increase of rent he could apply to the Land Commission. established by the act. and procure a rate which would hold for fifteen years. This commission also provided for the easy payment of arrears. The clause providing for the pur chase of the holdings by the tenants was strengthened in 1S85 by the Ashbourne Act. which advanced £5.000.000 for this purpose. In 1s8; an additional £5.000.000 was advaneed. The Balfour Land Purchase Bill passed by the Con servatives in 1891 continued the same policy. It provided for purchase based on voluntary agree ment between landlord and tenant, the Govern ment advancing the entire purchase-money, such sum to be repaid by tlie tenants in forty-one annual 4 per cent. payments. The fund created

tor this purpose NV:IA 1:30,000,000. a sum deemed suIlieient to establish peasant proprietorship in Ireland. John Morley's Land Law of 189fi im proved the application of the law. Nevertheless, agitation did not end, and in January, 1898, the United Irish League was founded, which aims, among other things, to agitate for the abolition of the dual ownership of land, and the redistribu tion of the gratzing-ranehes of Connaught fuming the small holders. In 1902 a conference between representatives of the landlords and tenants to settle the land question was urged. and a pre liminary meeting was held at Dublin, on Decem ber 20. 1902. As a result of the agreements reached at that meeting. the Balfour Government introduced. on :\lareh 25. 19)13. a comprehensive measure for the final settlement of the Irish land question. The bill provided for a free grant of £12.000.000 with which to purchase the in terests of landlords upon the basis of voluntary agreement. It furthermore authorized Govern ment loans to be made to tenants at the rate of per cent. per annum, in order to enable them to acquire title to the lands which they were occupying. the amount which each tenant might borrow being limited to £500 in the congested districts and £1000 elsewhere. The bill also pro vided that untenanted farms and grazing lands should be sold to neighboring tenants, and that three commissioners, known as Estates Commis sioners. should supervise the sales. See LAND LEAGUE.

The Report of the Demon Commission was published at Dublin in 1887. For early Irish land laws, see Maine, Lectures on the Early History of Institutions (London. 1875), leet. ii.; Guinell, The lirchon Lairs 1894). Of the many modern works on the subject. the following are among the best : Richey, The Irish Land ( London. ISS1) ; Dun, Landlords and Tenants in Ireland (London, 1881) ; Fisher. His tory of Landholding in Ireland ( London, 1877) : Sigerson, History of Land 7' CV tire in Ireland (London. 1871) ; Alontgomery, same title (Cam bridge, 1889) : Godkin. The Land War in Ireland (London, 1870).

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