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Landed Estates Court

established, vict and ireland

LANDED ESTATES COURT. In English Law. Tribunals established by statute for the purpose of disposing more proniptly and easily than could be done through the ordi nary judfcial machinery, of incumbered real estate. These courts were first established in Ireland by the act of 11 '& 12 Vict. c. 48, which being defective' was followed by 12 & 13 Vict. c. 77. The purpose of these was to enable the owner, or a lessee for any less than 63 years unexpired, of land subject to incumbrance, to apply to commissioners who constituted a court of record to direct a sale. This court was called the Incumbered Estates Court. A new tribunal called the Landed Estates Court was created by 21 & 22 Vict. c. 72, which abolished the former court and established a tribunal. It is said that these statutes facilitated a great revolution in the tenure of land in Ireland, supplying the means by which a great part of the soil passed rapidly from cottier tenants and an embarrassed and non-resident gentry to capitalist farmers and to landlords who cultivated the soil them selves. The result was agricultural pros

perity, but great hardship to the tenants, upon whom in Ireland rested the burden of permanent improvements which elsewhere would be borne by the landlord. The sales under the Landed Estates Act deprived the tenants of opportunity to make claim for compensation in the adjustment of rent. De mands for increased rent under penalty of eviction compelled small farmers to emi grate, move to the towns, or remain as serv ants on their old farms. The acts of retali ation for these changes led to the passage of the Irish Land Act of 1870, followed by that of 1881. Under the latter the tenant farmers obtained very unexampled privileges, and a new court was created for fixing rent. See Int. Cyc., tit. Incumbered. Estates Court, and authorities there cited.

A similar court was established for West Indian estates by 17 & 18 Vict. c. 117, the sittings of which were held at Westminster.