This measure, therefore, gave the Irish tenant farmer complete property in his improvements, within reasonable bounds, and yet did not here invade the just rights of the landlord; it was only to be regretted that it had not been proposed many years before. It proceeded, however, a great deal further, and asserted a principle, for the behoof of the tenant, which has since been very generally condemned,[60] though in my judgment, it was essentially right, if carried somewhat beyond proper and safe limits. Except in the case of leases granted before the Bill, and of a class of leases granted when it was to become law, Mr. Gladstone engrafted on the great mass of Irish tenancies what really was a new tenant right; he was probably convinced, though he did not say so, that this was to be an equivalent for the joint-ownership, more or less manifest, which, in innumerable instances, the Irish occupier had acquired in the soil. This tenant right was given the rather ambiguous name of 'Compensation,' in the event of 'Disturbance;' a sum varying in amount from seven to one year's rent, according to the size of the holding, but in no case to exceed £250, was to be paid to a tenant when dispossessed by a notice to quit, and, in some circumstances, by other means; this was to be over and above any sum due in respect of improvements; but this, too, as in the case of the last-named sum, was to be paid only when the tenant was 'quitting' the land. Obviously this was a potential tenant right, if to be realised only in one way; it practically gave a quasi-proprietary right in the fee, as, when commenting on the Bill, I pointed out at the time; and I certainly thought that the compensation was very large, and introduced a principle into the Bill which might be abused. Two other provisions of the measure, with respect to the position of the Irish tenant, may be briefly noticed. No attempt was made to adjust rents, through the agency of the State, Mr. Gladstone having expressly denounced the idea; but in the case of petty occupiers, subjected to 'exorbitant rents,' compensation for disturbance might be adjudged to them, even if evicted for not paying the rent, that is, the landlord might be mulcted in very heavy penalties. In nearly all instances, too, the tenant was declared to be entitled to 'his away-going crops,' another privilege, sometimes of no little value, and analogous to that secured by usage in many parts of England. So far the Bill dealt with the Irish land on the side of occupation; but it dealt with it, also, on the side of ownership. John Bright had urged the expediency, during several years, of facilitating the transfer of the fee simple, in his holding, to the Irish tenant; this policy had been carried out, to some extent, by the Act disestablishing the Anglican Church in Ireland. The Bill of 1870 extended the principle; it provided that the State might advance moneys to Irish tenants, to enable them to become owners of their farms; but--and this should especially be kept in mind--the tenant was to supply a third part of the purchase money at least; and the transaction was to be effected by free contract, that is, by the voluntary act of the landlord disposing of his land. It remains to add, that the administration of the measure, was, for the most part--subject to an appeal to the Superior Courts--entrusted to the County Courts of Ireland, that is, to long-established tribunals of repute.
Urban Brief
Present Irish Questions — Part 89
2026-11-15 05:29:12 · The Daily Ledger
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