The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-23
A Relic Of the Days of
FeudaliSm.
THE UNITED STATES REVENGED.
Opening q Door that Can
not Be Shut.
A QUESTION FOR EXETER HALL
LONDON. July 10, 1879.

IT take it for granted that none of these matters
mission. II you are not willing TO do it now you
may be quite sure the time will come when you Will
have to do it. say with all frankness to the hon
orablc gentleman and his friends, so numerous
around him and SO sympathetic with him. that he
is opening the door, and the door cannot be closed
until that full inquiry has been made
These words the utterance of the Right Hon.
John Bright, in the debate Mr.. Chaplin's motion
for commission to inquire into the OF the pres
ent agricultural depression and had reference to the
land laws of Great Britain. which, in later part
of the same speech. he characterized 1.-The ancient
and stupid and mschevous legislation. by which
1t the iand is embarrassed in every step you take III
dealing with it," What these "stupid and mis-
chievous" laws which call forth the denuncia-
tion of all who acquainted with them or their
working? Although their general effect is known
throughout the three Kingdoms I bound to
say that hardly in thousand really understands
what they AS the question has up for dis
cussion. and probably for final settlement pur-
pose giving description of them but in brief
and succinct form possible But let me first
show what has been the broad result of the said
laws. England and Wales, less the metropolitan
area comprises extent OF 81 243 $50 OF this
extent o body Of men, calculated at forty-fve hun
dred. own more than II, 49s 200 One English
man owns more than 1S6397 acres another more than
1895 acres and another more than 1O2. 1856
IN SCOTLAND AND IRELAND.
The total of Scotland comprises 10, 94667A
The Duke Of Sutherland 1926. 900 in Scot
land. and also S2075 in England making total
of 1,35S.075 acres. Seventy owners have 100000
acres. or about one-half Of Scotland while nIne-
enths of the whole of Scotland belongs to fewer than
1.70O persons. similar thing prevails in Ireland
744 persons hold acres about one-half Of
Ireland; while 1912 persons hold two-thirds of
the whole. The significance of these figures is seen
when they are compared with the total population
OF these countries; and when it is considered that
the vast, the overwhelming majority Of the people.
no matter what their industry. matter what
their love for an agricultural life. absolutely
precluded from the hope of possessing an acre
of their own. simply because of tho stupid and
mischievous' land laws much struck with
the remark Of gentleman the other day in West
End club. He was native of the "Greater Brit
ain" He said :-'Supposng big European war
were to break out and England were to stand
chance of being invaded; of it would be to
the interest of the landowners to get up strong
patriotic feeling. But what would such patriotism
mean to the majority of Englishmen Clearly
nothing but the merest sentiment. The ordinary
Englshman possesses neither house nor land; his
trade or craft and few household goods are all he
can call his own, and those he could plant on the
other side of the Atlantic in ten twelve days.
don't mean to say such thing would take place in
times when sentiment even has knack of count
ing cost. should think Britain in this respect was
getting into perilous state
ESTATES By ENTAIL.
:, But to come to the question Of the land laws
themselves The first Stupid and miscellaneous"
enabled. by his deed or by his WILL to prevent his
land being sold seized lessened in size, either
during his own life for many years after his
death. The second is that of .primogenirure,''
whereby. IL the landowner does not avail himself of
his power to make such deed or will, all his land
90 m finn m harm md nm
divided estate, to the landowners eldest CON- or, in
default OF such. to his next heir Third, these are
of his estate for long terms OF years, from
% to 900 years. to subject them to all kinds
OF covenants affecting those portions for generations
after the death OF the original lessor and after
change of all the circumstances under which the
lenses were granted. Let us take the of entail
FIRST We will suppose Lord Windlestraw has
estate Of 10000 acres unfetered by will. deed or
mortgage. In such case he would be able to give
sell or do with his estate just as he pleased. But
suppose he marrics. then the law enables him to
make deed giving his land t, trustees, with
wife during his life ana the pr rest s of the
rental of the estate to himself during his life, and
after his death to pay the rental to persons specified
Should Lord Windlestraw after this deed has been
made, turn out utterly reckless and go to the bad
gamble. bet on the turf and get hopelessly in debt
his estate cannot be sold nor part of ii, no
matter how expedient 1t be that his possessions
should pass into better hands. The income of the
would be no one during Lord windlestraw's life
to perform the duties OF landlord, to to the
proper management OF the estate TO encourage the
farmers to improve their farms, &c. Many estate
has been allowed to go to ruin owing to such deed;
for where estate tails into the hands of creditors
their only thought Is To get much out OF 1t they
can while they are able. An instance to my
mind. There il large estate in one of the midland
counties formerly belonging to the Earl Of Pom
fret. defunct family. A year or two ago it de-
scended to young mani forget whether tie son
or nephew of the FORMER owner. But he had been
wild blade. and had almost from his youth been
borrowing money of course at fabulous rates of
interest on his prospects. and when he technically
'came into possesslon" the money lender a jew.
literally took possession and went to work to get his
pound OF flesh out OF the estate while he could know
ing that should the legal owLcr die before he was
satisfied he would have no means of recovering.
The consequence was that while the young spend
thrift was dling away his time on the Continent.
living on the lew hundreds year his jew master
would allow him, the jew himself was raising rents
all around. cutting down timber. selling off cattle,
una In every way possible taking IL out OF the estate.
OF WILLS.
But Lord Windies,raw do than tie up his
land for his own lifetime. Suppose that His Lord
ship has three children-rom. DICK and Harry--and
that Harry IL year old when his father dies The
law enables Lord windestraw. by viii or deed. TO
direct that his death Tom shall have the estate
for his lifetime. that on Toms death Dick shall
have 1t Tor his lifetime. and that on Dicks death
Harry. the infant, shall have II tor his lifetime, and
That after Harrys death the first OF the latter
who attains twenty-one years OF age shall take tho
Estate entaied upon him and his children. Under
such a deed Tom Dick and Harry have il they
i've and succeed to the estate after another only
limited interests In the property they cannot sell
any part OF it, IL is impossible, indeed TO sell the
estate out and out until son OF Harry has attained
his majority. This may not happen Tor nifty
eighty years after the death of Lord Wndlestraw.
and then the estate cannot be sold out and out
unless Harry and his agree to do 30. Thus Il
often happens that such dead mans will
has the effect of preventing any ono selling
the estate for eighty or hundred years.
hut in addition 10 all this the law allows
Lord Windlestraw to lay down all sorts of rceula-
tons Tor the management OF the land, for paying an
nuitcs out of 1t to relations and dependents tor the
management OF woods and mines. &c. and however
much circumstances may change in all these years.
Lord Windlestraws deed or Will ties up the estate
ana prevents its sale division. Truly 1t is said
that the dead mans hand" may Interfere In the
oiairs of the living for generations. Again. All
owner may direct by his deed will that his sons
shall only have right to receive the rents part
OF the rents OF the estate, and that the land
shall belong to trustees who shall devote the other
parts OF the rents TO pl nting timber, rebuild
Ing the mansion or carrying out other specified inn
provements. Such arc some OF the ways in which
M, tate may In pfni1a al T.nr. L.