The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1882-06-08
zThe Irish Land Act.

| q z11B ne 4IlSB Land AcL. $1,000
In its details the bill is undoubt-
edly complicated and difficult to
understand. Looked at, however, in
a comprehensive way, its complica-
tions vanish, and its salient char
acteristics stand out in prominent
relief, just as the small inequalities
in landscape, which seem so pro-
digious to the traveller in the valley,
grow less, and finally disappear al
together when viewed from the
| height of an adjacent hill. Taking
this kind Of bird's-eye view of Mr..
| Gladstone's second experience in
Ipacifying Ireland, we find that what
the bill accomplishes may be sum
married. in the following manner,
which, it is hoped, will help persons
who have consistently refused to
follow all the endless bendings and
windings of clauses, sections, sub
sections, amendments, amended
amendments, and amended amend
ments re-amended, to comprehend
with tolerable accuracy what
this land act is which parliament
has just added to the statute book.
On the novel, unheard-of, com
pletely un-English, yet needful pro-
vision, which enables court to pro-
nounce what is a fair rent for a
particular holding, the whole merit
of the bill, as Mr.. Gladstone himself
acknowledged, virtually depends.
1t is the hinge on which everything
turns. Two at least of the farmers
"Three Fs' the bill grants-namely,
''Fair Rent" and 'Fixity of Tenure"
Not absolute "fxity" in the sense
that the landlord can not, for gross
injury done to the land, get rid of
his tenant; but the complete feel
ing of certainty on the part of the
tenant that, during good behavior,
he will be allowed to plough and
SOW, and gather into barns, without
fear of capricious eviction. The last
of the ''Three Fs" is Free Sale"
This is a peculiarly Irish institu-
ton. Some persons, the Marquis |
OF Salisbury among them, contend |
that this means giving the tenant |
the right to sell that which he never
purchased. Others, including the
members of the government, urge
that, if the tenant has not purchased
his right in his tenancy with money.
be has paid for it with the sweat of
his brow, and has an indefeasible
interest in it.
Looked at a little more closely /
still, and taking the ''Three Fs' in
their order, this is what the land
act will precisely effect.
l. Free Sale.-What the tenant
has to sell is the goodwill of his
farm. This is something over and
above the fair market value of his
holding. 1t is the value of the
improvements, plus the
interest that he has ac-
Iuired by living on the land for a
number of years, pIHs the increased
'alue which land in Ireland possess
IS compared with land elsewhere
wing to the fact of the extreme {
ompetition for bit of soil existing
mong all true followers of st. Pat d
lex. In Ulster the tenant has al
'ays had the customary right to
ell this goodwill, and the act OF
$40 gave legislative sanction to the
ustOm. The act of 1881 goes
lrther, and extends the Ulster Gus
I'm all over Ireland. An Irish
'nant may now sell his goodwill to
lybody, with this proviso, that the
ndlord has a right to object to the
9w-comer if ali the improvements
the estate have been made and
substantially maintained" not by
e tenant, but by the landlord him
If. The obvious result of the
gislation of free sale is that the
ltgoing tenant receives large sum l.
money, while the incomer is de
eted to exactly the came amount,
lich cripples his resources and
ives him portionately less able
meet his rent and to expend oy
pital on developing the land. nc
2. Fair Rent.-As we have pointed Ia
t, the defect of the last act was IN
at landlords could run up their It's
Mt to any extent, and thus force S trS
lants to leave. They did not ES
vict;" they merely compelled ten Al
is to ''resign." The act of 1881
ows any Irish tenant to 90 to ''the CT
lrt, meaning the civil bill court 70
the particular county in which
lives, and ask it to fix what is ont
fair rent for him to pay. The n
ldlord can also go to the court
5h the same request. But how
, the courts to fix that shadowy L.
i uncertain thing, a really fair II
ltal for tenant to pay? Luckily, l.
court are not left entirely with /
guidance as to the principles Ie
IN which they are to proceed. |"
ey are, in fixing the rent, to take
D account ''the interests of the
dlord and of the tenant respect -
~" Then they are also not A
essarily to lower the rent because
tenant has had to pay a large
4 for goodwill or tenant-right 90
IN entering into, the tenancy. .
court may, under certain cir
distances, if it likes, do so; but 1
act expressly states that "the a
'unt paid for the tenant-right is -
to be alone of itself reason for -
lcing the rent" Then it practi-
y comes to this, that the court
simply to go on general princi- d
of justice and equity in decid- -
what rent is a "fair- rent. -
en- it has fixed that rent, a
tutory term" of fifteen years To
mences, during which it is i'm
ible for the landlord to raise Hhh
rent, or to evict his tenant, ex- HuU
for what is called a breach of
statutory conditions that is
y, during this fifteen years of p
y to the occupying tenant the -
acts by which the tenant can sep
ril that safety are subletting -