FREE BOOKS

Author's List




PREV.   NEXT  
|<   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140  
141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   >>   >|  
them, of removing a tenant whom he considers unsuitable, of taking the land back into his own hands when the specified term of a tenancy had expired, of availing himself of the enhanced value which a war or a period of great prosperity, or some other exceptional circumstance, may have given to his property. He has become a simple rent-charger on the land which by inheritance or purchase was incontestably his own, and the amount of his rent-charge is settled and periodically revised by a tribunal in which he has no voice, and which has been given an absolute power over his estate. He bought or inherited an exclusive right. The law has turned it into a dual ownership. A tenant right which, when he obtained his property, was wholly unknown to the law, and was only generally recognised by custom in one province, has been carved out of it. The tenant who happened to be in occupation when the law was passed can, without the consent of the owner, sell to another the right of occupying the farm at the existing rent. In numerous cases this tenant right is more valuable than the fee simple of the farm. In many cases a farmer who had eagerly begged to be a tenant at a specified rent has afterwards gone into the land court and had that rent reduced, and has then proceeded to sell the tenant right for a sum much more than equivalent to the difference between the two rents. In many cases this has happened where there could be no possible question of improvements by the tenant. The tenant right of the smaller farms has steadily risen in proportion as the rent has been reduced. In many cases, no doubt, the excessive price of tenant right may be attributed to the land hunger or passion for land speculation so common in Ireland, or to some exceptional cause inducing a farmer to give an extravagant price for the tenant right of a particular farm. But although in such instances the price of tenant right is a deceptive test, the movement, when it is a general one, is a clear proof that the reduction of rent did not represent an equivalent decline in the marketable value of the land, but was simply a gratuitous transfer, by the State, of property from one person to another. Having in the first place turned the exclusive ownership of the landlord into a simple partnership, the tribunal proceeded, in defiance of all equity, to throw the whole burden of the agricultural depression on one of the two partners. The law did, it is true, reserve to
PREV.   NEXT  
|<   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140  
141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   >>   >|  



Top keywords:
tenant
 

simple

 

property

 
reduced
 

tribunal

 

happened

 

ownership

 

equivalent

 

turned

 

exclusive


proceeded

 
farmer
 

exceptional

 
improvements
 
common
 

speculation

 

hunger

 

passion

 

excessive

 

smaller


steadily

 

proportion

 

question

 

attributed

 

general

 
landlord
 

partnership

 

Having

 

person

 

gratuitous


transfer

 

defiance

 
depression
 

partners

 

reserve

 

agricultural

 

burden

 

equity

 

simply

 

instances


extravagant
 
inducing
 

deceptive

 

represent

 

decline

 
marketable
 

reduction

 
movement
 
difference
 

Ireland