-to re-create the
ancient FREEMEN, the LIBERI HOMINES--and I think it can be done without
requiring the aid either of a new principle or new machinery, by simply
placing the farmer-in-possession on the same footing as the railway
shareholder. I give at foot the draft of a bill I prepared in 1866 for
this object.
[Footnote: A BILL TO ENCOURAGE THE OUTLAY OF MONEY UPON LAND
FOB AGRICULTURAL PURPOSES.
Whereas it is expedient to encourage the occupiers of land
to expend money thereon, in building, drainage, and other
similar improvements; and whereas the existing laws do not
give the tenants or occupiers any sufficient security for
such outlay: Be it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons in Parliament assembled,
and by the authority of the same:
1. That all outlay upon land for the purpose of rendering it
more productive, and all outlay upon buildings for the
accommodation of those engaged in tilling or working the
same, or for domestic animals of any sort, be, and the same
is hereby deemed to be, an outlay of a public nature.
2. That the clauses of "The Land Clauses Consolidation Act
1845," "with respect to the purchase of lands by agreement,"
and "with respect to the purchase and taking of lands
otherwise than by agreement," and "with respect to the
purchase money or compensation coming to parties having
limited interests, or prevented from treating or not making
title," shall be, and they are hereby incorporated with this
act.
3. That every tenant or occupier who has for the past five
years been in possession of any land, tenements, or
hereditaments, shall be considered "a promoter of the
undertaking within the meaning of the said recited act, and
shall be entitled to purchase the lands which he has so
occupied, 'either by agreement' 'or otherwise than by
agreement,' as provided in the said recited act."
Then follow some details which it is unnecessary to recite here.]
The 55th William I. secured to freemen the inheritance of their lands,
and they were not able to sell them until the act QUIA EMPTORES
of Edward I. was passed. The tendency of persons to spend the
representative value of their lands and sell them was checked by the
Mosaic law, which did not allow
|