THE IRISH LAND SCHEME.

Dunstan Times, Issue 410, 25 February 1870, Page 4 (Supplement)

THE IRISH LAND SCHEME.

The following ia a detailed analysis of the Irish Land Bill proposed by Mr. Gladstone : LOANS TO OCCUPIERS AND LANDLORDS. Loans of publio money will be given. 1. To enable tenants to purchase cultivated land in their actual occupation, provided the landlord be willing to sell his rights. - If the ocoupiers of four-fifths of the property are anxious to buy their holdings, the remaining fifth may be bought by other persons than occupiers. 2. To enable landlords to prepare waste lands for cultivation, by making roads, erecting necessary works and buildings, &o. 3. To enable persons to purohasa such reclaimed lands, on condition of adequate security being given for tho money advanced. 4. To enable a landlord to defray the charge of improvements when a tenant voluntarily retires from his holding. These loans will be under the management of the Irish Board of Works, and the repayments will bo by annuities, as under the Drainage and other Acts. JUDICIAL MACHINERY. The judioial machinery for the administration of the purposes of the act will be twofold: 1. A Court of Arbitration, to be chosen by the parties, whose deoiaioa shall be final and without appeal. 2. A Civil Bill Court, consisting of the civil side of the sessions oourt, in which the assistant barrister alone is judge. The assistant barrister will be at liberty, if he think fit, to reserve a case for a higher tribunal, or to give parties," if they are willing, an amicable hearing in his private room. His judgment will bo subject to appeal. The Appeal Court will consist of two judges of assize, who may, if they choose, reserve a case for the Court for Land Cases in Dublin, to be composed partly of equity and partly of common law judges. If necessary there will be three assize judges. In trying cases the court will be guided by certain principles of land tenure sot forth in the bill, but vwiLl have, under the " equities clause," a discretionary power to take into consideration the conduct and circumstances of the parties. DIFFERENT CLASSES OF HOLDINGS. The bill is limited exclusively to agricultural holdings, of which there aro four categories :—Ulster custom; other customs analogous to that of Ulster; tonancie3 at will; and leases. 1. Ulster Tenant-right, including compensation for improvements and good-will, shall receive legal sanction in Ulster, and in Ulster only, subject to the following conditions: — (a) Where a landlord has, by a deliberate and formal arrangement with an occupier, brought up the Ulster tenantright, it shall not be pleaded against him. (6) Where a tenant has proved the existence of the Ulster custom, and obtained compensation accordingly, either from the landlord or incoming tenant, he shall not bo entitled to compensation under any of the other clauses of the act. 2. Customs analogous to Ulster tenant-right shall bo legalised subject to the following restrictions : —(a) A tenant may claim a customary right only when disturbed in his holding by an act of the landlord. (6) A tenant shall not be allowed to claim the benefit of any custom if evicted for non-payment of rent, but the court shall have a discretionary power to consider tho circumstances of his case, and award a sum for compensation if it think fit. (c) A tenant shall not have tho benefit of custom if he sub-let or sub-divide his holding, after tho passing of the act, without the consent of the landlord, except for the purpose of providing cottages for labourers, (d) All arrears of rent and damages to the farm may bo pleaded by the landlord as a set-off. (e) A landlord may Jmr the pleading of a custom if he gives a tenant a leaso of not less than thirty-one year 3. DAMAGES FOR EVICTION. A scale of damages is prescribed for evictions subject to the foregoing limitations as to customs other than Ulster tenant-right. In the case of all holdings above .£SO tho parties may contract themselves out of this part [of the act if the landlord will give and tho tenant accept a lease for not less than twenty-ono years, tho landlord contracting to execute improvements. The judge in making his award shall be bound to have regard to the improvements effected by the tenant on his own cost and tho degree of los 3 involved in his ejectment. The following scale of maximum damages is given for his guidance:— Holdings valued at £lO .... 7yoars'rent. „ „ £lO to £SO . 5 „ „ „ „ £SO to £IOO . 3 „ „ „ „ . £IOO aud upwards 2 „ „ These damages aro subject to the equitable jurisdiction of tho judge, and are exclusive of what he may see fit to award for permanent buildings and reclamation of land. Among the " equities " of the case ho may consider the refusal of a tenant to pay a just increase of rent, or to accept another holding in exchange for one in his occupation, &c. IMPROVEMENTS. The definition of an improvement under tho bill requires that it shall be such as to add to the letting vaiue of the holding, and further that it is suitable to the character of the holding. Tho existing rule of law presuming all improvements to be tho landlord's shall be reversed, and henceforth they shall be deemed tho tenant's, the proof that they aro not resting on the landlord. Compensation will be allowed for past improvements subject to three conditions: (a) No e'.aira to be allowed for any improvement made more than twenty years before the passing of the act, un 1033 in the shape of permanent buildings or reclamation of land. (6) Or by a tenant under a lease or contract by which he is excluded from compensation for improvements, (c) The court will take into consideration the time for which, and the terms on which, the improvements have been enjoyed by tho tonant. The rules as to futuro improvements are as follows :—(a) No claim to bo allowed for improvements contrary to any contract, and not required for the due cultivation of the farm. (lij Or for any valuablo consideration when the landlord underlets a farm on the understanding that the tenant shall make improvements, (c) Or for improvements by a tenant if tho landlord has undertaken himself to make them, and has not failed in his undertaking. When an in-coming tenant has paid to an out-going tenant any sum with the sanction of the landlord, he must be allowed the benefit of it. LEASES. A landlord may exempt his lands from being subject to any custom, except that of Ulster, or to the scale of carnages, if he agree to give a tenant a thirty-one years' lease, leaving at the clo3e a right to tho tenant to claim compensation for improvements under three heads: —lst, tillages and manures ; 2nd, permanent buildings; 3rd, reclamation of land. Further, the lease must, in regard to rent, terms, and covenants, be approved by the court. Whero the landlord undertakes improvements a twenty-one years' lease will suffice to exempt him from the customs. Every man is to be held absolutely responsible for overy covenant into which he onters. NOTICES TO QUIT. Notices to quit shall be for twelve instead of six months, beginning from the last gale day on tho estate, and must bear a stamp duty of 2s. Gd. COUNTY CESS. This tax ia to be paid in equal parts by landlord and tenant; in old tenancies under £-1 tho occupier is to be at once relieved.

Arrival op the Beleased Fenian Prisoners.—According to the arrangements of tho committee appointed to reoeive the released Fenians on their arrival from Australia in London, a deputation, consisting of several gentlemen, amongst whom were Mr. P. O'Leary, Mr. Hogan, Mr. Collins, Mr. Sullivan, and Mr. J. P. M'Donnell, prooeeded on the morning of the 9th of February to Gravesond to welcome their countrymen, and accompanied them in the Suffolk to her moorings in the East India Dock. On tho arrival of the released prisoners and the deputation in London they were cordially received and loudly cheered by a number of people who had collected on the quay. On landing, tho released prisoners and tho deputation entered a carriage and were driven to a West-end Hotel, their ultimate destination being Ireland. They are all young, athletic, ggpl intelligent-looking men, and are much tax led, bv