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The Irish Government Bill And The Irish Land Bill
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The first problem, then, in an Irish Land Bill, is to settle the conditions of this annuity in such a manner as to satisfy the landlord and tenant; the first, as to the price of his estate; the second, as to the amount of the annuity to be paid by him, at the same time to provide the State authority with adequate security for the repayment of the advance, or, in other words, for the punctual payments of the annuity which is to discharge the advance. Next in importance to the financial question of the adjustment of the annuity comes the administrative difficulty of investigating the title, and thus securing to the tenant the possession of the fee simple, and to the State authority the position of a mortgagee. Under ordinary circumstances the investigation of the title to an estate involves the examination of every document relating thereto for a period of forty years, and the distribution of the purchase-money amongst the head renters, mortgagees, and other encumbrancers, who, in addition to the landlord, are found to be interested in the ownership of almost every Irish estate. Such a process is costly, even in the case of large estates, and involves an expense almost, and, indeed, speaking generally, absolutely prohibitory in the case of small properties. Some mode, then, must be devised for reducing this expense within manageable limits, or any scheme for dealing with Irish land, however well devised from a financial point of view, will sink under the burden imposed by the expense attending the transfer of the land to the new proprietors. Having thus stated the two principal difficulties attending the Land question in Ireland, it may be well before entering on the details of the Sale and Purchase of Land (Ireland) Bill, to mention the efforts which have been made during the last fifteen years to surmount those difficulties. The Acts having this object in view are the Land Acts of 1870, 1872, and 1881, brought in by Mr. Gladstone, and the Land Purchase Act of 1885, brought in by the Conservative Lord Chancellor of Ireland (Lord Ashbourne). The Act of 1870, as amended by the Act of 1872, provided that the State authority might advance two-thirds of the purchase-money. An attempt was made to get over the difficulties of title by providing that the Landed Estates Court or Board of Works shall undertake the investigation of the title and the transfer and distribution of the purchase-money at a fixed price. The Act of 1881 increased the advance to three-quarters, leaving the same machinery to deal with the title. Both under the Acts of 1870 and 1881 the advance was secured by an annuity of 5 per cent., payable for the period of thirty-five years, and based on the loan of the money by the English Exchequer at 3-1/2 per cent. interest. These Acts produced very little effect. The expense of dealing with the titles in the Landed Estates Court proved overwhelming, and neither the Board of Works, under the Act of 1872, nor the Land Commission, under the Act of 1881, found themselves equal to the task of completing inexpensively the transfer of the land; further, the tenants had no means of providing even the quarter of the purchase-money required by the Act of 1881. In 1885 Lord Ashbourne determined to remove all obstacles at the expense of the English Exchequer. By the Land Act of that year he authorized the whole of the purchase-money to be advanced by the State, with a guarantee by the landlord, to be carried into effect by his allowing one-fifth of the purchase-money to remain in the hands of the agents of the State Authority until one-fifth of the purchase-money had been repaid by the annual payments of the tenants. The principal was to be recouped by an annuity of 4 per cent., extending over a period of forty-nine years, instead of an annuity of 5 per cent. extending over a period of thirty-five years. The English Exchequer was to advance the money on the basis of interest at 3-1/8 per cent., instead of at 3-1/2 per cent. Though sufficient time has not yet elapsed to show whether the great bribe offered by the Act of 1885, at the expense of the British taxpayer, will succeed in overcoming the apathy of the tenants, it cannot escape notice that if the Act of 1885 succeeds better than the previous Acts, it will owe that success solely to the greater amount of risk which it imposes on the English Exchequer, and not to any improvement in the scheme in respect of securing greater certainty of sale to the Irish landlord, or of diminishing the danger of loss to the English taxpayer.