applied in only a few cases.15 Another important point : The Estates Commissioners can buy estates on application by the landlords," and under certain specified conditions, with a view to re-sale to the tenants.16 They are more especially empowered to buy estates considered to be congested under the somewhat narrow definition of the Act.17 They can buy untenanted land in order to re-settle and enlarge the holdings on those estates.18

They can execute all requisite improvements on the estates before reselling them, and can obtain from the

15 Section 2. (Similar advances may be made to tenants in possession on estates that have been sold, so as to enable them to buy unoccupied land with which to enlarge their "dwarf" holdings). On March 31st, 1906, 5,287 applications for reinstatement had been received; out of this number 284 tenants had been reinstated by their former landlords, and 103 restored to possession and provided with fresh holdings by the Estates Commissioners (Report of the Estates Commissioners for 1903 to 1906). We may add that quite recently, on February 14th, 1907, Mr. Birrell, Chief Secretary for Ireland, laid before the House of Commons some later figures which mark a certain development of these operations. Out of 6,680 applications for reinstatement received up to date (from which must be deducted 1,347 as unqualified) there had been 465 reinstatements carried out by the landlords with the financial assistance of the Estates Commissioners, and 179 tenants installed on lands bought by the Estates Commissioners. Mr. Birrell, moreover, gave a formal assurance that the Act as relating to the evicted tenants should receive prompt and full application.

10 Section 6. Three-quarters of the tenants must undertake to buy their holdings. (The Lord Lieutenant may, under special circumstances, annul this condition). On March 31st, 1906, only 58 estates had been bought by the Estates Commissioners at a total price of £1,419,923. As a rule the landlords prefer to come to a direct understanding with the tenants, from whom they hope to obtain a higher price. The maximum value of lands permitted to be vested in the Land Commission is 5 millions sterling (Section 9).

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17 Section 6, sub-secs. 4 and 5. The special condition above mentioned does not apply to the case of a congested estate, but the Lord Lieutenant must intervene in order to certify the necessity of the operation. congested estate, according to the Act, is an estate of which half (in superficies) consists of holdings of less than £5 rateable value, or of mountain or bog-land, or of which not less than a quarter is held in rundale or intermixed plots (rundale meaning, held in common with rotation). This definition sets too narrow limits to the term congested. Out of 200,000 uneconomic holdings, that is, holdings insufficient to support a family, this definition would only include 50,000. Section 9, sub-section 2, lays down a special maximum as regards the price to be paid for congested estates. The amount paid in one year is not to exceed by more than one-tenth the price probably obtainable on resale.

18 Section 8.

reserve fund the advances necessary for this purpose.19 All this is excellent; but here too the practical results do not correspond to the hopes that were formed. 20

One last word about this Act. Who pays for it? The Treasury pledges its credit, as in the case of former Acts. It issues guaranteed land stock at the rate of 5 million sterling a year, bearing interest of 23 per cent. and secured, as regards both its redemption and its interest, on the annuities payable by the tenant-purchasers.21 There remain two chief series of expenses to be provided for ; the loss resulting on the issue of stock below par,22 and the bonus of 12 per cent. to be paid to the landlords. To meet these extra expenses a surplus is required, over and above the loan. The first mentioned of these headings of expenditure is secured on a special Irish fund,23 and the second is charged on the imperial budget; but England will not lose on the transaction, for the government undertook to effect, and is already effecting, reductions and expenses to an equivalent amount. It is Ireland then that, finally speaking, will pay the expenses involved

19 Sections 12 and 43. As regards the Reserve Fund (see earlier in this chapter). The funds advanced are repaid by the tenant purchasers, together with the purchase-price of their holding. In this matter the Estates Commissioners enjoy the same compulsory rights as the Congested Districts Board.

20 On March 31st, 1906, the Estates Commissioners had so far only bought one congested estate. They had bought only 9,181 acres of untenanted land. They had spent only £13,994 in improvements before resale. (V. the Report of the Estates Commissioners for 19031906).

21 Sections 28, etc. The Guarantee Fund formed in 1891 is reinforced from several Irish sources, notably from the new proportional subsidy paid to Ireland from the Treasury since 1902, and called the Irish Development Fund (a proportional subsidy equivalent to the annual amount voted for England by the Education Act of 1902 for educational purposes). The Guarantee Fund is thus raised to 150 millions sterling : in fact the security of the lender is complete (V. Section 40). At the time when the Act was being drawn up an idea had been started of entrusting to Irish authorities the recovery of land-purchase annuities, the Exchequer retaining, as a set-off, an equal amount of the annual subsidies due to Ireland. This would have been a beginning of financial Home Rule. The idea was not put into practice; but some day it will, perhaps, reappear.

22 Their average price of issue up to 1908 was 89.

23 The Irish Development Fund.

in carrying through the transfer of the land, including even the graceful supplementary present that England has thought right to offer to the landlords. England does not lose a farthing. She debits to the account of the Sister Isle all the expenses of dismissing the landlords.

IV. THE RESULTS OF THE ACT OF 1903

Judged merely by appearances, the Act of 1903 would seem to have achieved a truly remarkable success. From the very first, purchase agreements and applications for advances have flowed in. From November 1st, 1903 (the date when the Act came into force) to March 31st, 1906, the number of agreements for the direct transfer of the land from landlord to tenant, reached no less a figure than 85,638. At this rate all the land in Ireland would be bought within ten years. It is impossible not to recognise the magnitude of this great step towards the general transference of the soil, and the creation of peasantproprietorship in Ireland. If then, one merely considered the area transferred, one might say that the Act of 1903 has been a complete success. But we must examine the conditions under which this transfer is carried out.

In the first place, however great the number of purchaseagreements concluded and laid on the table of the Estates Commissioners, the latter can only sanction them, and consequently advance the money, at a very slow rate. Their staff is not equal to the work-the Treasury cuts down their grants to the narrowest limits-and we may add more especially, their funds are not sufficient to make the advances (as the Exchequer only issues stock to the amount of 5 millions a year). On March 31st, 1906, they

I Report of the Estates Commissioners for the period 1903-1906. Add 1,213 purchase agreements concerning parcels of land for evicted tenants, or to enlarge holdings, 29 applications for advances on demesnes for the benefit of the landlord, and 18 agreements of various kinds. General total, 86,898 agreements. The advances applied for amount in all to £32,692,066.

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had only been able to examine half the purchase agreements submitted to them.2 Hence, and not without justification, there arise complaints and recriminations from both landlords and tenants alike.

With regard to the future, however, the following considerations will prove more serious. The Act offers means of remedying the agrarian evils of Ireland, namely, the excessive sub-division of holdings and congestion. Under this heading, as we have already remarked, it has so far produced but little result. In practice the buying and selling operations are almost always carried out by direct bargains between landlord and tenant. The Commissioners themselves make few purchases: they only re-settle and improve a very small number of congested estates; in fact they seem hardly to make any attempt at effective opposition to the immediate sale without preliminary re-settlement of these congested estates, although the Act would seem to have provided them with an indirect means of doing so.3 Apparently, then, the organic disease of Irish land, namely, congestion, is not being adequately treated. Indeed it is to be feared that the Act may merely perpetuate, or stereotype, as has been said, the constitutional evil which, under the new regime of peasant ownership,4 will soon be more dangerous than ever.

2 34,804 out of 86,898 (the same report). We may add that the Liberal Government that came in at the end of 1905 seems anxious to afford the Estates Commissioners every facility for their work.

3 They could refuse to recognise the lands in question as an estate. 4 The check which, in practice, has suspended those Provisions of the Act dealing with congestion and the evicted tenants was partly due to the "instructions given to the Estates Commissioners by the Castle," in 1904-1905, under the Conservative Government; they have restricted and prevented the results aimed at by the framers of the bill. V. the Commissioners' own words on this question, in their report for 1903-1906. V. also the severe comments of Lord Dunraven (a Unionist) in the Fortnightly Review of November, 1905 (p. 790 to 793). The Liberal Government on coming into power substituted new instructions for those of the Tories. We may hope that it will prove determined enough to overcome the difficulties which the Estates Commissioners still encounter in the text of the Act, in the parsimony of the British Treasury, and indeed in the ill-will of a certain number of the Irish landlords.

We now come to the last point. The purchase prices agreed to by the tenant-buyers are, as a general rule, extremely high, and the resulting charge upon Irish agriculture will prove not only very heavy but even dangerous. Hardly had the Act of 1903 been passed when the farmers, so far from imitating the reserve of the landlords, began to press onward and push forward their applications with such haste as to cause a considerable proportionate rise in the price of land. Politicians and Nationalist newspapers made every endeavour to restrain the peasants, and prevent them from laying too heavy a burden on their future. Why," asked even the more moderate men," should the price of land rise? Its price ought to fall, owing to the new advantages offered to the landlords. At all events let us keep to the average under the former Acts, say seventeen and a half years purchase for first term, and twenty-two for second term rents— (which works out to the same amount)." The moderate men, however, were soon passed by in the Nationalist councils. During the retaliatory movement which ensued against the excessive demands of the landlords-some of whom were demanding 25, 30, or even up to 40 years purchase-it was a more advanced section that took the lead.5 "Let us accept the same average as formerly "But what is that they said. average ?' It used to be seventeen and a half years purchase for first term rents, that is to say, for the fair rents of those days. To-day it is seventeen and a half times the existing 'fair rent '—namely, the second term rent; therefore, for the first term rents this would make it 20 per cent. less, or say 14 years purchase. Even at that price the landlords will do well, for their estates are so encumbered with mortgages as to absorb the bulk of their income; whereas once these debts are liquidated they will be able to extricate themselves with a profit in hand!" But whether moderate or advanced, these counsels were scarcely

5 Messrs. Dillon and Davitt, etc., supported by the Freeman's Journal. The moderates were led by Mr. William O'Brien.