24 REPORT OF THE SCOTTISH COMMISSION 



capital he had put into the copartnership. To do that with 

 perfect fairness to both landlord and tenant was perhaps im- 

 possible. To do it at all was not easy. There were difficulties 

 in defining a fair rent and difficulties in arriving at it, but so long 

 as the tenants of Ireland contributed a share of the capital, it had 

 to be done somehow. It has been done, and notwithstanding the 

 difficulties in the way fairer rents have been fixed and paid in 

 Ireland since 1881 than' before. But apart from what equity 

 required for the rent payers, it was necessary that fair rents 

 should be fixed in view of the land purchase movement, because 

 the rents were the basis for ascertaining the selling price of land 

 in Ireland. The fixing of a fair rent was therefore an essential 

 preliminary to occupying ownership. 



Fixity of Tenure 



The next outstanding feature of the Act was the clause giving 

 tixity of tenure. There is no need here to raise the question of 

 whether in ordinary circumstances in Scotland a tenant is entitled 

 to fixity of tenure. In Ireland he had provided part of the capital, 

 and in equity he had as much right to be secure in his possession 

 as the landlord himself, and this Act obtained for him such 

 security. 



Free Sale 



The third outstanding feature of the Act was the clause giving 

 power of sale to the tenant. The Act proceeded on the ground 

 that the landlord and tenant were joint proprietors, each having 

 contributed to the capital of the concern. That being so, there 

 was no reason why the landlord should be allowed to sell his 

 interest and the tenant should be denied the like privilege. 



How the Land Act of 1881 Failed 



Up till this time the whole trend of thought had been in 

 favour of tenancies. Land purchase had occupied a subsidiary 

 position. Afterwards, however, a change took place. Land 

 purchase occupied the forefront and tenancies the background. 

 This was not due to any inherent defect in the Land Act of 1881. 

 It was due to other causes. It was due in part to the opposition 

 of the landlords. They were against it. This was not to be 

 wondered at. The landlords saw the danger ahead. They saw 

 agriculture depressed and prices falling. They saw that every 

 fifteen years, if not oftener, there would be a demand, which could 

 not be resisted, for a reduction of rent. Even with enhanced 

 prices for agricultural produce, they could not feel that there was 

 much hope of rents being increased. The condition of the 

 agricultural world was against the Act. It had fallen upon evil 

 days of depression, brought about by a world-wide competition, 

 which was not to pass away. Still, reasoning from what happened 

 in Ulster, it should have wrought much good in Ireland despite 



