Page:The Irish land acts; a short sketch of their history and development.djvu/53

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by way of free grafts or by advances, to be recouped by additions to the annuity to be paid by the purchaser. As, however, this Reserve Fund amounted only to the sum of £250,000, and as it had to be used not alone for the improvement of land, but also for the reinstatement of evicted tenants, it was soon exhausted, and the Estates Commissioners had to carry on this work by means of a sum annually voted by Parliament.

The second method allowed by the Act is to treat the property purchased as a "congested estate." This is defined by the Act [section 6 (5)] as "an estate not less than half the area of which consists of holdings not exceeding five [raised to seven by Act of 1909] pounds in rateable value, or of mountain or bog land, or not less than a quarter of the area of which is held in rundale or intermixed plots." The Act provides for a loss in the purchase of such estates of 10 per cent, on the purchase money (sections 9 and 44); such loss to be paid as part of the expenses of the Land Commission.

Notwithstanding all this special legislation, it was felt that land purchase under the voluntary method would not solve the problem of the West of Ireland.

A Royal Commission, under the chairmanship of Lord Dudley, was appointed in 1906, which took a great deal of evidence, and reported in 1908. Its recommendations were embodied in Mr. Birrell's Land Act of 1909, under which the constitution, powers, duties and income of the Congested Districts Board were enlarged and reconstituted. The new Board consisted of fourteen members, three of whom are ex-officio, nine are appointed by the Crown, and two are paid permanent members. The annual income of the Board was raised from £86,250 to £250,000, and its operations were extended so as to comprise the Counties of Donegal, Sligo, Leitrim, Roscommon, Mayo, Galway, Kerry, and parts of Clare and Cork.

Since the passing of this Act, the Land Commission cannot enter into an agreement for the purchase of land situate in any of these Congested Districts Counties without the consent of the Congested Districts Board, unless such land is required for the purposes of the Evicted Tenants Act; and no Congested Estate can be sold under the Land Purchase Acts in a Congested Districts County to persons other than the Congested Districts Board without the consent of that Board; but this provision does not apply to the case of any sale of a Congested Estate in pursuance of an Originating Application or Request, lodged before the passing of the Act. The power of purchasing estates and lands compulsorily through the Estates Commissioners is given to the Board within their district.