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 WHVERSitv fif 
 
 MUTUAL 
 
 LAND SOCIETIES 
 
 PRESENT POSITION, 
 
 AND 
 
 FUTURE PROSPECTS. 
 
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 VINCENT SCU LILY, ESQ. Q.C., 
 
 DUBLIN : 
 
 HODGES AND SMITH, GRAFTON. STREET. 
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MUTUAL LAND SOCIETIES 
 
 Introduction. 
 
 At the present moment, upon the close of a Session of 
 Parliament, during which nothing has been done to im- 
 prove the Land System of Ireland, it may be useful to 
 consider whether any successful effort can be made, 
 under the existing laws, to establish the Irishman firmly 
 in his own land, and to stay the continuous outflow of a 
 despairing people. With this object, and in order to 
 expedite the advent of that New Land System which 
 must eventually exist in both countries, an attempt is 
 now made to present some practical information, derived 
 from the most recent and most authentic sources, for 
 the purpose of exhibiting the good effects already ex- 
 perienced in England through the operations of Mutual 
 Land Societies, legally constituted under the provisions 
 of a statute, called the ‘Benefit Building Societies 
 Act.’ In order to convey this information in the most 
 satisfactory form, it has been considered useful to cite, 
 in each instance, the authority relied upon. 
 
 A careful consideration of the whole subject, may 
 perhaps lead inquiring minds to adopt the conclusion, 
 that it is only through the intervention of a Mutual 
 Land Society that any effectual exertion can now be 
 made, to arrest the multitudinous rush which by its 
 headlong outpour continues to depopulate the land of 
 Ireland. Were such a society instituted, upon a proper 
 basis, it is not improbable that the numerous subscrip- 
 
4 
 
 MUTUAL LAND SOCIETIES. 
 
 tions, necessary for accomplishing its great object, wool <3 
 soon be supplied by native Irishmen ; either from their 
 small savings in their own country, or their large earn- 
 ings in other lands. Out of the thousands of pounds 
 daily remitted by distant relatives to aid in exporting 
 the remaining inhabitants of Ireland — involuntary exiles 
 to unknown shores — it is but natural to anticipate, that 
 some portion would be applied to fix the Irish people in 
 their own soil. 
 
 It is well known in Ireland that the vast majority of 
 its rural farmers are mere yearly tenants, who could 
 always have been removed at any time from their hold- 
 ings on receiving the usual six months’ notice to quit* 
 In many cases even such a notice will now no longer be 
 required ; for, under the Civil Bills Act of last session > 
 an ejectment can at once be brought against any yearly 
 tenant owing one year's rent ; which, in the present ad- 
 verse times, is unfortunately the position of most occupy- 
 ing tenants in Ireland. 
 
 In the Irish towns and villages the position of the 
 tenants of small holdings is even still more precarious 
 and insecure ; for, under the Summary Jurisdiction Act 
 of last session, most of this class of occupiers may be 
 summarily removed by the local magistrates at petty 
 sessions, on receiving four days’ notice. 
 
 Independent of the national incentives, which should 
 now induce all classes in Ireland to unite in organizing 
 a Mutual Land movement for their common good, there 
 exist at the present time some local circumstances which 
 would seem to afford peculiar facilities for conducting it 
 to a successful issue. 
 
 In England, the high rate of purchase still given for 
 landed property, the heavy expenses and great delays 
 attendant upon making out title there, and the want of 
 any absolute certainty in title when legally deduced, 
 may still prevent an English Land Society from extend- 
 ing its operations to the purchase of large estates, for the 
 
MUTUAL LAND SOCIETIES. 
 
 purpose of subsequent distribution amongst its members, 
 divided into good-sized farms. But in Ireland, these 
 formidable obstacles to the purchase and distribution 
 of large estates have been partially removed, by the pre- 
 sent depreciation in the Irish land market, and the cheap 
 mode afforded for acquiring a secure title through the 
 Incumbered Estates Court. 
 
 The important results that would follow the success of 
 such a project, and the advantage of being able to put 
 it into immediate operation, without incurring those 
 prolonged contests which usually precede any legislative 
 change, challenge for it the serious consideration of 
 practical men; and it is the more entitled to the favour- 
 able regard of all classes, because its success would 
 accelerate that permanent settlement of the great Land 
 Question, so much desired by every person interested 
 in the welfare of Ireland. 
 
 Benefit Building Societies s 
 
 The rapid and increasing progress of Benefit Building 
 Societies and Freehold Land Societies, in England and 
 Scotland, is owing mainly to the peculiar facilities which they 
 have afforded for the investment of small sums at compound 
 interest, and for the acquisition of small holdings, to be 
 purchased by convenient instalments. Those Societies were 
 first sanctioned by the legislature in the year 1836, under 
 a statute (a) which extended to Building Societies the 
 prior acts ( b ) relating to Friendly Societies. 
 
 The Act for regulating Benefit Building Societies was 
 based upon a statement, that — “ Building Societies have 
 been established in different parts of the kingdom, princi- 
 pally amongst the industrious classes, for the purpose of 
 raising, by small periodical subscriptions, a fund to assist 
 the members in obtaining a small freehold or leasehold pro- 
 
 (*) The Benefit Building Societies* Act,— 6, 7 Will. IV,, 
 c. 32, 
 
 (£) The Friendly Societ ; es* Acts, — 10 Geo. IV., c. 56 : 
 and 4, 5 Will. IV., c. 40 : and see the subsequent Friendly 
 Societies’ Acts of 9, 10 Viet., c. 27 ; and 13, 14 Viet., c. 115. 
 
MUTUAL LAND SOCIETIES. 
 
 6 
 
 perty ; and it is expedient to afford encouragement and 
 protection to such Societies, and the property obtained 
 therewith.” (a) 
 
 Their Privileges : 
 
 Accordingly those Societies were encouraged and pro- 
 tected by conferring upon them some valuable privileges, 
 amongst which are the following : — 
 
 The liability of each of their members is limited to his 
 individual shares. 
 
 Their ordinary securities are simple and uniform, and 
 are exempt from stamp duty, (b) and from the usury 
 laws. ( c ) 
 
 Their rules can be legally enforced (d). 
 
 Any disputes with their members are settled suinmarily 
 by arbitration (e). 
 
 Any frauds of their members are punished summarily by 
 justices (/). 
 
 They sue and are sued in the names of their officers (g). 
 
 Their property is vested in trustees, and new trustees 
 are appointed on a simple petition to a superior court, 
 without paying a counsel or attorney ( h ), or any office 
 fees. 
 
 They have priority of debts upon the bankruptcy, insol- 
 vency, or death of any of their officers -(z). 
 
 (a) Preamble to 6, 7, Will. IV., c. 32. 
 
 (b) 10 Geo. IV., c. 56 f s. 37, and 6, 7 Will. IV., c. 32. s. 8. 
 
 (c) 6, 7 Will. IV., c. 32, s. 2. 
 
 (dj 10 Geo. J V., c. 56, s. 27, and 4, 5 Will. IV., c. 40, s. 7. 
 
 (e) 10 Geo. IV., c. 56, s. 15. 
 
 (/) Ibid. 
 
 (g) Ibid. 8. 21. 
 
 (/i) Ibid, s. 17. — 44 It shall be lawful for the judges of the 
 said courts to assign counsel learned in the law, and to 
 appoint a clerk or practitioner of such courts, to advise and 
 carry on such petition on behalf of such Society, who are 
 hereby respectively required to do their duties therein, with- 
 out fee or reward. 
 
 ( i ) 4, 5 Will. IV., c. 40, s. 12. 
 
MUTUAL LAND SOCIETIES. 
 
 7 
 
 Minors may be members of the Society (a). 
 
 Upon the death of a member, the Society may pay a sum 
 not exceeding 20/., without an administration (£). 
 
 Members may be witnesses in all proceedings, civil or 
 criminal, respecting the property of the Society (c). 
 
 Their Sheading 1 Features : 
 
 Assisted by these substantial privileges, Building Societies 
 have multiplied in number, and increased in importance. 
 They were founded upon the principle, that to buy an article 
 outright is in the end much cheaper than to hire it. But 
 although originally established for the mere purpose of 
 enabling * every cottager to become the owner of his own 
 cottage/ it was soon discovered that these Societies would 
 also afford a ready means for the investment of money at 
 compound interest. 
 
 The leading features of a Benefit Building Society are 
 thus explained, in 1 a work which may be considered the 
 grammar of the system’ :■ — 
 
 “ The members are separated into two classes — Inves- 
 ted and Borrowers. The Investers pay a certain monthly 
 subscription, during a fixed number of years, calculated as 
 sufficient for the realization of their Shares. The Bor- 
 rowers receive, at the time of obtaining an advance, the 
 full amount of their Shares, without any deduction beyond a 
 trifling commission, which is withheld as a contribution 
 towards the expenses and losses. This loan is secured by 
 a mortgage on the property purchased, and in return they 
 pay, during a fixed optional number of years previously 
 agreed upon, a suitable monthly subscription, by which 
 the debt is liquidated with interest. 
 
 “ The idea of a Society upon this principle, correctly 
 formed and afterwards properly managed, is of the most 
 admirable kind. For, on the one hand, it holds out in- 
 ducements to individuals to put by periodically from their 
 incomes small or large sums, which are invested for them 
 by the Society, and at the end of a certain time are repaid 
 to Jthem in the shape of a large accumulation, without 
 
 (a) 10 Geo. IV., c. 56, s. 32. 
 
 {b) Ibid. s. 24. 
 
 l<?) 4, 5 Will. IV., c. 40, s. 10. 
 
8 
 
 MUTUAL LAND SOCIETIES. 
 
 their having themselves the trouble of seeking for suitable 
 investments ; while, on the other hand, the money sub- 
 scribed, being advanced to some of the members, enables 
 them to purchase houses or similar property, and to repay 
 the loan by small periodical instalments, extended over a 
 number of years. 
 
 “ It is only by means of these Societies, that persons 
 who are not possessors of capital, and who merely receive 
 their income periodically, can ever become possessed of a 
 house. This they are enabled to do only from the prac- 
 tical fact that the annual repayments, required by a Society 
 upon a loan, do not much exceed the rent of a house, 
 which could be purchased with the sum borrowed. So that 
 a man, living ten or fourteen years in a house, instead of 
 paying his rent to his landlord, and thus losing so much 
 money for ever, pays it, with a small addition, to a 
 Building Society for a limited number of years ; and in 
 consideration of his consent to this arrangement, the Society 
 advances him at once the sum requisite for the purchase of 
 the property ; which thus, in the stipulated time, when the 
 loan has been repaid with interest, becomes entirely his 
 own, the money advanced being in the mean time secured 
 by a suitable mortgage. 
 
 “ Much good has been obtained through these Societies, 
 by their enabling so large a number of persons to become 
 possessors of houses and land ; which, on the conclusion 
 of their payments, they occupy free of rent, and can 
 transmit a little property to their family. This pecuniary 
 interest serves at once to bind them to the soil, and to pro- 
 mote a feeling of love and veneration for the national insti- 
 tutions of their country.’ ’ ( a ) 
 
 Their Present Position : 
 
 The present position of Building Societies is thus 
 described by a practical writer, thoroughly conversant with 
 all their details : — 
 
 “ The number of Building Societies already registered 
 exceeds 2,050, and new Societies are forming almost 
 daily, (£) The yearly income must now amount to four 
 
 (a) * Industrial Investment and Emigration’ (2nd Ed. 
 1851), by A. Scratchley, Actuary of the Western Life In- 
 surance Society. 
 
 (a) The number of Friendly Societies is very much 
 greater. “ Since the year 1828, the Registrar has enrolled 
 more than 14, COO Friendly Societies, of which he reckons 
 that 12,000 are now in existence, and there is a still larger 
 
MUTUAL LAND SOCIETIES. 
 
 9 
 
 millions sterling, and it is said that some of the largest of 
 these institutions in populous districts possess annual in- 
 comes of fifty or sixty thousand pounds each ; the whole of 
 which is advanced from time to time on the security of real 
 property, principally consisting of new buildings. What 
 an immense advantage must this expenditure be to various 
 branches of trade, by which others are collaterally bene- 
 fited ; and, in a political point of view, the beneficial 
 operation of these Societies is incalculable. 
 
 ‘ 4 Every one who has watched the progress of these 
 institutions, or who will take the trouble to inquire into it, 
 will not fail to be convinced of the extensive benefits which 
 they have already conferred on a large portion of the middle 
 and industrious classes, and the inducements held out to 
 them to become the owners of real property in some shape. 
 By these means such a permanent ownership in the soil, 
 and consequently in the institutions of the country, i3 
 created, as renders those Societies of vital importance, both 
 in a moral and political point of view. 
 
 “ Societies of this kind ought to have attracted even 
 more consideration and attention than they have hitherto 
 done. The ignorance which exists respecting them can 
 only be attributed to the strong prejudices which prevail 
 against anything new ; especially if its origin is to be traced 
 to the wisdom and energy of the industrious classes.” (a) 
 
 Their Practical. Operation. 
 
 It would be out of place here to explain in detail those 
 practical regulations, common to all Building Societies, by 
 which their members are enabled mutually to assist each 
 other in becoming, at their own option, either the 
 owners of small properties at wholesale prices, to be paid 
 for by convenient instalments, or the investers of small 
 sums, which may be withdrawn at any time with compound 
 interest. (£) It will suffice to observe, that the Benefit 
 
 number of Societies not enrolled.” — Commons ' Report , 
 made July 3rd, 1849, on Friendly Societies. 
 
 (a) Practical Treatise on Benefit Building Societies (1851), 
 by William Stone, Attorney- at-Law. 
 
 ( h ) For further details respecting Benefit Building So- 
 cieties see the works of A.Seratchley and W.Stone (1851), 
 already referred to. Also, the * Law relating to Ben. fit 
 Building Societies’ (1850), by W. Tidd Prate, barrister ; the 
 ‘ Law and Practice of Benefit Building Societies’ (1850), by 
 
10 
 
 MUTUAL LAND SOCIETIES. 
 
 Building Societies Act has been successfully applied, to an 
 extent probably not contemplated at the time it was passed. 
 For, although the Act directed that the Shares in a 
 Building Society should not exceed 150/. each, its phrase- 
 ology was considered not sufficiently explicit to prevent a 
 member from holding an unlimited number of shares, (a) 
 Building Societies have consequently become a familiar 
 mode of investing large sums as well as small savings. 
 
 “ They now embrace within their operation every class of 
 society, from the learned professions and superior tradesmen, 
 including a great portion of the gentry, down to the 
 mechanic, artizan, and domestic servant.” (b) 
 
 Freehold Is and Societies. 
 
 Within the last few years some successful attempts have 
 also been made in England, to establish Freehold Land 
 Societies, under the provisions of the Building Societies' 
 Act. Ihe object of these Land Societies is to pur- 
 chase Freehold Estates, through the intervention of trus- 
 tees, and afterwards to distribute the estates amongst the 
 members, according to fixed regulations, similar to those 
 by which the Building Societies are governed, and certified 
 in the same form by the Registrar of Friendly Societies. 
 
 Freehold Land Societies are calculated to effect much 
 social good, both by enabling many persons to become the 
 owners of small properties, and by forcing forward that 
 legislation which must sooner or later take place for the 
 purpose of facilitating all dealings relating to land. 
 
 Birmingham Band Society : 
 
 The earliest of these Land Societies was that called the 
 * Birmingham Freehold Land Society/ but certified by 
 
 J. Thompson, barrister; and the several numbers of ‘ The 
 Freeholder,' a monthly periodical, established on the 1st 
 of January, 1850, in connexion with the Freehold Land 
 Societies of England. 
 
 (a) See Morrison v. Glover; 19 Law Journal Reports , 
 N. S. Excb. 20. 
 
 (i h ) Stone on Benefit Building Societies. 
 
MUTUAL LAfrD SOCIETIES. 
 
 11 
 
 the Registrar under the name of the 1 Birmingham and 
 Midland Counties Benefit Building Investment and Land 
 Society.’ It was established in order to purchase estates 
 near the populous town of Birmingham ; and, by dividing 
 them into small lots, enable each of its members to acquire 
 a 40s. freehold franchise (a) for North Warwickshire or 
 South Staffordshire. 
 
 Its Origin and Progress. 
 
 The Birmingham Land Society was formed in Septem- 
 ber, 1847. Its rules were certified on the 27th of Decem- 
 ber following ; and at the end of the first year, terminating 
 in September, 1848, its first report stated that its subscrip- 
 tions then amounted to ,£500 per month, and that it had 
 already bought an estate for £3,700, which had been allotted 
 amongst 195 members. Before the 1st of October, 1850, 
 £25,000 had been subscribed, and four estates purchased t 
 which were divided into 824 allotments, worth considerably 
 more than they had cost. In some instances the allottees 
 had received £50, for allotments which had cost them less 
 than £20 (b). Up to the present time, (August, 1851,) 
 upwards of £50,000 have been expended in the purchase 
 of estates, which have been distributed among the mem- 
 bers. About one-fourth of the allotments were in- 
 tended to be used as garden ground ; the remainder were for 
 building purposes, (c) 
 
 (a) The 40s. freehold franchise no longer exists in any 
 county of Ireland. For, upon the 13th of April, 1829, two 
 statutes (10 Geo. IV., cc. 7, 8) were passed ; the one for the 
 relief of Roman Catholics, and the other for the disfran- 
 chisement of the Irish 40s. freeholders. 
 
 ( b ) Letters dated 12th and 15th August, 1851, from Jamss 
 Taylor, Esq., Founder and Secretary of the Birmingham 
 Land Society. 
 
 \ (c) See Nos. 1, 11, and 13 of the Freeholder , which 
 contain official returns and reports exhibiting the origin 
 and progress of the Birmingham Freehold Land Society. 
 The same periodical. No. 13, contains the second annual 
 report of the Wolverhampton Freehold Land Society, 
 which states that — “ On the Moorsfield estate, allotments 
 which cost 25/. 13s. have sold at a profit of from 5/. to 10/. 
 
12 
 
 MUTUAL LAND SOCIETIES. 
 
 National If and Society: 
 
 In imitation of the Birmingham Society, many other 
 Freehold Land Societies have been since established, in 
 order to purchase estates at wholesale prices, for the pur- 
 pose of subsequent distribution among the members. It 
 may be useful to mention some particulars respecting the 
 most important of those Societies, called the * National 
 Freehold Land Society , y which was established in London 
 in November, 1849, and was certified under the name of 
 the 1 National Permanent Mutual Benefit Building 
 Society.’ 
 
 Its First Report: 
 
 The following extracts are taken from the first annual 
 report of the Society, made in November, 1850 : — 
 
 “ Up to the 31st of October last, 5,019 shares had been 
 taken by 2,824 members, and the total amount of money 
 subscribed was £21,257 18s. lOd. Fourteen estates, cost- 
 ing .£62,000 have been purchased for distribution among 
 the members, and five of these have been already 
 divided. 
 
 “It will be seen that a much larger sum than has been 
 contributed by the subscribing members has been expended 
 for their benefit ; a result mainly owing to the use of the 
 large amount of money received from those members who 
 have preferred to pay down the entire amount of their shares, 
 and at once take full possession of their allotments. 
 
 “ The Freehold Land movement, asis well known, originated 
 in a political object. But it is certain that these associations 
 have far outgrown their original limits, and have added to 
 the intention of their founders the higher and still more 
 important objects of social and moral amelioration. 
 
 “ The Society is at once a secure bank for savings, and a 
 most profitable investment for capital. From the rapid rate 
 at which its business is increasing, there can be but little 
 doubt that, within an exceedingly short space of time, it 
 will become one of the chief banks of deposit to which the 
 middle and working classes will resort. A safety beyond 
 
 each ; and, in several instances, more than double the 
 amount paid has been realized. Oa the Sedgley Road 
 estate, one of the allottees has refused 5s. per yard for land 
 which cost Is. Sd.per yard.” 
 
MUTUAL LAND SOCIETIES. 
 
 13 
 
 question ; a larger interest than can be obtained elsewhere ; 
 a right to withdraw at any time, without deduction, the 
 whole of the money subscribed, should unforeseen emer- 
 gencies arise $ a certainty of speedy, and a possibility of 
 immediate allotments of land, with all its rights and privi- 
 leges and a share of all surplus profits besides ; — are benefits 
 of which all classes of men must become, indeed are very 
 fast becoming, fully sensible.” (<z) 
 
 Its Present Position ; 
 
 The following description of the same Society is annexed 
 to the latest edition of its rules. 
 
 “ Up to this time (July 1851,) 24 Estates have been 
 purchased by the Society, at a cost of more than ^100,000 
 and 11,570 shares have been issued. Its principal objects 
 are, to qualify its members to vote at elections for coun- 
 ties, and to afford them a secure and profitable investment. 
 To accomplish these objects, freehold estates are pur- 
 chased and divided into lots, which vary considerably in 
 size and value. The lots are then ofifered to the members 
 at prices which include the expenses of conveyance ; and, 
 if any profit is made on the distribution of an estate, it 
 is added to the funds of the Society, and thus goes to 
 increase the annual profits divided among the members. 
 
 “ Every drawn share confers the right to chose one lot 
 unless any member holding several shares prefers to take, 
 several lots at a time. Any member having more rig its 
 than he wishes to exercise, may sell them 4 and any mem- 
 ber whose Share has been drawn, is thereby entitled to an 
 advance of money to pay for an allotment, or to the 
 advance, or to both ; and in no case will any mem- 
 ber be compelled to take either an allotment, or an ad- 
 vance. 
 
 u Registers, in which members may enter their rights to 
 allotments or advances which they wish to dispose of, and 
 the prices which they are willing to accept, are kept at the 
 office ; and, by inspecting such Register, any member, 
 wishing to obtain an allotment or an advance, may ascer- 
 tain the price at which the right to either can be procured. 
 The lowest price at which such rights are now selling is 
 *€3 ; but some, which secured an earlier choice have fetched 
 <£5 each ; and already many of the allotments, obtained by 
 the members, have been sold at prices considerably higher 
 than those which they paid for them.” 
 
 (a) See Freeholder of December 2 nd, 1850, p. 188. 
 
 B 
 
14 
 
 MUTUAL LAND SOCIETIES, 
 
 Its Mode of Operation. 
 
 The following passages present an accurate outline of 
 the mode of operation pursued by this Society : — 
 
 “ An estate is purchased, in reality by the National 
 Freehold Land Society, but apparently by two persons not 
 members of the Society, to whom the Society lends a 
 sufficient sum to pay for the estate, and also to improve, 
 survey, value, and allot it amongst the members. These 
 two persons apparently, but the Society in reality, re-sell 
 the estate in lots to the borrowing members; each of whom 
 either pays for his own lot at once, or executes to the 
 Society a mortgage to be paid off by instalments. Members 
 who have mortgaged their lots often sell them for large 
 premiums. 
 
 “ The profits of the Society are large ; because an estate 
 is sold by retail for a larger amount than its wholesale cost 
 price. Hitherto, however, the purchases have been con- 
 fined to land situate in populous districts, or near rail- 
 way stations, and intended to be used as building or as 
 garden ground, (a) It is wonderful how quickly the lots 
 pass from hand to hand, and how many become the suc- 
 cessive owners of a lot before it vests in an owner who 
 builds upon it. 
 
 “ Great pains are taken to equalize the value of the lots, 
 but it sometimes happens that a lot valued at ^40 is more 
 sought after than another lot valued at the same sum. 
 Thus the one lot might sell freely at a premium of «£T0, 
 whilst the other could not be sold at a premium. 
 
 “ Although originally started for a political object, that 
 element is now almost entirely sunk in the passion for 
 land, which impels some persons to become borrowing 
 members, and in the desire by others to invest their savings 
 at interest.” (6) 
 
 (a) At the National Freehold Land Conference, held on 
 26th of November, 1850, it was stated, that — The Na- 
 tional Freehold Land Society had just pm chased an estate 
 of 205 acres near a market town, from which they in' ended 
 to select about 30 or 40 acres most suitable for building, 
 and it was hoped that the rest would be apportioned to small 
 enterprising farmers.’' — See the Freeholder of December 
 2nd, 1850, p. 179. 
 
 (b) Letter, dated August 8th, 1851, from John Sadleir, 
 Esq., LVI.P. 
 
MUTUAL LAND SOCIETIES. 
 
 15 
 
 f$r. EVargus O’Connor’s JLand Scheme. 
 
 In the year 1849 a temporary feeling against all Land 
 Societies arose in England, in consequence, of the ill-success 
 of the Land Scheme of Mr. Feargus O’Connor. That 
 project was not registered, or established under any Act of 
 Parliament. Some 79,000 persons deposited in the hands of 
 Mr. O’Connor their subscriptions, amounting to about 
 i£ll2,000; out of which sum he bought, in his own name, 
 two estates called Sniggs’ End and O’Connorville. Those 
 properties were divided into several small farms, of one, two, 
 or three acres ; a small cottage was built on each allot- 
 ment, and a capital of from £15 to £30 was added to each. 
 The allotments were then distributed by ballot amongst 
 the numerous subscribers, subject to certain fixed rents. 
 Of those who obtained these allotments many were me- 
 chanics who had been receiving good wages, and had left 
 their employment in the towns in order to settle down as 
 farmers on small patches of land in a country district. 
 The natural result was, that they were unable to pay the 
 stipulated rents, and the whole project failed, through ma- 
 nifest defects inherent in its original constitution. Its fail- 
 ure caused some obloquy to be thrown upon its projector, 
 and led to the case of O’Connor v. Bradshaw ; an action 
 of libel, on the trial of which the facts were disclosed, 
 when the jury found a verdict for the defendant, at the 
 same time declaring that they regarded the plaintiff’s per- 
 sonal honesty as unimpeached. 
 
 Other English Esand Societies. 
 
 Besides the Birmingham Land Society and the National 
 Land Society there are several other Land Societies now 
 existing in England, constituted under the Building 
 Societies’ Act for the professed object of purchasing freehold 
 land and dividing it amongst the members. 
 
 At the present time, (August, 1851,) there are about 
 one hundred English Land Soci ties in operation, with 
 numerous branches. About ^250,000 have been contri- 
 buted and paid by 55,000 members, subscribing for 
 
16 
 
 MUTUAL LAND SOCIETIES. 
 
 70,000 Shares, of the ultimate value of nearly two million 3 
 of money. Numerous estates have been purchased, which 
 haye cost sums considerably exceeding the paid contribu- 
 tions of the subscribing members. 
 
 Hitherto the operation of the Freehold Land Societies* 
 has been of a limited character, confined chiefly to the dis- 
 tribution of small lots of ground, either for building pur- 
 poses, or in order to confer a 40s. franchise. There are, 
 however, some of those Societies which have distributed 
 land amongst their members for the purpose of being used 
 as gardens near large towns. In this manner a Land 
 Society at Ipswich has distributed about 200 garden lots* 
 Scottish JEjasad Societies 
 
 It should not be forgotten, that to Scotland is due the 
 distinguished merit of having originated Building Societies,, 
 some years prior to the statute by which they were sanc- 
 tioned and encouraged in 1836, In that country also. 
 Mutual Land Societies have been in existence for some 
 years past, founded upon the principles of Building 
 Societies. ( a ) 
 
 The following extracts will afford a correct idea of 
 the position and prospects of the Land Societies established 
 in the city of Edinburgh. 
 
 “ The shares held in Edinburgh, in Property In vest- 
 ment Companies amounted lately to at least £2,000. The 
 average income amounted to upwards of 120,000 a year, 
 and the total capital of the Societies, when the fourteeu 
 years are expired, would have amounted lately to £365,000 
 sterling, and including the capital of the new company 
 lately started it will amount to .£405,000. In the case of 
 one association, a fair sample of the rest, the number of 
 
 11 (a) The first Benefit Building Society, which can be 
 traced, was founded in 1815, under the auspices of ths 
 Earl of Selkirk. It was a village club, at Kircudbright, m 
 Scotland. Other institutions of a similar kind were after- 
 wards established in the same kingdom, under the title of 
 ' Menages and the system was soon adopted in England 
 by Societies formed in the neighbourhood of Manchester, 
 and Liverpool, and other parts of the North." — Seralchley 
 on ‘ Industrial Investment and Emigration..’ 
 
MUTUAL LAND SOCIETIES. 
 
 17 
 
 members was between twelve and thirteen hundred, hold- 
 ing amongst them 8,0/0 shares. Of these 8,070 shares, 
 no fewer than 6,000 are held by working men. The rest 
 are held by clerks, master tradesmen, merchants, and 
 others ; but it is a gratifying circumstance, that the great 
 mass of the shares appear to be held by the very class of 
 society, whose advantage it ought to be the chief object to 
 promote. 
 
 1 ‘ Great bulks of landed property are now beginning to 
 be soid, and what is a singular fact, a great deal of that 
 land at this moment is offered for sale at as low a price 
 almost as land can be got at in the more populous districts 
 of the Colonies. For example, the estate of Islay contains 
 139,700 acres of land, and the mass of that land is so excel- 
 lent, and the climate so good, that that island alone would 
 sustain the whole population of the Hebrides if it were 
 properly managed. The rental of it is £19,000 a year. 
 It is offered for sale at present at <£500,000 ; that is to 
 say, it is offered on an average of £3 11s. 7d. an acre, or 
 for £192 fifty-three acres can be bought. If, instead of 
 selling it in one great mass, it were sold in sections, for 
 less than £200 a man might obtain fifty-three acres* of it, 
 or far more than enough to sustain himself and his family 
 in comfort for life. 
 
 “Now the question comes to be, why should not that 
 land be bought by means of those Property Investment 
 Companies. Men go to the colonies to buy land, but 
 there are a great many reasons why, if matters were pro- 
 perly regulated, a man had better buy land in his own 
 country. 1 do not say that things being as they are, and 
 were they permanently to continue as they are, it would not 
 be an advantageous thing to go to the Colonies ; but if we 
 could get our own country opened up to the fair competi- 
 tion of its inhabitants, it would be far better fora colony to 
 go and settle themselves in their own land, than to go and 
 face the dreadful climate of Canada, to cut down its gigan- 
 tic woods, to endure the fever and ague that lurk in its 
 swamps, and to meet the many other hardships to which a 
 settler is exposed. Far better would it be to go and take 
 possession of a piece of land within six hours sail of Glas- 
 gow, which could be got almost as cheap, and which would 
 be productive of advantages to the man and to his children, 
 to a far greater extent than be can ever hope to obtain in 
 any colony whatever. And then look at the advantages to 
 the country. Who are the men that are d?iven out of the 
 •country by means of this forced emigration ? They are the 
 
18 
 
 MUTUAL LAND SOCIETIES* 
 
 very back-bone and sinew of the country. This estate of 
 Islay is not populated by one-third the number it could 
 contain, and yet at this moment it is in contemplation to 
 send out a large number of its very best, its most indus- 
 trious, its most substantial people to other lands. ” (a) 
 
 These impressive statements might be applied with 
 even greater force to the present condition of the land of 
 Ireland. In Ireland large blocks of land, which become 
 daily more depopulated and waste, are now for sale in 
 every quarter of the island, whilst a “ forced emigration" 
 continues to drive out _** the very backbone and sinew of 
 the country." 
 
 Irish ]Land Societies. 
 
 Hitherto no Land Society has been established in Ireland, 
 under the provisions of the Benefit Building Societies’ Act. 
 The peculiar privileges afforded by that Statute have been 
 made use of in the City of Dublin, by the institution of 
 only two Building Societies of minor importance. The 
 operations of those bodies are of too limited a character to 
 require notice. 
 
 There can, however, be little doubt that the principles 
 which should regulate a Mutual Land Society might at the 
 present time be developed in Ireland, with a better prospect 
 of success than in any other part of the United Kingdom. 
 
 Some of the reasons for now instituting an Irish Land 
 Society, and for anticipating a successful result, have been 
 thus expressed in a recent Treatise : — 
 
 “ More than a million acres of the finest tillage and pas-^ 
 ture lands of Ireland are out of occupation, or passing 
 through the Incumbered Estates Court, to become the 
 property of new owners. A multitude of the best trained 
 Irish farmers and artizans are at the same time carrying 
 away their skill and savings to enrich foreign countries. It 
 is computed that in four years these emigrants have taken 
 out of Ireland, in money alone, more capital than would 
 
 (a) “ How Every Man may become his own Landlord ; or, 
 a way by which to elevate the condition of the masses of 
 Britain, and develope the resources of the country : 1f 
 (1851.) By James Begg, D.D. 
 
MUTUAL LAND SOCfETl&S. 
 
 19 
 
 have purchased the fee-simple of all the landed property 
 which has changed hands since the first year of the Famine. 
 
 “ A way remains by which those men may be honestly 
 invited to remain at home and enjoy a happier, and even a 
 surer, prosperity; and this way is to enable them to become 
 Small Proprietors in their native country. 
 
 “ There is more Irish money deposited in the Irish funds 
 than would purchase the fee simple of seven entire counties, 
 or one of the provinces. There is more Irish money lying 
 as deposits in the Friendly Societies and Savings’ Banks 
 than would purchase the fee simple of several other counties. 
 A large proportion of this accumulation belongs to men of 
 limited means, who would probably desire to become small 
 proprietors. Nearly twelve thousand fund- holders are 
 owners of sums of 200 1. or under — men shut out from the 
 individual purchase of land by the smallness of their capital. 
 The large majority of them are said to be farmers. In the 
 Savings’ Banks, all depositors are necessarily owners of 
 small accumulations. The aggregate amount of all these 
 various deposits is above forty-five millions sterling. 
 
 il Beyond this huge sum, there are many millions of Irish 
 money in the English Funds. There is also an immense 
 sum, the amount of which cannot be ascertained with ac- 
 curacy, lent in small loan^ on freehold property ; often by 
 tenants to their landlords, or by other parties who would 
 probably purchase land with their capital instead of lending 
 it at interest, if a suitable opportunity offered. Although 
 the last five years have drained away a large share of the 
 savings of the working farmers, it is believed, by men well 
 acquainted with them, that a considerable number would 
 still he found, able to become purchasers with the aid of a 
 Land Society.” 
 
 “ The very smallest operations of an Irish Land Society 
 would effect some practical good ; its full and complete 
 development would not leave a wotkhouse or a waste in all 
 Ireland. It would draw forth the physical elements of 
 wealth and power with which the country is stored ; and 
 preserve, in their new life of solid independence, that 
 simplicity and purity of character which, under favorable 
 circumstances, distinguish the Irish people.” ( a ) 
 
 (a) The above extracts are given, with the kind per- 
 mission of its Author, from a very practical Treatise called 
 “ A Proposal for Establishing a Small Proprietor’s Society 
 for Ireland.” It has hitherto been privately circulated, 
 but it is hoped may soon be made public. 
 
2G 
 
 MUTUAL LAND SOCIETIES. 
 
 The following plain statements may also assist in forming 
 a correct judgment respecting the protable success of an 
 Irish Land Society : — 
 
 “ I have made it my business to confer with some 
 leading members of these English Land Societies, have 
 carefully examined their working, and have no doubt they 
 could be extended to Ireland with complete success. 
 Of this indeed I have had some recent proof. 
 
 “ An estate was lately sold in the Incumbered Estates 
 Court, which was purchased by me for an English creditor, 
 whose object was to obtain the repayment of his debt. 
 The occupiers were mere yearly tenants, and were under 
 a well-founded apprehension that they would soon be re- 
 moved from their holdings by a local party who had in- 
 tended to purchase the estate. However, on completing 
 the purchase, I had no difficulty in arranging that each of 
 these tenants should become at once the purchaser and 
 owner of his own farm ; for they were all most anxious to 
 pay down, in some instances one-half, in others one-third, 
 of the sums allotted as the prices of their farms, and to 
 secure by mortgages the gradual liquidation of the unpaid 
 balances. 
 
 “Through this arrangement these farmers, whose families 
 had for generations occupied the estate as mere yearly 
 tenants, are now its actual proprietors; and the puisne 
 creditor, who was able and willing to forward the operation, 
 is well rewarded by having secured a large portion of his 
 debt, which would otherwise have been entirely lost. 
 
 “Lands which would be now uninhabited, remain well 
 peopled, and are fully cropped this year. Already these 
 farmer-proprietors exhibit a degree of active industry, 
 which strikingly contrasts with their former hopeless state, 
 whilst living under the apprehension of being removed from 
 their farms.’ ’ (a) 
 
 It is perhaps unnecessary to accumulate facts or arguments 
 to demonstrate the utility of establishing a Mutual Land 
 Society in Ireland, for the purchase and distribution of 
 large Estates. The necessity for an increased number of 
 Yeoman Proprietors was distinctly stated in the Report 
 made by the Devon Land Commissioners, and was soon 
 
 (o) Letter, of August 12, 1851, from J.Sadleir,Eeq.,M.P. 
 
MUTUAL LAND SOCIETIES. 
 
 1 
 
 afterwards recognised by an Act of Parliament passed in 
 the Session of 1818, called the Farmer’s Estate 
 Society Act. («) That Act had for its expressed 
 object — “ The formation and establishment of a per- 
 manent body of independent Yeomen, consisting of 
 resident proprietors holding farms in fee simple containing 
 respectively not’less than 30 acres, who would materially 
 improve the social condition of Ireland, by promoting the 
 better cultivation of land, the reclamation of waste land, 
 and by personally interesting a large proportion of the popu- 
 lation in the preservation of peace and order.” 
 
 Those statements, were based upon evidence given in the 
 month of January 1848, before a Select Committee upon 
 the Farmers’ Estate Society Bill, by some witnesses of 
 great experience in Irish land, and who could not be 
 supposed to feel any undue bias in favor of small pro- 
 perties. 
 
 Amongst these, the nobleman (b) who had presided over 
 the Devon Land Commission stated, that : — 
 
 “ The Commission came to the conclusion, that it would 
 be very desirable that facilities should be given for the sale 
 of estates, in various ways ; and particularly in smaller divi- 
 sions than they are now usually brought to the public 
 market. The result of our observation through the country 
 was, that if there should grow up a class of small proprietors, 
 holding that quantity of land upon which they were likely 
 to reside, it would operate as a very great social improve- 
 ment in Ireland. 
 
 “ The social condition of Ireland can only be improved 
 through the medium of agricultural improvement ; and the 
 best mode of promoting that improvement would be, to 
 give a larger number of persons than now enjoy it an abso- 
 lute interest in the improvement of the land, by making 
 them proprietors. Every thing which gave a considerable 
 number of persons a strong interest in the peace and tran- 
 quillity of the country would tend to increase that peace. 
 
 “ One mode by which the sale of land could be effected 
 
 (a) II, 12 Viet. c. cliii. ( Private Act ) 
 
 (b) The Earl of Devon. 
 
22 
 
 MUTUAL LAND SOCIETIES. 
 
 would be, by making provision for deferred payments, 
 making: the purchase-money payable by deferred instal- 
 ments.’ * 
 
 Another member cf the Land Commission, and a large 
 landed proprietor in Ireland ( a ) testified, that: — 
 
 “ There is now in Ireland a very large class of people 
 who have made money in trade in country towns, and every- 
 body knows that there is a great desire in Ireland to acquire 
 a permanent interest in land. That class of people — men 
 who acquire a permanent interest in land to the extent of 
 20 or 30 or 50 acres — would constitute the very best 
 class that could be imagined for the social improvement of 
 Ireland. In the county Down, which is one of the most 
 peaceable and prosperous in all Ireland, the number of 
 small farmers is greater than in any part of Ireland. 
 
 “ Generally speaking, I am not at all an advocate for 
 very small farms.” 
 
 The present Attorney- General (&), himself a land- 
 owner, also gave it as his deliberate opinion, that it was 
 desirable to form a permanent body of independent yeomen 
 in Ireland, and added : — 
 
 “ I have no doubt there are many persons in Ireland 
 possessing limited amounts of capital which they would be 
 likely to employ in the purchase of small portions of land, 
 provided there were freedom of access to such purchases 
 and facility as to title. I have no doubt there are persons 
 so disposed, to an extent sufficient to make it worth while 
 to try an experiment with regard to it.” 
 
 It would be easy to adduce other high testimonies, to 
 the great benefits which all parties interested in the land of 
 Ireland, would derive from affording additional means for 
 increasing the number of its proprietors, and from the 
 adoption of such measures as would be suited to facilitate 
 the free sale and transfer of real estate. 
 
 The present owners of the land constitute that class of 
 persons, who, above all others would derive the most imme- 
 diate benefit from the great increase in its value which 
 
 (a) George Alexander Hamilton, Esq., M.P. 
 
 ( b ) The Right Hon John Hatchell, M.P. 
 
MUTUAL LANb SOCIETIES. 
 
 23 
 
 should be the necessary consequence of facilitating its free 
 transfer. It 4 was mainly for this reason, and fully sensible 
 of their own interests, that in the month of April, 1850, a 
 large body of the Landed Proprietors of Ireland signed a 
 Petition to both Houses of Parliament, which concluded 
 with a prayer, that “ due and proper faciluics should 
 be afforded to all proprietors, to raise money by means of 
 land debentures, in the most simple and convenient form, 
 and that such measures should also be passed as would be best 
 calculated to enable any landowner to sell and dispose of 
 his estate, in a cheap and effectual manner, or to give sim- 
 ple and available securities for his debts.” (a) 
 
 Savings’ Committee : 
 
 It may be safely affirmed that public opinion throughout 
 the United Kingdom has long favored the principle of 
 facilitating the sale and transfer of land. 
 
 Any application of the Building Societies 7 Act, upon a 
 large scale, to the acquisition and distribution cf estates, 
 would, no doubt, quicken the progress of that direct 
 legislation, now so long deferred, upon a subject of vital 
 interest to all industrious classes, and to which so much 
 attention was directed in the course of the Session of 1850. 
 During that year a Select Committee was appointed, “ to 
 consider and suggest means of removing obstacles and 
 giving facilities to safe investments for the Savings of the 
 middie and working classes.” 
 
 Its Proposed Report : 
 
 With this object, some most experienced witnesses were 
 examined, and based upon their evidence the draft of a 
 report was submitted to the Committee, containing the 
 following recommendations : — 
 
 “Your Committee think steps should betaken to remove 
 obstacles to investments in land. They rejoice to find this 
 improvement has been commenced in Ireland by recent 
 
 (a) For a full copy of this remarkable Petition, see “ The 
 Irish Land Question, ” Note ix. p. 252. 
 
24 
 
 MUTUAL LAND SOCIETIES. 
 
 legislation, whereby a clear parliamentary title is given after 
 due examination, facilities for short conveyances ere afforded, 
 and it is proposed that charges on land be so simplified and 
 so easily divided as to pass irom hand to hand in the form 
 of debentures.” 
 
 “Your Committee are of opinion that such improve- 
 ments, carried out and extended to Great Britain, would 
 much facilitate the investments desired, and give many ad- 
 vantages at the same time to the owners of land and the 
 industrious classes of the country. 
 
 “ Your Committee think it possible to anticipate some 
 of the benefits likely to arise from any such general mea- 
 sure, if similar facilities were given here to landowners, 
 willing to submit th ir titles to authorised examinations 
 with a view to sales of their land in smaller portions, who 
 were desirous of such a privilege, and willing to pay the 
 necessary expense attending it.” 
 
 Sts Final Report. 
 
 On account, however of a Royal Commission previously 
 appointed to consider the law of real property, the Savings* 
 Committee omitted the foregoing recommendations from 
 their Final Report, date July 5th, 1850, which stated : — 
 
 “ If our Committee think the importance of removing ob- 
 structions to the secure investment of th^ir Swings to the 
 middle and working classes can scarcely be overrated ; 
 because this is a consideration upon which the industry, 
 enterprise, and forethought of those classes greatly depend. 
 
 “ Your Committee have proceeded to examine existing 
 obstacles to such investments, and to consider how far it 
 may be practicable to lemove them, and in what manner 
 this may be accomplished. 
 
 “ Investments in land, or landed securities, are much 
 desired by the middle and working classes ; but the un- 
 certainty and complexity of titles, and the length and 
 expense of conveyances, together with the cost of stamps, 
 place this species of investment generally beyond the reach 
 of those parties. Mortgages on land are liable to the same 
 sort of difficulties, and often also prove insecure invest- 
 ments. 
 
 “ Your Committee think that the greatest benefit would 
 be conferred, both upon the owners of land and upon the 
 
MUftTAL LAND SOCIETIES. 
 
 25 
 
 smaller capitalists desirous of purchasing land in small 
 portions, or of lending money in small amounts upon landed 
 securities, by the simplification of titles and the shortening 
 of conveyances ; but as the evils of the present law of real pro- 
 perty are under the consideration of the Commissioners (a) 
 appointed by her Majesty for that purpose, they do not 
 think it necessary to enter into further detail upon this 
 subject.” 
 
 The Report then proceeds to suggest some improve- 
 ments in the general law of partnership, and thus con- 
 cludes : — 
 
 “It is the conviction of your Committee that if such 
 measures were carried into effect a stimulus would be given 
 to the industry of the country likely to cause additional 
 employment and contentment, without injury to any class, 
 and with added security to the welfare of all.” 
 
 Since that Report was presented, no step has been taken 
 in reference to its pressing recommendations. 
 
 Continental JLand Systems. 
 
 The benefits which the industrious classes, as well as the 
 owners of land* have already experienced in some Conti- 
 nental coun ries, through the possession of a simple mode of 
 transferring or charging their landed property, will suffi- 
 ciently appear from some valuable evidence given by an 
 eminent English counsel before the Savings’ Commitee: — 
 
 “ In England, dealings in land are a luxury, that a rich 
 man may indulge in — that a poor man cannot indulge in. 
 
 “ In Belgium there is a class we should call stock- 
 brokers, but they are connected with dealings in land, 
 mortgages, and transactions in land ; and any persons wish- 
 ing to invest a large or a small sum going to them, has no 
 greater difficulty in having the transaction arranged, safely 
 and properly, than we have in buying stock, and going to 
 a broker for that purpose. It is just as simple and as 
 easy. 
 
 “ In Hamburgh, and in Frankfort, all persons such as 
 our bankers, and brokers, if they have any money that they 
 wish to make available, instead of laying it out, as our bank- 
 
 (a) The Report of these Commissioners has not yet ap- 
 peared. 
 
 c 
 
25 
 
 MUTUAL LAND SOCIETIES. 
 
 ers would, in the funds, or in Exchequer bills, or other 
 securities, would invest it in land, which we, according to 
 the present state of the law, do not consider an available 
 security. The difference is, in fact, quite reversed. A 
 banker in Frankfort takes this investment in land as not 
 only the safest and the best, but because it is the most 
 readily turned into money, with less deductions or less in- 
 fluence from any circumstances. They prefer those secu- 
 rities to bonds or to bills, or to any other securities that 
 are at all available to them as men dealing in money. 
 
 “ The Government also have a great advantage, from 
 the constant dealings with land. It brings in a stamp duty, 
 and a much larger sum is raised that manner, by way of 
 revenue, than is raised in this country.” ( a ) 
 
 Referring to those propositions, which had been shortly 
 before urged upon Parliament by the petition of the Irish 
 landowners, the same witness states : — 
 
 44 It is proposed, after an examination of title, to give a 
 Parliamentary title, secure against all the world ; and then 
 the sum lent is proposed to be divided into debentures, and 
 those debentures are intended to be transferable. Nothing 
 can be safer, and nothing can be better, and nothing more 
 practicable. Such a system is in force in Prussia, and has 
 been in use for centuries, or one that is very much the 
 same ; and I cannot see why it should not be introduced 
 with advantage into this country. It is certainly surprising 
 that the landowners in England do not insist on some such 
 machinery, which, I believe, might be introduced with 
 even greater safety here than in Ireland. 
 
 “ In Belgium, and Prussia, and other parts of the Con- 
 tinent, there is a perfectly easy mode of lending money. It 
 is an affair of an afternoon. 
 
 “ It will be found that where the law is simple, and these 
 transactions are simple, the less rate of interest there is, 
 and the larger the quantity of capital which takes that direc- 
 tion. The landowners are able to borrow at a less rate of 
 interest than they are in this country. In Belgium there is 
 no difficulty in investing money in land, as the savings* 
 bank of the country. Persons there invest their money 
 usually, if they have a small saving, in land.” ( b ) 
 
 (a) Evidence of James Stewart, Esq. 
 
 (If) Ibid. The valuable testimony given by Mr. Stewart 
 to the practical benefits derived by some continental 
 
MUTUAL LAND SOCIETIES. 
 
 2 
 
 With respect to the beneficial effects of land debentures 
 similar opinions were thus expressed by a 'distinguished 
 economist, in his evidence before the same Committee : — 
 
 li In Germany, one of the safest and most usual invest- 
 ments for small sums is in a kind of land debentures. 
 The mortgages there were divided into shares, and the 
 documents which conferred the right to those shares were 
 very generally in use as investments by all classes, and were 
 found very convenient, and increased very much the facili- 
 ties of mortgaging land for its value. They also increased 
 the value of land.” ( a ) 
 
 Future Legislation. 
 
 The foregoing statements will abundantly suffice to 
 indicate the existence of some constitutional disease in the 
 present Land System of these countries, and the pressing ne- 
 cessity for the immediate application of some adequate cure. 
 The great exertions, which a large portion of the people of 
 Great Britain are now making to establish Mutual Land 
 Societies, may be regarded as a strong effort of nature to 
 escape from the evil effects of an unsuitable Land System. 
 
 But any remedy which the future operations of those 
 Societies may be able to afford must remain of an incom- 
 plete and limited character, until aided by the introduction 
 of a better System. For it could not be anticipated that 
 any Land Society, or number of persons, can, by their 
 collective or individual efforts, effectually extirpate those 
 inherent evils which the legislature alone is competent to 
 remove ; and it would be a mistake to suppose that the 
 law relating to Mutual Land Societies or to Building 
 Societies is in a state altogether so satisfactory as might be 
 desired. 
 
 Some experienced writers, who have described the great 
 
 countries from a simple land system, combining the prin- 
 ciple of land debentures, affords a strong confirmation of the 
 views already advanced by the present writer, with respect 
 to the advantages which the landowners of these countries 
 might also enjoy from the adoption of a similar land system. 
 — See the “ Irish Land Question” (1851.) 
 
 (a) Evidence of John Stuart Mill, Esq. 
 
23 
 
 MUTUAL LAND SOCIETIES. 
 
 and increasing importance of the numerous Societies formed 
 under the Buildings Societies’ Act complain, that 
 
 “ Building Societies are not based on that firm founda- 
 tion, with reference to their legal position, which their 
 present importance imperatively demands. It cannot now 
 be doubted the time has arrived for the Legislature to 
 explain and extend the existing Statute.” («) 
 
 Future Privileges . 
 
 Among the privileges that might be usefully conferred 
 upon Land Societies, to enable them to enlarge their opera- 
 tions, would be, a power to purchase land in a direct form, 
 for distribution among the members : a summary power to 
 recover possession from any defaulting allottees ; and a 
 power to charge each allotment with negotiable land de- 
 bentures, corresponding with the unpaid instalments of the 
 purchase-money. These debentures would enable the So- 
 ciety, from time to time, to replace its original funds, and 
 be thereby placed in a position to increase its purchases to an 
 unlimited extent. 
 
 It is obvious that a power to charge each allotment with 
 negotiable debentures, would most materially accelerate 
 the operations of a Mutual Land Society established for 
 the purchase of large estates, to be divided into suit- 
 able farms. These debentures would enable the Society 
 to relieve itself from all trouble of collecting from each 
 allottee the unpaid instalments of his purchase money. 
 The available funds of the Society would be thus doubled in 
 the first instance, and would afterwards continue to increase 
 in an arithmetical ratio, through the future subscriptions 
 of its investing members. 
 
 Any privileges or exemptions requisite for the more 
 perfect establishment and more convenient working of 
 L?.nd Societies, or even for introducing a New Law System, 
 would be less innovating than those already granted by 
 the Benefit Building Societies’ Act. 
 
 (a) Stone on Benefit Building Societies. 
 
MUTUAL LAND SOCIETIES. 
 
 29 
 
 Conclusion, 
 
 Even under the existing laws, some additional facilities 
 for the sale and transfer of land in Ireland, so as to benefit 
 all parties, might be obtained through the various privi- 
 leges conferred by the Building Societies* Act. 
 
 Unfortunately a Government will seldom so far overcome 
 its official supineriess as to adopt the initiative in effecting a 
 thorough reform of admitted abuses, or voluntarily under- 
 take an unaccustomed labor, unless it shall be urged for- 
 ward by that strong * pressure from without* which is 
 always most usefully applied when demanding a practical 
 remedy for an acknowledged evil. The pressure already 
 created by the increasing operations of the English Land 
 Societies would necessarily be increased by an Irish Land 
 Society, founded under the Building Societies* Act, for the 
 legal purpose of raising funds to assist its members in ob- 
 taining small freehold properties. 
 
 It appears from the preamble to the Building Societies’ 
 Act, that it was called into existence in order to encourage 
 and protect those numerous Building Societies which had 
 already been already established in different parts of the 
 United Kingdom. (a) In the present condition of Ireland, 
 it cannot be denied that Land Societies in that country 
 would be as fit objects for encouragement and protection as 
 Building Societies were in 1836, and it would appear more 
 expedient that Land Societies in both England and Ireland 
 shall be sanctioned through appropriate legislation, in a 
 direct form, than that they shall continue to act under 
 any indirect application of a statute which may seem to have 
 been introduced for a different object. It might therefore 
 be reasonably expected that the establishment of a Mutual 
 Land Society, upon an extensive scale, and carefully consli- 
 
 (a) “ After the year 1830, Building Societies increased so 
 rapidly that, on the 14th of July, 1836, a special Act (6, 7 
 Will. IV., c« 32), was passed for their encouragement and 
 protection.’* — Scratchley on * Industrial Investment and 
 Emigration,* p. 5. 
 
30 
 
 MUTUAL LAND SOCIETIES. 
 
 tated within the strict terras of the Building Societies’ Acts, 
 would soon induce the Legislature to convert its intermi- 
 nable deliberations and reports into some useful legislation. 
 
 In the meantime the institution of a Mutual Land So- 
 ciety would operate towards accomplishing in Ireland many 
 of those useful objects which appear, from the foregoing 
 statements to be already sanctioned by high authorities, 
 and tested by past experience in other countries. 
 
 It would “ assist the members in obtaining small freehold 
 properties,” and thus aid in “ the formation of a perma- 
 nent body of independent yeomen, consisting of resident 
 proprietors interested in the preservation of peace and 
 order ,’ 1 and constituting “the very best class that could 
 imagined for the social improvement of Ireland.” 
 
 It would “give a larger number of persons than now enjoy 
 it, an absolute interest in the improvement of the land, by 
 making them proprietors.” 
 
 It would “ provide a freedom of access to the purchase 
 of small portions of land and facilities as to title,” thus 
 creating a better demand for land, and increasing the value 
 of land to the present owners. 
 
 Its unstamped shares, transferable without stamp duty, 
 “ would furnish an easy mode of investing money in land or 
 in landed securities, as the savings’ bank of the country, and 
 as an affair of an afternoon.” 
 
 It would “ make provision for deferred payments — mak- 
 ing the purchase-money payable by deferred instalments.” 
 
 “ The uncertainty and complexity of titles, and the length 
 and expense of conveyances, together with the cost of 
 stamps,” would no longer “ place investments in land, 
 or landed securities, beyond the reach of the industrious 
 classes.” 
 
 Dealings in land would no longer be, “ a luxury that a 
 rich man may indulge in — thaf a poor man cannot indulge 
 
 in. 
 
MUTUAL LAND SOCIBTIRS. 
 
 31 
 
 But, above all, each industrious Irishman might hope 
 hereafter to live securely upon his own land, and “ a forced 
 emigration” would cease “ to drive out the very back-bone 
 and sinew of the country.” 
 
 The prospect of realizing these various benefits, even to 
 a limited extent, through the operations of a Mutual Land 
 Society, legally constituted under the Building Societies' 
 Act, would appear to entitle any practical proposal for the 
 institution of such a Society to the favorable consideration 
 of all persons whose interests are identified with the Land of 
 Ireland.