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The immoral effect of entail, in emancipating the future heir,so soon as he is capable of being conscious of the independenceof his situation, from all controul of parental authority, is cer-tainly deserving of most serious consideration, although it fallsnot properly to be treated in a work of this nature. (See Karnes’sSketches, vol. iv. Appendix .)
The ruinous effects of the statute of entail, in authorising en-tailers so to fetter their successors, as to deprive them of all in-terest and inclination, as well as capacity, to improve, had arisento such an height, during little more than fourscore years of itsoperation, that, in 1770, a statute (act 10th, Geo. III.) was ap-plied for and obtained, granting some little relief from those ab-surd shackles which it had imposed.
In regard to improvements suited to the proprietors, (whichfall here to be considered), the possessing heir is, by this statute,allowed to lay out money in permanent agricultural improvements,(such as planting wood, enclosing, draining, building farm-houses),which are not supposed fully to indemnify a liferenter by their re-turn ; * and to constitute himself a creditor against the succeed-ing heir of entail, for the money so laid out, to the extent offour years free rent of the estate, as the rents shall be at the termof such successor’s entering into possession ; provided such pro-prietor charges only against his successor three-fourths of the ex-penditure he himself has actually made ; provided, also, that thesuccessor shall not be obliged to repay, in satisfaction of the claim,nhove one-third yearly of the free rents he receives; and if hedies before the debt is thus extinguished, the residuary claim ex-tends, in like manner, to the next succeeding heir, who is liablem the resting balance. Provision is also made, to make the pos-sessing heir creditor upon his successor, for building, or repair-m giOr adding to the mansion-house, to the extent of three-fourths°f the money so expended; but that he shall, in like manner, notcreditor, upon this account, to above the extent of two years■ice rent of the estate, the possessing heir being liable in a thirdonly of what rent he draws. Provision is also made for executingexchanges of land, (which may so often be of advantage to themost profitable occupation of the lands betwixt which these in-terchanges are made), to the extent of thirty acres of arable,a nd of one hundred of hill land, unfit for the plough. To thisextent exchanges are limited, in transacting with any one conter-minous proprietor; but there are ways of creating conterminousPtoprietors, by fictilious sales, which, though a round-about and^pensive way, may, nevertheless, render the latitude of the actmerably sufficient for all purposes of profitable exchange.
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sid ’’ dou t>»ed if liming of land, or any plough culture on wastes, is con-iv. ere( * as ° ne °f those permanent improvements of too distant return to repay^ Possessing heir.