The Gazette 1921-25

The Gazette of the Incorporated Law Society of Ireland.

DECEMBER, 19231

United Kingdom, which shortage in the course of the four years preceding the War had accumulated as has been calculated to 200,000 houses less than the demand. As regards this country, it may be noted, that one of the reasons strongly urged in support of those clauses, was that the popu lation of Great Britain was increasing at a rate of 400,000 a year, that hence the value of land, especially in the vicinity of towns, must be increasing, and with a freak of reasoning the Act was applied to this country, where at the time the population was decreas ing at the rate of 45,000 a year. In the political jargon of the day, this alleged increase in land values was designated " unearned increment." This is a phrase to which it would be difficult to attach any legal right or obligation, and I now refer to these sections of the Finance Act as an example of the danger of the legislature following the dictates of the electioneering platform in respect to the ownership of property without reference to lawyers. The other measure to which I have referred is the Land Act, 1923. It is noteworthy as being an example, rare in the history of any country, of compulsory acquisition by the State of property on so large a scale. It is not, however, an acquisition by the State for the community at large. Its object is to satisfy the claims of the farmers who have failed to secure purchase of their holdings under previous purchase Acts, or of those whose holdings it is considered desirable to enlarge in agricultural and other interests. The conditions which called for much of the Land Legislation in this country have ceased, but the land purchase schemes embodied in that legislation, and especially that of this century, have rendered it advis able, if not imperative, that these purchase schemes initiated by the Parliament of the United Kingdom should be continued and completed. Owners of land and farmers were led to believe by the assurances of the Statesmen of the day who were in power, that such completion would be the care of and a charge upon the British Treasury in the event of separate legislatures, and for the land owners it is certainly unfortuante that the completion has fallen upon the Free State in their first

in deference to our custom, and with a view of emphasising and directing your notice to some of the chief subjects which have engaged our attention during the year. As a general observation in respect to that period, I am within the truth when I tell you that, in no year of the history of our Society have matters of such grave importance been submitted to the consideration of our Council; matters concerning not only our own profes sional interests, but matters affecting the entire community, and the future of our country. Among these, two infringe upon ownership to an extent which in past times and in normal conditions, would have seemed a serious trespass on the recognised rights of contract and possession. One of these is the continuance of the Rent and Mortgage Restriction Acts. The earlier of these enactments was intended to serve a transient purpose and to meet difficulties which, as was then hoped, would cease soon after the expiration of the War. But this hope was not fulfilled, and the Act of this year was consequently passed. My .uninformed opinion and wish was that the restrictions under the Act of 1920, should cease on its expiration, but I was one of the members of the Commission to whom it had been referred to consider the advisability of continuance or of amendment of that Act, and the evidence which was brought forward of the still existence of the conditions in amelioration of which the Act of 1920 and previous Act had been passed, left all the members of the Commission convinced of the advisability of continuance. To a large extent these conditions were the result of the Great War, but it is well to remember that in no small measure the mis guided legislation which was embodied in the land clauses of the Finance Act, 1909/10, contributed thereto. These clauses failed to satisfy the purposes for which they were ostensibly enacted, and the taxes payable thereunder fell for the most part on the enterprising builder. Thus in conjunction with the rising price of labour and material, such taxes proved a deterrent to the erection of new buildings, so that even before the Great War there was a shortage in the normal rate of building of houses in the