The Gazette 1921-25

The Gazette of the Incorporated Law Society of Ireland.

28

[DECEMBER, 1923

years

of government, when

the present

We senior members of the profession know how frequent and how unsatisfactory the land law legislation was subsequent to 1870. Perhaps the most comprehensive and most equitable measure for the settlement of the land question, as between landlord and tenant, was the Act of 1903; but its full operation was frustrated mainly by the British Treasury, and many land owners as well as tenants were misled that the operation of the Act of 1903 was not carried to the completion. Historians tell us that the foundation of property in land is political, not ethical; but whatever historic sanction there may be for this proposition, it is manifest that where ownership of land, such as that which existed for centuries in this country, has become during that long interval the subject of sale and purchase, and the most important foundation of the commercial credit of the country, compulsory acquisition by the State, is both dangerous and inequitable unless with adequate compensation. The Government of the Free State, as I have submitted, appear to be doing their utmost in the rate of compensation provided for by the Land Act, 1923, having regard to the financial state of the country ; but in all honesty, supplemental to this, the British Government should assist. The present and its needs cannot be properly understood without reference to the past, and I have therefore ventured to remind you of the past by this short retrospect. We must hope now that the Act of 1923 will not only end the long standing Land question, but in a wise administration will begin a new era of agricultural prosperity in the country. A matter which, though it is one of deep concern to the whole community, yet more nearly touches the interests of the profession, is the judiciary Bill which is still pending in the Dail. To what is stated on the subject in our report, I have only to add that it was with extreme reluctance that your Council con sented to the extension of the jurisdiction of the proposed Circuit Courts to actions in contracts up to £300, and in tort, £100.

financial state of the country apparently does not admit of the Government offering more generous terms than those which have been offered. It is submitted, however, that the Govern ment of Great Britain should be reminded of its honourable obligation to aid in this completion, and be requested to do so through or with the approval of our Govern ment. Not only in respect to what may be called the lessor's interest but also in respect to the interest of the lessee of large holdings, great and unusual powers have been reserved by the Act to the Land Commission, and it is to be hoped that these powers shall be exercised with wisdom, and with recognition that the man farming and grazing on a large scale who does justice to his lands in the course of agriculture, or in the improvement of cattle breeding, is an absolute necessity for agricultural progress. For centuries the land question has been a festering sore in Irish political and economic life.. Note the following words:—"These poor people have been accustomed to as much injustice and oppression from their landlords the great men, and those who should have done them right as any people in that which we call Christendom. Sir, if justice were im partially administered here, the foregoing darkness and corruption would make it look so much the more glorious and beautiful." It may surprise some of my listeners to learn that these words are taken from a letter of Oliver Cromwell. But even before the date of that letter, in the reign of James I, a similar reproach was made by Sir John Davis in his " Discovery of the state of Ireland." What we have to deplore now is, that ameliorating legislation came so tardily, or in so incomplete a shape, as sometimes to render conditions worse. After the lapse of over two hundred years from the date of Cromwell's letter, the first ameliorating Act was passed. This was the Land Act of 1849, establishing the Incumbered Estates Court. That Act was baneful both to landlord and tenant, and certainly the Land Act of 1860 was not helpful to either.