The Gazette 1909-10

11

The Gazette of the Incorporated Law Society of Ireland.

JUNE, 1909]

the estate, and a in advance what amount of purchase-money he could depend upon getting. The second ad vantage secured to the landlord by the Wyndham Act was the bonus and the in ducement which was offered thereby to tenants for life and other limited owners to sell. Then again the voluntary system of sales was preserved, and this worked well as between landlord and tenant. As a result we profes sional men know that the Department of the Estates Commissioners became congested by reason of the enormous number of estates that were brought in for sale, but then weak points were found in the administration. Prominently there was the want of finance. Sales were going too rapidly, money could not be provided in sufficient amount by the British Treasury. Losses resulted from flota tion of Guaranteed Land Stock. The staff of the Land Commission was quite insufficient to keep pace with the sales that were being brought into the Department. Accumulations of work rapidly arose. Then again other questions came before the three Estates Com missioners which occupied a great deal of their time, and we solicitors know that, en thusiastic as the three Estates Commissioners have been to give effect to the policy of the law, yet they can only do men's work, and business has necessarily got into arrear. One of the subjects which I think is responsible for occupying a great deal of the Commis sioners' time and attention has been that of the distribution of lands that have not been in the hands of tenants at all. Of course when land has been available, landless people have been looking for it, and time has been occu pied in endeavouring to satisfy persons who are difficult to deal with. All classes of the com munity have been protesting against the block of business in the Land Commission, and we solicitors, representing, as we do, every class of the community, not merely landlords and tenants, but every class, know well the feel ing throughout the country. Therefore, I venture to think that no profession is as com petent to form an unprejudiced and as clear an opinion on the working of the Land Acts and their proposed amendments as we solicitors. Now, turning to the proposed Amending Bill, which I gather is to occupy a good deal of Parliamentary time during the present session. I gather that there are proposals to change the methods of finance connected with the land purchase. There are proposals to raise the tenants' purchase annuity from 3^ per cent, to landlord could tell

the attitude of saying: "This duty has been charged for years, and you never protested against it." (A voice—we did protest against it). Yes, but there was no legislative measure brought to bear on it. He will say, " The only principle now at issue is the propriety of increasing the duties," and to my mind that is perhaps the only question we ought to concern ourselves with—an unjust imposition following up a tax which should never have been passed in regard to tenant-purchasers. I think we ought to protest against the general increase of taxes in this country by the Budget which is now on the eve of passing. We ought to deal with the whole problem. MR. JAMES HENRY : I think if we mix up general questions with the special one which is the subject of the resolution, it would only weaken, not strengthen it (hear, hear). The proposed raising of the stamp duty from IDS. to £1 per cent, has not yet passed—and some people say that is one of the things to be thrown over in the Budget—and we will have got our answer if in the ultimate result the.ios. will not be increased. But I think it would be a dangerous thing, and I think it would take away from the strength of our resolution, if we introduced or mixed up the general question which does not affect us differentially MR. WILLIAM FRY, Ex-President, said- It is not out of place at this half-yearly meet ing of our Society that we should consider for a few moments the pending land bill which has been introduced by the Chief Secretary for Ireland. This bill, on its face, purports to be an amending bill to the Wyndham Land Act. Now, the great advantages of the Wyndham Act were—firstly, as regards the tenant, that he obtained much greater facilities for pur chasing his holding. Under former Acts he had to repay the purchase-money advanced to him and the interest by annual payments equi valent to 4 per cent. Under the Wyndham Act the advance was to be repaid by a purchase annuity at the rate of ^3 $s. for every ;£ioo, and at the end of 68-J- years, both principal and interest having been repaid to the Government, the tenant had acquired the fee-simple of his land free from any annuity. The advantage to the landlord was that a system was introduced known as the zone system, which obviated the necessity for the Land Commission to value each holding on from England (hear, hear). The resolution was passed. The Amending Land Bill.