MR. O'BRIENasked the First Lord of the Treasury, Whether his attention has been called to the judgment of the County Down Sub-Commission delivered at Newtownards on 8th March, in the case of James Smith, tenant; the trustees of the Marquess of Downshire, landlord; to the effect that farm buildings erected by a leaseholder in conformity with a covenant of his lease become the absolute property of the landlord on the expiration of the lease, and are chargeable with judicial rent as against the tenant who erected them, even where proof is given of an Ulster tenant right custom on the estate which has hitherto been held to override the covenant; whether this decision affects a large body of leaseholders on the Downshire estate who have invested considerable capital in farm buildings on the faith of the legalisation of that custom; and, whether he intends to take any steps in the matter?
§ MR. TREVELYANWhoever answers this Question must act as the mouthpiece of the Land Commissioners; and, as my right hon. Friend is absent, I may be allowed to answer the Question. The Secretary of the Land Commission informs the Prime Minister that in this case the decision was given by a legal Assistant Commissioner in his judicial capacity. This decision is liable to review by the Land Commissioners sitting as a Court of Appeal; and the Commissioners think that they could not, with propriety, consent to any explanation or justification of his judgment being produced by the Assistant Commissioner for discussion.