HC Deb 09 August 1887 vol 318 cc1716-7
MR. BLANE (Armagh, S.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, If, on the 25th October, 1886, Mr. J. W. Nagle wrote to the Secretary of the Irish Land Commission, asking if, in the case of "Edward R. Smyth, landlord, v. James Woods, tenant," to restrain proceedings on notice to quit, the matter would be heard before the Sub-Commission or Land Commission, and whether evidence was to be taken vivâ voce or by affidavit; whether Mr. Denis Godley, the Secretary of the Land Commission, replied "that the case would be heard in the usual way by the Sub-Commission; "whether, on 1st April, 1887, Mr. McGeagh wrote from the Fermanagh Club, Enniskillen, to Mr. J. W. Nagle, saying that he was instructed by Mr. Greer, Sub-Commissioner, "that the Sub-Commission Court has no jurisdiction; "whether, in consequence of that statement, the tenant was mulcted in his own costs, and all his witnesses' expenses from Keady, County Armagh, to Dundalk, the place of trial; and, whether the Government will consider the matter, having regard to the saving of costs on poor people applying to the Land Commission?

THE PARLIAMENTARY UNDER SECRETARY (Colonel KING-HARMAN)(who replied) (Kent, Isle of Thanet)

said, the Land Commissioners reported that the case was one of an application by an aggrieved tenant to restrain eviction for the breach of statutory conditions on equitable terms, pursuant to the provisions of the Land Act of 1881. It was one of a class of cases which were properly heard before the Chief Commission; but by some mistake as to the practice in that respect it was included in these delegated to the Sub-Commission. The solicitor was informed that the case would be heard in the usual way. The Sub-Commission struck out the case, which was subsequently decided upon by the Chief Commission. He was not aware that the tenant was put to an unnecessary expense; but if he was; the Land Commissioners had no power to allow his costs, as they had no funds at their disposal.