HC Deb 11 April 1889 vol 335 cc231-3
MR. BYRNE (Wicklow, W.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been drawn to the case of Richard Cullen, a leasehold tenant on the estate of Charles Frizelle, Castlekevin, county of Wicklow, who applied to the Land Commission to fix a fair rent immediately after the passing of "The Land Law (Ireland) Act, 1887," but has never been able to get his case heard; whether he is aware that in September last he was served with an eviction notice; that his rent was £19 14s. 4d. a-year, while the Government valuation of his farm was only £12 10s.; that in 1885 the then agent of the estate accepted, in respect of the last gale of that year, a rent equal to the valuation; and that a newly-appointed agent, named M'Dougall, was offered last October by Cullen one and a-half year's rent, computed at the valuation, but refused the offer; and, if these allegations are well founded, whether the Government are prepared to lend the forces of the Crown for the eviction of Cullen, or whether they intend to propose any legislation to prevent evictions from similar causes in the future?

MR. CHANCE (Kilkenny, S.)

Arising out of this, may I ask the Solicitor General for Ireland whether it is not the fact that the procedure for obtaining an instalment order is exceedingly expensive?

THE SOLICITOR GENERAL FOR IRELAND (MR. MADDEN,) Dublin University

The Land Commissioners inform me that it is the case that Cullen served an originating notice, as stated in the first paragraph. I have not received a reply in regard to the details in the second paragraph. The tenant had full power to apply, under the Act of 1881, to the Court to stay the proceedings in ejectment, and also under the Act of 1887, to likewise stay the proceedings, pending the hearing of his application to have a fair rent fixed, and to have the arrears of rent declared payable by instalments spread over a given period, should the Court consider the circumstances of the case required it.

MR. MADDEN

I think it better notice should he given of this question.

MR. CHANCE

Then I must put the question to the Chief Secretary as it arises out of his answer.

MR. A. J. BALFOUR

I should point out that quite apart from the Act of 1887 it can be done under the Act of 1881 without expense.

MR. CHANCE

But have not the superior Courts practically refused to exercise any jurisdiction under the Act of 1881?

MR. McCARTAN (Down, S.)

On what part of the Act of 1881 does the right hon. Gentleman rely?

MR. A. J. BALFOUR

I have not the Act with me, but if the question is put on the Paper I will answer it.