HC Deb 05 August 1874 vol 221 cc1330-1

asked the Secretary to the Treasury, Whether the Board of Public Works in Ireland have made any rule whereby they refuse to advance money to tenants under the 44th or 47th sections of the Land Act (Ireland) 1870, unless the title be one by sale in the Landed Estates Court, Ireland; whether any case has come before the Board of Public Works, where the landlord's interest has been sold by order of the English Court of Chancery, and whether the Board have refused to accept a title given to a purchaser by such sale, though such title had been investigated and found satisfactory by the English Court of Chancery; whether it is the opinion of the Law Officers of the Crown that the rule of the Board above referred to, is in accordance with the provisions of the Land Act, 1870; and, whether there is no provision whereby a landlord and tenant agreeing on a sale without the intervention of the Landed Estates Court, the tenant can borrow a portion of the purchase money from the Board of Works?


Sir, the Board have not made any rule of the kind described by the hon. Member. Where, however, the application for an advance is made under an agreement proposed to be carried out under Section 1, Sub-section 3, of the Amending Act of 1872, the Board have required that the landlord shall have a Parliamentary title, and that the estate is unencumbered. When encumbered, they have recommended that the sale should be carried out under Section 32 of the principal Act. One case only of the nature in question has come before the Board. In that case information was verbally requested on behalf of Mrs. Maria Stuart, as to whether, having bought a townland from the Court of Chancery in England, the Board would advance to her two-thirds of the purchase money of that part of the town-land which constituted her own farm. In reply to that inquiry, the Board's Solicitor stated that, under the circumstances, the loan could not be made; but, on a further written application from Dr. Traill, acting for Mrs. Stuart, he was informed, on the advice of the Solicitor, that her case would be re-considered upon his applying by Memorial—forms of which had been sent to Mrs. Stuart—with abstract of title, and reminding him that the case must fall within the 32nd and 33rd sections of the Land Act, 1870, as amended by the 1st section, Sub-section 3, of the Act of 1872, to enable the Board to lend. To that communication, which was dated the 17th of April last, no reply has been received.