HC Deb 02 May 1881 vol 260 cc1550-1
THE O'DONOGHUE

asked the Chief Secretary to the Lord Lieutenant of Ireland, If proceedings for recovery of rent by writ, followed by the sale of the tenant's interest, deprives such tenant of the right of applying to the proposed Land Court to fix the judicial rent, which right it is the object of the Land Law Bill now before the House to confer upon him; and, if so, whether it is not the duty of the Government to interfere to put a stop to any attempt to defeat the intentions of the Legislature?

MR. W. E. FORSTER

, in reply, said, that Question was a legal one, and could be better answered by the Attorney General for Ireland; but all debts recovered by judgment by creditors, whether the creditors were landlords or other persons, could be realized by execution and sale of the debtor's chattels, including a tenant's interest in the land; and that applied to rent as well as to any other debt. The tenancy would not be extinguished, but simply transferred in the case supposed. The tenant would be able to apply to the Court to fix the judicial rent.

MR. PARNELL

asked whether, in the case of such a sale, the person to whom the interest was sold would have to serve a notice to quit on the old tenant, or what other proceeding would be necessary for the purchaser to obtain possession?

THE ATTORNEY GENERAL FOR IRELAND (Mr. LAW)

was understood to say that if the interest was sold, it would be assigned by deed in the ordinary way by the sheriff to the purchaser, who, if refused possession, could at once recover it by action of ejectment.