§ MR. VILLIERS STUARTasked Mr. Attorney General for Ireland, Whether, under Clause 1, of the Arrears of Rent (Ireland) Bill, the Commissioners may accept joint affidavits from landlord and tenant, countersigned by the Land Court Valuer, or other competent authority 1934 (after examination of the office books), as sufficient evidence that the amount of antecedent arrears claimed is due, and that the tenant is unable to pay the same?
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)said, the 1st section of the Arrears Bill provided that it must be proved to the satisfaction of the Commission that the tenant was unable to discharge the antecedent arrears; and under the 7th section they had the power to make rules for applications under the Act, and the conduct of proceedings before any tribunal for hearing these applications. The Land Commissioners had practically, under the Land Act, all the jurisdiction of the Judges of the High Court; and it was part of their jurisdiction to take evidence, both orally and by affidavit, or either way as they thought fit. It might, therefore, be left to the Land Commissioners to decide in what way evidence might be taken in these cases.
§ MR. VILLIERS STUARTasked, was he to understand that there was nothing in the Act to prevent the taking of evidence in the manner specified in his Question?
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)said, there was nothing in the Act about the evidence of a valuer. The Commissioners had power to take evidence, either orally or by affidavit; but it must be proved to their satisfaction that the tenant was unable to pay.