HC Deb 11 June 1883 vol 280 cc198-9
MR. TOTTENHAM

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether the recent decision of the Common Pleas Division of the High Court of Justice in Ireland, in the case of Chaine v. Nelson, had the effect of altering the view taken of the sixtieth section of the Land Act by the Land Commissioners, and showing that their action under this section had been ultra vires; whether a special Circular was issued by them on 21st May, intimating that, in consequence of the decision of the Court of Common Pleas, the date of the judicial rent commencing to accrue is the gale day next after the actual decision fixing such rent, and not earlier; if it is the case that, notwithstanding such Circular, the Sub-Commissioners, or some of them, continue to use the form of order as previously; and, what steps it is proposed to take to modify the orders already made, but now decided to have been illegal?

MR. TREVELYAN

I understand, Sir, that the personal opinion of the Land Commissioners remains unchanged; but they, of course, accept the decision of the Common Pleas Division so long as it remains unaltered on appeal. With regard to the Circular of the 21st of May, the circumstances are that numerous inquiries having been made as to the effect of the decision, the Commissioners thought it right to prepare a Minute showing that effect. The Order to which the hon. Member refers directs and determines no question relating to the judicial rent. It merely uses the words of the 60th section of the Act of 1881.

MR. TOTTENHAM

The right hon. Gentleman has not answered the last part of my Question, which refers to Orders already made.

MR. TREVELYAN

I presume the Commissioners are awaiting the result of the appeal, which, I am told, will be determined very shortly.