§ MR. JUSTIN M'CARTHY
asked the First Lord of the Treasury, Whether his attention has been called to the following statement made by Mr. Justice O'Hagan on the subject of the Land Law Act and its interpretation by the Court of Appeal—I declare it would baffle any human intellect to know what is now to be deemed an unreasonable or unfair covenant, having regard to the Act of 1870. It has been held by the Court of Appeal that a covenant absolutely debarring a tenant, on any pretence, from making improvements is not unfair;and, whether he is prepared to introduce a measure for the purpose of amending the Act?
The Question of the hon. Member purports to be an extract from a Judgment or judicial Opinion delivered by Mr. Justice O'Hagan, and substantially the Opinion conveyed in the former part of that extract, down to the full stop, is accurate. It is not the basis of an Opinion; it is what is called at obiter dictum, but it does not convey a judicial Opinion. With regard to the latter part of the extract, that is not quite so. It is incomplete, and does not convey his Opinion. With regard to the last part of the Question, as the Bill stands immediately for second reading in relation to the Amendment of the Land Act on Wednesday next, I had 216 better postpose until that day any reference to the subject.