HC Deb 23 May 1887 vol 315 cc867-8
MR. P. M'DONALD (Sligo, N.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he is aware that John Smith, of Currembla, County Sligo, tenant of Mr. Arthur Ormsby, Glen Lodge, County Sligo, applied to the Land Commission Court, on the 14th of November, 1885, to have a fair rent fixed for his farm, and, on the 31st of January, 1887, when the case was heard, a reduction was made from £70 9s., old rent, to £40, judicial rent; whether the said Mr. Ormsby, since the service of the originating notice for the fixing of a fair rent, has levied three separate distresses on this tenant; whether the last distraint was made on the 13th of May, with £3 costs, without any previous notice or demand for payment of rent; whether this last distraint for the old rent was for the gale falling due on the 1st of May last, thereby (as there is allowed in this case no running gale) distraining without notice, and with costs, for rent falling due only 12 days previously; whether the Parliamentary Secretary will take steps to prevent a repetition of such like distraints by withholding the services of the constabulary; and, whether the following (publicly posted) is a true copy of the "distraining notice":—

Copy of distraining notice.

"To John Smith, and to whom it may concern.

"Take notice, that I, John Gillespie, of Carramore, in the County of Mayo, have this day, as bailiff to, and upon the authority of, Arthur Ormsby, esquire, of Glen Lodge, in the County of Sligo, distrained on the lands of Currembla, North County of Sligo, which you hold as tenant to the said Arthur Ormsby, the several cattle, goods, and chattels found upon the said lands for the sum of £35 4s. 6d., being rent due for the said lands and premises to the 1st May, 1887, as particulars at foot hereof, and that unless you pay the said rent and arrears, with all legal costs and charges, within 14 days from the date hereof, the said cattle, goods, and chattels will be sold according to Law. Dated this 13th day of May, 1887. Half-year's rent to the 1st May, 1887, £3.3 4s. 6d. Signed for above, 29 sheep, 12 lambs, John Gillespie?


(who replied) said, the Land Commissioners stated that the application to fix a fair rent in this case was made in the end of December, 1885. and the case was heard in January, 1887. The old rent was £70 9s., and it was reduced to £45. An appeal was lodged by the landlord, which was still pending. The policy of the Government in affording protection to Sheriffs and their officers in the execution of processes of Courts of Law had been already fully explained. The Government had no knowledge as to the distraints.


said, the right hon. and gallant Gentleman had not answered the paragraph inquiring whether the levies were put in only 12 days after the rent fell due?


said, he had no information as to that.