§ MR. T. W. RUSSELL (Tyrone, S.)asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the following provision in the conveyance of the holdings on the Salters' Estate contained in the case of tenants in arrear:— 1591
And the said vendors do hereby release to the purchaser all arrears of rent due by the purchaser to the vendors out of said holding up to the date of these presents, but without prejudice to the rights of the said vendors in respect of any promissory note or other security which they may have received for such arrears;whether the Land Commission, when it sanctioned the sale of the Salters' Estate, was aware of this clause, professing to release but really securing arrears; whether the clause is in accordance with the terms of the Land Purchase Act; and, if the Government will communicate with the Land Commission with a view to prevent all such action in future?
THE SOLICITOR GENERAL FOR IRELAND (Mr. MADDEN)(who replied) (Dublin Universitysaid: The Land Commissioners report that it is the case that the release was qualified by a proviso of the nature indicated in respect of certain promissory notes passed by some of the tenants for portions of the rent due, on the sale of the Salters' Estate, of which the Commissioners appear to have been aware. The legal point referred to will probably come before the Queen's Bench Division of the High Court of Justice at the hearing of the four test cases from the estate which, it was mentioned the other day in reply to a Question put by the hon. Member, are now entered in that Court. It would, therefore, be improper for me to express any opinion on the subject. As regards the last paragraph, the present Rules of the Commissioners render it impossible that such an arrangement could now be made.
§ MR. T. M. HEALY (Longford, N.)asked whether the present Land Purchase Bill would have any effect on such a transaction?
§ MR. MADDENsaid, that, under the existing Rules, no such arrangement could be made.