§ MR. M'CARTAN (Down, S.)asked Mr. Solicitor General for Ireland, Whether he is aware of the practice now adopted by some landlords in Ireland of appealing against the fair rents fixed by the Sub-Commissioners, and of then serving on these tenants notices of eviction whereby the tenants are made caretakers; and, whether this action on the part of the landlords entitles the landlord to obtain a dismiss from the Land Commission on appeal, owing to the fact that the tenant is then a caretaker under "The Land Law (Ireland) Act, 1887"?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. MADDEN) (Dublin University)I am not aware of the existence of any such practice as that referred to by the hon. and learned Member in the first paragraph of his Question. It is the fact that a tenant 11 served with an eviction notice ceases to be a tenant (subject to his right to redeem his holding within six months), and is, therefore, not in a position to continue proceedings for the purpose of having a judicial rent fixed, unless he avails himself of his right to redeem. The service of this eviction notice is the termination of the proceedings in ejectment, and at any time during the pendency of such proceedings the tenant could have obtained a stay for the purpose of proceeding with his application to have a judicial rent fixed; and, further, under the 30th section of the Act of last year, a tenant to whom that section applied could have obtained a stay of proceedings and an order for payment of arrears of rent by instalments.
§ In reply to further Questions,
§ MR. MADDENsaid, that if his attention were formally called to specific cases he would inquire into them.