HC Deb 26 November 1888 vol 331 cc150-1
MR. TUITE (Westmeath, N.)

asked Mr. Solicitor General for Ireland, Whether he will afford any information to the House, by a Return or otherwise, as to the number of cases tried at the late sittings of the County Courts in Ireland, in which the presiding Judges availed themselves of the power vested in them by Section 30 of the Land Act of 1887, to extend the period of payment of arrears of rent and costs over one year from the date of decree, in conformity with the following decision of the Superior Courts, delivered previous to the sitting by Mr. Justice Morris, and concurred in by Mr. Justice O'Brien and Mr. Justice Gibson, in a case stated from the Assizes of the County of Londonderry by Mr. Justice Andrews:— The Court has the power to extend time of payment beyond one year from date of decree and to stay execution in meantime, and that if default is made in complying with the order for payment the decree may he executed in the prescribed form. He thought such was the translation of section 30 of the Land Act of 1887. It was admitted that the Superior Courts had power to extend payments over 20 years if necessary and reasonable. He thought it most unreasonable if this were not to apply to Civil Bill Courts, because in 99 cases out of 100 ejectments are brought in Civil Bill Courts" (Law Times Report, 3rd November, 1888).


I find that there will be no difficulty in giving a Return of the nature in question if the hon. Member desires to move for it. I would suggest, however, that it should date from the commencement of the Act.