HC Deb 29 November 1888 vol 331 cc509-10
MR. M'CARTAN (Down, S.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he is aware that, on the hearing of a process of ejectment for non-payment of rent, at the suit of the Drapers' Company, against John Bradley, at Magherafelt, before Mr. Neligan, Q.C., in January last, it was held by the Judge that he had no power to extend the payment of instalments beyond one year, and that this decision was afterwards reversed on appeal, whereupon Mr. Neligan, Q.C., extended the instalments over four years, making the first instalment payable in November, 1888; whether over 100 processes of ejectment entered by the same landlords at the same Sessions were adjourned pending the result of the appeal in Bradley's case; whether decrees were, notwithstanding, obtained against these tenants, and notices of eviction served on 73 of them in May last; whether decrees for possession were granted against 41 of them at Draperstown Petty Sessions on the 20th instant; whether, at the last Sessions held before Mr. Noligan, at Magherafelt, the Judge declined to follow the ruling of the Supreme Court, when applied to on behalf of about 100 tenants on the same estate, and ejectment decrees without extension of time for payment of arrears were accordingly granted against them; whether he is aware the Drapers' Company have refused to settle with these tenants unless they sign agreements to hold subject to or purchase on the basis of the old rents, notwithstanding that in cases where fair rents were fixed on the estate there was an average reduction of 20 per cent; and, whether he will consider the propriety of introducing a Bill to make it compulsory that such extension of time for payment of arrears of rent shall be granted as the tenant shall reasonably require to enable him to pay the same?

THE CHIEF SECRETARY (Mr. A. J. BALFOUR) (Manchester, E.)

replied to the first paragraph in the affirmative, and to the second in the negative. In 33 cases further time was given to pay by instalments within a period of 12 months. Decrees were taken in the usual course by the plaintiff's solicitor. The Recorder did not refuse to follow the decision of the Supreme Court. On the contrary, he followed it the last Session. He (Mr. A. J. Balfour) had no information as to the matter of the sixth paragraph. The existing law provided for all cases coming under the last paragraph.

MR. FLYNN (Cork, N.)

asked, whether the right hon. Gentleman was aware that County Court Judge Waters had declared that the clause dealing with arrears in the Act of last year was a perfect farce, and useless to the tenants of Ireland?

[No reply.]