HC Deb 07 May 1889 vol 335 cc1351-2
MR. LEA (Londonderry, S.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, whether his attention has been called to the result of the test case (referred to in his reply of 7th December) in which the Salters' Company endeavoured to enforce payment of promissory notes for arrears incurred before the sale of the estate under the Ashbourne Act; whether such case has been decided against the Salters' Company on the ground of illegality in the form of the notes, and if another similar action is commenced against James Badger also for arrears due before November 1885, and supposed to be released by the deed of conveyance to each of the tenants; and, if such action on the part of the Salters' Company is contrary to the intentions of the Ashbourne Act, whether the Government have any power to prevent the Salters' Company from continuing such proceedings?


It appears that the test case of Thomas M'Kee, which is referred to in the first paragraph, was decided against the Salters' Company on the side issue that the promissory note had not been presented for payment at the time and place mentioned therein, thereby leaving untouched the general question whether the amounts of the promissory notes can be recovered consistently with the provisions of the Ashbourne Act. This general question will probably, however, be decided by the Queen's Bench Division of the High Court of Justice in connection with the test case of James Badger, which appears to have been listed for yesterday.