HC Deb 08 May 1890 vol 344 c466
MR. T. M. HEALY

I beg to ask the Attorney General for Ireland if the attention of the Government has been called to the state of the law affecting leaseholders' improvements as laid down by the Land Commission in "O'Neill v. Cooper," and the exclusion of tenants from the Land Act where the lettings were by owners under limited powers, as decided by the Appeal Court in "Massey v. Norse"; and whether they will consider the advisability of amending the law?

THE ATTORNEY GENERAL FOR IRELAND (Mr. MADDEN,) University of Dublin

The former of the two cases referred to in the question of the hon. and learned Gentleman applied to the particular circumstances of the case a general principle laid down in previous decisions—namely, that the right of exemption from rent in respect of improvements under the Acts of 1881 and 1887 is co-extensive with the right to compensation in respect of improvements under the Act of 1870. In the latter ease, "Massey v. Norse," it was held that a lease made by two tenants for life under a settlement, without leasing power, for the term of their lives, expired with their estates, and was not by any provision in the Act of 1881 made to affect the estate of the remainderman under the settlement. It is apparent that these questions could not be dealt with without re-considering principles laid down and adopted in the Acts of 1881 and 1887; and, apart altogether from the merits of his suggestions, the hon. and learned Gentleman will, I trust, recognise that the Government cannot add to their existing engagements by undertaking any legislation in relation to these Acts.