HC Deb 28 February 1896 vol 37 c1383

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, whether he is aware that at the last Land Sessions held before County Court Judge Roche, Q.C., at Downpatrick, where a tenant applied to have the judicial rent fixed for the second judicial term, it was contended by counsel for the landlord that, as the Land Law (Ireland) Act of 1887 made the fair rent run from the gale day next after the making of the application, and not as in the Act of 1881, only from the gale day next after the decision, it was incompatible with the present law to make application to fix fair rent in respect of second term before the last gale day of the fifteenth year; that otherwise the new rent would commence to run before the last year of the first judicial term had expired; and whether the Land Commission have given any instructions to the tenants on this point?


It is not known what views counsel for the landlord may have submitted to the Court in the case referred to, but it is understood that, notwithstanding anything in the Act of 1887, Section 8 (7) of the Act still remains in force, and some applications to fix a fair rent in respect of the second term have already been disposed of by the Courts, although the last gale day of the first of the statutory terms fixed under the Act of 1881, have not yet passed. The Land Commission have received no Report on the subject from Judge Roche, and have given no instructions on the point to tenants.


asked the right hon. Gentleman if that was the opinion of the Chief Commissioner?


said, he would make direct application to the Commissioner if the hon. Gentleman desired it, but he did not think there was any doubt about the state of the law.