HC Deb 28 July 1896 vol 43 cc911-2

"Rules under Section 50 of the Land Law (Ireland) Act may provide that, subject to the qualifications (if any) contained in those rules, every notice of appeal shall state the grounds of appeal, and on the hearing of the appeal no grounds of appeal shall he entered into except those so stated. For the purpose of this section 'appeal' includes 'rehearing.'"

MR. SMITH-BARRY moved to omit Clause 14, which he believed would increase expense and lead to great hardships in rehearings.

THE ATTORNEY GENERAL FOR IRELAND

said nothing was more unsatisfactory than rehearings. He thought the clause as it stood was too rigid, and he should be quite willing to insert after the word "shall" the words "save by leave of the Court," so that the Court might decide whether other points might be raised.

MR. T. M. HEALY

protested against the proposal of the right hon. and learned Member, and cited the analogous case of a voter.

Amendment negatived.

*THE ATTORNEY GENERAL FOR IRELAND moved to insert, after the word "Act," "1881."

Amendment agreed to.

MR. MAURICE HEALY moved to insert, after the word "appeal," the words "under the Land Law Acts."

Amendment agreed to.

*THE ATTORNEY GENERAL FOR IRELAND moved to insert, after the word "shall," the words "save by leave of the Court."

MR. T. M. HEALY

suggested the addition to the Amendment of the words "to be given only on special grounds," which he thought would make a way out of the bungle. If those words were not accepted, let the clause be struck out altogether. What good was it to the tenants? The courts had shown themselves for the last 15 years to be landlords' courts——

* MR. SPEAKER

Order, order! The hon. Member is not in Order in speaking in that way of Her Majesty's Courts.

MR. HARRINGTON

said the hon. Member for North Louth was proceeding on the assumption that no one appealed but the landlords. It was a common thing for the tenant to appeal as well as the landlord, and he thought it was well, for the protection of the tenant that such an application should be made to the Court.

MR. MAURICE HEALY

said the object of the clause was just and equitable, but the Amendment would render it nugatory. The Court had for years tried to do by rule what they were now attempting to do by statute.

Amendment agreed to.

MR. T. M. HEALY moved to insert, after the Attorney General's Amendment, the words "but shall be granted only on special grounds."

MR. SYDNEY GEDGE) (Walsall

thought the Amendment should not be accepted.

MR. GERALD BALFOUR

could not see that the words were unreasonable, and therefore accepted them. [Nationalist cheers.]

Amendment agreed to.

Clause 15,—

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