HC Deb 28 July 1896 vol 43 cc912-5

(1.) The Lord Chancellor, the Land Judge of the Chancery Division of the High Court, and the Judicial Commissioner of the Land Commission, or any two of them (of whom the Lord Chancellor shall be one) may make rules for the following purposes, namely:—

  1. (a) To enable the Land Judge to act as an additional Judicial Commissioner of the Land Commission—
    1. (i) in any matter arising under the Land Purchase Acts as amended by this Act; or
    2. (ii) in any appeal or rehearing under the Land Law Acts as amended by this Act;
  2. (b) To enable the Judicial Commissioner of the Land Commission to exercise any jurisdiction, powers, and duties, so far as existing at the commencement of this Act,
    1. (i) of the High Court or any judge thereof, either as successors of the Landed Estates Court and the judges thereof, or under the Record of Title (Ireland) Act, 1865, or the Local Registration of Title (Ireland) Act, 1891; and
    2. (ii) of the Land Judge and of the Receiver Judge under any enactment conferring any jurisdiction upon either of such judges as such;
  3. (c) To enable the High Court to distribute the proceeds of any sale under the Land Purchase Acts, and to enable the Land Commission to carry into effect any sale under those Acts ordered by the High Court.

(2.) For carrying into effect any such rules, and exercising the jurisdiction, powers, and duties arising there under, the Land Judge shall be deemed to be an additional Judicial Commissioner of the Land Commission, and the Judicial Commissioner shall be deemed to be an additional Land Judge.

(3.) The Land Judge, as respects officers of the Supreme Court who are attached to such Judge, or otherwise employed in or about the execution of any such jurisdiction, powers, and duties as may under this section be exercised by the Judicial Commissioner, and the Judicial Commissioner, so far as respects the officers of the Land Commission, may direct those officers to perform such duties as he thinks fit under the Land Commission or under the Land Judge, as the case may be, and those officers shall perform those duties.

(4.) The Land Judge and the Judicial Land Commissioner may also make regulations for carrying into effect any rules made in pursuance of this Section, and for the mutual relations between the Land Judge and the officers of the Supreme Court on the one side, and the Land Commission and their officers on the other, and in particular for the payment into the High Court of money to be distributed among the parties entitled thereto, and for the Land Commission carrying into effect any sales under the Land Purchase Acts ordered by the High Court.

(5.) Sub-sections two and three of section fifty of the Land Law (Ireland) Act, 1881, shall apply to rules made under this section.

(6.) The first rules under this section shall be made as soon as practicable after the commencement of this Act.

(7.) Such rules shall provide that the Court of the Land Commission in Dublin shall be holden at the Pour Courts, Dublin, and not elsewhere.

MR. DILLON moved to omit paragraph (a), Sub-section (1), which he regarded as one of the most objectionable in the Bill. He called attention to the appointment of Mr. Justice Ross as Land Judge, and asked what security was there that this Judge would not adjudicate on one of the sales in the Land Judges' Court, and then have one of his own adjudications as to the proper price referred back to him acting as Land Judge. He cited an incident in the Land Judges' Court in Dublin on Friday last in connection with the sale of an estate in which Mr. Justice Ross described an order of Mr. Commissioner O'Brien as ridiculous. It was monstrous to bring Mr. Justice Ross into this Court, seeing that he was so well known as a strong partisan; and he looked upon this clause as cutting the Commission in two in the interest of the landlord party. The Government ought to look elsewhere for an impartial Commissioner, because the administration of the Land Laws was of very great consequence in Ireland.


thought the hon. Member would not be surprised when he said that the Government could not depart from the policy they had laid down on many previous occasions during the last few years. The hon. Member had expressed a fear lest the Land Judge should not be an impartial member of the Land Court. He would remind the hon. Gentleman that every attempt to strengthen the Land Court had taken the form of bringing in the Land Judge into the Commission, long before anybody ever conjectured that Mr. Justice Ross would be the Land Judge at some time or other. The Government certainly had no personal view in the matter, and they had no desire to bring into the Commission a Judge sympathising with either party in the agrarian dispute in Ireland. He hoped the hon. Member would not press the Amendment.

Amendment, by leave, withdrawn.


said He rose to make an appeal to the right hon. Gentleman—[cries of "No!" from the Nationalists]—and with a view to putting himself in order he would move the adjournment of the Debate. ["No, no!"and an HON. MEMBER: "Bosh."] Hon. Members were kept in the House Bill 2 o' clock on Tuesday morning, they had been in the House already 12½ hours, and they had to meet again at 12 o'clock. He wished to remind the right hon. Gentleman that when the House consented last week to suspend the 12 o'clock Rule, they were told that there was no intention on the part of the Government to have all-night sittings, but if this Bill was to be finished there must be an all-night sitting. ["No, no!"] He appealed to the right hon. Gentleman to let hon. Members go home now.


asked if any hon. Member seconded the Motion, and, there being no response, declared that the Motion fell to the ground.

MR. GERALD BALFOUR moved to leave out the words "shall be holden at the Four Courts, Dublin, and not elsewhere," and to insert— when hearing appeals, or rehearing-cases, or hearing such other matters as may be proscribed shall be held at the Fur Courts, Dublin.

Amendment agreed to.

Clause 16,—

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