§ (1.) In this Act, unless the context otherwise requires—
§ The expression "dwelling-house" includes any out-house, curtilage, and garden appurtenant thereto:
§ The expressions "landlord" and "tenant" include respectively the predecessors in title of a landlord or tenant:
§ The expression "limited owner" means a limited owner within the meaning of Section twenty-six of the Landlord and Tenant (Ireland) Act, 1870, and includes any person having the powers of a tenant for life under the Settled Land Acts, 1882 to 1890:
§ The expression "lease" includes an agreement for a lease:
§ The expression "Land Law Acts" means the Land Law (Ireland) Act, 1881, except Part V. thereof, the Laud Law (Ireland) Act, 1887, except Part II., and the Redemption of Rent (Ireland) Act, 1891, and does not include the Landlord and Tenant (Ireland) Act, 1870, except so far as the provisions of it are necessary for giving effect to the above-mentioned portion of the Land Law (Ireland) Act, 1881:
§ The expression "Land Purchase Acts" means the Purchase of Land (Ireland) Act, 1891, the Land Purchase Acts as therein defined, and the Redemption of Rent (Ireland) Act, 1891:
933§ The expression "judicial rent" means a fair rent, whether fixed by the Court or by agreement or by arbitration or by demand of the landlord accepted by the tenant, and any reference to an application to fix a fair rent shall include a reference to an agreement to fix a fair rent or to refer to arbitration the fixing of a fair rent, or to the demand of an increased rent by the landlord:
§ The expression "prescribed" means prescribed by rules made by the Land Commission, save that where the expression refers to financial matters it shall mean prescribed by rules made by the Treasury, and where the expression relates to matters connected with the Land Judge, it shall mean prescribed by rules made under Part Two of this Act:
§ The expression "Receiver Judge" means the Judge assigned under Section nineteen of the Purchase of Land (Ireland) Act, 1885, for the execution of the duties in that section mentioned.
§ (2.) In the definition of "holding" contained in the Land Law (Ireland) Act, 1881, "parcel of land "shall be deemed to include an undivided share of land, whether held alone, or held under the same contract of tenancy with land held in severalty.
§ (3.) Any jurisdiction vested by this Act in the High Court in relation to the purchase money under the Land Purchase Acts, or otherwise in relation to these Acts, shall, subject to rules of Court, be exercised by the Land Judge.
§
MR. GERALD BALFOUR moved to insert in the fifth paragraph of Subsection (1), after the words "except Part II., and," to insert—
The Land Law (Ireland) Act, 1888, and the Timber (Ireland) Act, 1888, and the Land Law (Ireland) Act, 1888, Amendment Act, 1889, and.
§ Amendment agreed to.
§
MR. T. M. HEALY moved, in Subsection (1), after the words—
The expression 'Land Purchase Acts' means the Purchase of Land (Ireland) Act, 1891, the Land Purchase Acts as therein defined, and the Redemption of Rent (Ireland) Act, 1891,
to insert—
The expression 'permanent building,' shall include embankments, structures, excavations, deepenings of rivers or watercourses, or other works effected for agricultural purposes and having a permanent character.
§ Amendment, by leave, withdrawn.
934
§
MR. GERALD BALFOUR moved to insert instead thereof—
The expression 'permanent building' shall include river and sea embankments, having a permanent character.
MR. T. M. HEALYasked the Government to include the deepening of rivers and watercourses. Take the case of Lough Erne. Was he to be told that nothing was to be allowed to the tenants for the work they had done in connection with the drainage there? If a lough like the Erne, or a river like the Bann, were drained, the money borrowed in effecting improvements of that kind ought not to be lost to the tenant. When the landlord paid for any of the work he received consideration for it. There was hardly a drainage Act in which there was not a provision that a certain amount should be added on to the rent in consequence of the landlord's expenditure. In the same way where the tenant had to bear his portion of the charges he should have similar treat-accorded him.
§ COLONEL SAUNDERSONremarked that if the proposal of the hon. and learned Member were carried out in Ireland a permanent building could be erected by digging a hole in the bottom of a river.
§ Amendment agreed to.
§ Clause 42,—