HC Deb 28 July 1896 vol 43 cc843-4

"Where the estate of the immediate land lord for the time being is determined during the continuance of any tenancy from year to year, and two or more persons are entitled in severalty as superior landlords, each of such persons shall he deemed to he the immediate landlord to the tenant of the tenancy within the meaning of Section fifteen of the Land Law (Ireland) Act, 1881, in respect of the portion of the land to which he is entitled, and to have the rights and to be subject to the obligations of an immediate landlord as provided by said section; and the Land Commission shall, on application being made to them by any person interested, apportion the rent previously paid by the tenant between the different persons thenceforward entitled to the landlord's interest according to the value of the laud held from each; and the tenancy shall thereupon he divided into two or more tenancies according to the portions of land to which each of such landlords is entitled: Provided that each of such tenancies shall continue to be subject to the same conditions in all respects (save as regards the amount of rent to be paid) as the previously existing tenancy was subject to under the immediate landlord prior to the determination of his estate."


thought the Amendment might be accepted if the word "may" were substituted for "shall" in the passage "and the Land Commission shall," etc.; and if, after the words "persons interested" "other than the tenant" were inserted.


thought it very inconvenient that when a new clause was proposed they should not be told what the effect was. As far as he could see, this section was a great innovation on the law as it at present stands. If "any person interested" meant a person other than the tenant, who could that be but the landlord? The clause was quite unnecessary, because two different landlords owning different portions of the same property had already the right to apply for a separation of their interests.


said that the clause was for the convenience of the landlords.

Clause read a Second time.

MR. CLANCY moved to omit the word "shall" and insert the word "may" in the phrase "the Land Commission shall."

Amendment agreed to.

MR. CLANCY moved to insert, after the words "person interested," the words "other than the tenant."

Amendment agreed to; clause, as amended, added to the Rill.

GENERAL HUGH McCALMONT (Antrim, N.) moved the following new clause:—