HC Deb 06 April 1897 vol 48 cc609-12
CAPTAIN DONELAN () Cork, E.

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been directed to a resolution adopted by the Midleton (County Cork) Board of Guardians on the 27th ultimo, protesting against the action taken by certain receivers over properties in the Counties of Cork and Waterford (whose names are mentioned in the resolution), in endeavouring to frustrate the Land Act by suing for old arrears, by taking up mortgages (these receivers being agents in London lending companies), and thus obtaning possession of these properties, and by purchasing arrears and then collecting them by threatening eviction; and whether he will take steps to bring these practices to the notice of the Judges of the Land Court?

THE ATTORNEY GENERAL FOR IRELAND

The hon. Member has sent me a copy of the resolution in question, and I have referred it to the Land Judge. I may observe, however, that a receiver cannot sue for any rents or arrears except by leave of the Land Judge, whose officer he is, and to whom he is responsible for the due discharge of his duties, and also that the Land Judge has no power to dispose of arrears to any person other than the purchaser of the land. This resolution contains several serious charges of misconduct against certain receivers. If any of these be well-founded, any of the parties interested can, on application to the Land Judge, get full redress, but the Executive have no power in the matter.

MR. McCARTAN

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he will state for what reason the decisions of the Sub-Commissioners in fair-rent cases are not supplied to the solicitors appearing on the record for the parties; and whether, considering that the time for giving notice of appeal is limited, and for other reasons, he will consider the desirability of having some arrangements made, whether by insertion in the papers or by printed forms, whereby the solicitors for the parties shall be furnished with this information as soon as possible after the decisions have been given?

THE ATTORNEY GENERAL FOR IRELAND

The decisions of the Sub-Commissioners, when announced, are communicated at once to the tenants, who are notified of the amount at which their rents are fixed. The Commissioners consider that it is better that the tenant should be so informed direct instead of through his solicitor. Some years ago, when the solicitor, and not the tenant, was notified, there wag considerable complaint on behalf of the tenants of the delay in communicating the notification to them. The decisions in fail-rent cases, as a rule, appear in the local newspapers, but the Land Commission cannot undertake to communicate their decisions to the Press. It is understood that the Deputy Registrars frequently, at the request of the solicitors engaged who are unable to attend at the announcement of the decisions, notify the result to them, but the Commissioners do not propose to issue any direction on the subject.

MR. McCARTAN

May I ask the right hon. Gentleman whether he is aware that no notification whatever is given of the time the decisions are to be given?

THE ATTORNEY GENERAL FOR IRELAND

I believe no notification is given of the time the decision will be given, but the moment it is given it is communicated to the parties.

MR. J. HAMMOND () Carlow

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if he can now state when it is expected the Land Commissioners will visit Carlow for the purpose of disposing of cases listed for hearing in the Land Court?

THE ATTORNEY GENERAL FOR IRELAND

A list of cases for hearing at Carlow will shortly be issued by the Commissioners, but they have not yet been able to fix the exact date on which the hearing will be commenced.

MR. JOHN DILLON () Mayo, E.

I beg to ask the Attorney General for Ireland whether his attention has been directed to the fact that notices under the 25th Section of the Land Law (Ireland) Act, 1896, fixing the reductions to be allowed on the annuities payable to the Land Commissioners, have been issued to a number of purchasers; and how this can be legally done, in view of the fact that the rules under which these reductions were to be estimated have not been settled by the Treasury?

THE ATTORNEY GENERAL FOR IRELAND

The notices referred to in the Question have reference only to annuities in respect of which ten years or more had, on the 1st of November, 1896, elapsed since the annuity began. In such cases the amount of the advance which has been repaid by means of the accumulation of that portion of the purchased annuity which represents repayment of capital is properly ascertained under the tables prescribed by the Treasury, which were in force prior to the passing of the Act of 1896.