§ COLONEL SAUNDERSONOn behalf of the hon. Member for Dublin University (Mr. E. CARSON), I beg to ask the Chief 304 Secretary to the Lord Lieutenant of Ireland (1) whether his attention has been drawn to the fact that the Land Commission in Ireland have purported to fix fair rents in a number of cases without specifying the details required by the schedule enacted in the Act of last year; and, if so, in how many cases this has occurred; (2) whether Her Majesty's Court of Appeal has decided that such details are necessary, and that the omission of them invalidates the orders; (3) what course the Land Commission intend to take with reference to cases in which such omission has occurred; and (4) whether there is any power of awarding costs against the Land Commission in appeals taken to rectify such omissions; if not, how the costs are borne?
§ MR. GERALD BALFOURThe cases referred to in the first paragraph were cases in which fair rents had been fixed prior to the passing of the Act of 1896, and in which, consequently, no schedules had been recorded. The Land Commission cannot state in how many cases this occurred without examining the files in every appeal disposed of since the passing of the Act of 1896, and such an examination would occupy a considerable time. The Court of Appeal on February 1, upon a case stated by the Land Commission, decided that the Commission were bound to record a schedule of particulars under the Act of 1896, in cases in which the rents had been fixed before the passing of the said Act, and which came before the Land Commission on rehearing or appeal subsequent to the passing of the Act. The Land Commission in every case subsequently heard by them have recorded a schedule of particulars. The Court of Appeal did not, in the case referred to, decide any question other than that already mentioned. The third paragraph of the question refers to matters which may come before the Land Commission in a judicial capacity, and they cannot express any opinion upon them until they have come before them for their determination. In the cases referred to the Land Commission were acting judicially, and there is no more power of awarding costs against them than there is of awarding costs against the Queen's Bench Division or any other Court whose decisions are reversed by the Court of Appeal.
MR. T. M. HEALYI would ask the right hon. Gentleman whether, when the Land Commission make an admitted blunder, which puts both landlords and tenants to enormous expense, the Treasury would provide the costs, seeing that the mistake arose through the erroneous conception of the Land Commission?
§ MR. GERALD BALFOURIn that respect the Land Commission stand in the same position as any other Law Court in the country.
MR. T. M. HEALYMay I ask the right hon. Gentleman, does any other Court in the hind initiate proceedings?
§ MR. SPEAKEROrder, order!