§ MR. J. P. FARRELLI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland (1) whether the attention of the Land Commissioners has been directed to the action of Mr. Johnstone, agent for the Countess of Morley, whose tenants in the parish of Killinagh, County Cavan, had made application to have fair rents fixed; (2) whether he is aware that the tenants were compelled to withdraw their applications by pressure for arrears and costs due to the landlord; and that James M'Govern, of Corlispannon, who got a fair rent fixed at £5 5s. per annum, was compelled to forego his rights under the Land Law (Ireland) Act 1881, and accept a lease at £8 15s. instead, by reason of similar pressure; have any of these tenants been given the benefit of the evicted tenants' clauses of the Act of 1896; 920 and (3) whether under that Act the Commissioners will take steps to see that the power of the landlord to enforce payment of impossible arrears is curtailed?
§ MR. GERALD BALFOURFour tenants on the estate mentioned have served applications to have fair rents fixed. So far as I am aware these applications have not been withdrawn. As to the case of James M'Govern, his rent was fixed by the county court judge at £5 15s. (not £5 5s.) per annum, but on appeal to the Land Commission was fixed at £8 15s. on the written consent of both parties. It does not appear, therefore, that he was compelled to forego his rights under the Act of 1881 and to accept a lease.
§ MR. FARRELLasked if the right hon. Gentleman would answer the third paragraph of the Question?
§ MR. GERALD BALFOURsaid he had not any information on the point.
§ MR. E. CARSON (Dublin University)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been drawn to the fact that in several cases when the Irish Land Commission have purported to fix fair rents, copies of the schedule required by the Land Act of 1896 have not been supplied or obtainable by the parties until after the time limited for appealing; and whether there is any difficulty in arranging that the details required to be inserted in the schedule should be announced at the same time that the fair rent as fixed is declared?
§ MR. GERALD BALFOURThe Commissioners are not aware that in any cases, as suggested by the Question, copies of the schedules referred to have not been obtainable to enable parties to appeal. To announce in Court details of the schedule, would, in the opinion of the Commissioners, be both impracticable and useless.
§ MR. CARSONMay I ask the right hon. Gentleman whether the Land Commissioners report that the particulars in the schedule "are procurable" at the same time as the announcement of the fair rent?
§ MR. GERALD BALFOURI have not been informed of that fact. It may be so, but I am not sure.
§ MR. CARSONI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland (1) if he can now state in 921 how many cases the Irish Land Commission have purported to fix rents without specifying in a schedule the details required by the Land Act of 1896; (2) whether it is the intention of the Land Commission to take any steps to have these omissions rectified; and (3) whether pending such rectifications, any copies of the orders purporting to fix such fair rents will be issued?
§ MR. GERALD BALFOURThe number of cases referred to is 295. The second and third paragraphs refer to matters which may come before the Land Commission in a judicial capacity, and they are precluded from expressing an opinion upon them until they have been submitted to the Commission for determination.
§ MR. CARSONIs the result of the answer of the right hon. Gentleman that orders remain in the same condition as they have hitherto been?
§ MR. GERALD BALFOURThat I presume is one of the points to be determined.
§ MR. J. C. FLYNN (Cork, N.)Are we to understand, as is assumed in the Question, that the Land Commissioners purport to fix fair rents, or are they supposed to actually fix fair rents?
§ MR. GERALD BALFOURThe rents are actually fixed by the Land Commissioners?
§ MR. CARSONYes, but they purport to be fair rents.
§ DR. ROBERT AMBROSE (Mayo, W.)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland (1) whether it is a fact that originating notices for the second statutory term are rejected if the record number of the case, as stated in the order or agreement fixing the fair rent for the first statutory term is not entered on the notice; (2) and where a second tenant not having the record number in his possession applies to the Land Commission for leave, and owing to the Land Commission not having replied the tenant's case has been dismissed by the Sub-Commission Court on the ground of insufficient information to identify Ids case, what steps can such tenant take to enable him to get his judical rent revised?
§ MR. GERALD BALFOURThe fact is correctly stated in the first paragraph, and the reasons for the rejection were 922 set forth in my reply to the similar Question put to me on the 25th January by the hon. Member for South Down. The second paragraph contemplates a case, which, I am informed, cannot arise, as the Land Commission do not remit such defective applications to Sub-Commissioners for adjudication. Every possible assistance is afforded from the office of the Land Commission to the parties, or their solicitors, to enable them to fill up these applications correctly before they are served.
§ MR. JOHN DILLON (Mayo, E.)Will the right hon. Gentleman say whether the unfortunate tenant who cannot discover his record number has any remedy?
§ MR. GERALD BALFOURI presume that there ought to be no difficulty. I am not aware that any case has arisen in which it is impossible to ascertain the record number.
§ DR. AMBROSEWhat remedy is there when a tenant has already written to the Land Commission and has received no reply?
§ MR. GERALD BALFOURI should think the best remedy is to write again.
§ MR. JAMES DALY (Monaghan, S.)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland (1) whether he is aware if the Sub-Commissioners who sat at Ballybay over five weeks since have given their decisions in cases heard; and (2) whether he can state when the remaining cases from the estate of R. C. Leslie, entered last October, will be tried, and if they will be tried in Ballybay, and if not, can he state the reason?
§ MR. GERALD BALFOURThe Sub-Commission Court hopes toannounce its decisions in a number of the cases referred to in the first paragraph in the course of next week. The same Court will commence the hearing of a list of 68 cases from Carrickmacross Union on the 18th instant, and this list will be followed by one from Castleblayney Union. The latter list will include the cases to which reference is made in the second paragraph, but the date of hearing cannot he fixed at present.
§ MR. GERALD BALFOURI have no information on that point. If the hon. Member desires information on the 923 subject I will make inquiry. Perhaps he would put down a question.
§ MR. CARSONasked if the decisions were announced in court?
§ MR. GERALD BALFOURPerhaps my right hon. Friend will put the question down.