HC Deb 22 June 1900 vol 84 cc789-90
MR. MURNAGHAN (Tyrone, Mid)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that Andrew Allen, Cabragh, Irvinestown, entered into an agreement with his landlord on Kith June, 1897, to purchase his holding for £335, the provision being made that, instead of rent, interest on price was to be paid to the Land Commission pending completion of purchase, and that this arrangement ended on 1st May, 1899, as from this date he held subject to an annuity payable in half-yearly instalments of £6 14s.; whether he is aware that, because Allen owed one half-year's instalment of £6 14s., namely, from May to November, 1899, the holding was sold 14th March, 1900, not on the land or convenient thereto, but at a distance, in the town of Irvinestown, and that, notwithstanding the sale, the Land Commission accepted from Allen, on 25th April, 1900, payment of the half-year's annuity to November, 1899, and of the half-year's annuity to May, 1900, and in return sent him a receivable order, leading Allen to believe that the sale had been annulled; and will he state if, after accepting the half-year's annuity, delay in payment of which brought about the sale, the Land Commission is going to compel this man to submit to the sale for a nominal sum of his farm, worth several hundred pounds.


Mr. Allen entered into the agreement to purchase on the 16th June, 1897, and thereupon, pursuant to the provisions of the Land Act of 1896, he became liable for payment of interest on the purchase money pending the completion of the sale on the 24th April, 1899. It was necessary during the interval to recover the interest by legal process. The first instalment of the annuity became due on the 1st November, 1899, and, not being paid, proceedings were commenced for the recovery of the instalment and arrears of interest. Subsequently, after due advertisement and full notice to Mr. Allen, the holding was sold by public auction in March last at Irvinestown, which is distant only three miles from the holding. The arrears of interest and of the annuity were paid out of the purchase money, and not by Allen, as stated. A cheque for £7 19s. 8d. was received through the sheriff on account of the decree some days after the sale, and was returned to Allen, by whom it was cashed. It is now alleged that after the completion of the sale he lodged the instalment due on the 1st May last through a local bank. The payment so made, if it is shown to have been made by Allen, will be returned to him on application to the Land Commission. The proceedings for the sale to the new purchaser are now completed.


But is it not the fact that a receivable order was sent to him with respect of the half-yearly instalment due the 1st May next?


The receivable order on which Allen lodged the instalment due on 1st May, 1900, had been issued to him previous to the sale, and before the instalment due 1st November, 1899. The holding was sold to the new purchaser for £40.