HC Deb 28 February 1901 vol 90 cc68-9
MR. FFRENCH (Wexford, S.)

I beg to ask Mr. Attorney General for Ireland, having regard to the fact that the Land Judge as seller of an estate under the 40th section of the Land Act of 1896 frequently asks a higher price than that fixed by the Land Commission, and that the possession of such power by the Land Judge prevents sales to the tenants and deprives them of the benefits of the 40th section, whether the Government intend to amend the law so that the Land Judge cannot ask a higher price than that fixed by Land Commission.

THE ATTORNEY GENERAL FOR IRELAND (Mr. ATKINSON,) Londonderry, N.

The answer to this question is in the negative.

MR. FFRENCH

Would it not greatly facilitate the sale of estates if the Land Judge had power to increase the loan or no power to increase the price?

MR. T. W. RUSSELL

Is it not the practice of the Laud Judges in these cases to demand payment of arrears?

MR. ATKINSON

I must ask for notice.

MR. FFRENCH

I beg to ask Mr. Attorney General for Ireland whether the Land Judge must give the first chance of purchasing their holdings to the tenants when there is an absolute order for the sale of an estate under the 40th section of the Land Act of 1896; and whether, seeing that owing to insufficient notice the tenants are often not in court when the 40th section is applied, steps will be taken to have notice served directly on the parties interested.

MR. ATKINSON

The tenants must, and as a matter of fact always do, get an opportunity of exercising the right of preemption. The rules and orders provide that the tenants must get notice of the day fixed for the consideration by the Land Judge of the report of the Land Commission. No alteration in the procedure is necessary. If the tenants do not attend the fault is their own.

MR. FFRENCH

Is any notice given except in the law lists in the daily paper, and can anyone who is not a lawyer understand them?

MR. ATKINSON

I think anyone who can read can understand the law lists. I understand, however, that the tenants have a special notice.