HC Deb 24 June 1903 vol 124 cc392-3

I beg to ask Mr. Attorney-General for Ireland whether, seeing that until last year it was always assumed that the Irish Land Commission and the Land Judges Court had jurisdiction to compel parties resident in England or Scotland to obey orders made in Ireland, and that it has now been decided in England and the decision followed by the Irish Courts that such jurisdiction does not exist, with the result that where the title deeds of a property for sale in Ireland are in custody of an English mortgagee or solicitor or deposited with a bank in England, the party having custody of the documents can obstruct the proceeding for sale, and the Irish Courts are powerless to compel the lodgment of the deeds, and that if any person instituted proceedings in Ireland to sell an estate any person in Ireland having custody of the deeds can now block the sale by sending them to England, a Clause will be inserted in the Purchase Bill giving both the Land Judge and the Land Commission power to have their orders exemplified and sent over to the English Courts to be enforced by an English or Scotch Judge when necessary.


I have read and considered the authority referred to in the Question. It does not, in my opinion, establish that the machinery set up by the 41 Geo., c. 90., s. 6 and 21 and 22 Vic, c. 72, s. 36, is ineffectual if properly availed of. It was the omission to observe the requirements of the first-named statute which caused the difficulty in the case mentioned. The matter, however, is still under consideration.