§ MR. MURPHY (Kerry, E.)I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that on the estate of Mr. G. A. G. Hickson, of Gortullea, county Kerry, who is a middleman under Trinity College, the tenants have been proceeded against for rent at quarter sessions because they refused to agree to the terms of purchase stated by the agent, and that the amount proceeded for includes the hanging gale, which has never hitherto been demanded; and, if so, whether he can do anything to protect these tenants, pending the decision of the Vice-regal Commission appointed to inquire into such cases.
§ The following Questions also appeared on the Paper:—
§ MR. MURPHYI beg to ask the Chief Secretary to the Lord-Lieutenant of 167 Ireland whether he is aware that the Receiver under the Land Judge on the M'Cartie Estate, in the county of Kerry, on 22nd June, 1904, issued a letter to the tenants stating that the estate would not be sold for eighteen and a-half years purchase, and that an order had been made to proceed against the tenants; and, if so, will he state whether the Estates Commissioners are negotiating for the purchase of these estates; and, if not, what steps he proposes to prevent such methods of forcing these tenants into unreasonable bargains.
§ MR. THOMAS O'DONNELL (Kerry, W.)I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland, whether he is aware that the tenants on the estate of Mr. F. R. Bateman, Tralee, have paid, from 10th March, 1903, to 18th January, 1904, three gales rent, and have now been prosecuted for a fourth gale within a twelvemonth, and that these proceedings have been instituted for the purpose of forcing the tenants to accept the terms of purchase which Mr. Bateman is demanding; and whether any legislative steps will be taken to protect tenants from such exercise of their powers on the part of landlords.
§ MR. WYNDHAMThis is one of three Questions falling within the same category to which it will be more convenient for me to reply together. I have no official information respecting the matters of fact alleged in the first and third Questions. With respect to the first part of the second Question the Registrar of the Land Judge's Court is not aware whether a letter was issued by the Receiver to the tenants in the terms stated. It is the fact, however, that the Land Judge recently made an Order giving the Receiver liberty to proceed for recovery of the rents on the McCartie Estate, which the tenants were withholding. On the general question I have to observe that the Land Purchase Act does not abolish any rights, either of tenants or landlords, in respect of the payment of rent. Legislation to affect these rights would, in my opinion, be most prejudicial to the successful working of land purchase on the lines laid down by the Land Conference. The hon. Members who put these 168 Questions seem to suggest that a landlord should be debarred from suing for money owed to him pending a sale. The obvious objections to such a course must be apparent, if they will consider the opposite case of a number of tenants asking for a reduction on rent pending a sale. Section 13 of the Act of 1881 amply protects tenants from oppressive proceedings for recovery of rent, and Section 10 of the Purchase of Land Act, 1885, confers on the Land Commission all the powers of a Court of Equity to rescind contracts into which one of the parties has been by duress forced to enter In addition to these protections, under the Purchase Act of 1903 an inspection in respect of security is obligatory in the cases of all holdings other than those specified in Section 1, i.e., judical rents inside the zones.
§ MR. THOMAS O'DONNELLArising out of the reply of the right hon. Gentleman, may I ask him if it is not a fact that under the Act of last year sales should be voluntary, and whether in this case the landlord is not now using powers he never possessed before in order to induce the tenants to buy?
§ MR. WYNDHAMThe hon. Member has not quite seen the purport of my reply. If tenants came in in a batch and said, "We want a reduction of 20 per cent.," that may be described as bringing pressure to bear, but it is far better they should come together amicably.
§ MR. FLAVIN (Kerry, N.)The right hon. Gentleman says the tenants are protected from aggressive proceedings. Is he aware that in this very district landlords have proceeded against the tenants for the recovery of rents not yet due?
§ * MR. SPEAKEROrder, order! I would suggest to hon. Members interested in the Answer that they should see the written Answer. It relates to legal matters.
§ MR. THOMAS O'DONNELLThe right hon. Gentleman has not answered that part of my Question asking "whether a certain landlord having been paid three gales rent is how proceeding for a fourth in the same twelvemonth?
§ MR. WYNDHAMI did answer that. I said I have no information, and I have no means of information about the particular facts referred to by the hon. Member.
§ MR. THOMAS O'DONNELLMay I ask the right hon. Gentleman——
§ * MR. SPEAKEROrder, order! The Question on the Paper has been answered.