HC Deb 18 July 1905 vol 149 cc1074-5
MR. MURPHY

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether, in view of the decision of Mr. Justice Meredith in the case of King-Harman, landlord, Hayes, tenant, under Section 5 of the Land Act, 1903, to the effect that the Estates Commissioners had no power to inspect the holding to inquire into the equity of the price as between landlord and tenant, and of the fact that in the case mentioned the Commissioners reported that the lands were only value for £460 but that the agreed price was £571, he will take steps to enable the Commissioners to inquire as to the value of holdings sold in order to prevent prices being paid beyond the value of the holding.

MR. WALTER LONG

From the report of the case in the Irish Law Times, the effect of the judgment would appear to be that when an agreement has been entered into between a landlord and tenant for the sale of a holding at a certain price, both parties desiring that the sale shall be carried out, and the security to the State being adequate, the Estates Commissioners have no power under Section 5 to treat the two parties as incapable of entering into a valid contract and to refuse to approve of the agreement, except in eases in which a Court of Equity would interfere. The Government have no power to direct the Commissioners to put a particular construction on any provision of the statute, or to act in violation of its declared meaning.

MR. MURPHY

Will the right hon. Gentleman take steps to prevent land being sold at excessively high rates?

MR. WALTER LONG

I have every confidence that the Estates Commissioners will look after this matter.