HC Deb 27 March 1905 vol 143 cc1199-200
MR. KENDAL O'BRIEN (Tipperary, Mid.)

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland is he aware that for some time past the estate of the late Thomas Dowling, in the parish of Cappawhite, and county Tipperary, which has been in the management of the Land Judge's Court for several years past, has recently been up for sale to the tenants; that a tenant on the estate named Daniel Moran, who holds a house and one rood of land in the village of Cappawhite and a farm of ten acres at some distance, signed purchase agreements at twenty years purchase on rental of house at £1 18s. that is £38 capital, and at twenty-one years purchase on rental of farm £9 annual, that is £189 capital sum, all arrears included; that afterwards the receiver processed Moran for a year's rent which should be paid; and that the Commissioner from the Land Commission Court, who came to inspect the holdings, approved of sale; and, if so, whether, seeing that on the 6th instant the solicitor having carriage of sale wrote saying Moran could not get the village holding, lie will state the names of the receiver, the solicitor having carriage of sale, and the incumbrancer, and take steps so that the incumbrancer will not obtain the holdings in preference to the tenants in occupation.


Mr. Moran signed agreements to purchase his agricultural and village holdings, respectively. The Land Judge accepted the proposal as to the agricultural holding, but refused the proposal as to the village holding. The agricultural holding cannot be vested in the purchaser until he furnishes the Land Commission with the necessary evidence of occupancy. The Land Judge is not prepared to supply the names of persons who are simply doing their duty as officers of the Court, or of the incumbrancers who are exercising their legal rights.