§ MR. T. W. RUSSELL (Tyrone, S.)To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether Mrs. Higginbotham, who holds land in county Cavan under the Lord Chancellor, representing Martha Ann Fenner, a lunatic, has applied to have a second-term rent fixed, and that the application has been refused on the ground that, in law, there is no landlord; and, if so, on what ground, and for whom, rent is collected.
(Answered by Mr. Bryce.) The Land Commission inform me that, in the case referred to, the landlord is described in the form of application to fix a fair rent as "in re Martha Ann Fenner, a lunatic, by Thomas F. Barry, her committee." This application was served on the Land Commission on the 9th April, 1903, and it has been several times listed for hearing, and adjourned owing to the death of the landlord, because when the landlord dies after the service of an originating notice to fix 1329 a fair rent it is necessary to serve notice upon his successor. In September last the adjournment was made on the application of the tenant's solicitor, and in April, when the case was last ad journed, it did not appear that the successor to the landlord had been served with notice. It has been as certained from the Lunacy Department of the Court of Chancery that the lunatic died on the 11th December, 1903, and that advertisements have been widely published with a view to discovering the heir-at-law of the deceased, but no claimant has as yet established his title. This is the real cause of the delay. In March, 1906, the Lord Chancellor, by order, transferred the matter to the court of the hon. Mr. Justice Barton to administer the estate, and an application is pending in that court for letters of administration. The receiver's final account in the lunacy matter has been passed, and it is presumed an application will be made to Mr. Justice Barton to appoint a receiver in the action. When a receiver has been appointed, if the application in the fair rent matter is served on that gentleman by the tenant's solicitor, the case can be proceeded with. Mrs. Higginbotham, who is the only tenant on the estate, has paid her rent up to the last gale day; and it is stated that she has made a claim to be the heir-at-law of the deceased lunatic. She will, it may be assumed, have notice of the proceedings in Mr. Justice Barton's court. Pending the discovery of the heir-at-law, it is necessary that rent should be collected for the benefit of whomsoever may ultimately be declared to be the heir.