HC Deb 07 March 1906 vol 153 c453
MR. GINNELL

I beg to ask Mr. Attorney-General for Ireland whether his attention has been called to the practice of the Courts empowered to fix judicial rents in Ireland to presume every improvement to have been made by the landlord, unless the tenant furnishes legal evidence of the improvement having been made by himself or his predecessor; and whether, in view of those provisions, Section 5 of the Land Act of 1870, amended by Section 1 (10) of The Land Law Act, 1896, which say that all improvements are to be deemed the tenant's until the contrary has been proved, His Majesty's Government proposes to take any steps, by legislation or otherwise, to enforce these statutory provisions.

MR. CHERRY

I cannot agree with the hon. Member that it is the practice of the Land Courts to presume every improvement to have been made by the landlord until the contrary is proved. I am informed by the Land Commissioners that, so far as they are aware, the Assistant Commissioners loyally observe the provisions of the statutes dealing with the presumption as to improvements and the decisions of the Superior Courts on the matter, which are numerous. His Majesty's Government does not propose to take any steps to enforce these statutory provisions, inasmuch as a right of appeal already exists in the event of a sub-Commission making a decision which is alleged to be erroneous.