§ MR. GINNELLI beg to ask Mr. Attorney-General for Ireland whether he is aware that while the Land Law (Ireland) Act, 1896, in harmony with the English Valuation Acts, requires the court to ascertain and record, first the gross fair rent of holding as a whole, and afterwards the tenant's improvements and other matters to be deducted, in order to find the net fair rent, the court in practice pursues the directly contrary course, to the detriment of the tenant; and will he say whether he proposes to take any action in the matter.
§ MR. CHERRYSo far as I am aware, the Land Commission Court strictly complies with the directions of the Land Act, 1896, in first ascertaining the gross fair rent of a holding and afterwards the value of the tenant's improvements and other matters necessary to arrive at the net fair rent. Should any Sub-Commission neglect or refuse to carry out these statutory requirements, an appeal lies to a Judicial Commissioner, and from him to the Court of Appeal in Ireland.
§ MR. GINNELLI beg to ask Mr. Attorney-General for Ireland whether he is aware that a tenant applying to have a judicial rent fixed is required to claim improvements by endorsement on his notice, and to prove them in court; and whether, seeing that the statute empowers the court to make this requirement, and that all improvements not so claimed and proved are presumed to be the landlord's property, contrary to fact and to law, he proposes to take any steps to prevent the tenant being thus deprived of the statutory presumption in his favour, and of the property which the statute aimed at securing to him.
§ MR. CHERRYI must refer the hon. Member to the Answer which I gave to a Question almost identical in terms addressed by him to me on the 7th of this month.†
† See (4) Debates, cliii., 453.