HC Deb 23 May 1906 vol 157 c1291
MR. GINNELL (Westmeath, K)

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland will the Lord-Lieutenant, in the exercise of his power under Section 23 (8) of the Irish Land Act of 1903, request the Estates Commissioners to institute an appeal against the decision in King-Harman and Hayes, or to have a test case from among these now ruled without trial by that decision tried by the Court of Appeal, on the ground that, to the extent of the tenant's share of the property in his holding there is no sale to him, and that therefore, to that extent, neither price nor bonus should be paid to the vendor.

MR. BRYCE

The Estates Commissioners do not consider that it is any part of their duty to appeal against the decision of the Judicial Commissioner in King-Harman and Hayes. They propose when a suitable opportunity occurs to refer to the Judicial Commissioner for decision the question whether if a tenant voluntarily agrees to purchase his holding at a price which is not secured by the landlord's interest, but is secured on the landlord's interest and tenant's improvements taken together, they are at liberty to refuse to advance the whole of the price agreed upon on the ground that that price is inequitable to the tenant, because, in the case supposed, he would be purchasing his own improvements.

MR. GINNELL

When will the Question be tried?

MR. BRYCE

I presume that legal opinions will be taken as soon as possible.