§ MR. JOHN O'CONNOR (Kildare, N.)To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that the tenants of the Hort estate, in the County of Kildare, signed proposals for the purchase of certain grass lands, portion of the said estate, in such parcels as the Estates Commissioners should think fit to allow to each tenant; that the Estates Commissioners offered to the Land Court a price for the said estate which was acceptable to Mr. Justice Ross, provided the offer was amended so as to exclude from its scope the lands in possession of one certain court tenant, and that the other tenants of the estate were willing to agree to this condition; that cattle-drives have taken place on this estate and that the Estates Commissioners have withdrawn their offer to purchase in consequence thereof; whether he is aware that Mr. Justice Ross has said that these cattle-drives had been improperly brought to his notice in order to prejudice his mind against the tenants, and that he subsequently admitted that such cattle-drives may have been done at the instance of a grazier; and will he say if the intending purchasers have been in any degree identified with 1962 the cattle-drives, and, if not, will the Estates Commissioners be informed that in the interest of the vendors and purchasers the offer should be renewed by them.
(Answered by Mr. Birrell.) The Estates Commissioners inform me that they made an offer for the purchase of the estate in question, which was for sale in the Land Judge's Court, but they subsequently withdrew their offer because it had been brought to their notice: (1) That the cattle of the grazing tenants had on four occasions been driven off the lands, and that men with blackened faces and turned coats had cleared the lands and assaulted the police; and (2) that the tenants on the estate had signed undertakings to purchase only on the condition that the entire of the grass lands should be sold to them. The Estates Commissioners add, however, that they are prepared to consider any application which may be made to them by any of the parties concerned. So far as the proceedings in the Land Judge's Court are concerned the registrar of that Court has furnished me with the following statement: The offer for purchase of Hort's estate by the Estates Commissioners has been before the Land Judge on two occasions. The first occasion was 18th May, 1908, when counsel appeared for two persons claiming to be tenants on the lands, and directed the judge's attention to the fact that one of the conditions of the offer was that their tenancies should be determined before the sale, and possession of the lands should be given to the Estates Commissioners. The Land Judge decided that one of these claimants held under a regular tenancy to the Court, and that he would not and could not in justice determine his tenancy. In the other case the Land Judge disregarded the claim, on the ground that the claimant held merely under an agistment contract, and that he could not interfere in the matter. When the matter was under discussion mention was made of cattle-driving having taken place on the estate, and the Land Judge said that this topic should not have been introduced into an argument on a question of law, and could only have been introduced with the view of prejudicing the mind of the Court. The Land Judge did not say 1963 that these cattle-drives might have been done at the instance of the grazier; he refused to enter at all into the question who was responsible for them. The second occasion on which the matter was before the Land Judge was on 22nd July, 1908, when the Estates Commissioners' letter intimating their intention to withdraw their offer was under his consideration. On this occasion it was again attempted to introduce the subject of cattle-driving, but the Land Judge absolutely refused to allow the matter to be discussed before him, stating that the reasons which influenced the Estates Commissioners to withdraw their offer were not for him to consider, but if it were the fact that the Estates Commissioners refused to apply public moneys in purchasing estates in respect of which intimidation had been used, and cattle-driving had taken place, he thoroughly approved their conduct.