§ MR. FETHERSTONHAUGH (Fermanagh, N.)
To ask Mr. Attorney-General for Ireland if his attention has been called to the inconveniences caused by the questions which have arisen in numerous cases in the Irish Courts in reference to conversion of realty into personalty by agreements for sale between landlord and tenant, the difficulty as to when conversion takes place, and if there is reconversion in cases where advances are refused, and the question raised in the recent case of Carton v. Blount as to what is to be done with the income in the often long period between lodgment of the purchase agreements and the sanction of the advance; and will he consider the desirability of endeavouring, in the promised Land Bill, to deal with these questions, which in various forms take up a good deal of the time of the Land Commission, to the loss of owners and profit only of the legal profession.
(Answered by Mr. Cherry.) I have consulted the Judicial Commissioner of the Land Commission on this subject, and he informs me that there is no uncertainty in the law, and no difficulty in administering it other than that which is inherent in the matter, and which would equally exist if the legislation suggested by the hon. and learned Member were effected. Moreover, I learn from the Judicial Commissioner that very little of his time has been taken up in considering such questions, as most of the estates which come before the Land Commission are in settlement. I see no reason, therefore, for introducing legislation to amend the existing law as applying to sales under the Land Purchase Acts. On the contrary, I think it would produce confusion and inconvenience to have a different rule as to conversion existing in these cases from that which applies generally to all sales of real property.