(1.) Where the tenancy of a holding has been determined at any time after the first day of May, one thousand eight hundred and seventy-nine, the landlord or the former tenant of the holding, or both jointly may, within twelve months of the commencement of this Act, apply in the prescribed manner to the Land Commission to act as mediators with a view to the reinstatement of the tenant in the holding or with a view to the purchase of the holding by the tenant.
(2.) Upon any such joint application with a view to reinstatement, the Land Commission may declare the terms and conditions as to rent, and the payment of arrears or otherwise upon which they consider it would be reasonable that the former tenant should be reinstated in the holding, and upon the parties consenting within the prescribed time and in the prescribed manner, may make an order reinstating the tenant in his holding upon the said terms and conditions.
(3.) Upon any such joint application with a view to the sale of the holding, the Land Commission may declare the amount of the advance which they are prepared to sanction, and the conditions (if any) to be fulfilled previously to the making of such advance, and upon the parties consenting within the prescribed time and in the prescribed manner, may order an advance, subject to the said conditions in like manner as if an agreement had been made under Section thirteen of the Purchase of Land (Ireland) Act, 1891 as re-enacted by this Act.
(4.) Upon such application, whether for reinstatement or for a sale being made by either the landlord or the former tenant of the holding, the Land Commission may, if they think fit after making such inquiry as they think advisable, serve in the prescribed manner upon the party not having made the application, a notice calling on him to state whether he consents to the application being treated as a joint application, and if the party so served does not within the prescribed time after such service object, a joint application within the meaning of the section shall be deemed to have been made for reinstatement or for a sale, as the case may be, and the Land Commission may thereupon proceed under this section accordingly.
(5.) Every order under this Section shall be binding upon all persons, and be final and conclusive.
(6.) An order under this section shall not be made in the case of a holding which, on the first day of January one thousand eight hundred and ninety-six, was in the occupation of a tenant.
(7.) For the purposes of this section, the expression "former tenant" shall include the personal representative of the former tenant.
THE EARL OF ARRAN
moved to omit the following words from Subsection (4)—and if the party so served does not within the prescribed time after such service object, a joint application within the meaning of the section shall be deemed to have been made for reinstatement or for a sale, as the case may be, and the Land Commission may thereupon proceed under this section accordingly,and to insert instead thereof the following words:—His object, his Lordship said, was simply to restore the clause to the form in which it stood when the Bill was originally introduced. Under the clause as at pre sent worded every tenant who had been evicted since 1879 would doubtless be advised by his lawyer to serve his notice on the landlord to be reinstated. As the Bill originally stood it made the positive consent of the landlord necessary, whereas now the consent was to be deemed to exist. He did not see what damage there would be to the tenant if he was obliged to have a consent in writing. It was not prescribed, either, that notice should be given to the land- 86 lord's agent when he was the person whose consent was to be asked.
- (a) If he consents within the prescribed time the Land Commission may proceed under this Section in like manner as if the application was a joint application, but
- (b) If he does not so consent no further proceedings shall be taken.
§ *THE MARQUESS OF LANSDOWNE
said the clause was originally introduced in another place in the shape in which his noble Friend wished now to put it, but, he was told, by consent the present form was adopted, and he should be very sorry to alter it. There was a good deal to be said for the proposal that in cases of this kind acquiescence should be sufficient without requiring active consent.
THE EARL OF ARRAN
was afraid that the present clause would open the door to much abuse. An owner might be away and his dissent might arise too late in consequence. It would, in such a case, be very unfair to oblige him to reinstate a tenant whom he had no intention of receiving at all.
§ LORD ASHBOURNE
pointed out that the owner must be served "in the prescribed manner." and the Land Commission would take care that the service was in such a way as would be effective and proper.
THE EARL OF ARRAN
said he did not quite see how that met the case, because if no answer was obliged to be received from the owner and the consent was only implied, the door was opened to a great deal of abuse.
§ Amendment negatived.