§ The fifth Sub-section of Section eight of the Land Law (Ireland) Act, 1881, is hereby repealed.
VISCOUNT DE VESCImoved to omit Clause 19. The section of the Act of 1881 was a very valuable one, as it called upon the Court, on the application of the landlord or tenant, or both, to fix a specified value at the time when a fair rent was fixed. This clause was clearly a deprivation of the right and privilege of the landlord, and he thought it was to the public interest that the section should be kept in the law, as it might have some effect in controlling and reducing the very excessive prices that were now given for tenant-right.
§ *THE MARQUESS OF LANSDOWNEsaid they were under the impression that the section of the Act of 1881 was not really a valuable section. He was advised that it had very rarely indeed been taken advantage of, and that the Commissioners generally declined to fix a specified value, on the grounds that they had not the materials for doing so with accuracy, and that to fix a specified value in anticipation of a sale which might never after all take place was really a superfluous proceeding. The repeal of this section did not deprive the landlord 30 in any way of his right of pre-emption when the tenancy was sold. He hoped, therefore, the noble lord would not press his Amendment.
VISCOUNT DE VESCIsaid it was quite true that at the beginning of the operation of the Act of 1881 the Sub-Commissioners declined in a great many cases to exercise their power on the score that evidence could not be adduced as to the value of tenant-right, which, up to that time, except where the Ulster custom prevailed, had not been touched at all. There had been so many cases of sale in the south of Ireland now, however, that it would be easy to fix a specified value. No injustice would be incurred by the tenant.
LORD CLARINAsaid that, so far from this being a valueless provision, he had always required the Land Commissioners to value the tenant-right at the time they fixed a fair rent, and he had purchased the tenant-right at that valuation in order to prevent cattle disease from being introduced into his grazing-land. He trusted that the noble Lord would divide the House upon his Amendment.
§ THE LORD PRESIDENT OF THE COUNCIL (The DUKE of DEVONSHIRE)said that, although he thought that the principle of the clause was a right one, he had been informed by those who were better acquainted with such matters than himself that it had but a very limited operation; and, therefore, he did not think that it was worth while to retain it in the Bill.
§ Amendment negatived.
§ Clause ordered to stand part of the Bill.
§ Clause 20,—