HL Deb 10 August 1896 vol 44 cc345-6

(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 re-instatement, the Land Commission may declare the terms and conditions as to rent, and the payment of arrears or otherwise upon which they consider that 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 condition (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 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 upon 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 that 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 MARQUESS OF LANSDOWNE

moved in Sub-section (7), after the words "shall include the," to insert the words "heir or"; and after the word "representative," to insert the words "as the case may be."

Amendments agreed to.

Clause 48,—