§ Mr. CREANasked whether, in the sale of estates under the Irish Land Act, 1903, where a minority of the tenants have refused to sign agreements for the purchase of their holdings, it is still in the power of the Estates Commissioners to have these estates inspected and valued; can they include in such sale the outstanding tenants at a price which their inspectors consider fair and equitable between landlord and tenant; and, in the event of the landlord refusing to accept the award of the Commissioners, have they still power to refuse to sanction the sale of such estates?
§ Mr. BIRRELLThe Estates Commissioners inform me that before either declaring or refusing to declare any lands fit to be regarded as a separate estate they ascertain whether the vendor owns any other lands in the neighbourhood of those included in the proposed estate, and inquire into the reasons for the exclusion of any such land, and into the cases of any tenants who have not signed purchase agreements, and the Commissioners' ultimate decision is arrived at after consideration of all the facts.
§ Mr. M'KEANasked the Chief Secretary what has been the result of the negotiations entered into two or three years ago between the Estates Commissioners and the owners of the Porter estate, situated near the town of Carrickmacross, in the county of Monaghan, for the purchase and sale of 337 acres of land from which between forty and fifty tenants were originally evicted; whether the owners of the property in question are prepared to sell on fair terms; and, if so, whether he will 1289W make such representations to the Estates Commissioners as will lead to the division of the before-mentioned land among tenants who will bring it under cultivation and thus render it of more value to the neighbourhood in particular, and to the country in general than it now is as let for grazing purposes under the eleven months' system?
§ Mr. BIRRELLThe Estates Commissioners have instituted proceedings for the acquisition of 346 acres on this estate under the provisions of the Evicted Tenants Act, 1907. The owner has lodged objections to the acquisition of these lands by the Commissioners, and these objections have not yet been determined.
§ Mr. GINNELLasked the Chief Secretary what reasons the Estates Commissioners hold to justify them in dealing with an estate in advance of its strict order of priority; and whether those brought under his notice last December with reference to the Browne estate, Westmeath, justify dating the priority of that estate as from the time of the first inspection of it?
§ Mr. BIRRELLThe Estates Commissioners inform me that before deciding to recommend the Lord Lieutenant to approve of the acceleration of the proceedings in connection with any particular estate pending for sale before them they have regard to the circumstances of such estates and those of others in priority to it. The Commissioners will deal with the estate referred to in its proper order of priority.
§ Mr. GINNELLasked the Chief Secretary what effort, if any, the Estates Commissioners have made to acquire for distribution the untenanted ranch of Lisclogher, on the Tighe estate, Westmeath; whether the agent's assertions have prevented them sending an inspector on the land; and whether they will now ascertain the local facts making this a suitable estate to acquire compulsorily for distribution?
§ Mr. BIRRELLThis estate is being sold direct to the tenants under the Irish Land Act, 1903, and when it is being inspected in order of priority inquiry will be made with reference to the untenanted land referred to.
§ Mr. GINNELLasked the Chief Secretary from what stage of the procedure the priority of an estate for sale dates in the Estates Commissioners' register; why it is 1290W that in the case of the Paget estate, Westmeath, where all the agreements were lodged with the Commissioners on the same day five years ago, one portion was dealt with two years ago, and the tenants on the other portion are still paying interest in lieu of rent in addition to the agreed prices; and if he can now say when they will be relieved of this burden by completion of the sale?
§ Mr. BIRRELLEstates pending before the Estates Commissioners are dealt with in the order of priority laid down in the Regulations made under Section 23 (8) of the Irish Land Act, 1903, and Section 4 of the Irish Land Act, 1909. As regards the property referred to it was sold by the owner in two divisions as two separate estates, and prior to the issue of the existing regulations the Commissioners decided to expedite the proceedings in respect of one estate so as to vest certain holdings without delay in certain evicted tenants reinstated on that estate. The second estate will be dealt with in order of priority.
§ Mr. GINNELLasked when a vendor of an estate for direct sale to the tenants under the Land Acts of 1903 and 1909 demands a higher price from one or two than from the rest, or when for special reasons purchase is claimed at a lower price, the tenants being willing to buy at such prices as their holdings are found on inspection to be worth, and the vendor forces signature of his agreements by threats of seizure and eviction, whether the Estates Commissioners recognise agreements so obtained in zone cases as valid; and whether, if specific instances are brought under their notice, they will have the holdings valued and the prices cut down to the value?
§ Mr. BIRRELLIn direct sales under the Land Purchase Acts the terms of sale are arranged between the vendor and the tenants, and purchase agreements embodying these terms are lodged with the Estates Commissioners. Where the prices come within the zone provisions of Section 1 of the Act of 1903 the holdings are under the Statute security for the agreed prices. Holdings not coming within the provisions are inspected for the purposes of security, and the Commissioners only advance the amount they consider to be secured. When dealing with estates the Commissioners inquire into any allegation that the tenants had been induced to sign purchase agreements by duress or other improper means.
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§ Mr. J. P. FARRELLasked the Chief Secretary whether, in the case of the estate of A. E. Edgeworth, Esq., D.L., Edgeworthstown, county Longford, for which purchase agreements were lodged two or three years ago, any application has been made to the Estates Commissioners by the landlord or his agent or solicitor to have the agreements amended so as to permit of the addition of a subsequent agreement for the sale of the houses in the town of Edgeworthstown on the property to be included in the sale; whether the Commissioners, in the exercise of their powers under the Act of 1903, have power to amend the said agreements on the basis that where the Commissioners did not fix the value of the joint property to be value for the advance proposed, the tenant in occupation would provide the balance in cash; whether any such amendment would hinder the progress of the sale or affect the priority or bonus; and, if not, will he request the Estates Commissioners to communicate with the solicitors having carriage of sale and request them to carry out the promise made by the landlord to have all the houses and lands joined together in one sale?
§ Mr. BIRRELLThe reply to the first paragraph is in the negative. The Estates Commissioners have received a memorial from the town tenants asking that their holdings may be included in the sale of the estate. It is open to the owner to enter into separate agreements for the sale of the town holdings at such prices as may be agreed upon between the parties, and when the estate is reached in order of priority the Commissioners will consider what sums could be advanced on the security of the sites, and the difference between such sums and the prices agreed on could be lodged in cash by the purchasing tenants. These agreements would be future agreements under the Act of 1909, and the annuities would be at 3½ per cent., and the bonus would be on the scale fixed by the first schedule to that Act.