§ Mr. SCANLANasked the Chief Secretary for Ireland whether the Congested Districts Board have yet acquired and, if not, when they are likely to acquire the Carrowcullen lands, at present in the occupation of Miss Martin and Thomas Kilgallen, situate in the townland of Carrowcullen, in the parish of Skreen, county Sligo; and whether he is aware of the persistent demands of the small holders of this district for the purchase of the lands in question for the purpose of relieving congestion?
§ Mr. BIRRELLThe reply to the first part of the question is in the negative. The lands in question are tenanted lands held subject to a judicial rent, and a purchase agreement signed by the tenants has been lodged since 1907 with the Estates Commissioners in connection with the sale of the estate by the owner direct to the tenants under the Irish Land Act, 1903. As the lands are the subject of proceedings for sale before the Estates Commissioners, the Congested Districts Board cannot acquire them for the purpose of distribution.
§ Mr. PATRICK WHITEasked the Chief Secretary whether the Estates Commis- 952W sioners, before vesting land in tenant purchasers, advertise inviting incumbrancers on the estate to send in their claims; if so, whether those who fail to send in their claims can afterwards substantiate their demands against the new owners for what should have been discharged by the vendor; and whether holdings are vested in tenants freed from all incumbrances contracted before the issue of the vesting order, including drainage charges?
§ Mr. BIRRELLIn the case of estates the subject of proceedings for sale under the Land Purchase Acts, notices to incumbrancers are published in the prescribed form, and, when the purchase money is advanced and lodged to the credit of the estate in the Court of the Irish Land Commission, an order is made attaching claims to the purchase money and the lands are vested in the purchasing tenants. Under Sections 16 (1) and 24 (1) of the Act of 1903, such vesting order vests the fee simple of the lands purchased subject as therein provided, namely:—
- "(a) To any public rights affecting the lands;
- (b) To any sporting rights reserved by the vendor;
- (c) To any maintenance charge under the Public Works Acts; and
- (d) To any interests of the tenants in the land or of persons having claims upon those interests and to any easements rights and appurtenances mentioned in Section 34 of the Act of 1896; but, save as aforesaid and subject to the provisions of this Act with respect to minerals, discharged from the claims of all persons who are interested in the land, whether in respect of superior or intervening interests or incumbrances or otherwise, and all such claims as from the date of the vesting order cease as against the land and attach to the purchase money in like manner as immediately before the date of the order they attached to the land."