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Dáil Éireann debate -
Tuesday, 26 May 1925

Vol. 11 No. 20

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - PROCEEDINGS AGAINST LIMERICK TENANTS.

asked the Minister for Lands and Agriculture whether he is aware that tenants on the Bathurst Estate, Cappamore, Co. Limerick, have been proceeded against for one half-year's interest in lieu of rent due on November 1st, 1924; that the said tenants are unable to meet this half-gale of rent owing to the flooding of the lands in consequence, it is alleged, of the failure of the Land Commission to keep in repair the banks of the River Mulcair or Bilboa adjoining the said lands; and whether he is aware that an engineer from the Land Commission inspected the banks in July, 1924, and that no repairs were carried out since; whether he will state the engineer's report on the matter, and if he will expedite the carrying out of any works suggested by the engineer this coming summer.

Two tenants on the Bathurst estate have failed to pay their instalments of payment in lieu of rent when due, and the usual proceedings have been taken by the Land Commission to recover the arrears.

The estate comprises 4 holdings in the townlands of Killuragh and 3 holdings in Turagh, and the owner has lodged schedules of particulars to enable the lands to be vested.

It appears that there is an embankment protecting the property on the south and east sides from the overflow of the River Mulcair, and that the lands are within the Mulcair river drainage district. The Land Commission gazetted the lands on 15th January, 1924, when the tenants lodged objections to the vesting of the lands on the grounds that the lands were affected by the embankment and a drainage maintenance rate, and that they were not prepared to undertake the future liability. The objection was listed before the Commissioners who, after hearing the parties, directed one of their engineers to visit the lands. The Commissioners have considered the matter, and have informed the owner's solicitors and the objecting tenants, that they propose to make application to the Judicial Commissioner to retain out of the purchase money a capital sum for the future upkeep of the embankments and for the drainage maintenance rate. There is no liability on the Land Commission for the maintenance of the embankment.

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