asked the Minister for Lands and Fisheries if he is aware that Thomas P. Brosnan, Dromulton, Scartaglin, Kerry (Captain Fagan estate), who has recently been decreed for land annuities, is entitled to his portion of the 8 acres of turbary reserved by the receiver out of the 25 acres held by Garret Fleming—this 8 acres being divided into 14 lots, Thomas Brosnan being the 14th tenant; and will the Minister now state that Brosnan will not be compelled to pay arrears until a definite assurance has been given that the plot of turbary, his property, will be handed over to him.
Ceisteanna—Questions. Oral Answers. - Scartaglin Turbary Dispute.
When proceedings were pending before the Estates Commissioners for the sale of the Fagan estate by the landlord direct to the tenants under the Irish Land Act, 1903, the landlord made an arrangement with the tenant, Garret Fleming, whereby turbary over 8 acres of Fleming's holding was reserved for the benefit of other tenants, and this reservation was expressed by a clause in the purchase agreement entered into by Fleming with the landlord.
Apart from the bog on Fleming's holding, the landlord had in hands an area of 78 acres of bog and cutaway bog. To meet the requirements of the Commissioners in connection with the land purchase proceedings the landlord's agent and surveyor divided all the bogs mentioned and furnished maps and schedules setting out particulars of turbary plots allotted to the tenants. By this scheme T.P. Brosnan's deceased father was allotted 6 plots on the bog in the landlord's hands and, in addition, a right of turbary over a plot containing 2 roods 14 perches, which plot forms part of the 8 acres of turbary reserved out of Fleming's holding. The allottees of turbary refused to sign consents tendered to them in respect of their turbary allotments, and therefore their holdings were vested in them without making any reference to their several turbary plots.
Mr. Brosnan was dissatisfied with the amount of turbary allotted to his deceased father, and for years he has been withholding the annuity of the holding in furtherance of his claim. The Land Commission have taken proceedings against Brosnan for recovery of the arrears due in respect of his holding, and they must continue these proceedings in accordance with their statutory duties.