asked the Minister for Lands and Agriculture whether he is aware that six tenants, stated to be rack-rented, on the estate of Florence Bateman, Oughill, Redcross, Wicklow, applied to have a fair rent fixed in January, 1923; that their case was tried by the County Court Judge on the 30th May, 1923, and that since then no decision has been given; whether the Minister is also aware that the Land Commission has decreed these men half-yearly; that they have refused to pay, and have not paid any rent pending the Judge's decision, and whether the Minister can state when the decision will be given.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - THE FLORENCE BATEMAN ESTATE (CO. WICKLOW).
In the rental lodged by the landlord to enable the Land Commission to collect compounded arrears of rent and payment in lieu of rent, the tenants referred to were returned as holding under judicial rents fixed at various dates between 1897 and 1905. The Land Commission applied to the tenants for compounded arrears of rent and payment in lieu of rent calculated on these rents, but the tenants refused to pay on the grounds that they had applied to the Civil Bill Court to have fair rents fixed for a further statutory term. Unless and until new rents are fixed as a result of these applications, the Land Commission had no option but to collect on the basis of the existing judicial rents, and as the tenants refused to pay proceedings were taken in the Circuit Court. The Circuit Court Judge, after hearing the parties, gave decrees in favour of the Land Commission against which the tenants have appealed.
With regard to the applications to have further fair rents fixed, the Commissioners understand the applications were heard by County Court Judge Drumgoole in May, 1923, and judgment was reserved until the holdings had been inspected by the County Court Valuer. As the applications were made, not to the Land Commission, but to the Civil Bill Court for County Wicklow, the Land Commission cannot take any action as regards them, and it is for the tenants to take such action as they may be advised to have their applications disposed of.
Will the Minister indicate in what way these tenants can move in order to get their applications disposed of? They have tried every legal means up to the present to get a decision.
Mr. HOGAN
Obviously, that is a question for a lawyer.
In respect to the rents, will the Minister say whether it is right to ask a man to pay a rental which is not the rental the court will bring forward if it decides the case?
Mr. HOGAN
Neither the Deputy nor myself can take the place of the Judge and announce his decision for him beforehand. In the meantime, the rent is there, off which they have got a 25 per cent. reduction. The Land Commission must recognise the law as it is and the existing position, and collect the rents on that. What alternative have they?