The Gazette 1908-9

[MAR., 1909

The Gazette of the Incorporated Law Society of Ireland.

96

unless he undertook to sell to the Estates Commissioners under section 6. (£) Cases in which the tenants were advised to agree to the landlord's terms, provided he agreed to sell under section 6. The object of this was to ensure that every holding would be inspected, and on inspec tion the tenants could raise questions of value, enlargement of uneconomic holdings, &c. This could not be done where they signed agreements under section i within the zones. In all these cases, the landlord and tenant agreed to terms of sale, and under takings for a preliminary agreement were signed. The result is shortly thus :— If the vendor had succeeded in getting his tenants to sign formal agreements under section i, and had refused to allow them to have any of his untenanted land, and had lodged these agreements on or before the 24th November, 1908, he would not only have the protection of the zones, but would also be entitled to the full 12 per cent, bonus; and because he agreed to sell under section 6, which gave the Estates Commissioners an opportunity of inspecting for value, and of enlarging uneconomic holdings, he should not lose the protection of the zones, and get a diminished bonus. The case of a vendor lodging an Originating Request without having previously arranged terms with his tenants, is practically unknown. The 164 cases in respect of which the ^1,347,774 had been applied for, do not, in all probability, contain more than one or two cases in which the vendor merely lodged an Originating Request without in the first instance coming to terms with his tenants. The question of the amount of bonus is important in another class of case which has arisen, and will in future arise, i.e.— (3) Cases where the vendor lodged an Origi nating Application and purchase agreements under section i, and the Estates Commissioners find on inspection that:— (a) Some of the holdings are uneconomic. (3) Some of the holdings are held in run- dale or intermixed plots. (c) Vendor had untenanted land or grass lands which were not included in the Origi nating Application. The Estates Commis sioners in such cases required the vendor to turn the Originating Application into a Request, in order that they might buy the whole estate,

letter to the Incorporated Law Society. The only question remaining is therefore the pro viding of a 12 per cent. Bonus on ^1,347,774, which sum will probably be reduced by the Estates Commissioners. Assuming that the prices fixed by the Estates Commissioners in respect of this land, esti mated in value for ^1,347,774, to be under 22 years' purchase, the Bonus under the new Bill would be at least 6 per cent., z>._^8o,866 ; if 12 per cent, bonus is given, ^161,732. The amount, therefore, involved in providing the full 12 per cent. Bonus on all outstanding sections 6 and 8 cases up to the ist November, 1908, is about £80,000. Reasons why the full bonus of 12 per cent, should be paid on all estates in respect of which Requests were lodged prior to 24th November, 1908, or which are sold to the Estates Commissioners under section 6. The cases in which vendors lodged Origi nating Requests, instead of Originating Appli cations, come under the following heads :— (1) Cases in which vendor had, in addition to his tenanted land, land in hand including very often turf bogs. In such cases tenants agreed to the purchase prices of their holdings only on the vendor undertaking to sell the whole estate to the Estates Commissioners, so that the untenanted land might be split up amongst the tenants. In these cases, the tenants' purchase-moneys were agreed to before the request was lodged, and the tenants signed either undertakings to repurchase at the agreed prices, or a prelimi nary agreement fixing purchase-moneys. From the date of such undertakings or agreements, the tenants have ceased to pay rent, and pay interest on their purchase-moneys to the vendor. It is now practically impossible for the vendor to go back on his arrangement with his tenants. (2) Cases in which the tenants refused to pur chase unless the estate was sold to the Estates Commissioners for re-sale to them. The reasons why the tenants wished the sale to take place under section 6 were (inter alia):— (a) Early in the working of the Act of 1903 there was an impression amongst the tenants that, in case of a direct sale to them under section i .no grants-could be made by the Estates Commissioners for the improve ment of holdings. In consequence of this, the tenants were advised not to agree to the purchase prices suggested by the vendor,