The Gazette 1908-9

MAR., 1909]

The Gazette of the Incorporated Law Society of Ireland.

97

including any lands in hands, re-arrange the holdings, and make them economic. In many such cases the vendor has, at the request of the Commissioners, agreed to adopt this course two or more years ago, on the mutual Understanding that a 12 per cent, bonus would be paid. (4) Cases in which a vendor had tenanted land and also untenanted land. The vendor before or after he had arranged terms with his tenants (in some cases he had actually lodged his Originating Application and Agreements) received a communication from the Estates Commissioners calling his attention to the fact that he had untenanted land, and asking him would he allow such untenanted land to be inspected. The vendor consented. The Commissioners estimated the price of the untenanted land (which price the vendor expressed himself willing to accept) and re quired the vendor:— («) To lodge an Originating Request for the tenanted and untenanted land, or (£) To turn the Originating Application already lodged into a Request, and include in it the untenanted land which had been valued. As THE LAW NOW STANDS. Thus, in the case of good estates with sub stantial and strong tenants where no alteration in procedure is necessary a bonus of 12 per cent, will be paid, while a poor congested estate, with small tenants, will only get a bonus of 3 per cent. In this connexion it is right to remember that the Treasury have already estimated for a bonus of 12 per cent, on estates in respect of which Originating Application and Agree ments under section i were lodged on or prior to 24th November, 1908. The foregoing observations apply to such cases. The turning of an Originating Application into a Request means that the Estates Commissioners will inspect for value. They will not increase the price agreed to by the vendor, and will, in all probability, reduce it. This means that if the Government agree to the foregoing suggestions, the Treasury will not have to pay more than they have already estimated for, and will probably have to pay a great deal less. CONGESTED DISTRICTS BOARD CASES. The cases of sales to the Congested Districts Board where the "agreement "under section 79 has not been made does not appear to be covered by Mr; Birrell's letter of the igth

January, 1909. In these cases the purchase- money has been arranged between the vendor and the Congested Districts Board, on the distinct understanding that a Bonus of 12 per cent, would be paid, and the Board have, in many cases, actually gone into possession of the estates, and into receipt of the rents and profits, and since the date of the agreement have paid the vendor interest on the agreed purchase-money at 3^ per cent. Suggested Method of Providing for the Foregoing Cases in the Irish Land Bill, 1909. For the purpose of meeting the foregoing cases it is suggested that sections should be introduced into the Irish Land Bill, 1909, as follows :— (i) The percentage payable under section 48 of the Act of 1903 shall be calculated at the rate of 12 per cent, in respect of:— (a) The purchase-money of estates in re spect of which Originating Requests under section 6 of the Act of 1903 were lodged on or prior to 24th November, 1908. {b) The purchase-money of estates in re spect of which Originating Applications under section i of the Act of 1903 were lodged on or prior to 24th November, 1908, and which Originating Applications have been, or may hereafter be, changed into Originating Requests with the consent of the vendor, and by the direction of the Estates Commissioners. (c) Purchase agreements lodged after the 24th November, 1908, in substitution for, or in modification of, purchase agreements lodged on or prior to the 24th November, 1908. (tf) The purchase-money of estates which the Congested Districts Board on or prior to the 24th November, 1908, offered to purchase at a price which the vendor accepted. The acceptance by the vendor of the Board's primary offer shall, for the purpose of the bonus only, be deemed to be an agreement, although the agreement under section 79 of the Act of 1903 was not signed till after the 24111 November, 1908. Solicitors' Buildings, Four Courts, Dublin, $ih February, 1909. " Irish Office, Old Queen Street, S.W., " g/h February, 1909. " SIR,—I have placed, before the. Chief Secretary your letter of 6th instant, with