105 / 132
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