Allen v Carroll

• Jurisdiction: Ireland
• Judgment Date: 15 November 1910
• Date: 15 November 1910
• Court: Court of Appeal (Ireland)

Allen

and

Carroll (1).

Appeal.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1911.

Parliamentary franchise — Inhabitant householder — Payment of rates — Bona fides — Representation of the People Act, 1867 (30 & 31 Vict. c. 102), s. 3 (4) — Urban District Council — Artizans' dwellings — Tenancy created by verbal agreement without resolution — Letting free of rates — Payment by Urban District Council — Local Government (Ireland) Act, 1898 (61 & 62 Vict. c. 37), s. 52 — Landlord and tenant.

An Urban District Council, having acquired land within their district for the purpose, erected thereon artizans' dwellings. An agent of the Council on their instructions, but without any formal resolution, let by verbal agreement one of the houses at the weekly rent of 3s. free of rates. In fixing the rent regard was had to the amount of rates the Council would have to pay. The payment of rates by the Council was not to be contingent on the receipt by them of the weekly rent.

The Revising Barrister having found that all rates in respect of the premises had been paid by the Council bona fide and in pursuance of the verbal agreement:

Held, that the tenant of the premises, who was in occupation of them during the qualifying period, was entitled to the franchise.

Bryans v. Callaghan (Lawson's Notes (1907), p. 241; 42 Ir. L. T. Rep. 97) approved of and followed.

Appeal by the objector from a decision of Mr. Frederick M. Mooney, Assistant Revising Barrister for the county Armagh, over-ruling the objection and retaining the name of the respondent, John Carroll, and several other persons objected to on similar grounds, on the register.

The name of John Carroll appeared on the register for the division of Mid-Armagh as an inhabitant householder of premises 27 Banbrook Hill.

The ground of objection was, that the rates had not been paid bona fide” within 30 & 31 Vict. c. 102, sect. 3, sub-sect. (4).

James Lennon, Clerk to the Armagh Urban District Council since 1903, was examined on behalf of the objector. His evidence was as follows:—

Prior to the 20th July, 1909, the Armagh Urban District Council had acquired a property formerly known as the “Sherry property,” and erected thereon artizans' dwellings, including the premises 27 Banbrook Hill. He (witness) prior to the 20th July, 1909, on the instructions of the Urban District Council (but without any formal resolution in writing authorizing him to do so), through Bernard O'Neill, a rent agent of the Council, entered into verbal agreements with, amongst others, the respondent, John Carroll, by which Carroll agreed to become tenant to the Council of the premises 27 Banbrook Hill, at a weekly rent of 3s. free of rates. In fixing the amount of the weekly rent, regard was had to the amount of rates which the Urban District Council would have to pay in each case. The payment of the rates by the Council was not to be contingent on the receipt by them of this weekly rent. John Carroll went into occupation of the premises prior to the 20th July, 1909, as tenant to the Council under this verbal agreement, and at the time of the Revision Sessions continued in occupation of them as such tenant. On the 31st March 1910, Carroll was 4s. 3d. in arrear with his rent. In March, 1910, Mr. Considine, Local Government Board Auditor, audited the books of the Council for the year ending the 31st March, 1909, and held on the application of...