Attorney-General v Ireland

• Jurisdiction: Ireland
• Judgment Date: 11 July 1883
• Date: 11 July 1883
• Court: Chancery Division (Ireland)

V. C.

ATTORNEY-GENERAL

and

IRELAND.

The Attorney-General v. Evans 11 Ir. Ch. R. 171.

In Saunderson v. Stoney 2 Ir. Eq. R. 153.

Madden v. Wilson 6 Ir. Jur. (O. S.) 129.

Landlord and tenant Board of Works Loan for improvements 10 Vict. c. 32 Unexpired term of over forty years Borrowing tenant evicted for non-payment of rent Rentcharge leviable out of lands, notwithstanding termination of tenancy by ejectment.

Ton. XI.] CHANCERY DIVISION. 401 ATTORNEY-GENERAL v. IRELAND. V. C. 1883. Landlord and tenant-Board of Works-Loan for improvements-10 Viet. c. 32-Unexpired term of over forty years-Borrowing tenant evicted for non-payment of rent-Rentcharge leviable out of lands, notwithstanding terÂÂmination of tenancy by ejectment. A tenant under a lease for a term of years, of which more than forty years were unexpired, applied for and obtained from the Board of Works a loan, under the 10 Vict. c. 32, for the purpose of improving the lands comprised in the lease, repayable by an annual rentcharge, as provided by the Act, and tie order for the loan was duly registered. The tenant afterwards allowed the rent reserved by the lease to fall into arrear, and was ejected by his landlord for non-payment of rent. When the landlord recovered possession by the habere, several half-yearly gales of the rentcharge, payable to the Board of Works in respect to the loan, were in arrear : Held, that the rentcharge payable in respect of the loan was a charge on the inheritance in the lands, and not merely on the interest of the tenant, and that, therefore, the arrears and accruing gales of the rentcharge were chargeÂÂable on the lands, even after the tenancy had been terminated by the landlord through the ejectment. Observations of Smith, M. R., in Attorney-General v. .Evans (11 Ir. Ch. R. 171), commented on. PETITION by the Attorney-General, praying that, in pursuance of the provisions of the Acts 10 Vict. c. 32, 12 & 13 Vict. e. 59, and 24 & 25 Vict. c. 71, and of the various Acts amending and extendÂÂing the same, a Receiver might be appointed over the lands of Killoughrum otherwise Killoughram, in the barony of ScaraÂÂwalsh, and county of Wexford, and that such Receiver be conÂÂtinued until the sum then due and to accrue due on foot of the rentcharges in the petition mentioned, and costs, should be paid. On the 17th December, 1858, Richard Stanley Ireland, M. D., since deceased, demised to William Stanley Purdon and Edward Purdon the lands of Killoughrum otherwise Killoughram, in the barony of Scarawalsh, and county of Wexford, for the term of one hundred years from the 29th September, 1858. In 1859 the Messrs. Purdon applied to the Commissioners of Public Works for VOL. XI. 2 0 402 LA W REPORTS (IRELAND). [L. R. I. V. a the loan of 800 for the improvement of the lands comprised in 1883' the said lease; and the Commissioners, by order in writing under ATTY.-GEN. their common seal, dated the 30th May, 1859, and containing, in V. Ira 'D. accordance with the 10 Viet. c. 32, s. 20, the names of the lands and of the borrowers, directed that the sum of 800 should be adÂÂvanced to the Messrs. Purdon by way of loan, under the provisions of the Act. The order was duly registered in the Office for the Registration of Deeds, on the 3rd June, 1859. On the 31st October, 1862, a new lease of the same lands was made by Dr. Richard Stanley Ireland to the Messrs. Purdon for the term of two hundred years, at the yearly rent of 160, and in 1863 the Messrs. Purdon applied for and obtained a further loan of 1500 under the same Act, for which loan a similar order was made, dated the 24th March, 1863, and registered on the 25th March, 1863. These loans were sanctioned by the Treasury ; and the Commissioners of Public Works, in the manner provided by the Act, duly certified for the issue of the two sums of 800 and 1500, which were thereupon issued and paid by the CommisÂÂsioners to William Stanley Purdon and Edward Purdon. William Stanley Purdon died in the year 1870. Richard Stanley Ireland died on the 13th of March, 1875, having by his will devised the lands aforesaid to the Respondent Robert Megaw Ireland, for his life. In the year 1879 Edward Purdon allowed the rent of the said lands to fall into arrear, and the Respondent brought an ejectment for non-payment of rent against him, and obtained judgment for recovery of possession, and issued an habere, which was executed on the 31st May, 1880, since which time the Respondent had been in possession of the lands. On the 5th of April, 1883...