Congested Districts Board for Ireland v Attorney General for Ireland

JurisdictionIreland
CourtHouse of Lords (Ireland)
Judgment Date01 January 1923
Date01 January 1923
Ch. Div.,
C. A., H. L.,
Congested Districts Board for Ireland
and
Attorney-General for Ireland

Sale to tenant at enhanced price - Advances for the purpose of the Land Purchase Acts - Repayment in cash or in Land Stock - Irish Land Act, 1903 (3 Edw. VII., c. 37), s. 72 (3) - Irish Land Act, 1909 (9 Edw. VII., c. 42), s. 3.

Section 72 (3) of the Irish Land Act, 1903, provides that when the Congested Districts Board have expended money on the improvement of an estate, and in consequence have sold parcels of that estate at an enhanced price to tenants or others, the National Debt Commissioners may advance to the Land Commission for repayment to the Congested Districts Board such sums as represent the increase of price consequent on the improvements:—Held, reversing the order of His Majesty's Court of Appeal in Ireland ([1921] 1 I. R. 258), and restoring the judgment of Powell, J. ([1920] 1 I. R. 266), that the Congested Districts Board are entitled to receive such advances in money and not in Land Stock, s. 3 of the Irish Land Act, 1909, not applying to such advances.

Ch. Div.,
C. A., H. L.,
Congested Districts Board for Ireland
and
Attorney-General for Ireland

Sale to tenant at enhanced price - Advances for the purpose of the Land Purchase Acts - Repayment in cash or in Land Stock - Irish Land Act, 1903 (3 Edw. VII., c. 37), s. 72 (3) - Irish Land Act, 1909 (9 Edw. VII., c. 42), s. 3.

Section 72 (3) of the Irish Land Act, 1903, provides that when the Congested Districts Board have expended money on the improvement of an estate, and in consequence have sold parcels of that estate at an enhanced price to tenants or others, the National Debt Commissioners may advance to the Land...

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