Congested Districts Board v Attorney General

JurisdictionIreland
Judgment Date28 June 1921
Date28 June 1921
Docket Number(1919. No. 1035.)
CourtCourt of Appeal (Ireland)
C. D. B. v. Attorney-General.
CONGESTED DISTRICTS BOARD
and
ATTORNEY-GENERAL (1)
(1919. No. 1035.)

Appeal.

Land Purchase - Congested Districts Board - Expenditure on improvements - Sale to tenants at enhanced price - Advances for the purpose of the Land Purchase Acts - Repayment in cash or in Land Stock - Irish Land Act,1903 (3 Ed. 7, c. 37), sect. 72, sub-s. 3 - Irish Land Act, 1909 (9 Ed. 7,c. 42), sect. 3.

Sect. 72, sub-s. 3, of the Irish Land Act, 1903, provides that where 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. Sect. 3, sub-s. 1, of the Irish Land Act, 1909, provides that advances for the purposes of the Land Purchase Acts may be made in whole or in part by means of stock. In this case the owner whose estate was acquired by the Board, and subsequently re-sold by them, was paid the purchase price in Land Stock.

Held (reversing Powell J.), that the Congested Districts Board were entitled to repayment of the increase of price consequent on improvements only in stock and not in cash.

Appeal from an order made by Powell J. on the 23rd July, 1920, declaring that the Congested Districts Board were entitled to repayment by means of money of such sums as from time to time became payable to them under the provisions of sect. 72 sub-s. 3, of the Irish Land Act, 1903, in cases where they had expended money on the improvement of an estate and in consequence had sold parcels of the estate at an enhanced price to tenants and others, and had become entitled to repayment as provided by the section of such sums as represented the increase of price consequent on the improvements.

The facts appear in the report in [1920] 1 I. R. 266.

Molony C.J. :—

Under the Congested Districts Board Acts, 1891 to 1909, the Board have power to purchase land under the provisions of the Irish Land Purchase Acts for the re-sale thereof to tenants. The sums required by the Board for the purchase of land are paid to them out of advances made by the National Debt Commissioners to the Land Commission, and it is provided that all payments so made shall be deemed to be advances made to the Land Commission for the purposes of the Land Purchase Acts: Irish Land Act, 1903, sect. 72, sub-s. 1. Sect. 72, sub-s. 3, of the Act is in the following terms: "Regulations made by the Treasury may provide that where 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."

The Act of 1903 contemplated vendors being paid in cash, but this was changed by the Act of 1909 to payment in stock.

In the present case the plaintiffs purchased certain lands in the County of Galway at the price of £1,024, to be provided and paid in 3 per cent. Guaranteed Land Stock. They then expended...

To continue reading

Request your trial
2 cases
  • Attorney General v Congested Districts Board
    • Ireland
    • House of Lords (Ireland)
    • 13 November 1922
    ...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 ......
  • Congested Districts Board for Ireland v Attorney General for Ireland
    • Ireland
    • House of Lords (Ireland)
    • 1 January 1923
    ...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 mone......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT