O'Connor, Tenant; Perry, Landlord

• Jurisdiction: Ireland
• Judgment Date: 11 January 1892
• Date: 11 January 1892
• Court: Land Commission (Ireland)

Land Com.

BEWLEY, J., and FITZ GERALD, Commissioner.

O'CONNOR,

TENANT;

PERRY,

LANDLORD.

Cassidy v. RichardsonDLTR 15 Ir. L. T. R. 42.

Knipe v. Armstrong Ibid. 64

Kelly v. Massereene 26 L.R. Ir. 199.

Knipe V. ArmstrongDLTR 15 Ir. L. T. R. 64.

Land Commission Jurisdiction Compensation for disturbance and improvements Decree of County Court Judge Appeal 24

188 LAW REPORTS (IRELAND). [L. R. 1, Land Cone. head-rent redeemed under the provisions of sect. 16 of the Land 1892. Law (Ireland) Act, 1887. Then section 2 provides that the uNGNINNG-HAM Land Commission may carry into effect a redemption under this C v. Aet as if it were a redemption of a head-rent under sect. 16 of BYRNE. the Land Law (Ireland) Act, 1887, with the necessary modifi Bewley, J. cations, and may make an advance under the Land Purchase Acts for such redemption money, or any part thereof, in like manner as if that money were the purchase money of a holding purchased by a tenant, and that the provisions of the said Acts, with respect to the advances and the repayment thereof, shall apply with the necessary modifications. Therefore, though the amount of the adÂÂvance is restricted to a sum not exceeding 3000, there is nothing in the Act to restrict the amount of the purchase money. For all we know the tenant here may be able to provide the balance of the money. It is time enough to consider that. The three objections raised by the landlord fail, and the application must be dismissed. Solicitors for the landlord : .Rooke 85 Co. Solicitor for the tenant : J. A. Mahal. W. L. [Nom-The Court extended the landlord's time for giving a consent for a fortnight, and such consent was subsequently given.-REr.] Land Cont. 1891. Nov. 30. 1892. Jan. 11. O'CONNOR, TENANT; PERRY, LANDLORD. Land Commission-Jurisdiction-Compensation for disturbance and improveÂÂments-Decree of County Court Judge-Appeal-Landlord and Tenant Act, 1870 (33 4. 34 Vict. c. 46), 88.16-24-Land Law (Ireland) Act, 1881 (44 45 Viet. c. 49), s. 47. On an appeal from a decree of a County Court Judge, made in respect of a claim by a tenant for compensation for improvements, the Land CommisÂÂsion has no jurisdiction to take into account any matters that have occurred since the date of the decree appealed from. (1) Before BEWLEY, J., and Frrz GERALD, Commissioner. VOL. XXX.] Q. B. & EX. DIVISIONS. 389 A DECREE was made by the County Court Judge of Tipperary Land Cum. in this case, dated November 1st, 1889, by which it was adjudged 1 891. ' 0 that after deducting a sum found due for rent to the land- vCONNO. R, ERR lord, Samuel Perry, there was due by the said landlord to P Y. the tenant, John O'Connor, the sum of 87 18s. 6d., in respect of a claim by the said tenant for compensation for improveÂÂments under the provisions of the Landlord and Tenant Act, 1870. From that decree appeals were taken by both parties, and in the course of the hearing of the appeals by the Land CommisÂÂsion, counsel for the landlord proposed to deal with matters connected with the deterioration of the holding in question and deÂÂpreciation in the value of the improvements, in the interval between the date of the decree of the County Court Judge and the hearing of the appeals, and in respect of mesne rates for the same period. The question was adjourned for argument as to whether the Land Commission had jurisdiction in such a case to take into consideraÂÂtion matters which had occurred subsequent to the date of the decree appealed from. The other facts of the case are fully stated in the judgment of Bewley, J. Cherry, for the landlord : The appellate jurisdiction in cases of this nature, formerly existing in the Judge of Assize, under the Landlord and Tenant Act, 1870, has been transferred to the Land Commission by section 47 of the Land Law (Ireland) Act, 1881. Since the date of the order of the County Court Judge, in this case, there has been a deterioration of the holding and a depreciaÂÂtion in the value of the improvements. This Court has jurisdiction to take these matters into consideration and adjust all equities between the landlord and tenant. We are also entitled to have our claim for mesne rates for the time- between the date of the order of the Civil Bill Court and the hearing before the Land Commission adjudicated upon : Landlord and Tenant Act, 1870, ss. 18 and 21. Cooper, for the tenant...