Ex parte The Strabane (No. 1) Rural District Council; The Labourers (Ireland) Acts, 1883 to 1906; The Strabane (No. 1) Rural District Labourers Order, 1908; and £ 119 Compensation Awarded by an Award Dated 20Th February, 1909

• Jurisdiction: Ireland
• Court: Chancery Division (Ireland)
• Judge: Ross, J.
• Judgment Date: 21 March 1910
• Date: 21 March 1910

Ex Parte the Strabane (No. 1) Rural District Council

In the Matter of the Labourers (Ireland) Acts, 1883 To 1906

The Strabane (No. 1) Rural District Labourers Order, 1908

And in the Matter of £119 Compensation Awarded by an Award Dated 20Th February, 1909.

Ross, J. (for the Master of th Rolls).

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

The HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1910.

Compulsory Purchase — Acquisition of land under Labourers Acts — Compensation — Jurisdiction of Local Government Board — Arbitrator — Mortgage — Instalment mortgage — Irish Land Commission — Payment into Court — Labourers (Ireland) Act, 1906, s. 11 — Housing of the Working Classes Act, 1890, Schedule II., Articles (9), (11) — Lands Clauses Consolidation Act, 1845, ss. 108, 112, 115-118.

Where a portion of land subject to a mortgage is taken under the provisions of the Labourers (Ireland) Act, 1906, the value of the part that is taken is to be assessed, and the sum so awarded is to be paid over to the mortgagee in satisfaction of his mortgage debt so far as the same shall extend.

Where the arbitrator purports to award a small portion only of the compensation moneys to the mortgagee, his award is in this respect bad, even though the mortgagee had notice of the arbitration proceedings, and took no steps to oppose the award or to set it aside.

An instalment mortgage to the Commissioners of Church Temporalities in Ireland does not differ from any other mortgage in this respect.

Summons for payment of money lodged in Court under the Labourers (Ireland) Act, 1906.

The applicant, Joseph Gallagher, was the owner in fee-simple of a farm of laud situated at Urney, in the barony of Strabane, and county of Tyrone. The said lands had been granted by the Commissioners of Church Temporalities in Ireland to...