Fox, Tenant; Gloster, Landlord

• Jurisdiction: Ireland
• Judgment Date: 08 December 1896
• Date: 08 December 1896
• Court: Land Commission (Ireland)

Fox

Tenant

and

Gloster

Landlord (1).

Land Com.

CASES

DETERMINED BY

THE QUEEN'S BENCH AND EXCHEQUER DIVISIONS

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1897.

Landlord and tenant — Assignment by tenant in 1895 — No notice of intention to sell — Proceeding by landlord to set aside sale pending at commencement of Land Law (Ireland) Act, 1896 (59 & 60 Vict. c. 47) — Alienation otherwise than for consideration in money or money's worth — Section 19 of Act — Retrospective effect — Section 50 (1).

The effect of section 50 (1) of the Land Law (Ireland) Act, 1896 (59 & 60 Vict. c. 47), is that in cases pending at the commencement of the Act the rights and obligations of the parties are to be determined in accordance with the law as altered by the several provisions of Part I. thereof, save where such provisions are expressly prospective.

In 1895 a tenant, without giving any notice to the landlord of his intention so to do, assigned his holding to one person. the landlord, before the commencement of the Act of 1896, served an originating notice to have the sale declared void. The application came on for hearing after the commencement of the Act, when the Court were of opinion that the transaction was an alienation otherwise than for consideration in money or money's worth:—

Held, that the provisions of section 19 of the Act were not to be restricted to alienations after the passing of the Act, that they governed the rights of the parties in these proceedings, that regulation (5) of section 1 of the Land Law (Ireland) Act, 1881 (44 & 45 Vict. c. 49), did not apply, and that the relief sought could not then be granted.

Originating Notice by the landlord of application to declare a sale of the tenancy to Mary Grady void, on the grounds that the tenant had failed to...