Guardians, Callan Union v Armstrong

• Jurisdiction: Ireland
• Court: Common Pleas Division (Ireland)
• Judgment Date: 05 February 1885
• Date: 05 February 1885

C. P. Div.

THE GUARDIANS OF THE CALLAN UNION

and

ARMSTRONG

Westport Union v. Marquis of Sligo 5 Ir. Jur. (N. S.) 182.

Bolton's Case 4 Ir. Jur. (N. S.) 106.

Staunton v. PowellUNK Ir. Rep. 1 C. L. 182.

Queen v. Overseers of MaldenELR L. R. 4 Q. B. 326.

Queen v. Hammersmith 7 W. R. 524.

Staley v. Overseers of CastletonENR 5 B. & S. 505.

Harter v. Overseers of SalfordENR 6 B. & S. 591.

Kenrick v. Overseers of Guilsfield 5 C. P. Div. 41.

Mogg v. YattonELR 6 Q. B. Div. 10.

The Marquis of Sligo 5 Ir. Jur. (N. S.) 182.

Limerick Guardians v. WhiteUNK 2 Ir. C. L. R. 630.

North Dublin Guardians v. ScottUNK 1 Ir. C. L. R. 76.

Sligo v. WynneUNKIR I. R. 7 C. L. 465.

Lemon v. M'IntyreUNKIR I. R. 11 C. L. 479.

King v. St. Nicholas, RochesterENR 5 B. & Ad. 219.

King v.Morgan 2 Ad. & Ellis, 619

The Guardians of the Poor of Westport Union v. The Marquis of Sligo 5 Ir. Jur. (N. S. )182.

Scott's CaseUNK 1 Ir. C. L. R. 76.

White's CaseUNK 2 Ir. C. L. R. 630.

Poor rates Untenanted lands Liability of owner Occupier Immediate use or enjoyment 1 & 2 Vict. c. 56, s. 124.

VOL. XV1.] ee. EX: DIVISIONS. 33 E-RI:FARMAN& OF. THE CALLAN "UNION v. ARMSTRONG. Poor rages-Untenanted lands-Liability of owner-Occupier=Immediate use or enjoyment-1 45. 2 Vial. c. 56, 8. 124. On the expiration of a lease, the owner in fee of grass lands went into, pos session of them. For a period of three years he was- unable to let them, and during this time they were neither meadowed, grazed nor cropped :- Held, that the owner was liable to poor rates made in these years, as beillg the occupier of the lands within the meaning of the 1 & 2 Viet. a. 56. The Guardians of Westport Union v. The Marquis of Sligo (5 Ir. hr., N. 8., 182) dissented from. The Guardians of the North Dublin Union v. Scott (1 Ir. C. L. R. 76), and The Guardians of the limerick Union v. White,. (2 Ir. C. L. R. 630) distinguished. CASE stated by HARRISON, J., on the hearing of a civil-bill appeal. At the July, 1884, Civil-bill Quarter Sessions,Ield at Kiln:lain.' ham, county Dublin, by the Recorder of Dublin, the Appellants sued the Respondent for the sum of 14 4s. 2d. for poor rate in respect of the lands of Bauntha Commons, in the county of KilÂÂkenny, described in the civil-bill as in the possession of the Respondent, and in the poor law union of the Appellants. ApÂÂpellants, by the particulars of their demand, claimed 4 10s. 5d. for Poor 'rate for 1881; 5 3s. 4d. for 1882 ; 4 10s. 5d. for 1883. The Recorder dismissed the civil-bill without prejudice, and an appeal from this dismiss was heard before Mr. JUSTICE HARRISON on the 29th November, 1884. The poor rate collector was exaÂÂmined and proved the rate-books for the years 1881, 1882, 1883, and. also for 1879 and 1880. The Respondent, Mr. Armstrong, was admitted to be the person described as occupier in the rate-books for 1881 and 1882. During the period of occupation for which the said rates were claimed the lands were all in grass, and no house was on the lands. In 1880 the Respondent let the grass to a person named Cahill. The lands were rated in the rate-books VOL. XVI. I. 34 LAW REPORTS (IRELAND). [L. R. a P. Div. for that year as in the occupation of the Respondent. The poor 1885' rate for 1880 was paid by Cahill. The receipt was given as GnikamAifs received from Armstrong per Joseph Cahill. In 1881 the lands CALLAN trnirox were not let, and, as the fences were not repaired, the public fres- , v• passed on them. In April, 1882, one Andrew Grainger was em= ARMSTRONG; ployed by the Respondent to have the fences repaired and to pay 'a caretaker. In 1882 strangers who trespassed on the lands were sumÂÂmoned before the Petty Sessions in the name of the Respondent, and the magistrates inflicted fines, which were paid by Grainger to the Respondent. In 1884 Grainger procured. three tenants for the land. The Respondent deposed that the lands were granted by aLanded Estates Court conveyance dated 8th March, 1878, to the ResponÂÂdent and Austin Cooper, in fee upon the trusts of a deed of settlement of the 8th July, 1871. It appeared from the Landed...