M'Coonaghey, Tenant; Gledstanes, Landlord

• Jurisdiction: Ireland
• Judgment Date: 01 February 1895
• Date: 01 January 1895
• Court: Court of Appeal (Ireland)

M'Conaghey,

Tenant

and

Gledstanes,

Landlord (1).

Appeal.

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.

1895.

Land Law (Ireland) Act, 1887 — Land Law (Ireland) Act, 1881, section 58 — Corn-mill and flax-mill demised — Agricultural holding or mill holding.

A holding may, as a whole, be agricultural in its character, though there be upon it a mill or some other subject which, if taken as separate entity, is not agricultural, unless the separate non-agricultural entity be a substantial rent-producing factor in the demise.

Boyle v. Foster (30 L. R. Ir. 623) distinguished.

Appeal by the tenant (pursuant to leave given by order of the Land Commission dated, June 4, 1894) against the order of the Land Commission dated, May 3, 1894, whereby the tenant's originating notice was dismissed and the order of the Sub-Commission fixing a fair rent was discharged.

The originating notice stated that the rent of the holding was £70, that the gross Poor Law Valuation was £65, and that the area in Statute measure was 70a. 1r. 19p. It also stated that the lands were held under a lease dated, March 8, 1856, made by Margaret Verschoyle, to David M'Conaghey for thirty one years from May 1, 1852, or for three lives, which ever should longest last.

This lease, made in consideration of the surrender of a former lease dated January 23, 1839, described the lessee as a “farmer” and demised to him “all that and those, that part of the lands of Tullydonnell, now in the possession of the said David M'Conaghey and his undertenants, containing in the whole fifty-four acres and a-half Cunningham measure, or thereabouts, be the same more or less, together with the corn and flax-mills, and the machinery thereof, and the corn kilns and appurtenances thereunto belonging, and all and singular the buildings, fixtures, and improvements thereon or thereto belonging with all waters and watercourses to said mills belonging or in anywise appertaining, which said

lands and premises, are situate lying and being in the parish of Raphoe, etc.,” to hold for the term aforesaid at the rent of £70. The lease contained the usual powers of distress and re-entry, the usual covenants by the lessee to pay the rent, to maintain and keep the demised premises and every part thereof, and all improvements made and to be made thereon, in repair; and at the determination of the demise so to yield up the same to the lessor; and not to assign without the lessor's consent in writing. The lease then provided that if the lessee did assign the premises without such consent, he should become liable to a penal rent of £50 and gave powers of distress and entry to the lessor to recover this penal rent. Next followed, quite distinct from the above-mentioned usual covenant to repair, a very express covenant to keep in repair the mills on the demised premises. “And the said David M'Conaghey doth for himself, his heirs, executors, administrators, and assigns, covenant promise and agree to and with the said Margaret Verschoyle, her heirs and assigns, that he, his heirs, executors, administrators, and assigns, shall and will keep the said corn-mill, consisting of double gearing, two pairs of stones, sifter, duster, and fans, and the machinery thereof, and the three metal kilns on said demised premises, and the said flax-mill and the several buildings on said demised premises, in the like perfect order, repair, and condition, they are now in, during the continuance of this demise, and will also at the end or sooner determination of this demise yield up, &c.” The lease concluded with a covenant by the lessor for quiet enjoyment.

The earlier lease of January 23, 1839, was made in consideration of a fine of £650, and at a rent of £103 yearly; and in it the parcels were demised as “all that and those the farm and lands of Tullydonnell, originally in the possession of Gralbraith Thompson, containing thirty-nine acres or thereabouts, Cunningham measure,” and also, “All that and those the corn and flax-mills, and the machinery therein and the appurtenances thereto belonging, with the Mill lands of Tullydonnell, containing fifteen and a-half acres, Cunningham measure.”

The lease of 1839 contained a covenant by the lessee to keep the mill in repair, identical in terms with that which was in the lease of 1856.

The report of the Sub-Commission showed that the holding was a very well managed tillage farm: it stated that the buildings belonged to the tenant “with the exception of the mill and two cottages which are kept in repair by the tenant, annual value £6,” and it concluded with the observation “in this case £1 10s. has been added to the rent for water-power which is used for the threshing-mill.”

The Sub-Commission fixed the fair rent of the holding at £58 10s. The landlord required the case to be reheard before the Land Commission. The Court Valuer reported that the fair rent would be £57 12s. His report stated that the valuation was £50 on the lands and £15 on the buildings: that the landlord claimed as his the “old corn-mill and flax-mill, now threshing-mill, and two cottages” and assessed the annual value of the threshing-mill as £4, of the two cottages as £4, and of...