Moir, Tenant; Blacker, Landlord

• Jurisdiction: Ireland
• Judgment Date: 17 June 1890
• Date: 17 June 1890
• Court: Chancery Division (Ireland)

appeal.

Before LORD ASHBOURNE, C., and FITZ GIBBON and BARRY, L.JJ.

MOIR,

TENANT;

BLACKER,

LANDLORD

M'Carthy v. SwantonUNK 14 L. R. Ir. 365.

In re Butler's Estate 13 Ir. Ch. R. 453.

Groom v. BlakeUNKUNK 6 Ir. C. L. R. 400; 8 Ir. C. L. R.428.

Anonymous CaseENR 2 Atk. 15.

Harrisson v. Duignan 2 Dr. & War. 295.

Sharp v. carterENR 3 P. Wms. 375.

Wrixon v. Vise 3 Dr. & War.104.

Bertrand v. Davies 31 Baav. 429.

Ames v. Trustees of the Birkenhead DocksENR 20 Beav. 332.

Ex parte Evans; In re Watkins 13 Ch. Div. 252.

Hamilton, Landlord; Sharpe, TenantUNK 20 L. R. Ir. 224.

Clanchy, Tenant; Croker, Landlord Ibid. 111.

Bertrand v. DaviesENR 31 Beav. 429.

Groom v. BlakeUNKUNK 6 Ir. C. L. R. 400; 8 Ir. C. L. R. 428.

Butler's Estate 13 Ir. Ch. R. 453.

Appointment of receiver over lessee's interest Application by fix fair rent on behalf of lessee Lessee bona fide in occupation of holding.

VOL. XXVI.] Q. B. & EX. DIVISIONS. THE COURT were unanimously of opinion that the annual salary payable to the coroner should be calculated anew at the Spring Assizes in each year, according to the average amount of fees upon inquests held by him or his predecessor in office during the five years then last past, at not less than 2 for each such inquest. As to the subsidiary question referred to in paragraph 13, the Court held that it had not been sufficiently raised before the Judge of Assize, and accordingly expressed no opinion upon it. Solicitors for the Grand Jury : Murland 4. Co. - Solicitor for Dr. Heron : William Murphy. Solicitor for Dr. Parke : W. B. Galway. 375 Cr. Cas..Res. 1889. In re CO. DOWN PRESENT MENT. MOIR, TENANT; BLACKER, LANDLORD (1). Land Law (Ireland) Act, 1887 (50 5- 51 Vict. c. 33, s. 1)-Appointment of receiver over lessee's interest-Application by receiver to fix fair rent on behalf of lessee-Lessee bona fide in occupation of holding. A petition for the sale of the lessee's interest in a holding having been preÂÂsented in the Chancery Division, Land Judges, a receiver was appointed, who, in pursuance of an order of the Land Judge, took up possession of the holding from the lessee. The receiver, pursuant to a subsequent order of the Land Judge, served an originating notice to fix a fair rent on behalf of the lessee : Held, reversing the order of the Laud Commission, that the lessee was bona fide in occupation of the holding for every legal purpose, and that a fair rent could be fixed. APPEAL by the tenant from an order of the Land Commission making no rule upon his appeal from an order of the Sub-ComÂÂmission dismissing the originating notice to fix a fair rent. The lands, which were the subject of the originating notice, were held by the tenant under a lease for thirty-one years from the 1st November, 1877. The National Bank became equitable (1) Before LORD ASHBOURNE, C., and FITZ GIBBON and BARRY, L.JJ. Appeal. 1890. June 17. 376 LAW REPORTS (IRELAND). [L. R. Appeal. mortgagees of the lessee's interest, and in the year 1884 they pre.. 1890. rented a petition in the Chancery Division, Land Judges, for the MOIR sale of the leasehold interest, and an absolute order for sale was v. Bi A CKER. subsequently made. On the 26th January, 1885, by an order of Flanagan, J., Robert Goff was...