Morrogh v Hall and Another

JurisdictionIreland
Judgment Date04 May 1893
Date04 May 1893
CourtExchequer Division (Ireland)

Ex. Div.

Before PALLES, C. B., and MURPHY. J.

MORROGH
and
HALL AND ANOTHER

Greene v. ThorntonUNK 16 L. R. Ir. 381, 390.

Scovell v. GardinerUNK 16 Ir. C. L. R. 318.

Parish v. SleemanUNK 1 D. F. & J. 326.

Landlord and tenunt Lease Covenant to pay rent over and above all taxes, charges, and impositions Premises of a public nature, or used for charitable purposes 17 Vict. c. 8 Liability of lessees Grand jury cess.

216 LAW REPORTS (IRELAND). EL. R. I. Gibson, 1. from arrest on ca. sa., and did not affect the creditor's other 1893. remedies. It seems not safe, merely from the existence of a power BARRETT to prescribe costs occurring in this way at the end of the section, V. GOODMAN. to infer a power to make a radical change in the civil-bill code, by shifting from the creditor to the debtor the sheriff's fees. The fees created by 27 & 28 Vict. c. 99 are preserved : that statute preÂÂscribes their incidence. What is there in the Debtor's Act to alter this ? I cannot dissent from the opinion of my brother Holmes, but I follow it with regret and hesitation, as I have little doubt that the Legislature intended by the Act of 1872 (as by the English Act of 1869 and rules under it) to regulate committal on principles common to all Courts without distinction ; and there is a good deal to be said. for the view that as committal is not a form of execuÂÂtion but punishment, rules could be made prescribing how the expenses of carrying out the punitive order were to be borne. Having regard to the length of time that the County Court rules have been in force, I should have been unwilling to impugn their validity, but the matter is no longer res Integra, and. I cannot say that the decisions invalidating them are wrong. The decision of the County Court Judge must be reversed. Solicitors for the plaintiff : F. C. Downing 8f Sons. Solicitor for the defendant : J. M. Murphy. W. M. Ex. Div. MORROGH v. HALL AND ANOTHFR (1). 1893. May 4. Landlord and tenant-Lease-Covenant to pay rent over and above all taxes, charges, and impositions-Premises of a public nature, or used for chariÂÂtable purposes-17 Vict. c. 8-Liability of lessees-Grand jury cess. Premises used as an industrial school were held under a lease, reserving a yearly rent over and above all taxes, charges, and impositions whatsoever, quit-rent and landlord's proportion of poor-rate and income-tax only excepted, with a covenant by the lessees to pay the reserved rent over all taxes as afore (1) Before Parzns...

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