Murray and Others v Minister for Finance

• Jurisdiction: Ireland
• Judgment Date: 01 January 1929
• Date: 01 January 1929
• Court: Supreme Court (Irish Free State)

Supreme Court.

Murray and Others v. Minister for Finance.

MURRAY & Others

and

THE MINISTER FOR FINANCE (AIRE AIRGID) (1)

Landlord and tenant - Lease - Construction - Covenant to pay rent "over and above all taxes, charges, and impositions whatsoever, landlord's proportion of income tax only excepted" - Liability for poor rate - Premises used for charitable purposes - Poor rate paid by landlord on the half-rent - Recovery of amount paid from tenant - Whether covenant one to indemnify landlord - Amendment of civil bill on appeal to Supreme Court - Poor Relief (Ir.) Act, 1838 (1 & 2 Vict. c. 56), sect. 63 - Poor Relief (Ir.) Act, 1849 (12 & 13 Vict. c. 104), sect. 10 - Valuation (Ir.) Act, 1854 (17 & 18 Vict. c. 8), sect. 2 - Local Government (Ir.) Act,1898 (61 & 62 Vict. c. 37), sect. 52.

Appeal by the defendant from an order of the High Court (Johnston and Hanna JJ.) made on the 8th November, 1927, on the hearing of an appeal from the Circuit Court.

On the 4th February, 1927, the plaintiffs issued a civil bill in the Circuit Court, their claim being as follows:—

"For money payable by the defendant to the plaintiffs for money paid by the plaintiffs for the use of the defendant and

his predecessors, the Commissioners of Public Works, at the request of the defendant and his said predecessors.

The said money was paid by the respective plaintiffs in respect of poor rate payable out of the premises at North Brunswick Street, City of Dublin, comprised in a lease, dated 5th May, 1914, the said poor rate being properly payable by the defendant and his predecessors, as lessees, under the said lease, by virtue of a covenant contained therein by the lessee to pay the yearly rent of £85 'over and above all taxes, charges, and impositions whatsoever, landlord's proportion of income tax only excepted.'

The lessor's interest in the said premises was, at, and prior to, the 31st March, 1916, vested in Patrick Murray, and was so vested in him at the date of his death on the 17th August, 1922.

On the death of the said Patrick Murray the lessor's interest became vested in Elizabeth Murray as tenant for life, and remained so vested in her until the date of her death on the 29th September, 1924, and upon her death the lessor's interest became vested in, and is still vested in, the plaintiff, Thomas J. Murray, as tenant for life.

The plaintiffs, Charles J. Murray and Francis X. Murray, are the executors of the said Elizabeth Murray, who was the sole executrix of the said Patrick Murray.

The said Patrick Murray paid the sum of £20 1s. 8d. in respect of poor rate on said premises during the period he held same.

The said Elizabeth Murray paid the sum of £52 12s. 2d. in respect of poor rate on said premises during the period she held same.

The plaintiff, Thomas J. Murray, paid the sum of £17 17s. 8d. in respect of the said poor rate on said premises up to and ending the 31st March, 1927.

The plaintiffs, Charles J. Murray and Francis X. Murray, as personal representatives of the said Patrick Murray, claim the sum of £20 1s. 8d., and, as personal representatives of the said Elizabeth Murray, claim the said sum of £52 12s. 2d.

The plaintiff, Thomas J. Murray, claims the sum of £17 17s. 8d..

In the alternative, the plaintiffs claim the said respective sums as balance due by the defendant in respect of the rent payable under the said lease, or, in default, the said Judge will proceed as to justice shall appertain."

The lease of the premises was as follows:—

"This Indenture, made the fifth day of May in the year of our Lord one thousand nine hundred and fourteen, between Michael Moore, Coach Builder, and Mary Moore, spinster, both of 1 North Brunswick Street, in the City of Dublin, hereinafter called 'the lessors,' which expression shall (where the context so requires or admits) be deemed to include the person or persons from time to time entitled to the reversion of the premises hereby demised expectant on the term hereby granted, of the one part, and the Commissioners of Public Works in Ireland, hereinafter called the lessees, which expression shall (where the context so requires or admits) be deemed to include their successors and assigns, of the other part, Witnesseth that for and in consideration of the covenants hereinafter contained on the part of the lessees to expend or secure the expenditure of the sum of two hundred pounds at least in repairing, altering and improving the buildings in and upon the premises hereinafter described and expressed to be hereby demised, and in consideration of the yearly rent and covenants hereinafter reserved, the said Michael Moore, as to his one undivided third share of the said premises, as beneficial owner, and the said Mary Moore, as to the remaining undivided two-thirds share of the said premises, as tenant for life thereof by virtue of the powers of the Settled Land Acts, 1882 to 1890, and of every or any other power enabling her in this behalf, do hereby demise unto the said lessees all that and those the lands, houses, buildings, and premises described on the map hereon endorsed, bounded on the South by North Brunswick Street, on the North by the North Dublin Union, on the East by the rears of premises in Upper Church Street, and on the West by the Houses of Industry Hospital premises, all said premises being situate in the Parish of Saint Michan and County of the City of Dublin, to hold the said demised premises, with the rights, members, and appurtenances thereunto belonging to or in anywise appertaining unto the said lessees, their successors and assigns, for the term of nine hundred and ninety-nine years, to be computed from the first day of May one thousand nine hundred and fourteen, yielding therefor and thereout yearly and every year during the continuance of this demise the yearly rent or sum of eighty-five pounds, to be paid by two even and equal payments on every 1st May and 1st November in each and every year during the continuance of this demise over and above all taxes, charges, and impositions whatsoever, landlord's proportion of income tax only excepted, the first payment thereof to be made on the first day of November next ensuing the date of these presents, Andif the said reserved yearly rent or any part thereof shall happen to be behind or unpaid for or by the space of twenty-one days next after any of the days hereinbefore mentioned and appointed for the payment thereof, then and so often as it shall so happen it shall and may be lawful to and for the said lessors, their heirs or assigns, or other the person or persons thereto then entitled, into the said demised premises or any part thereof to enter and distrain, and the distress and distresses then and there found to lead, drive and take away, and the same to dispose of according to law, for satisfaction of the said rent and all arrears thereof, and all costs, charges, and expenses occasioned by the non-payment thereof, And the said lessees do for themselves, their successors and assigns, covenant, promise and agree to and with the said lessors, their heirs and assigns, by these presents that they, the said lessees, their successors and assigns, shall and will from time to time and at all times hereafter during the continuance of this demise well and truly satisfy, content and pay the said reserved yearly rent or sum of eighty-five pounds on the days and times hereinbefore mentioned and appointed for the payment thereof clear above all taxes as aforesaid, And also that they the said lessees, their successors and assigns, will within a period of five years after the date of these presents expend or secure to be expended a sum of two hundred pounds at the least in alterations, improvements and repairs in and to the buildings now existing in and upon the premises hereby expressed to be demised, Andalso that they, the said lessees, their successors and assigns, shall and will during the continuance of this demise, preserve, uphold, support, maintain and keep the said demised premises and every part thereof and all improvements made and to be made thereon in good and sufficient order, repair and condition,And at the end of the term hereby granted or other sooner determination of this demise shall and will so leave and yield up the same unto the said lessors, And also will insure and keep insured the said demised premises and all improvements or alterations made or to be made thereon from loss or damage by fire in the joint names of the lessors and lessees in the Sun Insurance Office or in some other well-established office to be approved of by the lessors in the sum of two thousand pounds at least, and will pay all premiums and sums of money necessary for that purpose, and will, whenever required, produce to the lessors, their heirs and assigns, or other the person or persons from time to time entitled to the reversion of the said premises expectant on the term hereby granted the policy of such insurance and the receipt for every such payment, and will cause all moneys received by virtue of any such insurance to be forthwith laid out in re-building or reinstating the said premises, and, if the moneys so received shall be insufficient for the purpose, will pay the deficiency out of their own moneys,And the said lessors do hereby for themselves, their heirs and assigns, or other the person or persons for the time being entitled to the reversion of the said premises expectant on the term hereby granted, covenant, promise and agree to and with the said lessees, their successors and assigns, that they, the said lessees, their successors and assigns, paying the said reserved yearly rent and performing the covenants hereinbefore mentioned shall and may peaceably and quietly have, hold and enjoy the said demised premises with the appurtenances during the term hereby granted without any let, hindrance, interruption, or disturbance of the said lessors, their heirs or assigns, or other the person or persons...