O'Neill v McCoy and Lyons

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: Supreme Court

(H.C., S.C.),

O'Neill

and

McCoy and Lyons

- "Small dwelling" - Notice to be served by rate collector on owner of small dwelling who is not beneficially entitled - Notice restraining owner from paying rent to beneficiaries until rates discharged - Form of notice - Form prescribed by Public Bodies Order, 1929 - Form served on owner not following form prescribed -Validity of notice - Definition of "owner" -Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), s. 4 (3) and (7), s. 5 (2) (a); Public Bodies Order, 1925 (Stat. R. Or., 1925, No. 46), Art. 3; Public Bodies Order, 1929 (Stat. R. Or., 1929, No. 43), Arts. 1 and10.

The Local Government (Rates on Small Dwellings) Act, 1928, s. 5, sub-s. (2) (a) provides: —"Whenever a rate is made by virtue of this Act on the owner of a small dwelling and such owner is not beneficially entitled to such small dwelling and such rate is in arrear and unpaid for whichever of the following periods is the longer, that is to say, four months from the making of such rate or three months from the furnishing in accordance with this Act to such owner of particulars of such rate, the following provisions shall apply and have effect, that is to say (a) it shall be lawful for the rate collector by whom such rate is collectable to serve either personally or by post on such owner a notice restraining him for so long as any part of such rate remains unpaid from paying to the person beneficially entitled to such small dwelling any rents or profits received (whether before or after the service of such notice) by such owner out of or in respect of such small dwelling."Art. 10 of the Public Bodies Order, 1929, provides that that Article is to apply to every notice served by a collector of rates in pursuance of par. (a) of sub-s. 2 of s. 5 of the above Act of 1928 and "every notice to which this Article applies shall be in Form 60A in the second part of the Schedule to this Order." A rate collector served notices upon the agent for the plaintiff...