Nugent's Estate

• Jurisdiction: Ireland
• Judgment Date: 20 March 1924
• Date: 20 March 1924
• Court: Land Commission (Ireland)

Land Comm., S. C.,

In re Nugent's Estate

Whether lands subject to provisions of the Land Act, 1923 -Holding occupied in connection with demesne -Practice - Appeal - Time for appeal - Land Act, 1923 (No. 42 of 1923), s. 24 (2) (c) (8) - R. S. C., 1905, Or. LVIII., r. 15.

The time within which an appeal must be brought under s. 24 (8) of the Land Act 1923, from an order of the Judicial Commissioner, refusing a declaration that a tenancy in certain lands is subject to the provisions of the Land Act, 1923, is regulated by Or. LVIII., r. 15, of the Rules of the Supreme Court, 1905, and not by any rule of the Land Commission. Sub-section 1 of s. 24 of the Land Act, 1923, provides for the vesting of lands in the Land Commission on the appointed day, but the sub-section is not to apply (by (2) (c)) to "any parcel of untenanted land which is a demesne . . . or any holding usually occupied by a person in connection with such demesne." It was contended on behalf of a tenant that lands adjoining demesne lands, held under a contract of tenancy, had become part of the demesne, and also that the lands were tenanted demesne, and that, therefore, the lands were excluded from (2) (c):—Held, that the...