Re Borrisokane Rural District Council; ex parte Higginbotham and Others

• Jurisdiction: Ireland
• Judge: Barton, J.
• Judgment Date: 23 June 1914
• Court: Chancery Division (Ireland)
• Date: 23 June 1914

In re Borrisokane Rural District Council;

Ex Parte Higginbotham and Others.

Barton, J.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1914.

Local Government — Labourers Acts — Compulsory acquisition of Land — Interest on compensation — Debt payable out of the poor rate — Limited time for payment — Debt not recoverable — Local Government (Ireland) Act, 1898 (61 & 62 Vict. c. 37), s. 51, sub-s. 7 — Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70), Schedule II, Art. 24.

Held, that the claim for interest was a “debt, claim, or demand” which was directly or indirectly payable out of the poor rate, and not having been paid within the half year in which it became due or within three months afterwards, and no legal proceedings having been commenced within that time, it was barred by sect. 51, sub-s. 7, of the Local Government (Ireland) Act, 1898.

Petition.

The petitioners were the owners of the Clarke estate, portion of which was situate in the Borrisokane rural district. By the Borrisokane Rural District Labourers Order, 1905, the Borrisokane rural district council was authorized to acquire three plots of land on this estate for the purposes of the Labourers (Ireland) Acts. The arbitrator awarded the sum of £56 15s. 6d. as compensation to the owners of the estate for their interest in the lands by award dated 4th June, 1906. The council went into possession of these plots on the 1st January, 1907, the owners not objecting. By a subsequent Order, viz., the Borrisokane Rural District Labourers Order, 1908, the council was authorized to take seven more plots on this estate, and the arbitrator awarded the owners the sum of £606 10s. This award was dated 15th October, 1908. The council went into possession of these plots on 1st April, 1909, the owners not objecting. A difficulty arose about the title, an action being pending in the Chancery Division in England in connexion with the estate, in which a receiver had been appointed. Considerable delay occurred, and ultimately on the 1st August, 1913, the council lodged in Court the total amount of the compensation awarded. On the 10th February, 1914, a summary petition was presented by the owners of the estate under Article 23 of the second schedule of the Housing of the Working Classes Act, 1890, claiming (1) a declaration that the council was liable to pay to the petitioners interest on the purchase-moneys of the said parcels of land at the rate of £5 per cent. per annum as from the respective dates on which the council entered into possession to the date of the lodgment of the said purchase-moneys in Court, and that if necessary a reference to Chambers might be directed to take an account of such interest, and that the said council should lodge the said interest in Court, or otherwise pay or apply the same...