Re The Kilworth Rifle Range and The Defence Acts, 1842 to 1873, and The Ranges Act, 1891. H. M. Principal Secretary of State for War v The Countess of Kingston

• Jurisdiction: Ireland
• Judgment Date: 09 November 1897
• Date: 09 November 1897
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before PALLES, C.B., and O'BRIEN and JOHNSON, JJ.

IN RE THE KILWORTH RIFLE RANGE AND THE DEFENCE ACTS, 1842 TO 1873, AND THE RANGES ACT, 1891. H. M. PRINCIPAL SECRETARY OF STATE FOR WAR

and

THE COUNTESS OF KINGSTON.

Ayr Harbour Trustees v. OswaldELR 8 App. Cas. 623.

Bidder v. N. Staffordshire Railway CompanyELR 4 Q. B. D. 412.

Byles & Ipswich Dock CommissionersENR 11 Exch. 464.

Ex parte CareyUNK 10 L. T. (O. S.) 37.

Harvey v. HarkinIR [1898] 2 I. R. 65.

M'Sheffry v. DohertyIR [1897] 2 I. R. 191, 210.

Re London Street, &c., Railway Act, 1881UNK 57 L. T. (N. S.) 673.

Reg. (Moore) v. AbbottUNK [1897] 2 Ir. R. 362.

Sharpe v. Metropolitan District Railway CompanyELR 4 Q. B. D. 645.

Stebbing v. Metropolitan Board of WorksELR L. R. 6 Q. B. 37, 43.

— Lands Clauses Consolidation Acts — Assessment of compensation for lands compulsorily acquired — "Interest" of land owner — Arrears of rent due — "Incumbrance" — Costs of prior abortive arbitration.

Vol,. II.] QUEEN'S BENCH DIVISION. 305 IN RE THE KILWORTH RIFLE RANGE AND THE DE- Q. B. Div. FENCE ACTS, 1842 TO 1873, AND THE RANGES ACT, 1897. 1891. H. M. PRINCIPAL SECRETARY OF STATE Nov. FOR WAR v. THE COUNTESS OF KINGSTON (1). The Defence Acts, 1842 to 1873—Lands Clauses Consolidation Acts—AssessÂment of compensation for lands compulsorily acquired—" Interest" of land owner—Arrears of rent due—" Incumbrance"—Costs of prior abortive arbitration. Arbitrators appointed under the Lands Clauses Consolidation Acts for the purpose of assessing compensation to be paid for lands compulsorily taken for the defence of the realm, held, not to be entitled, in assessing the value of the owner's (or reversioner's) interest, to take into account the existence of arrears of rent, due by lessees or tenants, which that taking rendered irrecoverable ; nor entitled to award to the owner, as part of the costs of the arbitration, costs of a prior abortive arbitration purporting to be held under the Railways (Ireland) Acts. SPECIAL CASE, stated for the opinion of the Queen's Bench Division, in and as part of his award, by an umpire appointed under the Lands Clauses Consolidation Act, 1845, in the above matter. On the 16th February, 1895, the Secretary of State for War gave notice to the present applicant (the Dowager Countess of Kingston), and to the other interested parties, that he required certain lands (the " Kilworth Rifle Range ") for the public service, and offered £3968 7s. 5d. for the absolute purchase of same, not, however, offering any specific sum for the applicant's interest therein, as owner of the fee ; he also gave notice that, in case of non-acceptance of this offer, the necessary steps would be taken under the Defence Acts, 1842 to 1873, for obtaining immediate possession thereof, and that he would require that the compensation for the premises should be settled by arbitration, pursuant to section 11 of the Ranges Act, 1891, and not by reference to a (1) Before PALLES, C.B., and O'Bnizx and JOHNSON, JJ. 1899—VOL. II. Z 306 THE IRISH REPORTS. [1899. Q. B. Div. jury ; and further, that he would take all necessary steps to have 1897. an arbitrator appointed pursuant to the statutory powers in that /n re behalf to determine...