Richard Lane Warren, Lessor; Joseph Richardson, Lessee

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 01 April 1892
• Date: 01 April 1892

Land Com.

Before BEWLEY, J., and FITZ GERALD and LYNCH, Commissioners.

RICHARD LANE WARREN, LESSOR;

JOSEPH RICHARDSON, LESSEE

— Determination of amount of redemption price by Land Commission — "Full agricultural rent " — Meaning of words "regard being had to the adequancy of the security.")

VOL. XXX.] Q. B. & EL DIVISIONS. 639 no final opinion, as the evidence is not very clear. 1892. The third objection is also, I think, good. Upon the last I express Q. B. Div. THE_QUEEN MADDEN, J., concurred. JUSTICES OF WICKLOW. Solicitor for defendants : A. Lanphier. Solicitor for complainant : G. Hill Major. A. R. R. RICHARD LANE WARREN, LESSOR ; JOSEPH Land Com. RICHARDSON, LESSEE (1). 1892. March 7. Redemption of .Rent (Ireland) Act, 1891 (54 4. 55 Viet. c. 57, 88. 1, 2-Deter April 1. mination of amount of redemption price by Land Commission-" Full agricultural rent "-Meaning of words " regard being had to the adequacy of the security." The words "regard being had to the adequacy of the security" in the ReÂdemption of Rent Act, 1891, s. 1, refer to the security for the rent, and not to security for an advance by the Land Commission ; and the effect of the clause in section 1 of the Act is that, though the Land Commission are to determine the price in like manner as if it were a head-rent under the Land Law (Ireland) Act, 1887, s. 16, they are not to treat it necessarily as a mere head-rent, but are to see how far it is secured, and to regulate the price accordingly. If the rent to be redeemed is in excess of the full agricultural rent of the holding (i e. of its full letting value), it cannot be regarded as a perfectly well-secured rent, and the redemption price cannot be as large as it would be if the actual rent,and the full agricultural rent were identical. THIS was an appeal pursuant to sect. 29 of the Land Purchase (Ireland) Act, 1891 (54 & 55 Viet. c. 48) from an order of Mr. Commissioner MacCarthy, made on the 22nd December, 1891, fixing the amount to be paid for the redemption of the rent of the tenant's holding. Joseph Richardson being tenant of certain lands in the County of Cork, held under a lease, dated the 3rd June, 1871, from Richard J. Lane Warren to Thomas Browning and Edwin Browning, for a term of 999 years, at the yearly rent (1) Before BEWLEY, J., and Ern GERALD and LYNCH, Commissioners. 00 LAW REPORTS (IRELAND). [L. It. I, Land Cont. of £150, applied pursuant to the provisions of the Redemption of 1892. Rent (Ireland) Act, 1891, sect. 1, to redeem his rent, and the land WARREN lord having signified his consent in manner prescribed by the rules RICHARDSON. made under the Act, the matter came before Mr. Commissioner Mac Carthy to ascertain the amount of the redemption money to be paid to the landlord. The Commissioner fixed the amount at £2,200. The landlord appealed. The facts of the case are stated in the judgment of Bewley, J., and also in the report of the proceedings before Mr. Commissioner MacCarthy (1), and may be summarised as follows :-The lands were about three miles from the City of Cork, and contained 96A. 2a. 32r., the Poor Law Valuation being £103. Previous to the making of the lease, Richard Lane Warren, the...