Section 38 of The Land Law (Ireland) Act, 1896, and Proceeds of The Sales of The Holdings of John Dwyer

JurisdictionIreland
CourtLand Commission (Ireland)
Judgment Date27 July 1900
Date27 July 1900

Land Com.

Before Ross, J.

IN THE MATTER OF SECTION 38 OF THE LAND LAW (IRELAND) ACT, 1896, AND PROCEEDS OF THE SALES OF THE HOLDINGS OF JOHN DWYER

Clarke v. RamuzELR [1891] 2 Q. B. 456.

Earl of Egmont y. SmithUNK 6Ch. D. 469.

Phillips v. SilvesterELR L. R. 8 Ch. 173.

Royal Bristol Permanent Building Society v. BomashELR 35 Ch. D. 390.

Landlord and tenant —— Sale of holding by Land Commission — Liability for dilapidations before purchaser is put into possession.

VoL. I.] CHANCERY DIVISION. 165 consent is prohibited ; and it is to be followed by a sale to one Madden, J. owner, either by act of the parties or by exercise of the power of 1900. sale vested in the Commissioners by sub-section 1 (b). No othero In re L ETTICEEW. state of things is contemplated, and yet if the construction which has been suggested of sub-section 1 (d) were adopted, it would only be necessary to conceal from the Land Commission for the space of one year the death of the proprietor who had subdivided his holding by his will ; and the subdivision, although avoided by the statute, would be nevertheless indefeasible, inasmuch as the Land Commission would have lost their only remedy—their power of sale. It appears to me that a reasonable construction can be given to sub-section 1 (d) in accordance with the remaining proÂvisions of the section. I am of opinion that the Land Commission are in a position to make a good title to the applicant, and that he should be registered as owner of the holding. Solicitor for the Irish Land Commission : Alexander. W. C. S. IN THE MATTER OF SECTION 38 OF THE LAND LAW Land Com. (IRELAND) ACT, 1896, AND PROCEEDS OF THE SALES 1900. OF THE HOLDINGS OF JOHN DWYER (1). July 27. Landlord and tenant — Land Purchase Acts — Sale of holding by Land Commission— Liability for dilapidations before purchaser is put into possession. The Land Commission sold a holding, purchased under the Purchase of Land Acts, on default being made by the tenant in payment of the instalÂments. Before the purchaser was put into possession the tenant-purchaser committed dilapidations on the holding to a considerable extent : Held, that the purchaser had a lien on the purchase money for the difference between the value of the holding when he purchased it and its value after the dilapidations. ALLOCATION, before Ross, J., sitting for Meredith, J. John Corboy was placed first on the schedule for £138 9s. 6d. compen (1) Before Ross, J. 166 THE IRISH REPORTS...

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2 cases
  • Connolly v Keating (No. 2)
    • Ireland
    • Chancery Division (Ireland)
    • 5 May 1903
    ...Land Commission v. MaquayUNK 28 L. R. Ir. 342. Palmer v. JohnsonELR 13 Q. B. D. 351. Phelps v. WhiteUNK 7 L. R. Ir. 160. Re dwyerIR [1901] 1 I. R. 165. Thomas v. PowellENR 2 Cox, 394. Turner and SkeltonELR 13 Ch. D. 130. Wilson and StevensELR [1894] 3 Ch. 546. Young and HarstonELR 31 Ch. D.......
  • Re Estate of the Irish Land Commission (formerly Tyrrell's Estate)
    • Ireland
    • High Court
    • 8 February 1938
    ...application, but I shall direct the allocation to be stayed for three weeks to permit the Land Commission to consider the position. (1) [1901] 1 I. R. 165. (2) Sect. 4 of the Land Bond Act, 1925, is as 4.—The Principal Act [the Land Act, 1923] shall be construed and have effect and be deeme......

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