The Achaia (Note)

• Jurisdiction: Ireland
• Judgment Date: 01 January 1920
• Date: 01 January 1920
• Court: House of Lords (Ireland)

Royal Com. of Wheat Supplies v. Usher & Co.

BRADSHAW

and

M'MULLAN

[House of Lords.]

H. L.

Landlord and tenant - Rates - Lease at a rent "including rates and taxes" - Deduction - Poor rate proper - Items raised by means of poor rate - Local Government (Ireland) Act, 1898 (61 & 62 Vict. c. 37), sect. 52, sub-s. 2.

The decision of the House of Lords (ante, p. 412) confined by their order to poor rate proper.

On the settlement in Committee of the Order, the question was raised whether the decision of the House should not be confined to poor rate proper, i.e. not including police rate, bridge rate, &c. (1),and the following is the curial part of the order drawn up, the sum of £7 2s. 1d. therein mentioned being poor rate proper, and not including any such items as aforesaid.

It is ordered and adjudged by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled that the said order of His Majesty's Court of Appeal in Ireland of the 22nd day of January, 1919, complained of in the said appeal be and the same is hereby reversed; and it is further ordered that the judgment of the Lord Chief Justice of Ireland of the 14th day of January, 1918, be and the same is hereby restored in so far as it decides that the respondent is not entitled to deduct the poor rate from his rent under sect. 52 of the Local Government (Ireland) Act, 1898; and it is further ordered that the cause be and the same is hereby remitted back to the King's Bench Division of the High Court of Justice in Ireland with an instruction...