The Achaia (Note)

CourtHouse of Lords (Ireland)
Judgment Date01 Jan 1920

[House of Lords.]

H. L.

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

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.

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 to enter judgment for the plaintiff for £7 2s. 1d. with costs of the claim, and to do therein as shall be just and consistent with this judgment. And it is also further ordered that the respondent do pay or cause to be...

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2 cases
  • Moore v Davy
    • Ireland
    • Supreme Court (Irish Free State)
    • 13 October 1928
    ...though his contract to pay the rates may be void in law according to the decision of the House of Lords in Bradshaw v. M'Mullan, [1920] 2 I.R. 490. So held by the Supreme Court. A tenant held certain premises under a yearly tenancy at a rent of £22 a year, the landlord undertaking to pay th......
  • Keating and Fitzpatrick v Turner
    • Ireland
    • Supreme Court
    • 1 March 1953
    ...412. (4) [1928] 1 K. B. 766. (5) [1898] A. C. 735, at p. 741. (1) [1898] A. C. 735, at p. 741. (1) [1920] 2 I. R. 412, at p. 417. (1) [1920] 2 I. R. 490. (S.C.) Keating and Fitzpatrick and Turner Covenant by lessor to pay and discharge all existing and future rates, taxes and assessments in......

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