The Estate of George A. E. Hickson

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 24 April 1911
• Court: Court of Appeal (Ireland)
• Date: 24 April 1911

In the Matter of the Estate of George A, E. Hickson.

Ross, J.

Appeal.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1911.

Land purchase — Bonus — Insolvent estate — Absolute order for sale — Dismissal of petition — Irish Land Act, 1903 (3 Edw. 7, c. 37), sect. 48 (4).

An absolute order for the sale of an insolvent estate was made by the Land Judge on the owner's petition in the year 1887. In 1891, by an order of the Land Judge, the owner was given liberty to sell to the tenants through the Irish Land Commission, provided the incumbrancers did not object to such sales, the petitioner having carriage (i.e. the owner) undertaking to apply to have the petition dismissed so soon as vesting orders were made vesting the holdings in the tenants. The lands were sold to the tenants under the Irish Land Act, 1903, after the passing of that Act. The order dismissing the petition was not made until 1910.

Held, by Boss, J., that the order of 1891 was in effect a conditional order for the dismissal of the petition, that the order for sale was not in force at the date of the passing of the Irish Land Act, 1903, and that the bonus was therefore payable and should be added to the purchase-money.

Held, by the Court of Appeal, that the order for sale was in force up to the order dismissing the petition in 1910; that “so circumstanced” in the second branch of sub-section (4) of section 48 in the Irish Land Act, 1903, means “which is insolvent,” and that accordingly in the present case no bonus was payable.

Question arising on allocation.

In the year 1886 the owner of the estate for sale in this matter presented a petition in the Land Judge's Court for the sale of, amongst others, the lands sold in this matter. On 20th January, 1887, an absolute order for sale of the lands was made by the land Judge. On 2nd June, 1891, an order was made by the Land Judge in the following terms:—“It is ordered by the Court that the owner in this matter be at liberty to carry out, through the Land Commission, the sales under the provisions of the Purchase of Land (Ireland) Acts, already agreed on, or hereafter to be agreed on, between said owner and tenants on the estate for sale in this matter, and that the guarantee deposits in respect of such sales required by the Land Commission be retained out of the purchase-moneys, provided, however, that the incumbrancers on this estate shall not object in the Court of the Irish Land Commission to such sales being carried out, the solicitors having carriage of such...