The Estate of Richard Warneford Boyle, Owner ; Rosabel Fleuss, Petitioner

• Jurisdiction: Ireland
• Judgment Date: 22 February 1909
• Date: 22 February 1909
• Court: Chancery Division (Ireland)

In the Matter of the Estate of Richard Warne-Ford Boyle, Owner; Rosabel Fleuss, Petitioner.

Ross, J.

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.

1909.

Land Purchase Acts — Sale of estate to tenants by Land Judge — Bonus under Irish Land Act, 1903 (3 Edw. 7, c. 37), s. 48.

Held, that the sale was not a sale of an estate under the Act of 1903 within the meaning of section 48 (1) of the Act of 1903, and that the bonus or percentage mentioned in the said section was not payable in respect of such sale.

Final Schedule of Incumbrances.

Application by the owners for a declaration that the vendors were entitled to the bonus or percentage from the Land Purchase Fund in respect of the estate sold in the matter.

The estate was sold by the Land Judge to the tenants under form 34_A, each tenant in occupation of his holding agreeing to purchase his holding from the Land Judge, provided the Land Commission should make the advance applied for. The advances to the tenants were made in money, in the manner provided by section 27 of the Irish Land Act, 1903; but the Estates Commissioners had not declared the estate fit to be regarded as a separate estate for the provisions of the Act.

Neither section 40 of the Land Act of 1896 nor section 48 (4) applied to the estate, the owners having a substantial interest in the estate, and no receiver having been appointed over it.

W. M. Jellett, K.C., for the owners having carriage of the sale:—

It is suggested that where an estate is sold to tenants by the Land Judge the bonus cannot be obtained unless proceedings are taken under section 7 of the Land Act, 1903. The argument goes on the meaning of the word “estate” in section 48 (1). The word “estate” is used in different significations throughout the Act. In section 48 (4) it means the interest of the owner in the lands: In re Carroll's Estate(1). It is used with different meanings throughout section 7: In re Madden's Estate(2); In re Holmes's Estate(3); In re Howlin's Estate(4). In section 48 (1) the word “estates” means estates in every sense, and includes all estates sold under the Act. The present sale has been carried through by means of advances of cash as provided by section 27 of the Act of 1903, and not by means of a guaranteed land stock. Section 48 contemplates the bonus being payable in respect of sales in the Land Judge's Court, and does not...