The Estate of Sir James Henry Stronge, Baronet

• Jurisdiction: Ireland
• Judge: Meredith, J.
• Judgment Date: 10 July 1906
• Court: Chancery Division (Ireland)
• Date: 10 July 1906

In the Matter of the Estate of Sir James Henry Stronge, Baronet.

Meredith, 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.

1906.

Land Purchase Acts — Apportionment and redemption — Fixing of redemption price — Security — Personal covenant by original grantee to pay the rent.

Where, in Land Purchase proceedings, an order has been made for the apportionment of a head-rent as between the lands sold and the other lands liable thereto, and for the redemption of the sum apportioned on the lands sold, in estimating the security for the purpose of fixing the redemption-price the Court will treat the sum to be redeemed as a separate rent issuing out of the particular lands on which it has been apportioned.

The personal covenant by the original grantee to pay the rent, if of appreciable value, is an element to be taken into consideration in fixing the redemption price.

Application for an order fixing the redemption price to be paid by the vendor to the Provost, Fellows, and Scholars of Trinity College, Dublin, in respect of the apportioned rent of £188 10s., as fixed by order dated 29th November, 1904 (as amended pursuant to a subsequent order dated 17th May, 1906), on the lands sold in this matter, and arising under a grant in

perpetuity, dated 30th April, 1856, and made between the Provost, Fellows, and Scholars of Trinity College, Dublin, of the one part, and Sir James Matthew Stronge, Bart., of the other part, whereby the lands mentioned in the said grant were granted subject to the yearly rent of £591 6s. 1d., variable as therein; and also for the redemption price of the reservations in the said grant of all mines, minerals, and quarries of slate or marble, and all woods and underwoods then growing, renewing, standing, or being in or upon the premises, or any part thereof, save such as had been registered pursuant to the several statutes in that case made and provided; also for an order fixing the redemption price to be paid by the vendor to the said Provost, Fellows, and Scholars of Trinity College, Dublin, in respect of the apportioned rent of £150 2s. 7d., as fixed by order dated 29th November, 1904, on the lands sold in this matter and arising under a grant in perpetuity dated 30th April, 1856, and made between the Provost, Fellows, and Scholars of Trinity College, Dublin, of the one part, and Sir James Matthew Stronge of the other part, whereby the lands mentioned in the said grants were granted, subject to the yearly rent of £610 1s. 5¹/₂d., variable as therein; and also for the redemption price of the reservations in the said grant of all mines, minerals, and quarries of slate or marble, and all woods or underwoods then growing, renewing, standing, or being in or upon the premises, or any part thereof, save such as had been registered pursuant to the several statutes in that case made and provided.

By grant in perpetuity dated 30th April, 1856, and made between the Provost, Fellows, and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth, near Dublin, of the one part, and Sir James Matthew Stronge, Bart., of the other part, in pursuance of the Trinity College, Dublin, Leasing and Perpetuity Act, 1851, certain lands therein described as “all that and those the towns and lands following—that is to say, the towns and lands of Magravatt, Knatas, Magnoeney, and Dorton, situate...