The Estate of The Master and Keepers or Wardens and Commonalty of The Mystery or Art of The Brewers of The City of London, Vendors of Land

• Jurisdiction: Ireland
• Judgment Date: 06 May 1893
• Court: Court for Crown Cases Reserved (Ireland)
• Date: 06 May 1893

Land Com.

IN THE MATTER OF THE ESTATE OF THE MASTER AND KEEPERS OR WARDENS AND COMMONALTY OF THE MYSTERY OR ART OF THE BREWERS OF THE CITY OF LONDON, VENDORS OF LAND.

Pooley v. Bosanquet 7 Ch. Div. 541.

Clutton v. Lee Ibid. note.

— Payment of advances into Bank — Chancery action to have trusts declared of lands — Registration as lis pendens — Payment out to vendors —, 1887 (50 & Vict. 33), sect. 14 —

VOL. XX XII.] Q. B. & EX. DIVISIONS. 479 in the agricultural or pastoral land only. Possibly, too, if Wall Appeal. had not collected any tolls for a number of years, they might be 1893. treated as having dropped out of the tenancy altogether. But no Tenant ; WALL, such case can be made here. The tenant has been collecting the EYRE, tolls, and though he seems to have been far from vigorous in Landlord. getting them in, at least since he thought of serving an originating FitzGibbon, L. notice, they have by no means ceased to exist. In my opinion, in deciding whether the Court has jurisdiction, we cannot apply the maxim de minima non curat lex, unless the :minimum is so small that we can treat it as non-existent ; and having no jurisdiction to deal with these tolls, the Land CommisÂsion cannot deal at all with the holding of which they form an appreciable and integral part. BARRY, L.J., concurred. Solicitor for the appellant : Buggy. Solicitor for the respondent : Kennedy. G. Y. D. IN THE MATTER OF THE ESTATE OF THE MASTER AND Land Com. KEEPERS OR WARDENS AND COMMONALTY OF THE 1893. MYSTERY OR ART OF THE BREWERS OF THE CITY May 6. OF LONDON, VENDORS OF LAND. Sales under Land Purchase Acts-Payment of advances into Bank-Chancery action to have trusts declared of lands-Registration as lis pendens-PayÂment out to vendors-Land Law (Ireland) Act, 1887 (50 & 51 Vict. 33), sect. 14-Judgment Mortgage Act (13 & 14 Vict. c. 29), sect. 5. In 1890 and 1891 the Brewers' Company of London agreed to sell lands to tenants under the Land Purchase Acts. Advances were sanctioned by the ;And Commission on the 22nd June, 1892, and on the 9th March, 1893, an order was made under section 14 of the Land Law (Ireland) Act, 1887, for payment of the advances into Bank. On the 17th March, 1893, an action brought by the Attorney-General, at the relation of J., against the Irish Society and a number of London Companies, including the Brewers' Company, claiming a declaration that the defendants were trustees of their estates for the objects of the Planta 480 LAW REPORTS (IRELAND). [L. R. I. Land Com, tion of Ulster, was registered as a lis pendens. On motion by the vendors for 1893. payment out to them of the funds to the credit of the matter, notwithstanding In...