The Evicted Tenants (Ireland) Act, 1907, and The Estate of Thomas St. John Grant, The Supposed Owner of Lands

• Jurisdiction: Ireland
• Judge: Appeal.
• Judgment Date: 05 May 1913
• Court: Court of Appeal (Ireland)
• Date: 05 May 1913

In the Matter of the Evicted Tenants (Ireland) Act, 1907, and the Estate of Thomas St. John Grant, the Supposed Owner of Lands.

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.

1913.

Compulsory purchase — Evicted Tenants (Ireland) Act, 1907 — Price — Estates Commissioners — Offer — Section 2, sub-section 4 — Bonus.

In estimating the amount to be offered under the Evicted Tenants (Ireland) Act, 1907, for the compulsory acquisition of lands, the bonus which may possibly be payable in respect of the sale is not to be taken into consideration.

Appeal (by leave of Mr. Justice Wylie) from an order of his Lordship, sitting as Judicial Commissioner, dated the 4th February, 1913, on the following question of law:— “That the Judge, in estimating the price to be paid by the Estates Commissioners for the purchase of the lands to be acquired in this matter, was wrong in taking into consideration the fact that the vendor would obtain the percentage payable under section 48 of the Irish Land Act, 1903, in addition to the purchase price offered by the Estates Commissioners.”

The curial part of the order appealed against was as follows:—

“Whereas the owner, being aggrieved by the determination of the Estates Commissioners as to the price of the lands proposed to be compulsorily acquired under the provisions of the said Act” (i.e., Evicted Tenants (Ireland) Act, 1907, mentioned in title of matter), “appealed therefrom to the Judicial Commissioner, where-upon and on reading, &c., and hearing, &c., the Court doth dismiss the said appeal.”

The Estates Commissioners were proceeding in the present matter to acquire compulsorily the estate of the owner in the lands of Inchinhanna west, in the Co. Waterford, containing 63a 1r. 25p., all in owner's possession, poor law valuation being £63 10s. There was no question as to the regularity of the Commissioners' proceedings, the only difference being with regard to price.The owner's valuers estimated the price at £1900 cash. The Estates Commissioners, on the 15th October, 1912, offered £1222, and subsequently on the 23rd December, 1912, £1350 payable in Guaranteed 3 per cent. Stock, equal in nominal value thereto. The vendor, being still dissatisfied, appealed to the Judicial Commissioner, with the result above stated.

Counsel for the owner, in opening the present appeal, alleged that Wylie, J., had acted on an erroneous principle in taking the bonus into consideration in fixing the price.

By direction of the Court of Appeal the Registrar wrote the following letter of inquiry:—

“His Majesty's Court Of Appeal In Ireland.

“28th April, 1913.

“Estate Of T. St. John Grant.

“My dear Mr. Justice Wylie,

“With reference to an appeal from an order of the Irish Land Commission in the above matter, dated 4th February, 1913, which is at hearing before the Court of Appeal, I have been directed by the Court to write to your Lordship in order to ascertain:—

“I. Whether the Judicial Commissioner, or the Estates Commissioners, took into account, in fixing the purchase price, the fact that a percentage under section 48 of the Land Act, 1903, would be payable in respect of the sale?

“II. If so, at what amount they assumed that such percentage would be fixed?

“III. How much, if any, they deducted from the purchase price in respect thereof?

“The Court of Appeal deemed it preferable to drawing up a formal order that I should communicate with your Lordship by letter.

“I am, my Lord,

“Yours faithfully,

“R. C. de Versan.

“Rt. Hon...