Trustees of Simpson, Landlords; Farley and Others, Tenants

• Jurisdiction: Ireland
• Judgment Date: 13 November 1900
• Date: 13 November 1900
• Court: Court of Appeal (Ireland)

TRUSTEES OF SIMPSON,

LANDLORDS;

FARLEY AND OTHERS,

TENANTS.

Appeal.

Landlord and tenant —— Character of holding — Demesne lands — "Lands which when first demised were demesne" — "Intended to be preserved or resumed as demesne" —

Mansfield v. CongreveIR [1895] 2 I. R. 425.

Riggs v. O'Brien Unreported.

The Duke of AbercornUNK Unreported, 26 April, 1894.

418 THE IRISH REPORTS. [1901. Appeal. TRUSTEES OF SIMPSON, LANDLORDS ; FARLEY AND 1900. OTHERS, TENANTS (1). Nov. 12, 13. Landlord and tenant—Land Law (Ireland) Acts, 1881-1896—Character of holding — Demesne lands — " Lands which when first demised were demesne"—" Intended to be preserved or resumed as demesne"—Land Law (Ireland) Act, 1896, s. 5, (1), (b), (ii.). In the year 1873 P. S., who was tenant for life of an estate including a mansion house and demesne where he resided, made lettings to farmers of portions of the demesne in consideration of fines in addition to the yearly rents reserved. Shortly afterwards he auctioned his effects and ceased to reside on the property. On his death he was succeeded by C. S., who was owner in fee-simple of the property. C. S. adopted the tenancies so created by P. S., and took the rent from the tenants. C. S. never resided on the property ; and he put a caretaker into the mansion-house, and by his will devised the estate to trustees to sell. The holdings let by P. S. were situated inside the ambit of the demesne ; two of them adjoining the mansion-house had no buildings on them; the third comprised two acres of woodland out of an entire area of 48 acres. Two of the holdings were suitably used for agricultural and pastoral purposes : one of them was unsuitably used as a meadow, and was overmeadowed. The mansion house was at the hearing before the Land Commission in a deteriorated condition and the demesne neglected and uncared for. Held, that the period when these holdings were " first demised" within the meaning of sect. 5 (5) ii. of the Land Law Act, 1896, was when C. S. came into possession of the estate as owner in fee-simple and adopted as his tenants the tenants to whom P. S. had made the lettings. Held also, that the circumstances of the case did not show that the holdings were " intended to be preserved as demesne or resumed as demesne by the landlord," and that the tenants were entitled to fix fair rents in respect of their holdings. APPEALS from the decision of the Irish Land Commission reversing the decision of the Sub-Commissioners and dismissing the originating notices served by the three tenants on the ground, that their holdings were demesne land. David Farley's holding consisted of 48A. OR. 27p. statute measure, of which 16A. 3R. 20r. Irish measure were let to the (1) Before LORD ASH-BOURNE, C., FITZGD3BON, WALKER, and HOLMES, L.J.J. tenant in 1873, as yearly tenant, at the rent of £25 4s., and the Appeal. residue of the holding containing 10A. Ox. 20p. Irish measure, was 1900. let to the tenant in 1874 as yearly tenant at the yearly rent of 25s. TRUSTEES °F Q oIlICPSON, per Irish acre. Both lettings were made by Pierce Simpson the Landlords ; then owner of the estate, and after the second letting the entire FA0ITHEYERAsND take was treated as one tenancy and holding at the rent of Tenants. £35 17s. ld. Pierce Simpson who made the lettings was tenant for life of the estate which comprised a good deal of property in Leitrim and other counties ; a portion of this estate was known as Clongorrick Castle and Demesne, and consisted of 231A. 2R. 35P. of the lands of Clongorrick, and 14A. 2R. 35P, of the adjoining lands of Keavey. In 1873 a poster was issued by Pierce Simpson announcing that portion of the lands of Clongorrick (consisting of 71 Irish acres) would be let by auction in certain lots at 25s. per statute acre, the purchasers to have leases for 21 years, or for one life at their option. Whether the lands were called in the poster " the lands of Clongorrick " or "Clongorrick Demesne " did not appear, as the poster produced by the tenant was mutilated. At the auction David Farley purchased the first portion of the holding for £200, and received the following receipt signed by the agent and receiver who also appears to have been the auctioneer :Â"Received from Mr. David Farley for Pierce Simpson, Esq., the sum of £200 sterling, for the tenant right of the farm in ClongorÂrick, Co. Leitrim, the property of Pierce Simpson, Esq., subject to the yearly rent of £25 4s., containing 16A. 3R. 20p., be the same more or less, Irish measure, rent to commence from 29th March, 1873, payable in half-yearly payments. Total amount £200. 21 April, 1873, credited by deposit £40 ; May 25, 1873, credited by cash, £160. (Signed), D. H. Crawford, Auctioneer." In 1874 the tenant took the remaining portion of the holding from the agent, paying £40, and getting the following receipt :—" Received from Mr. David Farley for Pierce Simpson, Esq., the sum of £40 for farm of land in Clongorrick, the property of Pierce Simpson, Esq., containing HA. OR. 20p. Irish, subject to the yearly rent of £1 5s. per acre, Irish, rent to commence on 25th March, 1874, payable half-yearly. (Signed), D. H. Crawford, agent for the receiver, for Pierce Simpson, Esq., the above landlord." No lease was taken out, and the tenant apparently went into possession as 420 THE IRISH REPORTS. [1901. Appeal. yearly tenant. There was an old house on the holding when the 1900. tenant purchased, and there was some evidence that the holding or TRU:41'ES OF portion of it...