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DECEMBER, 1911J
The Gazette of the Incorporated Law Society of Ireland.
69
asking advance of whole purchase money—
New agreement providing for lodgment in
cash\by tenant
—
How to be
financed—
Bonus.
THIS was an appeal from a judgment of
Wylie, J., answering questions of law sub
mitted to him by the Estates Commissioners,
under Section 23 of the Irish Land Act, 1903.
An agreement was entered into on the 1st
January, 1908, between the vendor and a
tenant, James M. Power, for the sale to the
latter of his holding for the sum of £1,279 ;
the tenant applying for an advance of the
whole of the said purchase money. On the
14th December, 1909,
the Commissioners
notified the vendor that they were prepared
to advance only the sum of £1,100, and asked
the vendor whether he would accept that sum.
The vendor was willing to accept an advance
of that amount if the tenant would bring in
the balance, viz., £179, in cash. This the
tenant was at first unwilling to do, and the
Commissioners, on the 3rd August, 1910,
issued a ruling to the tenant's Solicitors, as
follows :—" Your client being unwilling to
pay in cash £179, being the balance of
purchase money over the amount of advance,
the Commissioners propose to make a formal
order of dismissal on the 10th instant unless
in the meantime you notify his readiness to
provide the required sum." The time was
subsequently extended to the 15th August,
1910, on which date the Commissioners were
notified on the part of the tenant that the
required sum would be brought in. Where
upon, on the 20th October, 1910, the Com
missioners issued the following ruling to the
vendor :—" In this case it is proposed that
" portion of the purchase money shall be
" lodged in cash by the tenant—such cash
" payment not having been provided for in
" the agreement lodged. The Commissioners
" now direct you to lodge a fresh purchase
" agreement in substitution for the original
" purchase agreement providing for the pay-
" ment of portion of the purchase money in
" cash."
In compliance with this direction
the vendor, on
the 24th October, 1910,
lodged a fresh agreement for the sale and
purchase of the said holding for the same sum
of £1,279, but providing for the lodgment in
cash of £179 thereof, the tenant applying for
an advance of £1,100 repayable under the
'provisions of the Irish Land Act, 1903, by
an annuity calculated at 3J per cent.
The questions of law submitted to the
Judicial Commissioner were :—
" (1). Can the said last-mentioned agree-
" ment be financed as a pending purchase
" agreement, and will the percentage be pay-
" able on the amount advanced at 12 per
" cent. ? "
" (2.) Is the said last-mentioned agreement
" a fresh purchase agreement entered into in
" substitution for
the original agreement
" within the meaning of Section 12 (1) of the
" Irish Land Act, 1909 ? "
'
The Judicial Commissioner, following his
own previous decision in
Athlwnney's Estate
(44 I.L.T.R. 261), held that the questions
were ruled by the decision of the Court of
Appeal
in
Domville's ilstate
[1910J 1 Ir. R.
334), and answered both questions in the
negative.
The Court of Appeal allowed the appeal,
distinguishing
Domville's Case,
on the ground
that in that case, firstly, there was a refusal
of the advance, and secondly, there was in
fact no direction by
the Commissioners
I
pursuant to the Section.
The unanimous
judgment of the Court was, therefore, that
both questions should be answered in the
affirmative.
i
The question being raised whether costs of
the argument should be ordered to be paid
by the Treasury, who were the respondents,
and the matter standing for further argument,
Counsel for the appellant stated they had
considered the authorities and found they
could not ask for costs against the Treasury.
(Reported,
I.L.T.R.,
Vol. xlv., page 276).
I
Land Purchase (Ireland) Acts.
THE following have appeared in the Parlia
mentary papers :—
Q.
SIR JOHN BARRAN,—To ask the Chief
Secretary to the Lord Lieutenant of Ireland,
whether he can supply, with reference to the
Ashbourne Acts, 1885 to 1888, information
as to the number and rental of farms now
held under that Act ;
the number of farms
i
which, under that Act, have become the
property of the occupier ;
the term of years
required to enable a tenant, under the rate of
payment fixed, to become complete owner of
his farm ;
the restrictions, if any, which
hinder a tenant from disposing of his tenant