The Gazette 1911-12

69

The Gazette of the Incorporated Law Society of Ireland.

DECEMBER, 1911J

'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

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