STREET-County Antrim and Belfast Borough | SURRENDER-continued.

Act, 1865 (28 & 29 Vict. c. clxxxiii), ss. 86–89—to five sub-tenants, whose rents amounted to
Belfast Borough Act, 1868 (31 § 32 Vict. c. cxvii), £62 0s. 8d., retaining in his own hands 3A. 2R. 15P.
s. 23—Expenses of sewering, paving, &c.—Liability | After the passing of the Act of 1881 all the sub-
of owner of buildings and lands adjoining—Change tenants' rents were reduced by fair rent agreements
of ownership before demand of payment-Footpath filed in the Court, each sub-tenant obtaining a
-Dedication.] The plaintiffs, the Belfast Corpo- reduction, the last reduction being made by agree-
ration, had made an order, under sect. 86 of the ment dated the 4th March, 1884, and this reduced
County Antrim and Belfast Borough Act, 1865, for the sub-tenants' rents to £43 15s., which was the
the sewering, flagging, paving, &c., of a street in total rental receivable by the defendant at the
the city of Belfast, which order, accompanied by passing of the Land Law (Ireland) Act, 1887,
the surveyor's estimate of the expenses and the out of the portions sublet. In 1898, 1899, and
shares thereof payable by the several owners of 1900 the tenants obtained further reductions on
buildings and lands adjoining the street, was duly second term rents fixed by agreements filed in Court
published and posted as required by the Act. which reduced the total rents to £35, the last
At the date of the order the defendant was an second term reduction being made by agreement
owner, within the meaning of the Act, of lands, dated 2nd August, 1900. On the 27th April, 1900,
subject to a mortgage, adjoining the street, and he the defendant served notice of intention to
continued owner for a period of more than a month surrender, which the plaintiff refused to accept.
after the last publication of the order. The defen- The defendant then served notice to fix a fair
dant never executed the required works, and his rent on the 3A. 2R. 15P. in his possession, and the
share of their estimated expense was demanded fair rent was fixed at £2 188. by the Land Com-
from him by the plaintiffs. At the time of mission on the 28th March, 1901; and on the 6th
making such demand the defendant had ceased to April, 1901, the defendant served a second notice of
be owner, the mortgagees having entered into intention to surrender, tendered a deed of surrender,
possession and receipt of rents:-Held, that the and paid all rent down to the 1st May, 1901. The
defendant was liable for the amount demanded, plaintiff refused to accept the surrender, and sued
notwithstanding that he had ceased to be owner for rent accrued down to November, 1902 :—Held,
when the demand was made. The defendant, who by the King's Bench Division (Palles, C.B., and
held under a lease for a long term of years, had Barton, J.; Andrews, J., diss.), that inasmuch as
built on the lands a number of cottages, and had the rent receivable by the defendant at the passing
made, for the benefit of the tenants of these of the Land Law (Ireland) Act, 1887, from the
cottages, a footpath on the lands in front of the portions sublet had been reduced to a sum less than
cottages and bordering the street in question, the the rent paid by him, notice of intention to
whole forming apparently a street consisting of a surrender should have been served by the defendant
roadway and this footpath. The order for sewer- within nine months after the passing of the Act;
ing, &c., made by the plaintiffs included this foot- that no new right of surrender arose on the
path:-Held, that there was jurisdiction to make subsequent reductions, or on the fixing of a fair
the order in respect of the footpath. The Lord Mayor, rent on the part sublet; and that therefore the
Aldermen, and Citizens of Belfast v. Hill K.B. 105 notice of intention to surrender had not been served
SUBLETTING - Judgment in ejectment by within the time prescribed by sect. 8, sub-sect. 8,
superior landlord-Middleman-Discharge of the Land Law (Ireland) Act, 1887, and the
from liability for arrears of rent, 182 defendant was liable for the rent sued for. Held,
See ACTION TO RECOVER POSSESSION OF by the Court of Appeal (reversing the judgment
LAND. 1.
of the King's Bench Division), that the notice of
surrender served on the 6th April, 1901, was served
in sufficient time within section 8 of the Land
Law Act of 1887, and that the surrender was good.
478 Wilson v. Boyle
K. B. 147; APP. 165
TAXATION OF COSTS-Bill reduced by one-
sixth-"Professional charges" Dis-

Middleman - Surrender

-

1887, s. 8

See SURRENDER.

-

Land Law Act,
147, 165

SUBPŒNAS-Service of-Costs

See COSTS. 2.

SURRENDER-By middleman- Landlord and
tenant-Land Law (Ireland) Act, 1887, sect. 8—
Reduction of rent-Time for serving notice of
surrender.] Defendant was tenant to the plaintiff
under a sub-grant in perpetuity, dated the 2nd
July, 1873, of lands in the county of Armagh,
containing 45A. 3R. 1P. at the rent of £63 2s. 5d.
At the date of the passing of the Land Law
(Ireland) Act, 1881, he had sublet 42A. 1B. 6P.

-

bursements

See COSTS. 1.

417

Fees to counsel-Instructions for brief-Ser-
vice of subpoenas
478

See COSTS. 2.

Several issues- Findings for plaintiff and
defendant-General costs of action 40
See COSTS. 3.

TECHNICAL SCHOOL-Public purposes

Exemption from rates

See RATES. 2.

429

VARIABLE RENT-Irish Land Act, 1903
(3 Edw. 7, c. 37), s. 90-First gale to which the
statute applies-Church Temporalities Acts-Tithe

THIRD CONVICTION-Publican-Not within Rentcharge (Ireland) Act, 1900 (63 & 64 Viet.

same year

See LICENSING ACTS. 3.

THIRD PARTY-Intervention of

cause of injury

See NEGLIGENCE.

1.

51

Proximate
317, 335

TIDAL RIVER-Obstruction-Wharf - Negli-
445

gence

See NEGLIGEnce.

TIME-For proceedings by loan fund society on
promissory note.
18

See LOAN FUND SOCIETY. 2.

For service of notice for renewal of beer
dealer's or spirit grocer's license 190
See LICENSING ACTS. 5.

-

c. 58), ss. 2, 3-Construction of statutes-Whether
retrospective" Gale of rent "—" Accrued due
Apportionment Act, 1870 (33 & 34 Vict. c. 35), s. 2.]
Sect. 90 of the Irish Land Act, 1903, enacts that
"where, by reason solely of the non-publication of
the average prices of produce in the Dublin Gazette,
it has become impossible, in the absence of other
provisions, to determine the amount by which any
variable rent, calculable upon an average of prices,
should be varied, sections 2 and 3 of the Tithe
Rentcharge (Ireland) Act, 1900, shall apply as
from the commencement of this Act in the case of
such variable rents, and the words tithe rentcharge
in the said sections shall be deemed to include any

For surrender by middleman Reduction of variable rent as aforesaid." Section 102 enacts
rent-Land Law Act, 1887, sect. 8

See SURRENDer.
[147, 165
Lapse of seven years from civil bill decree

that the Act shall come into operation on the 1st
November, 1903. Section 3 of the Tithe Rent-
charge (Ireland) Act, 1900, enacts that during the
period of fifteen years dating from the 1st
November next after the passing of the Act, the
sum payable in respect of every gale accruing due
after that date of any tithe rentcharge shall be
deemed to be varied in accordance with the pro-
visions therein mentioned. The defendant held
certain lands under a perpetuity grant, made pur-

variable rent, payable quarterly on the 1st Feb-
ruary, 1st May, 1st August, and 1st November:--
Held, that sect. 90 of the Irish Land Act, 1903, did
not apply to the gale of rent falling due on the 1st
November, 1903, and that the defendant was not
entitled to a variation in respect of the quarterly
gale which fell due on that date. Irish Land Com-
mission v. Viscount Massereene and Ferrard

[K. B. 502

See CIVIL BILL DECREE.
[522
TITHE RENTCHARGE-Landlord and tenant
—Land Law (Ireland) Acts-Redemption of Rent
Act, 1891-Liability of tenant after fair rent fixed.]
The grantee or tenant under a fee-farm grant, after
an order under the Redemption of Rent Act, 1891,
fixing a fair rent upon his holding, still remains
liable to tithe rentcharge. The Irish Land Com-suant to the Church Temporalities Acts, at a
mission v. Magorian ([1901] 2 I. R. 445) approved.
Irish Land Commission v. Brown
APP. 200
VACCINATION-Neglecting to comply with the
Act-Second prosecution— Magistrate― Jurisdiction
26 & 27 Vict. c. 52-42 & 43 Vict. c. 70.] Where a
person has been convicted, under sect. 8 of the Vac-
cination Act, 1863 (26 & 27 Vict. c. 52), for refusing
and neglecting to have his child vaccinated, and after
conviction still refuses and neglects to have the
child vaccinated, he cannot, in respect of such VETERINARY SURGEON-Exemption from
continued refusal and neglect, be prosecuted again
under sect. 7 of the Vaccination Act, 1879 (42 &
43 Vict. c. 70).-The Vaccination Act, 1879, was
merely an amending Act, and did not create a new
substantive offence, independent and distinct from
that created by sect. 8 of the Vaccination Act,
1863. Sect. 9 of the Vaccination Act, 1879, did
not abolish the registrar's notice provided by
sect. 8 of the Vaccination Act, 1863, but merely
rendered it unnecessary, in a prosecution for
neglect, to prove that the defendant received the
notice. Repeated prosecutions for continued neglect
can be brought by the sanitary authority, under the
Public Health (Ir.) Act, 1878 (41 & 42 Vict. c. 52, WHARF-OWNER-Obstruction in bed of tidal
s. 147). The King (Vint) v. Justices of Donegal

WINDING-UP-Loan fund society-Receiver- WORDS-continued.

601, 612

1.

"Knowingly sell

to sell"-1 Edw. 7, c.
See LICENSING ACTS. 4.
"Owner"-41 & 42 Vict. c. 52, s. 2

sub-sect. 4
See COLLISION.

129

Order, 1898, Art. 12 -

See COUNTY COUNCIL.

THE END.

Ex. H. L. S.

5/10/05.

529