Privy Council Court May 1931 Judgments

Aveline Scott Ditcham Vs. James J. Miller

Court: Privy Council

Lord Blanesburgh: This is an appeal from an order of the Full Bench of the Supreme Court of Newfoundland and it raises the broad question whether within the meaning of the St. John's Municipal Acts, 1921 and 1926, the respondent in relation to certain hereditaments in that city demised by a lease of 16th May 1848, had on the expiration of the term on 1st May 1929, become the "assign" of the original lessees so as to be entitled in terms of that a statutes to claim compensation for unexhausted improvements from the appellant, the reversioner and freeholder. The hereditaments comprised in the lease lie admittedly within the local area of the statute of 1921 which by S. 94, provides that every "building lease" theretofore made shall, irrespective of its actual provisions be read as subject to a condition that "the lessee or his assigns" shall amongst other detailed privileges be entitled at the expiration of the lease: "to compensation for the unexhausted value of the improvements made by...