Arthur v M'Geady

• Jurisdiction: Ireland
• Judgment Date: 27 June 1893
• Date: 27 June 1893
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before HARRISON, JOHNSON, and GIBSON, JJ.

ARTHUR

and

M'GEADY

Hogg v. SmithUNK 32 L. R. Ir. 191.

Kane v. MulhollandUNK 28 L. R. Ir. 59.

Twybill v. M'GranaghamDLTR 27 Ir. L. T. R. 63.

Percival v. DunneUNK 9 Ir. C. L. R. 422

Landlord and tenant — Ejectment for non-payment of rent — Notices and summary ("Caretaker Notice") — 1887 (50 & 51 Vict. c. 33), sect. 7 — Schedule Form — County Court decree.

510 LAW REPORTS (IRELAND). [L. R. Q. B. Div. 1893. June 26, 27. Landlord and tenant-Ejectment for non-payment of rent-Notice and sumÂmary (" Caretaker Notice")-Land Law (Ireland) Act, 1887 (50 4^ 51 Vict. c. 33), sect. 7-Schedule Form-County Court decree. A notice under the Land Law (Ireland) Act, 1887, sect. 7, founded on a civil-bill decree in ejectment for non-payment of rent, set out the plaintiff's name and address in the title (following the title of the decree), and, continuing as in the schedule-form, stated that any person desiring to redeem " must pay to the said plaintiff (not specifying any place), or lodge with the clerk," &c. :- Held, that there was no sufficient compliance with the provision of sect. 7, that such notice shall state truly " the place or places where " the amount claimed may be paid or tendered. It is sufficient if such notice state the amount of rent and costs, as in the decree mentioned, although part of the rent so claimed appears prima facie to be within the bar of the statute. CASE STATED, pursuant to the provisions of 20 & 21 Viet. c. 43, for the opinion of the Queen's Bench Division, by the JusÂtices of the county of Donegal, in the matter of a summons calling upon the defendant to show cause why possession of certain lands should not be given up to complainant : the defendant having been tenant to complainant of said lands, his term therein having expired by service of notice in prescribed form as required by the Land Law (Ireland) Act, 1887, and he having refused to deliver up possession of same. The Case Stated referred to the civil-bill decree in ejectment for non-payment of rent (dated 26th October, 1891), which ascerÂtained the rent due to the plaintiff, William Arthur, as £11 6s. [eight years' rent at £1 8s. 3d. a year], and to the notice served thereafter. This " caretaker notice " was upon a printed form, following the form given in the Schedule to the Act of 1887 ; the blanks, as filled in, and the alterations being here represented in italics. (1) Before HARRISON, JOHNSON, and GasoN, JJ. Vol,. XXXII.] Q. B. & EX. DIVISIONS. 511 " FORM OF NOTICE TO BE SERVED AFTER JUDGMENT IN EJECTMENT FOR Q. B. Div. NON-PAYMENT OF RENT. 1893. ARTHUR v. In the Civil-Bill Court of the County of Donegal, GEADY. Division of Ilford. BETWEEN William Arthur, of Lakemount, Enniskillen, in the County of Fermanagh, Esquire. Plaintiff; AND John M' Geady, of Cashel, in County of Donegal and Division aforesaid, Farmer, Defendant. To John M'Geady, of Cashel, aforesaid. TAKE NOTICE that a Decree for the recovery of part of the Lands of Cashel, with the Buildings thereon, situate in the Parish of Tullaghobegley, Barony of Kilmacrenan, County of Donegal, and Division aforesaid, for nonÂpayment of Rent, has been recovered by the above-named William Arthur, And that any person entitled by Law to redeem the said Lands must do so within a period of Six Months from the service or posting of this Notice, and that any person being a Tenant or having a specific interest in the Tenancy, n d desiring to redeem, must pay to the said. Plaintiff or lodge with the Clerk of the Peace for said County, the Rent, Arrears, and Costs, within the said period of Six Months. The particulars of the Rent and Costs are as follows : Eight Years' Rent, due and ending on the First day of May, 189z, . . zz 6 o Costs of Ejectment Decree, . z 8 6 Total, . 11 6 Also all further rent which shall accrue due up till date of redemption. On the service or posting of this Notice, the person to whom it is addressed, being in possession of any part of the Lands, are deemed to be in possession as Caretaker and the service of this Notice operates in the same manner as if the Decree in Ejectment had been executed against them, and as if...