Browne v Marquis of Sligo

• Jurisdiction: Ireland
• Judgment Date: 01 December 1859
• Date: 01 December 1859
• Court: High Court of Chancery (Ireland)

Chancery.

BROWNE

and

MARQUIS OF SLIGO.

Bertie v. BeaumanENR 16 East, 33.

Rex v. Kelstern 5 M. & Sel. 136.

Rex v. ThursterENR 3 M. & S. 276.

Rex v. BardwellENR 2 B. & C. 161.

Hughes v. Overseers of ChathamUNK 5 M. & G. 54.

Rex v. Snape 6 A. & E. 278.

Westmeath v. Hogg 3 Ir. Law Rep. 27.

Parker v. TaswellENR 2 De G. & J. 559.

Pain v. CombesENR 1 De G. & J. 34.

Calverly v. Williams 1 Ves. jun. 201.

Clowes v. Higginson 1 Ves. & B. 524.

Higginson v. Clowes 15 Ves. 516.

Townshend v. Stangroom 6 Ves. 328.

Heap v. Abbott C. P. C. 333.

Manser v. BuckENR 6 Hare, 443.

Parker v. Taswell 2 De G. & Jo. 34.

Bertie v. BeaumontENR 16 East, 33.

Rex v. Kelstern 3 M. & Sel. 136.

Hughes v. Overseers of ChathamUNK 5 M. & G. 54.

Pain v. Combes 1 De Gex & Jo. 34.

Manser v. Back 6 Har. 443.

Calverty v. Williams 1 Ves. jun. 210.

Jenkinson v. Pepys 1 Ves. 516.

Clowes v. Higginson 1 Ves. & B. 524.

Heap v. AbbottENR C. P. Coop. 333.

CHANCERY REPORTS, BEING A SERIES OF CASES ARGUED AND DETERMINED IN THE HIGH COURT OF CHANCERY, COURT OF APPEAL 1N CHANCERY, golfs ourt, Yro06 estatts Court, AND COURT OF BANKRUPTCY AND INSOLVENCY. BROWNE v. MARQUIS OF SLIGO. (In Chancery.) 1859. Chancery. Nov. 28, 30. Dec. 1. THIS case came before the Court upon a petition filed by Mr. Peter grant to B. a agreed to Denis Browne, for the specific performance of an agreement for a lease of the lease, dated the 27th T. day of October 1856. The following were the lands of T The agreement material facts of the case:- contained a provision that the lease should " give exclusive shooting and coursing, but not fishing." Semble.-That S. was entitled to the exclusive right of fishing in the premises agreed to be demised. B. had previously held T. under a lease from S., which contained an express exception of fishing, fowling and shooting ; and there was evidence that S. had intended to retain the exclusive right of fishing in the premises agreed to be demised; but S. had himself drawn up the agreement.-Held, that the evidence of intention was admissible in favour of S., in a suit instituted by B. for specific performance of the agreement; and that B. was not entitled to specific performance of the agreeÂÂment, without giving to S. the exclusive right of fishing. Quare.-Whether the occupation of houses, with small portions of land thereto attached, is any breach of a covenant against subletting, where the occupiers are labourers of the lessee, hold merely as his servants, and are bound to give up the premises on demand by him ? Specific performance of an agreement for a lease was resisted on the ground of forfeiture by breach of conditions ; and there being a question whether such forfeitÂÂure had occurred, there was not sufficient evidence of the facts upon which that question was raised.-Held, that specific performance of the agreement ought to be decreed, but the lease be antedated, so as to permit the question to be tried at Law. VOL. 10. 1 1859. By deed of the 9th of March 1852, the respondent demised to Chancery. the petitioner the townlands of Treenlane, Derrybrock and Teevva BROWNE . loughan, in the barony of Burrishoole and county of Mayo, contain- v SLIGO. ing about 3137a. Or. 16p., statute measure, excepting, amongst other things, all mines, woods, royalties, fishing, fowling, hawking and Statement. shooting, in and upon the said lands and premises, to hold for the term of three lives or thirty-one years, at the rent of 97 per annum. By another deed, dated the 14th of February 1853, the respondent demised to the petitioner the townland of Treebeg, in the same barony and county, subject to a similar exception, to hold for three lives or thirty-one years, at the yearly rent of 80. The petitioner was also tenant to the respondent of the lands of LetterÂÂmoghera North and Towneygrania, in the same barony and county. On the 27th of October 1856, the respondent drew up and signed the following document :-" Mr. P. Denis Browne, having a lease of the townlands of Derrybrook, Treelaum and Teeveloghane, at a rent of 97 a-year, and a lease of Treenbeg, at 80 a-year, and possession of the townlands of •Lettermoghera North and TownyÂÂgrania, at an additional rent of 80 a-year, and paying about 20 a-year additional rent, as interest of money advanced for land improvement by me ; and, it having been agreed that Mr. P. D. Browne shall assign his leases, and take out a lease of all the above at a rent equal to the several rents now paid, viz., 257 a-year plus the amount of interest above (about 20), the new lease to be with the usual clauses on Lord Sligo's estate, against subletting, and giving to P. D. Browne the exclusive right of shooting, fowling and coursing on all said lands, I confirm the promise already given of that lease ; and I further promise as follows :-that, if P. Denis Browne, on or before January 1st 1858 claim (in lieu of the above) a lease of all those lands for ninety-nine years, at a rent of 40 a-year over and above the rents above mentioned, I will sign said lease ; that it shall give exclusive shooting and coursing, but not fishing, to P. Denis Browne; that the lease shall allow a subdivision and subletting in three portions, but with due provision against subletting again by sublessee, so as to make more than three tenants in all, counting the house, under pain of forfeiture of lease ; and, F. as may be on it ; and, should he do so, the number of tenants not to SLIGO. be more than three in all, as before described, except the individuals Statement. who may be recognised as tenants by Lord Sligo when he hands it over to P. D. Browne ; or, if P. D. Browne can by that time arrange to have got rid of the lease now existing on Glenamany, he may include Glenamany in his lease, in lieu of Lettermoghera North, but paying 10 a-year more rent than for the lands he now holds under the lease for ninety-nine years, all rents above rates. This promise invalid, unless registered in Westport office, and copied before December 1st 1856, and if not acted on by January 1st 1858 ; and, if acted on, the increased rent to begin May 1st 1858, so that the first year of it may be payable on May 1st 1859." " London, October 27th 1856. (Signed) " SLIGO." The petitioner elected to take a lease under this agreement ; and it was registered and copied in Westport office, before December...