Earl of Arran v Wills Ryan v Chadwick

• Jurisdiction: Ireland
• Judgment Date: 23 June 1884
• Date: 23 June 1884
• Court: Court of Appeal (Ireland)

Appeal.

Before SIR EDWARD SULLIVAN, C., and FITZGIBBON and BARRY, L. JJ.

RYAN

and

CHADWICK.

Wright v. TraceyUNKIR I.R. 8 C. L. 478.

Brew v. ConoleUNKIR I. R. 9 C. L. 151.

Legg v. StrudwickENR 2 Salk. 414.

Moon v. DurdenENR 2 Exch. 22.

Wharlton v. Kirkwood 22 W. R. 94.

—— "Yearly" tenancy.

at passing of Act-" Yearly" tenancy. June 16, 17, 23. A tenancy for one year certain existing at the passing of the Land Law (Ireland) Act, 1881, is within the exception of " yearly tenancies" in sect. 21. Decision of the Queen's Bench Division (ante, p. 24) affirmed on different grounds. Wright v. Tracey (Ir. R. 8 C. L. 478) and Brew v. Conole (Ir. R. 9 C. L. 151) commented on. APPEAL by the Plaintiff from the order of the Queen's Bench Division of the 16th of May, 1884, disallowing the cause shown against making absolute a conditional order obtained by the Defendant to have the verdict entered for him. The action was one of ejectment on the title, and the particuÂlars will be found stated in the report of the hearing below, ante, p. 204. John G. Gibson, Q. C. (with him .David Lynch), for the ApÂpellant.:- " Contract of tenancy" in the Act of 1881 includes a letting for a term of years : s. 57 ; and in contemplation of law, a tenant for a year certain is a tenant for a term of years. " Tenancies less than yearly tenancies," in section 21, means less in duration and not less in legal quality. He also referred to Wright v. Tracey (2) ; Brew v. Conole (3). Sergeant Hemphill, and Lover, for the Respondent :- We contend that a tenant for a year certain at the passing of the Act is within the exemption of section 21, either as a yearly tenant or as having a less tenancy. Such a tenancy created by parol is not entitled to the benefits of the Act. It is not a "lease," (1) Before Sra EDWARD Sum-vex, (2) I. R. 8 C. L. 478. C., and FITZ GIBBON and BARRY, L.JJ. (3) I. R. 9 C. L. 151. LAW REPORTS (IRELAND). [L. R. I. not being in writing, nor is it a " contract of tenancy," as defined in section 57, since it is not a letting for "years." The nature of a tenancy from year to year appears from Legg v. Strudwick (1), referred to by Deasy, B., in Wright v. Tracey, at p. 484. A. staÂtute will not be held to have a retrospective operation, except upon the clearest language : Noon v. Durden (2) ; and the words " after the passing of this Act," in section 16, must be construed literally, as " immediately " was in the case of Wharlton v. KirkÂwood (3). D. Lynch, in reply. June 23. SIR EDWARD SULLIVAN, C. This is an appeal from a decision of the Queen's Bench DiviÂsion, holding that the Plaintiff in ejectment failed, and that the Defendant was entitled to judgment. The point is very short, and the fact on which the question arises is this : The Plaintiff held a piece of land under the...