Harvey, Appellant; Copeland, Respondent

• Jurisdiction: Ireland
• Judgment Date: 07 May 1892
• Date: 07 May 1892
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before O'BRIEN, JOHNSON, and GIBSON, JJ.

HARVEY,

APPELLANT;

COPELAND,

RESPONDENT

Jones v. Mills 10 C. B. (N.S.) 788.

Finlayson v. BayleyENR 5 C. & P. 67.

Huffell v. ArmitsteadENR 7 C. & P. 56, at p. 57.

Towne v. CampbellENR 3 C. B. 921, at p. 922.

Doe d. Finlayson v. BayleyENR 5 C. & P. 67.

Jones v. MillsENR 10 C. B. (N. S.) 788.

Sandford v. ClarkeELR 21 Q. B. Div. 398.

Doe d. Parry v. HazellENR 1 Esp. 94.

Kemp v. DerrettENR 3 Camp. 510.

Beamish v. CoxUNK 16 L. R. Ir. 270.

Doe d. Peacock v. RaffanENR 6 Esp. 4.

Doe v. ScottENR 6 Bing. 362.

Doe v. BayleyENR 5 C. & P. 67.

Reg. (Rourke) v. Collector-GenUNK 2 L. R. Ir. 365.

Huffell's CaseENR 7 C. & P. 56.

Jones v. Mills 10 C. B. (N.S.) 788.

Beamish v. CoxUNK 16 L. R. Ir. 270.

Right v. DarbyENR 1 T. R. 159.

Doe d. Pitcher v. DonovanENR 1 Taunt. 555.

Doe d. Robinson v. Dobell 1 Q. B. 806.

Forgan v. BurkeUNK 12 Ir. C. L. R. 495.

Clayton v. Blaykley 2 Smith's L. C. C. (8th ed.), 112.

Sand ford v. ClarkeELR 21 Q. B. Div. 398.

Jones v. MillsENR 10 C. B. (N. S.) 788.

Huffell v. ArmitsteadENR 7 C. & P. 56.

Right v. DarbyENR 1 T. R. 159, 162.

Doe d. Spicer v. LeaENR 11 East, 312.

Landlord and tenant Weekly tenancy Notice to quit.

412 LAW REPORTS (IRELAND). [L. R. L Appeal. be a tenant of a present tenancy : Massy v. Norse We cannot 1892. prophesy in which of these two modes the lease will expire, and BA RTON therefore we cannot predicate of the lessee that he is such a one ATKINSON. as would, at the expiration of his lease, be deemed to be a Barry, L.J. tenant of a present ordinary tenancy from year to year under the Act of 1881. Solicitors for the landlord : William C. Hogan si Som. Solicitor for the tenant : Frank Browne. G. Y. D. Q. B. Div. HARVEY, APPELLANT; COPELAND, RESPONDENT (2). 1892. May 4, 7. Landlord and tenant-Weekly tenancy-Notice to quit. A weekly tenancy commencing on Thursday, held to be duly determined by written notice served on Thursday, 5th November, to quit and deliver up posÂÂsession on or before Friday, the 13th November (Gibson J., dissenting) : Held, by O'Brien and Gibson, JJ., that a week's notice, and by Johnson, J., that a reasonable notice, is necessary and sufficient to determine a weekly tenancy. Held, by Gibson, J., that the tenancy could only be determined by a notice expiring on a Thursday. CASE STATED by W. Forbes, R.11., one of the Justices of New-bridge, county Kildare, Petty Sessions District, the material facts stated in which were as follows :-This ease came on for hearing on the 19th November, 1891, upon a summons for overholdiug possession of a certain kitchen, parlour, and concerns at Charlotte street in the market town of Newbridge, in said county of Kildare, by the respondent, his tenancy at 4s. per week having been duly determined by notice to quit. [The case then set out two other summonses for overholding two other portions of the same pre mises let at 5s. and ls. per week, the circumstances in relation to which were precisely similar to those of the first-mentioned pre (1) 20 L. R. Ir. 57, 464. (2) Before O'BurEN, JOHNSON, and GIBSON, JJ. VOL.XXX.] Q. B. & EX. DIVISIONS. 413 mises.] To sustain the summonses three notices to quit, served Q. B. Div. upon the tenant in respect of the several respective tenancies, 1892. were relied on. These notices were similar, and were all dated HARVEY the 5th November, 1891 (Thursday), and their service on the day c _OPELAND. they bore date was duly proved before the said Justice. The following is a copy of one of said notices :- NOTICE TO QUIT. TAKE NOTICE that I do hereby require you to surrender and deliver up to me or to my agent on or before the 13th day of November, 1891, next ensuing the date hereof, the quiet and peaceable possession of all that the kitchen, parlour, and concerns, which you hold from or occupy -nude; me as a weekly tenant at 4s. per week, situate in that part of the market town of Newbridge called Charlotte-street. And in case you shall refuse or neglect then to deliver up to me or to my said agent the quiet and peaceable possession of said premises, proceedings will be taken for the recovery of the possession of said. premises, and I will sue you for all costs and expenses attending such proceeding, purÂÂsuant to the Act of the 14th & 15th Vict. c. 92. Given under my hand this 5th day of November, 1891. To Henry Harvey, of Charlotte-street, Newbridge, and all others concerned. J. COPELAND, Landlord. Evidence was given that Harvey held all the said premises as eekly tenant to Copeland since Thursday, 7th May, 1891, at the weekly rents mentioned in the summonses. The landlord's rent-book showed weekly payments of rent made on Thursday in each week. It was contended for the tenant that all the premises were held at a bulk rent of 9s. weekly, exceeding the Petty Sessions jurisdiction ; also that the notices to quit were bad, as not expiring on a Thursday, the 13th November being a Friday. The Petty Sessions Court decided against the tenant, and granted warrants for possession of the premises, and stated the present case for the opinion of this division. Philip Keogh, for Harvey : Two of the lettings were admittedly made at one time, and would amount to more than 5s. per week, or 1 per month, and this fact alone would oust the Justices jurisdiction : Summary 414 LAW REPORTS (IRELAND). [I,. It. I. Q. B. Div. Jurisdiction Act (14 & 15 Viet. c. 92), s. 15. When the rent was 1892. raised to 9s. it was a new letting of the entire premises also at a HARVEY rent greater than 1 per month. [The Court intimated that this COPELAND. point was not open on the case.] Admittedly the service of the notices to quit was to quit on or before Friday, whereas the gale days were always on Thursday. The day upon which the defendant is required to quit must be a gale day. [Counsel cited Latouche's Furlong, p. 613 ; Jones v. Mills (1), Finlayson v. Bayley (2).] R. E. Meredith, contra :- Here the notice was to quit on or before the 13th November, which was Friday ; that amounted to a notice to quit on the 12th November, and at latest on the 13th November. But, furthermore, a week's notice is not necessary to determine a weekly tenancy ; a reasonable notice is sufficient, unless there is a custom or usage to serve a week's notice: Huffell v. Armitstead (3). Cur...