J. Condon, Appellant; J. Haynes, Respondent

• Jurisdiction: Ireland
• Court: Circuit Court
• Judgment Date: 27 July 1858
• Date: 27 July 1858

Circuit Case

J. CONDON,

Appellant;

J. HAYNES,

Respondent.

Yielding v. Cavendish 2 Fur. Lan. & Ten., App., p. 1279.

Mason v. ChambersENR Cro. Jac. 34.

Davies v. Stacey 12 A. & E. 506.

Gerrard v. Oƒ€™ReillyUNK 3 D. & War. 414.

Lord Ashtown v. White 11 Ir. Law Rep. 400.

Bowas v. Nixon 12 Q. B. 546.

Hume v. KentUNK 1 B. & B. 558.

Stephens v. DoyleIR 5 Ir. Com. Law Rep. 526; S. C. affirmed, Ex. Ch., 2 Ir. Jur., N. S. 152.

APPENDIX. J. CONDON, Appellant; J. H.A.YNES, Respondent.* July 27. CIVIL-BILL EJECTMENT, for non-payment of one year's rent of 13,1. 17s. 6d., due 25th of March 1858, under a lease dated 1835, by which J. Haynes, the respondent, demised certain lands to J. ConÂÂdon, the appellant, for a term still unexpired, yielding and paying the yearly rent of 63. 15s. The lessee covenanted (amongst other things) to pay the reserved rent ; and the lease, at its conclusion, contained the following clause :-" Provided always, and it is "hereby declared and agreed that, in case the said John Condon, 0 his heirs, executors, administrators and assigns, shall well and " truly perform, fulfil and keep the several covenants and agreeÂÂ" ments hereinbefore mentioned and contained, on their parts to " be fulfilled and kept, according to the spirit, true intent and "meaning thereof, then that he the said Joseph Haynes, his heirs ".and assigns, shall and will accept of and take the yearly rent ".or sum of 31. 17s. 6d., as and for the full annual rent of the "said hereby demised premises, in lieu and stead of the said "hereinbefore reserved rent of 63. 15s. yearly, anything hereÂÂ" inbefore contained to the contrary in anywise notwithstanding." This lease was stamped as for a rent of 31. 17s. 6d., which, from. the time of the making of the lease, was in fact the amount of rent demanded by the lessor, and paid by the lessee, until the accrual of the year's rent for which the present ejectment was brought. It did not appear that there had been any other breach of covenant by the lessee than the non-payment of rent. The learned Chairman' granted a decree ; but, by consent of the parties, pursuant to the 14 & 15 Vic., c. 57, s. 138, stated a special case, for the opinion of the Judge on appeal, whether the case was within the civil-bill jurisdiction. W. O'Brien, for the appellant. This case does not come within the Civil-bill Act, 14 & 15 Vic., c. 57, s. 73, the rent reserved exceeding 50 per annum. The * Coram O'BRIEN, J. (Cork Summer...