Jackshon, Landlord; Hagan, Tenant

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 23 January 1891
• Date: 23 January 1891

Land Com.

Before BEWLEY, J., and FITZ GERALD and WRRNCH, COMMRS.

JACKSHON,

LANDLORD;

HAGAN,

TENANT

Laverty v. MooreDLTR 15 IR. L. T. R. 105; M'Dev. 444.

Torrens v. CookeUNK 22 L. R. Ir. 139.

Tenancy — Determination of — Surrender for the purpose of law — Originating notice —

326 LAW REPORTS (IRELAND). IL. IL 1. Q. B. Div. validity of the certificate. Having heard the arguments the 1891:__ members of the Court are of opinion that the certificate conferred WiLsow an undoubted right on the May Fishery Company to use those MoT nets in the exercise of their right in the positions indicated in the FISHERY Co. certificate, provided the nets are of the size limited by the certifiÂcate. For these reasons we are of opinion that the magistrate was right in his determination. JOHNSON and HOLMES, JJ., concurred. Solicitor for the plaintiffs : Michael V. Coolican. Solicitor for the defendants : J. Chas. A. Little. ••n11,1,1n••• Land Corn. 1891. JACKSON, LANDLORD; HAGAN, TENANT (1). Jan. 16, 23. Tenancy-Determination of-Surrender for the purpose of admission of another tenant-Surrender by operation of law-Originating notice-Land Law (Ireland) Act, 1881, sect. 20, sub-sect. 1. The acquisition by a tenant of a present tenancy, since the coming into force of the Land Law (Ireland) Act, 1881, of a small additional parcel of land previously in the hands of another tenant, and the fixing of a bulk rent by the landlord for the enlarged holding has not the effect of destroying the present tenancy or the rights attached thereto. But as in such a case there are separate and distinct tenancies existing in the newly-acquired parcel of land and in the original holding, they cannot be included in the same originating notice. APPEAL from an order of the Sub-Commission fixing a judicial rent. The facts axe set out in the judgment of Bewley, (1".. H. Jackson, for the landlord. 3. H. Campbell, for the tenant (1) Before BEWL2Y, and Flu OM= and Wazaca, Commrs. tor.. XXVIII.] 'Q. & DITMNS. The judgment of the Court was delivered by BEWLEY, J : The right of the tenant to have a judicial rent fixed in this case was disputed by the landlord on two grounds : first, that the tenancy is a future tenancy, and second, that the rent payable by the tenant was fixed by an agreement under the Land Act of 1881, capable of being specifically enforced. Prior to the month of March, 1881, Robert Hagan, the tenant, was tenant from year to year to Mr. Henry Jackson, the landlord, of certain parts of the townland of Cortinn ell, in the county of Monaghan, at a yearly rent, or yearly rents, amounting in the whole to £32...