John Magner, Tenant; Mary Hawkes and Others, Landlords

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 27 June 1891
• Date: 27 June 1891

Land Com.

JOHN MAGNER,

TENANT;

MARY HAWKES AND OTHERS,

LANDLORDS.

Howell v. BriscoeDLTR 20 I. L. T. R. 15.

Ronaldson v. La ToucheUNK 24 L. R. Ir. 344; I. L. T. R. 21.

— Present tenancy ——

VOL. XXVIII.] Q. B. & EX. DIVISIONS. deals with proceedings for or in anywise concerning any manors, lands, tenements, rents, tithes, or hereditaments (other than liberÂties or franchises), without adding the words " or for or in anywise concerning the revenues, issues, or profits thereof," and appears so far as rent is concerned to contemplate proceedings for the recovery of rent as an inheritance and not the arrears of a rent. Under these circumstances, I have come to the conclusion, reluctantly, I confess, that the recovery of the arrears of quit rent is not affected by this statute : that the quit rent being in charge, the 3rd saving in the 1st sect. of the 48 Geo. 3, c. 47, is applicable ; and that therefore I must accede to the application of the ComÂmissioners of Her Majesty's Woods, Forests, and Land Revenues, and declare that these yearly quit rents of £1 ls. 3/d. and 1.1s. 10/d. mentioned at No. 2 in the schedule of incumbrances in this matter, and the arrears thereof, are still recoverable. Solicitors for the Commissioners of Woods and Forests and Land Revenues : Hallows Hamilton. Solicitors for the owner : Stephen Gordon 8/ Son. 365 Land Corn. 1891. In 7.e MAXWELL'S ESTATE. JOHN MAGNER, TENANT ; MARY HAWKES AND Land Corn. OTHERS, LANDLORDS. 1891. May 27. Land Law (Ireland) Act, 1881, as. 8, 57-Present tenancy-Lease made after June 27. passing of Act, and before January 1st, 1883-Tenancy existing at passÂing of Act. A tenant holding under a lease executed between the 22nd August, 1881, and 1st January, 1883, of lands in which a tenancy was subsisting on the -22nd August, 1381, is a " present tenant " and entitled to apply to have a fair rent fixed. Howell v. Briscoe (20I. L. T. R. 16). Ronaldson v. La Touche (24 L. R. Ir. 344) discussed. Tins was an appeal heard at Cork before Bewley, J.., and Mr. Commissioner Fitzgerald, from a decision of a Sub-CommisÂsion fixing a fair rent for a holding situate at Knockanemore, in the county, of Cork. 366 LAW REPORTS (IRELAND). [L. it. Land Com. 1891. G. Lawrence appeared for the tenant. MAGNER v. HAWSES. Redmond Barry for the landlords. The facts of the ease and the arguments put forward are suffiÂciently stated in the judgment of the Court delivered by June 27. BEWLEY, J. :- By a lease dated the 11th...