Lessee of Henry John Proter, and Others v French

• Jurisdiction: Ireland
• Judgment Date: 17 June 1844
• Date: 17 June 1844
• Court: Exchequer of Pleas (Ireland)

Exch. of Pleas.

Lessee of HENRY JOHN PROTER, and others.

and

FRENCH.

Pluck v. Digges 2 Dow. & Ci. 180.

Lessee Greene v. Keller Hud. L. T. 491.

M'Cloughn v. M'Cormick Ibid.

Newcomen v. Arthur Ibid.

Lessee Morrison v. Little Ibid.

Lessee Coyne v. Smith Batty's Rep. 90, n.

Lessee Fawcett v. Hall Al. & Nap. 248.

Lessee Lord Kingston v. Ready 5 Ir. Law Rep. 368.

Lessee Walsh v. Feely 3 Law Rec. N. S. 233 ; S. C. 1 Jones, 413.

Reeve v. LongENR 1 Salk. 227.

Butler v. Lord Portarlington 1 Dr. & War. 51.

Lessee Walsh v. Feely 3 Law Rec. N. S. 233.

Treport's case 6 Co. 15.

Smith v. ParkhurstENR 3 Atk. 140.

Doe v. ShawcrossENR 3 B. & C. 756.

Poulteney v. Holmes 1 Stra. 405.

Baker v. Gostling 1 Bingh. N. C. 29.

Preece v. Corrie 5 Bingh. 25.

Lessee Delap v. Leonard 5 Ir. Law Rep. 310.

Bac. Ab. Assignment; Thorn v. WoollcombeENR 3 B. & Ad. 586.

Wollaston v. Hakewill 3 Scott N. C. 93.

Palmer v. EdwardsENR 1 Doug. 187.

Fawcett v. Hall Al. & Nap. 253.

Parmenter v. WebberENR 8 Taunt. 595.

Jenison v. Lord LexingtonENR 1 P. Wms. 555.

Pluck v. Digges 2 H. & B. 14.

Charters v. Sherrock Al. & Nap. 22.

Fewcett v. Hall Ibid. 257.

Curtis v. WheelerENR M. & M. 494.

Treport's Huds. 497.

Baker v. GostlingENR 1 Bing. N. C. 27.

Poulteney v. HolmesENR 1 Str. 405.

Crusoe v. Bugby 3 Wils. 236.

Heyden's caseENR 3 Co. Rep. 7.

Thorn v. WoollcombeENR 3 B. & Ad. 586.

Jenison v. Lord LexingtonENR 1 P. Wms. 555

Wollaston v. HakewillUNK 3 Scott, N. R. 593.

Scott N. R. 593.

Pluck v. Digges 5 Bligh's Rep. N. S. 31.

Pluck v. Digges 2 Hud. & Br. 88.

Isherwood v. OldknowENR 3 M. & S. 382.

Fairclaim v. ShamtitleENR 2 Burr. 1294.

Lessee of Walker v. Williamson Ir. T. Rep. 271.

Lessee Greene v. Keller Hudson's Land. & Ten. 486.

Hughes v. Hart 1 F. & S. 13.

Lesse of Bond v. The Trustees of Sterne's Charities Batty, 87, n.

Lessee of Eawcett v. Hall Al. & N. 248.

Lessee of Walsh v. Feely 1 Jones, 413; S. C. 3 Law Ree. N. S. 233.

Lessee of Coyne v. Smith Bat. 90, n.

Jenison v. Lord LexingtonENR 1 P. Wms. 555.

Poulteny v. Holmes Stra. 405.

Baker v. Gostling 1 Bing. N. S. 27.

Lloyd v. langfordENR 2 Mod. 175.

Lessee of Fawcett v. Hall Al. & N. p. 225.

Lessee Walker v. Williamson, Ir. T. Rep. 271.

Greene v. Keller Eaton, dem. Greene v. Keller, Hudson L. & T. 486(in notis.)

Parmenter v. WebberENR 8 Taunt. 593.

Pascoe v. PascoeENR 3 Bing. N. C. 898 ; S. C. 5 Scott, 117.

Pluck v. DiggesENR 5 Bligh, P. C. 31 ; 2 Dow. & Cl. 110 ; 2 H. & Br. 1.

Grogan v. Morgan Al. & Nap. 366.

11 Anne, c. 2, s. 1.

Vide John v. Armstrong, Ll. & Goold temp. Plink. 392, and Lyne on leases for lives renewable for ever, 172.

514 CASES AT LAW: T. T. 1844. Exch. of Pleas, Lessee of HENRY JOHN PORTER, and others. FRENCH. June 17. A lessee who EJECTMENT for non-payment of rent. The demise was laid on the has demised for the same 3rd of October 1842. lives and years At the trial before Burton, J., at the Spring Assizes of 1843, for for which he holds the the Queen's County, the jury found a special verdict, from which it lands, cannot appeared that Hampden Evans and George Evans, being seised in maintain an ejectment for their demesne of a sufficient estate of freehold for that purpose, non-payment of rent and i under by indenture of release, bearing date the 4th of June 1803, and the Irish made between the said Hampden Evans and George Evans of the Ejectment Statutes. one part, and one Henry Porter of the other part, demised, granted, To consti- set and to farm-let, released and confirmed unto Henry Porter (in ti on and- tion of land- his actual possession then being, by virtue of a bargain and sale, lord and tenant &c.,) all that and those the lands of Doolaght and Kilbride therein within the meaning of described and in the declaration mentioned, situate in the Queen's the Ejectment County, excepting and always reserving out of said demise unto the Statutes, there must be a re- said Hampden Evans and George Evans, their heirs and assigns, all version ; and timber trees then standing and growing, or thereafter to be standing where there is no reversion, and growing on the said demised premises, together with all mines, an e jectment for non -pay_ minerals, quarries and all other royalties whatsoever, with liberty of went of rent cutting, &c., without impeachment of waste or trespass, and with cannot be maintained. liberty of hunting, hawking, fishing and fowling on the said demised Lessee premises, or any part thereof ; to hold the said demised premises with Walsh v. the appurtenances unto the said Henry Porter, his heirs, executors, Feely (3 Law Rec. N. S. administrators and assigns, from the 25th day of March then last 233 ; S. C. 1 Jones, 413), .past, for and during the natural life and lives of the said Henry overruled. Porter (party thereto), Henry Porter, son of the said Henry, and Lessee Fate- Jane Porter, eldest daughter of the said Henry Porter, and the cett v. Hall (Ale. & Nap. survivors and survivor of them ; and in case the said Henry 248), affirmed. Porter, Henry his son, and Jane his daughter, the lives aforesaid, should all happen to die before the expiration of twenty-two years, to be computed from the said 25th day of March last, then to hold the said demised premises with the appurtenances unto the said Henry Porter's executors, administrators and assigns, for and during -and until the full end and term of twenty-two years, to be comÂÂputed from the said 25th day of March then last, from thenceforth fully to be completed and ended ; he the said Henry Porter, his heirs, CASES AT LAW. 515 executors, administrators and assigns, yielding and paying therefore and thereout yearly, and every year during the continuance of said demise, unto the said Hampden Evans and George Evans, their heirs or assigns, the yearly rent or sum of 65. 12s. 32d. sterÂÂling, payable half-yearly, &c. This indenture contained a clause of entry and distress in case the rent should be in arrear for the space of twenty-one days after the days of payment ; and for want of suffiÂÂcient distress on the said demised premises to be had, that then it should be lawful for the lessors, &c., into the same premises, or any part thereof in the name of the whole to re-enter, and the same to have again, re-possess and enjoy, as in their first and former estate, any thing therein contained to the contrary notwithstanding. The deed contained a covenant by Henry Porter (the lessee) for himself, his heirs, executors and assigns, that he the said Henry Porter, his heirs, &c., should and would from time to time during the continuance of said demise, pay unto the said Hampden Evans and George Evans, their heirs or assigns, the said reserved yearly rent on the days and times thereinbefore appointed for payment thereof ; and also should and would from time to time, and at all times during the continuance of said demise, preserve, repair and keep the said demised premises in good and sufficient repair; and at the end of the said term should and would leave and yield up the quiet and peaceable possession thereof in good repair. The deed contained covenants by the lessee, &c., to do suit and service to the Manor Court of Lea, and to grind their corn at the Manor mill ; and a covenant by the lessors in the usual form for quiet enjoyment. Henry Porter, the father, being so seised and possessed of the demised premises, afterwards, by indenture of release, bearing date the 25th of March 1813, and made between the said Henry Porter, party to the aforesaid deed of the 4th of June 1803, of the one part, and one James Dunne of the other part, in consideration of the sum of 1000 sterling, by way of fine, in hand paid by said James Dunne to the said Henry Porter, and for and in consideration of the yearly rent, reservations, covenants and agreements thereinÂÂafter reserved, mentioned and expressed, demised, granted, set and to farm-let, released and confirmed unto the said James Dunne (in his actual possession then being, &c.), and to his heirs and assigns, all that and those the lands and premises in the declaration mentioned, excepting and always reserving out of the said demise (and which was excepted in the lease under which the said Henry Porter- held said lands), unto Hampden Evans and George Evans, Esqrs., the owners of the fee of said lands, their heirs and assigns, all timber trees then standing and growing, or thereafter to stand and grow on 616 CASES AT LAW. said demised premises, except so much as might be planted, and to which the tenant or person planting the same might be entitled under any Act of Parliament for the encouragement of planting, against the right or claim of the owner of the fee, under the reservation to him as aforesaid, together with all mines, minerals, quarries, and all other royalties whatsoever, with liberty of cutting, &c., without impeachment of waste or trespass, with liberty of hunting, hawking, fishing and fowling on said demised premises, or any part thereof ; to hold the said demised premises, with the appurtenances, unto the said James Dunne, his heirs, executors, administrators and assigns, from the said 25th day of March, for and during the natural life and lives of the said Henry Porter (party thereto), Henry Porter, son of said Henry, and Jane Porter, eldest daughter of the said Henry Porter, and the survivors and survivor of them ; and in case the said Henry Porter (party thereto), Henry Porter his son, and Jane Porter his daughter, the lives aforesaid, should happen to die before the expiraÂÂtion of twenty-two years, to be computed from the 25th day of March 1803, then to hold all and singular the said demised premises, with the appurtenances, unto the said James Dunne, his executors, admiÂÂnistrators and assigns, for, during and until the full end and term of twenty-two years, to be computed from the said 25th day of March 1803, fully to be completed and ended ; he the said James Dunne, his heirs, executors...