Mercer v O'Reilly

• Jurisdiction: Ireland
• Judgment Date: 30 May 1862
• Date: 30 May 1862
• Court: Court of Common Pleas (Ireland)

Common Pleas

Mercer

and

O'Reilly

Mechelen v. WallaceENR 7 Ad. & El. 54, n.

Countess of PlymouthENR 1 Salk. 65.

Winter's caseENR 3 Dyer, 308, b.

Taverner's caseENR 1 Dyer 56, a.

Spencer's case 1 Sm. L. Cas. 41.

Neil v. MackenzieENR 1 M. & W. 797.

M'Areavy v. Hanna Exch., H. T. 1862, not reported.

Hodgkins v. Robson 1 Ven. 276.

Stevenson v. LambardENR 2 East. 575.

Salmon v. Smith 1 Wm. Saund. 2024.

Sunn v. Di Nuovo 3 Sco. N. R. 487.

Ecclesiastical Commissioners v. O'ConnorUNK 9 Ir. C. L. R. 242.

Morrison v. Chadwick 7 Q. B. 266.

Newton v. Allin 1 Q. B. 18.

Wheeler v. StevensonENR 6 H. & N. 155.

Grand Canal Co. v. Fitzsimons 1 Hud. & Bro. 449.

Smith v. RaleighENR 3 Camp. 513.

Stokes v. CooperENR 3 Camp. 514, n.

Hilliard v. LeonardENR M. & M. 297.

Towler v. ChattertonENR 6 Bing. 265.

Freeman v. MoyesENR 1 Ad. & El. 338.

Charrington v. MeatheringhamENR 2 M. & W. 228.

Edwards v. LawleyENR 6 M. & W. 285.

Cornill v. HudsonENR 8 El. & Bl. 437.

Doe v. BramstonENR 3 Ad. & El. 63

Doe v. TurnerENRENR 7 M. & W. 226; S. C., 9 M. & W. 643.

Wright v. HaleENR 6 H. & N. 227.

Hudson v. NicholsonENR 5 M. & W. 437.

Holmes v. WilsonENR 10 Ad. & El. 503.

Gilman v. ShuterENR 2 Lev. 227.

Ashburner v. BradshawENR 2 Atk. 36.

Attorney-Gen. v. LloydENR 3 Atk. 551.

Moore v. PhillipsENR 7 M. & W. 536.

Chappell v. PurdayENR 12 M. & W. 303.

Perry v. SkinnerENR 2 M. & W. 471.

Moon v. Durden 4 Ex. R. 221.

Maddock v. MallettIR 12 Ir. Com. Law Rep. 173.

Holgate v. KayENR 1 C. & K. 341.

COMMON LAW REPORTS. 153 E. T. 1862. CommonPleas • MERCER v. O'REILLY. E. T. 1862. May 6, 7. (Common Pleas). T. T. 1862. May 30. Tars was an action for the recovery of arrears of rent. The sum- To an action against an coons and plaint set forth a lease, whereby, on the 26th of January assignee, for 1857, theplaintiff demised to John Lynch certain premises, for several gales of rent, due the term of .100years from December 28th 1856, at the yearly on a lease made before rent of 46, payable quarterly, on every 25th of March, 25th the passing of the Landlord of June, 25th of September and 25th of December, and whereby and Tenant Law Amend- J. Lynch covenanted to pay plaintiff the said rent ; and it averred ment Act 1860 * (23 & 24 Vic., an assignment from Lynch to the defendant, and that afterwards c. 154), and some of which seven quarters of said rent became due from the defendant to the gales accrued before, and plaintiff, amounting in the whole to the sum of 80. 10s., as shown some after, the Act, the by the particulars endorsed. defendant pleaded that, The defendant pleaded that the premises were described in said during all the lease as " the piece or parcel of land, being part of the land called time he was assignee, the "` the Farm' of Saint Sepulchre,' otherwise Saint Pulchre,' with plaintiff and his under-te " the messuages and dwelling-house thereon, situate in the parish nants were in actual posses " of St. Peter, formerly in the county of Dublin, but now in the sion and occu pation, and in " county of the city of Dublin, containing in breadth on the east the receipt of the rents and "side 185 feet ; in breadth on the west side 137 feet, including profits of a portion of "nine feet, the one-half of the stable-lane, on the south side of the premises against his ' said premises ; in depth on the north side 192 feet, and in depth will, whereby the defendant was deprived of the rents and profits of same. The plaintiff replied, setting out the several times when the rent accrued. Held, on demurrer, that the plea was an answer to so much of the action as claimed the rents which accrued due prior to the passing of the, Act ; but that, with respect to the gales which accrued subsequently, the plea was bad, and that the plaintiff had a right, under section 44,* to recover a proportion of each of the latter gales. Held also, that the 44th section operates upon contracts of tenancy made prior to, and in force at, the time of the passing of the Act, but only as to future...