The King (Corcoran) v The Justices of Wicklow

• Jurisdiction: Ireland
• Judge: K. B. Div.
• Judgment Date: 01 February 1912
• Court: King's Bench Division (Ireland)
• Date: 01 February 1912

The King (Corcoran)

and

The Justices of Wicklow (1).

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1912.

Caretaker's agreement — Right to go behind — Alleged collateral agreement — Justices — Summary jurisdiction — Declining jurisdiction — Certiorari — Landlord and Tenant (Ireland) Act, 1860 (23 & 24 Vict. c. 154), s. 86.

Held, that the prosecutors were entitled to put forward the case attempted to be made by them; that the Justices by refusing to allow them to put it forward had declined jurisdiction; and that the order of the Justices should be quashed on certiorari.

Certiorari.

This was an application on behalf of the prosecutors, Michael Corcoran, and Norah Corcoran, his wife, to make absolute a conditional order for a writ of certiorari to quash an order made at Bray Petty Sessions, county Wicklow, on a summons issued under section 86 of the Landlord and Tenant (Ireland) Act, 1860, in which the National Bank, Limited, were complainants, and the prosecutors defendants, ordering the defendants to be ejected from the house and premises, Glenallyn House, Trafalgar Road, Greystones, county Wicklow, of which they were alleged to have been put into possession by permission of the complainants as caretakers and servants. The grounds

set out in the conditional order, so far as material for the purpose of the present report, were:—(a) that the prosecutors were not caretakers; (b) that a bonâ fide question of title having been raised by Michael Corcoran, the Justices refused to hear the same.

The conditional order was granted on a joint affidavit of the prosecutors, which set out the following matters:—

By an agreement in writing, dated the 15th April, 1908, made between Edward Beggs of the one part, and the prosecutors of the other part, the prosecutors agreed to become tenants of Edward Beggs of the premises known as Glenallyn House, Grey-stones, county Wicklow, for one year from the 1st April, 1908, at the rent of £40, free from rates and taxes and payable quarterly on the 1st July, 1st October, 1st January, and 1st April. The landlord's interest subsequently became vested in the National Bank, Limited (hereinafter called “the bank”), and the prosecutors became their tenants on the same terms. They remained in possession under the agreement up to the 24th March, 1911, the bank accepting rent annually, instead of quarterly.

On the 24th March, 1911, Michael Corcoran attended by arrangement at the head office of the bank, and went into the rent account with Mr. Ashe, the agent, and the bank officials. He signed an account drawn up by the bank, showing that upon the 1st April, 1911, there would be a sum of £47 14s, 10d. due for rent over and above deduction for rates. He was threatened with ejectment proceedings, and signed a joint and several promissory note, intended to be signed also by his wife, for the said sum of £47 14s. 10d., payable four months after date. He also signed a caretakers agreement, which was in the following form:—

“Greystones, Co. Wicklow,

“24th March, 1911.

“We do hereby acknowledge that the National Bank, Limited, have put us into possession of the house and premises known as Glenallyn House, Trafalgar Road, Greystones, county Wicklow, as servants and caretakers, and, on their giving us one week's notice of discharge from their employment, we undertake to give up possession of the said house and premises.”

Michael Corcoran in the affidavit alleged that his contract, however, with the bank was that upon his taking up the note he...