The Queen (Quinn) v The Justices of The County of Tipperary

• Jurisdiction: Ireland
• Judgment Date: 28 June 1883
• Date: 28 June 1883
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before MAY, C.J., and LAWSON AND JOHNSON, JJ.

THE QUEEN (QUINN)

and

THE JUSTICES OF THE COUNTY OF TIPPERARY

Summary jurisdiction of Justices Recovery of possession from caretaker under 23 & 24 Vict. c. 154. s. 86 Evicted tenant replaced as caretaker Allegation of renewed tenancy Question of title.

Ton. XII.] Q. B., C. P., & EX. DIVISIONS. I should not have made any observations after the judgment of MR. JUSTICE BARRY, had it not been for the fact that the traverse out of which this question arises was tried before myself. Solicitors for Mrs. Scriven : Hardman 8f Sons. Solicitor for the Corporation : .1111Sheehy. 393 Q. B. Div. 1883. ScalYEN V. CORPORATION OP DUBLIN. THE, QUEEN (QUINN) v. THE JUSTICES OF THE COUNTY Q. B. Div. OF TIPPERARY-(1). 1883. Summary jurisdiction of Justices-Recovery of possession from caretaker under `June 20, 28. 23 4^ 24 Vict. c. 154. s. 86-Evicted tenant replaced as caretaker-AllegaÂÂtion of renewed tenancy-Question of title. After an eviction for non-payment of rent, and execution of the writ of possession, the tenant was replaced as caretaker under a written agreement, whereby he agreed to hold the lands as caretaker of the landlord. After being in occupation for a year and eight months, he was required to give up possession, and, on refusal, was summoned before the justices at Petty Sessions, under the 23 & 24 Vict. e. 154, s. 86. At the hearing of the summons, the alleged careÂÂtaker swore to a subsequent agreement for a new tenancy, which was denied by the owner of the lands and his agent ; and it was contended that a question of title arose, ousting the Magistrates' jurisdiction. They, however, adjudicated on the case, and made an order for possession. A conditional order for a writ of certiorari having been obtained ; on motion to make absolute the conditional order :- Held, that the conditional order should be discharged, and that the circumÂÂstance that the occupier alleged a binding agreement for a subsequent tenancy could'not deprive the Justices of their jurisdiction in the ease. MoTIoN to make absolute a conditional order for a certiorari. The facts disclosed by the affidavits were as follows :-For many years previous to August, 1881, Quinn held the lands of, Donegal, in the parish of New Inn, and county of Tipperary, as tenant to Mr. Riall, under a lease made in the year 1868, for thirty-one years, at the yearly rent of 165 5s. There was due by Quinn for arrears of rent the sum of 387 15s. up to the 25th (1) Before MAY., C. J., and LAwsoN and JOHNSON, JJ. Q. B. Div. March, 1881, and Mr. Riall having brought an action of eject-1883. ment for non-payment of rent against him, and recovered judgÂÂTIL"'" ment, a writ of possession was delivered to the sheriff of the JusneEs OF county of Tipperary, who, on the 4th of August, 1881, put Quinn TIPPERARY. out of possession, and delivered over the possession to Mr. Rea, the agent of Mr. Riall. On the same day, viz., 4th of August, 1881, Quinn signed the following document "I hereby acknowledge that the Sheriff has this day executed the writ of possession in this case, and that the houses, land and premises, and all the crops now growing thereon, belong to the said William A. Riall, the said PlainÂÂtiff ; but that, if he or his agent allows me to put some of my furniture or effects into an outhouse, I will use same solely at the will of the said...