The Representative Church Body and Crosbie v M'Quinn

• Jurisdiction: Ireland
• Judgment Date: 05 June 1877
• Date: 05 June 1877
• Court: Queen's Bench Division (Ireland)

Q. Bench.

THE REPRESENTATIVE CHURCH BODY AND CROSBIE

and

M'QUINN.

Murphy v. M'CormickUNK Ir. R. 10 C. L. 326.

Fitzwilliam v. DillonUNK Ir. R. 9 C. L. 251.

Errington v. RorkeENR 7 H. L. C. 617.

De Vesci v. O'KellyUNK Ir. R. 4 C. L. 269, 275.

Ashtown v. LarkeUNK Ir. R. 6 C. L. 270.

Notice to quit —— Incumbered Estates Court conveyance — Tenancy from year to year "ending the first day of May in each year."

218 THE IRISH REPORTS. [I. R. .Exch. Cham. found seem to me to negative the proposition contended for. We 1877' have been pressed with the case of The Queen v. Clinton (1). cannot find in that case any indication of any such doctrine as is advanced here by the Defendant. The late Lord Chief-Justice, referring in his judgment to the instances in which a civil action might be maintained to recover chattels, the abstraction of which was, at the common law, not punishable as felonious, would seem to have entertained the opinion that trover or trespass might be maintained for seaweed, though from the meanness of its nature its removal did not amount to the crime of larceny. It may also be that seaweed cast on the shore is not sufficiently in the posÂsession of the owners of the foreshore to render the illegal taking of it a larceny. The ease is binding on this Court upon the point thereby decided ; but I do not think that the principles on which it appears to rest are applicable to the Present case. On the whole, I think the judgment of the Court of Exchequer should be affirmed. Order of the Exchequer affirmed. Q. Bench. THE REPRESENTATIVEE CHURCH BODY AND CROSBIE 1877. ro.liqUINN. June 5. Notice to quit-Landlord and Tenant Act,1870-Incumbered Estates Court conÂveyance-Tenancy from year to year "ending the first day of May in each year." The Plaintiffs derived under an Ineumbered Estates Court conveyance, in the schedule to which the Defendant was set out as holding under a tenancy from year to year " ending on the first day of May in each year :"-Held, that a notice to quit served in October was insufficient to determine the tenancy on the next first day of May. Murphy v. OP Cormick (Ir. R. 10 C. L. 326) followed. EJECTMENT on the title, tried at the Kerry Spring Assizes, 1877, before Robinson, Q.C., Commissioner of Assize. The Plaintiff claimed. and proved title to lands under a conveyance from the Incumbered, (1) Ir. R. 4 C. L. 6. Vol,. XI.] COMMON LAW SERIES. 219 Estates Court, dated 22nd July, 1857, in the schedule to which Q...