THE RIGHT HON. EARL of MOUNTCASHELL, Plaintiff in Error; THE RIGHT HON. VISCOUNT O'NEILL, Defendant in Error. [H.of Lords.]

CourtHouse of Lords (Ireland)
Judgment Date24 July 1856
Date24 July 1856

H.of Lords.



,586 COMMON LAW REPORTS. 1856. H. 9f 1..01116. fliousk of LorZIS. THE RIGHT HON. THE EARL OF MOUNTCASHELL, Plaintiff in Error; THE RIGHT HON. VISCOUNT O'NEILL, Defendant in Error. July 24. - Where a lessee This ease came before the House upon a writ of error from a for lives made several plant- judgment of the Court of Exchequer Chamber in Ireland.* It ings on land held by him was an action of trover, brought by the present Earl of Mount-under lease, and registered ,well against the present Lord O'Neill, for certain trees which the several plantings nn- the declaration alleged the defendant Lord O'Neill had wrongfully der 23 and G. c. 39 ent down-trees which belonged to Lord Mountcashell as the 24 Reid (affirm- owner of the property, and which, nevertheless, Lord O'Neill had ing the judg meat of the converted to his own use. The defendant Lord O'Neill pleaded Exchequer Chamber, Ire- not guilty. The action was tried, and the jury found a special land), that the affidavit of re- verdict. gistry in such cases was suffi- The special verdict stated a demise, in the month of March cleat, if made by the agent of 1816, by the then Earl of Mountcashell, the father of the present pleaiarty Earl of Mounteashell, to .the then Lord O'Neill, who was the ng. Held also, eldest brother of the present Lord ONeill, of certain lands called that one re gistry of plant- Claggan, upon certain lives, of which the present Lord O'Neill ing on two denominations was one, and the last surviving, the other two having died, to of land, held u erthe same hold these lands, at a small rent. That Lord O'Neill entered under landlord, was the lands so demised, and became seised of them therefore sufficient. Held also for the term of the lives for which they were granted. That shortly (overruling the Exchequer after the execution of that indenture, Lord O'Neill caused to be Chamber, Ire land), that one planted, partly on the lands demised and partly on other lands registry of planting, on called Aghafattan, a great number of trees, and that within twelve lands held un- der different months of planting them he caused those trees to be registered, by landlords, was making an affidavit in this form :-"I, the Right Hon. Charles insufficient. * 4 Corn. Law Rep. 346. COMMON LAW REPORTS. 587 " Henry St. John Earl O'Neill, do swear that I have caused to- 1856. M. of Lords. "be planted within twelve calendar months, last past, on the funds, M- " of Claggan and Aghafattan, in the parish of Skelly, held by me OUNT CASHELL " from the Right Hon. Stephen Earl of Mountcashell, the following v. "trees." Then they are enumerated, about 160,000 trees-'Fund o'NEILL, "that I have given notice to George Joy, Esq., agent to the said " Earl of Mountcashell, under whom I immediately derive, of my "intention to register said trees." The verdict then stated that it was duly advertised in the Dublin Gazette. It then stated a second planting, afterwards, on the lands in Claggan and Aghafattan, with respect to which the same proceedings took place as on the former occasion, except that that affidavit was not made by Lord O'Neill, but was made by his agent William M'Auliffe. It then stated a third planting, as to which the affidavit was made by Mr. McAuliffe, and not by Lord O'Neill himself, and which planting was made partly on the lands of Claggan and partly on other lands called Killycharn, which were not then held under the Earl of MountÂcashell, but under a gentleman by the name of Davison. It then stated five other plantings, making eight in all, at successive periods of...

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