Thomas Jones, Lessee of Lord Ashtown v James White and Richard White

• Jurisdiction: Ireland
• Court: Queen's Bench Division (Ireland)
• Judgment Date: 11 November 1847
• Date: 11 November 1847

Queen's Bench.

THOMAS JONES, Lessee of LORD ASHTOWN

and

JAMES WHITE and RICHARD WHITE.

Hume v. Kent 1 B. & Bea. 554.

Bonafous v. RybotENR 3 Burr. 1374.

Davis v. Jackson 1 Ir. Cir. c. 184.

Lord Westmeath v. Hogg 3 Ir. Law Rep. 27.

Lessee Bowen v. Cleary 10 Ir. Law Rep. 449.

Davis v. Jackson Ir. Cir. Rep. 384.

400 CASES AT LAW. M. T. 1847. Queei faelsols. THOMAS. JONES; Lessee of LORD ASHTOWN, JAMES WHITE and RICHARD WHITE. Nov. 11. EJECTMENT for non-payment of rent, tried at Tullamore, at the A, by inden- tare, demised Summer Assizes of 1847, before CRAMPTON, J. The ejectment to B certain lands, habeas- was brought as of Easter Term, and the following notice of rent dum for three lives, at the due was endorsed thereon in pursuance of the statute of 9 & 10 Vic. yearly rent of 187, with the c. 111:-" The lessor of the plaintiff claims 374, being for two usual clause of distress and " years' rent up to the 1st day of May 1847 ; and if the amount re-entry for non-payment "thereof be paid to the lessor of the plaintiff or his attorney, of this rent. The lease also " together with the costs, before the 22nd day of May 1847, contained an. agreement by "being the first day of the ensuing Term, further proceedings will B not to sub let or assign "be stayed." Defence was taken separately for James White, and without leave first obtained a joint defence for James White and Richard White, and thereupon under the hand and seal a second declaration was filed against them jointly. An order to of A, and that consolidate was obtained on the usual terms, and at the trial a lease so long as B should perform was given in evidence, dated 1st of October 1826, whereby Lord the covenants and. agree- Ashtown, demised to James White part of the lands of Ballynowlast, ments therein contained, A containing 188A. 5n. 64P. for three lives, and subject to the yearly would be con tent with the rent of 187 sterling, payable half yearly on every 1st day of May yearly rent of 93. lbs. 2d. and 1st day of November. It contained the usual clause of distress payable on the same days as and re-entry for non-payment of this rent, and also this agreement, the first re served rent of "that the said James White shall not set, sell, alien, underlet, sub 187. Held, that the larger rent thereby reserved was not a penal rent, and that ejectment was maintainable for its nonpayment. Held, that general evidence of the change of possession was sufficient proof of the breach of the clause against subletting, and that it lay on the tenant to rebut that evidence. Held also, that the following was a sufficient notice of the amount of rent claimed, within the meaning of 9 & 10 Vie. a. 111, " The lessor of the plaintiff claims 374, being for two years' rent up to 1st of May 1847, and if the amount thereof be paid to the lessor of the plaintiff or his attorney, together with the costs, before the 22nd of May 1847, being the first day of the ensuing Term, further proceedings will be stay ed. ' * PERRIN, J dente. CASES AT LAW. 401 "divide or assign his interest in the hereby demised premises, or any M. T. 1847. sBench. " part thereof, without leave first had and obtained from under the Queen' "hand and seal of the said Lord Ashtown, his heirs or assigns. And LORD ASHTOWN "it is further agreed upon by and between the parties to these pre- V. "sents, that so long as and no longer during the continuance of this WHITE. "demise than the said James White, his heirs and assigns (if perÂÂ" mitted to assign)...