Trench, Middleman; Daly, Landlord

• Jurisdiction: Ireland
• Judgment Date: 18 May 1898
• Date: 18 May 1898
• Court: Land Commission (Ireland)

Land Com.

Before MEREDITH, J., and the Hon. GERALD FITZGERALD, Q. C., Commr.

TRENCH,

MIDDLEMAN;

DALY,

LANDLORD

Grey v. Friar 4 H. L. Cas. 565.

Landlord—Middleman—Condition in lease attached to power of surrender— Non-fulfilment of such condition 1887, sect. 8.

Von. II.) QUEEN'S BENCH DIVISION. 41 . TRENCH, MIDDLEMAN ; DALY, LANDLORD (1). Landlord—Middleman—Condition in lease attached to power of surrenderÂNon-fulfilment of such condition—Right of surrender under Land Law (Ireland) Act, 1887, sect. 8. A condition attached to a power of surrender in a lease, under which a middleman holds, does not necessarily control or govern a surrender proposed to be made by him under the Land Law (Ireland) Act, 1887, sect. 8 ; that being a new right of surrender in addition to any other right he may otherwise have possessed under any instrument. Land Com. 1898. May 18. By lease dated the 22nd October, 1860, Lord Dunsandle, the predecessor in title of the present landlord, demised the lands of Cromagh, containing 50A. OR. 16P. at the yearly rent of £50 2s. ; and by a further lease of equal date the lands of Monanbragher, containing 5SA. 2R. 20p. at a rent of £51 14s. 4d., both of them situated in the county of Galway : to the Rev. Frederick FitzwilÂliam Trench for the term of three lives respectively. Each lease contained a covenant that if the tenant should surrender the lands in pursuance of the clause of surrender therein contained, then and in that ease he should sink or cause to be sunk a certain watercourse which was described as " leading to Ellagh " to a depth of four feet at the least. The Rev. F. F. Trench sublet the lands thus demised to him to a sub-tenant named Hugh Blehene, who in the year 1882 had a fair rent of £52 fixed upon the lands of Cromagh, and of £53 upon the lands of Monanbragher. Subsequently, on the 21st January, 1898, these rents were fixed for a second judicial term at £44 and £46 5s. respectively. About the year 1884, Hugh Blehene deepened the drain to Ellagh, but not nearly to the extent of four feet. On the 17th March, 1898, the Rev. F. F. Trench served notice on the landlord of his intenÂtion to surrender to him his interest in the above-mentioned lands pursuant to the provisions of the Land Law (Ireland) Act, 1887, section 8. (1) Before MEREDITH, J., and the Hon. GERALD FITZ GERkLD, Q.C., Commr. 1899—Von. II. E 42 THE IRISH REPORTS. [1899. Land Cosa. The landlord now applied to the Court that the notice of sur...