tor of franks to be asked, whether the writing was in a natural or a fictitious hand, but would not allow him to look at some other writing (admitted to be the defendant's), and then to be asked whether the same person wrote both. However, in the case of Gurney v. Langlands, 5 B. & A. 331, where an inspector of franks was called, to state whether a signature was genuine or an imitation; Mr. Baron Wood rejected the evidence, and the Court of King's Bench refused a new trial, the Court having great doubt whether this was legal evidence, and saying, that even if it was, it would be entitled to no weight. In the case of Carey v. Pitt, M. P., 2 Pea. N. P. C. 130, Lord Kenyon would not allow an inspector of franks to be asked whether a signature was a genuine handwriting. It that case, it was proposed to prove the defendant's acceptance to a bill of exchange by the inspector of franks, who stated that he had repeatedly seen franks in the defendant's name pass the post office, (he being a Member of Parliament); and that, from the character in which those franks were written, he believed the acceptance to be of the defendant's hand-writing; but Lord Kenyon held that this was not admissible. 1829. CLERMONT บ. TULLIDGE. DOE on the demise of RAINS v. KNELLER. July 9th. EJECTMENT to recover a house, situate in the parish If, by a written of Christ Church, Spital-fields. The defendant was tenant of the lessor of the plaintiff. It was proved that three quarters' rent was in arrear, and that there was no sufficient distress upon the premises (a). agreement, A. agrees to let, and B. to take a messuage from a day past, for a years, "at and term of ten under the rent of 804" This is an agreement by B. to pay a rent of 80%.; and therefore if there be a power of re-entry in case of a breach of "any of the agreements therein contained," A. has a power of re-entry for non-payment of rent, although there is no express agreement to pay the rent. (a) By the stat. 4 Geo. 2, c. 28, s. 2, it is enacted, "That in all cases between landlord and tenant, from and after the 24th day of June, 1731, as often as it shall happen that one half year's rent shall be in arrear, and the landlord or lessor, to whom the same is due, hath right by law to reenter for the non-payment thereof, such landlord or lessor shall and may, without any formal demand or re-entry, serve a declaration in ejectment for the recovery of the demised premises; or, in case the same cannot be legally served, or no tenant be in actual possession of the premises, then to affix the same upon the door of any demised messuage; or, in case such 1829. DOE บ. KNELLER. The agreement (not under seal) under which the defendant held the premises, was put in. It was in the following form: ejectment shall not be for the recovery of any messuage, then upon some notorious place of the lands, tenements, or hereditaments, comprised in such declaration in ejectment, and such affixing shall be deemed legal service thereof; which service or affixing such declaration in ejectment shall stand in the place and stead of a demand and re-entry; and in case of judgment against the casual ejector, or nonsuit for not confessing lease, entry, and ouster, it shall be made appear to the Court where the said suit is depending, by affidavit, or be proved upon the trial in case the defendant appears, that half a year's rent was due before the said declaration was served, and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due, and that the lessor or lessors in ejectment had power to re-enter; then and in every such case, the lessor or lessors in ejectment shall recover judgment and execution, in the same manner as if the rent in arrear had been legally demanded, and a re-entry made; and in case the lessee or lessees, his, her, or their assignee or assignees, or other person or persons claiming or deriving under the said leases, shall permit and suffer judgment to be had and recovered on such ejectment, and execution to be executed thereon, without paying the rent aud arrears, together with full costs, and without filing any bill or bills for relief in equity, within six calendar months after such execution executed; then, and in such case, the said lessee or lessees, his, her, or their assignee or assignees, and all other persons claiming and deriving under the said lease, shall be barred and foreclosed from all relief or remedy in law or equity, other than by writ of error for reversal of such judgment, in case the same shall be erroneous; and the said landlord or lessor shall from thenceforth hold the said demised premises discharged from such lease; and if, on such ejectment, verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall be nonsuited therein, except for the defendant or defendants not confessing lease, entry, and ouster, then, in every such case, such defendant or defendants shall have and recover his, her, and their full costs: Provided always, that nothing herein contained shall extend to bar the right of any mortgagee or mortgagees of such lease, or any part thereof, who shall not be in possession, so as such mortgagee or mortgagees shall and do, within six calendar months after such judgment obtained, and execution executed, pay all rent in arrear, and all costs and damages sustained by such lessor, person or persons entitled to the remainder or reversion as aforesaid, and per "Articles of agreement, made the 1st day of January, 1828, between Henry Rains, of &c., of the one part; and William Godfrey Kneller, of &c., of the other part. The said Henry Rains hereby agrees to demise by a lease to, and the said William Godfrey Kneller agrees to take a lease, and execute a counterpart thereof, of all that messuage, situate &c., to hold the same from the 29th of September, now last past, for ten years and three quarters, wanting twenty-five days, at and under the clear yearly rent of 801., payable quarterly, on the usual days of payment of rent, the first quarterly payment thereof to become due on the 25th day of March, 1828. And the said William Godfrey Kneller doth hereby agree from henceforth to repair, and keep repaired, the said messuage, &c.; and also to insure and keep insured, the said messuage, &c., in some Insurance Office in London, in the sum of 500l. And it is hereby also further agreed, in case the yearly rent hereby reserved, or any part thereof, shall be in arrear and unpaid for the space of twenty-one days next after any of the before-mentioned days appointed for payment thereof, the said Henry Rains, his executors, administrators, or assigns, shall have the like power of distress for such rent in arrear, as if the lease had been granted to him the said William Godfrey Kneller, by the said Henry Rains, of the premises hereby agreed to be demised; and also shall have the like power of re-entry upon the premises, in case of a breach of any of the agreements herein mentioned, on the part of the said William Godfrey Kneller, his executors, administrators, or assigns, as aforesaid. In witness, &c." Carrington, for the defendant.-I submit, that, under these articles, there is no power of re-entry for non-payment of rent. The power of re-entry is only for the breach of any of form all the covenants and agreements, which, on the part and be half of the first lessee or lessees, 1829. DOE v. KNELLER. 1829. DOE v. KNELLER. the agreements therein mentioned; now, there is no agreement to pay rent, and the only agreements on the part of the tenant are, to repair and to insure; and it could hardly have been meant, that the payment of rent should be one of the agreements, the breach of which was to incur a forfeiture, because it is stipulated, that, if the rent is unpaid for twenty-one days, the landlord may distrain. Now, if the non-payment of rent gives the landlord a right to re-enter, he might put an end to the whole term the moment that any rent was in arrear, although he would not be entitled to distrain for his rent till after the lapse of twenty-one days. Lord TENTERDEN, C. J.-I think that the words, "at and under the rent of 80l. a-year," constitute an agreement; and I think, that the lessor of the plaintiff might have maintained assumpsit for the rent in this agreement. I think also, that it is not quite clear that the words "like power of re-entry," were not meant to apply to cases where the rent was in arrear for twenty-one days. This is a very confused agreement, but the lessor of the plaintiff is entitled to recover. Verdict for the plaintiff. Comyn, for the lessor of the plaintiff. Carrington, for the defendant. [Attornies-Rains, and Ewington & Chilcote]. Adjourned Sittings in London, after Trinity Term, 1829. BEFORE LORD TENTERDEN, C. J. 1829. HUMPHREYS v. MILLER. LIBEL. The declaration stated, that the plaintiff was "12th Notice, 1828. said Society for the Protection of Trade.—Treasurers, Messrs. agreement by parties, that they will bear each other harmless in doing wrong, is void. In this case, a member of the society was examined for the defence, but the secretary released him before he gave his evidence. |