36 / 244
the parties, the notice to quit had been waived
and he dismissed the landlord’s action for possession.
On an appeal by the landlord, Lord Goddard, C.J.
(with Buckhill & Denning, L .J.J.) said that the
Judge had fallen into the error o f confusing accept
ance of rent after a notice to quit with an accept
an ce of rent after notice that a forfeiture had been
incurred. The law as to payment o f rent after service
o f a notice to quit was not the same as in the case
of forfeiture. When the tenancy had been terminated
by means of a notice to quit, payment o f rent after
that date would operate in favour o f the tenant
only if it could be shown that the parties intended
that there should be a new tenancy. In the case
before the court it was impossible to say that the
parties intended there should be a new tenancy.
The mere mistake o f the agent in accepting as rent
which had already accrued, rent which was in fact
payable, if it were payable at all, in advance could
not be used to establish that the landlord was
agreeing to a new tenancy. The court overruled
Hartell
v.
Bladder (1920 2 K .B . 161) in which
the K ing’s Bench Division fell into exactly the same
error of confusing an acceptance o f rent after notice
of forfeiture with acceptance of rent after the
expiration of a notice to quit.
Owner to the Registrar of Titles for the issue of a
Certificate of Title in substitution for the Certificate
specified in the Schedule hereto, which, it is alleged,
has been lost or inadvertently destroyed.
The
Registrar o f Titles will issue a duplicate Certificate
unless he is notified within 28 days from the date
of this Notice that the said Certificate o f Title is
still in existence and in the custody o f some person
other than the above-named Registered Owner.
Any such notification should state the grounds on
which the Certificate in question is being held.
Dated this 19th day o f November, 1949.
J
oseph
O’B
yrne
,
Registrar of Titles-
Land Registry,
Central Office,
Chancery Street,
Dublin.
S
chedule
above
referred
to
.
Land Certificate of Edmond Riordan to iota. ir.
34p. of the lands of Ballinglanna situate in the Barony
of Barrymore and County o f Cork being the lands
comprised in said Folio.
NOTICE. ,
THE REGISTRY.
Section A.
O
ld
-
established
F
irm
of Dublin Solicitors, having family
and commercial practice and centrally situated premises,
would consider amalgamation with another Solicitor or Firm
of Solicitors. Box. No. A. 123.
F
or
S
a le
.
Old-established Solicitor’s Practice in County
Town in Midlands. Particulars, Box. No. C. 124.
Section B.
S
olicitor
, good general experience all branches, presently
engaged, desires change; highest references.
Box B. 144.
Section C.
W
anted
,
the following: Liability of Public Bodies (Daly),
Labourers Acts (Vol. 2) (Bolton), Criminal Injury Rules,
1923, Circuit Court Practice (Horan), Notes on Perusing
Title (Emmett), Investigation of Title (Jackson & Gossett),
Public Authorities Protection Act, 1893 (Sommerviile),
Law of Evidence (Cockle), Ryland Digest & Supplements,
Irish Forms & Precedents (Butterworth)
Box No. C. 125.
E
nglish
and Empire Digest for sale.
Particulars from
P. J. O’Flynn, Solicitor, 6 St. Francis Street, Galway.
REGISTRATION OF TITLE ACTS
1891 AND 1942 .
NOTICE.
Folio 95.
C
ounty
C
ork
.
Registered Owner :
E
dmond
R
iordan
.
An application has been made by the registered
Folio 1229.
C
ounty
W
estmeath
.
Registered Owner
—M
aria
C
ostello
.
An Application has been made by the Registered
Owner to the Registrar o f Titles for the issue of a
Certificate of Title in substitution for the Certificate
specified in the Schedule hereto, which, it is alleged,
has been lost or inadvertently destroyed.
The
Registrar o f Titles will issue a duplicate Certificate
unless he is notified within 28 days from the date
of this Notice that the said Certificate o f Title
is still in existence and in the custody o f some
person other than the above-named Registered
Owner. Any such notification should state the
grounds on which the Certificate in question is
being held.
Dated this 16th day of November, 1949.
Land Registry,
Central Office,
Chancery Street,
Dublin.
J
oseph
O ’B
yrne
,
Registrar o f Titles.
S
chedule
above
referred
to
Land Certificate of Maria Costello to ia. ir. ijp .
of the lands o f Retrear situate in the Barony of
Brawny and County of Westmeath being the lands
comprised in said Folio.
3°