Court Of King's Bench, Mo...
,AW REpoRT. JU,1U/'.T ziZ tyestmnfl,ter afte- Triiti.y Terma, beftne the Lo-t CHIEFP JUSTICE anda Cornnwn Jury. DOE, DEM. HOLCROFT, V. MEUX AND CO. This was an aIction to recover the possession of the public-house the Northuimberlaned Arms, in Great Rsssell.strcet, Covent-garden, on thekround that the defendants failed to repair the premisem. Evidence was given that the ground-rent was 171. a year, the rent 701. a year; that the house was very mueh out of repair, and some of the windows broken. There were eighteen years of tlic lease to exalire. Missrt. MARTI VAT and CHItTTY conducted the plaintiff's case. M1r. SCAItLETT (with wlh0tn `Was M1r. BRouGHyAM) addressed( the jury. Actions of this kindl ought to be discouraged in the ex- trene. If even a glass winedow was brokcn this acton could be brought; but dlid the jury supp,se that t&c de'fendants, who were very opulent, and hela a lease of I8 years of a housc which re- turned 701. a-year, woald neglect to Tepair it ? Bttt there was a shortanswer to the action. The plaintiffseeved the defendants writh notice to repair within three months; this notice was dated the Oth of Augtist, 1823, and it precluded the plaintift from hAinging his action of eJectment until the threce months should expire, but he brought the action on the 27th of October, 1823. HIe submitted, therefore, that the plaintiff nmust be nonsuited. Tbere was also a Teccipt of rent during the currency of theithree months. It was at last agreed to take a verdict for the plaintifF, subject to a case, whether a special notice, or the receipt of rent after action brought, was a dispensation from the covenant,to repair. MT. BIt OUG5A-M suggested that the period of three montha in the notice wals an important part of the ease. In the case deci(led by Lord E11enborough, there waa no definite period in the notice. The LORD CICIEF JUSTIsCE..-..Undoubtedly it i9 material, and thc terms of the notice should be set fonth in -bh ease. Vecrdict for the plaintiff, subjeetto a case. I COUPT OF KIN ENT -HTMcnAv. ,riv 19.