Jones v Carter
| Jurisdiction | England & Wales |
| Judgment Date | 04 July 1846 |
| Date | 04 July 1846 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 1040
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 10 Jur. 33 Commented on, Dendy v. Nicholl, 1859, 4 C. B. (N. S.) 376. Explained, Grimwood v. Moss, 1872, L. R. 7 C. P. 364. Applied, Toleman v. Portbury, 1871, L. R. 6 Q. B. 249; Scarf v. Jardine, 1882, 7 A. C. 360; James v. Young, 1884, 27 Ch. D. 663. Referred to, Croft v. Lumley, 1858, 6 H. L. Cas. 705; Clough v. London and North Western Railway Company, 1876, L. R. 7 Ex. 34; Morrison v. Universal Marine Insurance Company, 1873, L. R. 8 Ex. 204; Evans v. Wyatt, 1880, 43 L. T. 177; Serjeant v. Nash, Field, and Company, [1903] 2 K. B. 304; Moore v. Ullcoats Mining Company Limited, [1908] 1 Ch. 587.
jones v. carter. July 4, 1846. - The service by lessor upon lessee of a, eclaration in ejectment for the demised premises, for a forfeiture, operates as a final election by the lessor to determine the term ; and he cannot afterwards (although there has not been any judgment in the ejectment) sue for rent due, or covenants broken, after the service of the declaration. [8. 0. 10 Jur. .-53. Commented on, Demly v. Nir.holl, 1859, 4 C. B. (X. S.) :i76. Explained, (h-imu-ood v. Mo, 1872, L. E. 7 G. P. 304. Applied, Toletnun v. Partbury, 1871, U R. 6 Q. B. 249; Hmrf v. Janlinu, 1882, 7 A. C. 300; Jume.x v. Yoiimj, 1884, 27 Ch. D. 663. Referred to, Of oft v. Lumlai/, 1858, C H. Is. Gas. 705; Climy/i v. London ami North W extern Railway (Jompaiiy, 1870, L. R. 7 Ex. 34 ; Ahrrixun v. ffuiverxtd Marine fnaunriux Company, 1873, L. K. 8 Ex. 204; Mwinn v. ll-'yatt, 1880, 43 L. T. 177; Sfrjeant v. Nash, Field, and Company, [1903] 2 K. B. 301; Moore v, (fllcuah Mining L'umpuny Limited, [1908] 1 Ch. 587.] Covenant on an indenture, dated the 16th of September, 1844, made between the plaintilf of the one part, and the defendant and Joseph Foster of the other part, whereby the plaintiff gave, granted, and demised to the defendant and Foster full power and authority to work, delve, dig, and open, all the mines, veins, seams, and beds of lead ore, copper ore, sulphate of barytes, mines, minerals, and mineral substances, which were or should be thereafter found, gained, dug, or opened within, under1, or upon a certain common or waste land belonging to her Majesty, and then in lease to the plaintiff, situate in the parish of Llysfuen, in the county of Carnarvon ; with full powers for the purpose of getting and taking the minerals, erecting machinery, &c. &c. ; to hold to the defendant and Foster, their executors, &c., from the 29th of September then instant, for the term of fourteen years, subject to a yearly rent of 50, payable half-yearly in advance, in the nature of a forehand rent, on the 25th of March and the 29th of September in each year, the first payment to be made oil the 29th day of September then instant ; and subject also to the payment of a certain royalty on the ores and minerals raised and gotten. And the defendant thereby covenanted with the plaintiff, his executors, &c., well and truly to pay and render, or cause to be paid or rendered, to the plaintiff, his executor's, &c., the rent and royalty thereinbefore reserved and made payable, at the days and times and according to the true intent and meaning of the said indenture, without any deduction or abatement whatever; and also to pay and discharge all taxes, &c,, charged or assessed upon the demised premises. There were also covenants that the defendant and Foster, their executors, &c., would, during the continuance of the demise, with six men at the least, search for lead and other ores and minerals in proper and likely places, &e.,and would fairly and effec-[719] tually work and carry on all the mines and works with six able and experienced miners at the least; that they would not cease or discontinue such work, with the aforesaid number of men, for the space of one month in any one year, unless prevented by unavoidable impediments : and other covenants, providing for the dressing and making merchantable of...
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