Partington, Gent., one, Company against Woodcock

paktington, gent., one, &c. against woodcock (a). 1837. Declaration, in debt for rent, alleged a demise by plaintiff to defendant for seventy years, by virtue of which he entered and held till, &c., when the rent claimed became due, &c. Plea, that, before the demise, plaintiff was discharged under the Insolvent Debtors' Act, 53 G. 3, c. 102, and his estate in the premises was assigned pursuant thereto : and that, after the discharge, and after the making of the demise (plaintiff having been authorised by the assignee, after the discharge, to remain in possession of the premises, and to make the said demise thereof to defendant,) and before the said rent was due, or the action commenced, defendant received notice from the assignee to pay to him, as such assignee, from thenceforth, all the rent that should accrue from defendant for the said demised premises, and under the said demise in the declaration mentioned, in default of which legal proceedings would be adopted ; and that, by reason thereof, defendant became liable to pay the rent to the assignee, the reversion being no longer in plaintiff, and his right to the rent being determined. On special demurrer, it was objected that the defence was ill pleaded, the assignee not being entitled to the rent as under the old demise, and the plea not shewing any new tenancy commenced between the defendant and the assignee. The Court gave leave to amend ; judgment for the plaintiff, nisi. [S. C. 1 H. & W. 262. 4 L. J. K. B. 239. Referred to, Towerson v. Jackson, [1891] 2 Q. B. 487.] Debt. The declaration stated that plaintiff heretofore, to wit September 2d, 1830, demised to defendant, and defendant took of plaintiff, divers mes-[691]-suages, &c., habendum to defendant, his executors, &c., from the day of the demise for seventy years then next ensuing, at the yearly rent of 401. therefore payable by defendant to plaintiff by equal quarterly payments in the year, viz., &c. By virtue of which demise defendant, on 2d September 1830, entered, &c., and was possessed, &c., from thenceforth until and upon March 2d, 1834, on which day 101. for a quarter's rent, ending on that day, was due from defendant to plaintiff, and still is in arrear, &c., whereby an actioti, &c. Plea, that, before the making of the demise, to wit, &c., plaintiff, being a prisoner within the meaning of stat. 53 G. 3, c. 102, 54 G. 3, c. 28, and 56 G. 3, c. 102, petitioned the Insolvent Debtors' Court for his discharge, and the Court, on January 28th, 1818, adjudged him entitled to the benefit of the statutes, and ordered him to be discharged ; and that, by force of the first-mentioned statute, all the estate, right, &c., of the plaintiff of and in the premises, immediately after such adjudication, became and were assigned and transferred to Thomas Henry Ewbank, as assignee thereof, appointed by the Court, upon the trusts, &c. Arid " That, after the said plaintiff had been duly discharged according to the provisions of the said statute, and after the making of the demise in the said declaration mentioned (the said plaintiff having been authorized and permitted by the said T. H. Ewbank, as such assignee as aforesaid, and by permission of the said Court after the said adjudication and discharge, and also by one George Shaw, who, afterwards and before the period...