of his decisions, would he not also deprive the public and the Professions? rest that presents itself, to comment upon decisions whether in England or in Ireland with deference, but with perfect independence,-resolved to write with candour, with impartiality, and with good Whatever may be his determination, we shall continue hereafter, as heretofore, to report as faithfully as in us lies, to discuss every question of legal inte- | temper, Encumbered Estates Court. PETITIONS PREsented from November 8, to December 4, INCLUSIVE.—1418. CONDITIONAL AND ABSOLUTE ORDERS AND POSTINGS FOR SALES MADE DURING THE WEEK, ENDING DECEMBER 4, 1850. Solicitor. Jan. 31, 1851, Thomas Ardill. Jeremiah Mara. W. T. Kent. R. T. Harvey. Dec. 13, 1850, Thomas Carmichael. Feb. 21, 1851, April 8 ...... Dec. 2 ...... ..... ... ...... 25, John Gardener. Hugh Wallace and Co. Henry Bastable. David A. Nagle. Thomas M.Mahon. Foots & Fitzsimons. A. Collum. S. F. Adair. Orphen and Co. Same. Irvine and Read. Furlong and Latouche. Edward Carr, Jun. John Bates. Henry G. Kelly. R. D. Murphy. Murdoch Green. Robert R. Todd. Edward White. William Fry. Edward White. James Lane. Thomas Croker. Just published, price 5s.; by post 5s. 6d., RUSSELL ON ARBITRATION. THE NEW JUDGMENT ACT, 13 and 14 Victoria. A TREATISE on the Power and Duty of an ARBI. Chap. 29, (1850) with Introductory Treatise, Commentary, &c., &c., and Copious Index. This day is published, price ls.; by post, Is. 2d. TRATOR, and the Law of Submissions and Awards; with an Appendix of Forms, and of the Statutes relating to Arbitration. By FRANCIS RUSSELL, Esq., M.A., Barrister-at-Law. 1 vol. 8vo, bá. £1 68. A 1 vol. 12mo. price 6s, bds. TREATISE ON THE LAW relating to MINES. By R. P. COLLIER, Esq., of the Inner Temple, Barrister-at-Law Recorder of Penzance. BAYLEY ON BILLS OF EXCHANGE. SUMMARY of the Law of Bills of Exchange, Cash Bills, and Promissory Notes. By SIR JOHN BAYLEY, Knt. Sixth Edition, by G. W. DOWDESWELL, Barrister-at-Law. 1 vol. Svo £1 2s. BURGE ON THE LAW OF SURETYSHIP. COMMENTARIES on the Law of SURETYSHIP, and the Rights and Obligations of the parties thereto. By WILLIAM BURGE, Esq. Q C. M.A. &c. 1 vol. 8vo. 18s. A RETORT ECHO TO THE VOICE OF THE BAR, OR THE DOCTRINE of EQUITY: being a Commentary the REIGN of MEDIOCRITY. Just Published, price 3s. bds., by post, 3s. 6d. A COMMENTARY UPON THE 13 VIC. CHAP. 18. AN ACT for the AMENDMENT of PROCESS and PRACTICE in the SUPERIOR COURTS of COMMON LAW in IRELAND, with all the Reported Decisions upon the Analogous Statutes in England up to the latest period, with an Appendix, containing the Statutes, Orders, Forms of Affidavits, and a Copious Index. By JOHN BLACKHAM, Esq., Barrister-at-Law. Author of "A Treatise on the Law of Interpleader," Irish Law Reports," &c. OPINIONS OF THE PRESS. "Digest of the "A perusal of the Commentary shews that the author has been solici tous, within the brief time allowed him, to render it of value to the legal world-and he has not failed of effecting his object.”—Saunders' News Letter. on the Law as administered by the COURT OF CHANCERY. By JOHN ADAMS, Jun., Esq., Barrister-at-law. I vol. 8vo. price 21s. BEST'S PRINCIPLES OF EVIDENCE. A TREATISE on the Principles of EVIDENCE and PRACTICE as to Proofs in Courts of Common Law; with Elemen. tary Rules for conducting the Examination and Cross-examination of Witnesses. By W M BEST, A. M. LL.B., Barrister at Law. 1 vol. 8vo. cloth, 18s. ANGELL ON THE LAW Of Carriers. TREATISE on the Law of CARRIERS of GOODS and PASSENGERS by Land and by Water. By S.K.. ANGELL Esq., Barrister-at-Law. 1 vol. royal 8vo. bds. 25s. A THE LAW RELATING to TRANSACTIONS on the STOCK_EXCHANGE. By HENRY KEYSER, Esq., othe Mid dle Temple, Barrister-at-Law. I vol. 12mo, cloth bds. 8s. The Commentary bears sufficient evidence of acute and experienced A TREATISE ON THE LAW OF MORTGAGE. study to merit our reliance and approval, &c "—World. "Under the 26th sect. Mr. Blackham has a very useful collection of cases decided upon an analogous English statute, as to the jurisdiction of a Judge sitting in Chamber, &c."-D. E. Post. "It seems to be very carefully prepared, and will be a necessary work to the Attorney, and a very useful companion to the Barrister on Circuit." -D. E. Mail. "Mr. Blackham is already favourably known to the legal profession as the author of a Treatise on the Law of Interpleader, a Digest of the Law Reports. While his labours in connexion with the Irish Jurist' have rendered effective service to the cause of Law Reform, &c."—Advocate. Just published, price ls. ; by Post, ls. 6d. By RICHARD HOLMES COOTE, Esq. Barrister.at.Law. 3rd edition by the same Author, and by RICHARD COOTE, Esq., of Lincoln's Inn, Barrister-at-Law. 1 vol. 8vo. price 17. 10s. DIGEST of CASES decided in the Court of Arches, the Prerogative Court of Canterbury, and the Consistory Court of London, and on Appeal therefrom to the Judicial Committee of the Privy Council; with references to the leading analagous Decisions in the House of Lords, and the Courts of Law and Equity, and to the several Statutes and Text Books which bear on questions within the Jurisdiction of the Ecclesiastical Courts, By ALFRED WADDILOVE, D. C. L., Advo cate in Doctors' Commons, and Barrister-at-law of the Inner Temple. I vol. royal 8vo., price 11. 5s. bds. ROGER'S ECCLESIASTICAL LAW. OBSERVATIONS on the ACT to regulate the Proceed-A Practical Arrangement of ECCLESIASTICAL LAW. ings in the High Court of Chancery of Ireland, 13 & 14 Vic. c. 89. A Pamphlet, by ALFRED M'FARLAND, Esq. Second Edition, considerably enlarged. By FRANCIS NEWMAN ROGERS, Esq., Barrister-at-Law. 1 vol. 8vo. El 16s. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Name and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications-nor will the Editor be accountable for the return of Manuscripts, &c. Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL LEGE GREEN, or by letter (post-paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication. TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Frish Jurist No. 111.-VOL. III. DECEMBER 14, 1850. PRICE Per Annum, £1 10s. Single Number, 9d. The Names of the Gentlemen who favour THE IRISH JURIST with Reports in the several Courts of Law and Equity in Ireland, are as follows: By studying the old reports, and by gradually tracing in the modern decisions the changes that have taken place from time to time we become fully acquainted with the legal jurisprudence of our country. For these reasons the re-publication of one of our old standard authorities is always a boon to the Profession; by its means we are enabled to discover the leading cases upon each subject, and by referring to it see at a glance every change that has been wrought by the lapse of time, by an alteration in the policy of the law, or by the repeal of old, or the enactment of new statutes. "Smith's Leading Cases" have, for this reason, been long popular with the Profession. Mr. M'Naghten, in the volume before us, following his idea, has published, with valuable notes, all the select cases tempore Lord Chan cellor King." Mr. M.Naghten is already well known to the Profession as one of the Editors of M Naghten's & Gordon's Reports in the Court of Chancery in Eng land. His notes are clear and concise, and contain a mass of valuable matter in an unusually small compass. The Reports tempore Lord Chancellor King are well known to the Profession as containing often the first, and in many instances the only decisions upon very abstruse or important branches of Equity; and the author has availed himself of these cases with great judgment. In Edwards v. Heather, which decides that an agreement, if unreasonable, though Select Cases argued and adjudged in the High Court of Chancery before Lord Chancellor King, by STEUART MACNAGHTEN, of the Middle Temple, Esq., Barrister-at-Law. London: Stevens and Norton. Dublin Hodges & Smith, 1850. in part executed, will not be specifically decreed, he takes the opportunity of examining the law upon that important subject. Whitacre v. Whitacre decides that trustees or persons acting under them cannot be purchasers. many of the great principles that arise upon this point are enumerated and commented upon. In Jordan v. Foley the obligations of the husband and of a feme covert are examined. In Christmas v. Christmas, which decides that when an agreement is reduced to writing, all previous treaties are resolved into that. In the notes to this case Under this case the Editor comments with much care upon the conflicting decisions upon the principles upon which the marshalling of assets this subject. In Coppin v. Coppin, he reviews is based, and the cases in which the legatee will be entitled to have recourse to the legal estate, particularly to the cases in which a creditor or legatee might assert in his own favour the lien of the unpaid vendor. The law so far as it affects purchasers for value with notice is reviewed in Harry v. Woodhouse. In reviewing Blackway v. Earl of Strafford, subsequently reversed by the House of Lords, he examines the doctrine of the equitable recognition of debts, once legally extinct, and the bearing of the modern construction of the Statute of Limitations upon the subject, as well as the numerous and nice cular time when it commences to run. In Nutt v. distinctions that have been drawn as to the partiBurrell, reviewing concisely all the law of forfei ture, attached as a condition to a grant or bequest, such as conditions not to dispute a will, &c., and where a condition is merely held over in terrorem, or a substantial part of the grant, and also the impor· tant distinctions drawn between a condition prece.. dent and subsequent. Under this category corresponding conditions in restraint of marriage, or during celibacy, and gifts to a man until his bankruptcy, with or without remainders over, and how such gifts are affected by his bankruptcy,-all of which are handled in a clear, concise, and practical form. In the next case, Lord Lucy v. Watts, the whole law relating to the admission of parol evidence in order to contradict the terms of a written contract or instrument, are ably compressed in a very narrow compass. In the case of Sir John Fryer, Knight, v. Mary Vernon, the jurisdiction of the Court of Chancery in England to issue a sequestration for contempt against the lands of a person resident in Ireland, was considered and denied. Under this head the decisions as to the jurisdiction of the Court of Chancery, where the subject of the suit is in a foreign country, are collected. [See as to the jurisdiction of the Court of Chancery in England to appoint a receiver over land in Ireland, In the matter of the Estate of the Earl of Portarlington, (8 Ir. E. R. 369.)] On the whole we consider this a work we can safely recommend to the Profession. Court Papers. Chancery. December 12, 1850. Master Murphy has intimated that he and his brother Masters have adopted the rule of requiring that counsel open every petition, referred to them under the Chancery and Trustee Acts; and that the Master would require such counsel to furnish in writing the order required to be made on such petitions, with reference to the accounts to be taken, the ad. vertisements required, &c. Encumbered Estates Court. The full court will sit upon Wednesday, Thursday, Friday, and Saturday in the ensuing week. Encumbered Estates Court. PETITIONS Presented FROM DECEMBER 5 TO 11, INCLUSIVE.-1442. CONDITIONAL AND ABSOLUTE ORDERS AND POSTINGS FOR SALES MADE DURING THE WEEK, ENDing deceMBER 11, 1850. Anne Croker, ... Alexander Clendenning, NOTICE OF SALE. IN THE COURT OF THE COMMISSIONERS FOR THE SALE OF INCUMBERED ESTATES IN IRELAND. In the Matter of the Estate of The Right Honourable Stephen, Earl of Mountcashell, Owner and Petitioner. the unsold Lots of the Estate of the Right PURSUANT to the Absolute Order for a Sale made in this matter, bearing date the 26th day of January, 1850, by the directions of the Commissioners, On TUESDAY, the 17th day of DECEMBER, 1850, at the hour of Twelve o Clock Noon, at the AUCTION ROOMS, 7, CASTLE PLACE, OBSERVATIONS. 58 4 1 176 18 1 125 0 0 28 7 9 129 12 1 114 9 0 250 13 9 This Lot is situate in the vicinity of the The farm houses and offices on these town- The Rental of this Lot will increase on the The tenants on this Lot are of a most indus. { The new line of road from Broughshane to This Lot is held by one tenant by lease for On this Lot are situate the beautiful and ro. This Lot is situate on the river Braid. The This Let is held principally on old leases for [The rents on these Lots are well paid. They The tenants on this Lot are very respect. This Lot is held principally on old leases for This Lot is partly held on old leases for lives, 433 16 3 23 Buckna, also Bog Lot 10 24 Rocavan, Clougin-7 Lot 13 lygally 25 Rooghan 26 Ballynacaird, and Bog Rents on |