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right of re

45. Sales without order commenced by owner or incum at law, and to any covenant or contract for or

brancer dying, $c. may be proceeded with by the newal; and the word "Lease" shall include an agreement person becoming entitled.

for a lease, and the estate or interest created or to be created 46. Purchase money on sale without order of the court to by such lease or agreement, and the expression “ Lease in

be applied according to the rights in the land. perpetuity" shall mean any lease or grant for one or more 47. Receipt of accountant general to be a sufficient dis- life or lives, with or without a term of years, or for years charge.

determinable on one or more life or lives, or for years abeo. 48. Where it shall appear that there is more than one lute, with a covenant or agreement in any of such cases

, incumbrance, court may direct proceedings to be whether in the same or in any other instrument, for the per.

instituted to ascertain priority of the same. petual renewal of such lease or grant, whether such lease 49. Application of surplus of purchase money.

shall be derived out of the inheritance or by way of under. 50. Money paid into court may be invested in the funds. lease out of any lease or other estate; and the word “ Incum. 51. Usher's poundage.

brance” shall mean any legal or equitable mortgage in fee, 52. Appointment of new trustees.

or for any less estate, and also any money secured by a trust

, 53. Where any annual charge, not being an incumbrance or by judgment, decree, or order of any superior court of under this act, shall affect any lund to be sold, the law or equity duly registered, and also any legacy, portion

, person entitled to such charge may release the lien, or other charge whereby a gross sum of money is secured same, &c.

to be paid on au event or at a time certain, and also any annual 54. Parties to whom the surplus of purchase money is charge which by the instrument creating the same, or by any

paid out of court liable to repay the money to par other instrument, is made re-purchaseable on payment of a ties proving a better title to the estate sold. Court gross sum of money; and the word "Incumbrancer" shall may require security for such repayment.

mean any person entitled to such incumbrance, or entitled to 55. Sale without order of the court not made bona fide require payment thereof; and the word “Possession" shall

for discharge of incumbrances to be treated as a include the receipt of the rents and profits; and the word breach of trust.

“Owner," as applied to land, shall include any person en. 56. No payment towards discharge of incumbrance, not titled in possession in fec simple or in tail, or quasi în tai,

being payment in full, shall affect right of incum- and any person entitled in possession for a life or lives, te brancer for balance.

for a term of years determinable on the dropping of any lite 57. Where incumbrancer shall be satisfied by payment or lives, or for a term of years of which not less than ning

out of any sale, &c., and other persons or lands ty-nine years are unexpired, not being a lessee at a rent, are liable, court may order proceeding to be insti- and also any person entitled in possession as teirant by the

tuted on such terms as it may think fit, &c. curtesy, and any person entitled in possession to the equity 58. No payment in respect of any incumbrance to impair of redemption or the property subject to the incumbrance,

any right of any persons out of whose estate the or to a trust for payment of the incumbrance, whether in same shall be made.

fee or for any lessor estate, and any feoffees or trustees for 59. Where an estate shall be ordered to be sold court may charitable or other purposes, entitled in possession; and the

empower the master to include in his report other word “ Owner," as applied to a lease in perpetuity or other interests in the same estate.

lease, shall include any person entitled in possession to the 60. Ifland sold shall be subject to a lease, 8c., compris- land comprised in such lease for the whole estate created

ing other land, master may apportion the rent, gc. or agreed to be created by such lease, or for any derivative 61, No person entitled to incumbrance shall be bound to

estate (created by settlement, or testamentary or other accept payment without six months notice, &c.

disposition thereof), quasi in tail, or for life or lives, or for 62. Where incumbrance included in the order for sale years determinable on the dropping of a life or lives, or for

shall not be payable or not ascertained, court may years of which not less than fifty years are unexpired, not

order a sum to be carried to the credit of same, 8c. being an underlease at a rent derived out of such lease, and 63. Pending proceedings court may appoint a receiver, any person entitled in possession to the equity of redem .

who shall be subject to jurisdiction of the court. tion or the property subject to the incumbrance, or to a 64. Court may appoint guardians of infants to act for trust for payment of the incumbrance, in any such lease in them for the purposes of this act.

perpetuity or other lease absolutely, or for any such deriva. 65. Court may appoint persons to act on behalf of luna- tive estate ; and the word “ Person," and the word tics, &c.

“Owner" shall extend to a body politic or corporate a 66. As to payment of costs.

well as to an individual; and the word "Month" shall 67. No petition for sale without consent where an incum

mean calendar month; and the word " Court" shall mean brancer is in possession, or during pending suits. the High Court of Chancery in Ireland; and the word Power to stuy pending suits. No suits to be com " Master" shall mean the master for the time being having menced pending proceedings under this act, with

the conduct of the reference ; and every word importing out leave of the court.

the singular number only, shall extend to several persons 68. Proofs of debts, &c. in a discontinued suit may be or things, and every word importing the plural number used in a reference upon a petition.

shall apply to one person or thing; and every word import69. Consent where necessary may by leave of the court ing the masculine gender only, shall extend to a female ; be given subsequently.

and words importing sale shall include the carrying into 70. Power to second or subsequent incumbrancer to

execution any contract for a sale under this act; and where redeem the prior incumbrances.

any act is directed to be done by or with respect to any 71. No petition for sale by assigneess of bankrupts or

person, or any consent to be given by any person, such insolvents, without consent of major part of creditors. act or consent may be done or given by the guardian of 72. Release of a portion of lands not to affect the validity such person being an infant, or by the committee of the of a judgment as regards the residue of such lands. estate of such person being an idiot or lunatic

, or by 73. Annual returns to be laid before parliament.

the husband of such person being a married woman 74. Short title.

(except that a married woman entitled to any land, estate, 75. Act to extend Ireland only, &c.

or incumbrance for her separate use for life, or • Whereas it is expedient to grant facilities for the sale greater estate, with or without power of anticipation, shall of estates in Ireland charged with incumbrances,' be it for the purposes of this act be considered as a feme sole); enacted that in this act the word “Land" shall extend to and this act shall operate as well with respect to any estate manors, advowsons rectories, messuages, lands, tenements, or incumbrance created before the passing of this act as rents, and hereditaments, whether subject to any fee farm with respect to any estate or incumbrance to be hereafter or other perpetual rent, with or without condition of re-entry, created. or otherwise, and whether corporeal or incorporeal, and the 2. That where land in Ireland shall be subject to any word “Estate” shall extend to an estate in equity as well as incumbrance the owner of such land may contract (subject

to the approbation of the court) for the sale thereof, freed thereof, for all purposes be deemed and takeu to be a general from all incumbrances, and such sale, if approved by the rule and order of the court. court, shall be carried in effect under this act; and such 9. Provided, and be it enacted, that the Lord Chancellor, owner or person being the first incuinbrancer on such land, with the advice aforesaid, in like manner as aforesaid, may or any person being an incumbrancer on such land in pos- make rules or orders rescinding or altering former rules or session of the title deeds relating thereto, without having orders. so contracted, may apply to the court for the sale of such 10. That upon the presentation of such petition, the Lind under this act.

court, either by an ex parte order, or on notice to such par3. That for the purposes of this act the land shall not ties as ought to have notice, may refer it to one of the masbe deemed subject to an incumbrance unless the same shallters to inquire as to the estate or interest of the petitioner affeet a term of fifty years unexpired, or a greater estate in in such land or lease, and as to the uses or limitations and such land, nor unless such incumbrance shall have been trusts to which such land or lease stands limited or settled, created by the owner of an estate of inheritance, but an and as to the incumbrances affecting the same (including incumbrance charged under a power created by the owner such as are claimed by the parties who come in under the of an estate of inheritance shall be deemed to have been said order as all others, as shall appear from the title deed created by such owner.

or on search or otherwise, and including also debts and in4. That where any lease in perpetuity, or any lease of cumbrances due to Her Majesty, her heirs and successors), land for a term whereof not less than sixty years shall be and as to the persons entitled under such uses or limitations unexpired at the time of such application as herein-after and trusts, and the persons in whom such incumbrances mentioned, shall be incumbered, the owner of such lease shall be vested, and as to the order and priority of such inin perpetuity or other lease as aforesaid, may contract, sub- cumbrances, and the amount due thereon respectively, disject to the approbation of the court, for the sale thereof, tinguishing principal monies from interest, and in case of a freed from all incumbrances, and such sale, if approved by niortgagee or other creditor in possession taking all just acthe court, shall be carried into effect under this act; and any counts, and with or without rests, as shall be just, and as to such owner of a lease in perpetuity or other lease, and also the value of the land or lease which shall have been conany person being the first incumbrancer on any such lease tracted to be sold, and also, whether any such incunubrances in perpetuity or other lease, or any person being an incum- shall affect any land or estate other than the land or lease brancer on such lease in perpetuity or other lease as afore-contracted to be sold, and whether such other land or estate said, and being in possession of the title deeds relating shall be liable in priority, or in equal degree, or in posteriorthereto, without having so contracted, may apply to the ity, and as to the title to the land or lease contracted to be court for the sale of such lease in perpetuity or other lease sold, and to the incumbrances, and as to the expediency of under this act.

sale, and if a part only, of any incumbered land or lease shall 5. That such lease in perpetuity or other lease, shall not have been contracted to be sold, whether such part be proper be deemed subject to an incumbrance where the same shall to be sold, and to make such inquiries relating to or affectaffect a derivative estate or interest only, or less than the ing such land or lease, and the incumbrances and charges whole estate created or agreed to be created by such lease thereon, as the court shall think requisite, and to report upin perpetuity or other lease, unless such incumbrance shall on the same; and the master shall have authority to direct have been created by the owner of or person entitled to the searches to be made for judgments, and searches of the whole estate created or agreed to be created by such lease registry, and in all other places, and inquiries as to the in perpetuity or other lease as aforesaid, but any incum- identity of any person or property; and in such report the brance charged under a power created by the owner of, or master may state any circumstances specially as the court. person entitled to such whole estate as aforesaid, shall be shall direct, or as he shall see fit; and the master shall be deemed to have been created by such owner or person so at liberty to make a separate report as to any of the matters entitled.

referred to him; and for any of the purposes of this act the 6. That every owner having contracted for sale, and said court shall have power to compel the production before every owner, or first or other incumbraneer being desirous the master, of all deeds and other writings relating to any to sell, may apply by petition to the Lord Chancellor, for property in question: provided that no incumbrancer, or carrying into effect such contract for sale, or for the sale other person being in possession of any title deeds of, or of such land or lease; and every such petition, and every relating to any property (and shewing right to hold the same subsequent petition, and other proceeding arising out of the as a security for a debt or charge), or lien shall be compelled same, shall be entitled " In the matter of the act to facili- to produce the same, unless it shall have been ascertained tate the sale of incumbered estates in Ireland,ex parte the by the report of the master that the money to be produced person presenting such petition,

by the sale of the property, and applicable to the payment of 7. That every petition for the carrying into effect such such debt, will be sufficient to pay the same; but such incontract for sale, or for the sale of such land or lease in cumbrancer or other person shall, on the order of the court, perpetuity or other lease, shall set forth the estate or inter furnish copies or abstracts of such deeds; and in every est of the petitioner in such land or lease in perpetuity or case in which such incumbrancer, having such right, shall other lease, and the uses or limitations, and the trusts to be required to produce such deeds or writings, or to furwhich the land or lease stands limited or settled, and the nish such copies or abstracts, the costs and charges of such incumbrances and other charges affecting the same, includ- production, or such copies or abstracts, shall be paid by the ing the crown rents and quit rents, subject to which such party requiring the same, or otherwise, as the court shall land or lease is contracted to be sold, and such petition direct; and all orders for the production and for the furshall be verified as the court shall direct.

nishing of copies and abstracts of any such deeds, may be 8. That the Lord Chancellor, with the advice of the made on persons residing out of the jurisdiction of the Master of the Rolls, from time to time may make any court; and all notices to be given under this act, may be rules or orders for the better carrying this act into effect, given and served out of the jurisdiction of the court; and and for the conduct of the proceedings under this act, and the powers, provisions, and directions of an act passed in that the same may be done with the least cost, and as the 41 G. 3 c. 90, shall extend to all orders to be made may be consistent with a due observance of the provisions under this act. hereof, and also for fixing the fees to be paid upon any 11. That all the laws, rules orders powers, and practice proceedings, and the cost thereof, so that such fees and in force, with respect to proceedings in the court in a suit costs shall never exceed such as are lawfully received on for foreclosure or redemption of a mortgage, or for sale of similar matters : provided, that such rules and orders shall estates for payment of incumbrances or debts, shall apply* be laid before both houses of parliament within one month to the proceedings under this act; and all such proceedings. from the making thereof, if parliament be then sitting, or, by way or in the nature of further directions and otherwise, if parliament he not then sitting, within one month from in case of a sale under this act, may be had and taken as in the commencement of the then next session of parliament; case of a decree for sale; and in every proceeding under and any rule and order so made, shall, from the making this act, the court shall (except in the case herein-before

mentioned and provided for) have full discretion as to the and all notices under this act may be served out of the giving or withholding costs and expenses, and as to the jurisdiction of the court, and the court may direct substi. persons by whom, and the funds out of which the same tuted service thereof in any case; and in case any incum. shall in the first instance, or ultimately be paid, repaid, brancer or party interested, having been served with any and borne, and shall and may apportion the same amongst such notice, neglect to appear in the master's office, or to such parties, and in respect of interest or principal, and in file a charge, the court, on the application of any party

, respect of rents, or income and corpus, as it shall see ft; may make an order on motion of course, that such incum. and that under every reference to the master under this brancer shall be bound by the proceedings as if he had been act, he shall proceed in like manner, and with the like a party thereto, or such other order as the court shall think powers and authorities in all respects, and all orders and fit, and thereupon it shall be lawful to proceed notwith. proceedings of, and before the master shall be enforcible in standing the absence of such party; and if it shall appear like manner, as in case of a reference under such decree as to the satisfaction of the master, that any person to whom aforesaid; and all persons parties to any proceedings under notice ought to be given, cannot be found, or cannot be this act, by contracting for the purchase of any land or served with notice, the master may state in his report the lease, or by making any application to the court, or by sub- name of such person, and the circumstances under which mitting to the jurisdiction of the court, or by attending notice was not or could not be given to him: provided that before the master in the course of such proceedings, or by after such order, it shall be lawful for the master, at any otherwise concurring in any such proceedings, and the re- time in his discretion, to admit, and for the court, on such presentatives of such persons, and all persons claiming un- terms as it shall think proper, tg order thim to admit, any der them, by their act, or by act of law subsequent to their party against whom such order shall have been made, ta becoming subject, as next herein-after mentioned, shall for attend and proceed before him as if no such order had been the purposes of this act, be subject to the jurisdiction of wade : provided, that the parties against whom such order the court, and to all orders of the court and of the master, shall have been made, shall not thereby be excluded from in the course of any such proceedings, in like manner, and sharing in the proceeds of such sale, under the direction of as fully as parties to a cause pending in the court are sub- the court, or from any other benefits of this act, consistent ject to the jurisdiction of the court in such cause.

with effect of such order, or with such discretions as tha 12. That it shall not be necessary for any person think-court may make. ing himself aggrieved by any report of the master to take

(To be continued.) exceptions; but it shall be incumbent on all persons parties to proceedings, or coming in before the master, to carry in objections in the usual manner, to the draft of the report ;

Just published, 4th Edition, 12s. 64. cloth boards, be heard against the report, without special leave of the CHANCERY in IRELAND, with the authority of the Masters, with and any such person

omitting so to object, shall not afterwards THE PRECEDENTS AND GENERAL ORDERS for court; and every proceeding before the court shall be car- Practical Notes and References. By THOMAS JOHN BEASLEY, AN. ried on by petition or motion, in a summary way, or as the


NB_This Edition contains all the Orders of the Court of Chancery up court may order ; and proceedings under this act shall not to the day, with the Sections relating to the Master's Office of the Ad abate, nor be suspended by any death, transmission or

to Facilitate the Sale of Incumbered Estates in Ireland. change of interest, except so far as it shall be necessary Ormond Quay. London : Stevens and Norton, Bell-Yard, Lincoln's Im,

Dublin : T. O'GORMAN, Law Bookseller and Publisher, 33, Upper for the carrying on of any such proceedings, that any person not before the court shall have notice of, or be required to attend such proceedings.

Just published, in 2 vols, royal 8vo. price £2 10s, boards, 13. That in case of death, or transmission, or change of THE LAW OF HUSBAND AND WIFE. A Treatise

on the Law of Husband and Wife as respects Property, partly foundel interest, and wherever, after the presentation of a petition

upon Roper's Treatise, and comprising Jacobs' Notes and Additions thereto, for confirming and carrying into effect a contract for sale, By J. E. BRIGHT, Esq. of the Inner Temple, Barrister-atelow. or for a sale, the direction of the court shall be requisite

London: William Benning and Co., Law Booksellers, 43, Fleet Street for carrying on the proceedings, or for effecting the objects thereof, it shall be lawful for any person interested

in such LEGAL AND HISTORICAL DEBATING SOCIETY, proceedings, to apply to the court for an order for any such purpose, and the court may thereupon make such order as A Meeting of the Members of this Society will be beld in their Room it shall see fit.

No. 45, MOLESWORTH STREET, on FRIDAY EVENING, the Moth 14. That when, upon a petition for confirming and car- February. Chair to be taken at Eighi o'clock precisely.

SUBJECT FOR DEBATE rying into effect a contract for sale, or applying for a sale, " Will the Court of Chancery grant an injunction to restrain the publi. any reference shall have been made to the master, he shall cation of a bona fide abridgement of a work, on the application of the cause an advertisement to be published, at least once in

author of the original work p two successive weeks, in the Dublin Gazette, and in such Oxford, and Cambridge, are eligible for admission.

Barristers, Law Students, and Graduates of the Universities of Dublin, daily, or other journals or newspapers in Ireland or England,

Members who have changed their residences, or who have friends to or both, as the master shall think fit, stating the name or propose, are requested to communicate with the Secretary. title of the petitioner; and in case the petitioner shall not

JAMES F. WRIGHT, Esq. 11, Lower Ormond Quay. be the owner, the name or title of the owner, and the denomination or short description of the land or lease con. tracted to be sold, and the county wherein the same shall


PROFESSED TROWSERS MAKER, be situate, and any other matters the master may think fit;

9, ANGLESEA-STREET. and tixing a day whereon the master will enter upon the consideration of the matter referred to him, and requiring

All communications for the IRISH JUBIST are to be left, addressed all persons having incumbrances to come in and prove them to the Editor, with the Publisher, E. J MILLIKEN, 15, COLLEGE

15. That no error or imperfection in any such advertise- GREEN. Correspondents will please give the Name and Aderes, at the ment shall vitiate the proceedings under such reference, Communications nor will the Editor be accountable for the return of unless the court, upon application or otherwise, shall de Manuscripts, &c. termine that it ought to do so.

Orders for the IRISH JURIST left with E, J. MILLIKEN, 15, COL 16. That the inaster, before proceeding upon any of the LEGE GREEN, or by letter (post.paid), will ensure its punctual delivery inquires directed by such reference, and also from time to in Dublin, or its being forwarded to the Country, by Post, on the day of time under such reference, or under any further reference

publication. in the same matter, as, and when it shall seem to him fit

TERMS OF SUBSCRIPTION-(payable in advance): ting, shall cause notice to be given in such form as he shall Yearly, 30s. Half-yearly, 178.

Quarterly, 9s. thiuk proper, to all persons who shall appear to him to have

Printed by THOMAS ISAAC WHITE, at his Printing Office, No 6 any interest in the subjects of such inquiries, and whose FLEET STREET, in the Parish of St. Andrew, and published at 18 attendance shall appear proper, that he is about to proceed SOLLIKEN, residing at the same place, all being in the County of the or that he is proceeding in the matter of such reference ; | City of Dublin. Saturday, February 10, 1949.

Irish Jurist

Per Annum, £i 108.

No. 16.--VOL. I.
FEBRUARY 17, 1849.

Price {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 :-
Court of Chancery, in-

ROBERT Long, Esq.,

Court of Exchequer S John BLACKHAM, Esq., and cluding Bankruptcy


A. HICKEY, Esq., Barristers-atAppeals ...

Joux Pitt KENNEDY, Esq., Bar-

Queen's Bench, includ- ( FLORENCE M'CARTHY, Esq., and
WILLIAM BURKE, Esq., and ing Civil Bill and Re- 3 SAMUEL V. Peet, Esq.,
Rolls Court............. WILLIAN John DUNDAS, Esq., gistry Appeals......... Barristers-at-Law.

Exchequer of Pleas, in- ( Chas. H. HEMPHILL, Esq., and CHARLES HARE HEMPHILL, Esq. cluding Manor Court WILLIAM HICKSON, Esq., Bar

and Equity Exchequer.....

and Registry Appeals. risters-at-Law.
risters-at Law.

Common Pleas... { ROBERT GRurpin, Esq., Barris



it will be deliberately contemplated, when legis. DUBLIN, FEBRUARY 17, 1849.

lating on this question, to improve Ireland by consigning a third of her inhabitants to starvation.

If the legislature will not permit this result to

to dering each estate responsible for the support of ensue, provision against it must be made, either by

grants from the imperial treasury, or by a rate the pauperism existing upon it, there are two con- in aid. Aicting interests to be considered—the interest of

The result of grants from the treasury would the owners and the interest of the occupiers. be, to benefit the estates which could support themThere is also the effect of the system (* ?', coun

selves, by freeing them from contributing, throngh try generally. In every statement a

a rate in aid, towards the support of their poorer on this subject, the interest of the prop....veo has neighbours on the distressed estates. If the grant been too exclusively considered. As to them, a

As to them, a only supplied what the estate could not, the popularge class would, no doubt, be decidedly bene. lation of a distressed estate would be kept alive, fitted owners who have resources at command, but the estate not benefited. whose properties are unemcumbered and not over

A rate in aid would lead to a tax over the whole peopled.

surface of the country, and which—if a very There is another, and a still larger class who moderate limit were not fixed as the maximum of would be ruined—men who have no resources, taxation—would, by throwing the distressed diswhose properties are incumbered, and whose estates tricts out of cultivation, have a tendency to inare over-peopled.

crease. This tax would, at the very first, be not The first class of owners would feel but lightly very different from a general tax, irrespective of the onus of employing or supporting the poor on localities. their estates—their estates would be benefitted by

The consequence to the country generally, of the employment given, and their people fed.

invividualising responsibility would necessarily be The estates of the second class of owners are a law of settlement of the strictest possible chagenerally unequal, at present, to support their racter. As to the effect of such a law on the population, and even the few which can yet do so, prosperity of a country, it is useless to theorise ; it if burthened with individualized responsibility, will has existed in England for centuries, and every rapidly deteriorate. No farmer would cultivate writer of eminence bears testimony to the evils land, the profits being absorbed in poor-rate ; thus it has wrought upon the prosperity and morals of on these estates no employment would be afforded —they would go out of cultivation, and the popu

Sir William Blackstone (vol. I, p. 361)—10 mean lation starve.

authority in the eighteenth century, after stating A rigid adherence to making each estate respon- that the object of the statute of 43 Eliz. c. 2, was, ible for the support of its own poor, would soon first, to relieve the impotent poor, and them only ; get rid of the Irish difficulty;" as the population secondly, to find employment for such as are able of the distressed districts would rapidly be reduced to work,'observes, “ the only defect was confining to what each estate could support ; and the expense the management of the poor to small parochial of supporting an unprofitable population being districts, which were frequently incapable of fur.. removed, the estates themselves might be expected nishing proper work, or providing an able director. to improve. However, we do not anticipate that However, the laborious poor were then at liberty

the poor.

to seek employment wherever it was to be had," that the labourers of the parishes with which he none being obliged to reside in their places of set- was connected were fully aware that it was not tlement but such as were unable or unwilling to their interest to advance their condition by the work.” And a little farther on—"After the Restora- acquisition of property”--that “when the gentle. tion, a very different plan was adopted, and which men in the neighbourhood of Henley contemhas rendered the employment of the poor more diffi- plated the establishment of a savings bank, he cult, by authorising the sub-division of parishes; thought it his duty to address the young men on has greatly increased their number by confining the subject, after morning service, and urge upon them all to their respective districts ; bas given them the propriety of saving, for their protection birth to the intricacy of our poor laws, by multi- against the contingencies of sickness and old age 1 plying and rendering more easy the methods of He was listened to attentively, and asked, whether gaining settlements; and, in consequence, has cre- he honestly thought it would not be for the benefit ated an infinity of expensive lawsuits between con- of the parish, more than of themselves, if they tending neighbourhoods, concerning these settle- saved ? and that, on consideration, he could not ments and removals."

state that it would be for their benefit to save." Notwithstanding numerous attempts made from The decided conviction of the whole body of time to time to remedy the defects of the English the labourers was, that any saving would be for poor law, the evils of the system reached such a the benefit of the parish and the farmers, and not height in 1833, that a commission of inquiry was for the benefit of the individual saving." issued the evidence is condensed in a volume Here is an exhibition, in practice, of the natural entitled, “ Extracts from the Information received result of confining labourers to a small district of by his Majesty's Commissioners as to the Adminis- parish, and, at the same time, requiring the farmers tration and Operation of the Poor Law. Published and owners of property to relieve its pauperisin. by authority." The evidence as to the tendency And is not this what is meant by property supportof a strict law of settlement for paupers, is to the ing its poverty ? following effect—that the general effect of the The evidence contains the most disgusting insystem is, to stop the circulation of labour (p. 267)— stances of immorality, both in the rate-payer and that the consequence of a labouring man having been in the pauper, from the endeavour of the first to frugal, and having saved money, was, that no one prevent, and the second to gain, a settlement-for would employ him"_" he must be reduced to a these we must refer our readers to the book itself. state of beggary before any one would employ The report of the Rev. H. P. Jeston, Rector of him”—“he cannot get work in his own parish, the parish of Cholesbury, representing the state of and he will not be allowed to get work in other his parish, gives a picture so similar to the preparishes.” The witness says_“A labouring man sent state of many of the distressed localities in who saves, where such an abominable system pre- Ireland, that we cannot avoid transcribing it: “ The vails, is foolish in doing so”_" as far as the circu- present state of the parish (January, 1833) is this, lation is concerned, the evil can only be put a stop the land almost wholly abandoned (sixteen acres to by utterly abolishing the law of settlement, and only, including cottage gardens, being now in culestablishing an uniform national rate, so as to allow tivation)—the poor thrown upon the rates, and set a man to be relieved at the place where he is in to work upon the roads and gravel pits, at the want, instead of being pinned to the soil." expense of another parish ;" and he observes, " so

Now, all through this evidence--though many long as it continues a parish of its present small witnesses find fault with the system of confining extent, with its present number of poor, the propaupers to parishes--there is not one who views perty must be an incumbrance to the proprietor; this restriction as encouraging to enterprise ; for he can expect no rent, the rates assessed upon and would not the individualizing of responsibility the land far exceeding its value." On this comeffect this “pinning to the soil,” which in England munication, the Assistant Poor Law Commissioner was complained of so universally?

made the following observations :—“ It is obvious Besides instances of labourers who would have that the instant the poor rate exceeds the nett removed, if they could, before they became pau surplus produce, the existing cultivation becomes pers, there is evidence, also, of another and more not only unprofitable, but a source of absolute numerous class—where labourers would not re- loss; and that as every diminution of cultivation move, even where advantageous opportunities for has a double effect in increasing the rate on the so doing offered, lest, by so doing, they might lose remaining cultivation--the number of unemployed their settlement.

labourers being increased at the same instant that The Rev. R. Bailey, Chaplain to the Tower, the fund for the payment of rates is diminishedand who is stated as having had extensive oppor. the abandonment of property, where it has once tunities of observing the operation of the poor begun, is likely to proceed in a constantly accelelaws in the rural districts, states, that he considers rated ratio.”—p. 89. “ the present law of settlement renders the peasant, Must we never profit by the experience of to all intents and purposes, a bondman; he is Others ? Must Ireland go through years of misery, chained to the soil by the operation of the system, as England did, to learn that a stringent law of and it forbids his acquiring property, or enjoying settlement is ruinous to the proprietor and to the it openly or honestly.” “There is no doubt that farmer, and demoralizing to the pauper? Ireland if the labourers were freed from their present is not yet entangled within the meshes of this trammels, there would be such a circulation of system—she may yet avoid it--but let her prolabour as would relieve the agricultural districts" prietors and great ones reflect, that if they once

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