« EelmineJätka »
get in, they will find it very difficult to disentangle take care that no additional families shall intrude themselves.
on him ; he will also employ or feed only his own -Facilis descensus averni est,
poor. Here we recognize the features of a most Sed revocare gradum, ...
stringent law of settlement; each pauper is fixed Hoc opus hic labor est.
to a particular estate, and confined within its limits It may be said, that the evils detailed in the as completely as if it were bounded by an impassevidence alluded to, were removed by a subsequent able barrier. The universal operation of such a act, but it must not be forgotten that these evils system would lead to a total stagnation of labour, were the consequence of, and attributed to, a and reduce the pauper to a serf-he might well stringent law of settlement, and yet not so stringent envy the beast of the field, who would pass into as that now demanded by that body of the Irish richer hands when his owner became unable to feed proprietors who insist that each estate must support him. its own poor.
Who are those who demand this individualizing To remedy those evils, the 4th & 5th Wm. 4, of responsibility ? Surely not the owners of proc. 76, was passed. On this occasion, as the Roman perty who have no capital, whose estates are emsenate had recourse to dictators in cases of great barrassed and overpeopled. Let the rich owners emergency and danger, so the legislature bad of unembarrassed property beware, lest, lured by recourse to the Poor Law Commissioners to extri. the prospect of a transient advantage, they may cate them from the difficulties in which they found place themselves within a system of machinery the country involved. However, there is this great which will eventually crush them. Individualizing difference between the two appointments ---the responsibility will ruin many estates, rates in aid Roman dictator was called into power for a very will follow limited period, to put an end to the difficulties of
“ Eheu! his country, whilst the Poor Law Commission bids Quam temere in nosmet legem sancimus iniquam." fair to be perpetual; and there is no anticipation of its putting an end to the embarrassments which will be less slow than English in discovering that,
Do they expect that Irish peasants and labourers called it into existence.
In the act, likewise, the legislature has declared by improving their circumstances, they are not its opinion as to the effect of confining the labouring benefitting themselves, but the proprietor? Do they poor within very confined districts; far from allowing parishes to be still further subdivided, it English in discovering reasons why they should not enacts in the 26th section, “that it shall be lawful
be burthened with a particular pauper, or less for the Poor Law Commissioners, by order made legal rights? Do they imagine they will get Irish for the Poor Law Commissioners, by order made strenuous in asserting their supposed or invented parishes as they may think fit, to be united for the paupers to work without an object to gain, and administration of the law for the relief of the poor, have something to litigate for?
Irish landlords to refrain from litigation when they and such parishes shall thenceforth be deemed a union for such purposes." Again, in the 330 sec. much advantage to the public, have studied the
The framers of the Irish Poor Law might, with it enaets “ that it shall be lawful for the guardians following passages from Blackstone :-of parishes to agree that, for the purposes of settlement, such parishes may be considered as one Elizabeth more humane and beneficial than even
“A plan was formed in the reign of Queen parish, and the settlement of a poor person in any one of the parishes of said union shall be consi feeding and clothing of millions, by affording them dered, as between the parishes, a settlement in the means, with proper industry, to feed and clothe
themselves ; and the farther any subsequent plans ment of England, who were well acquainted with institution, the more impracticable, and even per: ment of England, who were well acquainted with for maintaining the poor have departed from this the effect of a stringent law of settlement, thought nicious, their visionary attempts have proved.” it would be for the advantage of the country to facilitate the circulation of labour-a salutary
“ There is not a more necessary or more certain principle, which has obviated many of the evils it maxim in the frame or constitution of society, than was introduced to counteract, and which is re- order to the well being of the community, and
that every individual must contribute his share in garded with such apprehension by the majority of surely they must have been deficient in sound Irish proprietors.
Amongst the many evils incident to the law of policy who suffer one-half a parish to remain idle, settlement, the amount of litigation occasioned by dissolute, and unemployed, and are at length it must not be considered as unworthy of notice. amazed to find that the industry of the other half This arose to such a height as in the 11 & 12 Vic.
is not able to maintain the whole." to call forth a special act of parliament to check it. And though, since then, litigation may have been diminished, there is yet quite enough, arising from A Treatise of the Law of Property, as adminisdisputes as to settlement, to occupy the almost
tered by the House of Lords. By Sir EDWARD exclusive attention of the English Quarter Session
SUGDEN. London, Sweet. Courts.
A MIND 80 active as that of the author could not Does any one deny that individualizing re rest happy without occupation, and our Ex-Chansponsibility will lead to a law of settlement If cellor has employed the period of his judicial leisure each proprietor be held responsible for the support in the production of the work, the subject of our of the poor on his own estate, he will, doubtless, notice. It speaks well for that constitution of mind,
which, after a life of no ordinary mental activity, Exchequer, who declined to make any other order
. can find itself so braced to labour and intellectual and on its coming back to the House, that order exercise, as still to devote itself to toil, and, with was reversed without argument. out the necessity of exertion, to exert itself.
Such being the limits of the jurisdiction, has it The author brings to his task qualifications pecu- been, or is it satisfactorily exercised? liarly adapted to its successful accomplishment. We give the quotations of our author, which His work, above all others, is not « written to-day prove that in the mean, low, and profligate age in from the learning of yesterday;" neither is his which Charles the Second reigned, it was not. Sir knowledge gained as he writes--as is the case of Mathew Hale observes, “Whatever the extraction many a literary journeyman, who commences his of men be, yet they were not born with the know. subject trusting to readiness of perception rather ledge of the municipal laws of a kingdom, nor than profundity of knowledge, and when it is com- could be supposed to be inspired with the knew pleted, only then begins thoroughly to understand ledge of the law by the acquest or descent of a it; but the criticisms of Sir Edward Sugden are title of honour......... They daily observed that in the result of thorough familiarity with the matter particular cases when they came before a multitude criticized—a familiarity derived from the study of of judges, especially that were great men, and there. a long life, quickened by the knowledge acquired as fore not easily controllable, persons concerned in Advocate, sobered by that gained as Judge, and suits met with some that were their kindred, friends
, stimulated by a sense of self-love ; for no one likes favourers, landlords, tenants, or relatives, and it was a decision to be reversed by a tribunal which is not grown a fashion in the Lords' House, for lords to acquiesced in as the most competent.
patronize petitions—a course that, if it were used by The first part of the work is devoted to a brief the judges in Westminster Hall, would be looked on historical sketch of the history of the jurisdiction of even by parliament itself, as undecent. Such addresses the House of Lords, and a very meagre statement were undecent, indeed intolerable to be found among of the various plans proposed for its amendment. judges, who must not know persons in judgment
, The writing is always perspicuous, a characteristic nor be sweetened by such kind of applications.** which attaches to all the other works of the author. And Lord Shaftesbury, in his speech in Dr. Without being an original or bold thinker, he is an Shirley's case, “prayed the lords to forgive him, excellent workman; he arranges his materials skil. if, on this occasion, he put them in mind of comfully, with great regard to order, method, and mittee dinners, and the scandal of it, those drores arrangement; and his compositions are always well of ladies that attended all causes; it was come to finished.
that pass, that men, even hired or borrowed of their We pass over the well-known historical fact, that friends, handsome sisters or daughters to deliver the House of Lords had no inherent jurisdiction their petitions. But yet, for all that, he must say, either to hear causes or appeals, and that the right that their judgments had been sacred, unless in one to the latter, after violent contests with the House or two causes." of Commons, was at length established in 1675, in We shall probably be excused for our increduDr. Shirley's case. The bounds of that jurisdiction lity, if we doubt the truth of the last sentence, are now pretty accurately defined ; the House more especially when we quote the further influence possesses no appellate jurisdiction over ecclesias- brought to bear. Burnet mentions that Charles tical, maritime, colonial, bankruptcy, or lunacy the Second went commonly to the House of Lords, cases ; but there is an appellate jurisdiction for the and “ became a common solicitor, not only in public United Kingdom, for all cases at law or in equity, affairs, but even in private matters of justice. He as to the latter, even-on interlocutory orders, would in a very little time have gone round the except those cases at law where a statute prescribes house, and have spoken to every man that he a particular mode of adjudication, and does not thought worth speaking to, and he was apt to do reserve the right of appeal. It was, indeed, doubted that upon the solicitation of any of the ladies in by Lord Eldon—and on what subject did he not favour, or of any that had credit with them. He doubt ?-and by Lord Redesdale, that there was knew well on whom he could prevail; so being jurisdiction over cases disposed of summarily by once, in a matter of justice, desired to speak to the the Courts below. An Irish case, O'Neill v. Fitz- Earl of Essex, and the Lord Hollis, he said they gerald, (3 Bli. N. S. 24,) so late as the year 1829, were stiff and sullen men ; but when he was next gave rise to the doubt. A clerk of the Court of desired to solicit two others, he undertook to do it, Exchequer having forged cheques, transfers were and said. They are men of no conscience, so I will fraudulently made of sums standing to the credit take the government of their conscience into my of one cause to the credit of another. The de- own hands. Yet when any of the lords told him spoiled creditors moved that the Accountant-Gene- plainly that they could not vote as he desired, he ral should replace the stock; the contest by motion seemed to take it well from them.” was between him and the Bank of Ireland. The Now, however, the case is very different ; then Court decided against the Accountant-General, the lay lords attended numerously, now they altofrom which decision there was an appeal. The gether abandon this branch of their duties
, and point of jurisdiction was started by Lord Redes- delegate them to the few law lords who have been dale, and was subsequently argued with distin- honoured with a peerage. The instances in which guished ability by Mr. Hart, and also by Mr. Shadwell. To our minds, their arguments were
* Hale, as judge on circuit, was by custom entitled to six convincing; there was, however, no direct adjudi- loaves of sugar from a corporation, which he insisted upon cation ; the case was sent back to the court of paying for, because the corporation had a case before his
the lay peers have attended and voted on law ques The cases of Fitzgerald v. Fauconberge, Alextions, are remarkably few. For the last hundred ander v. Montgomery, and Hill v. St. John, were and fifty years, as collected by our author, and in legal questions, and which probably had been better the note to O'Connell and others v. the Queen, (11 left to the law lords. The last was that of the Clark & Finelly, 425), they do not exceed eight, Bishop of London v. Ffytche, where the question some of them cases of fact, or involving a question arose as to the illegality of a general resignation of public right and importance. Reeve v. Long was bond. The House of Lords, contrary to the settled the first, and there the judgment was reversed, against law, and to the opinion of all the judges, on the the opinion of all the judges, and on general prin- general question, held such a bond to be illegal. ciple and common sense, very properly reversed - They were, perhaps, right on general principle, but it having been decided by the court below, that in the better course would have been, to have legisthe case of a contingent executory limitation, a lated, as they subsequently did, upon the subject, posthumous son deriving under a will, could not and not to have run counter to the universal opinion take, wbere the particular estate determined before of the judges. he came into esse.
The last important general case was that of the The next was that of Cary v. Bertie, which was Queen v. O'Connell, and in that case-in our judgan appeal from the Chancellor, and where there was ment, very weakly—the lay lords abandoned one a limitation over in the event of the lady not mar- "of the highest functions with which they have been rying a particular individual within a limited time, entrusted by the constitution of this country. which she did not do. The parties interested were We shall, in a future number, return to the inteboth of high birth, and a pamphlet was written resting work we have been, more extracting from against the Chancellor, by Mr. Bertie, the husband than reviewing. of the lady.
The third, Ashby v. White, was a very proper case for the lay lords to vote upon. The judges were as nearly as possible divided, the question
Court Papers. being whether an action on the case would lie against the sheriff
, for refusing the vote of a burgess. It was held in the court below it would not,
Chancery. and this decision was reversed. • The next great case was the celebrated Douglas oaths on being appointed Her Majesty's Counsel.
February, 14.-The following gentlemen took the usual one, where the question was one of legitimacy,
Henry Joy, Mathew Sausse, Oliver Sproule, Charles purely one of fact, and on which a lay lord was Rollestone, David Lynch, Vincent Scully, Richard Deasy, quite competent to form an opinion.
CIRCUITS OF THE JUDGES.
MUNSTER. NORTH-EAST. NORTH-WEST. LEINSTER. CONNAUGHT. SPRING ASSIZES,
LCJ Blackburne Baron Richards, L.C.B. Pigot, B. Pennefather, Justice Perrin, Baron Lefroy, 1849.
LCJ Doherty. Justice Ball, J. Crampton. Justice Torrens. Justice Jackson. Justice Moore. Monday, Feb.26
Trim. Tuesday, 27
Drogheda Longford Wicklow Roscommon Thursd. March 1 Mullingar
Dundalk Friday, 2
Wexford Saturday, 3
Carrick-on-ShanMonday, 5 Tullamore Monaghan
[City Sligo Thursday,... 8
Castlebar Tuesday, 13
Downpatrick Thursday,... 15 Carlow
Lifford Friday, 16
Galway & Town Monday, 19
Carrickfergus & Londonderry and Tuesday, 20 Naas
(City Kilkenny & City Saturday, 24
Nenagh Monday, 26
Cork and City
(Continued from p. 112.)
to be sold, or to approve of an apportionment of such charge 17. That after the passing of this act any person claiming residue of the land or lease subject thereto, with the con
or incumbrance between the land or lease to be sold and the any interest in any land or lease may enter a caveat in the sept in either case of all parties interested in the part of such office of the registrar of the court against the sale of such land or lease not contracted to be sold, and to include such land or lease, by order of the court or otherwise, and in such caveat shall be mentioned the place of abode of such matters in his report : provided that a sale by order of the person, or some place of address to which notices may be court may be made before all the accounts of incumbrantes sent ; and such person shall be entitled to and shall have are taken, or the rights of incumbrancers ascertained, if the notice of all subsequent proceedings to be taken upon any
court shall so direct. reference under this act relating to the land or lease men.
23. That the report of the master as to the expediency abode or address mentioned in such caveat shall be in the of this act, or with any rule or order of the court, or of tioned in such caveat ; (that is to say,) where the place of of sale, and all other reports, affidavits, orders
, and other
proceedings, sball, so far as consistent with the provisions city of Dublin such notice shall be served on such person the Lord Chancellor, to be made as herein before provided
, personally or left with some inmate of such place of abode be filed according to the rules and practice of the court in or address, being of the age of sixteen years or upwards, and where such place of abode or address shall be elsewhere causes or matters; and that at the expiration of fourteen than in the city of Dublin, such notice shall be transmitted days after the filing of the report, as to parties who shall through the Post Office, addressed to such person at such have appeared before the master, and as to all other per. place of abode or address,
sons, at the expiration of one month after the filing of ny 18. That all persons claiming any interest in such in- report approving of a sale, if no application shall be made. quiries in the usual manner may appear before the master or shall be pending before the court, complaining of such under any reference under this act, and claim to take a report, or of any proceedings of the master under the refer. part in the proceedings under the reference, and the master ence under which such report shall bave been made, the shall have power to determine what parties
may attend before court, upon the application of any party interested in such him and
take a part in the proceedings under the reference, report, (and without the attendance of counsel, unless the and upon what terms; and the master in his report under court shall see fit to direct such attendance), may confirm any reference shall state by what persons he has been at the report, and to direct a sale to be made by the master
, tended, and also what (if any) persons, and in respect of and that after confirmation of such report no person shall what inquiries, he has prohibited from attending before him, make any application complaining of the same without spe
. and also what (if any) persons shall after notice to them
cial leave of the court. have neglected to attend; provided that no omission of the
24. That any order for sale to be made by the court, master to cause any such notice to be given shall vitiate any bered land or lease, and may provide that the land or lease
may include the whole, or any part or parts of the ideum proceedings before the master, unless the court, upon application, or otherwise, in the course of proceedings in the or the part or parts thereof to be sold, shall remain subject matter in which such reference shall have been made, shall to any incumbrance which the court shall think fit; and determine otherwise.
such order shall specify the land or lease, or the part of 19. That any person whose attendance before him the parts thereof, which shall be directed to be sold, and also master shall have disallowed, and also any person complain the incumbrances and charges (if any) to remain charged ing of any act of the master in any case not specially pro- on the land or lease to be sold, and also the incumbrances vided for, or requiring the direction or order of the court and charges (if any) to remain charged on any land or lease
, in any proceeding before the master, may apply to the court or part or parts thereof, not included in the sale, and whe against such disallowance, act, or proceeding, or for such ther such incumbrances and charges are to be charged on direction or order, but so that no such application complain any such land or lease or part thereof exclusively, or in com. ing of any disallowance, act, or proceeding of the master mon with any other land or lease or part thereof, and whe. shall
, without special leave of the court, be made, unless ther with priority of charge, or liability in respect of any within fourteen days after the act complained of, if the
court such land or lease or part thereof, or otherwise, and allsucả be then sitting, and if the court shall not be then sitting, other matters incident to the sale as the court shall think fit. unless notice of such intention to apply at the sitting of the
25. That it shall be lawful for the court to order the court be given within fourteen days to the party petitioning the master shall have approved of the sale of a part thereof,
whole of any incumbered land or lease to be sold, although for such sale. 20. That all the directions in this act as to proceedings thereof to be sold than what the master shall have approved,
or to order a further or other part or further or other parte before the master and in court shall have such and the same force as if the same were orders of the court, and the court and to alter or vary such report, and the plan or scheme shall have such and the same powers and authorities in re. therein contained, and to contirm such report, subject to lation to all such proceedings and in relation to the costs of such variations, without any further reference to the master. or incident thereto, as the court would have if such direc
26. That previously to making any order for sale the court tions were orders of the court, and were not expressly con- may make any order of confirmation of the report nisi, and tained herein.
direct service of such order on any person or persons, and 21. That when any incumbrance shall be subject to any also the court, in the course of any proceedings under this limitations of estate or interest, or shall be held upon any act, may direct any reference back to the master to review trust, the first person entitled to the income of such incum- such report, and upon any terms and with any directions, brance, or the trustee or other person whom the court may
the court shall think fit. think fit, shall be the person to make any application or give
27. That the assurance of the land or lease sold by order any consent under this act in respect of such incumbrance of the court shall be made in such form in all respects as
22. That where any person who shall be entitled to any the master shall direct, and that the master shall execute charge not being an incumbrance within this-act (including the same, and execution thereof by any other party shall any such apportioned charge as herein-after mentioned) shall not be necessary for the validity thereof, nevertheless the be willing to accept a gross sum in satisfaction of such charge, master may direct any other persons to execute the same, the master, if he shall think fit, may treat and include in for the purpose of tovenanting for title, or for the produshis report such charge as an incumbrance within this act; tion of title deeds and evidences, or otherwise ; and the as. and that where any land or lease a part only of which shall surance shall be made to the purchaser, his heirs, executors, be contracted to be sold shall be subject to any such charge administrators, and assigns, or as he shall direct ; and in not being an incumbrance or to any incumbrance from which case the assurance shall be a conveyance upon a sale of land the land or lease contracted to be sold shall not be otherwise under this act the same shall be effectual to pass the land discharged under the provisions of this act, the master, if he thereby expressed to be conveyed, and the fee simple and shall see fit, may approve of the part not contracted to be inheritance thereof, to the uses and in manner therein limited sold of such land or lease being charged with such charge or and expressed, discharged from all former and other estates
, incumbrance in exoneration of the land or lease contracted rights, titles, charges, and incumbrances whatsoever of
ler Majesty, her heirs and successors, and of all other tion in a summary way, may direct that such incumbrancer ersons whomsoever, save such charges and incumbrances, shall have the benefit of such publication and notice by ad
shall be thereby excepted, and as herein-after provided; vertisement, and thereupon such incumbrancer may sell as ad in case such assurance shall be a conveyance or assign- such owner might have done, and the conveyance by such jent of a lease in perpetuity or other lease as aforesaid, incumbrancer shall have the same operation as a conveyance ich assurance shall pass the estate created or agreed to be by such owner, but except for the purposes of this provision teated by such lease then remaluing unexpired, subject to such sale and conveyance by such incumbrancer shall be ne rent and covenants annexed to the reversion, but dis- deemed a sale and conveyance without the order of the court: harged from all rights, titles, charges, and incumbrances provided that po incumbrancer shall sell or give notice as rhatsoever affecting the leasehold title or interest, save herein provided of his intention so to do, unless the princind except such charges and incumbrances, if any, as shall pal sum of two hundred pounds at the least shall be owing e thereby excepted, or expressed to be or to remain charged on his incumbrance. pon such leasehold estate or interest, and except also as 32. That where incumbrancers entitled to more than one erein-after provided.
such incumbrance as aforesaid shall have given several noti. 28. That no such assurance shall prejudice the rights of ces to such owner, and such owner shall not have paid the ny lessee, tenant, or occupier in possession, nor the rights money due and payable on such incumbrances, and shall not If any lessee or under lessee at a rent, subject to whose bave published notice of his intention to sell, or having pub. ease or under lease the petitioning owner or incumbrancer lished such notice shall have subsequently neglected to sell, upplying to the court under this act shall be an owner or such of the incumbrancers by whom notice shall have been Deumbrancer, nor any right of common, nor any right of given to such owner as shall be entitled to the first incumway or other easement, nor any rent-charge in lieu of tithes, brance in order of priority shall have the power of selling crown rent, or quit rent, charged upon any land, except in and conveying which one incumbrancer giving notice to the respect of the apportioned part, of any such rent-charge, owner would have had under the provisions herein-before crown rent, or quit rent front which the same shall be contained; but upon the refusal or neglect of the incumbranexpressed to be discharged by such conveyance under the cer entitled to such first incumbrance to exercise such power provisions herein contained.
of selling, the court, upon the application by petition in a 29. That subject as herein-after mentioned, the purchase summary way of any other of the incumbrancers who shall money to arise on any sale by order of the court under this have given notice to the owner, may direct that the incumact shall be paid into the bank of Ireland, in the name of the brancer so applying may exercise the power of selling and Accountant-general, to his account in the matter of "The conveying which might have been exercised by the incumAct to facilitate the Sale of Incumbered Estates in Ireland," brancer so refusing ; but, except for the purposes of this ex parte as aforesaid, to the credit of the matter of such provision, a sale and conveyance in exercise of such power sale, or as the court shall direct, and the same shall be ap- shall be deemed a sale and conveyance without the order of plied in payment of the incumbrances which affected the land the court. or lease from the sale of which such purchase money shall 33. That the notice to be given by an incumbrancer to an have arisen, by order of the court from time to time made owner as aforesaid shall be given in writing to such owner upon petition to be preferred by any person entitled under or left at his usual place of abode, or in case such owner or this act.
his place of abode shall not be known, or in case such owner 30. That where any land, or any lease in perpetuity of shall be out of the United Kingdom, or in case from any land in Ireland, shall be subject to an incumbrance or incum- other cause the incumbrancer shall be unable to give such brances, the owner of such land or lease may, without the notice, such incumbrancer may file an affidavit in the court order of the court, sell such land or lease, or any part thereof, showing his inability to give such notice, and thereupon the and upon payment of the purchase money into the bank of court, upon the application of such incumbrancer, by petiIreland in manner herein after provided to convey such land tion in a summary way, may direct that such notice shall or lease to the purchaser, &c., unless after such publication be served upon such owner wherever resident, or that serof notice as herein-after directed such sale or conveyance vice thereof upon his solicitor and land agent shall be deemed shall be restrained by order of the court under the provision good service thereof on such owner, or to direct the substi. herein-after contained.
tution of service of such notice as to the court shall seem fit. 31. That where any land, or any lease in perpetuity of 34. That every owner and every incumbrancer who shall any land in Ireland, shall be subject to an incumbrance or propose to sell any land or lease without the order of the court incumbrances, the incumbrancer entitled to any such incum- shall cause notice of his intention so to sell to be published brance, in case the principal money owing on such incum at least once in four successive weeks in the Dublin Gazette, brance shall be actually payable, or in case any interest and in two newspapers published in Dublin, and in one thereon shall be in arrear for twelve months or upwards, newspaper published or circulating in the county in which may give notice in manner herein-after provided to the owner the land shall be situate, and in the Lundon Gazette, and of such land or lease, requiring him to discharge the money shall cause a copy of such notice to be posted in one or both due and payable on the incumbrance of such incumbrancer of such two weeks on the church (if any), and on the Rofor principal, interest, and costs, or to proceed to raise a man Catholic chapel (if any), and where there shall be no fund for the discharge thereof by sale; and in case such such church or chapel on some public or conspicuous place owner shall not at the expiration of six months after such of the parish, or of each of the parishes in which the land notice pay the money then due on such incumbrance for shall be situated, and on the court where the sessions of the principal, interest, and costs, and shall not have published peace for the division of a county at large or for the city or notice by advertisement of his intention to sell such land or town or county of a city or town in which the land shall be lease, or a part sufficient for the discharge of the money due situated are usually holden; and where any person shall have and payable on foot of such incumbrance for principal, inte entered a caveat in the office of the registrar against the rest, and costs, the incumbrancer, without the order of the sale of any land or lease under the provisions of this act, court absolutely, may sell such land or lease, as the case may every such owner and incumbrancer shall cause a copy of be, or any part thereof, and upon payment of the purchase such notice to be served in one of such weeks on such permoney into the bank of Ireland to convey such land or lease son in manner herein-after mentioned; (that is to say,) to the purchaser, &c., unless after such publication of notice where the place of abode or address mentioned in such can as herein-after provided such sale or conveyance shall be re veat shall be in the city of Dublin shall cause such copy to strained by order of the court under the provision herein-be served on such person personally, or to be left with some aiter contained; and where at the expiration of such six inmate of such place of abode or address, and where such months such owner shall not have paid the money due on place of abode or address shall be elsewhere than in the city such incombrance, but shall bave published notice by adver- of Dublin shall transmit such copy through the Post Office, Bisement of his intention to sell such land or lease, and shall addressed to such person at such place of abode or address subsequently neglect to sell in pursuauce of such notice, the as aforesaid, and such notice shall state the name and addicourt, upon the application of such incumbrancer, by petition or title of the owner, and if the sale shall be proposed