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Irish Jurist

PRIC

No. 4.- VOL. I.
NOVEMBER 25, 1848.

SP'er Annum, £1 10s.

Sin, le 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 :

ROBERT W. OSBORNE, Esq.,
Court of Chancery,

in- S
and

Court of Exchequer S JOHN Blackham, Esq., and
Chamber .......

A. HICKEY, Esq., Barristers-at. cluding Bankruptcy John Pitt KENNEDY, Esq., Bar

Law. Appeals ........... risters-at-Law.

Queen's Bench, includ. (Joan T. Bagot, Esq., and William BURKE, Esq., and

ing Civil Bill and Re- FLORENCE MCARTHY, Esq., Rolls Court......

William John DUNDAS, Esq., gistry Appeals......... Barristers-at-Law.
Barristers-at-Law.

Exchequer

of Pleas, in- S Cras. H. HEMPHILL, Esq., and CHARLES HARE HEMPHILL, Esq. cluding Manor Court WILLIAM HICKSON, Esq., Bar. and

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

WILLIAM Hickson, Esq, Bar-
risters-at Law,

Common Pleas...

ROBERT LONG, Esq., Barrister

at-Law.

{

DUBLIN, NOVEMBER 25, 1848. ford's real and personal estate, and prayed that the

receiver might only be declared entitled to such

sums as he had actually advanced. The fairness The cases of Boddington and Langford, and Kelly of the transaction was never questioned. When and Bonyng, (I Ir. Jur. 3,) lay down the principle the cause came to a hearing, the Chancellor, Sir broadly, that, under no circumstances whatso- Edward Sugden, felt the difficulty of making a ever, can a receiver purchase an interest, present decree at the instance of a third party, and the or future, vested or contingent, in the estate over cause stood over to give Lady Langford the option which he has been appointed. And if the former of setting aside the purchase, if so advised ; this case-- which goes further than any ever yet reported she declined to do—an excellent test of her being -be law, bis purchase will be set aside at the satisfied with her contract—and in the following instance of a creditor not a party in the suit at the term the purchase was set aside, the plaintiff undertime the purchase was made.

taking to take the place of the receiver in paying The principle could not by possibility be tested Lady Langford, and to indemnify him against any more favourably for the purchasers than in the demand by her, and of course on the further ternus cases cited, for in both there was neither fraud, of the receiver being paid the amount actually suppression, nor concealment. Vendor and vendee advanced by him. dealt at arm's length ; there was no evidence of The estates have not yet been sold, nor has one undervalue, they were simply instances of bargains, shilling ever been received out of the rents in which, on the doctrine of chances, might or might respect of the jointure. not turn out to be good.

Thus, if ever there was a case in which more Boddington v. Langford has not been reported, than justice was done to the creditor, and less than but we are enabled to give the facts correctly. justice to the receiver, it was that which we have

The property of the late Lord Langford, being stated; and, if that decision be followed, it is not the subject of several Chancery suits, and much possible to conceive any instance in which a pur. embarrassed ; shortly after his death Lady Langford chase by a receiver can stand; and the rule will - who derived no income from her jointure, the be inflexibly established, with even more strictness rents of the estate being absorbed in the payment than that which exists between trustee and cestui of the interest of prior incumbrances_sold it

, and que trust, for though the rule is absolute whilst the arrears of an annuity to which she was entitled, that relationship subsists, yet it is open to the cestui during the life of her husband, to the receiver for que trust, and to him only, to set aside a purchase an annuity, payable quarterly, with a condition by the trustee. In the case under consideration, that if any gale were unpaid thirty days after the Lady Langford did not seek relief, nor did the appointed time, she should have the power to inheritor, but it was granted to a third party, rescind the sale, and resume ber original rights between whom and the receiver no fiduciary chaagainst the estate. There was no proof, that, at the racter existed, and who thus acquired an advantage time of the purchase Mr. Boddington--an incum. for which he never contracted, inasmuch as he lent brancer puisne to the jointure-was a party in any his money subject to the jointure. Its being extin. one of the causes in which the receiver had been guished, and the value of the estate thereby enhanappointed. In the year 1840 the bill was filed by ced, was an accident which could never have been Boddington, and subsequently revived by his exe- matter of his legitimate calculation. eutors, for a general adininistration of Lord Lang- previous case that we have met, such purchases

In every

have been set aside at the instance of those with In this case I am of opinion that the plaintiff is whom the confidential character had been created, entitled to compensation from the defendants, for or who had a direct interest in the subject matter the dainage sustained by the sinking of his boat in of sale. For example, where creditors had a lien the Canal Harbour of Moyvalley. The material upon the subject of sale, here there was none; there facts of the case, as I understand them, and as I they were to be paid out of the fund to be realized consider them established on the evidence, are by the estate on which they were incumbrancers, these. On the night in question the plaintiff's boat the value of which was undetermined, and might had arrived at the harbour of Moyvalley, shortly Auctuate according to the efforts made to depreciate before the arrival of the packet boat; and after it, here into whosoever hands the jointure passed, touching at the Moyvalley side, so as to give facility the value of the estate on which it was charged to one of the persons on board to hand out oats for remained unaltered.

the purpose of feeding the horses engaged in draw. Kelly and Bonyng stands on plainer, and, to our ing the boat, the persons on board pushed the boat judgment, on more solid grounds; there the appli- with poles across towards the opposite side of the cation was made by the inheritor, and it is quite capal, within a few yards of another boat, which right that if an agent during his employment—and, was moored close to the opposite bank, in which as must be presumed from the facilities afforded by position the plaintiff's boat was, when the packet his office—makes a beneficial purchase, the benefit boat entered the harbour or station. It appears ought to redound to the principal. Whether the that the plaintiff's boat had no light, nor was there purchase be of a vested or contingent, present or a horn on board, which might have been sounded. remote interest, and even though the receiver runs Between the plaintiff's boat and the Moyvalley side all the risk, and the moment the speculation turns of the harbour, an open space of nearly 30 feet out to be profitable—as in the case of a reversionary was left the whole breadth at this place being interest, which, by death, soon falls into pos- about 67 feet; the packet boat was making for the session—the principal demands and procures the centre of the arch of the bridge below Moyvalley, benefit.

and so was moving nearly in the middle of the Wemay, however, conclude that the later authori- canal. The night appears to have been dark or ties have now established that a receiver, as a foggy, and the packet boat had approached very public officer, as well as on other grounds, is dis- close to the plaintiff's boat, before the latter was qualified, without leave of the court, from buying observed; the driver of the horses of the packet any interest in the property over which he has boat first observed the boat of the plaintiff

, and been appointed, and that this rule scarcely admits called out “mind your band,” which, it appears, is of an exception. The purchase can always be the customary signal when any boat is seen in adset aside on the terms of repaying the amount vance at night, and is a notification to the steersadvanced with interest, provided the application be man of the packet boat that the course of the made in time. And this principle applies to pur-packet boat is to be changed. About the same chases by solicitors, agents, or counsel, so long as time it would appear the captain of the packet boat the relation subsists, whether the purchase be either called out to the steersman “starboard,” which of incumbrances affecting the estate of their em order it was his duty to obey; but the steersman ployer, or of the estate itself, the client not being being at the time on the starboard side of the tiller, the vendor. Austin v. Chambers, (6 Cl. & Fin. 1); put the helm the opposite way, by which the course Carter & Palmer, (8 Ib. 657). In either of the of the packet boat, instead of being averted froni, instances put they might enter into competition with was directed towards the plaintiff's boat ; a collision the owner; but it is not a little singular that a coun- took place, and the plaintiff's boat went down. sel or solicitor is not debarred from dealing directly According to strict propriety, the plaintiff's boat with a client, even whilst the connection subsists. shonld either have been moored close at the oppoPurchases in all such cases are looked upon with site bank, or at least provided with a light, and a the utmost jealousy, and, if there be a tinge of horn to sound; aud the packet boat should have fraud, will be set aside; but they are not as strongly kept near to the track line bank, that side being the prohibited as in the case of trustee and cestui que proper side for the packet to stop at, or to pass trust, Champion v. Rigby, (9 Law Journal, N.s. along, in the event of overtaking any other boat on 211, Ch.) There is no incapacity to contract, but the the canal. rule, as stated by Sir E. Sugden, is, that the “rela- The strict rule seeias to have been frequently tion must be in some way dissolved, or, if not, the departed from, as well by the packet boat as by parties must be put so much at arm's length that they carrier boats; and on the occasion in question it agree to take the character of purchaser and vendor, seems to me that both boats were out of place, and and you must examine whether all the duties of neither properly managed; for the plaintiff's boat those characters have been performed." The result should (if not moored) have been provided with a being that you can purchase an estate from a client, light and horn, and the packet boat, on entering but you cannot purchase the estate of a client who the harbour, should have kept near to the bank on is not the vendor.

the Moyvalley side, and the person at the helm

should have been ready to obey, and have promptly We have beef favoured by Mfr. Napier with a obeyed any order of the captain. The disobedicopy of his judgment in the case of Pilsworth v. ence of the order given by the captain was a breach Grand Canal Company, and as it contains an ela- of duty, and it was plainly so considered by the borate disquisition on an important branch of the captain, as well as by the defendants, who have law, we give it to our readers

since dismissed the steersman. I, therefore, think

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the liability of the defendants for the loss occasioned of sufficient breadth, so that there was full and by the breach of duty on the part of their servant, ample room for the party to pass, he was of opinion has been established, unless it can be successfully he was bound to take that course which would contended that the plaintiff has disentitled hiinself carry him clear of the person who was on his wrong to recover, by reason of his servants having im- side, and that if any injury happened, by running properly had his boat in the centre of the canal, | against such person, he would be answerable.”. without light or horn, and so contributed to the The case of Lynch v. Durdin, (4 Perry & Daviconsequence which has resulted from the collision. son, 672), is also a strong authority to shew that

It is to be observed that the injury is not the it does not necessarily constitute a defence, to esresult of any act of the plaintiff or his servants in- tablish that the plaintiff by his own improvidence mediately producing it, but, on the contrary, the or misconduct, has, to some extent, occasioned the act of the servant of the defendants has directly loss of which he complains. The rule appears coroccasioned the collision. And this is important to rectly stated by Lord Abinger, in the case of Davies notice, because I think that it will be found, on v. Mann, (10 Meeson & Welsby, 548), in which examining the decisions on the subject, that the a plaintiff recovered damages for an injury done to onus is cast on the party by whose act the loss a donkey, which he had improperly left fettered on directly happens, to establish satisfactorily that the a public road, but which was run over by the dedamage so occasioned by his act, could not, by the fendant, from want of proper care on his part, in exercise of ordinary care and prudence on his part, going along the road with a waggon. These authohave been prevented. In this case, I think, the rities establish that it is material, first to consider onus of proof lay on the defendants, as in the case the act which immediately causes the injury. If Cotteril v. Starkey, (8 Car. & P. 691); and I do that act is the result of the defendant's want of not find that there is any of the servants of the caution, and to be attributed to his default, he is Company, who were present at the time of the liable ; but if the party injured has, by any default collision, who has ventured to depose on his oath on his part, at the time, made himself a participator that the collision would not have been avoided, if in the very act which directly causes the injury, he the captain's order had been obeyed. All, but the cannot recover ; such participation, however, is discaptain, admit, that in their opinion it would, in tinct from, and not to be confounded with mere that case, have been avoided—the captain will not culpable neglect or impropriety, in being in a posisay it would not; and unless possibility is to be tion which may expose the party to injury, and substituted for moral certainty, I do not see how I which may conduce to the loss he suffers, though it can decide against the claim of the plaintiff. does not directly occasion that loss, or justify the

Upon a careful examination of the cases on this act of the defendant, by which it is occasioned, to subject, it appears to me, that if from default, or the extent of affording him a complete defence. want of proper care or caution, on the part of the This view of the law is fully sustained by consi. injured party, he has substantially contributed to dering how the defence would be available in an the immediate and proximate cause of the injury, action of trespass. Where a defendant pleads spehe must be taken to be the author of his own wrong, cially to justify the trespass, as occasioned by inwhich he shall not be allowed to apportion for his evitable accident, he must shew himself to be wholly own benefit and advantage ; but if his negligence free from blame, Com. Dig. Battery A. (2 vol. or default has merely facilitated the infliction of Ham. Ed. 272); Wakeman v. Robinson, (8 B. the injury, without directly contributing to the im- Moore, 63.) But if the defence be founded on the mediate cause of it, I think it is no bar to compen- alleged wrongful conduct of the plaintiff

, I appresation for a loss occasioned by the want of due and hend such can only be available where it has renproper care on the part of the defendant, and dered the trespass unavoidable, by due and reasonwhich loss, in reference to its inmediate and proxi. able precaution on the part of the defendant, or mate cause, is to be considered as the wrong of the has formed such an integral part of the injurious defendant, and not of the plaintiff. But in this act, as to make it impracticable to ascribe the latter case, the negligence or default of the injured damage which has resulted, to the conduct of the party may perhaps be an element in considering one party more than to that of the other. The the damages which the plaintiff may be entitled to plaintiff

, in such a case, as Baron Parke observes, recover.

is the author of his own wrong—at least he cannot It is not, at first sight, easy to reconcile the opi- say with certainty that he is not, but another is ; nions and dicta to be found in the cases which have and such I hold to be the true result of the several been cited. The case of Flower V. Adam, (2 Taun- decided cases, when considered with reference to ton, 314), is an authority to shew that the immedi- those fixed principles which are never to be merged ate and proximate cause of the injury is what is to in casual dicta arising out of peculiar facts. be considered in fixing liability, and this case fur- Some Nisi Prius cases have been referred to, nishes an explanation which reconciles most of the which I do not feel it incumbent to notice in dedecisions on the subject. That a person sustaining tail, nor do I conceive that in any one of thein, injury, when on the wrong side of the road, has a when considered in reference to its material facts, right of action, is fully established by Clay v.Wood, would there be found a real conflict with the con(5 Espinasse, 44), where Lord Ellenborough held clusion at which I have arrived. “that the circumstance of the person being on the That conclusion is the result of a careful consiwrong side of the road, was not sufficient to dis- deration of the evidence given, and a strict analysis charge the defendant; for though a person might of the decided cases, bearing on the question of be on his wrong side of the road, if the road was I liability; and although I feel a real distrust of my,

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own opinion, when I find it opposed to the conclu. 9. Felonies under this Act in Scotland not bailable, sion at which Mr. Fitzgibbon and Mr. Sproule

except as provided by 5 & 6 W. 4, c. 73. Trial have arrived, I am not the less bound to state that

to take place in Terms of Act of Scottish Parlia.

ment of 1701. opinion explicitly.

10. No Costs allowed in Prosecutions under this Act. I have signed the award, considering myself for.

11. Act may be amended, &c. mally bound to act on the opinion of the majority ;

'Whereas by an act passed in the 36 G. 3,c. 7. an Act for but the above reasons satisfied my own mind that * the safety and preservation of his Majesty's person and the plaintiff had a right to recover.

government against treasonable and seditious practices, it N.B.-The difference between the arbitrators, was enacted, that if any person, after the passing of that was on the inference to be deduced from the evi- act, during the life of his said Majesty, and until the end dence-namely, whether obedience to the order of

• of the next session of parliament after the demise of the

crown, should, compass, imagine, invent, devise, or intend the captain would have saved the collision. Mr.

death or destruction, or any bodily harm tending to death Sproule agreed with the view of the law which I or destruction, maim or wounding, imprisonment or res. took, but differed on the question of fact.

traint of the person of his said Majesty, or to deprive or The case was argued before us by Mr. Henn depose him from the style, honour, or kingly name of the and Mr. F. Fitzgerald.

* imperial crown of this realm or of any other of his said

Majesty's dominions or countries, or to levy war against • his said Majesty, within this realm, in order, by force or

'constraint, to compel him or them to change his measures Court Papers.

or counsels, or in order to put any force or constraint upon or to intimidate or overawe either house of parliament, or to

move or stir any foreigner or stranger with force to invade Queen's Bench.

this realm or any other of his said Majesty's dominions and

• such compassings, imaginations, inventions, devices, or in. 10th November, 1848.- It is ordered that from and after

tentions, or any of them, should express, utter, or declare, this day, no order be given for liberty to lodge money in

by publishing any printing or writing, or by any overt act court to the credit of the cause, after plea pleaded, without

or deed being convicted upon the oaths of two lawful and the special order of the Court, or a Judge, upon applica

• credible witnesses, upon trial, or otherwise convicted or tion for that purpose.

attainted by due course of Jaw, then every such person or * persons so offending should be deemed, and declared to be

a traitor and suffer death, and forfeit as in high treason: (Continued from page 24.)

• and whereas hy and act of parliament passed in the 57 G. CAP. VII.

*3 c. 6, all the before recited provisions of the said act which An Act to amend an act for consolidating the Queen's • relate to the heirs and successors of his said Majesty, were Bench, Fleet, and Marshalsea prison, and for regulating 'made perpetual : and whereas it is doubtful whether the the Queen's prison.

[28th March, 1848.] last-recited act extended to Ireland : and it is expedient to Cap. VIII.

repeal all the provisions made perpetual by the last act as An Act to continue for Three Years the Duties on Profits

do not relate to offences against the person of the Sover. arising from Property, Professions, Trades and Offices.

eign, and to enact other provisions instead applicable to all [13th April, 1848.]

parts of the united kingdom, and to extend to Ireland such

of the provisions of the said acts as are not hereby CAP. IX. An Act to continue for Three Years the Stamp Duties advice, &c. that from the passing of this act, the 36 G. 3, é.

• repealed ;' be it enacted by the Queen, &c. by and with the granted by an Act of the Fifth and Sixth Years of Her pre

7, made perpetual by the 57 G. 3, c. 6, and all the provisions sent Majesty, to assimilate the Stamp Duties in Great Britain

of the last act save such of the same respectively as relate to and Ireland, and to make regulations for collecting and ma

the compassing, imagining, inventing, devising, or intend. naging the same.

[13th April, 1848.] ing death or destruction, or any bodily harm tending to death CAP. X.

or destruction, maim or wounding, imprisonment or res. An Act for empowering certain Officers of the High Court traint of the person of the heirs and successors of his said of Chancery to administer Oaths and take Declarations and Majesty king George the third, and the expressing, utterAffirmations.

[13th April, 1848.] ing, or declaring of such compassings, imaginations, invenCAP. XI.

tions, devices, or intentions, or any of them, are hereby An Act for punishing Mutiny and Desertion, and for the repealed. better payment of the Army and their Quarters.

2. That such of the said provisions made perpetual by the [22d April, 1848.]

57 G. 3, c. 6, as are not hereby repealed shall extend to and

be in force in that part of the united kingdom called Ireland. CAP. XII. An act for the better security of the crown and government

3. That if any person shall, within the united kingdom of the united kingdom.

or without, compass, imagine, invent, devise, or intend to

[220 April, 1848.] deprive or depose our most gracious lady the Queen, from Sec. I. After passing of this act, provisions of 36 Geo, 3, the style, honour, or royal name of the imperial crown of

c. 7, and 57 Geo. 3, c. 6, repealed, except as lo the united kingdom, or of any of her Majesty's dominions

offences against the person of the Sovereign. or to levy war against her Majesty, within any part of the 2. So much of 36 Geo. 3, c. 7, made perpetual by united kingdom, in order by force or constraint to compel

57 Geo. 3, c. 6, as is not repealed, extended to her to change her measures or counsels, or in order to put Ireland.

any force or constraint upon or in order to intimidate either 3. Offences declared felonies by this Act to be punish. house of parliament, or to move or stir any foreigner or able by Transportation or Imprisonment.

stranger with force to invade the united kingdom or any 4. Time within which prosecution shall be commenced, other her Majesty's dominions or countries, and such comWarrant issued, &c.

passings, imaginations, inventions, devices, or intentions, 5. In Indictments more than one overt act may be or any of them, shall express, utter, or declare, by publishcharged.

ing any printing or writing, or by open and advised speak. 8. Nothing herein to affect provisions of 25 Ed. 3, c. 2. ing, or by any overt act or deed, every person so offending 7. Indictments for Felony under this Act valid, though shall be guilty of felony, and being convicted shall be liable, the Facts may amount to Treason.

to be transported for the term of his natural life, or for not 8. As to the punishment of Accessaries before and after less than seven years, or to be imprisoned for any termi not the Fact.

exceeding two years, with or without hard labour.

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4. That no person shall be prosecuted for any felony in who now are or at any time hereafter shall be tenant or respect of such compassings, imaginations, inventions, devi. • tenants for life, with an immediate remainder to his or ces, or intentions as far as the same are expressed, by speak- her first and every other son in tail male, and also to and ing only, unless information of such compassings, &c. and • for every person who now are or at any time hereafter shall of the words by which the same were expressed, uttered, 'be tenant in dower or by courtesy, with the consent of or declared, shall be given upon oath to a justice of the ' such person as shall be seised in reversion or remainder of peace, or to any sheriff or steward, or sheriff substitute or an estate of inheritance in any mines immediately expectant steward substitute, in Scotland, within six days after such upon the death of such tenant in dower or by the courtesy, words shall have been spoken, unless a warrant for the or in case of nonage, idiotcy, or the lunacy of such person apprehension of the person by whom such words shall have so seised in reversion or remainder, then with and by the been spoken shall be issued within ten days next after such ' consent of the guardian of such minor, or the committee information shall have been given, and unless such warrant of such idiot or lunatic, by and with the approbation of shall be issued within two years next after the passing of the Lord Chancellor, by indentures under their respective this act; and that no person shall be convicted of any such “hands and seals, may make and grant leases not exceedcompassings, &c. in so far as the same are expressed, uttered, ing the term of thirty-one years, of all mines and minerals or declared by open or advised speaking as aforesaid, except ' which are already or may hereafter be found and discovered upon his own confession, or unless the words so spoken • within their respective manors, glebes, or lands, so as shall be proved by two credible witnesses.

• the same be made to commence in possession, without any 5. That in any indictment for felony under this act, to fine, or other consideration than the yearly rent in such charge against the offender any number of the matters, acts, • lease reserved and so as the most improved rent be reserved or deeds by which such compassings, &c. or any of them, upon every such lease, and that such reut be not less than shall bave been expressed, uttered, or declared.

one tenth part of the ore to be dug out of such mines, 6. That nothing herein shall lessen the force of or in any without any regard had to the expenses in digging, and manner affect any thing enacted by the 25 Edw. 3. c. 2. • laying the same on the bank, and so as such rent shall be

7. That if the facts or matters in an indictment for felony reserved and made payable in and by such leases to such under this act shall amount to treason, such indictment shall • lessor or such person as should from time to time during not be deemed void, or defective; and if the facts or mat- • the continuance of such lease have been entitled by the laws ters proved on the trial shall amount in law to treason, such ‘ of this kingdom to the benefit of such mines in case this persou shall not be entitled to be acquitted of such felony ; act bad not been made : and whereas by 15 G. 2, (I.) An but no person tried for such felony shall be prosecuted for act for explaining and amending an act, intituled . an act treason upon the same facts.

for the further encouragement of finding and working mines 8. That in every felony under this act, every principal in and minerals in this kingdom,' the provisions of the said the second degree and every accessary before the fact shall act 10 G. I, were extended to coal mines : and whereas be punishable in the same '

manner as the principal in the first by the 23 G. 2, (I.) An act for amending an act, intituled degree, and every accessary after the fact shall on convic- 'an act for the further encouragement of finding and work. tion be liable to be imprisoned, with or without hard labour, ing mines and minerals within this kingdom,' the said act for any term pot exceeding two years.

of the 10 G. I, extended, and the parties therein men. 9. Provided, that no person committed in Scotland for ' tioned are empowered to niake leases of coal mines for any any offence under this act shall insist on liberatiou on bail, • term of years not exceeding forty-one in possession, and unless with consent of the public prosecutor, or by warrant • not in reversion, at any rent not less than two-pence for of the high court or circuit court of justiciary, in such man- every ton of coals which shall be raised and laid upon the ner and to the same effect as is provided by 5 & 6 W. 4. c. bank, without fine or other consideration than the yearly 73, An act to provide that persons accused of forgery in Scot. rent reserved : and whereas certain of the said acts were land shall not be entitled to bail, but the trial of any person amended by 46 G. 3, c. 71, An act to amend several acts so committed, and whether liberated on bail or not, shall be for the encouragement of working mines and minerals in proceeded with under the like certification and conditions as ' Ireland; and it is expedient to amend the provisions of if intimation to fix a diet for trial had been made to the the said acts, in relation to the duration of the term and public prosecutor in terms of the Scotish act of 1701. * the rent to be reserved on leases therein provided for :' be

10. That it shall not be lawful for any court before which it enacted, that so much of the 10 G. 1, and of the said acts any person shall be prosecuted or tried for any felony under amending the same, as limits the term of such leases to this act to order payment to the prosecutor or the witnesses thirty-one years, and as requires that the rent be not less of any costs which shall be incurred in preferring or pro- than one tenth part of the ore to be dug and raised out of secuting any such indictment.

such mines, without regard to the expenses in digging and ll. That this act may be amended, &c.

raising and laying the same on the bank, and so much of the CAP. XIII,

23 G. 2, or of any act amending the same, as provides that An Act for amending the law for the Leasing of Mines the rent reserved in any such leases of coal mines as in the Ireland.

[220 April, 1848.] said act mentioned shall not be less than two-pence for every Sec. 1. So much of the recited Acts as specifies a

ton of coals which shall be raised and laid upon the bank, is

minimum Rent upon Leases of Mines, or limits the Term repealed; and it shall be lawful for every person or bodies of such Leases to thirty-one years, repealed; and politic or corporate, empowered to make leases by the said Leases of Mines authorized by the said Acts may to grant for any term of years not exceeding forty-one, any

acts are hereby empowered, as in the said acts mentioned, be made for forty-one years, so as the best improved lease as is authorized by the said recited acts to be made

rent that can be reasonably gotten be reserved, g c. for a term not exceeding thirty-one years, 2. Trustees, &c. of any Freehold Estate in Mines may therein mentioned, so as every such lease be made to com

or any term make Leases for forty-one years upon like terms as herein-before provided.

mence in possession, without any fine or other consideration 3. Leases under recited Act may be surrendered, and than the yearly rent or other return in the nature of rent in again granted under this act.

such lease reserved and so as the best and most improved 4. Act may be amended, gc.

rent, whether in money or in kind, be reserved upon such

lease, and so as such rent shall be reserved and payable in • Whereas by an act passed in the 10 G. 1, c. 1, An act and by every such lease to such lessor or such other person for the further encouragement of finding and working mines as should during the continuance of such lease have been and minerals, in this kingdom, it is that all archbishops and entitled by law to the benefit of such mines in case the said bishops, deans, deans and chapters, archdeacons, preben- acts and this act had not been passed, and so as in every

daries, and other dignitaries ecclesiastical, parsons, rec- such lease there be condition for re-entry on nonpayment of ‘tors, vicars, and to and for all bodies politic and corporate, the rent to be thereby reserved, and so as every lessee do colleges, cathedral or collegiate churches, and hospitals, execute a counterpart of his lease; and the several proviand to and for all and every person or persous whatsoever sions of the said recited scts in force, and not hereby altered

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