« EelmineJätka »
specify, as he shall think fit; and such receiver, or guardian, ter's office; and if upon the passing of such account, the or committee, shall thenceforth receive and enforce from the account produced before him shall vary in any particular, said tenants the abated rent ouly, until such certificate shall which the Master shall deem essential, from the copy 80 be varied or set aside, either by a further certificate of the lodged, the Master shall be at liberty, not only to disallow Master, or by an order of the court, upon the application of to the said guardian, receiver, or sequestrator, the costs of the committee or guardian ; but no tenant shall originate the summons which he shall have issued for the purpose of such inquiry otherwise than by so submitting his claim to passing the said account, but also to order that he shall pay such receiver, or guardian, or committee, or be allowed to to such parties as shall attend upon the said summons the interfere therein, further, or otherwise, than as the Master costs of their several attendances, and to order that he shall shall think proper.
at his own expense amend the account so lodyed in the Mas. And it is further ordered, that said two last-mentioned ter's office, by making the same conformable to the copy so orders shall take effect from the date hereof.
laid before him; or if necessary, file a new account, and EDWARD B. SUGDEN, C. issue a summons to pass the same for such day as the Mas.
F. BlackBURNE, M. R. ter shall then appoint; and the Master shall, in every such Dated 3rd day of January, 1845.
case, upon passing the said account, be at liberty to make 1. That it shall not be necessary to enter an appearance
such rule, in relation to the said receiver's poundage, and for a defendant in the books kept in the registrar's office of
costs of accounting, as the justice of the case shall seem this Court, but the entry of such appearance in the books
to him to require, without putting the estate to the expense kept in the office of the clerk of appearances and writs shall
of a certificate to enlarge the time for accounting, in case be deemed sufficient for all purposes, and the clerk of appear
the period limited by the 115th rule for passing his account ances and writs shall, from and after the day that these
shall have expired before the time appointed by the Master orders are to come into operation, be at liberty to issue a
for passing such new or amended account; and all such costs certificate of an appearance that has been or may be entered
as the Master shall so award shall be recoverable in like mat. in his books, in the same manner as the registrars of the
ner as ordered by the 133rd general rule, and every receiver Court have heretofore done; and the fee of 2s. 4d. now pay.
and sequestrator shall, if required by the person or persons able to the registrar on such certificate shall from and after
to whom the property belongs, subject to the charges for the suid day be received by the clerk of appearances and writs, security of which the receiver or sequestrator was appointed, and paid by him weekly over to the registrars, who are to
or by his or their solicitor, furnish to him or them a copy account therefor in the same manner as for the other fees
of any account lodged by him in the Master's office, on being receivable in their office.
paid the usual scrivenery charges therefor. 2. It having been found impracticable to carry the whole
5. That the fees in the schedule hereunto annexed shall of the 190th general order into execution, the same shall be
be established fees and emoluments to be allowed on taxa. considered from this date as rescinded, except so far as the
tion to solicitors, and that the schedule of fees referred to same is herein repeated.
in the first general order, bearing date the 18th day of April, That the solicitor for the party, on the day he shall file an
1844, be and the same is hereby rescinded. original bill, or obtain the first order on a petition matter,
That the above general orders shall come into operation shall lodge a docket in the office of the clerk of the appear
and have effect from and after the 11th day of January, 1845, arrces and writs, stating the title of such cause or matter,
but the schedule of fees mentioned in the first general order and the clerk of appearances and writs shall, on the day
of the 18th day of April, 1844, shall have full operation in all following that on which such docket shall be lodged in his
matters up to that day inclusive. odlice, mark on such docket (and which shall afterwards be
Edward B. SUGDEN, C. transcribed into a book to be kept for that purpose) the name
F. BLACKBURNE, M. R. of the Master to whom such cause or matter is to stand re
And the foregoing orders, Nos. 2, 3, 4, and 5, to apply ferred, and to whom all references therein are to be directed, in like manner to Committees of Lunatics. and for that purpose he shall introduce the name of each
EDWARD B. SOgden, C. Master in rotation, in each cause and matter respectively
Dated 28th day of October, 1845. commencing with the senior Master: and it is further or- 1. That the office of the Taxing Master of the Court of dered, that the clerk of appearances and writs shall at the Chancery shall, until further order, be held at No. 2, Capel. time of inserting the name of every such Master stamp the street, in the city of Dublin. said docket with the seal of his office, in order that the Master 2. That the office of the Taxing Master shall be open for to whom the cause or matter is referred may have evidence business upon all days of the year, except as hereinafter that his name has been properly inserted therein : and that mentioned, that is to say, Sundays, Christmas day, and so much of the 189th general order as requires the clerk of the three next after Christmas day, New Year's day, Good the appearances and writs to have the several books of notices Friday, and Easter Monday and Tuesday, and for such period in his office indexed shall also be rescinded, but the clerk of or periods during the long vacation as the Lord Chancellor, appearances and writs shall have such notices bound up in for the time being, shall from time to time appoint; and the one or more volumes, at the end of each term, according to hours of attendance therein shall be from half-past ten until the dates that such notices were respectively served. four o'clock each day during term and the sittings after term,
3. That no guardian, receiver, or sequestrator shall either or until five o'clock on any days which the Taxing Master himself, or by any bailiff or other person, receive, in such shall deem it expedient or necessary to extend the time; character, any sum of money whatever, either for rent or and from twelve until two o'clock each day the office is open otherwise, from any tenant or other person bound or legally during the long vacation, and from twelve until three o'clock authorized to pay the same, without giving to such person in all other vacations; but the closing of the office shall au a good and suficient receipt or acknowledgment in writing preclude the Taxing Master from requiring the continued for the same; and if it shall at any time appear to the Mas- attendance of the clerks for such further time as he may ter before whom such guardian, receiver, or sequestrator deem necessary; and the Taxing Master shall be at liberty shall account, that any monies have been received by or for to grant such holyday or holydays during the long vacation or on account of such guardian, receiver, or sequestrator to the clerks as he shall deem right,
wing regard to the without any such receipt as aforesaid having been given for state of the business of the office; but in every case of bis 80 the same, the Master shall, upon passing the account of doing he shall communicate to the Lord Chancellor, in writsuch guardian, receiver, or sequestrator, when or next after ing, the extent of the permission so given. such fact shall have come to his knowledge, disallow to such 3. That the Taxing Master shall perform all such duties person so accounting, all or such part of his poundage or as have heretofore been referred to, or performed by the costs of accounting, or both, as he shall deem right or Masters in Ordinary in relation to the taxation of costs, and proper.
shall in respect thereof have all such powers and authorities 4. That every guardian, receiver, and sequestrator shall, of every description as are now vested in the Masters in upon the passing of his account before the Master lay before Ordinary; and shall direct and adopt all such proceedings as him an exact copy of the account lodged by him in the Mas- may now be directed and adopted by the Masters in Ordinary
on a reference for the taxation of costs, and taking an account in the same book, and signed by the Master in Ordinary, of what is due in respect of such costs, and such other ac. or his clerk. counts connected therewith as may be directed by the Court, 10. That all orders that shall be made by the Taxing and shall administer such oaths, and take such affirmations Master shall be drawn up in a short form, and shall be signed and attestations of honour, as the said Masters in Ordinary by the Taxing Master, and entered by his clerk in a book have heretofore being in the habit of doing, on such refers to be called the “ Taxing Master's Order Book,” to be kept ences, or as inay become necessary for the purpose of carry- exclusively for that purpose; and each order, before the ing said act, or these orders into execution.
same is issued, shall be marked by the Taxing Master's clerk 4. That all general orders of the Court, which relate to in this form, “ Entered A, B. ;” and each party shall be at the taxation of costs, or any proceedings before the Masters liberty to inspect, during office hours, the entry of all such in Ordinary in relation thereto, shall, so far as they may be orders without fee or charge. applicable, be appled to the taxation of costs, and all pro- 11. That all orders of the Taxing Master requiring any ceedings before the Taxing Master in connexion therewith. person to do any act hereby ordered, shall state the time,
5. That the respective Masters in Ordinary shall, on or or the time after service of the order, within which such act before the first day of November Dext, cause all bills of costs is to be done ; and upon the copy of the order which shall be which have been or shall be lodged in their offices before the served upon the party required to obey the same, there shall said first day of November next, pursuant to the 160th gene- be endorsed a memorandum in the words, or to the effect of ral order of the Court, to be transferred to the office of the that directed by the 104th general order of the Court, with Taxing Master; and that on and after that day, all bill of respect to all such orders issued by the Court. costs shall be lodged in the office of the Taxing Master, in 12. That an office copy of every decree or order, whereby the same manner and subject to the same regulations as are any costs are directed to be paid, shall be lodged in the office specified in the 160th and 16 1st general orders of the Court, of the Taxing Master before he shall proceed with the taxanow in force in relation to bills of costs now directed to be tion of such costs; and the solicitor lodging such copy shall lodged in the office of the Masters in Ordinary.
be answerable that it is a correct copy and also every appli. 6. That all bills of costs which, by any decree or order, cation for the taxation of costs, pursuant to the 165th genehave been referred for taxation to any Masters in Ordinary, ral order, and the undertaking therein mentioned, shall be who shall not have certified the costs due thereon before the lodged in his office. first day of November next, are hereby transferred to the
EDWARD B. SUGDEN, C. Taxing Master, and that if any bills of costs have been pro
F. BLACKBURNE, M. R. ceeded with before the said first day of November, the Tax
Dated 13th March, 1846. ing Master shall be at liberty to adopt the whole, or such part
Whereas by an Act of Parliament made and passed in the as he shall think fit, of the proceedings which have taken place before the transfer thereof to him.
Session of Parliament held in the 8th & 9th years of the 7. That in cases where the accounts of any trustee, execu.
reign of Her present Majesty, intituled “ An act to alter
and amend an act passed in the third and fourth year of the tor, administrator, consignee, or committee, shall consist in part of any bills of costs, and in cases of any proceedings reign of Her present Majesty Queen Victoria, intituled
“ An act to enable the owners of settled estates to defray under any general order, whereby the Master in Ordinary is at liberty to award and tax the costs of any proceedings it was amongst other things enacted, that, for simplifying
the expenses of draining the same by way of mortgage,' before him, the Master in Ordinary, to whom it may be referred to take such account, or before whoin any such
the proceedings under the said act, and rendering the same proceedings may take place, shall be at liberty to request the inexpensive, it should be lawful for the Lord High ChancelTaxing Master to tax and settle such bills of costs; and the lor, with the assistance of the Master of the Rolls, from
time to time to make such orders and provision as he might Tasing Master, on receiving such request, shall proceed to tax such bills, and shall have the same powers as if the same
think proper for the facilitating the mode of application to had been referred to him by the Court, and shall certify the
the court, and of the proceedings before the Master or other. amount due thereon to the Master in Ordinary at whose shaw Sugden, Lord High Chancellor of Ireland, has with
wise : and whereas the right honorable Sir Edward Burtenrequest the same were taxed.
the assistance of the right honorable Thomas Berry Cusack 8. That if upou the taxation of any bill of costs it shall appear to the Taxing Master, that for the purpose of duly Smith, Master of the Rolls, and for the purpose in the said taxing the same, it is necessary to inspect any books, papers,
act mentioned, thought proper to make the following orders or proceedings relating to the cause or matter which shall
and provisions. Now, therefore, it is ordered by the Lord be in the office of any Master in Ordinary, the Taxing Mas- High Chancellor, with the assistance of the Master of the ter shall be at liberty to request the Master in Ordinary the said act, and all proceedings to be had thereunder, shall
Rolls, that all applications made to this court pursuant to having any such book, paper, or proceedings in his office,
be made and conducted in the manner directed by the seveto cause the same to be transmitted to the office of the Tax
ral orders and provisions hereiu-after set forth; viz.ing Master, and also to request any Master in Ordinary to certify any proceedings in his office which may be comprised I. Any person entitled to land within the meaning of the in a bill of costs under taxation; and in that case the Mas. said act, may present to the Lord Chancellor a peti. ter in Ordinary, when and so soon and at and for such times
tion in the form herein-after set forth, with such varias the due transaction of the business in his own office will
ations as the nature and circumstances of the case may permit, shall direct such books, papers, and documents to
require. be transmitted to the office of the Taxing Master, for his
(Form of petition.) In the matter of and use during the taxation, and shall certify the proceedings In the matter of the act (8 & 9 Vict. c. 56), &c. which have taken place in his office, according to the request
To the right honorable the Lord Chancellor, of the Taxing Master, and after the costs, in respect of
The humble petition of A. B. which such request of the Taxing Master was made, shall
Shweth-That the lands herein-after mentioned, viz. have been certified, the Taxing Master shall cause the same
[&c. &c. &c.] are now vested in your petitioner as books, papers, and documents, which have been transmitted tenant for life (or otherwise in some other character to his office, to be returned to the office of the Master in
described in the act], and that your petitioner claims Ordinary by whom they were transmitted.
to be entitled to make permanent improvements in the 9. That when any paper or document shall be transmitted
said lands, by such means as are in the said act menfrom the office of a Master in Ordinary to the office of the
tioned, and to cause the expense of making the same to Taxing Master, the Taxing Master, or his clerk, shall sign
be made a charge on the inheritance of the said lands a receipt therefor in the book of the Master in Ordinary ;
under the provisions of the said act. and that when any such paper or document shall be returned That the said lands are in the actual occupation of. C. D. from the office of the Taxing Master to the office of the
who hath consented in writing to this application. Master in Ordinary, an entry of such return shall be made
Your petitioner therefore prays, that your petitioner may
be at liberty to make permanent improvements in the this court, and that no special application has been C. D. is in such occupation, and has so consented, let
said lands, by the means in the said act mentioned, or same, and his proceeding thereon, in his report ; but some of such means, and to cause the expense of mak- such note and directions are not to be treated as regu. ing such improvements to be made a charge on the in- lar reports or orders of the court requiring to be filed heritance of the said lapds under the provisions of the or otherwise. said act. or that your Lordship will make such other VI. Any person interested in the land is, without its being order in the premises as to your Lordship shall seem necessary for him to take any objection or give any meet.
previous notice, within fourteen days after the filing And your petitioner, &c. (Signed) A. B.
of the report, to be at liberty to petition the Lord I hereby consent to this petition.
Chancellor that such report may be reviewed: if such (Signed) C. D., occanyiag tenant of the lands sought petition shall be presented, the Judge by whom the to be improved,
reference was made is to take the same into his cog. II. The Lord Chancellor, or Master of the Rolls, hy whom
sideration : and, if he shall so think fit, he may dispose such petition may be heard, may, upon consideration
thereof, either by dismissing the same, or by referring of such petition, and without any attendance of coun
the matter back to the Master with or without special sel, solicitor, or petitioner thereon, if he shall so think
directions : he may also direct any person interested fit, make an order on such petition to the effect fol
to attend, and may, if he shall think it necessary, but lowing, or to such other like effect, with such varia
not otherwise, direct the same to be argued by counsel tions as the nature and circumstances of case may
in open court or otherwise. require.
VII. That the petition to confirm a report may be in the
form herein-after set forth, with such variations as the (Form of Order.)—Date In the matter of, &c.
nature and circumstances of the case may require. and in the matter of the act (8 & 9 Vict. c. 56,) &c. Upon consideration, &c., of the petition, &c., it is ordered
(Form of Petition).- In the matter of, &c.
and in that it be referred to the Master in rotation to enquire the matter of the act (8 & 9 Vict. c. 56), &c. and state to the court whether the petitioner is entitled
To the right honorable the Lord Chancellor. in possession to the lands in the petition mentioned, or The humble petition of &c. any, and which of them, within the meaning of the said
Sheweth-That in pursuance of an order made in this act of parliament, and whether the said lands are in matter, bearing date the day of
Mr. the actual occupation of C. D. in the said petition
the Master to whom the said matter was referred, has named; and if so, under what title, and whether the
made his report bearing date, the day of said C. D. bas consented in writing to the said petition
and for the reasons therein stated has [here state the and to the improvements proposed to be made under
Master's finding.] the provisions of the said act ? And if the Master shall That the said report has been filed in the Report office of find that the petitioner is so entitled, and that the said
made to review the same. the Master further enquire and state to the court suc
Your petitioner, therefore, humbly prays your Lordship, cintly, what, if any, other persons or person are or is
that the said report may be confirmed absolutely, and entitled to, or interested in, the said lands, or any of
that your petitioner may be authorized to make such them, in remainder or reversion; and the petitioner is permanent improvements as are certified in the said reto be at liberty to lay before the Master proposals for
port, under the provisions of the said act. making permanent improvements in the said lands, by VIII. The order confirming the report may be in the form any such means as are in the said act mentioned, and
following, with such, if any variations, as the nature to set forth in such proposals the nature and extent of
and circunstances of the case may require. such improvements, and the estimated expense thereof, and the estimated value of the permanent improves and in the matter of the act (8 & 9 Vict. c. 56), &c.
(Form of order).—Date In the matter of ments proposed to be made ; and such proposals are
Whereas did on the
prefer his to be sufficient without any charge or state of facts :
petition to the right honorable the Lord Chancellor, and the Master is to enquire and state whether such
thereby setting forth, and praying, that he might be at proposed improvements are permanent improvementwithin the meaning of the said act; and if so, what
liberty to make permanent improvements in the lands
therein mentioned, under the provisions of the said will be the expense of making the same, and what will
act; and thereupon his Lordship, on consideration of be the value of such permanent improvements ? and
the matter of the said petition, did, by his order, dated whether it will be beneficial to all persons interested
the day of refer it to the Master to make in the said lands, that such permaneut improvements
the inquiries therein mentioned; and, in pursuance of should be made under the provisions of the said act ?
the said order, the said Master has made his report, III, The Master to whom the said reference may be made
dated the day of is to require proof of the deed, will, or other instrument
, [the particulars not to
be stated,] and the said report was duly filed in the under which the petitioner claims to be entitled to the
Report office, on the
and no appliland, but he is not otherwise to require proof of the
cation has been made that the same may not be contitle to the land, nor is any charge to be allowed for
firmed, and that the said A. B. doth now by his peti. searching the registries.
tion pray that the same may be confirmed, and that he 1V. The Master, if he shall think it necessary for the due prosecution of reference, but not otherwise, may direct
may be at liberty to make such permanent improve.
ments as are specified in the said report, under the the petitioner to serve any other person interested in
provisions of the said act: his Lordship, on considera. the land, with notice of the proceedings ; and such
tion of the matter of the said petition, and the said person, so served, may afterwards attend such proceed
Master's report, doth hereby order that the said reings as a party thereto, as long as the Master shall
port be contirmed, and that the said petitioner be at deem his presence necessary; but if such person being so served, shall decline or neglect to attend pursuant to
liberty to make such permanent improvements in
the said ladds as are in the said report mentioned, unbuch notice, the Master may proceed in his absence, and he is to state the same in his report ? any person ix. The Master by whom the said report was made m?!,
der the provisions of the said act. so attending will have to bear his own costs.
upon production to him of the order confirming the V. The Master is, during the reference, to be at liberty to
same and giving leave to make the improvements, de. apply by note, in writing, to the judge by whom the
liver to the party who has obtained such order a cer. order was made, for any special directions, or for leavo
tificate to the effect and in the form herein-after stated, to state any special circumstances, touching the mat
with such variations as the nature and circumstances ters referred to him ; and, if he shall receive any such
of each case may require. special directions, or such leave, he is to state the
(Form of Certificate.)—Date In the matter of
party, and do also state, the tender and rejection of any and in the matter of the act (8 & 9 Vict. c. 56,) &c.
evidence, which they may rule to be inadmissible. Whereas [Recite, Ist, the Order of reference, shortly ;
MAZIERE BRADY, C. 2d, the Report, with its date, but without any parti
T. B. C. Smith, M. R. culars;
Dated 5th April, 1847. 3d, the Order“ confirming the Report, and authorizing 1. On reading the 168th general order of the 27th March,
the improvements to be made," with its date, and 1843, and on reading also a certificate from William Henn, generally in the terms within inverted commas.] Esq., and Edward Litton, Esq., two of the Masters of this
court, dated 27th January, 1847, in the following words :Now, therefore, I the said Master, in pursuance of the said
• Master Litton and Master Henn, certify to the Lord act, do hereby certify that any person advancing money
• Chancellor, that their mode of acting on the 168th rule of for making the said permament improvements specified 27th March, 1843, was to note in their books the attend. in my said report, will, upon its being made to appearance of counsel, and their disapprobation when they conto me that such money, to the amount specified in my
• sidered the attendance of counsel unnecessary, but when said report, has been fully expended in making the said they approved of such attendance they made no entry improvements, or in paying the expense of obtaining whatever ; while on the other hand, Master Goold genethe authority of this court, become and be entitled
‘rally marked his approbation when he thought the attend. under the said act to a charge on the land for the re
ance of counsel necessary, and made no entry when he payment of the money advanced, with interest; but
considered his attendance unnecessary; and Master Town. such charge is to be subject to the terms and condi
'send uniformly adopted a course similar to that of Master tions provided by the said act, and before the same can
•Goold. All the Masters would suggest that the existing become effective, the amount of money expended as
'rule should be modified, by authorizing to endorse upon the aforesaid is to be stated by me by way of endorsement
original summons the attendance of counsel when they on this certificate.
considered such attendance necessary, and that the attenX. The endorsement required by the act to be made by the
dance of counsel should be disallowed on taxation in all Master on the said certificate, may be to the effect and
cases in which no entry of approbation appears.' in the form herein-after set forth, with such variations
It is this day ordered, by the right hon. Maziere Brady, as the nature and circumstances of each case may re
Lord High Chancellor of Ireland, by and with the advice quire.
and assistance of the right hon. Thomas Berry Cusack (Form of Endorsement.)— Whereas it has been alleged Smith, Master of the Rolls, that on the taxation of costs, no before me that the sum of £
being the whole
sum whatever shall be allowed by the taxing Master, for (or part) of the sum of £
mentioned in my re
the attendance of counsel before any of the Masters in orport recited in the within certificate, has been expended dinary of the court, on references under any decree or or. in making such improvements and paying such ex
der unless the Master in ordinary shall endorse upon the penses as are therein mentioned; I have, pursuant to original summons on which counsel shall attend, or upon the liberty given to me by the said act, enquired what the copy thereof served upon the party for whom coun. expenses have been incurred in and about the applica- sel shall attend, his approbation of such attendance of countion to the court, and making the necessary surveys, sel, and unless the said original summons or copy, with valuations, and estimates, and also what sums of money
the said endorsement thereon is produced to the taxing
Master, have been actually expended in such improvements;
And it is further ordered, that if the Master in and evidences as to such expense hath been laid before ordinary shall approve of the attendance of counsel, the me, and I have duly considered the same, and I do
endorsement of such approbation shall be made by the said hereby state and certify that it hath been made to ap.
Master, at the time such attendance shall take place. And pear to me that the sum of £ hath been fully
in no case, shall the Master permit more than one counsel expended in manner aforesaid in such expenses as
to attend for the same party. And it is further ordered, aforesaid, and the sum of £ for improvements that in the taxation of all costs, incurred prior to the date by drainage, warping, irrigation, or embankment, and of this order, no sum whatever shall be allowed by the tax. the sum of £ for improvements by the erection ing Master for the attendance of counsel before any of the of buildings : and I do hereby further certify that the present Masters in ordinary of the court, on such references said several sums amount in the whole to sum of £
as aforesaid, unless a certificate shall be produced to the and that the same was (or were] advanced on, &c. [or taxing Master signed by such Master in ordinary, stating at such several times and in the several sums herein. his approval of the attendance of counsel on the days and after set forth; viz. &c.] and that such several sums
times for which such attendance shall be charged in the bill
of costs. are to be repaid, with interest after the rate of
And no sum shall be allowed by the taxing Mas.
ter for the attendance of counsel before the late Master per centum per annum, by such equal annual instal.
ter Townsend. on such reference as aforesaid, nents as herein-after mentioned, viz. &c. &c. [This is Goold, or Ma to be varied according to the mode of expenditure and unless a copy of an entry in the books of the said Master the provisions of the 9th section of the act.
Goold and Master Townsend, respectively, shall be produced EDWARD B. SUGDEN, C.
to the taxing Master, as required by the 168th general or. T. B. C. Smith, M. R.
der of the court.
2. And it is further ordered, that the following order be N.B.-Section 14 of the act points out the nature of the substituted for the 146th general order of the 27th March,
evidence to be received by the Master; section 5 re- 1843. That a receiver, sequestrator, or guardian, upon quires the report to be filed in the Report Office, and production of a certificate of his recognizance being enrolled gives power to apply to review a report within fourteen shall be at liberty to enter the general order, that the ten. days; and section 6 gives liberty to the Master to in. ants do pay their rents and arrears of rent to him, and shall quire into the expenditure, and to indorse upon the cer- cause the same to be printed and served upon the immediate tificate the amount thereof; and section 7 requires tenants of the person over whose estates or propert he such certificate to be filed in the Report Office, and a has been appointed, or at their residences; and every reduplicate thereof to be provided as evidence of title. ceiver, sequestrator, or guardian shall be at liberty when
ever rent shall be in arrear for the space of five months Dated 27th January, 1847. after the same shall have become due, in case the same is It is this day ordered, by the right hon. the Lord Chan. reserved by half-yearly payments, or for the space of two cellor of Ireland, by and with the advice and assistance of months, after the saine shall have become due, in case it is the right hon the Master of the Rolls, that the Masters in reserved by quarterly payments, or so soon as it shall become ordinary of this court, do andex to their reports, to be due in case such rent is payable weekly, (or at any other bereafter made under decrees and orders of this court, a schedule of the evidence read before them on behalf of any due, if the Master shall deem it experlient to allow him to
time after any half-yearly or quarterly rent shall become
do so,) to proceed by distress, for recovery of such rent, ! LEGAL AND HISTORICAL DEBATING SOCIETY. without any rule or order for that purpose; such remedy
The Members are requested to take notice, that the Meetings of the to be deemed the proper one in the first instance; but when Society have been ADIUURNED) (for the Christmas Recess) to FRIDAY, the receiver, sequestrator, or guardian shall find the remedy the 12th day of JANUARY, 1819. by distress insufficient, or inapplicable, he may lay the spe
SUBJECT FOR DEBATE. cial facts before the Master, and if the Master shall deem precedency of a Creditor's suit, instituted after the passing of 3 & 4 W. Iv.
“Can a Judgment Creditor, proving under a decrec, avail himself of the it expedient to proceed by notice to quit, or by civil bill c 27, 10 save his demand from the operation of that statute ?" ejectment, process, or by ejectmemt for non-payment of Barristers, Law Students, and Graduates of the Universities of Dublin, rent, or by action at law, or by civil bill, the Master shall Oxford, and Cambridge, are eligible for admission.
Members who have changed their residences, or who have friends to make an order or a report thereon as he shall see fit, and propose, are requested to communicate with the Secretary. thereupon the receiver, sequestrator, or guardian shall be
JOHN NORWOOD, Esq. 11, Nelson Street at liberty to proceed as the Master shall direct. And in
WINTER BOOTS AND SHOFS. every case in which the Master shall be of opinion that the receiver, sequestrator, or guardian shall proceed by attach
SMYTH, 37, MARY STREET. ment and not by distress for payment of any rent, the Mas- SMYTH has now on hands a large Stock of the very
best Manufactured ter being first satistied that such rent is in arrear, and that the general order to pay such rent to the receiver, seques
LADIE'S, GENTLEMEN'S, AND CHILDREN'S BOOTS AND
SHOES, trator, or guardian, has been duly served upon the tenant which will be found cheaper than those of any other House in the city. against whom the attachment is sought, or that such tenant
LADIE'S DEPARTMENT. is either lessee or assignee of a lease under the court, or
SMYTH begs to inform those Ladies who wish to encourage
NATIVE MANUFACTURE, has himself paid, or is the assignee of one who has paid that he has been for some time past making up a Stock of Winter Boots rent to the receiver for the holding in question, and that and Shoes in Dublin, and that he has determined to Sell them at the the rent although demanded by the receiver, sequestrator,
SMALLEST REMUNERATIVE PROFIT, or guardian, or by his agent duly authorized, has not been in order the more rcadily to carry out his views of assisting the Operative, paid, shall be at liberty to give a certificate that an attach
Black Cloth Boots at
58. 6d. a pair. House Shoes at
· Is. 8d. ment shall issue for non-payment of such rent, 'stating to
18.4d. what period such rent is calculated, and the amount of the
Children's Boots and Shoes in great variety. rent claimed to be due, and thereupon the Registrar shall
to Gentlemen who issue an order that the tenant shall pay to such receiver, pay Cash, as he is doing an immense trade for Ready Money only ; setur. sequestrator, or guardian, the rent mentioned in such certi. ing to his Customers, at all times, Boots and Shoes of the first character al ficate to be due, the amount whereof shall be stated in such
VERY MODERATE PRICES ; order, together with the sum of two pounds ten shillings which will be found of Superior Manufacture, and at Prices which no
as well as having the opportunity of selecting from a very large Stock, for the cost of such certificate, order, and of the service of house can compete with.
Wellington Boots at
14s. a pair. the same, within ten days after personal service of such or.
155. der, or shew cause within the same period why an attach
Shoes, Laced Fronts,
5s ment should not issue against him for non-payment of said
BOYS 'Boots AND SHOES rent. And in case the same shall not be paid, or good
Please observe SMYTH, 37, MARY STREET. cause shewn within said period, the clerk of the appear. ances and writs shall, on being satisfied by affidavit that
H. MORRISON, HAT MANUFACTURER, such order was duly served, without any further rule or order, issue an attachment against such tenant for non-pay
17. WESTMORELAND.STREET, ment of said sums.
attention of Gentlemen to his large Stock of Maziere Brady, C.
French Hats. He would particularly recommend for Winter wear his
FRENCH VELVET HAT at 12s hd., T. B. C. Smith, M. R. which for Gentlemanly appearance and durability cannot be surpassed by (To be continued.)
any other house in the City.
Best Velvet Hat made 18s.
Hunting Caps, Livery Hats, &c.
MADDEN AND HARE, have just received a supply of the above GUTTA PERCHA, from its perfectly Waterproof qualiPens, in all their varieties. They have also always on hand a large Stock
ties, great durability, and non-conducting properties, I recommend
to all anxious for dry and warm feet. of Mosley's Genuine GOLD PENS, which they sell as low as any other
All the objections to, and preju.
dices against Gutta Percha, having arisen from clumsy workınanship, I house, MADDEN AND HARE,
undertake to have the Soles put on, that they shall adhere firmly till com.
pletely worn through. STATIONERS TO THE UNIVERSITY,
MANLY THACKER, 80, DAME STREET. 7, GRAFTON STREET.
JAMES O'DRISCOLL in approval of the elegance, ease, and peculiar & R. MORROWS' CIRCULATING LIBRARY, on him by the higher classes of society, induces him to apprise his patrons,
style of his Trowsers, and likewise the very flattering patronage bestowed H 18, NASSAU STREET,
and those gentlemen who have not hitherto honored him with their orders, (ADJOINING MORRRISSON'S Horel)
that he has secured the services of a few of the most experienced Parisian Where every New Work of merit daily issuing from the press may be had workinen for the winter season. J. O'D's practical knowledge as a Trox. at a moderate subscription by the SET, NIGHT, or WEEK. Single Sub- sers Cutter having been fully tested in the first houses of the Brtish me. scription 34, 6d. a Month : 8 d. a Quarter ; 128. d. the Half Year, or One tropolis, he is therefore fully qualified to produce an article in this depart. Guinea the year for which the very newest works may be had. Family ment of Tailoring, that cannot be excelled in London or Paris. and Country Subscription Two, Three, and Four Guineas the Year,
JAMES O'DRISCOLL, Professed Trowsers Maker, Full particulars, post free, on application.
DELICIOUS, HEALTHFUL, and ECONOMICAL WINES
for the approaching Festivities.
All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Pablisher, E., J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Nane and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications--nor will the Editor be accountable for the return of Manuscripts, &c.
now so well known and highly estimated for their superior richness
Sweet and Dry Raisin
Ginger, &c. &c.
Price Lists may be had of his Agent,
Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL. LEGE GREEN, or by letter (post-paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication.
Terms Or SUBSCRIPTION-(payable in advanice): Yearly, 30s. Half-yearly, 178. Quarterly, 98.
Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45, FLEET.SIREET, in the Parish of St. Andrew, and published at 15, COLLEGE OREÉN, in same Parish, by EDWARD JOHNSTO? MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, December 23, 1848.