Page images
PDF
EPUB

Petitioner.

COLLEGE-GREEN, in same Parish, by EDWARD JOHNSTON

to be made by an incumbrancer the name and addition or required by this

provision cannot be given, the persoa pro title of such incumbrancer, and the intention of such owner posing to sell may apply to the court by petition ; and the or incumbrancer, to sell under the provisions of this act court may order notice to be given to any other person

, tee without the order of the court, and in case such owner shall and on behalf of such infant, idiot, or lunatic, and in seek not be entitled absolutely to such land or lease, or to the manner and within such time as the court may direct

, or ta equity of redemption thereof, shall mention the settlement, direct any substituted service of any such notice; and every will , or other

assurance under which he shall be owner, and person on whom such notice shall be served on behalf of zex if such sale shall be proposed to be made by an incumbran- such infant, idiot, or lunatic, shall have the like powers at cer shall mention the incumbrance under which he shall be applying to the court in relation to such sale as such infast such an incumbrancer, and in every case shall state the de- idiot, or lunatic would have had if free from disability, nomination or sub-denomination or short description of the 36. That no such notice of an intention to sell any lang land or lease proposed to be sold, and the county and the or lease shall prejudice or affect the right of any mortgage barony or parish or place wherein such land or the land or other incumbrancer of or upon such land or lease to come comprised in such lease shall be situate, and all the incum- mence any proceeding for redemption, foreclosure, or sale, brances affecting such land or lease known to the person or other proceedings at law or in equity, or the right of my proposing to sell the same, and any other matters which may mortgagee of such land or lease who shall have under bi from time to time be directed or required by such orders of security a power of sale which has arisen and may be ezer. the court as herein-after mentioned; and no such sale with cised, to proceed to the exercise of such power of sale si out order of the court shall be made under this act before any time before a sale shall have been made under this aet the expiration of three months after the publication of the

(To be continued.) last of such advertisements as aforesaid, in the computation of which period of three months the months of September and October shall be excluded; and it shall be lawful for thoscheue fertichard, IN Pursuance of the Order mode u any incumbrancer or person interested in the land or lease

February, 1819, 1 hereby require all per proposed to be sold before the expiration of such three months

who claim to be creditors of the said Richard to apply to the court by petition, and the court, upon such and in the Matter of the

Samuel Guinness, and have not proved the

demands before Samuel Vignolles and the petition, having reference to the amount and nature of the cap. 14, and 40th Geo,

Berwick, Esqrs., Trustees of the Estate of king interests of the person proposing to sell, and of the incum

3rd, cap 22.

Richard Samuel Guinness, and whe wind barncer so applying to the court, and to all the circumstances

to oppose the allowance of the Certificate of the said Richard S Guinea

as provided by said Acts, or desire to intervene under the said Order, L. of such land or lease, and of the incumbrance or incumbrances come in before me at my Chambers on the Inn's Quay, City of Dublin, affecting the same, may restrain the person proposing to sell or before the 2nd day of April next, otherwise I will proced in their **

sence with the reference directed by the said Order. as aforesaid from proceeding with such sale, either as res Dated this 10th February, 1819. pects the whole of the land or lease, or as respects any part

EDWARD LITTON. or parts thereof, which it may appear to the court unneces

Dooner and McCay, Petitioner's Solicitors, 5, Kildare Street, Dublin, sary to sell, or may require security to be given to such petitioner, or may give to such petitioner the conduct or right

EGAL AND HISTORICAL DEBATING SOCIETY. LE

ESTABLISHED 1843 of supervision of the proposed sale, so far as the court may

A Meeting of the Members of this Society will be held in their lisse not restrain the same, or may make such order in relation No. 45, MOLES WORTH STREET, on FRIDAY EVENING, the 2nd to such petition and to costs as the court shall think fit; and February. Chair to be taken at Eight o'clock precisely. the Lord High Chancellor of Ireland, with the Master of

SUBJECT FOR DEBATE the Rolls, may make from time to time orders prescribing

"Has the Statute 8 & 9 Victoria, c. 109, s. 18, a retrospxtire operation and regulating the particulars to be included in the notices the royal assent ***

so as to defeat an action for a wager commenced before the statute received of such sales, and such other orders for or concerning such Barristers, Law Students, and Graduates of the Universities of Dublin, notices, as shall appear nocessary for ensuring the know- Oxford, and Cambridge, are eligible for admission. ledge by incumbrancers and persons interested of the sales

Members who have changed their residences, or who have friend to proposed to be made.

propose, are requested to communicate with the Secretary, 35. That where the owner of any land which shall be pro

JAMES F. WRIGHT, Esq. 11, Lower Ormond Quay, posed to be sold without order of the court shall not be entitled for an estate of inheritance in possession to such land, JAMES O'DRIS COLL, the owner or incumbrancer who shall propose to sell such

PROFESSED TROWSERS MAKER, land shall cause a copy of such notice of his intention so to

9, ANGLESEA.STREET. sell to be served personally, or in such manner as under the rules and orders of the court would be deemed equivalent to personal service, on all persons except such owner havIRISH MANUFACTURE INDIAN RUBBER BLACK.

ING, Manufactured by RICHARD KELLY, Boot Maker, 16, COL ing estates in remainder or other future estates in such land LEGE-GREEN, Dublin. other than such estates, if any, as may be subsequent to the It makes the Leather soft, pliant and even Waterproof, sold by the first vested estate of inheritance therein; and where the Bootmakers and Grocers through the city, in Bottles at sd, bd, and 1,

N.B.--Country Shopkeepers treated with on the most Liberal Terti

. owner of any lease which shall be proposed to be sold as aforesaid without order of the court shall not be entitled for

Sir,

"I have examined your Indian Rubber Blacking, and find it made of the whole estate created or agreed to be created by such those materials which are most proper for such a composition. It has been lease, the owner or incumbrancer who shall propose to sell susceptible of a very high polish, it does not soil, and its pernament elet such lease shall cause a copy of such notice to be served per- on the leather is of a beneficial character. sonally, or in such manner as aforesaid, on all persons ex

"THOMAS ANTISELL, “Mr. Kelly, College-green.

Lecturer on Chemistry," cept such owner having remainders or future estates in such lease other than such remainders or estates, if any, as may

, be subsequent to the first vested estate quasi in tail therein; to the

Editor, with the publisher, E. I MILLIKEN, 15, COLLEGE and such notices shall be given before the publication of such GREEN. Correspondents will please give the name and Aderen, as the notices by advertisement as aforesaid ; or where any such communication paper will the Editor be accountable for the retura de person entitled to any such remainder or future estate, exManuscripts, &c. cept as aforesaid, in such land or lease shall be infant, idiot, Orders for the IRISH JURIST left with E. J. MILLIKEN, COL. lunatic, or a married woman, a copy of such notice shall be LEGE GREEN, or by letter (post paid), will ensure its punctual delivery so served on the father or guardian of any such person being publication.

in Dublin, or its being forwarded to the Country, by Post, on the day er an infant, or on the committee of any such person being an idiot or lunatic, or on the husband of any such person being

Terms or SUBSCRIPTION-(payable in advance);

Yearly, 30s. a married woman; and where any such infant shall not have

Half-yearly, 178. a guardian, or the father of such infant shall be the person Printed by THOMAS ISAAC WHITE, at his Printing Office, Na

City of Dublin, Saturday, February 17, 1810.

Portobello Mareb Slat,

Quarterly, 9s.

Frish Jurist

No. 17.-Vol. I.
FEBRUARY 24, 1849.

Price

Per Annuin, £1 104.

Single Number, 9d. The Names of the Gentlemen who favour THE IRISH JURIST with Reports in the several Courts of

Law and Equity in Ireland, are as follows :

Robert Long, Esq., Court of Chancery, in

and
cluding Bankruptcy 3 Joux Pitt Kennedy, Esq., Bar-

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

A. HICKEY, Esq., Barristers-at

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

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

Exchequer of Pleas, in. Cuas. H. TIEMPHILL, Esq., and CHARLES HARE HEMPHILL, Esq. cluding Manor Court WILLIAM HICKSON, Esq., Barand

risters-at-Law. Equity Exchequer.

and Registry Appeals.
WILLIAM HICKSON, Esq., Bar-
risters-at Law.

Common Pleas.... { Reter-at- LAVEFIN, Esq., Barris.

DUBLIN, FEBRUARY 24, 1849. that of admitting to bail. In many cases it would

lead to great hardship even to require bail from a

prisoner, though convicted. This is so plainly The universally acknowledged improvement made seen by magistrates in districts where trivial by the great Alfred in the laws of England, and assaults—from hastiness of temper, without malice transmitted—with variations from time to time--are constantly occurring, that the following from his age, to our own, was the establishment practice has arisen. In these trivial assault cases of tribunals for the trial of all causes, civil and magistrates have a summary jurisdiction, and the criminal, in the very districts where the complaints offender, if convicted, is sentenced to pay a penalty, arose. This principle has been partly carried out (generally a small one) or, in default of payment, in Ireland, by dividing the kingdom into circuits, to be confined for some short period in the county and commissioning judges to administer justice in gaol; in some instances the fine is paid at once; the several counties ; by the establishment of ses where it is not, application is generally made to the sions of the peace to be held at stated periods in court by the convicted parties, to liberate them till certain towns, and lastly, by the establishment of the next court day, on their engaging to appear in Petty Session courts.

court on that day, and either pay the fine, or surof these, the last—the Petty Session Courts- render themselves prisoners. Liberty is generally carry out much better than either of the others the given, and though we have seen this indulgence great object of the common law, namely, the dis very frequently accorded, we do not remember an tribution of justice with cheapness, expedition, and instance where the parties have broken faith. In ease. Considerable summary jurisdiction has been the generality of cases the fines were paid on the conferred on these courts from time to time by next court day, the money having been procured statute, and they have lately, by an act of the last in the mean time; and, where the fines were not session, received an increase, by having their sum-paid, the parties uniformly came in, and voluntarily mary jurisdiction extended over cases of simple surrendered. Among a poor population the ex, larceny, when the age of the offender does not pense of bail bonds, though very moderate, would exceed fourteen years.

be a greater obstacle to the liberation of prisoners By this salutary enactment justices of the peace than the procaring of sureties, and, in some inare empowered to convict and sentence juvenile stances, the expense would equal the penalty inoffenders

, in place of—as was the former practice, Aicted by the court. ---sending them for trial to the next Quarter Petty Session Courts derive their chief value Sessions, and thus exposing them in the meantiine, from their being held so frequently, and their exto the degradation and contamination of a prison, isting in every locality, thus distributing justice at which, however necessary it may be to society, every man's own door, with very little expense rarely has a beneficial effect on a prisoner. or delay.

In this act also there is a further power given to The 6 & 7 W. 4, c. 75—the act by which the justices of the peace to admit to bail. There is jurisdiction of the civil bill courts in Ireland is no power committed into the hands of those who extended, and their proceedings regulated-inare charged with the distribution of justice among tended that the distribution of justice, through the the lower orders of the Irish population, in the Quarter Session Courts, should be almost as exercise of which a greater latitude should be general and convenient, but its provisions have not allowed to the discretion of the magistrate, than in been in all instances properly carried out.

The 53d section, after reciting, that “it would to Swineford, upwards of fifty miles, or to Ballina, facilitate the administration of justice, if a sufficient upwards of thirty, to defend themselves; or obliged, number of places were appointed for hearing, and -when it is necessary to obtain a decree without determining causes by civil bill, and transacting delay-to proceed at the sessions held in either of the criminal, and other business at a general Quarter these towns, occasioning much unnecessary hardSessions of the peace,” enacts that it shall, and ship and expense ; and further, processing for an may be lawful for the Lord Lieutenant, or other unjust or doubtful demand, to a distant sessions, is chief governor of Ireland, by and with the advice sometimes successfully resorted to, to extort money and consent of the Privy Council, to divide the by way of compromise, the defendant preferring several counties of Ireland, or any of them, or any to pay a small sum, to undertaking a long journey

, riding, or division of a county, into as many dis- which he must do if he adopt the alternative of tricts as shall be thought proper or expedient, for defending himself. the purpose of more conveniently hearing and de Appeals, too, against the valuation of rateable termining causes by civil bill, and of transacting property under the poor law, from the Belmullet all such criminal, and all such other business, as district, would also be tried at either of those disa may be cognisable, or determinable at any general tant towns, unless its annual quarter sessions bapor Quarter Sessions of the peace; and to appoint pened to take place within the time limited by law one or more convenient town or place, towns or for appealing. places, in any such district in which a civil bill. These inconveniences--if they do not deserve court, and a court for transacting such criminal some worse name—are obviously the consequence and other business as aforesaid, shall be held. of the great extent of the divisions, and of sessions And every such district shall be distinguished by not being held with sufficient frequency in some of the name of such town or place. And every such the towns. This division of the county of Mayo session, and adjournment thereof, shall be good is not a solitary instance, though, from its great and effectual for the administration of criminal size, it perhaps exhibits the faults of the system more business, and civil bill cases, and doing all other glaringly than they appear elsewhere. business that may by law be done at the General In poor districts, such as that county, the present Quarter Sessions of the Peace.” And again it is arrangement should be altered, by diminishing the enacted in section 59—" that it shall, and may be size of the district and increasing the number of lawful for the Lord Lieutenant, or other chief Quarter Sessions within the year; or the jurisgovernor of Ireland for the time being, by, and diction of the Petty Session Courts should be exwith the consent of the Privy Council, to direct tended, so as to embrace all simple contract debts that a general session of the peace and civil bill of small amount. It seems almost ridiculous that court shall be held four times in every year, in wages can be recovered in these courts, and yet that any or all of the times appointed for holding ses- in all other, even the most trifling simple contract sions. And the Lord Lieutenant, or other chief debts—and, among a poor population, the great governor of Ireland for the time being, shall nomi- majority of those debts are very trifling indeed nate and appoint the baronies, or half baronies, recourse must be had to another, and often a distant or parishes, for which respectively such sessions tribunal, and one in which the cost of the proceed. shall be held."

ing, though very moderate, is frequently greater By this enactment the legislature seems to than the debt proceeded for. However

, there is have done much to facilitate the administration of no necessity for a new enactment, as the provisions justice through these courts. Pursuant to these alluded to, if carried out in their true spirit

, would provisions, counties have been divided into dis- render the Quarter Sessions Court sufficiently con: tricts, and places have been appointed for holding venient for every purpose. quarter sessions ; but, that the arrangements made are not as conducive to public convenience as they might be, it is our intention to point out.

A Treatise of the Law of Property as administered When informations are received by magistrates by the House of Lords. By Sir Edwd. Sugden. at Petty Sessions they are returned to the next London, Sweet. Quarter Sessions for the division or district; now Wuen we stated in our last number that in our some of these divisions are very large ; for instance judgment the lay lords had, in the case of O'Conin the Ballina division, in the county of Mayo, nell v. the Queen, weakly abandoned one of the two of the Quarter Session towns, Belmullet and highest functions with which they have been enSwineford, are upwards of fifty Irish miles apart , trusted by the constitution, we should, perhaps

, and cases are constantly sent for trial from the have qualified the statement so far as to limit our Belmullet Petty Sessions to the Swineford Quarter condemnation to the fact of their not attending as Sessions. This is a great hardship both to the judges, rather than that of their not voting. We prosecutor, and the prosecuted, who are under the think they—or those of them who had not heard necessity of bringing their witnesses upwards of fifty the arguments-acted quite rightly in not voting miles from their homes, and of supporting them in a when they had not been present during the consi strange town until the trial comes on. In civil cases

, deration of the case, and had not throughout

acted likewise, considerable inconvenience is constantly

ex- as judges. But

we also think that not only on this perienced. At Belmullet, Quarter Sessions are held but on other occasions, by not taking part in the but once a year; hence, as plaintiffs, may bring their appeal business

of the country, they have culpable processes at any Quarter Sessions in the division, neglected one

branch of their duty, and delegated parties are constantly taken, with their witnesses, their entire appellate jurisdiction to a few law

lords. They have been invested with a very law, and carrying with them the opinions of the solemn trust they have been for two centuries the great lawyers of the day, and satisfying succeeding arbiters of the nicest and most critical points of generations. .

. It is rarely that any law in the last resort. “Yet, vast as this trust is, great principles of law are enunciated there ; that it can no where be so properly reposed as in the any clear fixed rule is laid down as a rule for other noble hands where our excellent constitution has courts." placed it, because, from the independence of their This he attributes to a variety of causes; the fortunes, and the dignity of their station, they are frequent disagreements of the Lords, their never presumed to employ that leisure, which is the con- meeting and agreeing upon one uniform judgment, sequence of both, in attaining a more extensive and the unsatisfactory nature of the early reports knowledge of the law than persons of inferior rank, of the decisions. He admits, however, the present and because the founders of our polity relied upon jurisdiction to have its excellences. “If the audience. that delicacy of sentiment, so peculiar to noble is not large, yet the court is open to all, and the birth, which as, on the one hand, it will prevent importance of the place, the distance of the couneither interest or affection from interfering in sel from the judge, and the power which all the questions of right, so, on the other, it will bind a lords have of attending, afford an opportunity of peer in honour, an obligation which the law es- being heard to advantage which no other place teems equal to another's oath, to be master of could give." those points upon which it is his birthright to Our own early impressions of the austere digdecide."

nity of the House of Lords, when sitting as the So wrote Sir Wm. Blackstone nearly a hundred supreme court of judicature, were much lessened, years ago, and the same point was earlier urged if not wholly removed, on acquaintance; that with as much force, and more quaintness, in the solemn sanctity which invested it with a sort of Doctor and Student, “ As for knights and other mysterious awe in our imagination, was dispelled nobles of the realm, me-seemeth that they should ou closer scrutiny. be bound to take knowledge of the law.

Whether the chamber of justice in the new And therefore if the noblemen of this realm would House of Lords may be more imposing than that see their children brought up in such manner that in the last, we have had no opportunity of judging, they should have learning and knowledge more but the last certainly was not much calculated to than they have commonly used to have in time excite feelings of legal reverence. past, specially of the grounds and principles of It was a room of no extraordinary dimensions, the law of the realm wherein they be inherit, The place for the audience exceedingly limited (though they had not the high cunning of the whole mere standing ground under the reporter's gallerybody of the law) I suppose it would be a great that for the bar exceedingly inconvenient, no better help hereafter to the ministration of justice, a great than a cockpit. Nor, on ordinary occasions, when surety for the prince, and a right great gladness the judges did not attend, was the appearance of the to all the people."

house itself imposing; the Chancellor alone was in Admitted however, the great majority of the his robes, the other law lords, few and far between, members of the Upper House have not devoted sat without any insignia of authority, or any very themselves to the study of the law, neither for the marked regard to attention and decorum. Lord reasons assigned by Blackstone, nor for any others, Brougham, for instance, with an unvarying inand they have not rendered themselves competent quietude of manner, at one moment busy taking a judges in the last resort; the duty was one of im- note of the argument, the next jumping up, and perfect obligation, which they have not fulfilled, approaching the woolsack, luring the Chancellor and they have in consequence felt themselves into conversation, or failing in that, walking to the unfitted to form an independent judgment, and, bar to ask a question, or called out for ten minutes, whenever they attended at the hearing of appeals, and then returning to an argument, the thread of they were on all questions of law either cyphers which had been interrupted. following the advice of the Chancellor-or, if self Sir Edward Sugden remarks :-“Noble lords opinionated, their decision was mischievous, as should not feel themselves at liberty to occupy the calculated to unsettle the pre-existing law. attention of the Lord Chancellor with any other

The "delicacy of sentiment” to which our great subject during the hearing, and above all the Lord commentator alludes, was a very proper reason for Chancellor should give to the argument his undithe lay lords not voting in Mr. "O'Connell's case, vided attention." but their abstaining from so doing, for the reasons We cannot forbear quoting the following very put by Lord Wharncliffe, was tantamount to a sensible observations, which are as applicable to a confession of incompetence, and it must now be judge sitting in any other court, as to one in the taken as conceded, that their appellate jurisdiction House of Lords :is confided to the few law lords whom professional “ Nothing discourages a counsel so much as the eminence has raised to the peerage, and who are inattention of a judge; it has a tendency to render thus in trath its pillars.

him indifferent to his argument, for it is very disDo then the few hands to whom this most tressing when one of great labour is thrown away, arduous duty has been delegated, perform it satis- and, if he persevere, it leads to repetition, which factorily? Our author thinks not :-“Undoubtedly in its turn disgusts the judge, and the court and much is required. Fixation of law, general rules the bar become mutually dissatisfied with each not simply binding in law, and the guides which other. If a judge give, as he ought to do, his undijudges are bound to follow, but well founded in /vided attention to the argument, he encourages the

diligent, and stimulates the indolent, and he can to personal property,) because there was a gift of always interpose with propriety when a counsel is property producing the amount of the annuities, rambling or repeating his argument. The great but he thought a subsequent codicil cut them down object of counsel must be to impress the judge with to life estates. The House of Lords reversed this his view of the case, he always desires to succeed, decision, and held the annuities perpetual, on the when he is satisfied the judge comprehends him, ground stated by Sir Edward, that there was a gift his purpose is answered. The assistance which of property producing the amount of the annuity, would be given to the House of Lords in a well and that the gift being of a perpetual annuity, could regulated court of appeal, would at once impress not be cut down without " indication plain," which upon it the forms of a court of justice, and as the the codicils did not afford. highest, from which there is no appeal, it would The value of the decision is not great, if it feel bound to give its attention wholly to the cause, cannot be understood as affirining Lord Plunket's and would be able readily to keep counsel to the decree on the authority of Wild's case. Sir Edward points really in dispute. It is not often possible to observes truly enough, “It was decided upon satisfy the losing side, but if the judge is incom- another ground, and Lord Plunket's reliance on petent or inattentive, the counsel who fails is sure Wild's case was not supported on the re-hearing, to complain ; his dissatisfaction quickly communi- or on the appeal." Now, directly it assuredly was cates itself to his client, the suitor, who has not not, but Lord Brougham stoutly defended the the consolation which an attentive hearing and a decision of Lord Plunket, and certainly agreed well considered judgment would afford to him. with him, that the rule in Wild's case of itself is Thus mens' minds are soured, and they become, applicable to personalty.'” not without reason, discontented with the best insti. Lord Campbell was more doubtful_“I do not tutions of the country.”

consider myself bound by Lord Chancellor Suge Though Sir Edward Sugden was himself a for- den's doctrine on this subject. I am not clear that midable judge to plead before, yet no man seemed this principle may not be applied to a bequest of to appreciate more keenly an able argument, or on personalty." such occasions did the advocate greater justice. Sir Edward, after vindicating himself from Lord

We have lingered so long that we must pass by Brougham's random charge—that he had looked to the proposed plans of our author, Lord Cottenham the margin of Wild's case, instead of to the case and Lord Langdale, for the improvement of the itself—by the most satisfactory proof in the world, appellate jurisdiction. The body of the work as the only edition he possessed of Lord Coke's contains a review of the decisions of the House of reports was that of 1727, in which there are no Lords upon the law of property. We believe it marginal notes, and having shewn that the noble will be very useful to the practising lawyer, as it lord could himself be inaccurate, labours with presents in a point the authorities bearing upon considerable success, by a review of all the every question discussed, and shows how far the authorities, to prove that the rule in Wild's case is law may be considered settled. The deduction by inapplicable to personalty, and not strictly adhered the author of the law on each head, is not suffi- to in realty, and having thus disposed of Lord ciently clear, which we regret, as it would have Plunket and Lord Brougham, he attacks the added inuch to the practical utility of the work ; decision on the grounds by which his own was which will be found more useful in suggesting reversed, and implies that the lords, in effectuating arguments than removing difficulties.

the intention of the testator, have removed landThe reader is naturally attracted to the review marks of the law. of those decisions which the author himself had The case, therefore, is deprived of all weight as made, and which were subsequently brought by a leading authority, and leaves the law in the most appeal before the House of Lords.

unsettled state possible. Is the rule in Wild's case, In Heron v. Stokes, the author still maintains his or is it not, applicable to personalty ? own opinion, though very temperately. The ques The part devoted to the rights of husband and tions arose on a will of personalty. It was, un- wife would interest the general, as well as the doubtedly, a case of considerable difficulty. Lord legal reader. Lord Brougham, in the case of Plunket made a decree deciding that certain annui- Howard v. Digby, (2 Clark & Finelly 634,) started ties were perpetual, grounding his judgment on a some queer doctrines as to pin money, in a judgment point of great importance, as he extended the rule which would read exceedingly well in a romance

, in Wild's case, (6 Rep. 17,) as to real estate, to or the Book of Beauty, or any work of light literapersonalty, namely, that if A. deviseth his lands to ture, but which, in the pages of a law report, B, and to his children or issues, and he hath not savour amazingly of the burlesque. Sir Edward any issue at the time of the devise, the same is an thinks the decision untenable, at least, not easily estate tail; but if a man devise lands to A. and to reconciled with the current of authorities; if it be his children or issue, and they then have issue, any satisfaction to him to be able to add another they shall have but a joint estate for life. Sir E. case to those in which the authority of the House Sugden after stating, “ I do not know that I ever of Lords has not been acquiesced in, we can inform bestowed so much attention upon a case lying him that the present Lord Chancellor for Irewithin so small a compass," reversed the previous land has decided in a case, not yet reported, decision, being of opinion that if the will stood that pin money stands on no different footing from alone, the annuities were perpetual, (not on the separate estate, and can be recovered in like authority of Wild's case, as to which he had great manner. doubts, as to the possibility of applying its doctrine

« EelmineJätka »