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Appeals, too, against the valuation of rateable property under the poor law, from the Belmullet district, would also be tried at either of those dis, tant towns, unless its annual quarter sessions happened to take place within the time limited by law for appealing.

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 determining causes by civil bill, and of transacting all such criminal, and all such other business, as may be cognisable, or determinable at any general or Quarter Sessions of the peace; and to appoint one or more convenient town or place, towns or places, in any such district in which a civil bill court, and a court for transacting such criminal and other business as aforesaid, shall be held. And every such district shall be distinguished by the name of such town or place. And every such session, and adjournment thereof, shall be good and effectual for the administration of criminal business, and civil bill cases, and doing all other business that may by law be done at the General Quarter Sessions of the Peace." And again it is enacted in section 59—“ that it shall, and may be lawful for the Lord Lieutenant, or other chief governor of Ireland for the time being, by, and with the consent of the Privy Council, to direct that a general session of the peace and civil bill court shall be held four times in every year, in any or all of the times appointed for holding sessions. And the Lord Lieutenant, or other chief governor of Ireland for the time being, shall nominate and appoint the baronies, or half baronies, or parishes, for which respectively such sessions

shall be held."

By this enactment the legislature seems to have done much to facilitate the administration of justice through these courts. Pursuant to these provisions, counties have been divided into districts, and places have been appointed for holding 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.

When informations are received by magistrates at Petty Sessions they are returned to the next Quarter Sessions for the division or district; now some of these divisions are very large; for instance in the Ballina division, in the county of Mayo, two of the Quarter Session towns, Belmullet and Swineford, are upwards of fifty Irish miles apart, and cases are constantly sent for trial from the Belmullet Petty Sessions to the Swineford Quarter Sessions. This is a great hardship both to the prosecutor, and the prosecuted, who are under the necessity of bringing their witnesses upwards of fifty miles from their homes, and of supporting them in a strange town until the trial comes on. In civil cases, likewise, considerable inconvenience is constantly experienced. At Belmullet, Quarter Sessions are held but once a year; hence, as plaintiffs, may bring their processes at any Quarter Sessions in the division, parties are constantly taken, with their witnesses,

These inconveniences-if they do not deserve some worse name-are obviously the consequence of the great extent of the divisions, and of sessions not being held with sufficient frequency in some of the towns. This division of the county of Mayo is not a solitary instance, though, from its great size, it perhaps exhibits the faults of the system more glaringly than they appear elsewhere.

In poor districts, such as that county, the present arrangement should be altered, by diminishing the size of the district and increasing the number of Quarter Sessions within the year; or the jurisdiction of the Petty Session Courts should be extended, so as to embrace all simple contract debts of small amount. It seems almost ridiculous that wages can be recovered in these courts, and yet that in all other, even the most trifling simple contract debts-and, among a poor population, the great majority of those debts are very trifling indeedrecourse must be had to another, and often a distant tribunal, and one in which the cost of the proceeding, though very moderate, is frequently greater than the debt proceeded for. However, there is no necessity for a new enactment, as the provisions alluded to, if carried out in their true spirit, would render the Quarter Sessions Court sufficiently convenient for every purpose.

A Treatise of the Law of Property as administered by the House of Lords. By Sir Edwd. Sugden. London, Sweet.

WHEN we stated in our last number that in our judgment the lay lords had, in the case of O'Connell v. the Queen, weakly abandoned one of the highest functions with which they have been entrusted by the constitution, we should, perhaps, have qualified the statement so far as to limit our condemnation to the fact of their not attending as judges, rather than that of their not voting. We think they-or those of them who had not heard the arguments-acted quite rightly in not voting when they had not been present during the consideration of the case, and had not throughout acted as judges. But we also think that not only on this, but on other occasions, by not taking part in the appeal business of the country, they have culpably neglected one branch of their duty, and delegated their entire appellate jurisdiction to a few law

lords. They have been invested with a very solemn trust they have been for two centuries the arbiters of the nicest and most critical points of law in the last resort. "Yet, vast as this trust is, it can no where be so properly reposed as in the noble hands where our excellent constitution has placed it, because, from the independence of their fortunes, and the dignity of their station, they are presumed to employ that leisure, which is the consequence of both, in attaining a more extensive knowledge of the law than persons of inferior rank, and because the founders of our polity relied upon that delicacy of sentiment, so peculiar to noble birth, which as, on the one hand, it will prevent either interest or affection from interfering in questions of right, so, on the other, it will bind a peer in honour, an obligation which the law esteems equal to another's oath, to be master of those points upon which it is his birthright to decide."

*

So wrote Sir Wm. Blackstone nearly a hundred years ago, and the same point was earlier urged with as much force, and more quaintness, in the Doctor and Student, "As for knights and other nobles of the realm, me-seemeth that they should be bound to take knowledge of the law. And therefore if the noblemen of this realm would see their children brought up in such manner that they should have learning and knowledge more than they have commonly used to have in time past, specially of the grounds and principles of the law of the realm wherein they be inherit, (though they had not the high cunning of the whole body of the law) I suppose it would be a great help hereafter to the ministration of justice, a great surety for the prince, and a right great gladness to all the people."

Admittedly, however, the great majority of the members of the Upper House have not devoted themselves to the study of the law, neither for the reasons assigned by Blackstone, nor for any others, and they have not rendered themselves competent judges in the last resort; the duty was one of imperfect obligation, which they have not fulfilled, and they have in consequence felt themselves unfitted to form an independent judgment, and, whenever they attended at the hearing of appeals, they were on all questions of law either cyphersfollowing the advice of the Chancellor or, if selfopinionated, their decision was mischievous, as calculated to unsettle the pre-existing law.

The "delicacy of sentiment" to which our great commentator alludes, was a very proper reason for the lay lords not voting in Mr. O'Connell's case, but their abstaining from so doing, for the reasons put by Lord Wharncliffe, was tantamount to a confession of incompetence, and it must now be taken as conceded, that their appellate jurisdiction is confided to the few law lords whom professional eminence has raised to the peerage, and who are thus in truth its pillars.

Do then the few hands to whom this most arduous duty has been delegated, perform it satisfactorily? Our author thinks not:" Undoubtedly much is required. Fixation of law, general rules not simply binding in law, and the guides which judges are bound to follow, but well founded in

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law, and carrying with them the opinions of the great lawyers of the day, and satisfying succeeding generations. It is rarely that any great principles of law are enunciated there; that any clear fixed rule is laid down as a rule for other courts."

This he attributes to a variety of causes; the frequent disagreements of the Lords, their never meeting and agreeing upon one uniform judgment, and the unsatisfactory nature of the early reports of the decisions. He admits, however, the present jurisdiction to have its excellences. "If the audience. is not large, yet the court is open to all, and the importance of the place, the distance of the counsel from the judge, and the power which all the lords have of attending, afford an opportunity of being heard to advantage which no other place could give."

Our own early impressions of the austere dignity of the House of Lords, when sitting as the supreme court of judicature, were much lessened, if not wholly removed, on acquaintance; that solemn sanctity which invested it with a sort of mysterious awe in our imagination, was dispelled ou closer scrutiny.

Whether the chamber of justice in the new House of Lords may be more imposing than that in the last, we have had no opportunity of judging, but the last certainly was not much calculated to excite feelings of legal reverence.

It was a room of no extraordinary dimensions. The place for the audience exceedingly limitedmere standing ground under the reporter's gallerythat for the bar exceedingly inconvenient, no better than a cockpit. Nor, on ordinary occasions, when the judges did not attend, was the appearance of the house itself imposing; the Chancellor alone was in his robes, the other law lords, few and far between, sat without any insignia of authority, or any very marked regard to attention and decorum. Lord Brougham, for instance, with an unvarying inquietude of manner, at one moment busy taking a note of the argument, the next jumping up, and approaching the woolsack, luring the Chancellor into conversation, or failing in that, walking to the bar to ask a question, or called out for ten minutes, and then returning to an argument, the thread of which had been interrupted.

Sir Edward Sugden remarks:— "Noble lords should not feel themselves at liberty to occupy the attention of the Lord Chancellor with any other subject during the hearing, and above all the Lord Chancellor should give to the argument his undivided attention."

We cannot forbear quoting the following very sensible observations, which are as applicable to a judge sitting in any other court, as to one in the House of Lords :

"Nothing discourages a counsel so much as the inattention of a judge; it has a tendency to render him indifferent to his argument, for it is very distressing when one of great labour is thrown away, and, if he persevere, it leads to repetition, which in its turn disgusts the judge, and the court and the bar become mutually dissatisfied with each other. If a judge give, as he ought to do, his undivided attention to the argument, he encourages the

diligent, and stimulates the indolent, and he can always interpose with propriety when a counsel is rambling or repeating his argument. The great object of counsel must be to impress the judge with his view of the case, he always desires to succeed, when he is satisfied the judge comprehends him, his purpose is answered. The assistance which would be given to the House of Lords in a well regulated court of appeal, would at once impress upon it the forms of a court of justice, and as the highest, from which there is no appeal, it would feel bound to give its attention wholly to the cause, and would be able readily to keep counsel to the points really in dispute. It is not often possible to satisfy the losing side, but if the judge is incompetent or inattentive, the counsel who fails is sure to complain; his dissatisfaction quickly communicates itself to his client, the suitor, who has not the consolation which an attentive hearing and a well considered judgment would afford to him. Thus mens' minds are soured, and they become, not without reason, discontented with the best institutions of the country."

Though Sir Edward Sugden was himself a formidable judge to plead before, yet no man seemed to appreciate more keenly an able argument, or on such occasions did the advocate greater justice.

We have lingered so long that we must pass by the proposed plans of our author, Lord Cottenham and Lord Langdale, for the improvement of the appellate jurisdiction. The body of the work contains a review of the decisions of the House of Lords upon the law of property. We believe it will be very useful to the practising lawyer, as it presents in a point the authorities bearing upon every question discussed, and shows how far the law may be considered settled. The deduction by the author of the law on each head, is not sufficiently clear, which we regret, as it would have added much to the practical utility of the work; which will be found more useful in suggesting arguments than removing difficulties.

The reader is naturally attracted to the review of those decisions which the author himself had made, and which were subsequently brought by appeal before the House of Lords.

In Heron v. Stokes, the author still maintains his own opinion, though very temperately. The questions arose on a will of personalty. It was, undoubtedly, a case of considerable difficulty. Lord Plunket made a decree deciding that certain annuities were perpetual, grounding his judgment on a point of great importance, as he extended the rule in Wild's case, (6 Rep. 17,) as to real estate, to personalty, namely, that if A. deviseth his lands to B., and to his children or issues, and he hath not any issue at the time of the devise, the same is an estate tail; but if a man devise lands to A. and to his children or issue, and they then have issue, they shall have but a joint estate for life. Sir E. Sugden after stating, "I do not know that I ever bestowed so much attention upon a case lying within so small a compass," reversed the previous decision, being of opinion that if the will stood alone, the annuities were perpetual, (not on the authority of Wild's case, as to which he had great doubts, as to the possibility of applying its doctrine

to personal property,) because there was a gift of property producing the amount of the annuities, but he thought a subsequent codicil cut them down to life estates. The House of Lords reversed this decision, and held the annuities perpetual, on the ground stated by Sir Edward, that there was a gift of property producing the amount of the annuity, and that the gift being of a perpetual annuity, could not be cut down without "indication plain," which the codicils did not afford.

The value of the decision is not great, if it cannot be understood as affirming Lord Plunket's decree on the authority of Wild's case. Sir Edward observes truly enough, "It was decided upon another ground, and Lord Plunket's reliance on Wild's case was not supported on the re-hearing, or on the appeal." Now, directly it assuredly was not, but Lord Brougham stoutly defended the decision of Lord Plunket, and certainly agreed with him, that the rule in Wild's case of itself is applicable to personalty.'"

Lord Campbell was more doubtful—“I do not consider myself bound by Lord Chancellor Sugden's doctrine on this subject. I am not clear that this principle may not be applied to a bequest of personalty."

Sir Edward, after vindicating himself from Lord Brougham's random charge-that he had looked to the margin of Wild's case, instead of to the case itself-by the most satisfactory proof in the world, as the only edition he possessed of Lord Coke's reports was that of 1727, in which there are no marginal notes, and having shewn that the noble lord could himself be inaccurate, labours with considerable success, by a review of all the authorities, to prove that the rule in Wild's case is inapplicable to personalty, and not strictly adhered to in realty, and having thus disposed of Lord Plunket and Lord Brougham, he attacks the decision on the grounds by which his own was reversed, and implies that the lords, in effectuating the intention of the testator, have removed landmarks of the law.

The case, therefore, is deprived of all weight as a leading authority, and leaves the law in the most unsettled state possible. Is the rule in Wild's case, or is it not, applicable to personalty?

The part devoted to the rights of husband and wife would interest the general, as well as the legal reader. Lord Brougham, in the case of Howard v. Digby, (2 Clark & Finelly 634,) started some queer doctrines as to pin money, in a judgment which would read exceedingly well in a romance, or the Book of Beauty, or any work of light literature, but which, in the pages of a law report, savour amazingly of the burlesque. Sir Edward thinks the decision untenable, at least, not easily reconciled with the current of authorities; if it be any satisfaction to him to be able to add another case to those in which the authority of the House of Lords has not been acquiesced in, we can inform him that the present Lord Chancellor for Ireland has decided in a case, not yet reported, that pin money stands on no different footing from separate estate, and can be recovered in like manner.

(Continued from p. 112.)

37. That no land or lease shall be sold without the order of the court, unless the price at which the same shall be sold shall be equal to or exceed the sums which a surveyor appointed or authorized as herein-after mentioned shall certify in writing to be the fair selling value thereof; and the Lord Lieutenant or other chief govenor or governors for the time being of Ireland may appoint or authorize, as occasion shall require, such and so many surveyors as he or they may think fit, to act as surveyors for the purposes of this act, and at pleasure to revoke any such appointment or authority; and such surveyors may be so appointed or authorized to act throughout Ireland, or for any counties, county, or division mentioned in such appointment or authority.

38. That where any person having entered a caveat under the provision herein-before contained shall in such caveat have signified his desire that notice be given to him of the price at which any sale shall be made, the owner or incumbrancer who shall sell as aforesaid shall, forthwith after entering into any contract for sale, and before the filing of such affidavit as herein-after mentioned, give notice in manner aforesaid to the person who shall have entered such caveat of the price at which such land or lease, or any part thereof, shall have been contracted to be sold.

known to such respective deponents, were mentioned in such notice; and in case the sale shall have been made by an incumbrancer after notice to an owner, such affidavit shall also state that notice was given to the owner according to the provisions of this act; and such certificate of the fairselling value, and the official certificates of such negative searches, shall be annexed to and filed with such affidavit; and the registrar of the court shall give a certificate of the filing of such affidavit, specifying the names of the deponents, the dates of the jurat, and of the filing, and such other particulars as he may think necessary to identify such affidavit, and shall state the amount of the purchase-money mentioned in such affidavit, and that such affidavit contansi the statements required in an affidavit upon a sale without the order of the court under this act; provided that where such an affidavit as aforesaid shall have been filed upon a sale of a part of the land or lease described in such notice as aforesaid, it shall not be necessary in the affidavit to be filed upon any subsequent sale of other part or parts of the land or lease described in the same notice again to set forth such notice or the publications thereof, or the searches and statements in relation thereto, mentioned in such former affidavit, but reference may be made to the former affidavit, and to the copy of notice and statements of the publication, and searches in such former affidavit contained, and to the certificates of searches filed with such former affidavit.

40. That upon the delivery to the Accountant General of such certificate of the registrar, the purchase money mentioned in such certificate shall, without order of the court, be paid into the bank of Ireland, in the name and with the privity of the Accountant General, to his account in the matter of private sales, under the "Act to facilitate the Sale of Incumbered Estates in Ireland," to the credit of the persons interested in the land or lease mentioned in the affidavit, describing such affidavit by reference to the names of the deponents, and the dates of the jurat and filing, and otherwise as described in such certificate of the registrar; and such purchase-money shall be paid out or applied by or der of the court made from time to time upon petition to be preferred in a summary way by any person entitled under this act; and unless within two months after payment into the bank of such purchase-money the court shall otherwise direct, such purchase-money shall, without order for this purpose, be invested by the Accountant General in the purchase in his name of any stocks, funds, or annuities transferable at the bank of İreland.

41. That a separate register of the affidavits filed upon sales without order of the court under this act shall be kept, and any person shall have liberty at any reasonable time to inspect the same, on payment of the sum of two shillings and six pence for such inspection, and shall be furnished with a copy of any affidavit on payment after the rate of two-pence for every seventy-two words contained in such copy.

39. That where any land or lease shall be sold under this act without the order of the court, the owner or incumbrancer by whom such sale shall be made shall file an affidavit in the court, which shall be made by such owner or incumbrancer, as the case may be, and his solicitor; and such affidavit shall set forth the notice which shall have been published by advertisement and otherwise as aforesaid of such sale, and shall state the dates of the several publications of such notice by advertisement, and shall also state that to the best of the knowledge and belief of the deponents such notice has been otherwise published and given as directed by this act, and shall state whether the whole or what part or parts of the land or lease described in such notice shall have been sold, and to whom, and shall state the amount of the purchase money, and the person by whom the same is to be paid, and that the purchase money was the best price that could be reasonably gotten at the time of such sale, and shall state the sum which shall have been certified by a surveyor authorized as aforesaid to be the fair selling value thereof, and, if a part or parts only of the land or lease shall have been sold, shall sufficiently describe the same by the description by which the same shall have been sold and conveyed, or shall be intended to be conveyed; and the deponents in such affidavit shall declare that such land or lease, or the part or parts thereof so sold, has or have been so sold without fraud, for the purpose of discharging an incumbrance or incumbrances affecting such land or lease, and where the sale shall be made by an incumbrancer, that the principal sum of two hundred pounds or upwards is justly owing on his incumbrance; and such affidavit shall also state, that before the publication of such notice by advertisement a negative search was made in the office for registering deeds, wills, and conveyances in Ireland, for a period of not less than sixty years next before the day of making certificate of such search (such day not being more than three months before the time of the first publication by 43. That upon the payment of the purchase-money into advertisement of such notice) for the acts affecting such the bank of Ireland the conveyance upon a sale without the land, or the land comprised in such lease, of all persons by order of the court shall, as from the execution thereof by whose acts, according to the belief of the deponent, the the person selling, and without the execution of such conland or lease described in such notice might have been afveyance by any other person, be an effectual disposition of fected in title or charge, and that a negative search was also the land or lease thereby expressed to be conveyed, as against made in the office for the registration of judgments and the person making such conveyance, and as against the owner incumbrances affecting real estates in Ireland for such judg-mentioned in the notice set forth in such affidavit, and all ments and other incumbrances there registered within twenty years before the day of making certificate of such last-mentioned search (such day not being more than three months before the first publication by advertisement of such notice) against the several persons the judgments and incumbrances against whom would, in the judgment and belief of such deponents, have affected such land or lease, and that all the incumbrances appearing on such respective searches, except such (if any) as such deponents know to have been satisfied, or to have otherwise ceased to affect such land or lease, and all other incumbrances (if any) affecting such land or lease

42. That where such purchase-money shall be paid into the bank of Ireland, with the privity of the Accountant General, no defect or irregularity in the notices and affida-, vit, or the certificate of the registrar herein-before required. shall invalidate or affect such sale or the operation thereof.

persons entitled or interested, or who may become entitled or interested, under the same settlement, will, or other assurance, if any, mentioned in such notice, and all persons entitled or interested, or who may become entitled or interested, under the incumbrances mentioned in such notice, and also as against all estates, rights, and interests, which the persons against whom such conveyance is made an effectual disposition, or the persons by whom such incumbran.

ces shall have been created, at the time of such creation, or at any time afterwards, might have passed, barred, or prevented from taking effect, save and except the estates,

rights, and interests of all lessees, tenants, and occupiers in possession, and of all lessees and under-lessees at rents subject to whose leases or under-leases the owner mentioned in such notice shall be owner of the land or lease expressed to be conveyed; and from and after the expiration of five years from the time of the payment of such purchase-money into the bank of Ireland as aforesaid, such conveyance shall have the same operation as if the sale and conveyance had been a sale and conveyance under the order of the court under the provisions herein-before contained.

44. That a conveyance without the order of the court shall not prejudice or affect any estate, right, or interest, (other than the estates, rights, or interests against which such conveyance is made effectual upon the payment of the purchase money into the bank of Ireland,) in case an entry, action, distress, or suit shall be made or brought on or in respect of such other estate, right, or interest before the extirpation of such five years as aforesaid; and any person claiming any such estate, right, or interest in the land or lease comprised in such conveyance may apply to the court by petition in a summary way; and the court may, upon such petition, order that a sum be set apart to answer any claim in respect of such estate, right, or interest, or to be applied by way of payment in purchase of or compensation for the same, as the court may think fit.

which shall have been sold or contracted to be sold, or shall be desired to be sold, whether with or without the order the court, and any doubt shall exist as to the order and priority of such incumbrances, and in any case in which the court shall consider an issue or a suit or action expedient for ascertaining or determining the rights of parties in the land or lease or incumbrance, the court may at any time, either before or after any sale under this act, direct proceed. ings to be instituted at law or in equity for the purpose of ascertaining the same, and to make any rules or directions relative to such matters as it shall see fit.

49. That the surplus of the purchase money received on any sale, whether under the order of the court or without the order of the court, after the discharge of all incumbran ces, shall be laid out, under the direction of the court, in the purchase of other land, which shall be limited and settled to the same uses, upon the same trusts, for the same pur. poses, and in the same manner as the land sold, or such of them as shall be then subsisting or capable of taking effect; or such monies may, at the discretion of the court, be paid out of court to and distributed amongst the parties who shall appear entitled thereto, as the court shall direct; and all such monies may in the meantime be paid over to trustees, to be appointed by the court, or in such manner as it shall direct, for the purpose of such investment thereof and in such manner as shall be directed by the court.

50. That any money so paid into court may by order of the court be invested by the accountant-general of the said court in his name in the purchase of any stocks, funds, or annuities transferable at the bank of Ireland; and until the same shall be sold by order of the court, and after payment of such incumbrances as aforesaid, the dividends thereof shall from time to time be paid to the person who for the time being would have been entitled to the rents of the land to be purchased therewith.

51. That no money which under this act shall be paid into the bank of Ireland to the credit of the accountantgeneral of the Court of Chancery, or shall be paid out of court, shall be liable to usher's poundage.

45. That where any notice shall have been published, or other act done, in relation to a sale without the order of the court, and the owner or incumbrancer by whom such notice shall have been published, or other act done, shall die or cease to be owner or incumbrancer before the sale or all the sales which might be made or completed under such notice or act shall be made and completed, the person who, after the death or determination of the ownership of the owner who shall have published such notice or done such act, shall for the time being be owner of the land or lease, or the executors or administrators or persons who, after the death or determination of the interest of the incumbrancer who shall have published such notice or done such act, shall for the time being be incumbrancer in respect of the same incumbrance, shall be entitled to proceed to the completion of the sale or sales which might have been made and completed by the owner or incumbrancer by whom such notice or other act shall have been published or done, in case he had been living, and had not ceased to be owner or incumbrancer, and so on every successive death or determination of ownership or 53. That where any annual charge, not being an incum. interest: provided always, that the Lord Chancellor of Ire-brance within the meaning of this act, shall affect any land land, with such advice and consent as herein-before mentioned, may from time to time make such rules and orders as shall appear necessary for the protection of infants and absent parties.

46. That the money which shall be paid into the bank of Ireland on any sale without the order of the court shall be paid and applied in payment of the incumbrances which affected the land or lease from the sale of which such purchase money shall have arisen, according to the rights of the persons interested in such land or lease; provided that unless any other person or persons shall, upon application by petition, or otherwise, show better right thereto, the persons who may be entitled to the incumbrances, and the persons otherwise interested, according to the statements in the notice and affidavit given and filed on such sale as aforesaid, shall be deemed to be the persons interested in such land or lease; and the court, upon the order for payment out of court of any such money as aforesaid, may make such conditions for the delivery by the person to whom such payment may be made of any title deeds, or for the execution of any release of any other land or lease on such other conditions as the court may think fit and direct.

47. That as respects as well sales under the order of the court as sales without the order of the court, and the application of the purchase money arising therefrom respectively, the receipt of the accountant-general, or of such other person as the court shall appoint to receive any monies paid under this act, shall be a sufficient discharge for the same, or for so much thereof as shall in such receipt be expressed to be received.

48. That in any case where it shall appear that there are more incumbrances than one affecting any land or lease

52. That whenever the court shall appoint or direct the appointment of any trustee for the purposes of this act the court may make such provision as it shall think fit for the appointment of new trustees on any event to be determined by the court.

or lease to be sold under the provisions of this act, being part of an estate affected by such annual charge, the person entitled to such charge, with the approbation of the court, and with the consent of all parties interested in the remaining part of such estate, may release the land or lease from such charge, without impairing or affecting the same charge as to the remaining part of such estate, and the form of such release shall be approved by the master, and may be included in the aforesaid assurance; and if any person so entitled shall be willing to execute such release the master may state such matter in his report.

54. That every person to whom all or any part of the purchase money received on any sale, either with or with out the order of the court, shall be so paid out of court, shall and he is hereby declared to be liable to refund and repay the same, or so much thereof as he shall have received, into and amongst the person or persons who shall, upon a suit to be instituted for that purpose, prove to the satisfac tion of the court that he or they had at the time of such sale a better title to the land or lease so sold, and in respect whereof such purchase money was received, than the person or persons to or amongst whom such purchase money shall have been so paid out and distributed; and every such repayment shall be made to such persons, and at such time, and in such proportions, manner, and form respectively, as the court shall direct: provided always, that the court, where from any uncertainty of title or otherwise it shall appear proper so to do, before or upon the payment out of court of any such purchase money may require and take from any person to whom or for whose benefit the same or any part thereof shall be so paid out of court such security for the repayment of such money as to the court in its discre tion shall seem fit.

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