« EelmineJätka »
(Continued from p. 112.)
known to such respective deponents, were mentioned in 37. That no land or lease shall be sold without the order such notice; and in case the sale shall have been made by of the court, unless the price at which the same shall be
an incumbrancer after notice to an owner, such affidavit shall sold shall be equal to or exceed the sums which a surveyor also state that notice was given to the owner according to appointed or authorized as herein-after mentioned shall cer- the provisions of this act; and such certificate of the fair. tify in writing to be the fair selling value thereof; and the selling value, and the official certificates of such negative Lord Lieutenant or other chief govenor or governors for the searches, shall be annexed to and filed with such affidavit; time being of Ireland may appoint or authorize, as occasion and the registrar of the court shall give a certificate of the shall require, such and so many surveyors as he or they filing of such affidavit, specifying the names of the depomay think fit, to act as surveyors for the purposes of this Dents, the dates of the jurat, and of the filing, and such act, and at pleasure to revoke any such appointment or autho- other particulars as he may think necessary to identify such rity; and such surveyors may be so appointed or authorized affidavit, and shall state the amount of the purchase-money to act throughout Ireland, or for any counties, county, or mentioned in such affidavit, and that such affidavit contansi division mentioned in such appointment or authority.
the statements required in an affidavit upon a sale without 38. That where any person having entered a caveat under the order of the court under this act; provided that where the provision herein-before contained shall in such caveat
such an affidavit as aforesaid shall have been filed upon a sale have signified his desire that notice be given to him of the of a part of the land or lease described in such notice as price at which any sale shall be made, the owner or incum- aforesaid, it shall not be necessary in the affidavit to be filed brancer who shall sell as aforesaid shall, forthwith after upon any subsequent sale of other part or parts of the land entering into any contract for sale, and before the filing of or lease described in the same notice again to set forth such such affidavit as herein-after mentioned, give notice in man. notice or the publications thereof, or the searches and statener aforesaid to the person who shall have entered such ments in relation thereto, mentioned in such former affidacaveat of the price at which such land or lease, or any part vit, but reference may be made to the former affidavit, and thereof, shall liave been contracted to be sold.
to the copy of notice and statements of the publication, and 39. That where any land or lease shall be sold under this searches in such former affidavit contained, and to the ceract without the order of the court, the owner or incumbran- tificates of searches filed with such former affidavit. cer by whom such sale shall be made shall file an affidavit 40. That upon the delivery to the Accountant General of in the court, which shall be made by such owner or incum- such certificate of the registrar, the purchase money men. brancer, as the case may be, and his solicitor ; and such tioned in such certificate shall, without order of the court, affidavit shall set forth the notice which shall have been be paid into the bank of Ireland, in the name and with the published by advertisement and otherwise as aforesaid of privity of the Accountant General, to his account in the such sale, and shall state the dates of the several publications matter of private sales, under the “Act to facilitate the Sale of such notice by advertisement, and shall also state that to
of Incumbered Estates in Irelanıl," to the credit of the perthe best of the knowledge and belief of the deponents such
sons interested in the land or lease mentioned in the affidanotice has been otherwise published and given as directed vit, describing such affidavit by reference to the names of by this act, and shall state whether the whole or what part the deponents, and the dates of the jurat and filing, and or parts of the land or lease described in such notice shall otherwise as described in such certificate of the registrar ; have been sold, and to whom, and shall state the amount and such purchase-money shall be paid out or applied by or, of the purchase money, and the person by whom the same is der of the court made from time to time upon petition to be to be paid, and that the purchase money was the best price preferred in a summary way by any person entitled under that could be reasonably gotten at the time of such sale, this act; and unless within two months after payment into and shall state the sum which shall have been certified by a
the bank of such purchase-money the court shall otherwise surveyor authorized as aforesaid to be the fair selling value direct, such purchase-money shall, without order for this thereof, and, if a part or parts only of the land or lease purpose, be invested by the Accountant General in the purshall have been sold, shall sufficiently describe the same by chase in his name of any stocks, funds, or annuities transthe description by which the same shall have been sold and ferable at the bank of Ireland. conveyed, or shall be intended to be conveyed; and the
41. That a separate register of the affidavits filed upon deponents in such affidavit shall declare that such land or
sales without order of the court under this act shall be kept, lease, or the part or parts thereof so sold, has or have been and any person shall have liberty at any reasonable time to so sold without fraud, for the purpose of discharging an
inspect the same, on payment of the sum of two shillings incumbrance or incumbrances affecting such land or lease, and six pence for such inspection, and shall be furnished and where the sale shall be made by an incumbrancer, that
with a copy of any affidavit on payment after the rate of the principal sum of two hundred pounds or upwards is two-pence for every seventy-two words contained in such justly owing on his incumbrance; and such affidavit shall copy. also state, that before the publication of such notice by ad
42. That where such purchase-money shall be paid into vertisement a negative search was made in the office for the bank of Ireland, with the privity of the Accountant registering deeds, wills, and conveyances in Ireland, for a
General, no defect or irregularity in the notices and affida-, period of not less than sixty years next before the day of vit, or the certificate of the registrar herein-before required. making certificate of such search (such day not being more
shall invalidate or affect such sale or the operation thereof. 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 af- veyance 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 persons entitled or interested, or who may become entitled years before the day of making certificate of such last-men
or interested, under the same settlement, will, or other as. tioned search (such day not being more than three months
surance, if any, mentioned in such notice, and all persons before the first publication by advertisement of such notice) entitled or interested, or who may become entitled or inteagainst the several persons the judgments and incumbrances rested, under the incumbrances mentioned in such notice, against whom would, in the judgment and belief of such
and also as against all estates, rights, and interests, which deponents, have affected such land or lease, and that all the the persons against whom such conveyance is made an effecincumbrances appearing on such respective searches, except tual disposition, or the persons by whom such incumbran. such (if any) as such deponents know to have been satisfied,
ces shall have been created, at the time of such creation, or or to have otherwise ceased to affect such land or lease, and at any time afterwards, might have passed, barred, or preall other incumbrances (if any) affecting such land or lease vented from taking effect, save and except the estates,
rights, and interests of all lessees, tenants, and occupiers which shall have been sold or contracted to be sold, or shall in possession, and of all lessees and under-lessees at rents be desired to be sold, whether with or without the order of subject to whose leases or under-leases the owner mentioned the court, and any doubt shall exist as to the order and in such notice shall be owner of the land or lease expressed priority of such incumbrances, and in any case in which the to be conveyed; and from and after the expiration of five court shall consider an issue or a suit or action expedient years from the time of the payment of such purchase-money for ascertaining or determining the rights of parties in the into the bank of Ireland as aforesaid, such conveyance shall land or lease or incumbrance, the court may at any time, have the same operation as if the sale and conveyance had either before or after any sale under this act, direct proceed. been a sale and conveyance under the order of the court ings to be instituted at law or in equity for the purpose of under the provisions herein-before contained.
ascertaining the same, and to make any rules or directions 44. That a conveyance without the order of the court relative to such matters as it shall see fit. shall not prejudice or affect any estate, right, or interest, 49. That the surplus of the purchase money received on (other than the estates, rights, or interests against which any sale, whether under the order of the court or without such conveyance is made effectual upon the payment of the the order of the court, after the discharge of all incumbras. purchase money into the bank of Ireland,) in case an entry, ces, shall be laid out, under the direction of the court, in action, distress, or suit shall be made or brought on or in the purchase of other land, which shall be limited and settled respect of such other estate, right, or interest before the to the same uses, upon the same trusts, for the same purextirpation of such five years as aforesaid ; and any person poses, and in the same manner as the land sold, or such of claiming any such estate, right, or interest in the land or them as shall be then subsisting or capable of taking effect; lease comprised in such conveyance may apply to the court or such monies may, at the discretion of the court, be paid by petition in a summary way; and the court may, upon out of court to and distributed amongst the parties who such petition, order that a sum be set apart to answer any shall appear entitled thereto, as the court shall direct; and claim in respect of such estate, right, or interest, or to be all such mnopies may in the meantime be paid over to trustees, applied by way of payment in purchase of or compensation to be appointed by the court, or in such manner as it shall for the same, as the court may think fit.
direct, for the purpose of such investment thereof and in 45. That where any notice shall have been published, or such manner as shall be directed by the court. other act done, in relation to a sale without the order of the 50. That any money so paid into court may by order of court, and the owner or incumbrancer by whom such notice the court be invested by the accountant-general of the said shall have been published, or other act done, shall die or court in his name in the purchase of any stocks, funds, or cease to be owner or incumbrancer before the sale or all the annuities transferable at the bank of Ireland ; and until the sales which might be made or completed under such notice same shall be sold by order of the court, and after payment or act shall be made and completed, the person who, after of such incumbrances as aforesaid, the dividends thereof the death or determination of tho ownership of the owner shall from time to time be paid to the person who for the who shall have published such notice or done such act, shall time being would have been entitled to the rents of the land for the time being be owner of the land or lease, or the ex. to be purchased therewith. ecutors or administrators or persons who, after the death 51. That no money which under this act shall be paid or determination of the interest of the incumbrancer who into the bank of Ireland to the credit of the accountantshall have published such notice or done such act, shall for general of the Court of Chancery, or shall be paid out of the time being be incumbrancer in respect of the same incum- court, shall be liable to usher's poundage. brance, shall be entitled to proceed to the completion of the 52. That whenever the court shall appoint or direct the sale or sales which might have been made and completed by appointment of any trustee for the purposes of this act the the owner or incumbrancer by whom such notice or other court may make such provision as it shall think fit for the act shall have been published or done, in case ho had been appointment of new trustees on any event to be determined living, and had not ceased to be owner or incumbrancer, and by the court. 80 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 men- or lease to be sold under the provisions of this act, being tioned, may from time to time make such rules and orders part of an estate affected by such annual charge, the person as shall appear necessary for the protection of infants and entitled to such charge, with the approbation of the court, absent parties.
and with the consent of all parties interested in the remain46. That the money which shall be paid into the bank of ing part of such estate, may release the land or lease from Ireland on any sale without the order of the court shall be such charge, without impairing or affecting the same charge paid and applied in payment of the incumbrances which af- as to the remaining part of such estate, and the form of such fected the land or lease from the sale of which such purchase release shall be approved by the master, and may be included money shall have arisen, according to the rights of the per- in the aforesaid assurance; and if any person so entitled shall sons interested in such land or lease; provided that unless be willing to execute such release the master may state such any other person or persons shall, upon application by peti- matter in his report. tion, or otherwise, show better right thereto, the persons 54. That every person to whom all or any part of the who may be entitled to the incumbrances, and the persons purchase money received on any sale, either with or with. otherwise interested, according to the statements in the out the order of the court, shall be so paid out of court, notice and affidavit given and filed on such sale as aforesaid, shall and he is hereby declared to be liable to refund and shall be deemed to be the persons interested in such land or repay the same, or so much thereof as he shall have received, lease; and the court, upon the order for payment out of court into and amongst the person or persons who shall, upou a of any such money as aforesaid, may make such conditions suit to be instituted for that purpose, prove to the satisfacfor the delivery by the person to whom such payment may be tion of the court that he or they had at the time of such made of any title deeds, or for the execution of any release sale a better title to the land or lease so sold, and in respect of any other land or lease on such other conditions as the whereof such purchase money was received, than the percourt may think fit and direct.
son or persons to or amongst whom such purchase money 47. That as respects as well sales under the order of the shall have been so paid out and distributed; and every such court as sales without the order of the court, and the appli- repayment shall be made to such persons, and at such time, cation of the purchase money arising therefrom respectively, and in such proportions, maaner, and form respectively, as the receipt of the accountant-general, or of such other per- the court shall direct: provided always, that the court, son as the court shall appoint to receive any monies paid where from any uncertainty of title or otherwise it shall under this act, shall be a sufficient discharge for the same, appear proper so to do, before or upon the payment out of or for so much thereof as shall in such receipt be expressed court of any such purchase money may require and take from to be received.
any person to whom or for whose benetit the same or any 48. That in any case where it shall appear that there are part thereof shall be so paid out of court such security for more incumbrances than one affecting any land or lease the repayment of such money as to the court in its disere.
tion shall seem fit.
55. That where a sale shall have been made without far as the court under any special circumstances shall order. order of the court of any land or lease, and such sale shall 59. That where any lease subject to any incumbrance not have been made bona fide for the discharge of incum- shall be proposed, or shall be ordered to be sold under the brances, the person who shall have so sold, whether he provisions of this act, the court, upon the application of any shall or shall not have received all or any part of the purchase persons claiming to be owners of any estate in reversion in money under order of the court, shall be and is hereby de- the same land, may direct or authorize and empower the clared to be liable to pay or make to any person whose right master to include in his report approving a sale, and also to or interest to or in such land or lease shall have been defeated include in the sale, such estate in reversion, upon such terms or prejudicially affected by such sale such compensation as as the court, or the master under the authority of the court, the person so selling would have been liable to pay or make shall see fit; and in every such case the court, or the masin case the power given by this act had been a trust for ter, under the authority of the court, shall apportion the the discharge of incumbrances affecting such land or lease, purchase money and the expenses as the court or master and, subject thereto, a trust for the benefit of the person shall see fit; and the assurance to be made under this act whose right or interest shall have been so affected and of all shall or may include such estate in reversion so sold as aforeother persons interested in such land or lease, and the court, said, if the master shall think fit. upon suit for that purpose, shall order such compensation 60. That if any land or lease to be sold by order of the to be made, and where any sale shall have been made under court under this act shall be subject to a lease or under-lease this act without order of the court of any land or lease, and for years or lives comprising other land at an entire rent, any notice required by this act shall have been withheld, or the master, before proceeding to a sale, may apportion the shall have been omitted to be given, or where any such sale rent between the land or lease to be sold and the remainder shall have been made at an under-value by collusion with of the land subject to such rent, having first caused potice the purchaser or his solicitor or agent, then the person who thereof to be given, as well to the tenant as to the person shall have so sold under this act, whether he shall or shall by whom such entire rent shall be payable, and to the pernot have received all or any part of the purchase money
son entitled to receive such entire rent, and any persons under the order of the court, and his solicitor or agent, and claiming an interest in the matter may claim to be heard where such sale shall have been made at an under-value by before the master on the subject of such apportionment : collusion the purchaser, or his solicitor or agent if such provided no apportioment so made by the master shall be solicitor or agent shall have been cognizant of such collusion, vitiated by any want of notice, or by the absence of any shall jointly and severally be liable to pay or make to any parties, unless the court, on the application of any person person whose right or interest to or in such land or lease complaining of such apportionment, shall otherwise direct; shall have been defeated or prejudicially affected by such and after such apportionment, and after such sale shall be sale full compensation, and the court, upon suit for that pur. completed, the owners of the reversion of the respective pose against all or any of the persons liable under this provi- | lands shall have the like remedies for the apportioned rents sion, shall order such compensation to be paid or made ac- respectively as were subsisting for tho ontiro rent before cordingly, and the liability of any defendant in any such suit such apportionment; and all the covenants, conditions, and as aforesaid to any pains or penalties for perjury in respect agreements of every lease or under-lease, except as to the of any statement in any affidavit made under the provision amount of rent to be paid, shall, as regards the apportioned herein contained shall not be allowed in the way of demur- parts, remain in force in the same manner as they would rer, plea, or refusal to answer or otherwise to protect such have done in case no such apportionment had taken place. defendant from discovery in respect of the premises: pro 61. That no person entitled to any incumbrance shall be vided always, that the provision for compensation herein bound to accep: payment until such incumbrance shall be contained shall not affect or abridge the right of any per
payable, or to accept at any time less than the full amount son to bring a suit in equity for the recovery of the land or due thereon ; and no person so entitled, who, according to lease on account of fraud against any person who shall have the practice of the court or the rules of equity, shall be assisted in the commissiou of such fraud, or shall have taken entitled to six months notice of payment, shall be bound to such land with knowledge of the commission thereof. accept payment of his incumbrance without six months no
56. That no payment towards discharge of what shall be tice; but when such notice shall have been given no fresh due on any incumbrance, not being payment in full, shall notice shall be necessary if the money shall be paid within prejudice or affect any right or remedy of the incumbrancer, three months after the day fixed, nor shall any incumbrance, otherwise than as against the land or lease sold freed and being a re-purchaseable annuity, be re-purchased until the discharged from such incumbrance, unless so far as by the time for re-purchase thereof shall have arrived ; and every provisions of this act, or by any general rule or order or notice with respect to any incumbrance may be given in such special rule or order of the Lord Chancellor of Ireland or form, and by and in the name of such person, and to such of the court, is or shall be otherwise specially provided. person, as the master or the court shall direct; and every
57. That where any incumbrancer shall be satisfied, by such notice shall be binding and effectual to all intents and payment out of any monies arising from any sale under this purposes. act, and it shall appear that any person, or any land or es
62. That where any incumbrance included in an order tate other than the land or lease sold, was liable to such
for sale, or affecting any land or lease which shall be sold incumbrance or any part thereof, and that any such person without the order of the court under this act, shall, for or land or estate ought to discharge or contribute towards want of any notice or otherwise, not be payable, or where the discharge of such incumbrance or any part thereof in parties entitled to an incumbrance cannot be ascertained, exoneration of the land or lease sold, the court, may order or have not come in and claimed to be paid, the court may that any proceedings shall or may be instituted by such per-order such sum as it shall think fit to be set apart, and car. son, on such terms and in such manner as the court shall ried by the accountant-general to such credit, and to be think fit, for recovering the money which ought to be so applied as the court shall direct, in order to provide for any discharged or contributed in exoneration, and to direct that such incumbrance, and for costs and expenses relating any such money shall be paid into the bank of Ireland in thereto. the name and with the privity and to the credit, or as the 63. That pending any proceedings for a sale by order court shall direct, to be paid, applied, and dealt with in of the court, the court, on the application of any party manner aforesaid, or as the court shall direct.
interested as owner or incumbrancer, may appoint a re. 58. That no payment of or in respect of any incumbrance ceiver of any land or lease, which shall have been contracted which shall be made under this act, whether upon or after or shall be desired to be sold, or any part thereof, and also a sale under order of the court, or upon or after a sale with to discharge such receiver at any time; and that every out the order of the court, or which shall be made for faci. such receiver shall have all the same powers and authorities litating or otherwise in relation to any such sale, shall im. and be subject to the jurisdiction of the court, and to all pair any right or equity of any persons out of whose estate subsisting rules and orders of the court for the regulation such payment shall be made to be reimbursed or indemnified of receivers, in like manner, and as fully as any receiver by any person or out of any other land or estate, except so appointed in a cause pending in the court is so subject ;
By P. H. Gosse, Exq.
And in the Matter of the
and that every such receiver shall account before the master, tion, in the same manner as if the same had been originally and shall pay his balance into the Bank of Ireland, in the taken under the reference upon such petition. name, and with the privity, and to the credit aforesaid, to
(To be continued.) be paid, applied, and dealt with as the court shall direct : provided, that nothing in this act contained, shall empower the court to appoint such receiver at the instance of an incumbrancer who would not, if this this act had not passed,
NEW BOOKS, PUBLISHED THIS SEASON : be entitled to apply for the appointment of a receiver over THE NATURAL HISTORY OF IRELAND. By Wil. such land or lease.
liam Thompson, Esq., Pres. Nat. Hist. and Phil. Soc. Belfast. Bro
vol, I. Birds, 431 pp., 16s. 64. That in every case, in which the guardian of an infant
EPISODES of INSECT LIFE. Crown. Svo. 30 engravings, 16; would be authorised to do any act, or give any consent un- coloured and bound in silk, 21s. der this act, on behalf of such infant, if such infant shall 3. THE POETRY OF SCIENCE, or STUDIES OF THE PHYSI. bave no guardian, the court under this act, may appoint a
CAL PHENOMENA OF NATURE. By Robert Hunt. 8vo.487 pp. guardian of such infant for the purpose of any proceedings 4. POPULAR BRITISH ORNITHGLOGY. under this act, and also to change such guardian from time POPULAR FIELD BOTANY, and POPULAR BRITISH ENTOMO: to time.
LOGY. By M. E. Cation. 2 vols. 16mo, coloured plates, each la. 65. That where any person, the committee of whose estate
London : Reeve, Benham and Reeve,
Dublin : EDWARD J. MIL.
LIKEN, 15, College-green. if he were idiot or lunatic, would be authorised to do any act or give any consent as aforesaid, on his behalf, shall
IMPORTANT TO THE LEGAL PROFESSION. be of unsound mind, or incapable of managing his affairs, but shall not have been found idiot or lunatic under an in- W ILL, I AM
SHAW, quisition, or there shall be no committee of the estate, the
GENERAL PRINTER AND STATIONER, court, on the application of any person on behalf, or as next
8, BACHELOR'S WALK, DUBLIN, friend of such person, or on the application of any person Being about giving up business in Dublin, is determined to sell his fatu. interested in any proceedings pending under this act, may
able Stock of
BANKRUPT SCHEDULES, appoint a guardian of such person, for the purpose of any
Printed agreeably with the late Act of Parliament; together with all the such proceedings under this act, and also at any time, and stock of Account Books and Miscellaneous Stationery, at
COST PRICES. from time to time to change such guardian. 66. That the costs and expenses of, and incident to every and a variety of Draft, Leiter, and Note Papers &c; also all the
Ruled and Plain Briefing Paper, Attested Copy. Chancery Ruled Case, application for the appointment and change of any guardian
NEW CHANCERY RENTAL FORMS, under this act, shall be in the discretion of the court, and Workmen's Accounts, Cattle Stock, Rental Books, and Paper. shall and may,
if the court think fit, be introduced amongst The HOUSE will he LET to a respectable Tenant. the costs to be provided for under the general provisions of this act. ot. That this act shall not authorize, nor be taken to
In the left terinfekuchard, IN Pursuance
of the order, made in authorize the presenting of any petition for sale by order of
February, 1819, I hereby require all personas the court, in any case where an incumbrancer shall be in
who claim to be creditors of the said Riebard
Samuel Guinness, and have not proved that possession of the land subject to his incumbrance, unless
Acts of 33rd Geo. 2nd
demands before Samuel Vignolles and Eded. with his consent, nor in any case where the first mortgagee
cap. 14, and 40th Geo,
Berwick, Esqrs., Trustees of the Estate of maid 3rd, cap. 22.
Richard Samuel Guinness, and who intend shall have under his security a power of sale which has to oppose the allowance of the Certificate of the said Richard S. Guinness arisen and may be exercised, unless he shall make, or con- as provided by said Acts, or desire to intervene under the kid Order, to sent to the application, or shall, after being requested by or before the 2nd day of April next, otherwise I will proceed in their ab.
come in before me at my Chambers on the Inu's Quay, City of Dublin, on the petitioner so to do, have refused, or for three months, sence with the reference directed by the said Order, have neglected, in the opinion of the court, to use diligence
Dated this 16th February, 1819.
EDWARD LITTON. towards the exercise of such power of sale, nor in any case Dooner and McCay, Petitioner's Solicitors, 5, Kildare Street, Dublin, where, at the time of presenting such petition, any suit for foreclosure, or redemption, or sale of the incumbered land, which shall have been commenced before the first day of July LEGAL AND HISTORICAL DEBATING SOCIETY.
ESTABLISHED 1815. one thousand eight hundred and forty-eight shall be pending, unless with the consent of the parties competent to consent
A Meeting of the Members of this Society will be held in their Rooms,
No. 45, MOLES WORTH STREET, on FRIDAY EVENING, the sch to the dismissal or staying of the suit, and that every such April.' Chair to be taken at Eight o'clock precisely. consent shall be stated in the petition for confirming and car. Barristers, Law Students, and Graduates of the Universities of Dublin, rying into effect a contract for sale as aforesaid; and Oxford, and Cambridge, are eligible for admission.
Members who have changed their residences, or who have friends to that in case of such suit the court, may give directions to
propose, are requested to communicate with the Secretary. any parties for discontinuing or staying such suit, and res.
JAMES F. WRIGHT, Esq. 11, Lower Ormond Quay. pecting the costs thereof, or otherwise, and that pending any proceedings for a sale by order of the court under this
O'DRISCOLL, act any owner or person claiming to be owner within the provisions of this act, or claiming by the act of such owner
PROFESSED TROWSERS MAKER, or person, or by act of law, pending any proceedings under
9, ANGLESEA.STREET, this act, or any incumbrancer, may commence any proceed. ings at law or in equity for redemption, foreclosure, or sale, without the leave of the court, to be given under this act;
All communications for the IRISH JURIST are to be left, addressel and that in every case the court shall have full power to
to the Editor, with the Publisher, E. J MILLIKEN, 15, COLLEGE
GREEN. Correspondents will please give the Name and Address, as the make or grant any order or injunction for staying any pro
columns of the paper cannot be occupied with answers to Anonymous ceedings contrary to the provisions of this act, and for costs
Communications or will the Editor be accountable for the return of
Manuscripts, &c. relative thereto: provided always, that this act shall not authorize any sale or assignment of a lease contrary to the Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL. covenants and conditions of such lease.
LEGE GREEN, or by letter (post paid), will cnsure its punctual delivery 68. That when any petition shall be presented for confirm- publication.
in Dublin, or its being forwarded to the Country, by Post, on the day of ing and carrying into effect a contract for sale or for a sale under this act of any land or lease in respect of which any suit
Terms of SUBSCRIPTION-(payable in advance):
Yearly, 30s. Half-yearly, 178 for foreclosure or redemption or sale shall have been pending, and shall be discontinued or stayed under this act, the court may order that all such proofs and debts and other proceed Deleted by REED, in the Parish of St. Andrew, and published hos
Printed THOMAS , No. , ings, and such evidence as shall have been taken in the suit,EDEEEGE OREEN, in same Parish. by EDWARD JOHNSON may be adopted and used in the proceedings under such peti- MILLIKEN, residing at the same place, all being in the l'ounty of the
City of Dublin. Saturday, February 21, 1849.
No. 18. – Vol. I,
MARCH 3, 1849.
Per Annum, £i 10s,
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
Court of Exchequer
John BLACKHAM, Esq., and and cluding Bankruptcy
A. HICKEY, Esq., Barristers-at
Queen's Bench, includ-S FLORENCE M'CARTEX, Esq., and WILLIAM BURKE, Esq., and
. Rolls Court......... WILLIAM JOHN DUNDAs, Esq., gistry Appeals........ Barristers-at-Law. Barristers-at-Law.
Exchequer of Pleas, in: Chas: H. HEMPHILL, Esq., and CHARLES HARE HEMPHILL, Esq.
risters-at-Law. Equity Eschequer......
WILLIAM HICKSON, Esq., Bar-
Common Pleas ... ........
| ROBERT GRIPFIN, Esq., Barris
DUBLIN, MARCH 3, 1849.
to the interest of a burgess. The prisoner having been brought to the bar for arraignment, his
counsel objected that this could not be done while The case of the Queen v. Charles Gavan Duffy he was in the custody of the sheriff of the city, has been so protracted, so often before the public and that the writs of habeas corpus sued out for at distinct intervals of time, the points raised have the purpose of removal, could not be acted on, not been so numerous, and the law of criminal pleading having been issued ten days previous to the holdso thoroughly sifted, that we think a succinct his- ing of the Commission for the county. The objectory of this extraordinary case may prove accept- tion was ruled in the prisoner's favour. The case able to our readers.
of the Queen v. Martin having, in the interim, The proceedings have already been before four been decided in favour of the crown, at the ensuing Commissions of Oyer and Terminer, four bills of commission, in December, for the county of the indictment have been found, and the prisoner has city, the prisoner was, for the third time, indicted ; been placed at the bar nearly forty different days. and, the bills being found, it was moved on his The questions of law discussed prior to the last behalf, that this indictment should be quashed, for Commission, will be found reported ante, p. 81. this reason—that the venue of the indictment had We purpose to continue our report of the subse- been changed from the county to the city, and that quent proceedings almost immediately. In antici- under the provisions of the 9th section of the pation, however, of it, and as a resumé of the 6 Geo. 4, c. 51, it was enacted, “that after the whole case, we now intend to give a brief narrative delivery of the said notices, it shall not be lawful of the points of law raised and ruled at this prose- for any person to prefer any bill of indictment to cution, unprecedented in the annals of criminal law, any sessions of Oyer and Terminer, for any such and which, judging from the past, is yet far from county of a city." In fact, that the crown could being terminated.
not return again to the city, baving once elected The prisoner was committed on the 8th of July, to proceed in the county; and that this migratory 1848, and on the 8th of August following, a bill warfare was forbidden by the statute. To this it of indictment, for feloniously publishing, in the was answered by the crown, that the notices recounty of the city of Dublin, certain printings in quired to be served, by the 8th section, on persons the Nation newspaper, was preferred to, and found who had entered into recognizances, and, by the by the grand jury of the county of the city. The 9th section, on the persons before whoin the recogindictment was framed under the recent statute, nizances had been entered into, respectively to 11 & 12 Vic. c. 12. The prisoner was not tried on | attend at, and to return the recognizance to the this indictment—the trial being postponed by the adjoining county, not having been given—that the crown, in consequence of the then recently dis- clause of the 9th section relied upon by the pricovered letter of the prisoner to W. S. O'Brien, soner did not apply. And this view of the case was
At the October Commission next following, a adopted by the court. bill of the same nature was found by the grand Three questions were raised, independently of jury of the county of Dublin, the venue being that on which the court decided. First, whether the changed, under the provisions of the 6 Geo. 4, c. crown was within the letter of the act, the word 51, by the crown, in order to avoid the question“ prosecutor,” in the enabling parts of the statute, which had been raised in the Queen v. Martin, as being large enough to include the Attorney