Page images

“ It is not within the 25th section, because, though

(Continued from p. 136.) a suit by a cestui que trust against his trustee, it is not a suit to recover “the land,” but a sum of An Act to explain the acts for preventing the destruction of

CAP. LIJ, money. Nor is it within the 40th section, because,

the breed of salmon and fish of the salmon kind. though a proceeding to recover a sum of money,

[14th August, 1818.] it is not a sum of money charged upon land merely Sec. 1. The word "riverin recited acts to apply to tributary in any of the ways mentioned in that section. It streams thereof. is a suit by a cestui que trust against his trustee, to 2. The last recited act to apply to salmon trout and fisk oblige him to perform his trust, by raising and of the salmon kind as well as to salmon. paying the sum of money, for the raising and pay

3. Not to extend to offences committed before passing

of this act. ing of which he holds the estate. In fact, it is a

4. Act may be amended, gc. suit altogether out of the statute, but within that

• Whereas an act was passed in the 58 G. 3, c. 43, and well-established principle of a Court of Equity,

whereas an act was passed in the session of parliament that as between an express trustee and cestui que held in the sixth and seventh years of the reign of Her trust length of time creates no bar, and with that present Majesty, to amend and extend the provisions of principle this statute was not designed to interfere the said first-recited act: and whereas it is expedient to in this class of cases."

* remove doubts which have arisen whether the said aets It will be observed, that the opinion of the extend to the tributary streams of rivers, and the provi. learned judges in the foregoing case was not neces-trout and fish of the salmon kind:' be it enacted, that in

sions of the said secondly-mentioned act extend to salmon sary for their decision of the point before them, the construction of the said acts, the words " river" and and was, therefore, so far extra-judicial.

rivers" shall include all the tributary streams of such river The point was fairly raised in Dundas v. Blake. and rivers respectively. On reference to our report, it will be seen that the

2. That all the provisions, in the said act of the sixth trust created by the will was general; and that the and seventh years of the reign of Her present Majesty coulands, without the intervention of trustees, was trout and fish of the salmon kind, as if in every case where

tained for the protection of salmon shall extend to salmon given to the devisees beneficially. Counsel for salmon is in such act mentioned salmon trout and fish of the plaintiffs pressed very strongly upon the court, the salmon kind had been also expressly mentioned. that the distinction taken in Hunt v. Bateman 3. That with respect to any offence committed before was not justified by authority or principle—that a the passing of this act the said acts shall be construed as if Court of Equity only looked to the intention of this act had not been passed. the testator, and that it was perfectly immaterial, to be passed during the present session of parliament.

4. That this act may be amended or repealed by any act in that view, in whose hands the estates were ; if in the hands of the beneficial devisee he was, by

CAP. LIII. the will, constituted a trustee—that if the same An Act to empower the commissioners of Her Majesty's

woods to make certain alterations and improvements in instrument gave the benefit, it gave the burthen

the approaches to the castle and town of Windsor. likewise--that a Court of Equity would not permit

[14th August, 1818.] bim to retain the former and divest himself of the latter--that the distinction was more one of words An Act for incorporating the commissioners of the Caledo.

CAP. LIV. than substance; and it was asked, How could it be

nian canal, and for vesting the Crinan canal in the said maintained that the debt was saved, where the legal commissioners.

(14th August, 1848.] estate was in the hands of a naked trustee who never acted, and barred in those of the man in An Act for consolidating the offices of paymasters of Ex che

CAP. LV. whom the testator reposed personal confidence,

quer bills and paymaster of civil services with the office whose conscience was directly affected with the of paymaster general, and for making other provisions trust—that, so far as the creditor was concerned, in regard to the consolidated offices. the trust was raised whether with, or without an

[14th August, 1848) intermediary; and it was urged that the case was

Car. LVI. within that class defined by Baron Lefroy, and An Act to repeal so much of an act of the third and fourth expressly within the authority of Dillon v. Cruise. years of Her present Majesty, to re-unite the provinces

His lordship, however, decided against the plain of Upper and Lower Canada, and for the government of tiffs, and was of opinion that a devise, subject to

Canada, as relates to the use of the English language in the payment of debts, did not constitute the devisee

instruments relating to the legislative council and legisa trustee, so as to take the case out of the operation

lative assembly of the province of Canada.

[14th August, 1848) of the statute; and seemed to think that the Court of Exchequer thought the law more settled than it An Act to enable Her Majesty to exchange the adrowser

CAP. LVII. really was in cases apparently within the 25th section.

of the vicarage of Stoneleigh in the county of Warwick

for the advowsons of the rectory of Yorall in the county The effect of this decision is obviously of great of Stafford and the perpetual curacy of Hunningham in importance; for wesuppose it may be now considered the county of Warwich.

[14th August, 1848.j as settled--if any question is ever to be so treated

CAP. LVIII. which has arisen under the Statute of Limitations An Act to authorize for ten years, and to the end of the that a general charge created for the payment of then next session of parliament, the regulation of the debts, where the estate is given directly to the annuities and premiums of the naval medical supplemental trustee, will not prevent the bar of the statute.

fund society.

An Act for the more speedy trial and punishment of jure.

nile offenders in Ireland."

[14th August, 1848.]

[14th August, 1848.]

bec. 1. Persons in Ireland not erceeding 14 years of age convicted under this act, shall be released from all other

committing certain offences may be summarily con- proceedings for the same cause.
victed by two justices. If offence not proved, or 4. And for the more effectual prosecution of offences
it is not expedient to inflict punishment, justices punishable upon summary conviction by virtue of this act,
may dismiss parties. If charge is thought fit for be it enacted, that where any person whose age is alleged
indictment, &c., case to be dealt with as if this not to exceed fourteen shall be charged with any such
act had not passed.

offence, on the oath of a credible witness, before any jus2. Power to justices to hear and determine cases under tice of the peace, such justice may issue his summons to this act.

One Dublin metropolitan justice may, apprehend the person so charged to appear before any two in certain cases, perform acts usually done by two justices of the peace as aforesaid, at a time and place to be in petty sessions.

named in such summons or warrant. 3. Proceedings under this act to bar further proceed. 5. That any justice or justices of the peace, may remand ings.

for further examaination or for trial, or suffer to go at large 4. Mode of compelling the appearance of persons pu- upon his or her finding sufficient surety, any person charged nishable on summary conviction.

before him or them with any such offence as aforesaid ; and 5. Power to one justice to remond for further examina- every such surety shall be bound by recognizance to be contion, and admit to bail.

ditioned for the appearance of such person for further exa6. Application of fires.

mination, or for trial before two or more justices of the peace 7. As to the summoning and attendance of witnesses. assembled as aforesaid, or for trial at some superior court, 8. As to service of summons.

and every such recognizance may be enlarged by any such 9. Form of conviction.

justice or justices to such further time as he or they shall 10. No conviction to be quashed for want of form, nor appoint; and every such recognizance which shall not be removed by certiorari.

enlarged shall be discharged without fee or reward, when 11. Conrictions to be returned to the quarter sessions. the party shall have appeared according to the condition 12. No forfeiture upon convictions under this act, but thereof.

presiding justices may order restitution of pro 6. That every fine imposed by any justice or justices perty.

under this act shall be awarded to the use of the public 13. Recovery of penalties.

hospital or infirmary of the county in which the offence may 14. Proceedings against persons acting under this act. have been committed, and shall be accounted for in like 15. Act to extend to Ireland only.

manner and subject to the same regulations as all other fines 16. Act may be amended, gc.

imposed by any justice or justices of the peace in Ireland. * Whereas, in order in certain cases to ensure the more 7. That any justice of the peace, by summons, may require * speedy trial of juvenile offenders :' be it enacted, that the attendance of any person as a witness upon the hearing every person who shall be charged with having committed, of any case before two justices, at a time and place to be or having attempted to commit, or with having been an aider, named in such summons; and such justice may require and or procurer in the commission of any offence in Ireland, bind by recognizance all persons whom he may consider which now is or hereafter shall or may be declared to be sim necessary to be examined to attend at the time and place to ple larceny, or punishable as simple larceny, and whose age be appointed by him, there to give evidence upon the hearat the period of the commission of such offence shall not, in ing of such charge ; and in case any person so summoned the opinion of the justices, exceed the age of fourteen years, shall neglect or refuse to attend in pusuance of such sumshall, upon conviction thereof, upon his own confession or mons or recognizance, then upon proof being first given of upon proof before any two or more justices of the peace for such person's having been duly summoned, or bound by any county, riding, division, borough, liberty, or place in recognizance the justices before whom any such person ought petty sessions assembled, be committed to the common gaol to have attended may issue their warrant to compel his or house of correction within the jurisdiction of such justi- appearance as a witness. ces, to be imprisoned with or without hard labour, for any 8. That every summons issued under this act may be term not exceeding three months, or, in the discretion of served by delivering a copy of the summons to the party, or such justices, shall pay such sum, not exceeding three by delivering a copy of the summons to some inmate at pounds, as the said justices shall adjudge, or, if a male, such party's usual place of abode; and every person so reshall be once whipped, instead of or in addition to such im- quired by any writing under the hand or hands of any jusprisonment, or imprisonment with hard labour ; and the tice or justices to attend and give evidence shall be deemed justices shall appoint some fit person to inflict the said whipp- to have been duly summoned. ing when ordered to be inflicted out of prison : provided 9. That the justices before whom any person shall be that if such justices, shall deem the offence not proved, or summarily convicted of any such offence as herein-before that it is not expedient to inflict any punishment, they shall mentioned may cause the conviction to be drawn up in the dismiss the party on finding surety for good behaviour, or form of words set forth in the schedule to this act or in any without such sureties, and deliver to the party a certificate other form of words to the same effect, which conviction under the hands of such justices, stating such dismissal, shall be good and effectual to all intents and purposes. and such certificate shall be in the form set forth in the 10. That no such conviction shall be quashed for, want of schedule hereto annexed : provided that if such justices form, or be removed by certiorari or otherwise into any of shall be of opinion, that the charge is from any circumstance Her Majesty's superior Courts of Record ; and no warrant a fit subject for prosecution by indictment, or if the parent of commitment shall be held void by reason of any defect or next friend of the person charged shall

, upon his or her therein, provided it be therein alleged that the party has being called upon to answer the charge, object to the been convicted, and there be a good and valid conviction to case being summarily disposed of under this act, such jus. sustain the same. tices shall deal with the case as if this act had not been 11. That the justices of the peace before whom any perpassed.

son shall be convicted under this act shall transmit the 2. That any two or more justices before whom any such conviction and recognizances to the clerk of the peace for person charged with any offence made punishable under this the county, borough, liberty, or place wherein the offence act shall be brought or appear, are hereby authorized to shall have been committed, there to be kept by the proper hear and determine the case under this act : provided one officer among the records of the court of general quarter or more divisional justice or justices of Dublin metropolis, sessions of the peace; and the said clerk of the peace shall sitting at any divisional police office, may hear and deter transmit to the chief or under secretary of the Lord Lieumine every charge under this act, and exercise all the powers tenant of Ireland a monthly return of the names, offences, herein contained, in like manner as two or more justices of and punishments mentioned in the convictions. the peace can do by virtue of this act.

12. That no conviction under this act shall be attended 3. That every person who shall have obtained such cer- with any forfeiture, but whenever any person shall be tificate of dismissal and every person who shall have been deemed guilty under this act the presiding justices may order

[here state the

(or to be imprisoned

restitution of the property to the owner or his representa convicted before us J.P. and Q.R., two of Her Majesty's tives ; and if such property shall not then be forthcoming, justices of the peace for the said county Cor riding, ge, the same justices, whether they award punishment or dismiss (or me S:T, a divisional justice, or us, divisional justices the complaint, may inquire into and

ascertain the value, of the

police district of Dublin metropolis, as the case me and order payment of such sum of money to the true owner be,] for that he the said A.0. did [specify the offence

, and by the person or persons convicted, either at one time or by the time and

place when und where the same was committed, instalments as the court may deem reasonable.

as the case may be, but without setting forth the evidence ; 13 That whenever any justices of the peace shall adjudge and we the said J.P. and Q.R. [or I the said S.T.) adjudge any offender to pay a pecuniary penalty under this act, and the said A.0. for his said offence to be imprisoned in the such penalty shall not be paid, such justices, may appoint [or to be once privately whipped, with or without some future day for the payment of such penalty, and order imprisonment, or imprisonment with hard labour, or to be the offender to be detained in safe custody until the day so imprisoned in the and there kept to hard labour fær appointed, unless such offender shall give security for his or the space of ]; [or we (or I] adjudge the said 4.0. her appearance on such day; and such justices are hereby for his said offence to forfeit and pay empowered to take such security, by way of recognizance penalty actually imposed,) and in defaul: of payment of the or otherwise, at their discretion; and if at the time so ap- said sum to be imprisoned in the pointed such penalty shall not be paid, the same or any other in the and there kept to hard labour] for the space justices of the peace, by warrant under their hands and of unless the said sum shall be sooner

paid. seals, may commit the offender to the common gaol or house Given under our hands and seals (or my hand and sealt of correction within their jurisdiction, there to remain for the day and year first above mentioned. any time not exceeding three calendar months, reckoned from the day of such adjudication, such imprisonment to

CAP. LX. cease on payment of the said penalty.

An Act to alter the duties payable upon the importation of 14. And for the protection of persons acting in the execu

spirits or strong waters.

[14th August, 1848. tion of this act, be it enacted, that all actions and prosecu.

CAP. LXI. tions to be commenced against any person for anything done An Act to effect an exchange of ecclesiastical patrofage in pursuance of this act shall be laid and tried in the county

between Her Majesty and the Earl of Leicester, and for where the fact was committed, and shall be commenced

the severance and consolidation of certain benefices in the within three calendar months after the fact committed ; and

diocese of Norwich, and for other ecclesiastical purposes

. notice in writing of such action or prosecution, and of the

(14th August, 1848. cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action or

CAP. LXII. prosecution ; and in any such action or prosecution the An Act to appoint additional commissioners for executing defendant may plead the general issue, and give this act

the acts for granting a land tax and

other rates and taxes. and the special matter in evidence at the trial and no plain

[14th August, 1848) tiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought,

Cap. LXIII. or if a sufficient sum of money shall have been paid into An Act for promoting the public health. court after such action brought by or on behalf of the de

[31st August, 1848) fendant; and if a verdict shall pass for the defendant, or

CAP. LXIV. the plaintiff shall become nonsuit

, or discontinue any such An Act to continue until the first day of October one thou. action or prosecution after issue joined, or if, upon demurrer

sand eight hundred and forty-nine, and to the end of the or otherwise, judgment shall be given against the plaintiff,

then next session of parliament, an Act to amend the the defendant shall recover his full costs as between attor

laws relating to loan societies. [ 31st August, 1848.] ney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a

Cap. LXV. verdict shall be given for the plaintiff in such action, the An Act to suspend until the first day of October one thor. plaintiff shall not have costs against the defendant, unless sand eight hundred and forty-nine the making of lists and the judge before whom the trial shall be, shall certify his the ballots and enrolments for the militia of the United approbation of the action, and of the verdict obtained there Kingdom.

[31st August, 1848] upon. 15 And be it enacted, that this act shall extend to Ire.

CAP. LXVI. land only.

An Act to continue to the first day of October one thou. 16. And be it enacted, that this act may be amended or sand eight hundred and forty-nine, and to the end of the repealed by any act to be passed in this session of parlia

then next session of parliament, an Act for authorizing ment.

the application of highway rates to turnpike roads.

[31st August, 184.] Schedule of forms to which this act refers.


An Act for further continuing until the first day of August Form of certificate of dismissal.

one thousand eight hundred and forty-nine, and to the We

of Her Majesty's justices of the peace end of the then next sesion of parliament, certain tempo to wit. S for the county of [or I, a divisional justice rary provisions concerning ecclesiastical jurisdiction in of the police district of Dublin metropolis, as the case may England.

[31st August, 1848.] be,] do hereby certify, that on the day of in the year of our Lord at in the said county of

Cap. LXVIII. M.Ň. was brought before us the said

justices for me or us, An Act for extending to Ireland an Act passed in the last the said justice or justices,] charged with the following session of parliament, intituled An Act for better secur. offence, (that is to say,) [here state briefly the particulars

ing trust funds, and for the relief of trustees. of the charge,) and that we the said justices (or I the said

(31st August, 184] justice) thereupon dismissed the said charge. Given under our hands (or my hand) this

Sec. 1. Trustees may pay trust monies, or transfer stocks day of

and securities, into the Court of Chancery op Exchequer in Ireland. Certificate of Accountant

. Form of conviction.

general to be sufficient discharge. Be it remembered, that on the day of

2. Courts of Chancery or Exchequer to make orders on to wit. S in the year of our Lord one thousand eight hun

petition, without bill

, for application of trust monies dred and at in the county of for riding,

and administration of trust. division, liberty, city, &c., as the case may be,] 4.0. is 3. Where concurrence of all the trustees, $c, cannot be

procured, the court or judge empowered to order in pursuance of any such order, shall be as effectual as if the transfer of monies, &c. by the major part of such same had been made by all the persons entitled to the annui. trustees, &c.

ties, stocks, or securities so transferred, or the monies or 4. Lord Chancellor, with Master of the Rolls or the securities so paid or delivered, and shall fully protect and

Court of Erchequer, may make orders for pay- indemnify the governor and company of the bank of Ireland, ment, &c.

and all other persons acting under or in pursuance of such 5. No money paid under this act liable to usher's order. poudage.

4. That the Lord Chancellor, with the assistance of the 6. Affidavit to state that legacy duty has been paid. Master of the Rolls, shall have power and is hereby autho7. Construction of expression ** Lord Chancellor." rized to make such orders as shall seem necessary for carry8. Aet may be amended, &c.

ing the provisions of this act into effect; and the said court * Whereas it is expedient to extend the provisions of the of Exchequer shall have the like power and authority in res• 10 & 11 Vict. c. 96,' be it enacted, that all trustees, ex

pect to payments, transfers or deposits made to or with the ecutors, administrators, or other persons having in their Accountant General of that court. hands any monies belonging to any trust, or the major part

5. That no money so paid into the bank of Ireland to the of them, shall be at liberty, on filing an affidavit describing credit of the Accountant General of the court of Chancery, the instrument creating the trust, to pay the same, with the or paid out under any order made under this act by the Lord privity of the Accountant General of the high Court of Chancellor or Master of the Rolls, shall be liable to usher's Chancery or of the Accountant General of the Court of Ex- poundage. chequer in Ireland, into the bank of Ireland, to the account 6. That every affidavit made on the occasion of any payof such Accountant General in the matter of the trust, in ment of money or transfer or deposit of stocks or securities trust to attend the orders of the said courts, and that all

under this act by any personal representative shall state that trustees or other persons having any annuities or stocks in the legacy duty has been duly paid. the books of the bank of Ireland, or of any canal company the Lord Chancellor” shall mean and include the Lord

7. That in the construction of this act the expression in Ireland, or any government or parliamentary securities standing in their names, or in the names of any persons of Chancellor, Lord Keeper and Lords Commissioners for the whom they shall be personal representatives, upon any trusts, custody of the great seal of Ireland, for the time being. shall be at liberty to transfer such stocks or securities into

8. That this act may be amended or repealed by any act or in the name of the said Accountant General, with his to be passed in this present sesssion of parliament. privity, in the matter of the trust, in trust to attend the

CAP. LXIX. orders of the said courts; and in every such case the certi

An act to repeal so much of an act of the parliament of Ire. ficate of the Accountant General of such payment, or of the

land of the twenty-third and twenty-fourth years of King transfer or deposit of such stocks or securities, shall be a

George the Third, " for the more effectually punishing sufficient discharge to such trustees or other persons for the

“ such persons as shall by violence obstruct the freedom money so paid or the stocks or securities so transferred or

“ of corn markets and the corn trade, and who shall be deposited.

“ guilty of other offences therein mentioned, and for mak2. That such orders shall be made by the said court of

“ ing satisfaction to the parties injured," as relates to the Chancery or Court of Exchequer, in respect of the trust

making of satisfaction to the parties injured; and to submonies, stocks, or securities so paid in, transferred, and

stitute other provisions in lieu thereof; and to repeal the deposited, and for the investment and payment of any such

provisions of the acts which give remedies against any monies, or of any dividends or interest on any such stocks

hundreds or baronies in Ireland in respect of robbery. or securities, and for the transfer and delivery out of any

[31st August 1848.] such stocks and securities, and for the administration of any such trusts generally, upon petition presented in a summary

Sec. 1. So much of recited act as relates to proceedings in way, by such party or parties as shall appear to be necessary

actions and recovery of damages repealed. in that behalf, and service of such petition shall be made

2. Damages sustained by means of offences against reupon such person or persons as the court shall direct; and

cited act to be recovered by like proceedings as every order made upon such petition shall have the same

damages are recovered under 6 & 7 W. 4, c. 116, authority, and shall be enforced and subject to re-hearing

and 7 8 8 Vict. c. 106. Compensation for offenand appeal in the same manner, as if the same had been

ces committed in the city of Dublin may be recovered made in a suit instituted in the court; and if it shall appear

under 4 & 5 Vict. c. io. that any such trust funds cannot be distributed without the

3. Actions commenced before passing of this act for institution of one or more suit or suits, the Lord Chancellor

recovery of damages under first-recited act may be or Master of the Rolls, or the said court of Exchequer, may

discontinued, and such damages may be recovered direct any such suit or suits to be instituted.

by presentment of grand jury. 3. That if upon any such petition it shall appear to the

4. So much of acts 13 Edw. 1, 28 Edw. 3., and 10 & court or judge that any monies, annuities, stocks, or secu

11 Car. 1, as relates to remedies against hundreds rities are vested in any persons as trustees, executors, or

or baronies in Ireland repealed. Persons having administrators, or otherwise, upon trusts within the mean

sustained damage, and for which they might have ing of this act, and that the major part of such persons are

a remedy under recited acts, may, having comdesirous of transferring, paying, or delivering the same to

menced an action, proceed to recover damages and the Accountant General of the high Court of Chancery, or

costs under this act. Where damages to be levied. to the Accountant General of the court of Exchequer in Ire

5. Act to extend only to Ireland. land, under this act, but that the concurrence of the other

6. Act may be amended, &c. or others of them cannot be had, the said courts of Chancery • Whereas by 23 & 24 G. 3, (I.,) it is enacted, that if and Exchequer respectively may order that such transfer, any persons, unlawfully, riotously, and tumultuously aspayment, or delivery be made by the major part of such per sembled together, shall after the passing of the said act sons without the concurrence of the other or others of them; wilfully and maliciously destroy, or shall begin to destroy, and where any such monies or government or parliamentary • any storehouse, mill, granary, corn stack, or other place securities shall be deposited with any banker, broker, or where corn, grain, meal, malt, flour, or potatoes are other depositary, such courts respectively may make such usually stored, or shall unlawfully attempt to enter or break order for the payment or delivery or transfer of such monies, into, any such storehouse, mill, granary, or other place, government or parliamentary securities, to the major part or take, or spoil, or attempt by force to take, or spoil, of such trustees, executors, administrators, or other persons 'any corn, meal, malt, flour, or potatoes which shall be for the purpose of being paid or delivered or transferred to stored or kept therein, or shall unlawfully enter on any the said Accountant General, as to the said courts shall seem ship, vessel, or boat wherein any corn, grain, meal, malt, meet; and every transfer of any annuities, stocks, or secu flour, or potatoes shall be laden, and willully take, carry rities, and every payment of money or delivery of securities, away, destroy, or damage any of the said articles laden

Thomas Benison,

*therein, or wilfully cut, injure, spoil, or take away the

CHANCERY. * said ship, or boat, or the rigging, furniture, tackle, or Anne Twibill,


, PURSUANT to the Decree made in * rudder, or any part of such ship, or boat, rigging, furni

this Cause, bearing date the d day of June ' ture, or tackle, or by force obstruct or endeavour to ob- John Benison, and

1918, I hereby require all Creditors of Rickard Bell another,

ison, deceased, in the pleadings in this cause tamat struct the loading or carrying any of the said articles on

and all persons having charges and incumbrants

Defendants. board any ship, or boat, or shall unlawfully, prevent or and premises in Ravensdale, heretofore used as a Bleach Mill, called the

affecting the lands of Dulargy, and the tenetet • endeavour to prevent any ship, or boat laden therewith, little Engine Concern, situate in the Lordship of Ballymascanlan, Baruer or in which any of said articles shall be laden, from sail.

one undivided

fourth part of the lands of Ballyworken and Drunnadek, ing, or shall unlawfully, and by force, detain, take, or situate in the Barony of O'Neiland East, and County Armagh, being the drive away any horse, car, cart, carriage, or boat laden lands and premises in the pleadings in this cause mentioned, to certain with any of the said articles on the way to or from any or before the 16th day of April

, 1819, and proceed to prove the lege mill, store, granary, or market, sea-port or place of ship- otherwise they will be precluded from the benefit of the said Decree,

Dated this 20th day of Febi uary, 1819. ping, with the intent to prevent the corn, grain, meal,

EDWARD LITTON, * malt, flour, bread, biscuit, or potatoes therein, or laden Charles Gaussen, & Co., Plaintiff's Solicitors, thereon, or any part thereof, from being taken to the

72, Eccles.street, Dublin, house, vessel, storehouse, place, or person to which it

IN CHANCERY. was intended to be carried, or shall kill or maim any horse Thomas Kernmis, Esq. or horses or other beast or beasts laden therewith, or shall


PURSUANT to the Decree et Sir Richard Nagle, Bart.

Her Majesty's High Court of 'cut or otherwise break or destroy any of the sacks, or

Dame Mary Bridget Nagle,

Chancery, made in this cause, bearing

date the 17th day of April, 1877, IN scatter any of the aforesaid articles, wherewith such car, George Pilkington,

on MONDAY, the 23rd day of APRIL cart, carriage, horse, or boat is or shall be laden, or take Luke M'Donnell ; and

John Ennis,

next, at the hour of One o'Clock in the away or distribute, or compel the owner, driver, or con


Afternoon, at my Chambers, on the

Inns Quay, in the City of Dublin, SET • ducter thereof to distribute, sell, or otherwise dispose of UP and SELL to the highest and best bidder, all that and these the * any such article wherewith such car, cart, carriage, boat, LANDS commonly called the DONORE ESTATE, in the County of

horse, or other beast is laden, or any part thereof, or shall otherwise Donore, Coolfin, Ballinlabane, Ballinlahave, otherwise Balis • destroy any weir, sluice, mill dam, drain, or outwork lavin, Hospitalstown, Skehane, Garry.cloone, Thenlemore; and also of belonging or appertaining to any mill, every such person Tolls of the Fairs and l'alterns of Donore, and also that part of the Land

50 offending in any of the said matters, and all persons of Ballinlahave, called the Red House Farm, and also the Land a • unlawfully, riotously, or tumultuously assembled, who Spittlestown and its sub.denominations; also the Town and Land of Belin

shall aid or assist in the commitment or the attempting to Capperakirk, Ballynegall, and part of Ballintubber, Cloghlah, and Brack: commit any of the said offences, being thereof lawfully con

neherla, otherwise Bracknchowla; and also the Town and Lands of Athu. victed, shall be adjudged felons, and shall suffer the punish- Streamstown, Killinagh, Ardvara, Garthy, and the House and Offices are ment in that act provided; and that all damages sustained Jamestown-all situate in the County of Westmeath, or a competent part by the offences aforesaid, or by any violence contrary to thereof, for the purposes in said Decree mentioned.

Dated this 27th day of February, 1819. the said act, may be recovered by action in any of His

EDWARD LITTON, • Majesty's Courts of Record in this kingdom, by the person For Rentals, and further particulars, apply to Mr. RICHARD P.

or persons injured, his, her, or their executors or adminis- TIGHE, the plaintiff's Solicitor, No. 20, Middle Gardiner Street. *trators, against the chief or other magistrate of the county of the town or city, or against any one or more of the in

NEW BOOKS, PUBLISHED THIS SEASON; • habitants of the parish in any county; and

if judgment THE NATURAL HISTORY OF IRELAND, By Wi. shall be given for the plaintiff or plaintiffs, the damages liam Thompson, Esq., Pres, Nat. Hist. and Phil. Soe, Belfast, 8vo. * recovered, together with the costs, shall be levied, and vol. 1. Birds, 131 pp., 16s. paid to the plaintiff or plaintiffs, his, her, or their execu

2. EPISODES of INSECT LIFE. Crown. 8vo. 36 engravings, it

coloured and bound in silk, 21s. tors or administrators: and whereas great expenses are

3. THE POETRY OF SCIENCE, or STUDIES OF THE PHYSI. incurred in proceeding under the said recited act, and it CAL PHENOMENA OF NATURE. By Robert Hunt, $v0, 487 pp. * is expedient that such damages ahould be recoverable by 128. more summary proceedings : be it enacted, that from and London : Reeve, Benham and Reeve. Dublin : EDWARD J. MIL.

LIKEN, 15, College-green, after the passing of this act so much of the said act as provides that any damages sustained by means of any of the offences, or by any violence committed against or contrary LEGAL AND HISTORICAL DEBATING SOCIETY.

ESTABLISHED 1845. to the said recited act, may be recovered by action as afore

A Meeting of the Members of this Society will be held in their Roma, said; or as relates to the proceedings in any such action, or No.45, MOLES WORTH STREET, on FRIDAY EVENING, the bih to the recovery of such damages, shall be and is hereby | April." Chair to be taken at Eight o'clock precisely. repealed, save and except as to any action or proceeding

Barristers, Law Students, and Graduates of the Universities of Dublie, commenced for such damages sustained by any such offence Oxford, and Cambridge, are eligible for admission.

Members who have changed their residences, or who have friends to or violence heretofore committed.

propose, are requested to communicate wit

the Secretary. (To be continued.)

JAMES F. WRIGHT, Esq. 11, Lower Ormand Quay, NEW LAW PERIODICAL.

J A MES O'DRIS COLL ; Published on the First of every Month,

Price One Shilling and Twopence,


All communications for the IRISH JURIST are to be left, addressed This Publication is devoted to such purely practical matters as fall to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGE within the province of SOLICITORS and their Managing Clerks. The GREEN. Correspondents will please give the Name and Address, as the First Number appeared January, 1849.

columns of the paper cannot be occupied with answers to Anonymous Robert Hastings, 13, Carey Street, Lincoln's.inn; and EDWARD J. Communications or will the Editor be accountable for the retum d MILLIKEN, 15, College Green, Dublin.

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NB-This Edition contains all the Orders of the Court of Chancery up to the day, with the Sections relating to the Master's Office of the Ac Printed by THOMAS ISAAC WHITE, at his Printing Office, Na

. 15 to Facilitate the sale of Incumbered Estates in Ireland.

FLEET.STREET, in the Parish of St. Andrew, and published at 13 Dublin : T. O'GORMAN, Law Bcokseller and Publisher, 33, Upper COLLEGE CREÉN, in same Parish, by EDWARD JOHNSTON Ormond Quay. London : Stevens and Norton, Beli-Yard, Lincoln's Inn MILLIKEN, residing at the same place, all being in the County of the

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