* and bishops in Ireland for the recovery of advowsons and rights of presentation to ecclesiastical benefices and preferments in their dioceses, the patronage whereof has been ⚫ for long and uninterrupted periods exercised by them and their predecessors in right of their sees, and the said archbishops and bishops have been and will be put to heavy 'expenses in defending, in the said actions and proceedings, ⚫ their rights of patronage: and whereas by the 8 & 9 Vict. e. 51, it was enacted, that archbishops and bishops might, 'charge the expenses of defending their rights of patronage ⚫ on their respective sees, and that plaintiffs in quare im'pedit, under family settlement or otherwise entitled to a ⚫ life estate or other limited interest in the rights of presen⚫tation to the ecclesiastical benefices to recover which the 'said writs have been sued out, might, under certain re⚫strictions, charge the expenses incurred by them in pro'secuting such claims upon the estates of those who would be entitled in remainder to such rights of presentation: and whereas the prosecution of such suits is attended with very great expense, and the possession of the present in'cumbents of many of the said benefices is insecure, and it is expedient, for the purpose of avoiding expense, and 'quieting the possession of incumbents in their benefices, 'to enable archbishops and bishops, and persons who, under family settlements or otherwise, would only be entitled to a life estate or other limited interest in such rights of 'presentation, to compromise their claims to the patronage "of such ecclesiastical benefices:' be it enacted, that any archbishop or bishop in Ireland who may be a defendant in any action of quare impedit or other action, and who may claim the ecclesiastical benefice which is the subject of such suit, for and on behalf of himself and successors, and for any person or persons by whom or on whose behalf any such writ of quare impedit has been sued out, and who, under family settlement or otherwise, would only be entitled to a life estate or other limited interest in the advowson to recover which such writ has been sued out only on behalf of themselves, and their respective heirs, executors, and administrators, but also on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeazance of the estate of such parties, may compromise their conflicting claims to any such advowson or advowsons. 2. That the said parties in such case may provide by the terms of any such compromise that any particular advowson or advowsons or right or rights of patronage of or to any ecclesiastical benefice or benefices in Ireland shall belong absolutely to any archbishop or bishop and his succesors, in consideration of such archbishop or bishop, agreeing that any other advowson or advowsons, right or rights of patronage to any other ecclesiastical benefice or benefices in Ireland, shall belong to any such person or persons as aforesaid, according to such estate or interest as he, she, or they may respectively claim therein, under family settlement or otherwise, or for the parties to such compromise to provide that the alternate right or rights of presentation or patronage to any such ecclesiastical benefice or benefices shall belong to any archbishop or bishop and his successors on the one hand, and on the other to any person or persons, according to such estate or interest as he, she, or they may respectively be entitled to, under family settlement or otherwise, or to make any other arrangement or provision respecting any advowson or advowsons, right or rights of patronage, for the recovery of which suits are now pending, which may by them respectively be deemed proper and expedient. 3. That where any such compromise is to be carried into effect a writing containing the terms of such compromise, and in the case of a bishop being a defendant having endorsed upon such instrument the approbation of the archbishop entitled to exercise archiepiscopal jurisdiction in the province in which the parish or parishes the subject of such compromise is or are situate, or in case any archbishop shall be a defendant having endorsed thereon the approbation of Her Majesty's Attorney General for Ireland, shall be lodged in the council office of Dublin Castle, and thereupon the Lord Lieutenant of Ireland or at least six of the privy council to take such instrument into consideration, and to make an order approving or disapproving of such compromise; and in case such compromise shall be approved the parties, upon the production of a copy of such order before the Court of Common Pleas in Ireland, may proceed to have such compromise carried into effect by a rule or order of such court, to be made upon consent of the parties hereby enabled to enter into such compromise, and (if required by the said court) upon affidavit or affidavits of such facts and circumstances as the said court may require; and every such rule or order shall, be conclusive evidence of the title of the person or persons thereby declared to be the patron or patrons of every such advowson or advowsons. 4. That every such compromise shall provide that every incumbent in possession of any ecclesiastical benefice at the time of the passing of this act shall hold the same as if he had been presented or collated thereto by the true and undoubted patron, notwithstanding that by such compromise it shall be agreed that the advowsons of the benefice whereof such incumbent is in possession shall belong to any person or persons other than the person or persons by whom such incumbent shall have been presented. 5. That the costs and expenses of such compromise incurred shall be charged by the said archbishop and bishop, and by said tenants for life, or other person or persons having limited estates or interest, in such manner and form as is provided by said recited act of the 8 & 9 Vict. c. 51. 6. That this act may be amended or repealed by any act to be passed in this present session of parliament. CAP. LXXVII. An act to authorize the application of part of the unclaimed money in the court for the relief of insolvent debtors in enlarging the court house of the said court. the criminal law. CAP. LXXVIII. [31st August, 1848.] An Act for the further amendment of the administration of [31st August, 1848.] Sec. 1. Questions of law may be reserved at sessions of the peace for consideration of judges. 2. Questions reserved to be certified to the judges. 3. Quorum of judges; their judgments to be delivered in open court. 4. 5. 6. Case or certificate may be sent back for amendment. When judgment is reversed on writ of error, record may be remitted to court below for judgment. Penalty for forgery. 7. Act not to extend to Scotland. 8. Act may be amended, &c. 'Whereas it is expedient to provide a mode of deciding 'difficult questions of law arising in criminal trials in any Court of Oyer and Terminer and Gaol Delivery, and to 'make amendments in the criminal law;' be it enacted, that when any person shall have been convicted of any treason, felony, or misdemeanour, before any Court of Oyer and Terminer or Gaol Delivery, or Court of Quarter Sessions, the judge or commissioner or justices of the peace before whom the case shall have been tried may reserve any question of law which shall have arisen on the trial for the consideration of the justices of either bench and barons of the exchequer, and thereupon shall have authority to respite execution of this judgment, or postpone it until such question shall have been decided, and in either case the court shall commit the person convicted to prison, or shall take a recognizance of bail, with one or two sufficient sureties, and in such sum as the court shall think fit, conditioned to appear at such time or times as the court shall direct, and receive judgment, or to render himself in execution. 2. That the judge or commissioner or Court of Quarter Sessions shall state, in a case signed in the manner now usual, the question or questions of law so reserved, with the special circumstances upon which the same shall have arisen; and such case shall be transmitted to the said justices and barons; and the said justices and barons shall have full power and authority to hear and finally determine the said question or questions, and thereupon to reverse, affirm, or amend any judgment given on the indictment or inquisition on the trial whereof such question or questions have arisen, or to avoid such judgment, and to order an entry to be made on the record, that in the judgment of the said justices and barons the party ought not to have been it was that [state the substance,] the court before whom he was convicted, or to arrest the judgment, or order judgment to 3. That the jurisdiction by this act given to the said justices of either bench and Barons of the Exchequer may be exercised by the said justices and barons, or five of them at the least, of whom the Lord Chief Justice of the Court of Queen's Bench, the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, or one of such chiefs at least shall be part; and To the gaoler of CAP. LXXIX. and all E.F. [or, clerk of An act to facilitate and simplify procedure in the court of CAP. LXXX. An act to empower lessees of tithe rent-charge in Ireland 2. therefor, may deduct proportion of rate. Ecclesiastical commissioners under 3 & 4 W. 4, c. 37, shall include poor-rate, &c. in deduction from valuation. the judgment or judgments of the said justices and barons Sec. 1. Lessee of tithe rent-charge, if liable to pay rent shall be delivered in open court, after hearing counsel or the parties, in case the prosecutor or the person convicted shall think it fit that the case shall be argued, in like manner as the judgments of the superior courts of common law are now delivered. 4. That the said justices and barons, when a case has been reserved for their opinion, shall have power to cause the case or certificate to be sent back for amendment, and thereupon the same shall be amended, and judgment shall be delivered after it shall have been amended. 5. That whenever any writ of error shall be brought upon any judgment on any indictment, information, presentment, or inquisition, in any criminal case, and the court of Error shall reverse the judgment, it shall be competent for such court of Error either to pronounce the proper judgment or to remit the record to the court below, in order that such court may pronounce the proper judgment. 6. That every person who shall forge or alter, or shall offer, knowing the same to be forged or altered, any certificate of or copy certified by a chief justice, or any certificate of or copy certified by a clerk of assize or his deputy, or the clerk of the peace or his deputy, with intent to cause any person to be discharged from custody, or otherwise prevent the due course of justice, shall be guilty of felony, and being convicted thereof shall be liable, to be transported beyond the seas for any term not exceeding ten years, or be imprisoned for any term not exceeding three years, with or without hard labour and solitary confinement, at the discretion of the court before which he shall be tried. 7. That this act shall not extend to Scotland. 8. That this act may be amended or repealed by any act to be passed during this present session of parliament. 3. Successors of archbishop of Armagh and bishop of Derry may deduct from money to be paid to ecclesiastical commissioners a certain sum on account of poor-rate, &c. 4. Act may be amended, &c. Whereas by the 1 & 2 Vict. c. 56, it is enacted, that 'where any person receiving rent in respect of any rateable property shall also pay a rent in respect of the same, he 'shall be entitled to deduct from such rent a proportion of the rate deducted from him, and it is expedient to extend such provision to the case of tithe rent-charge:' be it enacted, that after the passing of this act, where any person entitled to receive tithe rent-charge shall be liable to pay a rent in respect of the same, he shall be entitled to deduct from the rent so paid by him a sum bearing such a propor tion to one half the amount of rate deducted from the tithe rent-charge received by him as the rent paid by him in respect of such tithe rent-charge bears to the tithe rent-charge which he is so entitled to receive. 2. And whereas by 3 & 4 W. 4, c. 37, the ecclesiasti 'cal commissioners therein appointed were authorized to 'make a valuation of all ecclesiastical property, and to take, 'levy, and receive therefrom a yearly tax, rate, or assess 'ment computed and imposed upon such valuation according to the scale and for the purposes recited in the said act: ' and whereas doubts have arisen whether the said commis'sioners are authorized to allow among the deductions 'therein set forth any sums paid for county cess or poor-rate, or poundage deducted for poor-rate, and it is expedient 'that such doubts be removed:' be it enacted, that after the passing of this act the said commissioners, in and from the valuation made or to be made of any ecclesiastical property for the purpose of imposing the rate, tax, or assess. ment required by the said act, in addition to the charges specified as deductions in the said act, may deduct such amounts or sum as the said commissioners shall ascertain as proper to be deducted from such valuation, for or on account of any county cess or poor-rate, or poundage rate for the re lief or employment of the poor, or for repaying any advances made for those purposes, and paid or payable or deducted in respect of such ecclesiastical property, such deduction by the said commissioners to be made according to a return of the county cess paid in respect of such property, and of the rate struck in the electoral division or divisions within which such property may be situate, during the half year ending on the first day of January or first day of July respectively preceding the half year for which such ecclesiastical tax shall be demanded. 3. And whereas said last-recited act, the successor to 'the present archbishop of Armagh, and the present bishop of Derry, and his and their successors for ever, are bound, ' out of the revenues of the said archbishoprick and bishop'rick respectively, to pay to the ecclesiastical commissioners for Ireland, half-yearly, sums in the said act specified, and it is but just that such persons so paying such annuity be 'empowered to deduct an allowance for poor-rate:' be it enacted, that the successor of the present archbishop of Armagh, and the present bishop of Derry, and his or their scccessors in such sees respectively, shall be entitled to deduct from the sum to be paid by him to the ecclesiastical commissioners for Ireland such amount or sum as the commissioners shall ascertain as proper to be deducted for or on account of any poor-rate, and paid or payable or deducted in respect of ecclesiastical property by the tenants of such see, such deduction to bear the same proportion to the entire poundage for poor-rate allowed in such half year to his tenants by such archbishop or bishop as the said half-yearly annuity bears to the rent and fines received by such archbishop or bishop in such half year. 4. That this act may be amended or repealed by any act to be passed in this present session of parliament. CAP. LXXXI. An act for the further regulation of steam navigation, and for limiting in certain cases the number of passengers to be conveyed in steam vessels. [31st August, 1848.] Sec. 1. Penalty for delay in transmitting certificates required by recited act. 2. Board of trade may insert in certificate a notice of the number of passengers steam vessels are constructed to carry. Penalty for carrying a greater number than specified in certificate. 3. Copy of certificate to be placed in a conspicuous part of vessel. Penalty for neglect. 4. Penalty on persons, having been refused admission, forcing their way on board when vessels are full, &c. 5. Penalty on persons refusing or neglecting to pay their fares, or quit vessels, &c. 6. Penalties how to be recovered and applied. 2. And whereas much inconvenience and danger has 'been found to result from the over-crowding of steam vessels, and it is expedient to prevent such;' be it enacted, that the lords of the said committee, may insert into any certificate granted by them in conformity with the provisions of the said act a notice of the number of passengers which the vessel is constructed to carry, and whenever such notice shall have been so inserted such vessel shall not at any time have on board any greater number of passengers than the number specified in the certificate last received from the said committee; and in case any such vessel shall have on board any greater number, the owner or owners, or the master or other person having charge thereof, shall forfeit a sum not exceeding five shillings for every passenger above the num. ber so specified. 3. That the owner or owners of every steam vessel shall cause a true copy of the certificate which they have last received from the lords of the said committee to be put up in some conspicuous part of the vessel, where the same shall be visible to the passengers on board, and if they neglect to do so they shall for every offence be liable to a penalty not exceeding ten pounds. 4. That if any person, after having been refused admission into any steam vessel by the owner or owners, or any person in the employ of the owner or owners thereof on account of such steam vessel being full, and after having had the full amount of his fare returned or tendered to him, shall persist in attempting to enter the same, or if any person having got on board any steam vessel be requested to leave such steam vessel before the same has quitted the place at which such person got on board, and shall refuse to do so, after having had the full amount of his fare returned or tendered to him, then such person shall for such offence forfeit and pay any sum not exceeding five shillings. 5. That if any person travel or attempt to travel in any steam vessel which has been duly surveyed without having previously paid his or her fare, and with intent to avoid payment, or if any person, having paid his or her fare for a certain distance, proceed in any such vessel beyond such distance without previously paying the additional fare, or if any person refuse or neglect, on arriving at the point to which he has paid his fare, to quit such vessel, every such person shall forfeit to the owner or owners of such steam vessel a sum not exceeding five shillings. 6. That the penalties and forfeitures by this act imposed shall be sued for, recovered and applied in like manner as the penalties and forfeitures imposed by the said recited act are therein directed to be sued for, recovered, and applied, except as is hereby otherwise directed. 7. That nothing in this act contained shall prejudice or 7. Nothing to affect privileges of corporation of Lon- derogate the rights of the mayor and commonalty and citizens don. 8. Act may be amended, &c. Whereas by the 9 & 10 Vict. c. 100, it is enacted, that ' on or before the 30th of April, and 31st of October in ' every year the owners of every steam vessel shall transmit to the Lords of the Privy Council for trade two declarations, ' and that said lords shall register such declarations, and shall 'transmit to the owners of such steam vessels respectively 'certificates of the registry, and that if any steam vessel 'proceed to sea with passengers, the owner whereof has not 'so transmitted such declarations and received such certi'ficates of the registry thereof, the owner of such steam ' vessel shall forfeit a sum not exceeding one hundred pounds: ' and whereas it is expedient to make provision for compel'ling the owners of steam vessels to transmit such declara'tions to the said lords whether such steam vessels be in'tended to proceed to sea or not:' be it enacted, that in case the owner or owners of any steam vessel, not excepted from said act, neglect to transmit to the lords of the said committee, the declarations in writing by the said act prescribed, the owner or owners of every such steam vessel shall forfeit and pay the sum of ten shillings for every day such declarations is delayed, unless such delay be accounted for : "provided that the owners of all steam vessels (not being excepted as aforesaid) in respect of which any declarations required as aforesaid have not been transmitted to the said committce shall transmit the same on or before the twentieth day of September next. of the city of London. CAP. LXXXVII. An act to extend the provisions of an act passed in the first year of his late Majesty King William the fourth, intituled an act for consolidating and amending the laws for facilitating the payment of debts out of real estate. [31st August, 1848.] Sec. 1. Recited provision to extend to lands, &c. of a deceased debtor, in certain cases. 2. Act may be amended, &c. Whereas by the 11 G. 4, & 1 W. 4, c. 47, it was (amongst other things) enacted, that where any lands, tenements, or hereditaments had been or should be de'vised in settlement by any person or persons whose estate 'should be liable to the payment of any of his or their debts, ' and by such demise should be vested in any person or persons or life or other limited interest, with any remainder, limitation, or gift over which might not be vested, or might be ⚫ vested in some person or persons from whom a conveyance 'could not be obtained, or by way of executory devise, and ⚫ a decree should be made for the sale thereof for the pay⚫ment of such debts, the court by whom such decree should 'be made might direct any such tenant for life, &c., to convey, surrender, or otherwise assure the fee simple or other interest to the purchaser or purchasers, or in such manner as the said court should think proper; and every such 'conveyance, or other assurance should be as effectual as if ⚫ the person who should make the same were seised or pos. 'sessed of the fee simple or other whole estate so to be sold: and whereas the herein-before recited provision does not 'extend to the case of lands, tenements, or hereditaments of a deceased debtor which are by descent or otherwise than < by devise vested in the heir or co-heirs of such debtor, 'subject to an executory devise over in favour of a person or persons not existing or not ascertained, and it is expedient that the said act should be extended:' be it there fore enacted that the said recited provision of the said act shall extend and is extended to any case in which any lands, tenements, or hereditaments of any deceased person shall by descent or otherwise than by devise be vested in the heir or co-heirs of such persons, subject to an executory devise over in favour of a person or persons not existing or not IN CHANCERY. Plaintiff. PURSUANT to the Decree John Thomas Holland, John Hughes, and Henry Hughes, Defendants. this cause, bearing date the 17th day of November, 1848, all persons having charges or incumbrances affecting the Lands and Premises in the pleadings in this cause mentioned; that is to say, All that part, or one half of the Town and Lands of DRUMNIGLERAGH and CONRAS, containing 123 Acres, late Irish plantation measure, situate in the Parish of Enniskeen, Baray of Farney, and County of Monaghan, formerly demised to John Hugh deceased, are hereby required to come in and file charges in my Oficere foot of their Incumbrances, on or before the second day of April, ist, otherwise they will be precluded from the benefit of said Decree. Dated this 19th day of February, 1849. NEW LAW BOOKS. E. LITTON. TREATISE ON THE LAW OF PROPERTY, 23 administered by the HOUSE OF LORDS. By Sir E, B. SUGDEN, 1 vol. royal 8vo. £l 11s. 6d. boards. THE LAW OF HUSBAND AND WIFE. A Treatis on the Law of Husband and Wife as respects Property, partly founded upon Roper's Treatise, and comprising Jacobs' Notes and Additions thereto. By J. E. WRIGHT, Esq. of the Inner Temple, Barrister-at-Law, 2 royal 8vo. £2 10s boards, A TREATISE ON THE LAW OF LEGACIES. By the late R. S. DONNISON ROPER, Esq., Barrister-at-Law of Gray's.inn; and by H. H. WHITE, Esq., Barrister.at-Law, of the Mi dle Temple. Fourth Edition. 2 vols, royal Svo, £3 3s. boards. ROSCOE'S LAW OF NISI PRIUS EVIDENCE. A Digest of the Law of Evidence on the trial of Actions at Nisi Prius Edition, with considerable additions, by E. SMIRKE, Esq. Barrister.at By H. ROSCOE, Esq., of the Inner Temple, Barrister-at-Law. Seventh Law. vol, royal 12mno. 24s. TREATISE ON THE LAW OF EVIDENCE, 23 administered in England and Ireland; with Illustrations from the American and other Foreign Laws. By JOHN PITT TAYLOR, E of the Middle Temple, Barrister.at.Law. 2 vols, royal 8vo. £2108. A SELECTION OF LEADING CASES IN Various Branches of the Law, with Notes. By JOHN WILLIAM SMITH, Esq.. of the Inner Temple, Barrister.at-Law Third Edition. Ry HS KEATING Esq, and JAMES S. WILLES, Esq., of the Inner Temple, Barristers at-Law. 2 vols, royal 8vo. £2 12s. 6d. Edition of Mr. Serjeant Stephen's New Commentaries on the Laws England. By JAMES STEPHEN, Esq of the Middle Temple, Bat. rister-at-Law. I vol. Svo, cloth boards, price 10s. 6d. UESTIONS FOR LAW STUDENTS on the Second of ADMINISTRATORS. By EDWARD VAUGHAN WILLIAMS, £3 88. Esq., Barrister-at Law. Fourth Edition enlarged. 2 vols, royal Svo, ascertained; and in such case the court in the said provi-A TREATISE on the LAW of EXECUTORS and shall make and execute the same was or were seised or IN CHANCERY. Thomas Kemmis, Esq. Sir Richard Nagle, Bart. Defendants. PURSUANT to the Decree of Her Majesty's High Court of Chancery, made in this cause, bearing date the 17th day of April, 1847, I will, on MONDAY, the 23rd day of APRIL next, at the hour of One o'Clock in the Afternoon, at my Chambers, on the Inns Quay, in the City of Dublin, SET UP and SELL to the highest and best bidder, all that and those the LANDS commonly called the DONORE ESTATE, in the County of Westmeath; that is to say, the Manor or reputed Manor of Danaure, otherwise Donore, Coolfin, Ballinlabane, Ballinlahave, otherwise Ballin lavin, Hospitalstown, Skehane, Garry-cloone, Thenlemore; and also all that part of Donore called the Green House Farm, and the Customs and Tolls of the Fairs and l'atterns of Donore; and also that part of the Lands of Ballinlahave, called the Red House Farm; and also the Lands of Spittlestown and its sub.denominations; also the Town and Lands of Ballybrickogue, otherwise Rosemount, Killachunney, otherwise Killacuпney, Capperakirk, Ballynegall, and part of Ballintubber, Cloghlah, and Brackneherla, otherwise Bracknehowla; and also the Town and Lands of Agha brak, Carne, Killare, Gibbstown, and part of Cloghenna, Cloonerina, Streamstown, Killinagh, Ardvana, Garthy, and the House and Offices of Jamestown-all situate in the County of Westmeath, or a competent part thereof, for the purposes in said Decree mentioned. Dated this 27th day of February, 1819. EDWARD LITTON. For Rentals, and further particulars, apply to Mr. RICHARD P. TIGHE, the Plaintiff's Solicitor, No. 20, Middle Gardiner Street; or to VESEY DALY, Solicitor for the defendants, Sir Richard Nagle, Bart., 51, Blessington Street. ESTABLISHED 1845. A Meeting of the Members of this Society will be held in their Rooms, Barristers, Law Students, and Graduates of the Universities of Dublin, JAMES F. WRIGHT, Esq. 11, Lower Ormond Quay. JAMES O'DRISCOLL, PROFESSED TROWSERS MAKER, 9, ANGLESEA.STREET. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Name and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications-nor will the Editor be accountable for the return of Manuscripts, &c. Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL LEGE GREEN, or by letter (post paid), will ensure its punctual delivery publication. in Dublin, or its being forwarded to the Country, by Post, on the day of TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 17s. Quarterly, 98 Printed by THOMAS ISA AC WHITE, at his Printing Office, No. 13, FLEET STREET, in the Parish of St Andrew, and published at 1 COLLEGE GREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, March 24, 1849. 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 WE resume this week the consideration of a subject to which we have already called attention. We are so impressed with the importance of advocating a change in the system of managing estates placed under the control of our Courts of Equity, that we shall not slacken our exertions until we see some practical measure carried into effect for the redress of an universally-admitted national evil. We have shewn that no doubt exists, in all quarters, of the defectiveness of the present system of receiverships, and we have not done this for the idle object of pointing out grievances, but because we knew that practical and intelligent heads were at work to improve that system, and we were anxious to lend our humble efforts to promote a useful measure of law reform. When an estate is placed under the Court of Chancery, the ad interim ownership is vested in it, Ostensibly for the benefit of the creditor, but that benefit is not what it is capable of being made, and certainly it is to the loss of the owner, the injury of the occupier, and of the country generally. It is not difficult to prove these propositions seriatim. 1st. The creditor is not benefitted to the extent The might be; in other words, the court does not do for him one-half that, which under better management, it might do. The question as to him is a pure money one he cannot get his money without the aid of the court, through that aid he gets it slowly, expensively, and unsatisfactorily. Every one knows this as a matter of fact; it is not a mere vague generality, it is true in particular and detail. Let us test the fact. Suppose a year's interest due to a mortgagee; the mortgagor cannot, or will not pay it-applications by principal and solicitor are made ineffectually-a bill becomes necessary, and is filed the mortgagee, like Tantalus sitiens, lives in expectation that he will soon receive his interest. But, no; a little patience. The answer admitting the justice of your claim must be put in, for which it is not unreasonable to allow three months-the court says two-after appearance; but, in addition to this period, there is the time lost in enforcing appearance, and answer after appearance. Making allowance for vacations and the reluctance to be too sharp on a defendant, we are satisfied more than three months, on the average, is consumed between the time of filing the bill and the filing of the answer. It is then necessary to consider whether its admissions be sufficient to justify an application for a receiver, as the motion rests on Equity confessed in the answer. Assume that they are sufficient, some time must elapse before the application is heard, and after it has been heard, before the order is taken out and the reference carried before the Master-then used to come the contest for the appointment. We do not suppose there is much competition now, as the office has lately not been very desirable; and there is, also, the delay of the receiver perfecting his own recognizance and requiring his sureties to perfect theirs. The court thinks it but fair, also, to give him ample time to make himself acquainted with the property; he has to be furnished with a rental by the mortgagor, who withholds it as long as possible, and then returns "no arrears," having used his utmost diligence (from the moment the bill has been filed until the day notice of the appointment of the receiver has been served on the tenants) to collect their arrears, taking as much money as he can procure; when that is exhausted, taking the rent in kind, corn, and cattle, and, as a premium for prompt payment, giving receipts in full. The receiver need not pass his first account until he has been fifteen months appointed; and even that time may, by judicious management, be extended a little. His costs form the first lien on |