their notices require, produce all leases, under-leases in case the whole purchase money had been paid and agreements in writing under which such tenants into the bank of Ireland under this Act, or such or persons occupy or claim to hold, if such leases, sum on account of such amount as the Commisunder-leases, or agreements, or counterparts thereof sioners may think fit, and to pay the residue only be in their possession or power, and where they oc- of the purchase money into the said bank; and cupy or claim to hold under leases, under-leases, or where at the time of authorizing such retainer as agreements in writing not in their possession or aforesaid the Commissioners shall not finally have power, or under parol agreements or lettings, they ascertained and determined the priority and rights shall deliver, at such times and places as aforesaid, of such purchaser in respect of his incumbrance, and particulars of the terms and conditions upon and the amount which he would be entitled to be paid subject to which they occupy or claim to hold; and in respect thereof out of the purchase money, such the sale shall be made subject to the tenancies, retainer shall be without prejudice to the power of leases, or under-leases ascertained as aforesaid, and the Commissioners to require such purchaser to pay subject to which the owner or incumbrancer apply into the said bank the whole or any part of the ing for a sale under this act shall be owner or incum- amount so retained, which ought to be so paid by brancer, and such other of the tenancies, leases, and him; and the Commissioners shall withhold their under-leases, ascertained as aforesaid, as shall ap- certificate of payment herein-before mentioned unpear to the Commissioners to have been granted til they shall be satisfied that the full purchase bonâ fide by the owner or person in possession or money, less the amount which such purchaser would in receipt of the rents and profits, and subject to be entitled to be paid in respect of his incumbrance which it shall appear to the Commissioners the sale has been paid into the said bank. should be made, save such (if any) of such respective tenancies, leases, and under-leases as with consent as hereinafter mentioned, shall be included in such sale; or the sale may, where the Commissioners think fit, be made subject to any leases, underleases, or tenancies, according to any general description or subject to any condition concerning any leases, under-leases, or tenancies the nature of which shall not have been ascertained or shall be disputed; and, when the Commissioners shall think fit, such sale may be made subject to any annual charge affecting the land or lease, or part thereof, sold, or to any such apportioned part of such annual charge as the Commissioners may think fit should remain charged thereon; and where such land or lease, or part thereof, is subject to any incumbrance under the terms of which the incumbrancer cannot be required to accept payment of the principal money before the expiration of a term of years unexpired, such sale may if the Commissioners think fit, be made subject to such incumbrance. The 24th and 25th correspond with the 21st and 22nd. They relate to the sale under the direction e of the Commissioners, and the payment of the it purchase money. dt. The 26th is new :— like The 27th corresponds with the 23rd, and relates to the effect of the assurance. The 28th, 29th, 30th, 31st, 32nd, and 33rd nearly coincide with the 24th, 25th, 26th, 27th, 28th, and 29th. The 34th is more extensive than the 30th. 34. And be it enacted, that it shall be lawful for the Commissioners to sell any land or lease, or part thereof, discharged from any crown rent or quit rent which they may be enabled and may, with the consent of the owner think fit to purchase, or from any charge made by virtue of the said acts of the sixth year and 10th year of her Majesty, or either of them, which they may, with such consent, think fit to pay off or redeem; and in any such case the Commissioners shall, out of the money arising from the sale, and in preference to all other payments thereout, pay the consideration for the purchase of such crown rent or quit rent, or such sum as may be necessary for paying off or redeeming such charge; and it shall be lawful for the Commissioners, where they think fit, to pay to any person entitled to any annual or other charge, not being an incumbrance according to the definition of this act, who may consent to accept the same, a gross sum in discharge, or by way of redemption thereof, or a part thereof; and where a part only of any land or lease, subject to any incumbrance or charge, is sold, to charge the part not sold with such incumbrance or charge, or an apportioned part thereof, in exoneration of the money arising from the sale, and to enable or authorise persons to release the money arising from the part so sold from any incumbrance or charge, or to relinquish their claim on such money in respect thereof, without impairing or affecting such incumbrance or charge as to the remaining part of the land or lease originally charged; and the Commissioners, where they think fit, may invest or provide for the investment of money, to meet any annual or periodical charge, or any other charge, incumbrance, or interest, where, by reason of such charge, incumbrance, or interest being contingent or otherwise, it shall appear to the Commissioners proper or expedient so to do, and otherwise may make such orders and directions for applying the money arising from any sale in such manner as will 26. Provided always, and be it enacted, that it shall be lawful for any incumbrancer on or person otherwise interested in any land or lease, or part Tr thereof, (other than the incumbrancer or owner upon whose application the sale has been ordered,) to bid at any public sale, and to become the purchase at any public sale or by private contract, in manner as any person not interested therein migh bid and become the purchaser; and, by leave of the commissioners, it shall be lawful for the incumbrancer or owner on whose application the sale has been ordered to bid and become the purchaser; and where an incumbrancer on any land lease, or part thereof, shall be the purof such land or lease, or part thereof, the ssioners may, where they think fit, authoch purchaser to retain out of the purchase the amount which might have been ordered to be paid thereout in respect of such incumbrance chaser Comm ise su money secure the convenient application thereof for the benefit and according to the rights of the parties in terested in the land or lease, or part thereof, from the sale of which the same shall have arisen. The 35th corresponds with the 31st. The 36th is new. 36. And be it enacted, that where there shall be separate applications to the Commissioners for sales under this act, of any land, and of any lease in the same land, or of two or more leases in the same land, or there shall be such applications for sales of different undivided shares of any land or lease, it shall be lawful for the Commissioners, where they shall see fit so to do, to include, with the consent of the persons by whom such respective applications may be made or prosecuted, and of any other persons whose consent the Commissioners may, under the circumstances, think fit to require, in the same sale, upon such terms as they think fit, such land and lease, or such leases, or such several undivided shares as aforesaid; and where there shall be separate applications for sales under this act, of any land, and of any lease in other land, or of different lands or leases in different lands, it shall be lawful for the Commissioners, where, from the lands being intermixed, or from other circumstances, it shall appear to them convenient so to do, to include, with such consent as aforesaid, such land and lease, or lands or leases, in the same sale, upon such terms as they may think fit; and where any land or lease, or part thereof, subject to any incumbrance is proposed or ordered to be sold under this act, it shall be lawful for the Commissioners, upon the application of the owner of any lease or under-lease, or estate in reversion, or other estate or interest whatsoever in the same land, (and although such lease, under-lease, estate in reversion, or other estate or interest be not subject to any incumbrance, or would not, if subject to any incumbrance, be subject to be sold under an order of the Commissioners under the provisions herein-before contained,) or upon the application of any incumbrancer on any such lease, under-lease, estate, or interest, to include the same, upon such terms as they may see fit, in the sale of the land or lease, or part thereof, so proposed or ordered to be sold as aforesaid; and all the provisions of this act applicable to any land or lease subject to any incumbrance, and ordered to be sold under this act, and to any incumbrance or charge upon such land or lease, and to the purchase money arising from the sale thereof, and to the conveyance or assignment thereof shall, so far as circumstances admit, extend and be applicable to every such lease, under-lease, estate in reversion, or other estate or interest to be so included in the sale; and in every such case as aforesaid, the Commissioners shall apportion the purchase money and expenses as they see fit. The 37th, 38th, 39th, 40th, 41st, and 42nd sections correspond with the 33rd, 34th, 35th, 36th, 37th, and 38th. The 43rd, 44th, 45th, 46th, 47th, 48th, 49th are new. 43. And be it enacted, that where an application shall be made for a sale under this act of an undivided share of any land or lease, or where any such undivided share shall have been sold under this as act, and either before or after the conveyance or assignment thereof under this act, the Commissioners, on the application of any party interested in such undivided share, or of the purchaser (as the case may be), and after causing to be given such notices to the owner or owners of the other undi vided share or shares of the same land or lease they may think fit, and hearing such parties interested in the respective shares as may apply to them and making or causing to be made such inquiries as may enable them to make a just partition, may, if they think fit, make an order under their seal for the partition of such land or lease; and in such order, or in a map or plan annexed thereto, shall be shown the part allotted in severalty in respect of each of the undivided shares in such land or lease; and the commissioners shall have the like authorities, jurisdiction, and powers in relation to such partition as a court of equity would have in the case of a partition under the direction of such court; and the part so allotted in severalty in res pect of each such undivided share by such order for partition as aforesaid shall, without any conveyance or other assurance in relation thereto, go and enure to and upon the same uses and trusts, and be subject to the same conditions, charges, and incumbrances, as the undivided share in respect of which the same is so allotted would have stood limited or been subject to in case such order had not been made; and the like order for a sale of the part al. lotted in respect of the undivided share to which the application for the sale shall relate may be made (where the order for partition is made before sale,) and the like proceedings had in relation to such sale, and the like conveyance or assignment may be made of the part allotted in respect of the share sold (where the order for partition is made after sale, and before conveyance or assignment,) and with the like consequences in the several cases aforesaid, as if the application for a sale, or the sale, (as the case may be,) had been in respect of the part so allotted as aforesaid; and where any land or lease, or part thereof, to be sold under this act, is subject to any lease, under-lease, or tenancy under which the les sees, under-lessees, or tenants hold jointly or as tenants in common, it shall be lawful for the commissioners, on the application of any such lessee, under-lessee, or tenant, and after causing to be given such notices as they may think fit, and hearing such parties as may apply to them, and making such inquiries as they may think necessary, to make an order under their seal for the partition, as between such lessees, under-lessees, or tenants, of the land included in their lease, under-lease, or tenancy, and for the apportionment of the rent reserved or payable under such lease, under-lease, or tenancy; and after such order of partition the owner of the reversion in the respective parts of the land shall have the like remedies for the apportioned rents against the respective parts out of which the same shall be payable, and the lessees, under-lessees, or tenants holding such respective parts under such lease, under lease, or tenancy, and such order of partition, as were subsisting for the entire rent be fore such partition and apportionment; and all the covenants, conditions, and agreements of every such lease, under-lease, or tenancy, except as to the amount of rent to be paid, shall, as regards the res- beneficial, and that the terms thereof are just and pective parts allotted on such partition, and the reasonable, they shall make an order under their apportioned parts of the rent, remain in force as seal for such partition accordingly; and in such oragainst the respective lessees, under-lessees, or ten- der, or in a map or plan annexed thereto, shall be ants to whom under such partition such respective shown the part allotted in severalty in respect of shall be allotted. each such undivided share; and the part so allotted parts 44. And be it enaeted, that where an application in severalty in respect of each such undivided share shall be made for a sale under this act of any land by such order of partition shall, without any conveyor lease, or part thereof, or where the same shall ance or other assurance in relation thereto, go and have been sold under this act, and either before or enure to and upon the same uses, and be subject after the conveyance or assignment thereof under to the same conditions, charges, and incumbrances, this act, if application be made to the commissioners as the undivided share in respect of which the same by any party interested in such land or lease, or by is so allotted would have stood limited or been subthe purchaser, (as the case may be,) for the exchange ject to in case such order had not been made. of all or any part of such land, or of all or any part 46. And be it enacted, that it shall be lawful for of the land comprised in such lease, for other land the commissioners, upon the application of the which the owner thereof may be willing to give in owners of lands in Ireland not subject to be sold exchange, the commissioners may make or cause under this act, or as to which no proceedings for a to be made such inquiries as they may think fit for sale under this act shall be pending, who shall deascertaining whether such exchange would be bene- sire to effect an exchange of such lands, to make or ficial to the persons interested in the respective lands, cause to be made such inquiries as the commissionand cause such notices to be given to parties inte- ers may think fit for ascertaining whether such exrested in the respective lands as they may think fit; change would be beneficial to the persons interested and if, after making such inquiries, and hearing in the respective lands; and in case the commissisuch parties interested in the respective lands as may oners shall be of opinion that the proposed exchange apply to them, the commissioners shall be of opin- would be beneficial, and that the terms thereof are ion that such exchange would be beneficial, and just and reasonable, they shall make an order under that the terms thereof as proposed, or as modified their seal for such exchange accordingly; and in by them, with the consent of such owner as afore- such order for exchange, or in a map or plan ansaid, are just and reasonable, they may make annexed thereto, shall be shown the lands given and order under their seal for such exchange accord- taken in exchange respectively under such order; ingly, and in such order for exchange, or in a map and the land taken upon such exchange under such or plan annexed thereto, shall be shown the lands order shall, without any conveyance or other assurgiven and taken in exchange respectively under such ance in relation thereto, go and enure to and upon order; and the land taken upon such exchange the same uses and trusts, and be subject to the same under such order shall, without any conveyance or conditions, charges, and incumbrances, as the land other assurance in relation thereto, go and enure to given upon such exchange would have stood limited and upon the same uses and trusts, and be subject to or been subject to in case such order had not been the same conditions, charges, and incumbrances, as made. the land given on such exchange would have stood limited or been subject to in case such order had not been made; and the like order for a sale may be made in respect of the land taken in exchange for any land, or any land comprised in any lease to which the application for a sale shall relate, (where the order for exchange is made before sale,) and the like proceedings had in relation to such sale, and the like conveyance or assignment may be made in respect of the land taken in exchange for the land or lease, or part thereof sold, (where the order for exchange is made after sale, and before conveyance or assignment,) and with the like consequences, in the several cases aforesaid, as if the application for a sale, or the sale, (as the case may be,) had been in respect of the land so taken in exchange. 47. And be it enacted, That it shall be lawful for the commissioners, upon the application of any number of persons who shall be separately owners of parcels of land not subject to be sold under this act, or as to which no proceedings for a sale under this act shall be pending, so intermixed, or divided into parcels of inconvenient form or quantity, that the same cannot be cultivated or occupied to the best advantage, but forming together a tract which may be divided into convenient parcels, and who shall desire to have the whole of such tract divided into convenient parcels, to be allotted in lieu of the old parcels, to make or cause to be made such inquiries as the commissioners may think fit for ascertaining whether such proposed division and allotment would be beneficial to the persons interested in such lands; 45. And be it enacted, that it shall be lawful for and in case the commissioners shall be of opinion the commissioners, upon the application of the own- that the proposed division and allotment would be ers of the several undivided shares (not subject to beneficial, they shall make an order for the division be sold under this act, or as to which no proceed- and allotment thereof accordingly, with a map or ings for a sale under this act shall be pending,) of plan thereunto annexed, in which shall be specified any land in Ireland who shall desire to effect a par- as well the parcels in which the several persons on tition of such land, to make or cause to be made whose application such order shall have been made such inquiries as the commissioners may think fit were respectively interested before such division and for ascertaining whether such partition would be allotment as the several parcels allotted to them resbeneficial to the persons interested in such respec-pectively by such order; and the parcels of land tive shares; and in case the commissioners shall be taken under such division and allotment shall go and of opinion that the proposed partition would be enure to and upon the same uses and trusts, and be subject to the same conditions, charges, and incumbrances, as the several lands which the persons taking the same shall have relinquished or lost on such division would have stood limited or been subject to in case such order had not been made. her Majesty's Court of Prerogative for Causes Ec. clesiastical and Court of Faculties in and throughout Ireland, and of all persons members of the said Privy Council who shall have held the office of Lord Chancellor of Ireland, or any of the other offices herein before mentioned, and of such other persons not exceeding four in number, being Privy Councillors in Ireland, as the Lord Lieutenant or other Chief Governor or Governors, for the time being, of Ireland, shall appoint to be members of such committee; and no such appeal as aforesaid, shall be heard or reported on by the said judicial committee, unless in the presence of at least four such appeal shall be made, unless a majority of the members of such committee present at the hearing concur in such report. THE CHEAPEST AND MOST EXPEDITIOUS ITHOGRAPHIC PRINTING OFFICE IN DUBLIN IS O'SHAUGHNESSY'S, 48. Provided always, and be it enacted, That in the case of land in respect of which no proceedings for a sale under this act shall be pending, no such order of partition or of exchange, or of division and allotment, as aforesaid, shall be made by the commissioners until such notices by advertisement in such public newspaper or newspapers as the commissioners shall direct shall heve been given of such proposed partition, exchange, or division and allot-members of the said committee; and no report on ment, and three calendar months shall have elapsed from the publication of the last of such advertisements; and in case before the expiration of such three calendar months any person entitled to any estate in or to any charge upon any land included in such proposed partition, exchange, or division. and allotment, shall give notice in writing to the Commissioners of his dissent from such proposed partition, exchange, or division, and allotment, (as the case may be,) the Commissioners shall not make an order for such partition, exchange, or division and allotment, unless such dissent shall be withdrawn, or it shall be shown to the Commissioners that the estate or charge of the party so dissenting shall have ceased, or that such estate or charge is not an estate or charge in respect of which he would be entitled in equity to prevent such partition, exchange, or division and allotment; but no such order as aforesaid shall be in anywise liable to be impeached by reason of any infirmity of estate or defect of title of the persons on whose application the same shall have been made. 49. And be it enacted, that every conveyance and assignment respectively executed as required by this act, and every order for partition or for exchange, or for division and allotment, made by the commissioners under their seal, shall for all purposes be conclusive evidence that every application, proceeding, consent, and act whatsoever which ought to have been made, given and done previously to the execution of such conveyance or assignment, or the making of such order respectively, has been made, given, and done by the persons authorized to make, give and do the same; and no such conveyance, assignment, or order shall be impeached by reason of any informality therein. The 50th and 51st, corresponds with the 39th and 40th. L 12, COLLEGE GREEN. NEW LAW BOOKS, EDWARD J. MILLIKEN, 15, COLLEGE GREEN, AW OF DEBTOR AND CREDITOR IN IRELAND. The new Act for the abolition of arrest for sums under ten pounds, and for the recovery of the possession of small tenements before Justices of the Peace, with a full Commentary, Index, Notes and Forms, adapted for the professional and trading classes. By WILLIAM GERNON, Esq., Barrister-at-law. "The concise and lucid style in which the subject of this work is treated cannot fail to render it clear and intelligible to the most limited capacity, *** We can confidently recommend it to the patronage of the profession, and the public at large."- Freeman's Journal. "The value of this Treatise is much enhanced by the forms appended, and the whole is a very good available summary which will be found alike useful to the Lawyer, the Magistrate, the Proprietor of landed property, and the Trader.”—Dublin Evening Mail. 12mo, Second Edition, Price 28, 6d-by post, 3s. THE Act to facilitate the Sale of Incumbered Estates in the provisions of the Act,) for the Sale of Lands subject to Incumbrances. Ireland, with a Copious Index and Directions for proceeding (under By W. M. M'CAY, Esq., Solicitor. "This book should be in the hands of every one interested in Irish estates, or the securities affecting them.”—Dublin Evening Mail. "It possesses the valuable quality of being intelligible to the non.pra. fessional, as well as instructive to the professional reader."—Freeman's Journal. 12mo. price 2s. 6d.-by Post, 35. A TREATISE ON THE LAW OF INTERPLEADER, with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Ferms of Affidavits, Rules, Orders, and the Record on a Feigned Issue. By Jos containing all the Reported Cases in this Country and in England; BLACKHAM, Esq., Barrister-at-Law. A 8vo. price 16s.-free by Post. PRACTICAL TREATISE ON PLEADING BY BILL in the COURTS OF EQUITY in IRELAND; adapted to the General Orders. By ALFRED M'FARLAND, Esq., Barrister-at-Law. The 52nd defines who are to form the judicial to the Editor, with the Publisher, E. J MILLIKEN, 15, COLLEGE committee. All communications for the IRISH JURIST are to be left, addressed 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 in Dublin, or its being forwarded to the Country, by Post, on the day of publication. 52. And be it enacted, that the judicial committee herein-before referred to, shall consist of the Lord High Chancellor of Ireland for the time being, and such of the members of the said Privy LEGE GREEN, or by letter (post-paid), will ensure its punctual delivery Council as shall from time to time hold any of the following offices in Ireland; that is to say, the office of Lord Keeper or first Lord Commissioner of the Great Seal of Ireland, Lord Chief Justice or Judge of the Court of Queen's Bench, Master of the Rolls, Lord Chief Justice or Judge of the Court of Common Pleas, Lord Chief Baron or Baron of the Court of Exchequer, and Judge or Commissary of TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 178. Quarterly, 98. Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45, FLEET-STREET, in the Parish of St. Andrew, and published at la COLLEGE GREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the Cuty of Dublin. Saturday, July 7, 1849. Erish Jurist No. 37.-VOL. I. JULY 14, 1849. PRICE Per Annum, £1 10s. 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: Court of Chancery, in- (ROBERT LONG, Esq., cluding Bankruptcy Appeals...... Rolls Court...... Equity Exchequer.........., Bankrupt Court...... { and ROBERT GRIFFIN, Esq. and W.G. DUBLIN, JULY 14, 1849. IT has long been an unquestioned principle of our Courts of Equity, that there can be no revivor of a suit for the recovery of costs alone. Kemp v. Mackrell, (2 Ves. 580, S. C. 3 Atk. 811.) This rule, however, applies only to the costs untaxed at the time of the abatement, White v. Hayward, (2 Ves. 461, S.C. 1 Dick, 173,) and not to abateiments by death, Sayer v. Sayer, (Dick. 42,) the different judges presiding in the Courts of Equity being astute to discover some means of from a rule which Lord Hardwicke had pronounced to be a "hard one." See Barry v. Stawell, (Fl. & Kel. 1, S.C.; 3 I. E. R. 18.) escape In the case of Robertson v. Southgate, (13 Jur. 533,) June 9th, 1849, a question of much practical importance has been raised, on the effect of the 13th, 18th, and 19th sections of the 1 & 2 Vic. c. CHAS. H. HEMPHILL, Esq., and risters-at-Law. {ROBERT GRIPPIN, Esq. and W. G. CHAMNEY, Esq. Barristers-at-law. decree for costs, when registered, a charge upon the plaintiff's lands; that before registration the costs should be ascertained by taxation; that the decree gave a present right, which the taxation subsequently made effectual; and, therefore, in order to carry into effect the spirit of the Act, the Court would assist the creditor by directing taxation, so as to entitle his representative to register the decree. For the other side it was argued, that as the suit was abated, the application could not be entertained, that there could be no revivor for costs, and though the statutes gave decrees the effect of judginents, it could not alter the rules of Equity. The Vice-Chancellor, without giving any opinion upon the effect of the statute, was of opinion the applicant must revive the suit, if she desired to rely on the effect of the statute. The 27th section of the 3 & 4 Vic. c. 105, enacts, that "all decrees and orders of the Court of Chancery, and of the Court of Exchequer, at the Equity side, &c., shall have the effect of judgments.” Decrees being thus placed on an equality with judgments, the question arises, what would be the position of a judgment creditor, when one of the parties had died after judgment pronounced, but before final judgment entered. 110, giving decrees of the Court of Chancery the effect of judgments at law. These sections are similar to the 27th and 28th of the analogous Irish Act, the 3 & 4 Vic. c. 105. By the decree in that cause, the bill was dismissed, as against all the defendants, with costs; and it was ordered that such costs, when taxed, should be paid by the At the common law, in all actions where there plaintiffs. Before the costs were taxed, one of the are two or more plaintiffs or demandants, the death defendants died, and on this fact being brought of one of them pending the suit—that is, before under the attention of the Taxing Master, he re-final judgment, is an abatement of the action. Unfused to proceed in the taxation of the costs of the deceased defendant. A motion was made before Wigram, V. C., by the executrix of that defendant, without having revived the suit, that the Taxing Master should be ordered to proceed with the taxation of the costs of the deceased defendant. The counsel in support of the motion, admitting that the suit could not be revived for the costs alone, contended that the 1 & 2 Vic. c. 110, made the derhill v. Devereux, 2 Saund. 7 i.) But by the 17 Car. 2, c. 8, s. 1-7 W. 3, c. 7, Ir., if the plaintiff or defendant died after verdict, and before or even after the sittings have commenced, and before the trial, and before final judgment, the action is not abated, but final judgment may be signed, as if the party were alive, and then revived by scire facias, by or against the executor; and by the 9 W. 3, c. 10, Ir., it is enacted, that if any |