to disclose the amount, it could be disclosed in a very simple manner. 10026. With regard to the registry of deeds, have you any observation to make. You have heard the evidence which has been given by Dr. Longfield and Mr. Lawson; is there anything with regard to that point which you would wish to state to the Committee? With regard to that, I would suggest, that the memorial of the deed be required to contain the names, not only of the parties to the deed, but of all parties taking any estate or interest under it on which judgments can attach, and of all trustees and other parties who in consequence of the deed should receive notice of any sale of the land, that the memorial be required to contain the residences of all such persons, in the same manner as each memorandum of a judgment or similar charge is required to contain such residences now. That parties be enabled to record a change of residence, and that notice at the registerd residence be conclusive on all parties for the purposes of a sale. That the memorial be required to contain the names of the townlands and numbers of the tenements less than townlands, both taken from the Ordnance Survey, with the numbers of the Ordnance sheets, and the interest, whether freehold or leasehold, or sub-leasehold of any degree, in such townlands or tenements to be affected, by registering such memorial, and that no other description of the lands to be affected be required. That such memorial be registered as well against the name of every grantor in such deed, as also against the townlands and tenements named therein, and in a separate index against the grantees taking any estate or interest on which judgments can attach. I propose this last, namely, having a separate index, because, as judgments are to be required to register their judgments against particular portions of land, I think it only fair to afford them the facility of ascertaining what lands parties are entitled to on which a judgment can attach. 10043. Mr. Bright.] I asked you whether there was not land in Ireland held under patent, with reversion to the Crown?—Yes; I believe that that is an impediment to the transfer of land peculiar to Ireland; I am not aware that it exists to anything like the same extent in England: some of the grants from the Crown in particular counties, and made at particular periods, contain reversions on the failure of issue, or of male issue. In almost every investigation of title it is necessary to search the original patent of the grant from the Crown, to see whether it is in this way or not. Now, the suggestion which I would make on this subject is, that the Commissioners of Woods and Forests be required to register against the townlands or tenements affected by such reversions the existence of such reversions, so that in every case where it was not registered there would be no occasion to search to see whether such reversion existed or not. I think then that the Commissioners of Woods and Forests should institute an inquiry into the value of such reversions, and having inquired carefully into that, should proceed to sell them under their power of sale and exchange, and that the parties under limited interests should be enabled to charge the inheritance for the purpose of buying up such reversions. The Right Honorable Henry John Reuben, Earl of Portarlington, and others, Defendants. W. BROOKE WHEREAS it has been re presented to me, that several of the Creditors on the Estates of the late Right Honorable John, Earl of Portarlington, deceased, the Testator in the pleadings named, have neglected or omitted to come in and file charges on foot of their respective demands and incumbrances, pursuant to the decree of the th day of February, 1847, and that the time limited by and for the said pur. pose has expired, and that it is expedient to extend said period: Now ! require all Creditors and Legatees of the late Right Honorable John, Eari of Portarlington, deceased, the Testator in the pleadings named, and also all persons having Charges or Incumbrances affecting the real and free. hold Estates of the said late Earl of Portarlington, to come in before me at my Chambers on the Inns Quay, in the city of Dublin, on or before Tuesday, the 20th day of November next, and proceed to prove and claim the same, otherwise they will be precluded the benefit of sand Decree. Dated this 30th day of June, 1819. E LITTON. John Warnock, Plaintiff's Solicitor, 30, North Great George's Street, Dublin. NEW LAW BOOKS, BEST'S PRINCIPLES OF EVIDENCE, A TREATISE on the Principles of EVIDENCE and PRACTICE as to Proofs in Courts of Common Law; with Elemen tary Rules for conducting the Examination and Cross-examination of Witnesses. By W M BEST, A. M. LL.B., Barrister at Law. I vel, Sva, cloth, 18s. ANGELL ON THE LAW OF CARRIERS, A TREATISE on the Law of CARRIERS of GOODS Esq., Barrister-at-Law. I vol. royal 8vo. bds. 256. A and PASSENGERS by Land and by Water. By S. K. ANG, ROGER'S ECCLESIASTICAL LAW, Practical Arrangement of ECCLESIASTICAL LAW. Second Edition, considerably enlarged. By FRANCIS NEWMAN ROGERS, Esq., Barrister-at-Law. 1 vol. 8vo. £1 166. PRINCIPLES OF EQUITY JURISPRUDENCE. THE Principles of EQUITY JURISPRUDENCE, emCourts of Equity. By the Editors of the Law Students' Magazine. I vol. bracing the Concurrent, Exclusive, and Auxiliary Jurisdiction of 8vo, cloth bds, 13s. 6d. ADDISON ON THE LAW OF CONTRACTS. A TREATISE on the Law of CONTRACTS, and Rights Inner Temple, Barrister-at-Law. Second Edition, 2 vols. 8vo. price £1 16 and Liabilities ex Contractor. By C. G. ADDISON, Esq. of the SUMMARY of the Law of Bills of Exchange, Cash Bills, Edition, by G. W. DOWDESWELL, Barrister-at-Law. I vol, 890. £125. and Promissory Notes. By SIR JOHN BAYLEY, Knt. Siz All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLFGE 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. Supplement to The Irish Jurist. No. 52.-VOL. I. OCTOBER 27, 1849. COURT OF COMMISSIONERS FOR THE October 24, 1849. The Right Hon. BARON RICHARDS (Chief Commissioner) said-This being the first public sitting of the Court for the Sale and Transfer of Incumbered Estates in Ireland, as established under the Act of Parliament passed in the Sessions holden in the 12th and 13th years of the reign of her Majesty Queen Victoria, it may be right briefly to call attention to some matters connected with the establishment of this Court, and with the course of procedure which it is our intention to have adopted for the purpose of carrying out the provisions of the Statute. The Act of Parliament, from whence all our jurisdiction is derived, appears to have received the Royal assent on the 28th of July, 1849, and, shortly after that time, Dr. Longfield, Mr. Hargreave, and myself, had the honour to be appointed Commissioners by her Majesty, pursuant to the 1st section of the Act; and with all convenient speed, afterwards, we, the Commissioners, assembled together, and proceeded to frame a code of rules for regulating the course of procedure under the Act, and for securing the due execution of the powers vested in us, and giving effect to the provisions and objects of the Act. These rules we were enabled to lay before her Majesty's Privy Council in Ireland, for their approbation or amendment, on the 18th September, 1849. Some of these rules that right hon. and learned body were pleased to strike out altogether, and to alter others; and on the 17th of October, 1849, the Privy | Council were pleased finally to dispose of the matter, and to express their approbation of the rules as so altered by them, and immediately afterwards the rules, as so altered, were, as I understand, enrolled in the High Court of Chancery, as required by the 10th section of the Statute, and that being done we have thought it right to name this day, being the earliest that we could well appoint, for the opening of our Court. I may mention that certain of the rules which we have laid before the Privy Council, relative to matters of form merely, and to the mode of commencing and continuing proceedings in our Court, and though we felt that we had sufficient authority of ourselves, under the 9th section of the Act, to frame rules and regulations of that description, without requiring the approbation of the Privy Council, we thought it would be more satisfactory that the entire of the proposed plan and framework of our court should be laid before the Council, rather than a mere fractional portion of our intended practice, leaving it, however, to that learned body to deal with the rules generally in whatever way they might, in their wisdom, think PRICE [Subscribers, 6d. Non-Subscribers, Is. proper; and accordingly the Privy Council, considering it unnecessary that their approbation should be required in respect to matters which fell within our own authority, under the 9th section of the Act, did, as I understand, strike out all those rules which appeared to them to partake of that character. But they, no doubt, also varied other rules, which we submitted to them, in many important particulars. I mention these matters chiefly to account for our having introduced into a sepa rate code, and upon our own authority alone, certain of those forms and directions which, if the matter were unexplained, it might be supposed the Privy Council had dissented from; but that is not the case. We are quite aware that, whereever the Privy Council varied or expunged any of the rules submitted to them, except upon the grounds that I have mentioned, we had no authority to retain those rules so disapproved of, nor have we any disposition to assume the authority of running counter in any respect to the judgment of that learned body. With regard to the rules themselves, it would be taking up time unnecessarily if I were to attempt here to state them either in detail or otherwise; all persons who are desirous of making themselves acquainted with the subject, would do well to study attentively both sets of rules and forms-I mean those approved of by the Privy Council and those emanating from ourselves, and propounded upon our own authority. We have endeavoured to make all those rules as plain and as clear as we could, and those that have been framed under the 10th section of the act having in their present state, received the sanction of such distinguished personages as presided at the Council Board, I should hope they will not be found very difficult to be understood. But, considering the novelty of the subject, we think it right to invite those who intend practising in the Court to communicate freely with us, in case of any difficulty arising in their minds in regard to any of those rules. Such communication, however, must be made in public, and at the sitting of the Court, and not in any other manner, or at any other time. Having said this much upon the subject of our general rules and orders, I would next observe that although we (the Commissioners) are now perfectly ready and most anxious on our parts, to proceed with the business of our Court, yet I do not well see, how we can advance a step, until some fit and proper place shall be provided and prepared for us in which to hold our sittings, and more especially a place in which the office business of our Court can be carried on, and where the pleadings and documents connected with the business of our Court can be deposited, and safely kept, and filed, and registered. It is not to be expected that our secretary can keep all those pleadings and documents manner should refrain from doing so in the purchase of land in Ireland, and especially in the purchase of land to be sold under our Court; for, first, they will have a clear and indefeasible title not depending upon the preservation of any ancient deeds or charters, or on the accuracy of searches, or on the opinions of counsel; but deriving its validity from the statute under which we are acting; and se condly, they will have a clear possession, free from all claims of tenancy, save those subject to which the property is expressly sold; but chiefly the purchaser under our Court will obtain the benefit of his contract at once, and not be delayed, as is sometimes the case, for years, not knowing, up almost to the latest moment, whether his purchase is to be on or off. As to the objection I have here made against purchasing in Ireland, arising out of the present state of this country, I shall only observe that if we reflect upon the calamitous events of the last four years, it is not surprising that the state of society in Ireland should be, to a certain extent at least, disorganised. We have had by the awful visitation of Providence, I may say four successive years of partial famine, accompanied with pestilence and wretchedness unparalleled; and it has been our fate during the same time, to have had a code of laws to work out which, even in better times. could not fail in their commencement to press severely upon many-I mean the poor-law acts. But this state of things is not, I trust, to last for ever; and I confess I have strong hope and expectation that, ere long, we shall see Ireland emerging from her present condition, and rising into a more ele vated and healthy state, both morally and physically, than we have ever yet known her to enjoy, With regard to the frauds attempted by tenants on their landlords in carrying away their crops and stock to avoid payment of their lawful debts and engagements, I have every confidence that such a state of things will not have continuance; and that contracts between landlords and tenants will be observed with the same fidelity in Ireland as elsewhere. But however fraught with matter for observation the present state of Ireland may be, it is not for me to enter npon that wide field; there are far more competent persons engaged in considering what is best to be done for the improvement and ameliora tion of our country, and I shall not, therefore, be tempted to pursue this subject. about his person, or even in his own domicile; and I would not think it right that valuable papers and muniments of title and deeds should be lodged with our officer, until he shall have a safe and convenient place in which to deposit them. I trust, however, that ere long we shall be provided with all necessary accommodation for the purpose of carrying on the business of our Court; indeed I have every reason to believe that his Excellency the Lord Lieutenant, and the government, are most anxious to second our efforts to obtain that accommodation with as little delay as possible. But until this accommodation shall be obtained, I greatly fear that the business of the court must be very much impeded. I do not feel that it is within my province to touch upon the general policy of this measure, except to say, that nothing shall be wanting on the part of the Commissioners to carry out, as far as in them lies, the great object which the Legislature had in view in enacting this law, and we hope and trust that public expectation may not be disappointed. Upon the subject of sales before us, I would wish to call particnlar attention to our sixteenth rule; and chiefly because that rule establishes a practice essentially variant from the practice of every other Court of Equity both in England and Ireland. By that rule we have concluded ourselves from opening any sale by reason of an advance in the bidding merely. Many persons, I dare say, will disapprove of the principle of that rule, but we do not expect to please all parties, we can only say that the principle of that rule engaged our most earnest and anxious consideration; and, upon the deepest reflection, we arrive at the conclusion that the practice of opening sales from time to time, by reason of an advance in the biddings, was calculated to damp very much the ardour of bona fide purchasers, to delay the final completion of the sale and winding up of the cause; and, in fact, more or less to damage all parties interested in the case. It is essential, however, that this most important alteration in the mode of procedure, in respect to the sales of property, should be very generally known, and we trust it will obtain universal publicity; on the other hand, to guard against a collusive or fraudulent attempt to have property knocked down at a gross undervalue, we have reserved to ourselves a power by the fifteenth rule, to adjourn the sale of any lot if, in our opinion, the highest price offered is clearly inadequate. This is a power which, I apprehend, we shall very seldom have occasion to exercise, and, most likely, never shall exercise, except where we have reason to suspect something in the nature of fraud or contrivance in the case. It is right, how-to the Court on the construction of the 5th general ever, that we should have such a power, to be used or not as the circumstances of the case may appear to render necessary. Indeed I have heard it said by some, and I have read something of the same kind also, that unless we are prepared to sacrifice all property bronght into our Court we shall not be able to effect sales. I don't know whether it is expected that I should enter at any length into that subject. But I presume it is not, and, for myself, I must confess I have no disposition to prophecy one way or other on that point. All I shall therefore say is, that I see no well-founded reason why persons desirous of investing capital in a profitable SECOND SITTING.-October 25, 1849. THE Right Hon. BARON RICHARDS, Chief Commissioner, said:-That a doubt had been suggested order, requiring the petition to be accompanied by an affidavit verifying the material facts therein; and the question is, whether it is necessary to re-state in the affidavit the facts and other matter in the petition. We consider it to be a sufficient compliance, if the petitioner state that he has read the facts, &c, and that they are true. It might so happen that he might be scrupulous of swearing to his belief of the truth of every fact; it is sufficient if he does so, as to the material facts. In a case where the incum brance originally affected the whole property, and the latter has become divided, it will not be, in the first instance, necessary, perhaps, to have separate peti be sealed therewith all orders, conveyances, and other instruments made by or proceeding from the Commissioners in pursuance of this act; and all such orders, conveyances, and other instruments, or copies thereof, purporting to be sealed with the seal of the Commissioners, shall be received in evidence without any further proof thereof. tions; one will, at first, be sufficient, and further directions, if necessary, can be given on the granting the conditional order for a sale. Objections have been made to our scale of fees. We do not profess to include therein every item that may be charged; we have framed them as a guide to our officer in his taxation of costs. We wish to make the fees remunerative in proportion to the trouble and expense incurred, and shall be glad to have, on this subject, any suggestions emanating from the respectable body of solicitors. When the proceedings here are after Decree we do not think that it is necessary that the Decree annexed to the petition should be attested by the officer; an attested copy is but a compared copy, and if the affidavit state that it is in every respect similar, the actual signature of the officer will be unnecessary. As to any difficulties that may arise, we shall be ever accessible and will-office for a longer period than five years next after the day ing to answer any questions on the rules and directions, if arising out of or relating to a petition before us. With regard to the construction of the Act parties must rely upon themselves, or consult counsel. If any such questions should arise in a case before us we will then answer them as best we call. The course of proceeding we intend to adopt will necessarily cause much of our business to be done in the office. When the petition is lodged, the Commissioners, or one of them, will read and consider it in his chamber, and then make such order thereon as he may think proper, either order a sale, or direct notices to be served, and on whom, or require such further information as he may deem 3. And be it enacted, that all acts, matters, and things which the Commissioners are by any of the provisions of this act required or authorized to do or execute shall and may be done and executed by any two of such Commissioners. 4. And be it enacted, that it shall be lawful for the Com missioners, from time to time, (with the consent in every case of the Commissioners of Her Majesty's treasury.) to appoint a secretary, and such clerks, messengers, and officers as they shall deem necessary for the purposes of this act, and to remove such secretary, clerks, messengers, and officers, or any of them. necessary. LIST OF OFFICERS APPOINTED BY THE COMMIS- Stephen W. Flanagan, Esq., Barrister-at-Law, Henry Carey, Esq., Barrister-at-Law, Clerk and Robert King Piers, Esq., Solicitor, Notice Clerk. Andrew Armstrong, Esq., Solicitor, Clerk and CAP. LXXVII. AN ACT FURTHER TO FACILITATE THE SALE 28th July, 1849. 2. Aud be it enacted, that the Commissioners shall cause to be made a Seal for their Commission, and shall cause to 5. And be it enacted, that no Commissioner, secretary, or other officer to be appointed as aforesaid shall hold his of the passing of this act, and thenceforth until the end of the then next session of Parliament. 6. And be it enacted, that it shall be lawful for the Comexceeding three thousand pounds by the year to be paid to missioners of Her Majesty's Treasury to direct a salary not one of the said Commissioners, and a salary not exceeding two thousand pounds by the year to each of the other Commissioners for the time being appointed under this act; and the salaries of the Secretary, Clerks, Messengers, and other time regulated by the Commissioners of Her Majesty's Officers to be appointed under this act shall be from time to Treasury; and the salaries of such Commissioners, Secretary, Clerks, Messengers, and Officers as aforesaid, and all other incidental expenses of carrying this act into execution not herein otherwise provided for, shall be paid out of such monies as shall be provided by Parliament. 7. And be it enacted, that no Commissioner appointed under this act shall during his continuance in such office be capable of being elected or of sitting as a member of the House of Commons. 8. And be it enacted, that every Commissioner appointed under this act shall, before he enters upon the execution of his office, take the following oath before one of the Justices of the Court of Queen's Bench or Common Pleas, or one of the Barons of the Court of Exchequer, in Ireland; (that is to say,) honestly, according to the best of my skill and judgment, 9. And be it enacted, that the Commissioners shall frame, and cause to be printed and circulated or promulgated, as they shall see occasion, forms of application and directions indicating the particulars of the information to be furnished to the Commissioners, on application to them under this act, with reference to title, incumbrances, and the circumstances of the land, and such other information as in the judgment of the Commissioners may assist them in forming an opinion on such application, and also such other forms and directions as the Commissioners may deem requisite or expedient for facilitating proceedings under this act. 10. And be it enacted, that the Commissioners shall from time to time make such general rules as they may think best adapted for regulating the course of procedure under this act, and for securing the prompt and due distribution and payment of the monies received upon sales under this act amongst or for the benefit of the persons entitled thereto, and for the protection in respect of such monies of the interests of persons under disability and of future interests, and generally for securing the due execution of the powers vested in the Commissioners under this act, and giving effect to the provisions and objects of this act; but no fees or sums shall, under any such general rule or otherwise, be payable to any officers or persons appointed under this act upon or in respect of any proceedings under this act, save, in respect of any copy or extract of or from any order, document, or proceeding actually required and taken by any party, such sum, not exceeding three halfpence for every ninety words, as shall be paid for the making of such copy or extract, and the Commissioners shall authorize to be charged to such party for the same: provided that every such general rule shall be laid before Her Majesty's Privy Council of Ireland, and it shall be lawful for such Privy Council, by order signed by six of the said Privy Council, to confirm or disallow any such rule, or to alter or amend, and confirm with alteration or amendment, any such rule, or to remit any such rule to the Commissioners for further consideration; and every such general rule (when the same shall have been confirmed by order of the said Privy Council) shall be enrolled in the High Court of Chancery in Ireland, and when so enrolled shall be binding on the Com missioners in the exercise of their powers, and shall be of the same force and effect as if the same had been enacted by authority of Parliament: provided always, that any rules so confirmed and enrolled as aforesaid may from time to time be rescinded, amended, or altered as occasion may require by other rules made by the Commissioners and confirmed and enrolled in like manner. 11. And be it enacted, that all such general rules as shall be made and confirmed as aforesaid shall be laid before both Houses of Parliament within one calendar month from the confirmation thereof, if Parliament be then sitting, or if Parliament be not then sitting, within one calendar month from the commencement of the then next session of Parlia ment. 12. And be it enacted, that it shall be lawful for the Commissioners by summons under their seal to require the attendance before them, at a time and place to be mentioned in such summons, of all such persons as they shall think fit to examine in relation to any question or matter depending before them, and to require all such persons to produce before them all deeds, books, papers, documents, and writings relating to such question or matter, and to examine upon oath, or, in the case of persons allowed to make affirmation or declaration in lieu of an oath, upon affirmation or declaration (as the case may require), all persons who shall attend under such summons, and all persons who shall voluntarily attend before them as witnesses; and it shall be lawful for any of the Commissioners to administer such oath, affirmation, or declaration; and every person required by such summons to attend before the Commissioners, who, without reasonable cause, to be allowed by the Commissioners, shall fail to appear according to the tenor of such summons, or shall refuse to be sworn or to make affirmation or declaration (as the case may be), or shall not make answer to all such questions as shall be lawfully put to him by the Commissioners, or shall refuse or fail to produce before the Commissioners any such deed, book, paper, document, or writing, being in or under his custody, possession or power, as shall be lawfully required to be produced by him before the Commissioners, shall for such default of appearance, refusal to be sworn or to make affirmation or declaration, or for not answering any such question as aforesaid, or not producing such deed, book. paper, document, or writing, incur and be liable to all such penalties, prosecutions, actions, and suits as a person might incur or be liable to for failing to appear, or refusing to be sworn or to give evidence in any suit or matter depending in the High Court of Chancery in Ireland, and the Commissioners shall have the like powers, jurisdiction, and authority, for enforcing the attendance of persons summoned as aforesaid for punishing persons failing to appear, or refusing to be sworn or to make affirmation or declaration or to give evidence, or guilty of contempt, and generally for enforcing all orders made by the Commissioners under any of the powers or authorities vested in them under this act, and otherwise in relation to the matters to be inquired into and done by them under this act, as are by law vested in the High Court of Chancery in Ireland for such purposes in relation to any suit or matter depending in such court. 13. Provided always, and be it enacted, that the Commis sioners may, where they think fit, receive in evidence affida. vits; and such affidavits may be made before any person empowered to take affidavits which may be received in evidence in the Court of Chancery in Ireland, or, where they think fit, the Commissioners may by order under their seal appoint and authorize any person to take affidavits, or to examine any witness or witnesses who shall attend before such person to be examined, in Ireland or elsewhere, in relation to any application to or matter pending before the Commis sioners, and to administer oaths, affirmations, or declarations for the purposes of such examination. 14. And be it enacted, that every order made by the Commissioners under this act, a copy whereof shall be cer tified under their seal to the High Court of Chancery in England, may be enrolled in like manner and enforced by the like process as an order for payment or for accounting for money made by the High Court of Chancery in Ireland, a copy whereof is exemplified and certified to the said Court of Chancery in England under the great seal of Ireland may be enrolled and enforced under an act passed in the forty-first year of King George the Third, intituled An Act for the more speedy and effectual Recovery of Debts due to His Majesty, his heirs and successors, in right of the crown of the United Kingdom of Great Britain and Ireland, and for the better administration of justice within the same, 15. And be it enacted, that the Commissioners shall be a Court of Record, and shall have all the powers, authority, and jurisdiction of a Court of Equity in Ireland for the investigation of title, and for ascertaining and allowing incumbrances and charges and the amounts due thereon, and settling the priority of such charges and incumbrances respectively, and the rights of owners and others, and generally for ascertaining, declaring, and allowing the rights of all persons in any land or lease in respect of which application may be made under this act, or in the money to arise from sales under this act, and shall have the like authority and jurisdiction for enforcing, rescinding, or varying any contract for sale made under this act, and in other matters incident to or consequent on a sale under this act, as are vested in a Court of Equity in relation to a sale under the direction of such court, but their procedure shall be according to such general rules as aforesaid, or, where the general rules shall be inapplicable, at the discretion of the Commissioners; and the Commissioners shall have power, in relation to any mat ter or question before them, to send cases for the opinion of a Court of Law, and to direct issues of fact to be tried by a jury; and, subject to any such general rules as aforesaid, the Commissioners may refer to any one of such Commis sioners any such inquiries and matters as they may think fit, and such one Commissioner shall, for all the purposes of this act, have in relation to all such inquiries and matters as shall be so referred to him the like powers, authorities, and jurisdiction as the Commissioners or any two of them would have under this act. 16. And be it enacted, that where land in Ireland, or a lease in perpetuity, or any lease for a term whereof not less than sixty years shall be unexpired at the time of such ap plication as hereinafter mentioned, or any church or college lease, of land in Ireland, shall be subject to any incumbrance, it shall be lawful for the owner of such land or lease, within three years from the passing of this act, to apply to the Commissioners for a sale of such land or lease under the provisions of this act. 17. And be it enacted, that where any land in Ireland, or any such lease as aforesaid of land in Ireland, shall be subject to any incumbrance, it shall be lawful for any incumbrancer on such land or lease, within three years from the passing of this act, to apply to the Commissioners for a sale under the provisions of this act of the whole or part (as in the judgment of the Commissioners may appear necessary) of such land or lease, for the purpose of discharging the is cumbrances thereon. 18. And be it enacted, that where application for a sale of any land or lease has been dismissed with costs by a conpetent tribunal, no application by the same party for a sale of such land or lease, or any part thereof, shall be enter tained by the Commissioners, unless it is shown that such costs have been paid. |