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Erish Jurist

No. 54.-VOL. I.

NOVEMBER 10, 1849.

PRICE

Per Annum, £1 10s [Single Number, 9d.

The Names of the Gentlemen who favour THE IRISH JURIST with Reports in the several Courts of Law and Equity in Ireland, are as follows:

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THE importance of the recent statute for the Sale of Incumbered Estates,* and the natural anxiety pervading the public and professional mind as to its provisions and practical working induce us to resume its consideration.

In a previous number we stated that the inducement to purchasers were an indefeasible title, and no expense in investigating it.

It has been since intimated to us that we laid down these propositions much too broadly, that there is no case in which a purchaser can buy with safety without investigating the title, as there may be many instances in which the conveyance by the Commissioners will not pass one that is indefeasible. The argument is put thus: The Commissioners have a limited jurisdiction-they can only sell in certain specified cases-if they exceed their powers the excess is without authority, and any act done by them, unauthorized by the statute, is inoperative and void. By the 19th section, land is not to be deemed subject to an incumbrance, so as to warrant an application for a sale, except in certain enumerated cases; outside the defined limit the Act has no operation, and it is contended that a good title can only be passed when the incumbrance for which

The Act further to facilitate the Sale of Incumbered Estates in Ireland, with Explanatory Notes. By John Lyons, Esq. Barrister-at-Law. Dublin: Milliken.

Court of Exchequer

Chamber...

Queen's Bench, including Civil Bill and Registry Appeals.........

JOHN BLACKHAM, Esq., and
A. HICKEY, Esq., Barristers-at-
Law.

(FLORENCE M'CARTHY, Esq., and
SAMUEL V. PEET, Esq.,
Barristers-at-Law.

Exchequer of Pleas, in- ( CHAS. H. HEMPHILL, Esq., and cluding Manor Court

and Registry Appeals. WILLIAM HICKSON, Esq., Bar

Common Pleas .........

Admiralty Court......

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risters-at-Law.

ROBERT GRIFFIN, Esq. and W. G. CHAMNEY, Esq. Barristers-at-law. ROBERT GRIFFIN, Esq. and W.G. CHAMNEY, Esq. Barristers-at-law.

the land is sold is one of those defined in the statute. If this be so, the Act is rendered almost nugatory; thus, in every case, an investigation of title becomes necessary, the purchaser buys with more or less of risk, and the possibility of a bad title being given, shakes to its foundation the confidence of the public.

Let us state and test the argument. By way of illustration we select the following example, premising that land-adopting the distinction made by the Act between "land" and "lease"-is declared not to be subject to an incumbrance for the purpose of authorizing an application for a sale, except it shall affect the inheritance, or have been created by the owner of an estate of inheritance. Suppose an incumbrance to have been created by a devisee, believed to be absolute owner of the land, but who, on the true construction of the will under which he derives, had only a life estate, if the fee were sold for this incumbrance, which it did not affect, it is contended that the assurance under the Act would not bar the true owner of the inheritance? The statute dealt with the case of incumbrances which did affect the inheritance-not with those which did not. It gives absolute authority to the Commissioners in the former instance; it confers none upon them in the latter; and if they assume to exercise it, their conveyance is inoperative. It being clear that the jurisdiction is limited, the subsequent sections only apply to those cases which fall within the range of the statute. This is the key to their interpretation, and restrains the generality of their language. Thus the 23rd section enacts that "where a sale shall be made under this Act, the Commissioner shall ascertain the tenancies, &c." the 24th, that "the land or lease (i. e. the land or lease subject to the provisions of the Act) shall be sold under the controul and direction of the Commissioners, &c. and the conveyance or assignment of the land or lease shall be made by the Commissioners under their seal,

&c. ;" and the 27th that, "every such conveyance | lic court, and of public proceedings, to deal with (i. e. of the land subject to the provisions of the a species of property, which had a tangible and Act) executed by the Commissioners upon the sale visible existence, and every matter affecting which of land, shall be effectual to pass the fee-simple and inheritance of the land thereby expressed to be conveyed, subject to such tenancies, leases, and under-leases as shall be expressed or referred to

therein as aforesaid; but save as aforesaid, and as hereinafter provided, discharged from all former and other estates, rights, titles, charges and incumbrances whatsoever of her Majesty, her heirs and successors, and of all other persons whatsoever." Those words, though extremely large, must be taken in connection with the 19th section, and apply only to the cases therein provided for-in which an indefeasible title no doubt is passed, and a good title is also always passed against incumbrancers, but not against owners of estates. To hold the opposite construction, would be to make the statute thoroughly confiscatory, and opposed to every principle of the British law; for thus, a man's inheritance might be sold by mistake, and he would be wholly remediless -it might be sold, and will be sold, fraudulently; and if the purchaser be not implicated in the fraud, and the Commissioners pass an indefeasible title, the defrauded inheritor will be without redress. Thus one man's estate may be sold for another man's debts, and a wholesale system of legal plunder accomplished by means of this statute.

We have thus endeavoured to state the argument; though not with the ability with which it might be put though, we trust, with sufficient intelligibility to make it understood. It has been advanced on very respectable authority. Though a good deal impressed with its force, we cannot yield to it; but we thought it our duty to lay it before the public, as it unquestionably raises a doubt of great magnitude, and which should be set at rest as speedily as possible.

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was one of publicity, and of record, all the probabilities were against much private injury being effected, and the case of one man's property being sold for another man's debt, if not absolutely hypo

thetial, was very unlikely.

Convey.

But whatever may have been the intention of the Legislature the point must turn upon the expression of that intention in the statute, and its 27th section contains no restrictive words: "every such ance shall be effectual to pass the fee simple and inheritance of the land thereby expressed to be conveyed, discharged from all former and other estates, rights, titles whatsoever, and of all persons whom soever;" and to guard against the case of a mistake on the part of the Commissioners, or an erroneous conclusion either as to the land, or an incumbrance upon it, affecting a purchaser, the 49th section provides, "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 con veyance 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." The point of the objection being that an unauthorized application might be made, is answered by the section which we have quoted; so far as the purchaser is concerned everything is declared to be rite acta.

We have nowhere concealed our opinion that the statute is a great violation of the rights of property, sed ita lex est. That it confers an indefeasable title, we believe to be the generally-received opinion, and to be that of the Commissioners, as we collect from the statement of Mr. Baron Richards.

Mr. Lyons also inclines to that interpretation, though he does not state it confidently: "It is presumed that even if the Commissioners have come to an erroneous conclusion relative to the title, and that in point of fact it is a defective or a bad one, the purchaser cannot be prejudiced, but he will have a good title as against all the world under the Act of Parliament."

The latter part of the argument is altogether one of inconvenience. The policy of the legislature is oftentimes a key to the interpretation of a statute; and, in the present instance, we apprehend the Legislature meant to work as little private injustice as possible, consistently with the policy of giving facility to the sale and transfer of incumbered estates in Ireland." With this object they created a new tribunal; invested it with extraordinary powers, for the investigation of all patent and latent rights and interests whatsoever; they intended to relieve the lands that were sold from all past debts; the purchaser from all past liability, or future risk. It is admitted that such, their intention, can be effected in those cases which fall within the jurisdiction of the Commissioners; but it is added that an enquiry is always necessary, by a purchaser, as to whether his case be, or be not within that jurisdiction. If such an inquiry were necessary, the absence of it would always involve a risk, and the Mr. Lyons has started a question of some nicety security would only be a very modified one. All on the construction of the 19th section. He obresponsibility was intended to be shifted from the serves, "Suppose a lessee for lives, renewable for purchaser to the Commissioners; whether the sta- ever, under-leases for a term of 500 years, and the tute has carried out that intention, is a subsequent under-lessee creates an incumbrance affecting the question; and as to the comparative injustice of entire term, is such incumbrance within the such a proceeding, we admit it. The measure was a meaning of the Act? It should seem not. The political experiment, which sprung from a national incumbrance in such case affects a derivative innecessity; with the machinery provided of a pub-terest only, and is not created by the person enti

It is a question on which there should be no doubt, and if there be a well-founded one it ought to be set at rest by a short supplementary Act; the influx of property into the new court is already great, and the consequences would be alarming if the received interpretation, to which the public faith is in some degree committed, were erroneous.

tled to the entire estate." In such case, the lease | seasonably supplies the immediate wants of the for 500 years could not be sold under the statute, profession. which exempts from its operation an incumbrance where it shall affect a derivative estate or interest only, except created by the person entitled to the whole estate or interest.

We cannot arrive at the same conclusion as the commentator; three species of leases fall within the scope of the Act, a lease in perpetuity, (comprehending under-leases in perpetuity,) a lease whereof a term of not less than sixty years shall be unexpired, and any church or college lease. The term "derivative"-the word which has led to what we think a misapprehension-is applied to an estate or interest derived from each of these species of leases, depending on each, but yet less than each. Thus in the case of a lease in perpetuity, if it be granted to A. and his heirs, and he limits the same lease to B. for life, that is a derivative estate; but if A. were to grant a lease to C. for 500 years, that is not a derivative interest in the sense used by the Legislature, it is a distinct leasehold interest of which C. is unqualified owner during its existence, and any incumbrance created by him would be an incumbrance, for which, in our judgment, that leasehold could be sold. If Mr. Lyon's construction of the word "derivative" be correct, no lease in Ireland could be sold; for in one sense every lease is derivative from a greater estate. If an owner in fee were to grant a lease for 500 years, that would be derivative from his fee; and yet we apprehend that Mr. Lyons would not contend that such a lease might not be sold. The question is the same as to a lease created by the owner of a lease in perpetuity, owner of the fee, or owner of an estate tail. Enough for the of the statute if an incumbrance affect a term of 60 years, and be created by the person entitled to the whole interest in the term. Thus, if the 500 years were limited to C. for life, remainder to D., both their interests are derivative; for C.'s incumbrance, the leasehold could not be sold, whilst for D.'s, when he was in possession, it could, as he was then possessed of the whole interest created by the lease the object of the legislature being the sale of the entire interest in the subject matter of sale, and not a fragment of it. It may be suggested that the case of leases derived from the fee are not derivative within the meaning of the word as used in the statute, and that they are properly within its purview, as having been created by an "absolute" owner. But this is a slender argument, and the term of fifty years is confined, in the previous part of the section, to incumbrances on land, not on leases, and applies to cases where the absolute owner of an estate created mortgages for terms of years, or to similar cases.

purposes

Court Papers.
Chancery.

Hagan v. Kirkwood,
Same v. Molloy,

PPO

PC

LIST OF CAUSES-MICHAELMAS TERM, 1849.
The following abbreviations are used to save space: R. H. Rehearing,
Exception and Merits, O. P. C. Order pro Confesso, R. J. C. Return of
P.P. Pleadings ard Proofs, R. M. Report and Merits, R. E. M. Report
Judge's Certificate, B. A. Bill and Answer.
Reilly v. Fitzgerald, R H
Frazer v. Meredith,
Ritchie v. Cowan, P P for dis.
Same v. Stewart,
Cockburne v. Molloy, R M
Jessop v. Clarke,
Same v. Same,

}

RH

REM

Gurney v. Oranmore, R M
Hutchinson v. Hutchinson,
Minchin v. Sleeman, R M

EM

R

Johnson v. Tottenham, PP
OP C

Crilley v. Harding, P P
Slack v. Molloy, BA OP C
Duff v. Bunn, P POP C
Boyle v. Boyle, P P
Hedges v. Aldworth, R E M
Hamilton v. Macartney, B A
Nugent v. Archer, P P D
Watson v. Giles, R M
Atkinson v. Lopdell, P P
C Esdaile v. Macan, R M
Skelton v. Gerard, PP OPC
Sandres v. Percival, P PO
PC

Giveen v. Mennons, R M
Byrne v. Carew, R M
Bevan v. Massy, P P O P
Cummins v. Reddy, R M
Hunter v. Earl of Limerick,
Plunket v. M'Mahon, P P
Et contra, R J C
Chute v. M'Gillicuddy, REM
M'Mahon v. M'Mahon, P

BA

Courtenay v. Wilson, P P O
PC

PO'Sullivan v Sullivan, R M

Roche v. Deasy, P P O PC
Buist v. Tenant, RE M
Collins v. Irwin, RE M

MOrmsby v. Earl of Limerick,

BA PPOPC

Coulson v. Williams, R M
Hughes v. Power, RE
Soden v. Bournes, R M
Hughes v. Hughes,
Allman v. Crofts, P P
Abbott v. Plunkett, PPO P C
Kenny v. Darcy, R M
Fitzpatrick v. Knaresborough,
REM

Vincent v. Lamphier, R M
Lupton v. Marshall, B A
Montgomery v. Marshall, BA
M'Laine v. M'Dowell, P P
Dub. & Livpl. Steam Co. v.
Austin, P P
Young v. Glengall, P P
Pigott v. Glengall, P P
M'Dermott v. O'Connell,

PBAOP C

Walsh v Wilson, P P
Cormick v. Cormick, R M

Leathem v. Allen, P P
O'Bierne. v. Lodge, P P
Ottley v. Mason, R H

PC

Murphy v. Figgis, R M
Small v. Lloyd, R M
Smith v. Kearney, P P

Heron v. Macnevin, P P

Leslie v. Young, P P
Moriarty v Mullins, R M

15,

Ormsby v. Same, P P O P C
Jones v. Bate, P P

Moorehead v.Rutherford, PP
BAOP & P C
Same v. Molloy, PPPA OP
& PC
Edgeworth v. Edgeworth, and
other causes, RHP PO
PC

Whyte v. Whyte, P P
Irvine v. Dane, P P
Cleary v. Stoney, P P
PActon v. Campion, P P
Pigott v, Burrell, B A
Twigg v. Pim, P P
Bolton v. Ormsby, P P BA

OP C

Mahony v. Mahony, P P
O Davies v. Adams, R M
Borough v. Butler, R M
Decie v. Roche, P P
Lord Carberry, v. Preston,
PP

Stopford v. Preston, P P
Hinds v. Hinds, PP BA O
PC

Now ready price, 2s. 6d, by post 3s.

of the 12 and 13 of Victoria, with Introduction, Notes, and Index. By ROBERT WM. OSBORNE ESQ., Barrister.at law. Dublin: EDWARD J. MILLIKEN, Law Bookseller and Publisher,

College-green.

Just published, I Vol. 12mo, cloth, price 5s. by post 5s. 6d.

The chief use of a commentary such as that of THE LAW OF JUDGMENTS as affected by the Statutes Mr. Lyons is that it contains the statutes and the orders in a collected and convenient form, and this little work, which is compiled with neatness and care, fulfils that use. Whilst the law and practice which are to be administered by the Commissioners are so new, the opinions of a text writer are indeed valuable as the result of thought, but they more frequently suggest difficulties than help to remove them. The present work, however, very 15, College-green.

THE ACT further to facilitate the SALE OF INCUMexplanatory comments, the Rules and Orders under the Act, as confirmed by the Privy Council, and a General Index.

BERED ESTATES IN IRELAND, (12 and 13 Vic. chap. 77,) with

By JOHN LYONS ESQ., Barrister-at-law.
Dublin: EDWARD J. MILLIKEN, Law Bookseller and Publisher

COUNTIES OF DUBLIN AND TYRONE.

B

LESSINGTON ESTATE S.-
Reduction of Reserved Price.

The attention of capitalists is directed to the sale of these estates, which will take place on the 23rd of November next. They are the most favour ably circumstanced of any Irish estates ever offered for sale, being situated in the North of Ireland, in the centre of a Protestant county, with a thriving and industrious tenantry, where disturbances are unknown. The lands are let at such old and low rents that a large premium is commonly paid, on change of tenants, to the outgoing tenant. A reduction of upwards of 20 per cent. will be made on the reserved price at which these estates were

offered for sale at former sales. The Freehold Ground Rents in Dublin, also for sale, are the most secure investment in Ireland.

Particulars may be obtained of Mr. ANDERSON, 2 King's Inns Quay,

Dublin.

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FEE.FARM RENT of £15 10s. 2d. payable out of the Lands of Lislap, Lurganboy, and Beltany-all which manors, towns, and lands, and premises are situate in the baronies of Stra. bane and Omagh, in the county of Tyrone; and also all that and those parts of the Lordship of St. Mary's Abbey, and the Lands of the Grange of Clonliffe, in the county and county of the city of Dublin, and compris. ing

PLOTS OF GROUND AND PREMISES, situate in the following streets and places

in the CITY and COUNTY of DUBLIN,

viz.-Berkeley-street, Bolton-street, Blesington-street, Britain-street, Capel-street, Great Charles-street, Circular-road, North, Clonliffe, Cross lane, Dorset.street, Denmark-street, Drumcondra-road, Eccles-street, Fitzgib. bon-street, Upper Gardiner.street, Lower Gardiner street, Lower Glouces. ter.street, Mary's Abbey, Marlborough-street, Mountjoy street, Russell. street, Rutland-street, Richmond.street, Sackville-street, Sherrard-street, Summerhill, Paradise-row-otherwise Wellington street, Pill-lane, and 8t. George's-place; and also that

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Two of the townlands mentioned in the foregoing posting adjoin the eastern division of the demesne of Mountjoy Forest, in the vicinity of Omagh; others are intersected by the mail-coach road from Dublin to Londonderry; but the greater number are situate around and in the immediate neighbourhood of Newtownstewart. They contain in all upwards of 9800 acres. Some of the townlands are beautifully situated, and in the very highest state of cultivation, and are all respectably tenanted The town of Newtownstewart is situate on the west bank of the river Mourne or Strule, a little below its confluence with the Glenelly river, which is a carrier of various mountain streams. It is surrounded by town parks, which, for fertilty and richness of pasture, cannot be excelled. It is a market and post town, distant about seven miles from Omagh, and seven from Strabane; it consists of six streets, and about 350 houses; it contains about 1800 inhabitants, and is well supplied with water, which is conveyed in pipes to the principal houses. This town offers very great inducements to an improving landlord, but particularly to one who would add the en. couragement of manufacture to that of agriculture, for there cannot be found a situation presenting greater facilities for the erection and working of a manufactory than at Newtownstewart. The inhabitants are peace. able, well-conducted, and industrious. In the immedia'e vicinity there is a sufficient quantity of the best flax annually grown to keep the largest factory at work; and in the valley at the entrance into the town, (being part of the townland of Croshballinree, now also offered for sale), there is an eligible site for the erection of a manufactory on the verge of the river Mourne, commanding a never-failing supply of water to any extent. There is in the town a large and handsome church, besides several other places of worship for Presbyterians, Methodists, and Roman Catholics, The Londonderry and Enniskillen Railway, now completed as far as Stra. bane, will pass by the town. It is intended to sell in the same lot with

the townland of Newtownstewart, the several townlands immediately sur. rounding it, viz:-Grange, Deerpark, Rakelly, and Croshballinree; so that the purchaser of the town shall not be dependant on any adjoining estate for turbary, townparks, or land, but shall have within himself sufficient to secure food and fuel for all the inhabitants. The whole of this lot contains upwards of 2000 acres, and produces a present rent exceeding £1100 year but by Government Valuation it is worth £2800 a.year. There will be said ALL THE RIGHTS AND PRIVILEGES OF LORD OF THE MANOR,

with the town,

Marquis of Abercorn, are close to the town; and there are within the The magnificent mansion and demesne of Baronscourt the seat of the townland, and in the immediate vicinity, the residences of several country and freestone quarries within the lands comprised in this lot, and but gentlemen and opulent farmers. There are large and valuable limestone short distance from the town, which are capable of being easily, extensively, and profitably worked. On the whole, therefore, the purchaser of y townstewart and the adjoining townlands will have an estate rarely equalled within the same limits in a rural district for beauty of situation, compact. ness of arrangement, respectability of neighbourhood and of tenantry richness of soil, industry and good order of inhabitants, internal sources of improvement, and a water-power sufficient for the working of any ma chinery, and all under the control of the purchaser himself, a Lord of the extensive Manor in which Newtownstewart is situate, in which character he will be entitled to preside personally, or by his Deputy, in the Court of the Manor.

The Dublin lots now offered for sale comprise several of the most eligible sites for building that can be found on the north side of the city. They also comprise the extensive and beautiful demesne and mansion of Clonlife, bounded on the north by the river Tolka, having all the advantages of m mediate proximity to the city, without liability to any municipal taxes, and yet being as retired as if it were several miles distant from a town. The land is in a high state of cultivation. The house, offices, and gardens are in perfect order, and immediate possession can be given to the purchaser, The House lots in the city of Dublin are held for long terms of years, or for lives renewable for ever; and the rents reserved are chiefly valuable ground rents, which, from the extent of buildings erected, will ensure to the purchasers the utmost certainty of the regular payment of the rents and the tenants, and others interested in the premises will be enabled to redeem or extinguish the ground rents now payable thereout.

As the lands are to be sold under an Act of Parlianent the purchaser can get immediate possession without the expense of investigating title. Mapa of the various lands and premises to be sold can be seen at the office of Mr. Anderson (as below,) who will be happy to give every information, personally or by letter, respecting the property.

For rentals, conditions of sale, and all further information and parties. lars, apply to Matthew Anderson, solicitor for Lady Harriet D'Onay having the carriage of the decrees and of the proceedings, under the Act of Parliament, and order for sale, No. 2, King's Inns quay, Dublin; and also to Alexander Worthington, Esq., one of the Trustees under the Act, 29, North Frederick street; Alexander Norman, Esq. receiver of the Dub. lin Estates, 21, Upper Temple-street; Henry Leslie Prentice, Esq. receiver of the Tyrone Estates, Caledon; Messrs. Symes and Colles, solicitors for C. J. Gardiner, Esq. 21, Upper Merrion-street; John Collum, Esq solicitor for James Scott, Esq., 70, Talbot-street; Hugh Simpson, Esq., solicitor for Tyrone receiver, Aughnacloy; and Thomas Baker, Esq. Parliamentary Agent, 29, Spring Gardens, London. MATTHEW ANDERSON, Soliciter, No. 2, King's Inns-quay, Dublin.

STAMP

12 and 13 VICTORIA, CAP. 80.

C. RORKE,

RETAILER AND LAW STATIONER,

Begs to inform Receivers, the Agents of Noblemen, Gentlemen, her Friends, &c., that notwithstanding the repeal of allowances on Receipts, she will continue to keep in stock as heretofore an assortment of Plain and Copperplate Printed Receipts, in Books and otherwise, of every duty, which she will dispose of at a trifling additional charge.

Special Forms, worked off from Plates, and forwarded with the required duties affixed to any part of the kingdom at the shortest notice, 74, DAME-STREET, DUBLIN.

JUST PUBLISHED,

THE LAW and PRACTICE relating to the Sale and

Transfer of ENCUMBERED ESTATES in Ireland, as regulated by Statutes 12 and 13 Vic. c. 77, (the Encumbered Estates Act,) with Intro. duction, the Act, Explanatory Notes, Forms, the new General Rules for regulating proceedings for Sale of Encumbered Estates, Schedule of Fees, and a very copious Index.

By JAMES O'DOWD, ESQ., Barrister-at-Law,
London: JOHN CROCHFORD, Law Times Office,
Dublin: HODGES and SMITH.

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ARTICLES.

MISCELLANEOUS INDEX.

On the object of The Irish Jurist, and the mode in which it will be conducted, 1.

On the Act for the Sale of Encumbered Estates in Ireland, 2.

On the Act to amend the Law of Savings Banks, 9.

On the Irish Poor Law, 17.

On the Encumbered Estates Act, 18.

On the purchase by a receiver of an estate over which he is appointed, 25.

On the case of O'Brien v. the Queen in error, 33.
On the Encumbered Estates Act, 34.

On the Irish Poor Law, 41.

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On the Bill to convert the renewable leasehold Tenure of Lands in Ireland into a Tenure in Fee, 73. On the case of Fulton v. Farran, which decides that a creditor who has obtained a charging order on funds in court may obtain the fund on motion without filing a bill, 74.

On the Irish Poor Law, as to the unequal mode in which the different parts of Ireland are taxed, 81.

On the administration of property under the control of Courts of Equity, 85.

On the case of Lyster v. M'Namara, which decides that in an ejectment for nonpayment of rent, it is only necessary to serve the tenants in possession, 89.

On the orders under the Encumbered Estates Act, 91. On the Act for the Sale of Encumbered Estates, 97. On the payment of money into court, 99.

On Queen's counsel, 105.

On the jurisdiction of the courts of law over ecclesiastical livings, 107.

On the Poor Law, as to the policy of rendering each estate responsible for the support of its own poor, 113. On the divisions of counties for holding Quarter Sessions, 121.

On the case of the Queen v. Duffy, 129.

On the law of settlement for the poor, 132.

On the destitution of Connaught and its cause, 137.
On the Statute of Limitations, 138,

On the plantation of Connaught, 145.

On the relation of landlord and tenants by instruments not under seal, 146.

On the plantation of Connaught, 153.

On the relation of landlord and tenant by instruments not under seal, whether there is any implied covenant as to the fitness of land for any particular purpose, 155. On the management of estates under the control of Courts of Equity, 161.

On the production of documents, 162.

On the plan of a commission for the sale of encumbered estates, 169.

On the alienation by a married woman of a reversionary chose in action, 171.

On the Bill for the Amendment of the Law of Bankruptcy, 177.

On the question, whether in an action for malicious arrest,

ARTICLES, (continued.)

in the absence of direct proof, malice can be inferred from mere negligence, 179.

On the renewal of habere under the 9 and 10 Vic., cap. 111, 185.

On the committee to inquire into the law of receivers, 193.

Whether, in a sale of specific chattels, there is any warranty of title implied in the contract, 195.

On the Encumbered Estates Act, 200.
On the amended Poor Law Act, 203.

On the renewal of haberes under the 9 and 10 Vic., сар. 111, 209.

On the effect of lodging money in court after writ served, but before declaration filed, 210.

On the letter of Isaac Butt, Esq., on the Rate in Aid,

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On the practice of the Court of Exchequer in this country, by which the sheriff in an interpleader case obtains his costs, 236.

On the Encumbered Estates Act, 241.

On the unequal taxation of tithe rent charge under the Poor Law, 243.

On the motion for an inquiry into receivers in Courts of Equity, 249.

On the lien of a solicitor on papers, 257.

On the Bill to Amend the Law of Judgments, 265. On making judgment creditors parties to suits in Equity, 267.

On the alteration in the law of judgments, 273.

On the Act for the Conversion of renewable Leases into Tenures in Fee, 275.

On the alterations introduced by the House of Lords into the Encumbered Estates Act, 276.

On bills of revivor for costs, 281.

On the computation of time in the disposal of distresses for rent, 283.

On the question, whether, for the purposes of pleading, the money counts are to be considered one, or several, 285.

On the report of the committee on receivers on the alterations in the Judgment Bill, 293.

On the case of Molony v. Nugent, deciding that a solicitor cannot be a receiver, 294.

On the difference of opinion between the Master of the Rolls and the Masters in Chancery concerning the appointment of solicitors as receivers, 301.

On the management of estates by receivers, 308. On the question, whether, in actions on written instruments, the description by an initial letter without any excuse for not setting it forth fully, is good cause of demurrer, 310.

On the case of Crosbie v. Thompson (11 I. E. R., 404) which decided that evidence tantamount to an admission might be given in evidence, though not put in issue by the pleadings, 317.

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