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any cause depending in any court of equity, or any order 9. That no order absolute, nor any order or proceeding under made in any matter of bankruptcy or lunacy, against this act shall be impeached by reason of any of the petitioners such company, or against any person authorized to be being afterwards discovered not duly qualified to present the sued as the nominal defendant on their behalf or against petition on which the order absolute shall have been made; any one or more of the members or contributories those provided that a petition may be presented under this act be of in the name of the other members or contributories some person duly qualified, praying to have the benefit of the thereof, ordering any sum of money to be paid, and such former proceedings, and to be allowed to prosecute

same. company shall not have paid same when same ought to 10. That every petition for dissolution and winding-up or be paid:

for winding-up under this act shall be advertised once in the 5. If any action shall have been brought in any court or London Gazette, and served, at the head office of the com

record against any contributory for any demand due of pany, upon any member, officer, or servant of the company claimed to be due from or by such company, and such there, or in case no such member, &c. can be found there

, company shall not, within ten days after notice in writ- then by been left at such office, or in case no such office can ing by such contributory of such action served upon the be found, then upon any member, &c. of the company: procompany in manner herein-before directed with respect vided that no petition by direction of the court of bankruptey

, to any judgment debt, have paid, secured, or com- nor any order thereon, shall require advertisement, and in pounded for such demand, or procured such action to case no office of the company, nor any member, &c. can be be stayed, or shall not have indemnified the defendant found, the court may hear and make any order on such peti. to his satisfaction against such action, and all costs, tion on production of the London Gazette containing such damages, and expenses to be incurred by him by reason advertisement as aforesaid, and without proof that suck of the same:

petition has been served in manner aforesaid. 6. If any creditor of a company to the amount requisite to 11. That the court may at the hearing direct any such peti.

support a fiat shall have filed an affidavit in any superior tion, whether served or not, to stand over, and direct such court of law at Westminster or Dublin, that such debt service of the petition as shall seem meet. is justly due to him from the said company, and shall

12. That on any petition the court may require any parties have sued out of the said court a writ of summons or to show cause, why the company should not be dissolved other writ against such company, or any person autho- and wound up or wound up under this act, or may make a rized to be sued on behalf of such company, or against conditional order or refer it to the master to make inquiries any one or more of the members or contributories those and in case no sufficient cause be shown, or in case the terme of in the name of the other members or contributories, of such conditional order be not fulfilled, or it shall appear and shall have given notice of same as before directed, from the master's report, that the dissolution and winding. and such company shall not within three weeks after up or the winding up of any such company under this act is service of such notice have paid, secured, or compounded necessary or expedient, may make such order absolute as for such debt to the satisfaction of such creditor, or hereafter mentioned. have made it appear to the satisfaction of one of the 13. That the court may, before making any order abso. judges of the court out of which such writ shall have lute, direct the application or performance, either wholly or issued that it is the intention of such company to defend in part, of any provisions contained in the constitution of the action upon the merits, and shall not within three the company towards the purposes of such dissolution or weeks next after service of such notice have caused an winding up. appearance to be entered to such action in the proper 14. That the court, on the hearing of any such petition,

court in which the same shall have been brought : may dismiss such petition with or without costs, or to make 7. If any company shall be dissolved, or cease to carry an order absolute for the dissolution, &c., and by such order

on business, or carry on business only for the purpose it shall be referred to one of the masters to wind up the of winding up its affairs, and the same shall not be affairs of the company under this act. completely wound up:

15. That the date, title, and ordering part of every order 8. Or if in any other matter or thing shall be shown which of the court made upon any such petition, previously to and in the opinion of the court shall render it just and equi- including the order absolute, shals

, within twelve days after table that the company should be dissolved.

the date thereof, be advertised once in the London Gazette, 6. That in case any fiat shall have issued against any and be served as the court shall direct. company under any of said acts, no petition shall be presented 16. That from the date of any order absolute for dissolu. for the dissolution and winding up or winding up of such tion, or from any date to be therein fixed for that purpose, company under this act by any person other than creditors the company therein specified shall be absolutely dissolved

. assignees of the estate and effects of such company, who 17. That the petitioner on whose petition an order absomay by the order of the court of bankruptcy (but not other-lute shall be obtained shall without delay carry in the same wise,) present a petition to the Lord Chancellor or Master before the master; and in default of his so doing in ten days of the Rolls, for the winding up of such company under this next after the date of such order any person being or claimact, and such order shall be a sufficient ground for such peti- ing to be a contributory may present his petition, praying tion; and upon an order for the winding up of such company to have the carriage of said order absolute, and such order by the court of Chancery the court of bankruptcy shall make shall be made as to the court shall appear just; and it shall upon the proceedings under the fiat a memorandum of such be sufficient to serve such petition either upon the petitioner order of the court of bankruptcy, and the said proceedings who obtained the order absolute, or upon his solicitor. shall be deposited with the master to whom the matter shall 18. That the court, in any decree or order for the disbe referred by the court of Chancery, provided, that the solution of a company, association or partnership, and also master may dispense with such deposit.

by any order after a decree for the dissolution of a company, 7 That all proceedings, accounts and matters in the pro- &c., may order that the affairs of such company, &c., shall secution of any fiat, before order absolute under this act, be wound up under this act, and the costs of same shall be shall, for the purposes of winding up under this act, be as paid and recovered under this act, and any such decree or valid as the same would have been under the said fiat, and order shall, if the court shall so direct, be deemed an order any pending proceedings, accounts, and matters under such absolute under this act. fiat may be concluded under this act.

19. That from the date of any order absolute it shall not 8. That every petition and proceeding under this act shall be lawful for the directors, members, or officers of the combe intituled " in the matter of Joint Stock Companies Wind- pany in respect of which same shall have been made to coning-up Act, 1848,” and in the matter of the company to vey, assign, pay, or otherwise dispose of any of the properts, which such petition or proceeding shall relate, describing monies, or other effects of the company otherwise than by such company by its most usual style or firm, until any order the direction of the master. absolute under this act, and after any such order then by 20. That until an official manager shall be appointed, as the style by which such company shall have been designated herein-after mentioned, and when there shall be no official in such order absolute.

manager, the master may in any case, immediately upon the

order absolute being brought in before him, appoint by writ- general order, or by any special order, shall direct, and in ing under his hand an interim or provisional manager of the such sum as the master shall direct (but not to exceed by property, &c., of such company, or of such part as the more than one thousand pounds the greatest sum or value master shall think fit; and the person so appointed shall which in the judgment of the master the official manager have all the powers and authorities usually exercised by shall be likely to have at any one time in his hands,) for the receivers in a suit, together with all powers and authorities duly accounting for all monies, &c., which shall come to his exercised by any official manager under this act, except so hands, and the recognizance of the official manager shall be far as the master shall otherwise direct; and such person for the whole amount of the sum to be so fixed, and the reshall act under the direction of the master, in collecting cognizances of the sureties shall be either joint or several for receiving and disposing of the property, &c, of such com the whole or any portion of said sum, but the total amount pany, and such interim manager may, under the direction of of the recognizances shall not be less than the sum in which the master, signified by writing under his hand, apply any the official manager shall be bound; and upon the death, part of the monies, &c., collected, or got in by him in the bankruptcy, or insolvency of any surety the master may discharge of any judgment debt against such company; and require recognizances in his place; and may require addithe master may fix the amount and nature of the security tional recognizances by the official manager and his sureties, of such interim manager, and also appoint any person to be and upon the breach of the condition of any recognizances, interim manager without any security, provided that upon the same shall under an order of the master, be put in force the appointment of an official manager under this act all the by the official manager, or by any contributory of the compowers and authorities of such interim manager shall cease, pany, in like manner as the recognizances of receivers of the and such interim manager shall deliver up and pay to the offi- Court of Chancery; and the master, after any person shall cial manager all the goods, monies, &c., of such company have ceased to be official manager, and his final account shall come to his hands as such interim manager, together with all have been passed, and any balance due thereon paid, to books, &c., relating thereto, and the master may make an order such recognizance to be vacated. order, directing such delivery and payment, and for vacating 25. That in case default shall be made by the official manaany recognizance entered into by such interim manager and ger in accounting for what he shall receive as such, or in his surety : provided that no action, or other proceeding shall paying same as the master shall direct, the master may be instituted or prosecuted by or against any such interim require the official manager and his sureties, to pay to such manager, as representing the company, otherwise than by person, and within such time as the master shall appoint, the style and designation of the official manager of the com- the whole or any portion of the sum in which they shall pany; and that every such action, &c., shall be instituted have become bound by recognizance : provided that nothing and prosecuted, as if an official manager of the company had herein contained shall extend the liability of any surety bebeen already appointed, and were a party to same, nor shall yond the sum in which he became individually bound on his same abate by reason of the appointment of an official mana- recognizance. ger, but shall be carried on by or against him.

26. That nothwithstanding anything herein-before con21. That upon any order absolute being carried in before tained, the master may accept the security of any guarantee the master, or upon the death, removal, or resignation of society established by charter or act of parliament in any any official manager, the master shall forthwith direct the part of Great Britain, in lieu of the security of such sureparty having the carriage of the order, to insert an adver-ties as aforesaid. tisement in two successive numbers of the London Gazette, 27. That every appointment and removal of an official and also in such two or more newspapers as the master shall manager shall be valid without confirmation by the court, appoint, giving notice that the master will proceed, at a day, unless otherwise ordered in the particular matter; and every hour, and place to be stated in such advertisement, such such appointment, and removal shall be advertised in the day to be within fourteen days from the publication of the London Gazette, and in such newspaper as the master shall first advertisement, to appoint an official manager, and pre- think proper. viously to the making out such list of contributories as 28. That immediately after the appointment of an official herein-after mentioned all persons being or claiming to be manager the master shall, direct all the books of account, contributories of such company, and after the making out of deeds, cash, &c., and writings of the company to be delivered such list all persons appearing on same shall be entitled to up to the official manager, and upon the appointment of any attend, and offer proposals or objections as to such appoint- new official manager all the same matters shall be delivered ment; and the master may adjourn the appointment of any over to him: provided that the master may make such order official manager same to be stated to the parties present, and as he shall think fit relative to the custody or deposit, of it shall not be requisite to give notice of such adjournment such books of account, &c. by advertisement.

29. That on every appointment of an official manager all 22. That at the time and place to be fixed in such adver- the estate, effects, credits, and rights of action of the com. tisement, or at any other time or place to which the appoint- pany, and all powers which might be exercised by an official ment of an official manager shall have been adjourned, the manager, shall, except so far as the master shall, by writing master shall, by writing under his hand, appoint an official under his hand, direct to the contrary, become absolutely manager of the company, and the master shall have power, vested in the official manager, either solely, or jointly with at his discretion, but subject to any special direction of the any other official manager, as joint tenants; and when, accourt, to remove, by writing under his hand, any such offi- cording to any laws now in force, any conveyance or assign, cial manager, and thereupon, and also upon the death or ment of real or personal property vested in any official resignation of any official manager, to appoint any other manager under this act would require to be registered, then person in his stead; and such official manager may be either the order absolute, together with the first appointment of any contributory of any company, or the assignee in bank- an official manager, shall be registered in the registry office, ruptcy of any company, being baukrupt, or of any bankrupt wherein such registry or assignment would require to be remember or contributory of the same.

gistered; and the registry hereby directed shall have the like 23. That in making the first or any subsequent appoint-effect as the registry of any such conveyance or assignment ment of an official manager, the master may adopt the pro- would have had; and the title of any purchaser of any such posal of any party attending him ; and the proposal of any property for valuable consideration, or of any mortgagee of the parties who shall have appeared before the court shall thereof without fraud, who shall have duly registered his not be entitled on that account to any preference; and the purchase or mortgage deed previously to the registry hereby master may appoint any person whom he shall think proper, directed, shall not be invalidated by such order absolute or although not proposed by any of the parties.

appointment : provided that if the master shall, by writing 24. That upon the appointment of any official manager, under his hand, direct that any of the said estate, &c. shall not or within such period as the master directs the official mana- vest in the official manager, the court, or the master, may at ger, and two or more persons as his sureties, to be approved any time after discharge or vary such direction, and thereof by the master, shall enter into a recognizance as in the upon the estate, &c., comprised in such direction shall, schedule hereto set forth, or otherwise as the court by any

either wholly or to the extent to which the same shall be so in the matter of the dissolved company, and at their own discharged, become vested in the official manager. expense may attend the proceedings; and any contributory

30. That when any order shall have been made on peti- may, at his own expense, submit any proposal before the tion, by direction of the Court of Bankruptcy, for winding master in relation to the affairs of such company. up under this act the affairs of any company, all the estate, 39. That if any contributory shall be an idiot or lunatie, &c. of the bankrupt company for the time being, vested in he shall be entitled to attend, and shall be sufficiently ra the assignees in bankruptcy shall, upon the appointment of presented by his committee; and if any contributory shall an official manager, unless otherwise provided by the order be a minor, he shall be entitled to attend, and shall be absolute, become absolutely vested in such official manager, sufficiently represented by his father or guardian, or by his together with all the powers an official manager might exer- mother, or next friend to be appointed by the master; cise in any matter instituted under this act in which the provided that the master may appoint a guardian of any company had not become bankrupt.

contributory being a minor, or a representative of any con. 31. That until the issuing of any general orders by this tributory being a lunatic, but not found so by commission act authorized to be made, the practice of the court with for the purposes of any winding-up under this act. respect to receivers and managers of partnership estates

(To be continued.)
shall, subject to the provisions of this act, and to any special
orders or directions relative to the official

manager
, with resia NEWLAW BOOKS received bor, EDWARD MILLI

. the master are hereby authorized to make,) apply to every SMITHS SELECTION of LEADING CASES, 3rd Edition, by Henry official manager under this act.

SINGER Kcarino, and JAMES SHAW Willes, Esqrs. of the Inner Temple,

Brrristers.at law. 2 vols. Svo. £2 128. 6d. 32. That the court may allow remuneration, by way of

WILLIAMS on the LAW of EXECUTORS, 4th Edition, 2 volk ere, percentage or otherwise, to the official manager, and to any £3 88. receiver to be appointed as herein-before provided, and in

Just published, price 3s. by post 38. 6d. crease or diminish same.

33. That the official manager, with the approbation of the LAWOF DEBTOR AND CREDITOR IN IRELAND. master, may employ, and from time to time dismiss an at- and for the

recovery of the possession of small tcnements

before Justica torney or solicitor.

of the peace, with a full commentary, Index, notes and forms, adapted for 34. That the official manager shall proceed, under the di- the professional and trading classes, rections of the master, in the making up, continuing, com

By WilliAM GERNON Esq., Barrister-at.law. pleting, and rectifying the books of account of the company, 15, College-green.

Dublin : EDWARD J. MILLIKEN, Law Bookseller and Publisher, and in providing and keeping all other books of account necessary for showing the debts and credits of the company, LEG

EGAL AND HISTORICAL DEBATING SOCIETY. including a ledger, which shall contain the separate accounts

ESTABLISHED 1845. of the contributories, (and in which every contributory shall society have been ADJOURNED (for the Christmas Recess; to FRIDAY,

The Members are requested to take notice, that the Meetings of the be debited with the amount payable by him in respect of any the 12th day of JANUARY, 1849. call to be made as hereby provided,) and in balancing such

SUBJECT FOR DEBATE. books and accounts of the contributors, in getting in, and "Can a Judgment Creditor, proving under a decree, avail himself of the converting the estate and assets, and winding up the affairs 2.27, to save his demand from the operation of that statute ?"

precedency of a Creditor's suit, instituted after the passing of 3 & 4 W. IV. of the same company, in paying the debts as herein provided,

Barristers, Law Students, and Graduates of the Universities of Dublin, and in dividing and distributing the surplus assets of the Oxford, and Cambridge, are eligible for admission. company amongst the parties entitled, and in bringing before

Members who have changed their residences, or who have friends to

propose, are requested to communicate with the Secretary. the master all questions necessary to be determined and set

JOHN NORWOOD, Esq. 11, Nelson Street. tled in order to the winding up of the affairs of the company; and the official manager shall, without the necessity of any H. MORRISON, HAT MANUFACTURER, proposal in writing, take the directions of the master with

17. WESTMORELAND.STREET, reference to all proceedings necessary to be taken for the

INVITES the attention of Gentlemen to his large Stock of complete winding-up of the affairs of the company.

French Hats. He would particularly recommend for Winter wear his 35. That the accounts of the official manager and re

FRENCH VELVET HAT at 12s 6d., ceiver if any, shall be passed before the master, and which for Gentlemanly appearance and durability cannot be surpassed by vouched as he shall direct; and that the contributories any other house in the city. shall only be at liberty to surcharge and falsify such

Best Velvet Hat made 18s.

Lincoln and Bennet's London Hats, accounts.

Hunting Caps, Livery Hats, &c. 36: That the official manager shall make, in books provided by him for that purpose, true entries of all matters TROWSERS.. The numerous testimonials received by and proceedings in the winding-up the affairs of the company; and such books shall be kept in the custody of the style of his Trowsers, and likewise the very flattering patronage bestowed

on him by the higher classes of society, induces him to apprise his patrona, official manager, and shall on all occasions on which the and those gentlemen who have not hitherto honored him with their orders, master is required to proceed in the matter of such com that he has secured the services of a few of the most experienced Parisian

workmen for the winter season, J. O'D's practical knowledge as a Tros. pany be produced before the master.

sers Cutter having been fully tested in the first houses of the British me. 37. That upon any order absolute being brought before tropolis

, he is therefore fully qualified to produce an article in this depart. the master for consideration, he shall, after insertion of

JAMES O'DRISCOLL, Professed Trowsers Maker, the advertisement relative to the appointment of an official

9, ANGLESEA.STREET. manager, determine what parties shall attend him in the proceedings under such order absolute; and the master

All communications for the IRISH JURIST are to be left, addressed may direct any other contributories to attend him, and the to the Editor, with the Pablisher, E. J. MILLIKEX, 15, COLLEOE master, with the consent in writing of the majority in

GREEN. Correspondents will please give the Name and Address, as the

columns of the paper cannot be occupied with answers to Anonymous number and interest, of the persons to be represented, may Communications nor will the Editor be accountable for the return of appoint and remove any contributories to watch the pro

Manuscripts, &c. ceedings of the liquidation, as representatives of the contributories in general, or such as the master shall be of

Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL

LEGE GREEN, or by letter (post-paid), will ensure its punctual delivery opinion ought to be so represented : and all the proper in Dublin, or its being forwarded to the Country, by Post, on the day of parties shall in manner hereinafter mentioned be served

publication, with notice of all proceedings before the master : and the

TERMS OF SUBSCRIPTION-(payable in advance): costs incurred by all such parties, except so far as the

Yearly, 30s. Half-yearly, 178.

Quarterly, 96 master shall otherwise direct, shall be part of the general costs of winding up the company under this act.

Printed by THOMAS ISAAC WHITE, at his Printing Office, Noth

FLEET-STREET, in the Parish of St. Andrew, and published at 15 38. That all contributories shall

, at their own expense, MALLIKEN, residing at the same place, all being in the County of the receive notice, as the master shall direct, the proceedings | City of Dublin. Saturday, December 30, 1848.

Irish Jurist

No. 10. Vol. I.
JANUARY 6, 1849.

PRIC:

'er Annum, £1 10u.

per a mber, 9d. The Names of the Gentlemen who favour The Ierse Jurist with Reports in the several Courts of

Law and Equity in Ireland, are as follows
Court of Chancery, in-
ROBERT W. OSBORNE, Esq.,

Court of Exchequer

John BLICKHAM, Esq., and and cluding Bankruptcy

A. HICKEY, Esq., Barristers-at

Chamber .......
Jous Pitt KENNEDY, Esq., Bar-

Law.
Appeals.........
risters-at-Law.

Queen's Bench, includ- ( Joun T. Bagot, Esq., and WILLIAM BURKE, Esq., and ing Civil Bill and Re-FLORENCE M.CARTHY, Esq., Rolls Court............

WILLIAM JOHN DUNDAS, Esq., gistry Appeals.......... Barristers-at-Law.
Barristers-at-Law.

Exchequer of Pleas, in- Chas. H. HENPHILL, Esq., and CHARLES HARE HENPHILL, Esq. eluding Manor Court WILLIAN HICKSON, Esq., Bar. and

and Registry Appeals. risters-at-Law. Equity Exchequer....

WILLIAM HICKSON, Esq, Bar-
risters-at Law.

Common Pleas...

at-Law.

{ ROBERT LONG, Esq., Barrister

DUBLIN, JANUARY 6, 1849. lessées. They have, to be sure, latterly found it

inconvenient, there being the same lives, the same

estate-no reversion, therefore, no distress or action The practice of granting leases for lives, with of ejectment* maintainable. And thus a combinacovenants for perpetual renewal -a mode of tenure tion of legal inconveniences and anomalous landlord peculiar to Ireland has given occasion to an in relationships has forewarned the termination of an calculable amount of litigation, and been most un existence which the legislature has doomed, and satisfactory both to landlord and tenant. The last session was introduced a bill, to “convert the legal interest thus created was a mongrel, and no renewable leasehold tenure of lands in Ireland into one will regret its extinction, or, rather, conversion a tenure in fee." into a known and legitimate mode of tenure.

1 It was withdrawn, but only for the Session, There was an uncertainty about the interest that principally in consequence of the opposition of was exceedingly uncomfortable to the lessee ; for Mr. Law on behalf of the Irish Society ; but the him, lives always dropped inopportunely, whilst interests of no public body can be allowed to imto the landlord they appeared perfectly patriarchal. pede the enactment of so desirable a measure. It Forfeitures were incurred, that could only be re- is perfectly right those interests should be consilieved against by tenantry acts and courts of dered, and if affected, the owners should be com. equity; or, if not, fines swelled to enormous pro- pensated, but they cannot be allowed to stay legisportions, being increased beyond all natural limits lation of so generally useful a character. by a septennial computation which we never could We purpose to give an outline of the way in well understand, with the addition of all possible which this important change in the law is to be kinds of interest. But, nevertheless, leases for effected. The bill proposes to convert all tenures of lives renewable for ever were favourites. Landlords were proprietors of large tracts, and had no duties ejectment suits, arising merely from the relation of landlord

This is to be understood as applying to replevin or to perform, or responsibilities to fulfil. The very and tenant. In Pluek v. Digges (2 H. & Br. 21, S.C. 5 Bligh uncertainty of the tenure lent them a charm to P.C., N. S. 31) it is apprehended the replevin was not the lessee ; the selection of an octogenarian was maintainable, if the avowry had been special

, (there being a interesting to the natural land-leased philosopher, clause of distress in the lease to the plaintiff,) and not the who became as knowing in discerning men of longe- tenant, which it was decided did not exist in that case. In

common avowry, arising from the relation of landlord and vity and long-lived families, as in the points of a

a case, argued in the Conrt of Exchequer in Ireland, in Tri. horse; the words, renewable for ever, fell plea- nity or Michaelmas Term, 1844, similar in facts to that of santly upon the ear-demi-landlordism arising Pluck v. Digges, except that the action was in ejectment from an estate which, though dead, was yet of its and not replevin, which, much to the loss of the profession, own inherent nature, capable of resuscitation- has never been reported, and the name of which, we believe, whose animation, though long suspended, was yet Pennefather, B., and Richards, B., that there must be a re

was Lessee Porter v. Welsh, it was held by Brady, C.B., susceptible of renewed life and vigour. It was version, in the absence of any express covenant to entitle the something more than equivocal generation, elec- landlord to his action of ejectment. Lefroy, B., after a tricity, or galvanism--a discovery in law unattain- masterly review of the authorities, in a judginent that to able in other sciences. It led, too, to a numerous' our mind then appeared conclusive, held that there was a offspring of sub-infeudations ; lessees were generous, common law right of entry, consequently that the action and granted a term as good as their own to sub was maintainable, but that he was bound by the decision of

the House of Lords in Pluck v. Digges,

1

the nature we have described into fee-farms, adding to default, but also upon the inheritance of the rent, the rent the probable average amount of the renewal save only where charges are created under the fines. The machinery by which the conversion is Drainage Acts. to be made, is the following :-The owner of a This unequivocally establishes the right of sallease in perpetuity petitions the Court of Equity vage, which would, we think, be otherwise open to Exchequer, who by side bar rule refer the matter some doubt. In Angell v. Bryan (2 Jon. & Lat

. to the Chief Remembrancer, who is empowered to 763), Sir Edward Sugden, C., decided that a person give notice to all persons interested in the lease, who had advanced money to pay rent, and then and, having ascertained its terms, to compute the took a mortgage of the land for the amount, was yearly average of the renewal fines, which com- not, as a salvage creditor, entitled to any priority ; puted average is to become the amount of the fee- in Burroughs v. Molloy (Id. 521), be held a similar farm rent. All under-lessees in perpetuity are to opinion with respect to advances by a mortgagee. have notice of the proceedings, and may, within In Brice v. Montgomery (Wallis, Rep. Lyne one month after notice, come into the office and 325) the landlord, having advanced money to his acquire a fee-farm tenure in the lands comprised in tenant to secure the arrears of a fee-farm rent due their under-leases. When the Chief Remem- to himself, was declared to have priority over a brancer's Report has been confirmed—it may be prior charge on the same lands. Whatever be the varied on motion without taking exceptions—the existing state of the law, the legislature, we trust, leasehold interests, whether legal or equitable, will, when the bill shall be again before them, carry shall be enlarged into a legal estate or estates of into effect this useful provision. inheritance in fee, subject to the fee-farm rent in The 19th section provides that if persons here, cluded in the Report, and subject also, “and with after shall be so self-willed as to grant leases, out prejudice, to any estates, rights, titles, or in- with covenants for perpetual renewal, that all such terests, which shall never have been bound at law leases shall operate as a conveyance at a fee-farm or in equity by the lease in perpetuity.”

rent, at the rent reserved, increased by one-seventh This is an awkward mode of expression; and the of the renewal fine. act, in the subsequent sections, is tediously and un We would suggest, as the most effectual extin. necessarily minute in defining what interests are guisher of such leases, the omission of that part of not to be affected, or what changes are to be the section which gives the landlord the onewronght by the conversion of the quality of the seventh of the fine. estate.

The framers of the statute have been sufficiently A few expressive words, that no existing rights gallant to provide expressly that the right of dower were to be displaced, and that subject thereto, and shall attach upon lands when once converted to fee to the computed rent, the estates created were to farins. have all the incidents of estates in fee, would be On the whole, the measure has been carefully simpler and better, with the exception of one very drawn, but we think it capable of, and that it would proper and important provision that owners of be improved by, abridgment. We trust soon to the rent may recover in ejectment, This, we see it amongst the acts of 1849, and shall accept it think, could, with great benefit to the community, as a measure of usefal law reform. be extended to cases of fee farm grants, whether created by conversion under the statute, or by the original conveyance. The decision of Pluck v. The case of Fulton v. Farran, reported in a Digges, though no doubt very sound in point of former number, p. 66, has satisfactorily establaw, was very injurious in point of practice. lished the practice, that after a charging order

The 20th section of the bill is as follows_“That has been obtained and made absolute upon a fund every fee-farın rent made payable under the provi- in court, the creditor can obtain the funds so sions of this act shall be recoverable by all or any of charged by motion, and without the necessity of the ways, means, or remedies, which, according to filing a bill. The summary jurisdiction of the any law or statute now in force in Ireland, or here- court will, however, only be applied in those cases after, is, are, or shall be provided for the recovery of where the right of the creditor is clear--at least, any rent service reserved upon any lease for life, the principal case only goes to that extent; but it or for years, executed by any landlord or person is probable, the practice having been once estaseised in fee simple, and subject to all the like blished, the jurisdiction will in simple cases be exrules and regulations by statute or otherwise, any tended still further, and be applied to those where law, usage, or custom to the contrary notwith- there are several creditors and no contest as to standing."

rights. There does not appear to be any difficulty, The act gives a right of redeeming after judg- in such instances, in either making the order for ment in ejectment, and execution executed, to the payment, or having a sub-allocation report of the owner of the fee-farm within six months, or to the priorities and charges of the creditors upon a parowner of an inferior fee-farm, or the owner of the ticular fund, which they have charged under the lands out of which the rent is payable, within nine statute. months; and in the event of such redemption The decision is one obviously of much practical being made by such last-mentioned parties, or a importance, even without regard to its capability inortgagee, or other person now entitled to redeem of extension, and restores the rule made by the under the ejectment statutes, declares that all sums present Chief Justice when Master of the Rolls, of money so paid shall be the first charge, not only in Burke v. Burke, (7 Ir. E. R. 174,) the authoupon the estate or interest of the person making Irity of which, it was feared, had been shaken by the

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