either wholly or to the extent to which the same shall be so discharged, become vested in the official manager. 30. That when any order shall have been made on petition, by direction of the Court of Bankruptcy, for winding up under this act the affairs of any company, all the estate, &c. of the bankrupt company for the time being, vested in the assignees in bankruptcy shall, upon the appointment of an official manager, unless otherwise provided by the order absolute, become absolutely vested in such official manager, together with all the powers an official manager might exercise in any matter instituted under this act in which the company had not become bankrupt. 31. That until the issuing of any general orders by this act authorized to be made, the practice of the court with respect to receivers and managers of partnership estates shall, subject to the provisions of this act, and to any special orders or directions relative to the official manager, with respect to any particular company, (and which the court and the master are hereby authorized to make,) apply to every official manager under this act. 32. That the court may allow remuneration, by way of percentage or otherwise, to the official manager, and to any receiver to be appointed as herein-before provided, and increase or diminish same. 33. That the official manager, with the approbation of the master, may employ, and from time to time dismiss an attorney or solicitor. 34. That the official manager shall proceed, under the directions of the master, in the making up, continuing, completing, and rectifying the books of account of the company, and in providing and keeping all other books of account necessary for showing the debts and credits of the company, including a ledger, which shall contain the separate accounts of the contributories, (and in which every contributory shall be debited with the amount payable by him in respect of any call to be made as hereby provided,) and in balancing such books and accounts of the contributors, in getting in, and converting the estate and assets, and winding up the affairs of the same company, in paying the debts as herein provided, and in dividing and distributing the surplus assets of the company amongst the parties entitled, and in bringing before the master all questions necessary to be determined and settled in order to the winding up of the affairs of the company; and the official manager shall, without the necessity of any proposal in writing, take the directions of the master with reference to all proceedings necessary to be taken for the complete winding-up of the affairs of the company. 35. That the accounts of the official manager and receiver if any, shall be passed before the master, and vouched as he shall direct; and that the contributories shall only be at liberty to surcharge and falsify such accounts. 36. That the official manager shall make, in books provided by him for that purpose, true entries of all matters and proceedings in the winding-up the affairs of the company; and such books shall be kept in the custody of the official manager, and shall on all occasions on which the master is required to proceed in the matter of such company be produced before the master. 37. That upon any order absolute being brought before the master for consideration, he shall, after insertion of the advertisement relative to the appointment of an official manager, determine what parties shall attend him in the proceedings under such order absolute; and the master may direct any other contributories to attend him, and the master, with the consent in writing of the majority in number and interest, of the persons to be represented, may appoint and remove any contributories to watch the proceedings of the liquidation, as representatives of the contributories in general, or such as the master shall be of opinion ought to be so represented and all the proper parties shall in manner hereinafter mentioned be served with notice of all proceedings before the master and the costs incurred by all such parties, except so far as the master shall otherwise direct, shall be part of the general costs of winding up the company under this act. 38. That all contributories shall, at their own expense, receive notice, as the master shall direct, the proceedings in the matter of the dissolved company, and at their own expense may attend the proceedings; and any contributory may, at his own expense, submit any proposal before the master in relation to the affairs of such company. 39. That if any contributory shall be an idiot or lunatic, he shall be entitled to attend, and shall be sufficiently re presented by his committee; and if any contributory shall be a minor, he shall be entitled to attend, and shall be sufficiently represented by his father or guardian, or by his mother, or next friend to be appointed by the master: provided that the master may appoint a guardian of any contributory being a minor, or a representative of any con tributory being a lunatic, but not found so by commission for the purposes of any winding-up under this act. (To be continued.) LE EGAL AND HISTORICAL DEBATING SOCIETY. ESTABLISHED 1845. The Members are requested to take notice, that the Meetings of the Society have been ADJOURNED (for the Christmas Recess) to FRIDAY, the 12th day of JANUARY, 1849. SUBJECT FOR DEBATE. "Can a Judgment Creditor, proving under a decree, avail himself of the precedency of a Creditor's suit, instituted after the passing of 3 & 4 W. IV, c. 27, to save his demand from the operation of that statute?" Barristers, Law Students, and Graduates of the Universities of Dublin, Oxford, and Cambridge, are eligible for admission. Members who have changed their residences, or who have friends to propose, are requested to communicate with the Secretary. JOHN NORWOOD, Esq. 11, Nelson Street. H. MORRISON, HAT MANUFACTURER, 17. WESTMORELAND.STREET, INVITES the attention of Gentlemen to his large Stock of French Hats. He would particularly recommend for Winter wear his FRENCH VELVET HAT at 12s 6d., which for Gentlemanly appearance and durability cannot be surpassed by any other house in the City. Best Velvet Hat made 18s. TROWSERS.-The numerous testimonials received by JAMES O'DRISCOLL in approval of the elegance, case, and peculiar style of his Trowsers, and likewise the very flattering patronage bestowed on him by the higher classes of society, induces him to apprise his patrons, and those gentlemen who have not hitherto honored him with their orders, 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 Trow. sers Cutter having been fully tested in the first houses of the British me. tropolis, he is therefore fully qualified to produce an article in this depart. ment of Tailoring, that cannot be excelled in London or Paris, JAMES O'DRISCOLL, Professed Trowsers Maker, 9, ANGLESEA.STREET. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Name and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications-nor will the Editor be accountable for the return of Manuscripts, &c. Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL LEGE GREEN, or by letter (post paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication. TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 178. Quarterly, 98. Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45, FLEET STREET, in the Parish of St. Andrew, and published at 15, COLLEGE GREEN, in same Parish, by EDWARD JOHNSTON City of Dublin. Saturday, December 30, 1848. MILLIKEN, residing at the same place, all being in the County of the Erish Jurist No. 10.-VOL. I. JANUARY 6, 1849. PRICE fer Annum, £1 10s. Somber, 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 :— DUBLIN, JANUARY 6, 1849. Court of Exchequer Chamber.. Queen's Bench, includ- JOHN BLACKHAM, Esq., and JOHN T. BAGOT, Esq., and Barristers-at-Law. CHAS. H. HEMPHILL, Esq., and risters-at-Law. ROBERT LONG, Esq., Barristerat-Law. last session was introduced a bill, to "convert the renewable leasehold tenure of lands in Ireland into a tenure in fee." 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 legal interest thus created was a mongrel, and no one will regret its extinction, or, rather, conversion into a known and legitimate mode of tenure. There was an uncertainty about the interest that was exceedingly uncomfortable to the lessee; for him, lives always dropped inopportunely, whilst to the landlord they appeared perfectly patriarchal. Forfeitures were incurred, that could only be relieved against by tenantry acts and courts of equity; or, if not, fines swelled to enormous proportions, being increased beyond all natural limits by a septennial computation which we never could well understand, with the addition of all possible kinds of interest. But, nevertheless, leases for lives renewable for ever were favourites. Landlords were proprietors of large tracts, and had no duties to perform, or responsibilities to fulfil. The very uncertainty of the tenure lent them a charm to the lessee; the selection of an octogenarian was interesting to the natural land-leased philosopher, who became as knowing in discerning men of longevity and long-lived families, as in the points of a horse; the words, renewable for ever, fell pleasantly upon the ear-demi-landlordism arising from an estate which, though dead, was yet of its own inherent nature, capable of resuscitation whose animation, though long suspended, was yet susceptible of renewed life and vigour. It was something more than equivocal generation, electricity, or galvanism—a discovery in law unattainable in other sciences. It led, too, to a numerous offspring of sub-infeudations; lessees were generous, and granted a term as good as their own to sub It ¡ It was withdrawn, but only for the Session, We purpose to give an outline of the way in which this important change in the law is to be effected. The bill proposes to convert all tenures of ejectment suits, arising merely from the relation of landlord This is to be understood as applying to replevin or and tenant. In Pluck v. Digges (2 H. & Br. 21, S. C. 5 Bligh P.C., N. S. 31) it is apprehended the replevin was not maintainable, if the avowry had been special, (there being a clause of distress in the lease to the plaintiff,) and not the tenant, which it was decided did not exist in that case. common avowry, arising from the relation of landlord and In a case, argued in the Conrt of Exchequer in Ireland, in Trinity or Michaelmas Term, 1844, similar in facts to that of Pluck v. Digges, except that the action was in ejectment and not replevin, which, much to the loss of the profession, has never been reported, and the name of which, we believe, Pennefather, B., and Richards, B., that there must be a rewas Lessee Porter v. Welsh, it was held by Brady, C.B., version, in the absence of any express covenant to entitle the landlord to his action of ejectment. Lefroy, B., after a masterly review of the authorities, in a judgment that to our mind then appeared conclusive, held that there was a common law right of entry, consequently that the action was maintainable, but that he was bound by the decision of the House of Lords in Pluck v. Digges, the nature we have described into fee-farms, adding to the rent the probable average amount of the renewal fines. The machinery by which the conversion is to be made, is the following:-The owner of a lease in perpetuity petitions the Court of Equity Exchequer, who by side bar rule refer the matter to the Chief Remembrancer, who is empowered to give notice to all persons interested in the lease, and, having ascertained its terms, to compute the yearly average of the renewal fines, which computed average is to become the amount of the feefarm rent. All under-lessees in perpetuity are to have notice of the proceedings, and may, within one month after notice, come into the office and acquire a fee-farm tenure in the lands comprised in their under-leases. When the Chief Remembrancer's Report has been confirmed-it may be varied on motion without taking exceptions-the leasehold interests, whether legal or equitable, shall be enlarged into a legal estate or estates of inheritance in fee, subject to the fee-farm rent included in the Report, and subject also, "and without prejudice, to any estates, rights, titles, or interests, which shall never have been bound at law or in equity by the lease in perpetuity." This is an awkward mode of expression; and the act, in the subsequent sections, is tediously and unnecessarily minute in defining what interests are not to be affected, or what changes are to be wrought by the conversion of the quality of the estate. A few expressive words, that no existing rights were to be displaced, and that subject thereto, and to the computed rent, the estates created were to have all the incidents of estates in fee, would be simpler and better, with the exception of one very proper and important provision-that owners of the rent may recover in ejectment, This, we think, could, with great benefit to the community, 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. Digges, though no doubt very sound in point of law, was very injurious in point of practice. The 20th section of the bill is as follows-"That every fee-farm rent made payable under the provisions of this act shall be recoverable by all or any of the ways, means, or remedies, which, according to any law or statute now in force in Ireland, or hereafter, is, are, or shall be provided for the recovery of any rent service reserved upon any lease for life, or for years, executed by any landlord or person seised in fee simple, and subject to all the like rules and regulations by statute or otherwise, any law, usage, or custom to the contrary notwithstanding." The act gives a right of redeeming after judgment in ejectment, and execution executed, to the owner of the fee-farm within six months, or to the owner of an inferior fee-farm, or the owner of the lands out of which the rent is payable, within nine months; and in the event of such redemption being made by such last-mentioned parties, or a mortgagee, or other person now entitled to redeem under the ejectment statutes, declares that all sums of money so paid shall be the first charge, not only upon the estate or interest of the person making default, but also upon the inheritance of the rent, save only where charges are created under the Drainage Acts. This unequivocally establishes the right of salvage, which would, we think, be otherwise open to some doubt. In Angell v. Bryan (2 Jon. & Lat. 763), Sir Edward Sugden, C., decided that a person who had advanced money to pay rent, and then took a mortgage of the land for the amount, was not, as a salvage creditor, entitled to any priority: in Burroughs v. Molloy (Id. 521), he held a similar opinion with respect to advances by a mortgagee. In Brice v. Montgomery (Wallis, Rep. Lyne. 325) the landlord, having advanced money to his tenant to secure the arrears of a fee-farm rent due to himself, was declared to have priority over a prior charge on the same lands. Whatever be the existing state of the law, the legislature, we trust, will, when the bill shall be again before them, carry into effect this useful provision. The 19th section provides that if persons here. after shall be so self-willed as to grant leases, with covenants for perpetual renewal, that all such leases shall operate as a conveyance at a fee-farm rent, at the rent reserved, increased by one-seventh of the renewal fine. We would suggest, as the most effectual extin guisher of such leases, the omission of that part of the section which gives the landlord the oneseventh of the fine. The framers of the statute have been sufficiently gallant to provide expressly that the right of dower shall attach upon lands when once converted to fee farins. On the whole, the measure has been carefully drawn, but we think it capable of, and that it would be improved by, abridgment. We trust soon to see it amongst the acts of 1849, and shall accept it as a measure of useful law reform. THE case of Fulton v. Farran, reported in a former number, p. 66, has satisfactorily estab lished the practice, that after a charging order has been obtained and made absolute upon a fund in court, the creditor can obtain the funds so charged by motion, and without the necessity of filing a bill. The summary jurisdiction of the court will, however, only be applied in those cases where the right of the creditor is clear—at least, the principal case only goes to that extent; but it is probable, the practice having been once established, the jurisdiction will in simple cases be extended still further, and be applied to those where there are several creditors and no contest as to rights. There does not appear to be any difficulty, in such instances, in either making the order for payment, or having a sub-allocation report of the priorities and charges of the creditors upon a par ticular fund, which they have charged under the statute. The decision is one obviously of much practical importance, even without regard to its capability of extension, and restores the rule made by the present Chief Justice when Master of the Rolls, in Burke v. Burke, (7 Ir. E. R. 174,) the authority of which, it was feared, had been shaken by the later English decisions of Sir Launcelot Shadwell and Lord Langdale. The effect of the opinion of the learned Judge in Whitfield v. Prickett, (13 Sim. 259,) and Wastall v. Leslie, (15 Sim. 45,) was, that he could only grant a stop order in the usual terms, and the same restricted operation was attributed to the English statute by Lord Langdale in Newton v. Askew, (12 Jur. 766.) In the first case no person appeared for the respondent in the petition matter; the next case was opposed, but it does not appear on what grounds; it may have been therefore that the petitioners right to the fund was disputed. It should be observed that in the last case there appears to have been a serious question of right, there being an appeal to the Lords against the judgment on which the charging order was founded; that there was also a doubt whether that particular security (redeemed annuities) was within the meaning of the act, (1 & 2 Vic. c. 110, 3 & 4 Vic. c. 105, Ir.) and further, that the question was not properly before the English Master of the Rolls, the fund not being in court. The inconvenience of adopting the English rule (if from the foregoing review of the authorities it can be affirmed to be settled there, and if settled, it arose, in a great measure, from a difference in the practice of the Equity Courts there and here; in England it not being the practice to make sub-allocations on cross motions, whilst in this country it is)—is manifest, for thus in every simple and trifling case the creditor would have been obliged to resort to the tedious and expensive process of filing a bill to establish a right which was incontestible, or admitted of no controversy. In fact, the narrow construction given to this section of the statute in England has frittered away its benefit. The summary jurisdiction by motion is more extensively used in this country, and to the benefit of the suitor. The creditor obtains relief speedily, the funds are less burdened with costs, which is no small benefit likewise to the honest debtor. All that a Court of Equity wanted was to get the fund under its dominion; having attained that, it knew how to distribute it. What purpose was gained by rendering it necessary to file a bill to establish an Equity which was already settled? It is satisfactory that the practice of our Equity Courts does not clash with the true and broad construction of the act; and we were anxious promptly to call the attention of the professions to a decision which places this branch of the law on its proper basis. Lessee Walker and another v. Lessee Danckert and others Carmichael v. Waterford and others v. Jeffrey, Martin and another v. Barry, Neville v. Murphy and others, Mahony v. Foley and another. Common Pleas. Motions standing over. New trial motion. Reynolds v. Falkiner. Exchequer of Pleas Demurrers. Banfield v. O'Shaughnessy, Bunton v. Lowny, Hogg v. Garrett, others. Coffee v. Nagle, Booth v. Dub. Dundrum, Doyle v. Callow, and Rathfarnham Railway Freel v. Trant, 40. That every party who shall attend before the master state to the master whether he appears in person or by solicitor; and if in person he shall state his name and address, and if by solicitor the name and address of his solicitor, and also any new solicitor; and same shall be entered in the master's book of proceedings; and notice of all proceedings shall be sufficiently given by service upon the party or upon his solicitor. 41. That if the proceedings before the master, not being proper to be taken by the official manager, shall not be prosecuted with due diligence, or if for any reason it shall appear advisable, the master, upon the application of any contributory, may commit to him the further prosecution thereof; and if any official manager shall not prosecute the proceedings with due diligence, any contributory may apply to the master, who shall give necessary directions, and remove, if he think fit, such official manager. 42. That after any order on petition under this act, the death of the petitioner or party shall not abate the proceeding; but the Court and the master, after an order absolute brought in before him, upon the application of any party interested, supported by evidence, and if made to the court by way of motion, may direct that the further prosecution of the proceedings to be committed to such party as the master shall think proper; and the costs of such application, and of the deceased party, shall, if the court or master so direct, be part of the general costs of winding up the com. pany under this act. 43. That all proceedings before the master under this act shall be proceeded in, not by state of facts and proposal, but by proposal in writing, or as the master shall direct, to be supported, if need be, by evidence: provided that the master may direct the parties before him to proceed by a state of facts in writing. 44. That the master may dispense with any warrants under the order of reference, and direct any warrants to be taken out and prosecuted before him, and fix the time at which same shall be returnable, or any proceeding shall be taken, and proceed de die in diem. 45. That the master may, with or without notice to any party, adjourn proceedings before him under this act, either de die in diem, or to any other time and place to be fixed by the master. 46. That the master may order the advertisement in the London Gazette or otherwise, or the service on any person as he shall think fit. 47. That the master shall, on request of any party interested, give certificates of any decisions or matters transacted in the winding up of any company under this act. 48. That, subject to the controul of the master, all contributories shall be entitled, without fee, to inspect all the books of the company, or of the official manager or receiver, and to take copies or abstracts thereof. 49. That as between the contributories the books, &c. of the company, until the order absolute, and of the official manager or receiver after such order, shall be primâ facie evidence of all matters therein contained. 50. That after the appointment of any official manager all actions, and proceedings at law or in equity, by or on behalf of the company, shall be commenced and prosecuted by the official manager by the style of "the official manager" of such company, (describing it as in the order absolute,) as the nominal plaintiff, and that all debts against the estate of any bankrupt or insolvent debtor to the company shall be proved by the official manager, and that all actions, suits, and proceedings at law or in equity, to be instituted by any persons, whether contributories or otherwise, against such company, shall be instituted and prosecuted against the official manager (by such style and designation as aforesaid). 51. That all indictments and prosecutions on behalf of such company, for any stealing or embezzlement of any money, &c., or other property of such company, or for any fraud &c., or offence against such company or the property thereof, whether same have taken place before or after his appointment, shall be carried on by the official manager; and in all such indictments, &c., it shall be sufficient to state the money, &c. of such company to be the money or property of the official manager by such style and designation as afore said; and any forgery, &c. committed against such company shall in such indictment, be laid or stated to have been com. mitted against the official magager of such company, by such designation as aforesaid; and any such offender may there. upon be lawfully convicted; and in all other allegations or proceedings, in which it otherwise might be necessary to state the names of the persons composing such company, it shall be sufficient to state the style and designation of the official manager. 52. That where any action or proceeding shall be pending against the company or the nominal defendant on behalf of such company, the plaintiff may substitute the official mana ger as the defendant by entering a suggestion on the roll to that effect in such action, and by obtaining in such suit an order on motion or petition, without notice, and the plain. tiff may prosecute same against the official manager, and have the same benefit of any order, &c. obtained, as if such action, &c. had been commenced against the official mana. ger as defendant under this act. 53. That where any action, &c. shall be pending on behalf of the company, or by any member or contributory suing in the name of himself and the other members or contributories, such plaintiff may substitute the official manager of the com pany as the plaintiff, by entering a suggestion on the roll in such action, and by obtaining an order in such suit, to be obtained on motion or petition without notice, and the offcial manager may thenceforward prosecute such action, &c. as if same had been commenced by the official manager under this act. 54. That the death, resignation, or removal of the official manager shall not abate or prejudice any action or proceed. ing under this act. 55. That the official manager may, under the direction of the master, compromise any right or demand which the company may have against any person, and to which the company may be liable, and also any action or suit brought by or against the official manager on behalf of the company, and also submit to arbitration any dispute affecting the estate, rights or liabilities of the company, and upon any award, perform and give effect to same. 56. That all orders and decrees made in any suit in any court of equity against the official manager shall have the like effect upon and against the property of the company, and the persons and property of every contributory as if same had been made against the company, or the nominal defendant on behalf of same, or as if every contributory were before the court as a party to such suit; and the court by which same shall have been made, may direct that such decree against such official manager be enforced against every contributory or class of contributories, to the extent of their legal or equitable liabilities, and upon order for that purpose upon motion ex parte, but in open court, such decree shall, after seven days notice to the person sought to be charged, be enforced and executed accordingly. 57. That all judgments in any action at law against the official manager shall have the like effect against the property of such company, the persons and property of the contribu tories, and shall be enforced in like manner, as if such judg. ments had been entered up against such company, or against any person authorized to be sued on behalf of the same. 58 Provided that except as is by this act provided, no. thing in this act nor any petition or order for the dissolu. tion and winding-up or for the winding up of any company, shall extend, alter, or affect the rights of creditors, or other persons, or the rights of creditors being contributories, but being creditors of the company upon a distinct and independent account, whether against the company or against any of the contributories, nor the rights of the company against any contributories or other persons, nor any contracts of |