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petition by an incumbrancer on land, under the second sec- shall disallow same, and shall allow such sum for costs, not ion of the act, having possession of the title deeds and exceeding five pounds, to the person filing such traversing writings relating thereto, for the sale of such land; or óthly, note, as the said master shall think fit, such sum so allowed petition by the owner of a lease who has contracted for the for costs to be added to his demand; and if the person ale thereof, under the fourth section of the act; or 6thly, served with such traversing note shall file a charge on foot petition by the owner of a lease, under the fourth section of his claim, the party filing such traversing note (but no of the act, who has not contracted for the sale thereof; or other person without the leave of the master) shall be at 7thly, petition by the first incumbraneer on a lease, under liberty to file a discharge thereto; and such proceedings the fourth section of the act, for the sale thereof; or 8thly, shall or may be taken on foot of such charge and discharge, petition by an incumbrancer on a lease, under the fourth as are in such cases usual and if the charge so filed shall be dissection of the act, having possession of the title deeds and allowed by the master, the person filing such charge shall writings relating thereto, for the sale of such lease. be liable to pay to the person by whom the said traversing

8. It is further ordered, [in order to diminish the costs note shall have been filed, his costs, properly and necessarily and expenses of proceedings in the master's office,] that incurred in disputing such claim; which costs the taxing where a petition shall be presented by the owner of land or master shall tax and certify without any order of the court, of a lease, under the second or fourth sections of the said upon a certificate signed by the master of the disallowance act, (whether the said owner shall or shall not have pre- of such charge; and if the master shall allow the charge so viously contracted for the sale thereof,) and where an order filed, the person by whom such traversing note shall have of reference shall be made upon said petition, referring it been filed shall pay to the person whose charge shall be so to the master (amongst other things] to take an account of allowed his costs, properly and necessarily incurred in the incumbrances and charges affecting the said land or establishing such claim; and which costs the taxing master lease, that the master shall, without any charge or discharge shall tax and certify without any order of the court, upon being filed, report the several sums stated to be due for a certificate signed by the master of the allowance of such principal and interest in the second schedule to the said peti- charge : provided, always, that the master shall be at liberty tion; and also the arrear (if any) stated to be due upon the to name any sum to be paid by either of the said parties ad charges therein also mentioned, to the several parties res- and for the costs without taxation: and it is further orderes pectively in whom the said incuinbrances and charges shall that if any party filing a charge under the said order of be stated to be vested, together with any additional inte- reference, shall claim any incumbrance or charge specified rest or arrear which may accrue before the signing of the in said schedule, or any right, share, or interest therein, report, unless so far as any error shall be established in said and shall dispute the right of the person in whom it is stated schedule, under the circumstances herein-after stated that in said schedule that the said incuinbrance or charge is is to say

vested, either in the whole or in part, it shall not be necesIst.–Any person in whom it is stated by said schedule sary in such case to file any traversing note—but the perthat an incumbrance or charge is vested, shall be at liberty son in whom it is stated by the schedule that such incum. to file a charge for the purpose of correcting any error in brance or charge is vested, shall receive notice of such said schedule, either in respect of the amount of principal charge, and he shall thereupon be at liberty to file a disor interest stated to be due on such incumbrance, or in res- charge to such charge--and the master shall decide the pect of the arrear stated to be due on foot of such charge ; rights of the said claimants, and make up his report thereon or in case the said incumbrance or charge is not vested ab- accordingly, and shall make such order as to the payment solutely in the person stated in such schedule, or if any of costs by the one claimant to the other as he shall think fit; other person or persons is or are entitled to any estate, and the taxing master shall tax said costs without any order share, or interest therein, or if the said schedule shall be in of the court for that purpose, upon the certificate of the any other material particular inaccurate in relation to said said master: provided always, that it shall and may be lawincumbrance or charge, a charge may be filed to correct ful for the master to name any sum to be paid by either of such error; and if it shall appear to the master that it was said parties as and for the costs without taxation-provided necessary and proper to file such charge for the purpose of also, that it shall be lawful for the said master, if he shall correcting an error in said schedule, he shall in his report so think fit, and if it shall appear that the schedule to the correct such error accordingly, and shall be at liberty to petition was erroneous in stating the name of the person in allow a sum not exceeding five pounds to the said person whom the incumbrance or charge was vested, to direct that for the costs of filing such charge ; but if the said schedule a sum not exceeding five pounds shall be paid by the owner was correct, and the charge unnecessarily filed, such person of the land or lease to whichever of the said claimants the on whose behalf such charge shall be filed, shall pay to the master shall direct; such costs to be added to the demand petitioner such sum for costs, not exceeding five pounds, as against the said owner, or otherwise paid as the master the master shall direct; which sum shall be deducted from shall direct and credit shall be given for such sum out of his demand, or paid to the petitioner as the master shall costs awarded as between the claimants, if the master shall direct. provided always, that in case the said charge shall so direct: and it is further ordered, that the said traversing be contested, the master shall be at liberty to allow such note shall be to the following effect, having regard to the additional sum beyond five pounds, in the cases aforesaid, circumstances of each case, that is to sayas he may deem reasonable.

In the matter of the act to 7 A B. a person whose name 2nd. Any person in whom it is stated by the said schedule

facilitate the sale of in- is included as an incumbrancer that an incumbrance or charge is vested, or any person cumbered estates in Ire. [or having a charge] on the whose name, or whose charge or incumbrance is not stated

land,

land (or lease] in the schedule in such schedule, who shall file a charge on foot of any in

Ex-parte

to the petition mentioned; or cambrance or charge, save in the case hereinafter-mentioned, provided such charge so filed shall be allowed by the (Name the petitioner in A. B. a person who has filed a

matter.] charge under the order of master; and any other person having any estate or interest in such land or lease, with the permission of the master, reference in this matter, and whose charge has been allowed; shall be at liberty (in case such person disputes the right of or A. B. a person having an interest in said land (or lease] any party whose name is specified in the schedule, or the with the permission of the master, [as the case may be.] sum stated to be due to such party] to file in the master's disputes the claim of C. D. in the second schedule to the office a traversing note, to the effect herein-after stated_ petition mentioned, either wholly or in part, [as the case and thereupon a copy of such traversing pote shall be served may be,) and requires the said c. D. to file a charge and by the party who shall have filed same upon the party in

establish same. whom it is stated in such schedule that the said incumbrance

9. It is further ordered, that if any person who shall be or charge is vested; and in case the party upon whom such entitled to any charge, not being an incumbrancer, within traversing note shall be served, shall not, within one month the meaning of the said act, [including any such apportioned after such service, or such further time as the master shall charge as in said act mentioned,] shall be willing under the allow, file a charge on foot of his said claim, the master provisions of the twenty-second section of the said act, to

accept a gross sum in satisfaction of such charge, and shall

file a charge under said order of reference for such purpose, shall

, instead of requiring all persons having incumbrances and if the master shall include in his report such charge as an to come in and prove their demands, require all incumbras

. incumbrance under the provisions in such section, it shall cers and persons having charges to proceed in the manner be lawful for the master to allow such sum, not exceeding directed by the eighth

general order herein-before set forth; five pounds, for the costs of such charge, as the master and in case the master shall cause any notice to be served

, shall think fit ; provided, always, that in case said charge under the 16th section of the said act

, upon any person in shall be contested, the master shall be at liberty to allow whom it shall be stated, in the second schedule to the said such additional sum beyond five pounds, as he may deem petition, that an incumbrance or charge is vested, stea reasonable

person shall not be entitled to any costs of appearing before 10. And it is further ordered, that if any incumbrancer, the master in pursuance of such notice, other than suck or person having a charge to whom an arrear on foot of such costs as are provided for by these general orders, unless charge is due, shall claim priority over any other charge the court shall otherwise direct. or incumbrance, prior in point of date, under the provisions of 15. It is further ordered, that in every report to be made the act for the registry of deeds, or the act for the registra- by the master under any order of reference under the said tion of judgments, or upon any other ground, such person act, the master shall state, in a schedule to his said report, shall be at liberty to file a charge for the purpose of claiming the number of meetings which have taken place under the such priority, if such priority shall not appear in the second said order of reference, and the dates of such meetings, schedule to such petition; and shall in such case be entitled

MAZIERE BRADE, C. to such costs of proving such claim, not exceeding five pounds

T. B. C. SMITH, M. R. as the master shall direct: provided, always, that in case said charge shall be contested, the master shall be at liberty to allow such additional sum beyond the five pounds as he LEGAL AND HISTORICAL DEBATING SOCIETY. may deem reasonable ; and provided also, that the costs of any discharge which may be filed to such charge by any 'No. 45, MOLESWORTH STREET, on FRIDAY EVENVING NEXT,

A Meeting of the Members of this Society will be held in their Rome other incumbrancer shall not be borne by the owner of the the 20 February. Chair to be taken at Eight o'clock precisely. land or lease.

SUBJECT FOR DEBATE 11. And it is further ordered, that where the owner of " Will an action of Covenant lie against the heir at law, and deliggen et land, or of a lease shall present a petition under said act, and the Covenantor for breaches occurring subsequently to his death? I W.

c. 47; 3 Ad. & E 839." such owner shall be only tenant for life, or have some other

Barristers, Law Students, and Graduates of the Universities of Dublin, limited interest therein, and where from the disability of the Oxford, and Cambridge, are eligible for admission. party entitled in remainder, or for any other cause, the mas Members who have changed their residences, or who have friends to ter shall so think right, it shall be lawful for the master to propose, are requested to communicate with the Secretary. direct a charge to be filed by any person, in whom it is stated

JOHN NORWOOD, Esq. 11, Nelson Street by the second schedule to the petition, such charge or incumbrance is vested ; and to require such proof as to the said TO BE SOLD.; the FURNITURE of a LAWYER'S incumbrance or charge as he may think right; and to allow person furnishing, could purchase the above on advantageous terint. such costs for such charge, and for proving same, as the Address X. Y., Office of the Irish Jurist. master shall think reasonable, in case same shall be proved to his satisfaction.

PORTFOLIOS FOR THE IRISH JURIST, 12. And whereas, if the petition by the owner of land, THE Publisher begs to inform Subscribers that the above or of a lease, under the second or fourth sections of the said

are now prepared, and will contain the numbers published during act, be properly prepared, as herein-before directed, the

These Porfolios are recommended for the convenience of preserving expense of filing a charge thereunder, for the purpose of the Work, and for the facility they will afford for reading and reference again stating the uses and limitations, or trusts, if any to previous to binding Price 28. each

EDWARD J, MILLIKEN, 15, COLLEGE GREEN, which said land or lease is subject, or for the purpose of any of the other enquiries directed by the order of reference, will be unnecessary-it is further ordered, that no charge

J A ,

PROFESSED TROWSERS MAKER, shall be filed for any such purposes, under said order of re

9, ANGLESEA.STREET. ference, unless the master sliall otherwise direct; and if the master shall direct a charge to be filed, it shall be confined to such matters as the master shall direct ;-and it is IRISH MANUFACTURE INDIAN

RUBBER BLACK.

ING, Manufactured by RICHARD KELLY, Boot Maker, 16, COL. further ordered, that the master shall be at liberty, if he LEGE.GREEN, Dublin, shall consider that the petition sufficiently sets forth and

It makes the Leather soft, pliant and even Waterproof, sold by the puts in issue the documents and other matters necessary to

Bootmakers and Grocers through the City, in Bottles at 4d, Bd, and is, each;

N.B.--Country Shopkeepers treated with on the most Liberal Terms. be proved under the order of reference, to proceed to make

Portobello, March 31st. the enquiries directed by said order upon a summons, with Sir, out any charge being filed; and if the master shall direct I have examined your Indian Rubber Blacking, and find it made of

those materials which are most proper for such a composition. It has some such charge to be filed, no costs thereof shall be allowed to advantages in use not possessed by similar articles of manufacture; the solicitor as against the petitioner, unless the master shall susceptible of a very high polish, it does not soil, and its permanent effect otherwise direct.

on the leather is of a beneficial character.

" THOMAS ANTISELL, 13. It is further ordered, that if proceedings shall be * Mr. Kelly, College-green.

Lecturer on Chemistry." taken before the master upon such petition without a charge being filed; the petition shall be considered as a charge, for the purpose of entitling any person to file a discharge to the Editor, with the Publisher, E. J MILLIKEN, 15, COLLEGE

All communications for the IRISH JURIST are to be left, addressed to such petition, who would have been entitled, according | GREEN. Correspondents will please give the name and Address, as the to the practice in the master's office, to file such discharge if a columns of the paper cannot be occupied with answers to Anonymous

Communications nor will the Editor be accountable for the return of charge had been filed; and where said petition shall be pro- Manuscripts, &c. ceeded on as a charge, all general orders of the Court shall be applicable to the proceedings on such petition as would LEGEA REEN, or by letter (post paid), will ensure its punctual deliver

Orders for the IRISH JURIST left with E, J, MILLIKEN, 95, COL. be applicable to proceedings on a charge.

in Dublin, or its being forwarded to the Country, by Post, on the day of 14. It is further ordered, that where a petition shall be publication. presented by the owner of land, or of a lease, under the TERMS OF SUBSCRIPTION-(payable in advance): second or fourth sections of the said act, (whether the said Yearly, 30s. Half-yearly, 178. owner shall or shall not have previously contracted for the sale thereof,] and an order of reference shall be made

Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 4, thereon, [the advertisement which the master shall cause to FLEET-STREET, in the Parish of St. Andrew, and published sofos be published under the fourteenth section of the said act, GALLEREN, Fericing at the same place. "X11 being in the County of the in addition to the matters directed by the said section,] City of Dublin. Saturday, January 27, 1849.

the year.

Quarterly, 9.

THE

Irish Jurist

No. 14.-Vol. I.
FEBRUARY 3, 1849.

PRICE

SPer 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 :
Court of Chancery, in-
ROBERT LONG, Esq.,

Court of Exchequer

JOHN BLACKHAM, Esq., and and cluding Bankruptcy Jons Pitt Kennedy, Esq.,

Chamber........

A. HICKEY, Esq., Barristers-atBar

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

Queen's Bench, includ- FLORENCE M'CARTHY, Esq., and WILLIAM BURKE, Esq., and ing Civil Bill and Re- SAMUEL V. Peer, Esq., Rolls Court.....

Esq.,

gistry Appeals..... Barristers-at-Law. Barristers-at-Law.

Exchequer of Pleas, in- ( Coas. H. HEMPHILL, Esq., and CHARLES HARE HEMPAILL, Esq. cluding Manor Court WILLIAM HICKSON, Esq., Bar

and Equity Exchequer.....

risters-at-Law.

and Registry Appeals.
WILLIAM HICKSON, Esq., Bar-
risters-at Law.

Common Pleas...

| ROBERT GRIFFIN, Esq., Barris{

ter-at-Law.

DUBLIN, FEBRUARY 3, 1849. already pointed out some of our reasons for arriving

at this conclusion.

We understand the first five of the General A considerable portion of the present article was incumbrancer or owner. No. I directs every peti

Orders to apply to every petitioner, whether he be prepared for last week's publication, but was tion to be verified by affidavit. Now, a plaintiff in obliged to be held over from want of space. It an Equity suit is not required to do this on filing was our intention to have presented, in the same his bill. Whether it would be a better principle number, our view of the probable working of the that he should be obliged to make such an affidavit, Act for the Sale of Incumbered Estates, now that is not the present question ; but the non-necessity the General Orders have rendered it complete.

for doing so is certainly a privilege, and in favour Believing that the professions would find those of a plaintiff. He is allowed to ransack and lay General Orders useful, we had directed them to naked the heart of the defendant-to file fishing be printed in extenso. Unfortunately, the com bills—to put his case in every imaginable form of positor, after they had been corrected, when language that the ingenuity of his counsel may arranging the matter into pages, transposed some devise to make positive assertions for the purpose lines in page 93, which made the first two para- of discovery, and even, if maliciously inclined, graphs of that page unintelligible, and, when dis- literally to torture his opponent by searching incovered, there was no time to amend the mistake terrogatories, whilst he himself has the privilege of without delaying the publication of our last num- being a non-juror. Wherever, then, there is a ber, to the disappointment of our subscribers.

question to be litigated, or likely to be in any way We regret that this error was committed, and, disputed, or in which the rights of an incumbrancer as the best amende in our power, will present them

can be facilitated by the answer of a defendant, with a corrected copy, which shall be forwarded to the incumbrancer will still adhere to the old each on Monday next.

practice. We would ask them to remember, that at the

General Order No. 2 requires that the deponent outset of the career of every man, and every pub, shall depose not only to the truth of the several lication, there are difficulties to be overcome, and matters in the petition, but to the absence of their early struggles to be borne, and on this occasion to being any person having any estate or interest, or award to us a generous and kindly indulgence.

any incumbrance or charge on the land or lease, Some three months ago, we stated our opinion other than the persons named in the petition; and that very few sales would be made out of the Court in the third order, which applies solely to incumof Chancery under the Incumbered Estates Act, brancers, the petitioner is directed to state the uses and we still believe that opinion to have been cor- or limitations, and the trusts to which the land rect. With reference to sales by order of the court, stands limited (in fact, the order must have directed the act presents two very different aspects ; when this, the act having previously done so), and the viewed with respect to incumbrancers, its operation name of any person who, to the knowledge or is limited precisely to that class least likely to belief of the petitioner, has any estate or interest resort to it; and we adhere to our opinion, that so in the lands or lease in the petition mentioned, but long as they have the power of selecting their the petitioner is not to be allowed any costs or equitable remedies, they will prefer the beaten expenses for searching the registry. track of filing bills, via trita, via tuta. We have The fourth order applicable to incumbrancers,

directs a statement that the schedule to the petition such petitioner was not a person authorized by the annexed contains a true and correct list of all incum- statute to present such petition. brances and charges, and the names of the several We suspect few incumbrancers will like to give persons entitled thereto, and the sums due thereon, this undertaking, which implies, too, a doubt of and that there is not, to the knowledge or belief of the power of the court to make any order it thinks the petitioner, any incumbrance or charge, save just. Suppose an incumbrancer, who believes those set forth in the schedule. The petitioner is, himself the first, presents his petition, and suppose however, not to be allowed any costs for searches. the owner of some charge, which has lain dormant This and the preceding provision, as to costs, are so long as to have been believed extinct, suddenly not to apply to any searches which may be directed to start from his fabled slumber into living existby the Master to whom the petition may be re-ence, and be reported the first creditor ; in such ferred. Now, an immensity of trouble is thus case would the petitioner be a person authorized thrown on the petitioner, which he is not obliged to present his petition ? Would he run the risk to take if he file his bill. It is sufficient for him of having his undertaking put in force, when he to state A. B. C. D. respectively claim some interest runs no such risk by filing his bill. in the lands, but what that interest may be, is We again suppose a case of disputed priority, immaterial to him, provided they are puisne to his and the petitioner to be postponed; in such case

, claim; it is enough to bring them before the court, would he not run a similar risk, and will he do so and then they may guard their own rights. An Again, the hardy incumbrancers who venture on incumbrancer will not take trouble without a cor- the untrodden ground have to remember that it has responding benefit. Neither can we see the precise not yet been smoothed by judicial decision, and object of requiring the petitioner to make such that the pioneers must clear the way at much statements and affidavit. If he does not make trouble, cost, and expense, for their more fortunate searches, the information he gives the court must successors. necessarily be imperfect; if he does, he may not In making these observations, we mean to find be allowed for them; and he is in this unfair no fault with the Orders, we speak only of their dilema, either to give the court no information, effect. We believe them to have been prepared being in no position to give it—and in that case an attentive perusal shews us that they have—with may have his petition dismissed-or if he give per- great care, but we think that they are obviously fect information, to run the risk of paying the cost, framed to facilitate owners rather than incumbrana of so doing. His petition, if we understand the cers, and, considered with regard to the owner, we scope of the orders, will not be adopted by the think both Act and Orders have conferred a most Master, as in the case of an owner, and therefore important boon on him; for the first time in the is just as useless, when an order of reference has history of our jurisprudence there has been happily been made on it, as a bill after a decree to account. devised a judicial course of proceeding which will All the accounts, all the real work, in fact, must enable him, if honest, to sell his estate rapidly

, be done in the Master's office. How can an incum- cheaply, securely. brancer be expected to state, not only each incum

We have little doubt-exclusive of the expense brance, but the sum due upon it, with any ap- of searches, which must vary according to the proximation as to accuracy, or for any useful length and complication of the title—that an owner purpose ?

whose case is straightforwardly stated in his petiAgain, General Order No. 3 regulates that the tion can free himself from incumbrances affecting fees and costs shall be the same as those allowed his property by a sale of a portion of it at a very on similar proceedings in any cause or matter inconsiderable expense. The proceeding by him is pending in the court. Now, we do not profess to as follows—his petition is to state concisely and know the practice of the taxation of costs, or the clearly the nature of his title, and to have annexed scale of fees, but we believe that no fee is, as a in one schedule, the incumbrancers in their priority, general rule, allowed for the preparation of a peti- and the sums due to each, and in the other a rental tion by counsel. If this be so, the proceeding of the estate. This petition, carefully prepared, under this act being by petition, no fee will will carry the owner through the court

. The be allowed on taxation. The petitioner must, Master is at liberty to adopt it, the creditor, if he therefore, either dispense with the assistance of sees his debt properly scheduled, cannot_except counsel in the preparation of a petition infinitely at the risk of paying his own costs—and indeed more troublesome than the preparation of a bili, has no need to disturb or alter it. This was a very or pay the fee out of his own pocket, or trust to the happy idea. The business in the Master's office is Taxing Master's discretion for its allowance. The thus considerably reduced. fees to solicitors are much less liberal on filing Where the owner is seized of an estate of inheritpetitions than on filing bills. We believe that most ance in possession, the direction of a few adversuitors would desire and require the advice of tisements, and the preparation of a report, the echo counsel, and so would the solicitor, who would of the petition may comprise it all. otherwise have much responsibility cast upon him. Where the owner petitioner is tenant for life, we

General Order No. 5 requires that every peti- do not observe any General Order regulating the tion shall contain an undertaking by the petitioner practice as to remaindermen, minors, or persons to submit to such order as the court may think under disability, and their rights become of extreme proper to make, in the event of its appearing, on importance where the petition seeks to have a preany inquiry to be directed under the petition, that vious contract for sale carried into effect. And

although in simple cases the adoption of the peti

tion in the Master's office is an excellent innovation hitherto been an instrument of destruction to proon the present practice; in more weighty ones, prietors, may be converted into their effective and where priorities are disputed, the expense of taking efficient ally. out a voluminous document by each disputing creditor will be considerable. An extract from it The practice of lodging money in court has been would not, in inany instances, be sufficient, or, at lately considerably modified both in the Courts of least, culling the precise points would require more Queen's Bench and Exchequer. Formerly a detime, perusal, and discretion, than a solicitor in fendant could at any period before trial, or without extensive practice could afford unpaid to give.

notice to the plaintiff, pay money into court, and The advantages to the owner are, however, great, the latter, on the very eve of trial, was often taken the power of apportioning head rent, of having the by surprise by the service of the rule. The payland sold discharged of unredeemable charges are

ment was frequently made so late, that litigation in themselves very important benefits.

was not checked, and the plaintiff had not the opThe act under our consideration affords abundant portunity for reflection as to the withdı awal of his evidence of the difficulty of making the transfer of record. All his expenses had been incurred, and land easy, and, at the same time, of preserving when he was so far committed—as occurred in the future interests unimpaired. Real property cannot case of Greene v. Coughlan, where he only had be made to pass from hand to hand like a bale of notice on the very day of trial, at a country assize merchandize, and be also made the subject of town—he would most likely proceed to the end. family settlement. This act was compiled with The Court of Queen's Bench, finding that the gene. great care. The bill was originally introduced ral rule of 1834 did not provide for such a case, last into the House of Lords by the Lord Chancellor of term made a rule that no order should be given for England in the session of 1847, and again in that of liberty to lodge money after plea, without the special 1848 ; the measure underwent considerable discus-order of the court, or a judge, upon application for sion in the House of Commons, and was subjected

that purpose. The motion must be on notice; at least to extensive alteration, and little improvement. Its the practice is so settled in the Court of Exchequer, avowed object was to give "currency to land,” to who, on Thursday, refused an application for liberty facilitate its transfer, and yet, though it does effect to lodge money, where no notice had been served. important changes in the law, and confer a boon

The notice must also undertake to pay not only the on incumbered proprietors, its operation will be, as costs of the action incurred at the time of the respects them, but partial, and, as respects incum- lodgment, but any further costs the Court may brancers, almost a dead letter. In seeking to direct. effect the object of simplifying titles, and super- Whilst the Courts thus guard the plaintiff from seding the present practice of judicial sales, it being taken by surprise, they are equally stringent should not be overlooked that litigation will not be in depriving him of costs, if he persevere in his thereby diminished, it will perhaps be increased action after the lodgment, and be unsuccessful. In in a duplicate ratio, first taking its turn at the land, such case he will disentitle himself to the ntire and then at the purchase money.

costs of the action, whether incurred previously to We would deprecate the idea that we write from the payment of money into court, or afterwards. a spirit of hostility to the principle of the act, on This point was first decided in the Exchequer, the contrary we are friendly to it, and lament its and has been ruled in the same way in the Queen's necessarily restricted operation. In dealing with a Bench, in the case of Kershaw v. Lindsay, reported coinplicated system like ours, with a due and tender in a previous number, p. 31, the discussion of which regard to existing interests, the wisest and most occasioned the promulgation of the rule to which experienced legislator will find no ordinary diffi

we have adverted, culties around and about his path, difficulties the The practice now stands on a very intelligible largest experience cannot at once devise means to footing; the plaintiff is allowed full opportunity overcome; the end, however, though not yet of considering whether he will proceed further, reached, is attainable, and unquestionably, so far and if he does so advisedly, he must be prepared as owners are concerned, this act is a move to lose the costs of the action, if he be unsuccessful, onwards.

and to consider the cause of action on which the Hitherto the Court of Chancery has been justly money has been paid, as if it had been struck out feared by proprietors whose estates have been so of the declaration altogether. unfortunate as to require its interference; always appearing there as defendants they have generally sought to baffle and protract the plaintiff, in the

Hilary Term, 11th January, 1849. vain hope of extricating themselves before a sale.

At a council of the benchers of the honourable no luck in leisure,” their object, Society of King's Inns, this day holden at their furthered by the tediousness which has hitherto Chamber, at the Four Courts, it was unanimously appeared inseparably identified with Chancery pro- resolved—“ That

the call of Richard Dunn to the ceedings , was gained to their ruin, and the

wasting rank and degree of a barrister-at-law, in this society, away of their estates, deteriorated and disim be forthwith, and it is hereby vacated, and that he proved by an absentee Chancery Receiver, and by be, and he is hereby disbarred, and that his name the accumulation of costs. The sale came at length, be struck out of the books of this society." and left them—if their longevity survived it—in Thursday last, Pierce Mahony, Esq., was sworn their “ old age naked to their enemies.” Let us hope in Clerk of the Crown, in the room of Walter that a new era has arisen, and that what has 1 Bourne, Esq., deceased.

But there was

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