I hereby consent to this petition. (Signed) C. D., occupying tenant of the lands sought to be improved, II. The Lord Chancellor, or Master of the Rolls, by whom such petition may be heard, may, upon consideration of such petition, and without any attendance of counsel, solicitor, or petitioner thereon, if he shall so think fit, make an order on such petition to the effect following, or to such other like effect, with such variations as the nature and circumstances of case may require. and in the matter of the act (8 & 9 Vict. c. 56,) &c. Upon consideration, &c., of the petition, &c., it is ordered that it be referred to the Master in rotation to enquire and state to the court whether the petitioner is entitled in possession to the lands in the petition mentioned, or any, and which of them, within the meaning of the said act of parliament, and whether the said lands are in the actual occupation of C. D. in the said petition named; and if so, under what title, and whether the said C. D. has consented in writing to the said petition and to the improvements proposed to be made under the provisions of the said act? And if the Master shall find that the petitioner is so entitled, and that the said C. D. is in such occupation, and has so consented, let the Master further enquire and state to the court succintly, what, if any, other persons or person are or is entitled to, or interested in, the said lands, or any of them, in remainder or reversion; and the petitioner is to be at liberty to lay before the Master proposals for making permanent improvements in the said lands, by any such means as are in the said act mentioned, and to set forth in such proposals the nature and extent of such improvements, and the estimated expense thereof, and the estimated value of the permanent improves ments proposed to be made; and such proposals are to be sufficient without any charge or state of facts: and the Master is to enquire and state whether such proposed improvements are permanent improvementwithin the meaning of the said act; and if so, what will be the expense of making the same, and what will be the value of such permanent improvements? and whether it will be beneficial to all persons interested in the said lands, that such permanent improvements should be made under the provisions of the said act? III. The Master to whom the said reference may be made is to require proof of the deed, will, or other instrument under which the petitioner claims to be entitled to the land, but he is not otherwise to require proof of the title to the land, nor is any charge to be allowed for searching the registries. IV. The Master, if he shall think it necessary for the due prosecution of reference, but not otherwise, may direct the petitioner to serve any other person interested in the land, with notice of the proceedings; and such person, so served, may afterwards attend such proceedings as a party thereto, as long as the Master shall deem his presence necessary; but if such person being so served, shall decline or neglect to attend pursuant to such notice, the Master may proceed in his absence, and he is to state the same in his report? any person so attending will have to bear his own costs. V. The Master is, during the reference, to be at liberty to apply by note, in writing, to the judge by whom the order was made, for any special directions, or for leave to state any special circumstances, touching the matters referred to him; and, if he shall receive any such special directions, or such leave, he is to state the VI. same, and his proceeding thereon, in his report; but such note and directions are not to be treated as regu. lar reports or orders of the court requiring to be filed or otherwise. Any person interested in the land is, without its being necessary for him to take any objection or give any previous notice, within fourteen days after the filing of the report, to be at liberty to petition the Lord Chancellor that such report may be reviewed: if such petition shall be presented, the Judge by whom the reference was made is to take the same into his consideration and, if he shall so think fit, he may dispose thereof, either by dismissing the same, or by referring the matter back to the Master with or without special directions he may also direct any person interested to attend, and may, if he shall think it necessary, but not otherwise, direct the same to be argued by counsel in open court or otherwise. : the Master to whom the said matter was referred, has made his report bearing date, the day of and for the reasons therein stated has [here state the Master's finding.] That the said report has been filed in the Report office of this court, and that no special application has been made to review the same. Your petitioner, therefore, humbly prays your Lordship, that the said report may be confirmed absolutely, and that your petitioner may be authorized to make such permanent improvements as are certified in the said report, under the provisions of the said act. In the matter of VIII. The order confirming the report may be in the form following, with such, if any variations, as the nature and circumstances of the case may require. and in the matter of the act (8 & 9 Vict. c. 56), &c. (Form of order).-Date Whereas did on the day of prefer his petition to the right honorable the Lord Chancellor, thereby setting forth, and praying, that he might be at liberty to make permanent improvements in the lands therein mentioned, under the provisions of the said act; and thereupon his Lordship, on consideration of the matter of the said petition, did, by his order, dated the day of refer it to the Master to make IX. the inquiries therein mentioned; and, in pursuance of the said order, the said Master has made his report, dated the day of [the particulars not to be stated,] and the said report was duly filed in the Report office, on the day of and no application has been made that the same may not be confirmed, and that the said A. B. doth now by his petition pray that the same may be confirmed, and that he may be at liberty to make such permanent improvements as are specified in the said report, under the provisions of the said act: his Lordship, on considera. tion of the matter of the said petition, and the said Master's report, doth hereby order that the said report be confirmed, and that the said petitioner he at liberty to make such permanent improvements in the said lands as are in the said report mentioned, under the provisions of the said act. The Master by whom the said report was made may, upon production to him of the order confirming the same and giving leave to make the improvements, deliver to the party who has obtained such order a certificate to the effect and in the form herein-after stated, with such variations as the nature and circumstances of each case may require. (Form of Certificate.)—Date In the matter of and in the matter of the act (8 & 9 Vict. c. 56,) &c. Whereas [Recite, 1st, the Order of reference, shortly; 2d, the Report, with its date, but without any particulars; 3d, the Order "confirming the Report, and authorizing the improvements to be made," with its date, and generally in the terms within inverted commas.] Now, therefore, I the said Master, in pursuance of the said act, do hereby certify that any person advancing money for making the said permament improvements specified in my said report, will, upon its being made to appear to me that such money, to the amount specified in my said report, has been fully expended in making the said improvements, or in paying the expense of obtaining the authority of this court, become and be entitled under the said act to a charge on the land for the repayment of the money advanced, with interest; but such charge is to be subject to the terms and conditions provided by the said act, and before the same can become effective, the amount of money expended as aforesaid is to be stated by me by way of endorsement on this certificate. X. The endorsement required by the act to be made by the Master on the said certificate, may be to the effect and in the form herein-after set forth, with such variations as the nature and circumstances of each case may require. (Form of Endorsement.)—Whereas it has been alleged before me that the sum of £ being the whole [or part] of the sum of £ mentioned in my report recited in the within certificate, has been expended in making such improvements and paying such expenses as are therein mentioned; I have, pursuant to the liberty given to me by the said act, enquired what expenses have been incurred in and about the application to the court, and making the necessary surveys, valuations, and estimates, and also what sums of money have been actually expended in such improvements; and evidences as to such expense hath been laid before me, and I have duly considered the same, and I do hereby state and certify that it hath been made to appear to me that the sum of £ hath been fully expended in manner aforesaid in such expenses as aforesaid, and the sum of £ for improvements by drainage, warping, irrigation, or embankment, and the sum of £ for improvements by the erection of buildings and I do hereby further certify that the said several sums amount in the whole to sum of £ and that the same was [or were] advanced on, &c. [or at such several times and in the several sums herein- EDWARD B. SUGDEN, C. T. B. C. SMITH, M. R. N.B.-Section 14 of the act points out the nature of the evidence to be received by the Master; section 5 requires the report to be filed in the Report Office, and gives power to apply to review a report within fourteen days; and section 6 gives liberty to the Master to inquire into the expenditure, and to indorse upon the certificate the amount thereof; and section 7 requires such certificate to be filed in the Report Office, and a duplicate thereof to be provided as evidence of title. Dated 27th January, 1847. It is this day ordered, by the right hon. the Lord Chancellor of Ireland, by and with the advice and assistance of the right hon. the Master of the Rolls, that the Masters in ordinary of this court, do annex to their reports, to be hereafter made under decrees and orders of this court, a schedule of the evidence read before them on behalf of any party, and do also state, the tender and rejection of any evidence, which they may rule to be inadmissible. MAZIERE BRADY, C. T. B. C. SMITH, M. R. Dated 5th April, 1847. · 1. On reading the 168th general order of the 27th March, 1843, and on reading also a certificate from William Henn, Esq., and Edward Litton, Esq., two of the Masters of this court, dated 27th January, 1847, in the following words :Master Litton and Master Henn, certify to the Lord Chancellor, that their mode of acting on the 168th rule of 27th March, 1843, was to note in their books the attend'ance of counsel, and their disapprobation when they con'sidered the attendance of counsel unnecessary, but when they approved of such attendance they made no entry 'whatever; while on the other hand, Master Goold gene'rally marked his approbation when he thought the attendance of counsel necessary, and made no entry when he I considered his attendance unnecessary; and Master Town'send uniformly adopted a course similar to that of Master 'Goold. All the Masters would suggest that the existing 'rule should be modified, by authorizing to endorse upon the original summons the attendance of counsel when they 'considered such attendance necessary, and that the atten'dance of counsel should be disallowed on taxation in all cases in which no entry of approbation appears.' 6 It is this day ordered, by the right hon. Maziere Brady, Lord High Chancellor of Ireland, by and with the advice and assistance of the right hon. Thomas Berry Cusack Smith, Master of the Rolls, that on the taxation of costs, no sum whatever shall be allowed by the taxing Master, for the attendance of counsel before any of the Masters in ordinary of the court, on references under any decree or order unless the Master in ordinary shall endorse upon the original summons on which counsel shall attend, or upon the copy thereof served upon the party for whom counsel shall attend, his approbation of such attendance of counsel, and unless the said original summons or copy, with the said endorsement thereon is produced to the taxing Master. And it is further ordered, that if the Master in ordinary shall approve of the attendance of counsel, the endorsement of such approbation shall be made by the said Master, at the time such attendance shall take place. And in no case, shall the Master permit more than one counsel to attend for the same party. And it is further ordered, that in the taxation of all costs, incurred prior to the date of this order, no sum whatever shall be allowed by the tax ing Master for the attendance of counsel before any of the present Masters in ordinary of the court, on such references as aforesaid, unless a certificate shall be produced to the taxing Master signed by such Master in ordinary, stating his approval of the attendance of counsel on the days and times for which such attendance shall be charged in the bill of costs. And no sum shall be allowed by the taxing Master for the attendance of counsel before the late Master Goold, or Master Townsend, on such reference as aforesaid, unless a copy of an entry in the books of the said Master Goold and Master Townsend, respectively, shall be produced to the taxing Master, as required by the 168th general order of the court. 2. And it is further ordered, that the following order be substituted for the 146th general order of the 27th March, 1843. That a receiver, sequestrator, or guardian, upon production of a certificate of his recognizance being enrolled shall be at liberty to enter the general order, that the tenants do pay their rents and arrears of rent to him, and shall cause the same to be printed and served upon the immediate tenants of the person over whose estates or property he has been appointed, or at their residences; and every receiver, sequestrator, or guardian shall be at liberty whenever rent shall be in arrear for the space of five months after the same shall have become due, in case the same is reserved by half-yearly payments, or for the space of two months, after the same shall have become due, in case it is reserved by quarterly payments, or so soon as it shall become due in case such rent is payable weekly, (or at any other time after any half-yearly or quarterly rent shall become due, if the Master shall deem it expedient to allow him to EGAL AND HISTORICAL DEBATING SOCIETY. The Members are requested to take notice, that the Meetings of the Society have been ADIGURNED (for the Christmas Recess) to FRIDAY, the 12th day of JANUARY, 1849. SUBJECT FOR DEBATE. precedency of a Creditor's suit, instituted after the passing of 3 & 4 W. IV. "Can a Judgment Creditor, proving under a decree, avail himself of the c 27, 10 save his demand from the operation of that statute ?" Barristers, Law Students, and Graduates of the Universities of Dublin, Members who have changed their residences, or who have friends to SMYTH, 37, MARY STREET. best Manufactured SMYTH begs to inform those Ladies who wish to encourage that he has been for some time past making up a Stock of Winter Boots do so,) to proceed by distress, for recovery of such rent, LE without any rule or order for that purpose; such remedy to be deemed the proper one in the first instance; but when the receiver, sequestrator, or guardian shall find the remedy by distress insufficient, or inapplicable, he may lay the special facts before the Master, and if the Master shall deem it expedient to proceed by notice to quit, or by civil bill ejectment, process, or by ejectmemt for non-payment of rent, or by action at law, or by civil bill, the Master shall make an order or a report thereon as he shall see fit, and thereupon the receiver, sequestrator, or guardian shall be at liberty to proceed as the Master shall direct. And in every case in which the Master shall be of opinion that the receiver, sequestrator, or guardian shall proceed by attach ment and not by distress for payment of any rent, the Mas- SMYTH has now on hands a large Stock of the very ter being first satisfied that such rent is in arrear, and that the general order to pay such rent to the receiver, sequestrator, or guardian, has been duly served upon the tenant against whom the attachment is sought, or that such tenant is either lessee or assignee of a lease under the court, or has himself paid, or is the assignee of one who has paid rent to the receiver for the holding in question, and that the rent although demanded by the receiver, sequestrator, or guardian, or by his agent duly authorized, has not been in order the more readily to carry out his views of assisting the Operative, paid, shall be at liberty to give a certificate that an attachment shall issue for non-payment of such rent, stating to what period such rent is calculated, and the amount of the rent claimed to be due, and thereupon the Registrar shall issue an order that the tenant shall pay to such receiver, sequestrator, or guardian, the rent mentioned in such certificate to be due, the amount whereof shall be stated in such order, together with the sum of two pounds ten shillings for the cost of such certificate, order, and of the service of the same, within ten days after personal service of such order, or shew cause within the same period why an attachment should not issue against him for non-payment of said rent. And in case the same shall not be paid, or good cause shewn within said period, the clerk of the appearances and writs shall, on being satisfied by affidavit that such order was duly served, without any further rule or order, issue an attachment against such tenant for non-payment of said sums. MAZIERE BRADY, C. (To be continued.) OSLEY'S GALVANIC PENS, which will Mos not corrode. and Shoes in Dublin, and that he has determined to Sell them at the SMALLEST REMUNERATIVE PROFIT, Black Cloth Boots at House Shoes at Clogs at 5s. 6d. a pair. Is. 8d. 18. 4d. Children's Boots and Shoes in great variety. SMYTH holds out the greatest possible advantage to Gentlemen who pay Cash, as he is doing an immense trade for Ready Money only; secur. ing to his Customers, at all times, Boots and Shoes of the first character at VERY MODERATE PRICES: which will be found of Superior Manufacture, and at Prices which no 158. 6s. 6d. .. 5s. BOYS BOOTS AND SHOES. Please observe SMYTH, 37, MARY 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. Lincoln and Bennet's London Hats. Hunting Caps, Livery Hats, &c. MADDEN AND HARE, have just received a supply of the above GUTTA PERCHA, from its perfectly Waterproof quali Pens, in all their varieties. They have also always on hand a large Stock of Mosley's Genuine GOLD PENS, which they sell as low as any other house. ties, great durability, and non-conducting properties, I recommend to all anxious for dry and warm feet. All the objections to, and preju dices against Gutta Percha, having arisen from clumsy workmanship, I undertake to have the Soles put on, that they shall adhere firmly till com. pletely worn through. MANLY THACKER, 80, DAME STREET. TROWSERS. The numerous testimonials received by JAMES O'DRISCOLL in approval of the elegance, ease, and peculiar style of his Trowsers, and likewise the very flattering patronage bestowed & R. MORROWS' CIRCULATING LIBRARY, on him by the higher classes of society, induces him to apprise his patrons, 18, NASSAU STREET, Where every New Work of merit daily issuing from the press may be had and those gentlemen who have not hitherto honored him with their orders, 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, 17s. Quarterly, 98. Printed by THOMAS ISA AC 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 JOHNSTO MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, December 23, 1848. Erish Jurist No. 9.-VOL. I. DECEMBER 30, 1848. Per Annum, £1 10s. PRICE 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: At the close of the last session of parliament, the Chief Secretary for Ireland announced that her Majesty's government had it in contemplation to introduce a law for the better regulation of receiverships under the Court of Chancery. The initiative of this very important subject is due to Mr. Bernal Osborne. The returns moved for by him, and laid before parliament, shew that whilst the number of estates over which receivers have been appointed has been stationary, or decreasing, the increase of the arrears due on those estates has been enormous. Nor does the picture brighten in 1845, the arrears, at date of appointment, were £33,560; at time of reckoning, £442,902, that is, more than thirteen fold. In 1846 it grows still more gloomy; as to arrears, they had swelled at date of appointment to £207,161, but the disproportion at time of accounting was infinitely less, amounting only to £375,374. In 1847 it grows darker and darker still, the arrears at date of appointment were but £33,044; at time of accounting they had increased to Nor can this increase be attributed solely to the £469,191. The returns from the Court of Exchedistress of the country. Much must be ascribed quer are taken for the same period of time, but to the system, and the management of it. In collectively, and the result shews that there are proof that "the famine in the land" has not been 448 estates under receivers, the rental of which the sole cause, we give a summary of two returns, amounts to £155,403, the arrears at date of apthe first from the Devon Commission, which comes pointment amounted to £61,779, and at time of down to the year 1843, and the second, that already reckoning to £171,839. alluded to, which has been more carefully compiled, and extends to the year 1847. The first states the average number of causes for the years 1841, 42, 43, in the Courts of Chancery and Equity Exchequer, as 1002; the rental of the estates over which receivers had been appointed £702,822. 5s. 2d.; the arrears when appointed, £83,406. 9s. 11d.; when they last accounted, £400,206. 17s. 9 d., that is, they had considerably more than quadrupled, and this before the famine! The costs allowed to receivers amounted to £30,115. 1s. 10d. and this of course exclusive of their poundage. The parliamentary return is more carefully compiled. The Chancery returns are given separately for the years 1844, 45, 46, 47, shewing the aggregate number of estates under the control of the court, over which receivers had been appointed, and the counties in which they are situated. The average total number for these four years would But these returns shew facts more startling still. The amount expended in improvements on estates under the Court of Chancery over this enormous rental, the greater part of the estates being situated in the most unimproved parts of Ireland, amounted, in the year 1844, to only £2,522, and in the three succeeding years respectively, to £4,772, £1,507, and £2,555; whilst, in the Court of Exchequer, on a rental of £155,000 a-year, one single shilling during four years, was not expended. The average expenditure in improvements during the last four years was thus but £2,851 16s. 8d. per annum, being exactly 5d. per cent. per annum on the gross rental; but it will be found, on examination of the return, that there is over £900,000 a-year of rental, allowing for accumulations, cut of which there is not one shilling expended, either in improving these neglected estates, or in any way assisting to give employment to the poor! The regeneration of the condition of the Irish people, as an agricultural community, must be wrought through the soil of Ireland; on it they live, and move, and have their being. Is that improvement accelerated by the mode allowed to incumbrancers to realize their debts, through the medium of Courts of Equity? The lamentable results which the foregoing returns exhibit testify the contrary, and they form subject for deep and anxious consideration. the Court of Chancery. The largest number were in Dublin, Galway, Limerick, and Tipperary. There are, however, a large number (276) in the return of the year 1847 not described as to locality. It is to be observed, that not only does the estate lose by the power of the proprietor to improve being taken from him, and vested in nobody; but it loses, likewise, in the change of men who are to act as Receivers in one sense, truly, and yet not truly, so called; for, although their sole duty is to reThe Irish incumbrancer is, in fact, the owner of ceive, yet even that is ill done. They are so shackled the soil; he extracts its produce, and he gives no in power, so incapable of acting with promptidirect return. On him the law casts no responsibi- tude, or power of adaptation to circumstances, lity; with him property has its rights, but not its that much less is received from the estate than was duties. It is right and just that the capitalist should previously due by the owner, whilst the tenants have secure places for the investment of his capi- were less impoverished. Nearly every proceeding tal, and that his capital should be returned, pro- by a Receiver must, if he wish to protect himself, vided that the process for the return be just and be taken under the direction of the Master to whom equitable, and not ruinous and destructive. If the the cause or matter has been referred, and this can creditor have not power to enforce his contract, only be done by a written, verified statement of without the aid of a Court of Equity; in seeking facts, and every statement of facts causes delay that aid, the creditor confesses his impotency, and and costs money; and even then there is no suffithe court, in rendering assistance, should give it ciently controlling power, the jurisdiction of the only on the terms of being omnipotent, not merely Master is limited, and frequently an application in regulating, directing, and controlling the equities must be made to the court; every such application between the parties, but the properties which are causes delay and costs money, and neither Redelegated to their care pending such adjustments.ceiver, Master, nor Court can of themselves, and A Court of Equity should not be a mere bailee for safe custody, but in truth the great parens patriæ under the arbitrium boni viri; the deposit should not only be not depreciated, it should be improved during the period of its being placed under the care of the court. But what should be, is not. The law allows the creditor to take property from the hands of the debtor, whose responsibilities are in some degree defined, though the obligation, being an imperfect one, could not always be enforced by law. The transfer involves the creditor in no burden of proprietorship, but places the management of the estate under a Court of Equity, which has hitherto been potent for evil and powerless for good, in consequence of the system, not of the managers of it, who do much to counteract its evils. Very many of these properties are very small; they have been placed under the dominion of Courts of Equity since the years 1836 and 1840, in consequence of the "fatal facility" given by the Judgment Acts (5 & 6 Wm. 4, c. 55, and 3 & 4 Vic. c, 105), whilst the expense of appointing, and completing the appointment of a receiver, is considerable, frequently much more than the amount of the debt. We have heard, on unquestionable authority, of a sum due by a half-pay officer possessed of some very trifling property, which amounted to only £11, whilst the costs in the Receiver's matter exceeded £70. The debtor died a pauper in a workhouse! In the counties of Armagh, Carlow, Donegal, Leitrim, Londonderry, and Monaghan, to their credit be it spoken, there were only five properties in each, under Receivers of the Court of Chancery, the aggregate rental of the thirty estates amounting to little more than £12,000 per annum. Londonderry the rental of the five properties was only £712 14s. 6d. In the year 1847, there was only one property in Down with a Receiver under In without the consent of creditor or inheritor, expend money in improving the properties placed under their care. The responsibility of the office, the irksomeness of the duties, not a single pleasurable act connected with them in the way of rewarding or encouraging an industrious tenant-the difficulty of procuring solvent sureties, and the reluctance to ask friends to sign a recognizance which formed an incumbrance on their estates, whilst they are obliged to qualify on oath-the perpetual necessity of making affidavits, and the unpleasantness of serving many masters, the Court, the great supervisor, the Master, the Director-General, the plaintiff in the cause, and every other creditor not caring a rush for the estate, provided they ever receive their money from it, whether wrung from the tenant, or from the Receiver made answerable for some loss a generous proprietor would never have charged him with, and the precariousness of the tenure of office, have all contributed to render the appointment exceedingly undesirable. In fact, no gentleman who can obtain a private agency would accept of it. There is but one qualification for the office, the power of procuring sureties. Formerly the amount of private jobbing in these appointments was enormous. The plaintiff, or the plaintiff's solicitor, appointed his friend without opposition-the solicitor having either become reckless, or an absentee on an understanding that the solicitor for the receiver should be either the plaintiff's solicitor, or some one who would divide the profits. Immediately on his installation, the receiver collected every shilling in which he had not been anticipated by the proprietor, who, before bidding his last farewell to his lands, took from the tenants whatever they could give in money or kind, and gave them receipts in full. The celerity was not thereby to pay off the creditor who was badly in need of his interest, no such thing; by |