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Irish Jurist

No. 9.-Vol. I.
DECEMBER 30, 1848.

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 : Court of Chancery, in- ROBERT W. Osborne, Esq., Court of Exchequer SJohs BLACKHAM, Esq., and eluding Bankruptcy

A. HICKEY, Esq., Barristers-at

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

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

Queen's Bench, includ. (John T. BAGOT, Esq., and WILLIAM BURKE, Esq., and

ing Civil Bill and Re- FLORENCE M'CARTHY, Esq., Rolls Court...... WILLIAM JOHN DUNDAS, Esq., gistry Appeals......... Barristers-at-Law. Barristers-at-Law.

Exchequer of Pleas, in- S Chas. H. HEMPHILL, Esq., and CHARLES HARE HEMPHILL, Esq.

ending isano Court Wristbana dlakson, Esq., Barand

and Registry Appeals. Equity Exchequer .....

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

Common Pleas........... {Rat-Law LONG, Esq., Barrister

DUBLIN, DECEMBER 30, 1848. be 820 estates, with an average rental of £680,000.

The arrears in 1844 amounted, at date of receiver's

appointment, to but £34,559,, when they accounted At the close of the last session of parliament, the to £380,888, that is, they had increased more than Chief Secretary for Ireland announced that her eleven times. Majesty's government had it in contemplation to Nor does the picture brighten in 1845, the introduce a law for the better regulation of re- arrears, at date of appointment, were £33,560; at ceiverships under the Court of Chancery. The time of reckoning, £442,902, that is, more than thirinitiative of this very important subject is due to teen fold. In 1846 it grows still more gloomy; as to Mr. Bernal Osborne. The returns moved for by arrears, they had swelled at date of appointment to him, and laid before parliament, shew that whilst £207,161, but the disproportion at time of accountthe number of estates over which receivers have ing was infinitely less, amounting only to £375,374. been appointed has been stationary, or decreasing, In 1847 it grows darker and darker still, the the increase of the arrears due on those estates has arrears at date of appointment were but £33,044; been enormous.

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 pointinent 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,

But these returns shew facts more startling still. and extends to the year 1847.

The amount expended in improvements on estates The first states the average number of causes

under the Court of Chancery over this enormous for the years 1841, 42, 43, in the Courts of Chan- | rental, the greater part of the estates being situcery and Equity Exchequer, as 1002; the rental of ated in the most unimproved parts of Ireland, the estates over which receivers had been appointed amounted, in the year 1844, to only £2,522, and £702,822. 58. 2d.; the arrears when appointed, in the three succeeding years respectively, to £83,406. 9s. 11d. ; when they last accounted, £4,772, £1,507, and £2,555; whilst, in the Court £400,206. 178. 9d., that is, they had considerably of Exchequer, on a rental of £155,000 a-year, more than quadrupled, and this before the famine! one single shilling during four years, was not The costs" allowed to receivers amounted to expended. The average expenditure in improve£30,115. ls. 10d. and this of course exclusive of ments during the last four years was thus but

£2,851 16s. 8d. per annum, being exactly 51d. The parliamentary return is more carefully com- per cent. per annum on the gross rental ; but piled. The Chancery returns are given separately it will be found, on examination of the return, for the years 1844, 45, 46, 47, shewing the aggre- that there is over £900,000 a-year of rental, allowgate number of estates under the control of the ing for accumulations, out of which there is not court

, over which receivers had been appointed, one shilling expended, either in improving these and the counties in which they are situated. The neglected estates, or in any way assisting to give average total number for these four years would'employment to the poor !

their poundage.

The regeneration of the condition of the Irish the Court of Chancery. The largest number were people, as an agricultural community, must be in Dublin, Galway, Limerick, and Tipperary. wrought through the soil of Ireland ; on it they | There are, however, a large number (276) in the live, and move, and have their being. Is that im- return of the year 1847 not described as to locality. provement accelerated by the mode allowed to in- It is to be observed, that not only does the estate cumbrancers to realize their debts, through the me- lose by the power of the proprietor to improve dium of Courts of Equity? The lamentable results being taken from him, and vested in nobody; but which the foregoing returns exhibit testify the con- it loses, likewise, in the change of men who are to trary, and they form subject for deep and anxious act as Receivers—in one sense, truly, and yet not consideration.

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 vas 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 without the consent of creditor or inheritor, expend safe custody, but in truth the great parens patrie money in improving the properties placed under under the arbitrium boni viri ; the deposit should their care. not only be not depreciated, it should be improved The responsibility of the office, the irksomeness during the period of its being placed under the of the duties, not a single pleasurable act connected care of the court.

with them in the way of rewarding or encouraging But what should be, is not. The law allows the an industrious tenant—the difficulty of procuring creditor to take property from the hands of the solvent sureties, and the reluctance to ask friends debtor, whose responsibilities are in some degree to sign a recognizance which formed an incumdefined, though the obligation, being an imperfect brance on their estates, whilst they are obliged to one, could not always be enforced by law. The qualify on oath—the perpetual necessity of making transfer involves the creditor in no burden of pro- affidavits, and the unpleasantness of serving many prietorship, but places the management of the masters,—the Court, the great supervisor, the estate under a Court of Equity, which has hitherto Master, the Director-General, the plaintiff in the been potent for evil and powerless for good, in cause, and every other creditor not caring a rush consequence of the system, not of the managers of for the estate, provided they ever receive their it, who do much to counteract its evils.

money from it, whether wrung from the tenant, or Very many of these properties are very small; from the Receiver made answerable for some loss they have been placed under the dominion of a generous proprietor would never have charged Courts of Equity since the years 1836 and 1840, him with, and the precariousness of the tenure of in consequence of the “fatal facility” given by the office, have all contributed to render the appointment Judgment Acts (5 & 6 Wm. 4, c. 55, and 3 & 4 exceedingly undesirable. In fact, no gentleman Vic. c, 105), whilst the expense of appointing, and who can obtain a private agency would accept of it. completing the appointment of a receiver, is con- There is but one qualification for the office, the siderable, frequently much more than the amount power of procuring sureties. of the debt. We have heard, on unquestionable Formerly the amount of private jobbing in these åuthority, of a sum due by a half-pay officer pos- appointments was enormous. The plaintiff, or the sessed of some very trifling property, which plaintiff's solicitor, appointed his friend without amounted to only £11, whilst the costs in the Re- opposition—the solicitor having either become reckceiver's matter exceeded £70. The debtor died a less, or an absentee-on an understanding that the pauper in a workhouse!

solicitor for the receiver should be either the In the counties of Armagh, Carlow, Donegal, plaintiff's solicitor, or some one who would divide Leitrim, Londonderry, and Monaghan, to their the profits. Immediately on his installation, the credit be it spoken, there were only five properties receiver collected every shilling in which he had in each, under Receivers of the Court of Chancery, not been anticipated by the proprietor, who, before the aggregate rental of the thirty estates amount- bidding his last farewell to his lands, took from ing to little more than £12,000 per annum. In the tenants whatever they could give in money or Londonderry the rental of the five properties was kind, and gave them receipts in full. The celerity only £712 14s. 6d. In the year 1847, there was was not thereby to pay off the creditor who was only one property in Down with a Receiver under I badly in need of his interest, no such thing ; by

prudent management the time for accounting could upon Scire Facias, Q. B., C. P., Ex., which, if on be extended, and meantime something handsome

Declarations in Ex., C. P., should be served two could be realized by prudently taking a turn out

days previous. of the money.

FEB. The interests of the tenant and receiver were in

2 Last day for serving notice of motion, Eq. Ex. antagonism ; the one shilling poundage could be

6 Judgment may be marked on Rules entered last day of

Michaelmas Term, C. P., Ex,, provided same be doubled, or quadrupled, by collecting quickly, served two clear days previous, and in Q. B. without accounting very slowly.

service of Rule for Judgment. In some degree these evils have been abated by

7 Petition Rolls, the new rules of 1843, for which Sir Edward

8 Causes, Demurrers, Pleas, Rolls, ? if not disposed of Sugden deserves our highest approbation.

9 Causes, Demurrers, Pleas, Rolls, S in Term. We do not wish, for the mere sake of making

13 Entitled to Judgment in Q. B. on Ejectment, moved

upon last Term under ancient rule. out a strong case-the facts are plain, they require no colouring of ours—to deal out sweeping cen

Easter Term. sures, on the contrary, we attack a system, not April. individuals, a system which is susceptible of im- 16 Easter Term begins. provement, and to the investigation of which we 17 Dublin Quarter Sessions. Last day to set down causes must recur again.

to be heard this Term in Chancery. Last day to make Country Writs returnable to have judgment this Term, Q. B., C. P., Ex. Last day to serve

notice in Q. B. to set aside verdict for surprise or Court Papers.

newly-discovered evidence, Rule, 26 June, 1822. 18 Petitions Rolls.

19 Causes, Demurrers, and Pleas, Rolls. Last day to LEGAL DIRECTORY-1849.

move to set aside verdict for surprise, &c. Q. B. Last JAN.

day to appear to town writs returnable before term, 10 Last day for making Country Writs returnable, so as

Q. B., C. P., Ex. Last day to serve notice to set to file Declaration, and have Judgment on appear.

aside verdicts, and set down points saved, and bills ance this Term. Q. B., C. P., Ex.

of Exceptions, Ex.

20 Causes, Demurrers, Pleas, Rolls. Hilary Cerm.

21 Last day to make town writs returnable to have judge 11. Hilary Term begins. Dublin Quarter Sessions.

ment this term, Q. B., C. P., Ex. Last day to mov 12 Last day in Q. B. to serve notice to set aside verdicts 24 Appear to country writs returnable before Term, Q. B.,

to set aside verdicts, Ex.
for surprise, or newly-discovered evidence, by Rule
26 Jan. 1822. Last day to set down Causes to be 25 Petitions, Rolls. Civil Bill Court sits.

C. P., Ex.
heard this Term in Chancery.
13 Petition day in Chancery. City Record Court sits.

26 Causes, Demurrers, Pleas, Rolls. Short causes, Chan15 Last day to appear to Town Writs returnable before

G. O., April, 1848. G. day, Q. Inns. Last day to

move on Ejectments to have judgment this Term, Q.B. Term, Q. B., C. P., Ex. Last day to move to set aside verdicts for surprise, &c. Q.B. Last day for 27 Causes, Demurrers, Pleas, Rolls. Last day for Decla

ration on appearance to have judgment this Term, serving notice to set aside verdicts, to set down points saved, and bills of Exceptions. Ex. in Q. B.

Q, B., C. P., Ex. To serve notice of C. B. appeal

for sittings after Term, 11 & 12 Vic. c. 34. no notice necessary, except under Rule, 26 Jan. 30 Last day for Declaration on P. A.-Q. B., C. P., Ex.,

1822. 17 Petition's Rolls. Last day to move to set aside ver

and Ejectments, Ex.

MAY. dicts, &c. Ex.

2 Petitions, Rolls. Last day for moving on Posteas to 18 Short Causes, Chan. G. 0. Ap. 1848. Grand day.

make rule absolute this Term, Ex. Q. Inns. Causes, Demurrers, and Pleas, Rolls.

3 Pleas, Demurrers, Exceptions, Rolls. Last day to 19 Causes, Demurrers, Pleas, Rolls. Last day for moy

move on Posteas, and to change the Venue, Q. B. ing on Ejectments in Q. B. if not under ancient rule.

Last day to move for Mandamus and Informations, 20 Petition day in Chancery. Last day to file declarations

and for Attachments, except for costs, and against on Common Appearance, Q.B., C.P., Ex. Last day

the Officers of the Court. Q. B., Cr. side. for serving notice of Civil Bill appeals for sittings

4 Last day to fine Sheriffs for not returning writs, Q. B., after Term, 11 & 12 Vic. c. 34. Civil B. C. sits.

C. P., Ex. Causes, Demurrers, Pleas, Rolls. 23 Last day to file Declarations on P. Ap., Q. B., C. P., Ex., and Ejectments, Ex., except it be under the

5 Last day to move for Attachments, or to change the

Venue, Ex. provisions of 1 & 2 W, 4, C. 31, S. 12. 24 Petitions, Rolls.

8 Easter Term ends. Last day to serve notice of motion,

Eq. Ex. Last day to enter rule for judgment, and 25 Causes, Demurrers, Pleas, Rolls. Last day for moving

on Scire Facias, Q. B., C.P., Ex. On Declarations on Posteas, to make rule absolute this Term, Exch., except under 1 & 2 W. 4, c. 31, s. 16.

in Ex., C. P., two previous days service of rule for 26 Causes, Demurrers, Pleas, Rolls. Last day for Man- 14 Judgment may be marked on rule entered last day of

judgment should be given. damus or Information motions, or for Attachments,

Term, provided same be served two clear days presave for non payment of costs, and against officers

vious, C. P., Ex., and in Q. B. without service of of Court of Q. B. Cr. side. Last day to change

rule for judgment. Venue on Common Affidavit, Q. B., and last day to

move on Posteas and Inquisitions, Q B.
27 Petition day in Chancery. Last day for moving on

Crinity Term.
Ejectments in Q. B. under ancient rule. Last day 22 Trinity Term begins. Last day to make country writs
to fine Sheriffs for not returning writs so as to make returnable so as to have judgment this Term, Q. B.,
Rule absolute this Term, Q. B., C. P., Ex.

C. P., Ex. 29 Last day to move to change Venue on Common Affida- 23 Last day to serve notice to set aside verdicts in Q. B. vits, and for Attachments, Ex.

for surprise or newly-discovered evidence, under rule 31 Hilary Term ends. Last day to serve notice of Motion, 26th June, 1822. Petitions, Rolls.

Rolls. Last day to enter Rule for Judgment, and 24 Pleas, Demurrers, and Exceptions, Rolls..

25 Pleas, Demurrers, and Exceptions, Rolls. Last day to 15 Short cause day, Chancery, G. O., Ap. 1848. Pleas,

serve notice to set aside verdicts, and to set down Demurrers, and Exceptions, Rolls. Last day to file
Bills of Exceptions and points saved, Ex., and also Declaration on appearance, Q. B., C. P., Ex.
to appear to town writs, Q. B., C. P., Ex., and to 16 Pleas, Demurrers, and Exceptions, Rolls.

move to set aside verdict for surprise, &c., Q. B. 17 Last day to file declaration on P. A, Q. B. C. P., 26 Last day to make town writs returnable to have judg

Ex., and Ejectments, Ex. ment this Term, Q. B., C. P., Ex.

20 Last day to move on Posteas, to make rule absolute 28 Last day to move to set aside verdicts, &c. Ex.

this Term, except under 1 & 2 W. 4, c. 31, s. 16. 30 Petitions, Rolls. Appear to country writs returnable 21 Petitions, Rolls. Last day to move on Posteas, and before Term, Q. B., C. P., Ex.

to change Venue on common affidavit, Q. B., and 31 Short causes, Chan. G. O., Ap. 1848. G. day, Q. Inns. for Mandamus and Information motions, or for At

Last day to move on Ejectments to have judgment tachments, save for non-payment of costs and against this Term in Q. B. except under ancient rule. Pleas, officers of Court Q. B. Cr. side. Demurrers, and Exceptions, Rolls.

22 Pleas, Demurrers, and Exceptions Rolls. Last day JUNE.

to fine Sheriffs not returning Writs, Q.B.,C.P., Ex. 1 Pleas, Demurrers, and Exceptions, Rolls. Last day 23 Pleas, Demurrers, and Exceptions Rolls. Last day to

to tile Declaration on common appearance to have move for Attachments, and to change Venue on
judgment this Term, Q. B., C P., Ex. Last day common Affidavit, Ex.
to serve notice of C. B. appeal for sittings after 26 Mich. Term ends. Last day to enter rule for judg.
Term, 11 & 12 Geo. 4, c. 34.

ment, and on Scire Facias, Q.B., C.P., Ex. Two 4 Last day to file declarations on P. Ap. to have judg days' previous service of rule for judgment on De

ment this Term, Q. B., C. P., Ex., and Ejectments, clarations in Ex., C. P., should be given.
Ex.

28 Last day to serve Notice of motion, Eq. Ex. 6 Petitions, Rolls. Last day to move on Posteas, to 30 Last day for serving Notice on Commissioners of

make rule absolute this Term, except as provided Woods and Forests, of the objects and provisions 1 & 2 W. 4, c. 31, s. 16., Ex.

of local Acts, intended to be applied for in ensuing 7 Pleas, Demurrers, and Exceptions, Rolls. Last day to Session of Parliament, 11 & 12 Vic., c. 129.

move on Posteas, and to change venue, Q. B. Last DEC.
day to move for Information and Mandamus, and for | Entitled to judgment on Rule for judgment entered last
Attachments, except for costs and against Officers of day of previous Term, provided same served two
the Court, Q. B. Crown side.

clear days previous, C. P., Ex., and in Q.B. without 8 Pleas, Demurrers, and Exceptions, Rolls. Last day to service of Rule.

fine Sheriffs, to make rule absolute this Term, Q.B.,
C. P., Ex., and for moving on Ejectments under
ancient rule, Q. B.

ORDERS IN CHANCERY SINCE 1843. 9 Last day to change venue on common affidavit, or to

(Concluded.) move for Attachments, Ex. 12 Trinity Term ends. Last day to enter rule for judg

Dated 18th June, 1847. ment, and for moving on Scire Facias in Q. B., C,P.,

On reading a further certificate of Masters Henn and and Ex. Two days previous, service of rule on judg. Litton, dated the 3rd day of June, 1847, referring to the ment upon Declarations in the two latter Courts ne

statements contained in their certificate of the 27th day of cessary.

January last, in reference to the entering by Masters Town14 Last day to serve notice of motion, Eq. Ex.

send and Goold, in their books of the attendance of counsel 18 Judgment may be marked on rule entered last day of before them, it is this day ordered, by the right honorable

Term, if same be served two days previous in C.P., Maziere Brady, Lord High Chancellor of Ireland, by and
Ex., and in Q. B. without service.

with the advice and assistance of the right hon. Thomas 25 Entitled to judgment on Ejectments moved on in pre- Berry Cusack Smith, Master of the Rolls, that number one vious Term under ancient rule, Q. B.

of the general orders, bearing date the 5th of April, 1847, JULY.

be amended, by adding thereto the following words :-" or 10 Dublin Quarter Sessions.

a certificate shall be produced to the taxing master, of either 20 Civil Bill Court sits.

Master Henn or Master Litton, certifying that having ex

amined the briefs used on the occasion, the case appeared 2 Dublin Quarter Sessions.

to them to have been a fit one for the employment of coun20 Civil Bill Court sits.

sel."

MAZIERE BRADY, C. Michaelmas Term.

T. B. C. SMITH, M. R. Nov. 2 Michaelmas Term begins.

Dated 22nd May, 1848. 3 Last day to serve notice to set aside verdict for surprise that in all cases where a motion is made at the Rolls

, to

It is ordered, by the right hon, the Master of the Rolls, or newly-discovered evidence, Q. B. Rule, June, make a consent a rule of court, purporting to be made be

26, 1822. 5 Last day to make country writs returnable, to file De tween all the parties in the cause, there shall be a certificate

claration, and have judgment this Term, Q. B., at foot of, or endorsed on, the consent, signed by the solici. C. P., Ex.

tor for the party on whose behalf the motion is made to the 6 Last day to serve notice to set aside verdicts, to set following effect, or as near thereto, as the circumstances of

down points saved, and Bills of Exceptions, Exch. each case will admit. Last day to move to set aside verdicts for surprise,

*I hereby certify, that I have carefully compared the Q.B. Appear to town writs returnable before Term,

title of this consent with the Rolls certificate, (or Q. B., C. P., Ex.

'certificates,) and that it corresponds therewith ; and 7 Petitions, Rolls.

'I further certify, that this consent has been signed 8 Last day to move to set aside verdicts, &c. Ex. Pleas,

by, or on behalf of all the parties in the causes and Demurrers, and Exceptions, Rolls.

matters in the title hereof mentioned,' save and except 9 Pleas, Demurrers, and Exceptions, Rolls. Last day

(here name the persons if any, who have not signed.) to make town writs returnable to have judgment of such causes, and any person shall have proved a demand

And if there shall have been a decree to account in any this Term, Q. B., C. P., Ex. 10 Petition day, Chancery. Appear to country writs re- thereunder, and such consent shall seek to transfer or pay turnable before Term, Q.B., C.P., Ex.

over, any stock or cash, add after the words "all the par14 Petitions, Rolls. Last day to move on Ejectment to ties” the words “ and all persons who have proved under have judgment this Term, Q. B.

the decree."

Ост. .

It is further ordered by the right hon. the Master of the trator of a deceased member, or as a former member of Rolls, that when a motion shall be made at the Rolls, for the same, or of heir, devisee, executor, or administrator the transfer of any stock or the payment of any money out of a former member of the same, deceased, or otherwise of Court, or by the receiver, and the motion shall be grounded howsoever : on a report of the Master, or a decree, or on both, whereby The word “ Call" shall mean a demand or requisition upon the priorities of the several parties and creditors, or incum contributories of a company made or to be made for a brancers are ascertained, there shall be a certificate at foot contributory payment towards the funds or assets there. of, or endorsed on, the notice of motion, signed by the soli. of, or for or towards the payment or discharge of any of citor for the party on whose behalf the motion shall be made, the debts, liabilities, or losses of such company or otherto the following effect, or as near thereto as the circumstan wise : ces of the case will admit.

The word “ Creditor" shall include every person having any I hereby certify, that I have compared this notice with debt or demand enforceable against any company in any the Master's report, (or decree, or both, as the case court of law or Equity, or for nonpayment or nonsatis* may be,) and I further certify, that the stock sought faction of which damages could be recovered: to be transferred (or the money sought to be paid out The word “Person" shall include corporations : of Court, or by the receiver, or as the case may be) The words "the court" shall mean Her Majesty's High * is sought to be transferred (or paid as the case may Court of Chancery in England or Ireland (as the case *be) in exact accordance with the rights and priorities may be) before which any proceeding under this act shall

of the several parties, as ascertained by the said report take place: (or decree, or both as the case may be.')

The word “ Master" shall mean the master in ordinary of And if the notice is not framed in exact conformity with the court for the time being acting in any matter under such report or decree, add these words " save in the follow this act : ing particulars," and then describe with perfect accuracy, The word "Fiat” shall include any commission of bankwherein the notice varies from such report or decree. ruptcy which shall be issued in Ireland, and the words T. B. C. SMITH, M. R. “Court of bankruptcy" shall include any commissioner

acting in the prosecution of any such commission of

10th, April, 1848. The Lord Chancellor desires that a list of short causes be

bankrupt in Ireland, and the Lord Chancellor of Ireland made out in each term to be heard on the second Thursday The words “ Order absolute” shall mean the order absolute

sitting in bankruptcy : in term and following days. That causes set down or bills

for the dissolution and winding-up, or for the winding-up, and answer only, or on reports unexcepted to, or on returns

as the case may be, of any company under this act: to commissioners of petitions be considered as short causes And every word importing the singular number only, shall within this rule, and all other causes in which the solicitor

extend to several persons or things, as well as to one for the party setting down the cause shall hand to the Registrar the certificate of counsel that it is not from its nature,

person or thing, and every word importing the plural

number only, shall extend to one person or thing, as well likely to take time, and is fit to be heard as a short cause.

as to several persons or things, and every word importing MAZIERE BRADY, C.

the masculine gender only, shall extend to a female as IN LUNACY.

well as to a male.

August 21st, 1848. 4. That in citing this act, it shall be sufficient to use the It is ordered by the Lord Chancellor, that, in the letting expression “ The Joint Stock Companies Winding-up Act, of lands the property of lunatics or idiots, the Masters,

1848." Committees and Receivers shall have regard to the provisions

5. That any person who shall be, or claim to be a conof the 23rd and 24th sections of the statute 11 G. 4, and I tributor of a company, may present a petition to the Lord W. 4, c. 65; and that (unless in special cases, and on spe- Chancellor, or to the Master of the Rolls in a summary way, cial grounds, to be approved of by the Lord Chancellor) no for the dissolution and winding-up, or for the winding-up lease of such lands shall be made dependent on the duration of the affairs of such company, in any of the following of the matter of such lunacy or idiotcy; but every such lease cases :sball be made for some certain term, so far as the estate 1. If any company shall have committed any act, which and powers of the lunatic or idiot will admit ;-it appearing

under the said recited acts or any of them would be to the Lord Chancellor that it will be for the benefit of the

deemed an act of bankruptcy : estates of such lunatics or idiots that the leases thereof should 2. If any company shall, by a resolution passed at a have such certainty of duration : and such term shall not in meeting of such company, or of the directors, sumany case be less than twenty-one years, unless otherwise

moned in that behalf, have filed in the office of the especially ordered: and every such lease, where the Master

Lord Chancellor's Secretary of bankrupts, a declaration shall not otherwise direct, shall contain proper clauses, to

in writing that the said company is unable to meet its be approved of by him, for preventing the assignment or engagements : subletting of the lands demised, in addition to the other 3. If any person shall have recovered judgment in any clauses and covenants to be inserted therein pursuant to the

action personal, for the recovery of any demand in any present general orders.

of Her Majesty's courts of Record, against any such MAZIERE BRADY, C.

company, or against any person authorized to be sued as the nominal defendant on their behalf, or against

any one or more of the members or contributories (Continued from p. 56.)

of such company, acting or sued in the name, or on

behalf of the other members or contributories, and shall The word "Member” shall mean any person entitled to a be in a situation to sue out execution upon such judg

share of the assets or accruing profits of any such com ment, and same shall not be restrained or suspended by pany at the time of presenting the petition for dissolving any rule of any court, and there shall be nothing due the same or winding up the affairs thereof under this act : from the plaintiff which may be set off against such The expression “ Constitution of a company" shall mean judgment, and if within ten days after notice in writing

every deed of partnership or settlement, charter, act of served upon a chief clerk or secretary, or registrar of parliament, regulations, or other instrument whatsoever, the said company, or if there be no such officer, then including any bye laws, by or under which the business either on any director of the said company, personally of the same is or was, or is or was intended to be carried or by the same having been left at the head or only on:

office for the time being of such company, requiring The word “ Contributary” shall include every member of a immediate payment of such judgment debt, such com

company, and also every other person liable to contribute pany shall not have paid, secured, or compounded for to the payment of any of the debts, liabilities, or losses the same: thereof, whether as heir, devisee, executor, or adminis 4. If any decree, or order shall have been pronounced in

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