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restitution of the property to the owner or his representatives; and if such property shall not then be forthcoming, the same justices, whether they award punishment or dismiss the complaint, may inquire into and ascertain the value, and order payment of such sum of money to the true owner by the person or persons convicted, either at one time or by instalments as the court may deem reasonable.

13 That whenever any justices of the peace shall adjudge any offender to pay a pecuniary penalty under this act, and such penalty shall not be paid, such justices, may appoint some future day for the payment of such penalty, and order the offender to be detained in safe custody until the day so appointed, unless such offender shall give security for his or her appearance on such day; and such justices are hereby empowered to take such security, by way of recognizance or otherwise, at their discretion; and if at the time so appointed such penalty shall not be paid, the same or any other justices of the peace, by warrant under their hands and seals, may commit the offender to the common gaol or house of correction within their jurisdiction, there to remain for any time not exceeding three calendar months, reckoned from the day of such adjudication, such imprisonment to cease on payment of the said penalty.

14. And for the protection of persons acting in the execution of this act, be it enacted, that all actions and prosecutions to be commenced against any person for anything done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced within three calendar months after the fact committed; and notice in writing of such action or prosecution, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action or prosecution; and in any such action or prosecution the defendant may plead the general issue, and give this act and the special matter in evidence at the trial and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action or prosecution after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in such action, the plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be, shall certify his approbation of the action, and of the verdict obtained thereupon.

15 And be it enacted, that this act shall extend to Ireland only.

16. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parlia

ment.

Schedule of forms to which this act refers.

}

We

Form of certificate of dismissal.

in

of Her Majesty's justices of the peace to wit. for the county of [or I, a divisional justice of the police district of Dublin metropolis, as the case may be,] do hereby certify, that on the day of the year of our Lord at in the said county of M.Ñ. was brought before us the said justices [or me or us, the said justice or justices,] charged with the following offence, (that is to say.) [here state briefly the particulars of the charge,] and that we the said justices [or I the said justice] thereupon dismissed the said charge. Given under our hands [or my hand] this

Form of conviction.

Be it remembered, that on the

at

day of

day of

to wit. in the year of our Lord one thousand eight hundred and in the county of [or riding, division, liberty, city, &c., as the case may be,] A. O. is

convicted before us J.P. and Q.R., two of Her Majesty's justices of the peace for the said county [or riding, &c,] [or me S.T, a divisional justice, or us, divisional justices, of the police district of Dublin metropolis, as the case may be,] for that he the said A. O. did [specify the offence, and the time and place when and where the same was committed, as the case may be, but without setting forth the evidence ;] and we the said J.P. and Q.R. [or I the said S. T.] adjudge the said A.O. for his said offence to be imprisoned in the [or to be once privately whipped, with or without imprisonment, or imprisonment with hard labour, or to be imprisoned in the and there kept to hard labour for the space of ]; [or we [or I] adjudge the said 4.0. for his said offence to forfeit and pay [here state the penalty actually imposed,] and in defaul: of payment of the said sum to be imprisoned in the [or to be imprisoned in the and there kept to hard labour] for the space unless the said sum shall be sooner paid. Given under our hands and seals [or my hand and seal] the day and year first above mentioned. CAP. LX.

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An Act to continue until the first day of October one thousand eight hundred and forty-nine, and to the end of the then next session of parliament, an Act to amend the laws relating to loan societies. [31st August, 1848.]

CAP. LXV. An Act to suspend until the first day of October one thou sand eight hundred and forty-nine the making of lists and the ballots and enrolments for the militia of the United Kingdom. [31st August, 1848]

CAP. LXVI. An Act to continue to the first day of October one thousand eight hundred and forty-nine, and to the end of the then next session of parliament, an Act for authorizing the application of highway rates to turnpike roads. [31st August, 1848.]

CAP. LXVII.

An Act for further continuing until the first day of August one thousand eight hundred and forty-nine, and to the end of the then next sesion of parliament, certain temporary provisions concerning ecclesiastical jurisdiction in England. [31st August, 1848.]

CAP. LXVIII.

An Act for extending to Ireland an Act passed in the last session of parliament, intituled An Act for better securing trust funds, and for the relief of trustees.

[31st August, 1848.] Sec. 1. Trustees may pay trust monies, or transfer stocks and securities, into the Court of Chancery or Exchequer in Ireland. Certificate of Accountantgeneral to be sufficient discharge.

2. Courts of Chancery or Exchequer to make orders on petition, without bill, for application of trust monies and administration of trust.

3. Where concurrence of all the trustees, &c. cannot be

procured, the court or judge empowered to order
transfer of monies, &c. by the major part of such
trustees, &c.

4. Lord Chancellor, with Master of the Rolls or the
Court of Exchequer, may make orders for pay-
ment, &c.

5. No money paid under this act liable to usher's poundage.

6. Affidavit to state that legacy duty has been paid. 7. Construction of expression "Lord Chancellor." 8. Act may be amended, &c.

in pursuance of any such order, shall be as effectual as if the same had been made by all the persons entitled to the annuities, stocks, or securities so transferred, or the monies or securities so paid or delivered, and shall fully protect and indemnify the governor and company of the bank of Ireland, and all other persons acting under or in pursuance of such order.

4. That the Lord Chancellor, with the assistance of the Master of the Rolls, shall have power and is hereby authorized to make such orders as shall seem necessary for carrying the provisions of this act into effect; and the said court of Exchequer shall have the like power and authority in respect to payments, transfers or deposits made to or with the Accountant General of that court.

5. That no money so paid into the bank of Ireland to the credit of the Accountant General of the court of Chancery, or paid out under any order made under this act by the Lord Chancellor or Master of the Rolls, shall be liable to usher's

6. That every affidavit made on the occasion of any payment of money or transfer or deposit of stocks or securities under this act by any personal representative shall state that the legacy duty has been duly paid.

'Whereas it is expedient to extend the provisions of the 10 & 11 Vict. c. 96,' be it enacted, that all trustees, executors, administrators, or other persons having in their hands any monies belonging to any trust, or the major part of them, shall be at liberty, on filing an affidavit describing the instrument creating the trust, to pay the same, with the privity of the Accountant General of the high Court of Chancery or of the Accountant General of the Court of Ex-poundage. chequer in Ireland, into the bank of Ireland, to the account of such Accountant General in the matter of the trust, in trust to attend the orders of the said courts, and that all trustees or other persons having any annuities or stocks in the books of the bank of Ireland, or of any canal company in Ireland, or any government or parliamentary securities standing in their names, or in the names of any persons of whom they shall be personal representatives, upon any trusts, shall be at liberty to transfer such stocks or securities into or in the name of the said Accountant General, with his privity, in the matter of the trust, in trust to attend the orders of the said courts; and in every such case the certificate of the Accountant General of such payment, or of the transfer or deposit of such stocks or securities, shall be a sufficient discharge to such trustees or other persons for the money so paid or the stocks or securities so transferred or deposited.

2. That such orders shall be made by the said court of Chancery or Court of Exchequer, in respect of the trust monies, stocks, or securities so paid in, transferred, and deposited, and for the investment and payment of any such monies, or of any dividends or interest on any such stocks or securities, and for the transfer and delivery out of any such stocks and securities, and for the administration of any such trusts generally, upon petition presented in a summary way, by such party or parties as shall appear to be necessary in that behalf, and service of such petition shall be made upon such person or persons as the court shall direct; and every order made upon such petition shall have the same authority, and shall be enforced and subject to re-hearing and appeal in the same manner, as if the same had been made in a suit instituted in the court; and if it shall appear that any such trust funds cannot be distributed without the institution of one or more suit or suits, the Lord Chancellor or Master of the Rolls, or the said court of Exchequer, may direct any such suit or suits to be instituted.

3. That if upon any such petition it shall appear to the court or judge that any monies, annuities, stocks, or securities are vested in any persons as trustees, executors, or administrators, or otherwise, upon trusts within the meaning of this act, and that the major part of such persons are desirous of transferring, paying, or delivering the same to the Accountant General of the high Court of Chancery, or to the Accountant General of the court of Exchequer in Ireland, under this act, but that the concurrence of the other or others of them cannot be had, the said courts of Chancery and Exchequer respectively may order that such transfer, payment, or delivery be made by the major part of such persons without the concurrence of the other or others of them; and where any such monies or government or parliamentary securities shall be deposited with any banker, broker, or other depositary, such courts respectively may make such order for the payment or delivery or transfer of such monies, government or parliamentary securities, to the major part of such trustees, executors, administrators, or other persons for the purpose of being paid or delivered or transferred to the said Accountant General, as to the said courts shall seem meet; and every transfer of any annuities, stocks, or securities, and every payment of money or delivery of securities,

7. That in the construction of this act the expression "the Lord Chancellor" shall mean and include the Lord Chancellor, Lord Keeper and Lords Commissioners for the custody of the great seal of Ireland, for the time being.

8. That this act may be amended or repealed by any act to be passed in this present sesssion of parliament.

CAP. LXIX.

An act to repeal so much of an act of the parliament of Ireland of the twenty-third and twenty-fourth years of King George the Third, "for the more effectually punishing "such persons as shall by violence obstruct the freedom "of corn markets and the corn trade, and who shall be "guilty of other offences therein mentioned, and for mak"ing satisfaction to the parties injured," as relates to the making of satisfaction to the parties injured; and to substitute other provisions in lieu thereof; and to repeal the provisions of the acts which give remedies against any hundreds or baronies in Ireland in respect of robbery.

2.

[31st August 1848.]

Sec. 1. So much of recited act as relates to proceedings in actions and recovery of damages repealed. Damages sustained by means of offences against recited act to be recovered by like proceedings as damages are recovered under 6 & 7 W. 4, c. 116, and 7 & 8 Vict. c. 106. Compensation for offences committed in the city of Dublin may be recovered under 4 & 5 Vict. c. 10.

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3. Actions commenced before passing of this act for
recovery of damages under first-recited act may be
discontinued, and such damages may be recovered
by presentment of grand jury.

4. So much of acts 13 Edw. 1, 28 Edw. 3., and 10 &
11 Car. 1, as relates to remedies against hundreds
or baronies in Ireland repealed. Persons having
sustained damage, and for which they might have
a remedy under recited acts, may, having com-
menced an action, proceed to recover damages and
costs under this act. Where damages to be levied.
5. Act to extend only to Ireland.
6. Act may be amended, &c.

'Whereas by 23 & 24 G. 3, (I.,) it is enacted, that if any persons, unlawfully, riotously, and tumultuously as'sembled together, shall after the passing of the said act 'wilfully and maliciously destroy, or shall begin to destroy, any storehouse, mill, granary, corn stack, or other place 'where corn, grain, meal, malt, flour, or potatoes are ' usually stored, or shall unlawfully attempt to enter or break into, any such storehouse, mill, granary, or other place, or take, or spoil, or attempt by force to take, or spoil, 'any corn, meal, malt, flour, or potatoes which shall be 'stored or kept therein, or shall unlawfully enter on any ship, vessel, or boat wherein any corn, grain, meal, malt, flour, or potatoes shall be laden, and wilfully take, carry ' away, destroy, or damage any of the said articles laden

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therein, or wilfully cut, injure, spoil, or take away the said ship, or boat, or the rigging, furniture, tackle, or rudder, or any part of such ship, or boat, rigging, furni ture, or tackle, or by force obstruct or endeavour to obstruct the loading or carrying any of the said articles on board any ship, or boat, or shall unlawfully, prevent or ⚫ endeavour to prevent any ship, or boat laden therewith, or in which any of said articles shall be laden, from sailing, or shall unlawfully, and by force, detain, take, or drive away any horse, car, cart, carriage, or boat laden with any of the said articles on the way to or from any mill, store, granary, or market, sea-port or place of shipping, with the intent to prevent the corn, grain, meal, 'malt, flour, bread, biscuit, or potatoes therein, or laden thereon, or any part thereof, from being taken to the house, vessel, storehouse, place, or person to which it was intended to be carried, or shall kill or maim any horse or horses or other beast or beasts laden therewith, or shall cut or otherwise break or destroy any of the sacks, or 'scatter any of the aforesaid articles, wherewith such car, cart, carriage, horse, or boat is or shall be laden, or take away or distribute, or compel the owner, driver, or conducter thereof to distribute, sell, or otherwise dispose of any such article wherewith such car, cart, carriage, boat, 'horse, or other beast is laden, or any part thereof, or shall destroy any weir, sluice, mill dam, drain, or outwork belonging or appertaining to any mill, every such person 'so offending in any of the said matters, and all persons unlawfully, riotously, or tumultuously assembled, who ⚫ shall aid or assist in the commitment or the attempting to 'commit any of the said offences, being thereof lawfully con'victed, shall be adjudged felons, and shall suffer the punish'ment in that act provided; and that all damages sustained by the offences aforesaid, or by any violence contrary to the said act, may be recovered by action in any of His Majesty's Courts of Record in this kingdom, by the person 'or persons injured, his, her, or their executors or administrators, against the chief or other magistrate of the county

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' of the town or city, or against any one or more of the in

Anne Twibill, Plaintiff, Thomas Benison, John Benison, and another,

Defendants.

CHANCERY.

PURSUANT to the Decree made in

this Cause, bearing date the 22d day of June, 1818, I hereby require all Creditors of Richard Ben. ison, deceased, in the pleadings in this cause named, and all persons having charges and incumbrances affecting the lands of Dulargy, and the tenement and premises in Ravensdale, heretofore used as a Bleach Mill, called the little Engine Concern, situate in the Lordship of Ballymascanlan, Barony of Lower Dundalk and County of Louth, and the said Richard Benson' one undivided fourth part of the lands of Bally worken and Drumnakell, situate in the Barony of O'Neiland East, and County Armagh, being the lands and premises in the pleadings in this cause mentioned, to come in before me at my Chambers on the Inns Quay, in the City of Dublin, on or before the 16th day of April, 1849, and proceed to prove the same, otherwise they will be precluded from the benefit of the said Decree. Dated this 20th day of February, 1849. EDWARD LITTON. Charles Gaussen, & Co., Plaintiff's Solicitors, 72, Eccles.street, Dublin.

IN CHANCERY,

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PURSUANT to the Decree of

Her Majesty's High Court of Chancery, made in this cause, bearing date the 17th day of April, 187, I wil on MONDAY, the 23rd day of APRIL next, at the hour of One o'clock in the Afternoon, at my Chambers, on the Inns Quay, in the City of Dublin, SET UP and SELL to the highest and best bidder, all that and those the LANDS commonly called the DONORE ESTATE, in the County of Westmeath; that is to say, the Manor or reputed Manor of Danure, otherwise Donore, Coolfin, Ballinlabane, Ballinlahave, otherwise Ballin lavin, Hospitalstown, Skehane, Garry cloone, Thenlemore; and also all that part of Donore called the Green House Farm, and the Customs and Tolls of the Fairs and l'atterns of Donore; and also that part of the Landa of Ballinlahave, called the Red House Farm; and also the Lands of Spittlestown and its sub-denominations; also the Town and Lands of Bally. brickogue, otherwise Rosemount, Killachunney, otherwise Killacunney, Capperakirk, Ballynegall, and part of Ballintubber, Cloghlah, and Brack. neherla, otherwise Bracknchowla; and also the Town and Lands of Agha, brak, Carne, Killare, Gibbstown, and part of Cloghenna, Cloonerina, Streamstown, Killinagh, Ardvana, Garthy, and the House and Offices of Jamestown-all situate in the County of Westmeath, or a competent part thereof, for the purposes in said Decree mentioned.

Dated this 27th day of February, 1819.

EDWARD LITTON,

For Rentals, and further particulars, apply to Mr. RICHARD P. TIGHE, the Plaintiff's Solicitor, No. 20, Middle Gardiner Street.

NEW BOOKS, PUBLISHED THIS SEASON;

habitants of the parish in any county; and if judgment THE NATURAL HISTORY of IRELAND, By Wil'shall be given for the plaintiff or plaintiffs, the damages

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liam Thompson, Esq., Pres. Nat. Hist. and Phil. Soc. Belfast, Bra vol. 1. Birds, 434 pp., 16s.

2. EPISODES of INSECT LIFE. Crown. 8vo. 36 engravings, 16s coloured and bound in silk, 21s.

3. THE POETRY OF SCIENCE, or STUDIES OF THE PHYSI CAL PHENOMENA OF NATURE. By Robert Hunt. 8vo. 487 pp.

128. London: Reeve, Benham and Reeve. Dublin: EDWARD J. MILLIKEN, 15, College-green.

tors or administrators: and whereas great expenses are incurred in proceeding under the said recited act, and it is expedient that such damages ahould be recoverable by · more summary proceedings: be it enacted, that from and after the passing of this act so much of the said act as provides that any damages sustained by means of any of the offences, or by any violence committed against or contrary LEGAL AND HISTORICAL DEBATING SOCIETY.

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Just published, 4th Edition, 12s. 6d. cloth boards,

THE PRECEDENTS AND GENERAL ORDERS for

the MASTRR'S OFFICE of Her Majesty's HIGH COURT OF CHANCERY in IRELAND, with the authority of the Masters; with Practical Notes and References. By THOMAS JOHN BEASLEY, A. M. Solicitor.

NB-This Edition contains all the Orders of the Court of Chancery up to the day, with the Sections relating to the Master's Office of the Ac to Facilitate the Sale of Incumbered Estates in Ireland.

Dublin: T. O'GORMAN, Law Bookseller and Publisher, 33, Upper Ormond Quay. London: Stevens and Norton, Bell-Yard, Lincoln's Inn

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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. Quarterly, 98

Half-yearly, 17s.

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 OREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, March 10, 1819.

Erish Jurist

No. 20.-VOL. I.

MARCH 17, 1849..

PRICE

Per 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

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THE proposition of Sir Robert Peel for a resettling of the province of Connaught on the plan of the Plantation of Ulster-has taken the public some. what by surprise. But, although the magnitude of the measure is at first sight rather astounding, yet it is very far from being an.impracticable one, or one, the result of which would not redound incalculably to the national advantage.

The two great facts on which are based the argument for the necessity of some such bold and comprehensive policy are; Firstly, that before any practicable good can be effected in the suffering districts of Ireland a change of proprietors must take place; And secondly, that in order to prepare for, and effectuate such a change, a legislative interference will be necessary.

The recent attempt to effect a transfer of property on a large scale, through the medium of private interference, has proved a failure. This was the design of the Irish Incumbered Estates Act, which, for many reasons heretofore adverted to by us, has signally failed, and, unless much altered, will never be the means of any large amount of property changing hands. As a palliative for existing evils in this country it is totally useless, and simply, because those estates most requiring a change of proprietors are just those least likely to find purchasers.

Court of Exchequer

Chamber......

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Queen's Bench, including Civil Bill and Registry Appeals......... Exchequer of Pleas, including Manor Court

JOHN BLACKHAM, Esq., and

A. HICKEY, Esq., Barristers-atLaw.

(FLORENCE M'CARTHY, Esq., and SAMUEL V. PEET, Esq., Barristers-at-Law.

CHAS. H. HEMPHILL, Esq., and

risters-at-Law.

and Registry Appeals. WILLIAM HICKSON, Esq., Bar{ROBERT GRIFFIN, Esq., Barris

Common Pleas.............

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ter-at-Law.

cases, that the intermediate ownership of the crown would be productive of much good, cannot be questioned. No dwarf remedy can abate an evil so gigantic.

A great proportion of the lands in the distressed districts of Ireland requires the hand of the improver to render them fit for profitable cultivation, and many of our prudent resident landlords have long acted on this principle in the management of their own estates. When they find a tenant pauperised, his land exhausted, and incapable of paying either rent or rates, they take the farm into their own hands, and improve its condition, and, when it is said to be brought "into heart," hand it over to a better cultivator, with means and will to make it productive for his own benefit and that of his landlord. And, on a large scale, this is just the office proposed to the government commissioner by Sir Robert Peel's plan.

Now, the land, and the people of Ireland, are "out of heart." To restore the one, and revive the other, we hope soon to hear of the introduction of a bill to carry into effect this plan, or some modification of it. The present is not the time for entering into the detail of the question, or the manner of working it out, but, as a matter more peculiarly within our own province, we would point to the large amount of rental of Ireland under the management of the Court of Chancery, as a vast field upon which the government commissioner might at once commence his operations, with great ease to the executive, and great advantage to all interested.

The estates under the control of the court offer many facilities for the purpose; and, in the most distressed of the western counties, viz., Galway, Mayo, Sligo, and Roscommon, we find by the Chancery return of last session that the number of properties under the Courts of Chancery and Equity Exchequer are 153, representing a rental of about

We have already demonstrated that none but the owners of incumbered estates will avail themselves of this act, and few of that class will be inclined to do so. Their energies are prostratetheir means a blank, and, above all, they have nothing to expect for themselves by forcing into a depreciated market their ill-cultivated, and overpeopled estates. And, when lands lie waste, and hands are idle, and no limit to the liability to poor-£120,000 per annum. rate, who would become a purchaser? In such

The greater number of these properties are

man

destined to be sold for payment of debts. The of Chancery; and that while the hard-working amount of incumbrances, and the rights of parties, active, honest resident proprietor, struggles are generally ascertained; and, as the reported fully to support his poor, and cultivate his land, he creditors we may presume-would have no objec-is bowed down and overwhelmed by the superven tion to accept of charges on the consolidated funding poverty of those neglected Chancery estates, in lieu of their claims on the land, no impediment We believe that the heads and officers of our would stand in the way of the Commissioner Equity Courts are feelingly sensible of the evils of armed with a Chancery injunction-at once going the present system, and, as far as their powers extend. into possession. would gladly contribute their aid to the improve A very grave question here presents itself to our ment of estates under receivers, and the assistconsideration, namely, how far the Court of Chan-ance of the poor upon them; but they have little cery, with its great power for good or for ill, might not, at least to a certain extent, have fulfilled some of the duties to be allotted to the government commissioner, by acting, through its officers, as the intervening mediator between the litigant creditor, the owner of the estate, and the occupiers of the soil-and thereby have saved or avoided much of the misery which the occupants of such estates, and the owners of them, are now suffering.

power, unless with the consent of all parties interested. The Court is bound to protect the creditor. He seeks the aid of the law, and demands "penalty and forfeit of his bond," and the administrators of the law are coerced to guard his rights, no matter at what sacrifice either to the debtor, or to the occupier, or to the interests of the community at large.

The Court appoints its officer to take charge of the estate-and he is not inaptly named a receiver When the owner of an estate is deprived of the in contradistinction to the agent of an estate, superintendance and control of his own affairs- whose duties are not alone confined to the pounds, when his tenantry and dependants, those habituated shillings, and pence of the rental; but, unfortu to look up to him for counsel, assistance, and relief nately the duty of a Chancery receiver begins and in distress are by the order of the court placed ends with the column of receipts, and the column under the dominion of a stranger-when old con- of arrears. He knows nothing in his dealings with nexions are broken up, and old feelings and asso- the tenantry of the principle of Give and Take ciations disarranged by the embarrassments and which smooths and facilitates the dealings of mandifficulties of the landlord, if it be an axiom-kind with each other. His cry must still be that of which none will now dispute that property has its duties as well as its rights, at such a moment, and under such circumstances, it is peculiarly necessary that the law which transfers the rights of the owner another, should at the same time well provide that the recipients of that owner's duties should suffer as little as possible by his misfortunes. We fear we must look in vain for any instance under the court of the exercise of that fostering care of the land, or of the tenantry, so needful in such a case, and we believe we may safely challenge the whole extent of Ireland to produce one solitary instance of improvement in property effected, or real benefit derived, by contact with the Court.

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We have already, on more than one occasion, pointed out the evils of, and bad effects resulting from, our present system of the management of property under our Equity courts; and, while that system exists unaltered, we fearlessly assert that no improvement can possibly take place on these estates, or, we may almost say, on any estates in the vicinity of them, for, in nine cases out of ten, from their neglected condition, they are hot-beds of pauperism, and fruitful nurseries for claimants of out-door relief; inflicting burdens on, and tainting the moral condition of the whole neigh

bourhood.

Sir Robert Peel dwelt much upon the miserable condition of the people of the Ballina union, and drew from the Report of Captain Hamilton many arguments to prove the necessity for a change of proprietary in Ireland.

That report is indeed instructive, and as suggestive of facts to us as to him; and what does it teach

"the daughters of the horse-leech-Give, Give!" and, without means or power to improve the land, or stimulate the industry of the people, he must come to his reckoning, and account for his full tale of rent, with all the terrors of disallowed poundage, and personal liability for arrears, hanging over his devoted head.

The responsibilities of the office will render it extremely difficult to procure gentlemen of property or position to undertake the dangerous duties of Chancery Receiver.

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The calamitous condition of our peasantry ceases to be a wonder, when such is the system under which a surface of country, representing one million and a half of rental-equivalent to that of the whole province of Connaught-is managed, and on which the average expenditure for improvements does not exceed five shillings per cent. per annum; and when, by the return furnished to parliament last year, it appears that out of a rental of over nine hundred thousand pounds per annum, not one shilling has been expended on improvements since the appointment of the receivers.

We feel happy in the knowledge that the present session will not be allowed to pass, without the appointment of a committee to inquire into this most important subject; and we are aware that a plan has been devised for the better management of estates under the Court of Chancery, by which, with perfect justice to creditor, owner, and occupier, the country at large will be materially benefitted.

us? that in this small district-admittedly one of A KNOWLEDGE of the legal rights and liabilities the most miserable in Ireland-there are no less arising from the relation of landlord and tenant than eighteen estates under receivers of the Court under instruments not under seal, is of much im

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