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'ferred to, can be lawfully exercised. And whereas it is 'expedient that in certain cases further time be granted for 'the purposes aforesaid;' that if any railway company, or person authorised by any act, to construct a railway, &c. or to purchase lands for such purpose, may, at any time within two months after the passing of this act, make application, in writing, to the commissioners of railways, setting forth what extension of time is desired, and to what part of the railway, or the works or lands connected therewith, the same is to apply, and the grounds of such application.

2. That if it appear to the said commissioners that there are sufficient grounds for such application, they shall require the company, or person making the same, to give notice of such application having been made, by advertisement, in form approved of by the said commissioners, once in the London, Edinburgh, or Dublin Gazette, accordingly as such railway or works or lands are in England, Scotland, or Ireland, and once in each of three successive weeks in some newspaper published or circulating in each county in which any part of such railway or works or lands is situated, and affixed for three successive Sundays on the principal outer door of the church of every parish in which same is situated; and such notice shall set forth within what time and in what manner any person aggrieved by any such extension of time, and who desires to object, may bring such objections before the commissioners.

3. That upon proof that such notice has been duly given, and after the time appointed for bringing objections before the commissioners, and after considering same, if any brought before them, the commissioners may, by warrant under their seal, and signed by two or more of them, extend the period allowed by any act, for the completion of such railway or works, or for the compulsory purchase of lands for such further time as they think fit, not exceeding two years from the periods allowed by such act, either as to the whole of such railway or works, and the lands required for same, or as to so much as shall be specified thereof in such warrant.

4. That when any warrant is granted by the commissioners, the act authorising the construction of the railway, &c. referred to, shall be construed as if the extended period had been the period within which the powers of such act might be exercised, for the construction of such railway, &c.,instead of the periods mentioned in such act.

5. That this act shall not revive powers expired before such application, and shall not affect any contract or agreement entered into before the passing of this act; and this act, or any warrant thereunder, shall not authorise any extension of the time allowed for the purchase of the lands comprised or mentioned in such contract or notice; and same shall be construed and take effect as if this act had not passed.

6. That within one month after the day any warrant is granted by the said commissioners, they shall cause notice thereof to be inserted in the London, Edinburgh, or Dublin Gazette, accordingly as the railway, &c. mentioned therein, is in England, Scotland, or Ireland.

7. That whenever any such warrant shall have been granted by the justices, arbitrators, &c. who under the provisions of such act shall award the compensation to be made to the owners or occupiers, &c. of lands taken for the purposes of such railway, shall make compensation for the additional damage (if any) sustained by such extension of time. 8. That no railway company who had not before the 27th November, 1847, executed or entered into any contract for the execution of any part of the works authorized by the act of such company, shall within twelve months after the passing of this act enter into any contract for the execution of any works for the first time authorized by such Act, except contracts for the construction of part of any railway substituted by way of deviation, or in lieu of other works authorized by some previous Act, and also contracts for the construction of such works as shall be authorized by consent of the holders of three-fifths of the shares of such company, signified within the time and in the manner hereinafter mentioned, or authorized by an order of the Commissioners of railways published in the London, Edinburgh, or Dublin

Gazette, according as the works are situated in England Scotland, or Ireland; and all contracts entered into in con. travention of this enactment shall be void.

9. That to ascertain such consent, a general meeting of the shareholders of such company shall be held within six weeks after the passing of this Act, of which notice shall be given as adopted for advertising the extraordinary general meetings of such company; and a circular letter shall be sent by post to each of the shareholders to his known address, describing the portion or line of works proposed to be executed, and stating that a meeting of the shareholders will be held as mentioned in such circular, to determine whether a contract for executing such works shall be entered into within the twelve months next after the passing of this Act, and requesting such shareholder to signify his assent to or dissent from same, according to a form contained in such letter, to the effect set forth in the schedule hereto; and shall request such shareholder to return such form, signed or to attend such meeting and deliver same to the chairman; and at the meeting the chairman shall cast up the number of shares held by shareholders assenting to such contract, and dissenting therefrom, and shall publicly announce the number of shares of the shareholders assenting to such con. tract, and those dissenting, and state whether the holders of three-fifths of such shares consent to such contract: and in computing the number of shares of shareholders assenting or dissenting no share shall be taken into account the holder whereof shall not have paid all the calls then due upon the shares held by him.

10. That a certificate under the hand of the chairman, and countersigned by the secretary of the company, stating that such meeting has been duly held, and such letter sent, and such consent given, shall, within one week after such meeting, be deposited in the office of the Commissioners of Railways; and such certificate, or a copy thereof, certified under the seal of the Commissioners shall be evidence in all courts, and before all justices and others, that such consent was duly given within the time aforesaid.

11. 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 referred to by the foregoing Act.

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4. Ships carrying passengers to have a duly qualified
surgeon on board, else number to be limited.
5. When limited, how children to be calculated.
6. Qualification of Surgeon.

7. No ship to proceed, until the Medicine Chest and
Passengers have been inspected by a Medical
Practitioner. Remuneration of medical practi-
tioner. If no medical practitioner can be obtained,
ship may proceed by permission of emigration
officer.

8. Passengers affected with diseases may be re-landed. Penalty on Master wilfully proceeding on voyage with diseased persons on board.

9. Passengers so re-landed entitled to recover passage money by summary process before two justices. 10. Her Majesty may issue orders in council prescribing rules, &c. for preserving order, &c. on board vessels. Evidence of orders, &c.

11. Surgeon or Master to exact obedience to rules and regulations.

12. Penalty for refusing to observe rules and regulations.
13. Colonial Land and Emigration Commissioners to
prepare an abstract of acts and orders in council.
Such abstract to be posted up in each ship. Pen-
alty on Master for neglect; and on person defacing
abstract.

14. How penalties to be recovered.
15. Bond required by first recited act to be security for
observance of provisions of secondly recited act
and this act.

16. Duties of Emigration officer may be performed by
his assistant.

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19. Short title of act.

20. Continuance of act.

21. Act may be amended, &c.

Whereas it is expedient to alter certain provisions of the 5 & 6 Vic. c. 107, intituled An Act for regulating the "Carriage of Passengers in Merchant Vessels, and of 10 & 11 Vic. c. 103, intituled An Act to amend the Passen*gers Act, and to make further provision for the Carriage 'of Passengers by Sea: Be it therefore enacted, That no ship carrying passengers from any place in the United Kingdom, or in the Islands of Guernsey, Jersey, Alderney, Sark, or Man, to any place on the Eastern Coast of North America, or in the islands adjacent, or in the Gulf of Mexico, shall carry more passengers than in the proportion of one passenger to every two tons of the registered tonnage of such ship; and that no such ship shall carry more passengers on board than one passenger for every twelve clear superficial feet, or on the orlop deck, one passenger for every thirty superficial feet; and if any ship shall carry any person beyond such proportions, the master of the ship shall, in respect of every person constituting such excess, be liable to a penalty not exceeding five pounds sterling.

proceed on any such voyage, until the surgeon or some medical practitioner, appointed by the said emigration officer, shall have inspected the medicine chest of the ship, and the passengers, and shall certify to the said officer that the ship contains a sufficient supply of medicines, instruments, and other things requisite for the medical treatment of the passengers during the voyage, and that none of the passengers appear likely, by reason of any disease, to endanger the health of the persons on board: provided that the master, owner, &c. of every ship so inspected shall pay to such practitioner a sum not exceeding twenty shillings for every hundred passengers: provided that in case it shall be impossible to obtain the attendance of such medical practitioner, the master may proceed, on receiving from the said officer written permission.

8. That in case any such surgeon or medical Practitioner shall notify to the Emigration officer at the original port of Clearance, or any other port in the United Kingdom into which the vessel may subsequently put, or in case the said officer shall be otherwise satisfied, that any person likely to endanger the health of the other persons on board, such officer may re-land such person, and his family, and the Master who shall wilfully proceed with any such person on board shall be liable to a penalty not exceeding fifty pounds.

9. That any person so re-landed, or the emigration officer on his behalf may recover by process, before two Justices of the peace, as in the said first-recited act is provided in the cases of monies thereby made recoverable, the whole of the monies which shall have been paid by him or them, or on his or their account, for his or their passage in such ship, from the party to whom the same may have been paid, or from the owner, Charterer, or Master of such ship.

10. That Her Majesty, by any order or orders in council may prescribe such rules and regulations as may seem fit for preserving order, and for securing cleanliness and ventilation, on board British ships proceeding on such voyage, and the said rules and regulations in like manner may alter, amend, and revoke; and that such order in council in the London Gazette, or printed by the Queen's printer, shall be received in all legal proceedings as sufficient evidence of the making and contents of such order.

11. That in every British ship the surgeon, or in ships not having a surgeon on board, the master may exact obedience to all such rules and regulations as aforesaid; under the penalties herein-after provided.

12. That any person who shall neglect or refuse to obey any such rule or regulation, or who shall obstruct the Master or surgeon of such ship in the execution of any duty imposed upon him by such rule or regulation, shall pay a penalty not exceeding two pounds sterling; and the Justices of the peace in any part of her majesty's dominions, before whom any person shall be convicted of such obstruction or resistance as aforesaid, may order such person, in addition to the penalty before mentioned, to be confined for any period not exceeding one month.

13. That the said Colonial Land and Emigration commissioners shall prepare an abstract of the whole or part of this and of the recited acts, and of any order in council 2. That in computing the proportions, two children, under made as aforesaid; and that six copies of the abstract, with the age of fourteen years, shall be computed as one person, two copies of this and of the said acts, shall be delivered and children under the age of one year shall not be included. by the Collector or Comptroller of the Customs of the port 3. That no ship carrying one hundred passengers, shall of Clearance to the master of every ship carrying passenproceed on her voyage without a cook approved by the emi-gers on such voyage; and that such master shall, so long gration officer at the port of clearance, nor unless a conve. nient place shall have been set apart, and apparatus provided for cooking to the satisfaction of the said officer: and if any ship shall proceed on her voyage without same, the master shall be liable to a penalty not exceeding fifty pounds.

as any passenger be entitled to remain in the ship, keep posted, in two places between the decks of the said ship, copies of such abstract, and shall be liable to a penalty not exceeding forty shillings sterling for every day such abstract shall fail to be so posted; and any person defacing such abstract shall be liable to a penalty not exceeding forty shillings sterling.

4. That any such ship shall have on board a surgeon duly qualified, or such ship shall not carry more passengers on the deck upon which the passengers live than in the propor-in such manner, as in the said first-recited act. tion of one passenger to every fourteen superficial feet.

5. That in the calculation of such proportion every child above the age of one year shall be computed as one passenger. 6. That every such surgeon shall be duly qualified to practise in the United Kingdom as physician, surgeon or apothecary, and not to be objected to by the said emigration officer. 7. That, except as hereinafter provided, no ship shall

14. That penalties imposed by this act shall be recovered

15. That the bond required by the said first-recited act, to be given to Her Majesty in respect of ships carrying more than fifty passengers shall be a security, not only for the matters and payments in the said act, but also for the observance of the provisions as well of the said secondlyrecited act, as of this act, and of any regulations prescribed

by any order in council, and for the due payment by the MACHEN'S NEW BRITISH, FOREIGN, Master of such vessel of all penalties adjudged by virtue of the said secondly-recited act, or of this act.

16. That all powers and duties imposed upon the Emigration officer before mentioned, may be performed by his assistant, or, at ports where there shall be no such officer, by the officer of the Customs whose duty it may be to grant a elearance to such ship.

and COLLEGIATE LIBRARY, 28, Westmoreland-street. The plan for supplying the NEW WORKS has given such general satisfaction that the Library has been patronized from its opening by the LORDS LIEUTENANT of IRELAND, and many of the Nobility and Gentry. An unlimited number of copies of each new work added to the Library, according to the demand. BOOK CLUBS supplied on very liberal terms for ready money; or by subscribing to this Library they will find it a great advantage over the old method of purchasing. A Catalogue of established SCHOOL and COLLEGE BOOKS, published by S. J. Machen, can be had on application.

Established A.D. 1815.

The First Meeting of the Members of this Society will be held in their Rooms, No. 45, MOLESWORTH STREET, on SATURDAY NEXT, the 25th inst. Chair to be taken at Eight o'Clock precisely.

17. That term "passenger" shall not include passengers commonly known by the name of cabin passengers; and the LEGAL and HISTORICAL DEBATING SOCIETY. term "ship" shall include every sea-going vessel; and the the term "Master" shall include any person being in command of such vessel; and that, unless there be something in the subject matter, or context repugnant to such construction, every word importing the singular number, or the masculine gender only shall be construed to include several persons, matters, or things, as well as one person, matter, or thing, and females as well as males.

SUBJECT FOR DEBATE.

Will a Writ of Error lie upon a judgment entered up under Section 7 of "the Interpleader Act," (1st and 2nd Wm. 4, cap. 58), on a feigned issue directed under that act?

Barristers, Law Students, and Graduates of the Universities of Dublin,
Oxford, and Cambridge, are eligible for admission.
Members who have changed their residences, or who have friends to
propose, are requested to communicate with the Secretary.
JOHN NORWOOD, Esq. 11, Nelson Street,

John Squire and others,
Plaintiffs.
Charles Blake & others,

Defendants.

IN CHANCERY.

PURSUANT to the decree in this

18. Provided always, that nothing in this act shall apply to any ship in which the number of passengers shall not bear to the registered tonnage a greater proportion than one to every twenty-five tons: provided also, that if in any cause, bearing date the 3rd day of July, action, prosecution, or other legal proceeding under this 1848, I hereby require all persons having act, any queston shall arise whether any ship carrying pascharges and incumbrances affecting the estates sengers, did or did not carry a greater number of passen-way, and county of the town of Galway, in the pleadings in this cause of the defendant, Charles Blake, situate in the counties of Mayo and Gal. gers than aforesaid in proportion to the tonnage, the bur- mentioned, to come in before me, at my chambers on the Inn's Quay, in den of proving that the number of passengers in proportion the city of Dublin, on or before Thursday, the 1st day of February next, and prove the same, otherwise they will be precluded from the benefit of to the tonnage was not greater than that of one person to the said decree.-Dated this 1st day of November, 1818. every twenty-five tons shall lie upon the person against EDWARD LITTON. Dooner and M'Kay, Plaintiff's Solicitors, 5, Kildare-street, Dublin. whom any such action, prosecution, or other legal proceeding may be brought; and, failing such proof, it shall, for WINTER PALETOT, TWO POUNDS. any such purpose as aforesaid, be taken and adjudged that This may truly be denominated both a handsome and "useful coat," the number of passengers so carried did exceed that pro- a gentleman's coat, well cut, nothing outre, particularly becoming and It is neat in appearance, excellent in quality, durable in wear. It is really portion. unassuming in appearance. It can be had of all substances, from a light Llama walking coat to a milled black cloth for sharp weather, and the Tiverton Beaver or Pilot for a very cold day, or for car or gig use, For professional men I particularly recommend the black or Oxford cloth, either of the medium or milled substance. They can either be made to order, or selected from

19. That in all proceedings it shall be sufficient to cite this act by the title of "The North American passengers Act." 20. That this act shall remain in force for one year from the passing, and from thence to the end of the then next session of Parliament.

21. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament. (To be continued.)

LA

This day is published, price 3s. by post 3s. 6d.

AW OF DEBTOR AND CREDITOR IN IRELAND. The new Act for the abolitition of arrest for sums under ten pounds, and for the recovery of the possession of small tenements before Justices of the peace, with a full commentary, Index, notes and forms, adapted for the professional and trading classes.

By WILLIAM GERNON Esq., Barrister-at-law. Dublin: EDWARD J. MILLIKEN. Law Bookseller and Publisher, 15, College-green.

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William Nottidge, Esq., Chairman.
Nicholas Charrington, Esq., Deputy-Chairman.
LIFE.

By the plan of the Union Society the profits are calculated upon the sum insured, and not upon the amount of premiums paid, thus giving a most important advantage to young and middle ages; and for advanced lives the Tables of the Union offer the immediate benefit of lower rates of Premium. All new assurances participate. The premiums are also much reduced on Insurances effected without profits. Detailed Prospectuses of the extended system of Life Insurances (in one case requiring payment of only two-thirds of the premium) may be had gratis. Loans granted on the policies of this office.

THOMAS LEWIS, Secretary.
Agents for Ireland

JOHN GOLD, Stock Broker, 17, COLLEGE-GREEN, Dublin.
EXHAM and KIFT, 68, Eccles-street.

Doctor GRAVES, Medical Examiner.

Wm. Simms, Esq., Linen Hall-Belfast.

Dr. Wm Burden-Medical Examiner.

Exham and Son, South Mall-Cork,
Forest Reid, Esq., Solicitor-Londonderry.
Mr. Worrall, Postmaster-Clonmel.

An Engine and body of Firemen are in constant readiness to at. tend fires, at the company's Engine-house, No. 10,Crown-alley, rear of the Commercial Buildings.

THE

THE READY-MADE DEPARTMENT, where there are many hundreds, in all varieties and sizes, warranted as well made as if ordered.

RICHARD ALLEN,

Irish and West of England Woollen Hall,
52, HIGH-STREET.

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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
on him by the higher classes of society, induces him to apprise his patrons,
and those gentlemen who have not hitherto honored him with their orders,
that he has secured the services of a few of the most experienced Parisian
workmen for the winter season. J. O'D's practical knowledge as a Trow.
sers Cutter having been fully tested in the first houses of the British me.
tropolis, he is therefore fully qualified to produce an article in this depart.
ment of Tailoring, that cannot be excelled in London or Paris.

JAMES O'DRISCOLL, Professed Trowsers Maker,
9, ANGLESEA-STREET.

All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Name and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications-nor will the Editor be accountable for the return of Manuscripts, &c.

Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL LEGE GREEN, or by letter (post.paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication.

TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 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 JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin. Saturday, November 18th, 1848.

Erish Jurist

No. 4.-VOL. I.

NOVEMBER 25, 1848.

PRIC

Per Annum, El 10s. (Sin, le 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 cases of Boddington and Langford, and Kelly and Bonyng, (1 Ir. Jur. 3,) lay down the principle broadly, that, under no circumstances whatsoever, can a receiver purchase an interest, present or future, vested or contingent, in the estate over which he has been appointed. And if the former case which goes further than any ever yet reported -be law, his purchase will be set aside at the instance of a creditor not a party in the suit at the time the purchase was made.

The principle could not by possibility be tested more favourably for the purchasers than in the cases cited, for in both there was neither fraud, suppression, nor concealment. Vendor and vendee dealt at arm's length; there was no evidence of undervalue, they were simply instances of bargains, which, on the doctrine of chances, might or might not turn out to be good.

Boddington v. Langford has not been reported, but we are enabled to give the facts correctly.

The property of the late Lord Langford, being the subject of several Chancery suits, and much embarrassed; shortly after his death Lady Langford -who derived no income from her jointure, the rents of the estate being absorbed in the payment of the interest of prior incumbrances-sold it, and the arrears of an annuity to which she was entitled, during the life of her husband, to the receiver for an annuity, payable quarterly, with a condition that if any gale were unpaid thirty days after the appointed time, she should have the power to rescind the sale, and resume her original rights against the estate. There was no proof, that, at the time of the purchase Mr. Boddington-an incumbrancer puisne to the jointure-was a party in any one of the causes in which the receiver had been appointed. In the year 1840 the bill was filed by Boddington, and subsequently revived by his exeeutors, for a general administration of Lord Lang

Court of Exchequer

Chamber......

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

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

-

(JOHN BLACKHAM, Esq., and A. HICKEY, Esq., Barristers-atLaw.

(JOHN T. BAGOT, Esq., and FLORENCE M'CARTHY, Esq.,

{

Barristers-at-Law.

CHAS. H. HEMPHILL, Esq., and WILLIAM HICKSON, Esq., Bar

risters-at-Law.

ROBERT LONG, Esq., Barristerat-Law.

ford's real and personal estate, and prayed that the receiver might only be declared entitled to such sums as he had actually advanced. The fairness of the transaction was never questioned. When the cause came to a hearing, the Chancellor, Sir Edward Sugden, felt the difficulty of making a decree at the instance of a third party, and the cause stood over to give Lady Langford the option of setting aside the purchase, if so advised this she declined to do-an excellent test of her being satisfied with her contract--and in the following term the purchase was set aside, the plaintiff undertaking to take the place of the receiver in paying Lady Langford, and to indemnify him against any demand by her, and of course on the further ternis of the receiver being paid the amount actually advanced by him.

The estates have not yet been sold, nor has one shilling ever been received out of the rents in respect of the jointure.

Thus, if ever there was a case in which more than justice was done to the creditor, and less than justice to the receiver, it was that which we have stated; and, if that decision be followed, it is not possible to conceive any instance in which a purchase by a receiver can stand; and the rule will be inflexibly established, with even more strictness than that which exists between trustee and cestui que trust, for though the rule is absolute whilst that relationship subsists, yet it is open to the cestui que trust, and to him only, to set aside a purchase by the trustee. In the case under consideration, Lady Langford did not seek relief, nor did the inheritor, but it was granted to a third party, between whom and the receiver no fiduciary character existed, and who thus acquired an advantage for which he never contracted, inasmuch as he lent his money subject to the jointure. Its being extin guished, and the value of the estate thereby enhanced, was an accident which could never have been matter of his legitimate calculation. In every previous case that we have met, such purchases

have been set aside at the instance of those with whom the confidential character had been created, or who had a direct interest in the subject matter of sale. For example, where creditors had a lien upon the subject of sale, here there was none; there they were to be paid out of the fund to be realized by the estate on which they were incumbrancers, the value of which was undetermined, and might fluctuate according to the efforts made to depreciate it, here into whosoever hands the jointure passed, the value of the estate on which it was charged remained unaltered.

Kelly and Bonyng stands on plainer, and, to our judgment, on more solid grounds; there the application was made by the inheritor, and it is quite right that if an agent during his employment-and, as must be presumed from the facilities afforded by his office makes a beneficial purchase, the benefit ought to redound to the principal. Whether the purchase be of a vested or contingent, present or remote interest, and even though the receiver runs all the risk, and the moment the speculation turns out to be profitable-as in the case of a reversionary interest, which, by death, soon falls into possession the principal demands and procures the benefit.

In this case I am of opinion that the plaintiff is entitled to compensation from the defendants, for the damage sustained by the sinking of his boat in the Canal Harbour of Moyvalley. The material facts of the case, as I understand them, and as I consider them established on the evidence, are these. On the night in question the plaintiff's boat had arrived at the harbour of Moyvalley, shortly before the arrival of the packet boat; and after touching at the Moyvalley side, so as to give facility to one of the persons on board to hand out oats for the purpose of feeding the horses engaged in drawing the boat, the persons on board pushed the boat with poles across towards the opposite side of the canal, within a few yards of another boat, which was moored close to the opposite bank, in which position the plaintiff's boat was, when the packet boat entered the harbour or station. It appears that the plaintiff's boat had no light, nor was there a horn on board, which might have been sounded. Between the plaintiff's boat and the Moyvalley side of the harbour, an open space of nearly 30 feet was left the whole breadth at this place being about 67 feet; the packet boat was making for the centre of the arch of the bridge below Moyvalley, and so was moving nearly in the middle of the canal. The night appears to have been dark or foggy, and the packet boat had approached very close to the plaintiff's boat, before the latter was observed; the driver of the horses of the packet boat first observed the boat of the plaintiff, and called out "mind your band," which, it appears, is the customary signal when any boat is seen in advance at night, and is a notification to the steersman of the packet boat that the course of the

We may, however, conclude that the later authorities have now established that a receiver, as a public officer, as well as on other grounds, is disqualified, without leave of the court, from buying any interest in the property over which he has been appointed, and that this rule scarcely admits of an exception. The purchase can always be set aside on the terms of repaying the amount advanced with interest, provided the application be made in time. And this principle applies to pur-packet boat is to be changed. About the same chases by solicitors, agents, or counsel, so long as the relation subsists, whether the purchase be either of incumbrances affecting the estate of their employer, or of the estate itself, the client not being the vendor. Austin v. Chambers, (6 Cl. & Fin. 1); Carter & Palmer, (8 Ib. 657). In either of the instances put they might enter into competition with the owner; but it is not a little singular that a counsel or solicitor is not debarred from dealing directly with a client, even whilst the connection subsists. Purchases in all such cases are looked upon with the utmost jealousy, and, if there be a tinge of fraud, will be set aside; but they are not as strongly prohibited as in the case of trustee and cestui que trust, Champion v. Rigby, (9 Law Journal, N. S. 211, Ch.) There is no incapacity to contract, but the rule, as stated by Sir E. Sugden, is, that the "relation must be in some way dissolved, or, if not, the parties must be put so much at arm's length that they agree to take the character of purchaser and vendor, and you must examine whether all the duties of those characters have been performed." The result being that you can purchase an estate from a client, but you cannot purchase the estate of a client who is not the vendor.

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time it would appear the captain of the packet boat called out to the steersman "starboard," which order it was his duty to obey; but the steersman being at the time on the starboard side of the tiller, put the helm the opposite way, by which the course of the packet boat, instead of being averted from, was directed towards the plaintiff's boat; a collision took place, and the plaintiff's boat went down. According to strict propriety, the plaintiff's boat should either have been moored close at the opposite bank, or at least provided with a light, and a horn to sound; and the packet boat should have kept near to the track line bank, that side being the proper side for the packet to stop at, or to pass along, in the event of overtaking any other boat on the canal.

The strict rule seems to have been frequently departed from, as well by the packet boat as by carrier boats; and on the occasion in question it seems to me that both boats were out of place, and neither properly managed; for the plaintiff's boat should (if not moored) have been provided with a light and horn, and the packet boat, on entering the harbour, should have kept near to the bank on the Moyvalley side, and the person at the helm should have been ready to obey, and have promptly obeyed any order of the captain. The disobedi ence of the order given by the captain was a breach of duty, and it was plainly so considered by the captain, as well as by the defendants, who have since dismissed the steersman. I, therefore, think

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