Page images
PDF
EPUB

CAP. LXXXVII.

IN CHANCERY. An act to extend the provisions of an act passed in the first John Thomas Holland, year of his late Majesty King William the fourth, in

Paintier.) PURSUANT to the Decree in

this cause, bearing cate the 17th day tituled an act for consolidating and amending the laws for John Hughes, and

of November, 1818, all pursotus hariage facilitating the payment of debts out of real estate. Henry Hughes,

charges or incumbrances affecting the

Lands and Premises in the pleading in [31st August, 1848.]

Defendants.

this cause mentioned; that is to say, An Sec. I. Recited provision to extend to lands, &c. of a de- Lands of DRUMNIGLERAGH and CONRAS, containing 123 Alce ceased debtor, in certain cases.

late Irish plantation measure, situate in the Parish of Enniskeen, Batohy 2. Act may be amended, &c.

deceased, are hereby required to come in and file charges in my Obleece

foot of their Incumbrances, on or before the second day of April, 1880 • Whereas by the 11 G. 4, & 1 W. 4, c. 47, it was otherwise they will be precluded from the benefit of said Decree. • (amongst other things) enacted, that where any lands, Dated this 19th day of February, 1819. tenements, or hereditaments had been or should be de

E LITTON

Robert Ross Todd, Plaintiff's Solicitor, 'vised in settlement by any person or persons whose estate

7, Henrietta Street, Dublin, and Newry. • should be liable to the payment of any of his or their debts, and by such demise should be vested in any person or persons

NEW LAW BOOKS. or life or other limited interest, with any remainder, limita* tion, or gift over which might not be vested, or might be A TREATISE ON TULE LAWR OF PROPERTY, as

vested in some person or persons from whom a conveyance 1 vol. royal svo. £i lis. 6d, boards. could not be obtained, or by way of executory devise, and * a decree should be made for the sale thereof for the pay- THE LAW OF HUSBAND AND WIFE. A Treatise * ment of such debts, the court by whom such decree should upon Roper's Treatise, and comprising Jacobs' Notes and Additions there be made might direct any such tenant for life, &c., to con- By J. E. WRIGHT, Esq. of the Inner Temple, Barrister-at-Law, z toh, vey, surrender, or otherwise assure the fee simple or other royal 8vo. £2 108 boards.

interest to the purchaser or purchasers, or in such man- A TREATISE ON THE LAW OF LEGACIES. Bp • ner as the said court should think proper; and every such Grays.inn; and by H. H. WHITE, Esq., Barrister at Law, of the wil • conveyance, or other assurance should be as effectual as if dle Temple Fourth Edition, 2 vols, royal Svo, £335, boards."

the person who should make the same were seised or pos- ROSCOE'S LAW OF NISI PRIUS EVIDENCE. A sessed of the fee simple or other whole estate so to be sold: and whereas the herein-before recited provision does not By H. ROSCOE, Esq., of the Inner Temple, Barrister-at-Law. Setement

Edition, with considerable additions, by E. SMIRKE, Esq. Barriste.st extend to the case of lands, tenements, or hereditaments of Law. 1 vol. royal l2mno, 24s. ' a deceased debtor which are by descent or otherwise than A TREATISE ON THE LAW.OF EVIDENCE, as

by devise vested in the heir or co-heirs of such debtor, administered in England and Ireland; with Illustrations from the • subject to an executory devise over in favour of a person of the Middle Temple, Barrister-at.Law. 2 vols, royal 8vo. £2 18.

American and other Foreign Laws. By JOHN PITI TAYLOR, ER, or persons not existing or not ascertained, and it is expedient that the said act should be extended :' be it there. A SELECTION OF LEADING CASES IN Various

Branches of the Law, with Notes. By JOHN WILLIAM SMITH, fore enacted that the said recited provision of the said act Esq., of the Inner Temple Barrister.at. Law. Third Edition. R$ 11,8 shall extend and is extended to any case in which any lands, KEATING. Esq, and "JAMES S. WILLES, Esq., of the Inner Temple, tenements, or hereditaments of any deceased person shall Barristers at Law. 2 vols, royal 8vo. £2 12s.6d. by descent or otherwise than by devise be vested in the heir

UESTIONS FOR LAW STUDENTS on the Second

Edition of Mr. Serjeant Stephen's New Commentaries on the Law or co-heirs of such persons, subject to an executory devise of England. By JAMES STEPHEN, Esq. of the Middle Temple, Bat. over in favour of a person or persons not existing or not rister.at. Law. '1 vol. 8vo, cloth boards, price 103.6d. ascertained ; and in such case the court in the said provi- A TREATISE Tons the Law of FXECUTORS and sion may direct such heir or co-heirs, notwithstanding such heir or co-heirs, or any of them, may be an infant or infants, El Barrister-at Law. Fourth Edition enlarged. 2 rok, royal Sra.

£3 . to convey, or otherwise assure the fee simple or other in

EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, Colkge terest to the purchaser or purchasers, as the said court Green, Dublin, shall think proper ; and every such conveyance, or other assurance shall be as effectual as if the heir or co-heirs who LEGAL AND HISTORICAL DEBATING SOCIETY. possessed of the fee simple or other whole estate so to be no AS, MOLESWORTH STREET, on FRIDAY EVENING, the tai

A Meeting of the Members of this Society will be held in their Rocens, sold, and, if an infant or infants, was or were of full age. April.' Chair to be taken at Eight o'clock precisely.

2. That this act may be amended or repealed by any act Barristers, Law Students, and Graduates of the Universities of Dubăn, to be passed during this present session of parliament. Oxford, and Cambridge, are eligible for admission. (To be continued.)

Members who have changed their residences, or who have friend ta

propose, are requested to communicate with the Secretary. IN CHANCERY.

JAMES F. WRIGHT, Esq. 11, Lower Ormond Quay. Thomas Kemmis, Esq.

Plaintiff,

PURSUANT to the Decree of
Sir Richard Nagle, Bart.
Her Majesty's High Court of

O'DRISCOLL, Dame Mary Bridget Nagle,

Chancery, made in this cause, bearing George Pilkington, date the 17th day of April, 1817, I will,

PROFESSED TROWSERS MAKER, Luke M'Donnell, and

on MONDAY, the 23rd day of APRIL John Ennis, next, at the hour of One o'clock in the

9, ANGLESEA.STREET. Defendants.

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

All communications for the IRISH JURIST are to be left, addressed LANDS commonly called the DONORE ESTATE, in the County of Westmeath; that is to say, the Manor or reputed Manor of Danaure,

to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEOE otherwise Donore, Coolfin, Ballinlabane, Ballinlahave, otherwise Ballin.

GREEN. Correspondents will please give the Name and Address

, as the lavin, Hospitalstown, Skehane, Garry-cloone, Thenlemore; and also all columns of the paper cannot be occupied with answers to Anonymous that part of Donore called the Green House Farm, and the Customs and Communications--nor will the Editor be accountable for the return of Tolls

of the Fairs and l'atterns of Donore ; and also that part of the Lands Manuscripts, &c. of Ballinlahave, called the Red House Farm į and also the Lands of Spittlestown and its sub.denominations; also the Town and Lands of Bally Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL. brickogue, otherwise Rosemount, Killachunney, otherwise Killacunney, LEGE GREEN, or by letter (post paid), will ensure its punctual delivery Capperakirk, Ballynegall, and part of Ballintubber, Cloghlah, and Brack neherla, otherwise Bracknehowla; and also the Town and Lands of Agha publication,

in Dublin, or its being forwarded to the Country, by Post, on the day of brak, Carne, Killare, Gibbstown, and part of Cloghenna, Cloonerina, Streamstown, Killinagh, Ardvana, Garthy, and the House and Offices of Terms or SUBSCRIPTION-(payable in advance): Jamestown-all situate in the County of Westmeath, or a competent pait thereof, for the purposes in said Decree mentioned.

Yearly, 30s. Half-yearly, 178. Quarterly, os Dated this 27th day of February, 1849.

EDWARD LITTON. For Rentals, and further particulars, apply to Mr. RICHARD P. FLEET.STREET, in the Parish of St Andrew, and published at Ox

Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 5, VESEY DALY Solicitor for the defendants, Sir Richard Nagle, Bart., COLLEGEOREEN, in same Parish, by EDWARD JOHNSTON 51, Blessington Street.

MILLIKEN, residing at the same place, all being in the County of the
City

of Dublin, Saturday, March 21, 1819.

J A MES

Irish Jurist

No. 22.-VOL. I.
MARCH 31, 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 :

ROBERT LONG, Esq., Court of Chancery, in

Court of Exchequer

John BLACKHAM, Esq., and and

Chamber......

A. HICKEY, Esq., Barristers-atcluding Bankruptey John Pitt KENNEDY, Esq., Bar

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

Queen's Bench, includ- S FLORENCE M'Cartux, Esq., and WILLIAM BURKE, Esq., and ing Civil Bill and Re-3 SAMUEL V. Peer, 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. cluding Manor Court WILLIAM HICKSON, Esq., Barand

risters-at-Law. Equity Exchequer

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

Common Pleas....

ROBERT GRIFFIN, Esq., Barris

ter-at-Law.

DUBLIN, MARCH 31, 1849.

is filed—the mortgagee, like Tantalus sitiens, lives in expectation that he will soon receive his interest. But, no; a little patience. The answer

admitting the justice of your claim must be put in, We resume this week the consideration of a sub- for which it is not unreasonable to allow three ject to which we have already called attention. months—the court says two—after appearance; but, We are so impressed with the importance of advo- in addition to this period, there is the time lost in cating a change in the system of managing estates enforcing appearance, and answer after appearplaced under the control of our Courts of Equity, ance. Making allowance for vacations and the rethat we shall not slacken our exertions until we see luctance to be too sharp on a defendant, we are some practical measure carried into effect for the satisfied more than three months, on the average, redress of an universally-admitted national evil. is consumed between the time of filing the bill and

We have shewn that no doubt exists, in all quar- the filing of the answer. It is then necessary to ters, of the defectiveness of the present system of consider whether its admissions be sufficient to jusreceiverships, and we have not done this for the tify an application for a receiver, as the motion idle object of pointing out grievances, but because rests on Equity confessed in the answer. Assume we knew that practical and intelligent heads were that they are sufficient, some time must elapse before at work to improve that system, and we were the application is heard, and after it has been anxious to lend our humble efforts to promote a heard, before the order is taken out and the referuseful measure of law reform.

ence carried before the Master-then used to come When an estate is placed under the Court of the contest for the appointment. We do not supChancery, the ad interim ownership is vested in it, pose there is much competition now, as the office ostensibly for the benefit of the creditor, but that has lately not been very desirable ; and there is, benefit is not what it is capable of being made, and also, the delay of the receiver perfecting his own certainly it is to the loss of the owner, the injury recognizance and requiring his sureties to perfect of the occupier, and of the country generally. It theirs. The court thinks it but fair, also, to give is not difficult to prove these propositions seriatim. him ample time to make himself acquainted with

Ist. The creditor is not benefitted to the extent the property; he has to be furnished with a rental he might be; in other words, the court does not do' by the mortgagor, who withholds it as long as for him one-half that, which under better manage- | possible, and then returns “ no arrears," having ment, it might do.

used his utmost diligence (from the moment the bill The question as to him is a pure money one has been filed until the day notice of the appointhe cannot get, bis money without the aid of the ment of the receiver has been served on the court, through that aid he gets it slowly, ex- tenants) to collect their arrears, taking as much pensively, and unsatisfactorily. Every one knows money as he can procure; when that is exhausted, this as a matter of fact; it is not a mere vague taking the rent in kind, corn, and cattle, and, as a generality, it is true in particular and detail. Let premium for prompt payment, giving receipts in us test the fact.

full. Suppose a year's interest due to a mortga The receiver need not pass his first account gee; the mortgagor cannot, or will not pay until he has been fifteen months appointed; and it ---applications by principal and solicitor are even that time may, by judicious management, be made ineffectually --a bill becomes necessary, and extended a little. His costs forin the first lien on

the fund, and he has, after deducting them, three of Chancery does not do for the creditor one-half weeks to invest the balance appearing on his that it might. It may, after much delay, give him account. By the time the creditor applies for that back his talent, but it has not made anything of it balance-if he be in a position to do somby having during the time it has been retained in pledge. a decree, or an undisputed priority, we are under It has never been stated with sufficient promj. the mark in fixing a year and nine months from nence, that no person, or class of persons, is bene the period of tiling the bill until he touches a fitted by the present system of judicial estate shilling of interest, the arrears of which have thus management, except, it may be, the few solicitors swelled to two years and nine months.

who are concerned for receivers. Not the creditor

, This, we say, is the ordinary practice of the at least not to the extent he might be—for it is court. We are quite aware that the present Master not enough for him that the court should be of the Rolls, to mitigate this evil, in cases where judicial pound to keep property safe, it should the right is clear, makes prospective orders on also improve or enhance its value during the period receivers to pay moneys as they come to their hands, of its custody. An estate is taken from a probut in the majority of cases, such orders are not prietor by a creditor, and transferred for safe made, or capable of being made; and if made, in keeping to a locum tenens, which should be onsome degree may be baffled by the receiver, as it nipotent, and yet is impotent. Admitting that cannot be tested that he has money in his hands there may be required for the creditor an auxiliary until his account be passed.

for the recovery of his debt, safe and sure ; but in Now, we pause here to re-state our proposition, guarding his interests, those of others must not be that the creditor is not benefitted as he might be by sacrificed, and, above all, not sacrificed without the jurisdiction of the court, which, let it be ob- benefitting him. Law expenses entailed by the served, has been set in motion by and for him; he present mode of management, and a deteriorated receives his money slowly, expensively, and unsatis-estate, are the consequences of Chancery interfactorily, one year and nine months from the time ference to the owner. Neither of these things are he sought the aid of the court. During this long beneficial to the creditor; they are, on the con interval he gets no interest upon interest; he is out trary, detrimental, as they diminish the value of of his money, he can turn to no profitable purpose his security; and thus, without enriching him, the that fund which he might have made reproductive owner is made poor indeed. These are the confor himself, and with benefit to the country, and sequences which the creditor never anticipated which the court does not render fructifying either for never wished for when he sought the assistance him or any one else, except it may be the receiver, of the court, and are equally prejudicial to him as who is precisely the only person for whose interest to every one else. no responsibility devolves upon it. Thus the cre We have already pointed out the evil effects of ditor and the country suffer alike.

the system on owner, occupier, and country, but We have restricted our observations to the eco- we shall again return to the subject, and state furnomic view of the question, but the social ills, the ther facts. family sufferings which are entailed by postponed payments are incalculable and grievous.“ Bis dat qui cito dat,has never been the motto of a Court Few questions, in practice, have led to so many of Equity

nice and subtle distinctions as those relative to the Now we have shewn a mischief which is ob- production of documents on interlocutory appliviously capable of amendment-so far as the preli- cations. minary steps necessary to place the property under We have been led to the consideration of the the control of the court are concerned, the acce- subject, both by the number of the cases and the leration of them may be accomplished without the conflict of authority; some judges leaning to disinterference of the legislature, by new general covery, and others to privilege and protection orders which the Chancellor and Master of the The number of cases occurring in England is Rolls have power, from time to time, to make ; but almost amazing, occasioned, in some degree

, by the for the due management of the property now under non-existence of a general registry, discovery is its care, the assistance of the legislature is requi- more difficult, and accordingly more pressed for site. There is no difficulty in having officers of by the plaintiff, and more surely resisted by the the court to receive the rents, and have them defendant than in this country. It was the obserinvested so as to fructify from the moment of their vation of a celebrated popular writer, that half the collection.

miseries of the world spring from foolish mysteries; We refrain, at present, from entering into fur- and the remark holds with as much truth in the ther detail on this branch of the subject, not from legal as in any other world. The unnecessary desire the inability or difficulty of doing so, but because for concealment, the studied disingenuousness of we do not think it right to forestall a carefully legal documents

, are productive of much litiorganized plan which has been prepared by a com- gation. For our own part

, we are much more disa petent hand, and which will be laid before a com- posed to acquiesce in the soundness of the views mittee of the House of Commons, so soon as it of Lord Langdale, than in those of any of his has been appointed to examine into the whole brethren who dissent from him. He considers the system of Chancery estate management. Our object of a Court of Equity to be, to enforce disa readers must concur with us, that even so far as covery by the confession of the defendant

, on his the creditor is concerned, our premise and our con- oath, and therefore believing the plaintiff entitled clusion were correct, when we stated that the Court to the fullest information, he will not allow it to be

rithlıeld by an answer, which, half confessing, ant's, and so long as Hardman and Ellames* conalf denied, (to use his own language) he considers tinued law, that reference incorporated it with he answer « should lay naked the heart of the the answer, and made its production compulsory. lefendant."

As to opening the door for fraud, it might be, and A difference of opinion exists between the Irish we believe was observed, that it would be a reChancellor and Master of the Rolls on one branch proach to the efficiency of a Court of Equity, to f this subject. Whether a party having a sole allow a tenant for life to have the uncontrolled doresent right to the possession of title deeds, and minion over the title-deeds of his property, to dmitting, by his answer, their possession, mate- bring them into the market, for the purpose of iality, and relevancy, can yet refuse to produce borrowing money, to make every imaginable use of hem, on the ground of absent parties having an them, if he pleased, to post them on the walls of nterest in them, the object of the suit affecting the court ; and yet be enabled to screen himself hose absent parties.

from discovery, on the allegation of an absent The case to which we allude is that of Dundas party having an interest in them, he would then be 1. Blake (9 I. E. R. 640 ; 10 ib. 260), where allowed to use them for self-interest and withhold however, the point was made at the argument, and them for his own, and not the purposes of justice. not raised by the defendants in the pleadings. The That whether the suit affected the inheritance or material facts are short. The bill was filed to not was immaterial, the injury would be the same carry into execution the trusts of a will, and to to the remainderman, if it only affected the liferaise the amount of a mortgage and judgment, estate, and production was enforced, the informawhich were barred by the Statute of Limitations, tion once obtained, could be used ever after. and only existed under the trust. (It has been The argument might be put thus. If you limit since held, that they were not saved from the ope- the relief you seek, to the person before the court, ration of the statute, ante, p. 121). One of the the plaintiff is either entitled to discovery from that defendants derived under the will

, the property person, or he is not. If he be, as he unquestion. having been appointed to him under a power, and ably must be from the admission in the answer, if on his marriage it was settled on him for life, the defendant alone be considered; is a Court remainder to his children, as he should appoint; of Equity to throw her shield over that defendant and, in default, to all the children of the marriage, to the prejudice of the plaintiff, to guard against as tenants in tail in common. The eldest son, what may be but an imaginary danger; and if she who was a minor, was made a defendant, the plain- does not throw that shield the discovery once obtiffs alleging he was sole tenant in tail, and the tained, the mischief is done so far as remainderbill charged that the deed of appointment and men are concerned, and it is wholly immaterial marriage settlement were made subject to the trusts what the object of the suit be, if the distinction be of the will. The defendants, husband and wife, drawn; that in suits affecting the interest of the admitted the possession of both deeds, partly set tenant for life, merely production will be enforced, them out in the answer, introducing particulars in where there is an admission in the answer, or the which they varied from the statements in the bill, other elements exist, on which Courts of Equity stating the interest of the other minors under the act; but that such production will not be enforced settlement, and referred to them for greater cer- when the suit affects both the interest of the tenant tainty ; and, in short, made no stand whatever for life and remaindermen, the latter class not upon the interrogatory, either on the ground of being before the court. How easy evasion is the the minor defendants being absent parties, or for rule. What can be more facile, than to draw the any other reason. His honour ordered the pro- bill against the tenant for life in the first instance, duction of the deed of appointment, considering obtain discovery from him, and then amend the bill

, that to be the sole title of the father, but refused and virtually affect the inheritance? the rule would to compel production of the marriage settlement, be as idle, as the one which renders a bill of disthe minors not being parties to the suit, and having covery demurrable, if it pray relief. In practice, an interest in it.

the latter rule, leads to no other result than this, The defendants appealed, and the plaintiff's cross that when discovery is obtained, the bill is changed appealed, and the Chancellor ordered the produc- into a bill for relief, it has lost indeed, its primary tion of both deeds.

name, but it has answered its purpose. It is observable that many elements contributed If, however, the rule be, that even where relief to assist the plaintiffs, unqualified admissions, rele- be sought only against the tenant for life, the plainvaney, materiality, ownership, possession, and the tiff is not entitled to discovery of the title deeds, power to produce.

because the interests of remainder-men may be reHis Honour, however, thought that a door might be opened to fraud, if a fishing bill could be put In a very recent case, M*Intosh y. The Great Western on the file, and holes picked in the title of absent Railway (13 Jur. 179), Lord Cottenham restated the ground parties. But it was urged with considerable forces of his judgment in Hardman v. Ellames. “ If a party refers and relied on by the Chancellor in his judgment, then refers to it, he cannot afterwards tell the plaintiff that that the very suggestion of there being absent par- he shall not see the document, because you are not bound ties, arose from the defendant's statement of the to take the defendant's representation of the document. If deed, that might be true, or it might be false ; the he uses it for any purpose, he must enable the plaintiff to deed itself could alone test the fact, it was referred see that he uses it for a proper purpose, or whether it is not to for the truth of that statement, by the defend- more beneficial to the plaintif, than the defendant thinks

proper to admit.”

[31st August, 1848.)

motely affected thereby, the result will be, that in justice, and to be in accordance with several no case can discovery, or its consequence, relief, be English decisions.

He, however, felt himself obtained from a tenant for life, as he can always coerced by the decision of the Chancellor, and shelter himself from production under the plea of decided in consonance with it. absent parties, even though the information has no The point will probably be not considered set reference whatever to the inheritance-the ground quite settled, and the question will be more fairly of refusal being, that the disclosures in the deeds, raised when the defendant takes his stand upon the though admittedly material to the plaintiff, may, on interrogatory, and relies upon the absence of some other occasion, be used prejudicially to the minors as a ground of defence. This was not done rights of others. You may have justice on your in Dundas v. Blake, and unquestionably

, in some side now, but in aiding you I may by possibility degree, the decision of the Chancellor turbed disclose to you a secret by which you may commit upon that ground, but we believe, also, on the a fraud hereafter.

broader view which we have endeavoured to put On which side, then, would the balance of in forward. convenience lie? Obviously, in our judgment, in refusing production. In the affairs of mankind, a priori it must be

(Continued from p. 160.) assumed that plaintiffs come into a court of equity

CAP. LXXXVIII. for legitimate ends, for its assistance in enforcing An act for further regulating the money order department just demands—that was one of the designs of its

of the Post-office. institution-one of the purposes for which it was Sec. 1. No money orders granted under recited act to conti established. The refusal of discovery goes on the

uue in force longer than twelve months ; and lig

.

bility of Postmaster General to pay such orders ta opposite supposition, as it assumes that plaintiffs cease, except in certain cases, with consent of tree. come for improper purposes, and aid is denied sury Treasury may, by warrant, alter period them, because they may by possibility use it differ. fixed for payment of money orders, ently from what they profess to do; in other words,

2. Power to Postmaster General to make regulations they may abuse it.

relating to money orders. But so may mankind deal with every object of

3. Power to Postmaster General to refund emount of

money orders. After repayment liabilities of Porta nature or of art, every institution human or divine;

master Generai to cease. it is plain this argument is untenable. And be. 4. Penalty on officers of Post-office issuing money ofsides, it is much more probable that the defend ders with fraudulent intent. ant, who desires concealment, has some sinister

5. In indictments it shall be sufficient to name " Her

Majesty's Postmaster General." motive for secresy, than the plaintiff who would do

6. As to warrants of the Treasury. away with foolish mysteries.

7. Printed copies of the London

Gazette to be evidence. The rule of enforcing production is a salutary 8. Act to be deemed a Post-office act. one; to be extensively useful it should be clear, 9. Act may be amended, &c. and explicit, and capable of easy and general ap • Whereas by the 3 & 4 Vict. c. 96, it is enacted, that plication; the fewer distinctions that hover round * the mode of transmitting small sums of money through it the better for justice. In the case before us, the the Post-office, might have continuance so long as the refusal of the deed of settlement was a question of commissioners of Her Majesty's treasury should see fit :

and whereas it is expedient to make further provisions as time; by amending the bill and bringing the minors

to money orders granted or issued by the Post-office :' be before the court, we apprehend the objection of his it enacted, that no money orders heretofore by virtue of honour would have been removed ; and if produc- the said regulations, or of the said act, shall continue in tion could have been enforced then, and if the deed force for a longer period than twelve months from the pass. must have been produced at the hearing, cui bono ing of this act ; and that after the expiration of that period to the minors in postponing production ? The case all liability to pay such orders by the postmaster general, also was clearly distinguishable from those where provided, that the postmaster general may pay any such

or of any officer of the Post-office, shall cease and determine: trustees hold possession of deeds for others, or money orders in special cases after such period shall have where there was a joint present possession, the joint expired: provided, that the commissioners of Her Majesty's owner not being before the court; though in these treasury, at any time or times hereafter, may alter the later cases, such as Taylor v. Rundell (1 Cr. & Ph. period hereby fixed for the payment of money orders, and 104,) and Murray v. Walter, (ib. 111), the distinc- may fix any other period for the payment of the same, such

alteration not to commence or be in force until after the tions are rather too fine, and in every case where expiration of three calendar months after due notice of the possession is coupled with the power of production, proposed alteration shall have been given in the London the safer rule would, we think, be to enforce it, Gazette. always assuming there to be materiality and rele 2. That the postmaster general, may make any regulations vancy in the document, an admission in the answer, relating to money orders, and to the payment thereof

, and and that it is not protected from the circumstance to the persons by or to whom the same shall be paid

, and

to the times at which and the mode in which the same shal of its being privileged as a professional confiden- be paid, as the said postmaster general

, shall see fit, and tial communication, relating to the subject matter from time to time, to alter or repeal any such regulations or of dispute.

restrictions, and make and establish any new or other regio In the case of Murphy v. Balfe, which came lations; and that all such regulations shall be binding, as before his honour at the sittings after last Term, well upon the persons to whom such money orders have and is not yet reported, he expressed himself as been or shall be granted, and the payees thereof, and all still adhering to the view which he entertained in persons claiming under them, and all other persons, as

upon all officers of the Post-office; and all such regulatious the case of Dundas v. Blake, which he believed shall have the same force as if the same had been and were to have been decided on the plainest principles of contained int his act ; and that no action, or suit, at law or in

« EelmineJätka »