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of his decisions, would he not also deprive the pub- rest that presents itself, to comment upon
decisions lic and the Professions ?
whether in England or in Ireland with deference, Whatever may be his determination, we shall con- but with perfect independence,-resolved to write tinue hereafter, as heretofore, to report as faithfully with candour, with impartiality, and with good as in us lies, to discuss every question of legal inte-| temper.
Incumbered Estates Court.
Name of Petition.
A. R. Symes.
A. H. Middleton.
Francis H. Tuckey.
C. & J. S. Gaussen.
Cullinan and Bunton.
CONDITIONAL AND ABSOLUTE ORDERS AND POSTINGS FOR SALES MADE DURING THE
WEEK, ENDING DECEMBER 4, 1850.
Conditional Absolute Posting
Jan. 31, 1851, Thomas Ardill.
W. T. Kent. Cornwall, Geo., a Bankrupt. Assignee of,
R. T. Harvey. Curtin, John and another,
Dec. 13, 1850, Thomas Carmichael. Curtis, James,
John Gardener. Echlin, Rev. John R.
Hugh Wallace and Co. Flynn, Margaret J. and another,
Feb. 21, 1851, Henry Bastable. Goold, Richard T. a minor,
David A. Nagle. Herbert, Rev. Edward and others,
James Lane. Hodges, George William,
April 8 Thomas M.Mahon. Hassey, Robert,
Foots & Fitzsimons. Irvine, Arthur H.
A. Collum. Jacob, Samuel and another,
S. F. Adair. M'Carty, Justin and Robert,
Orphen and Co. M'Cullagh, William,
John Bates. M'Donnell, Charles P.
H. A. Dillon. M'Leod, John G. E.
S. L. Crawford. Mountcashel, Earl of, (Braid Estate.)
Dec. 17, 1850, Patrick Scott.
Jan. 7, 1851, Same.
Irvine and Read.
Furlong and Latouche. O'Farrell, Victor E.
Edward Carr, Jun. Rae, Thomas,
John Bates. Smith, William James,
Henry G. Kelly. Sullivan, John,
Jan. 6 R. D. Murphy. Swiney, Cornelius and others,
Murdoch Green. Tipping, James,
Robert R. Todd. Tuthill, John,
Dec. 28, 1850, William Fry.
Jan. 24, 1851, James Lane.
RUSSELL ON ARBITRATION. A TREATISE on the Power and Duty of an ARBI.
TRATOR, and the Law of Submissions and Awards; with an Appendix of Forms, and of the Statutes relating to Arbitration. By FRANCIS RUSSELL, Esq., M.A., Barrister.at-Law. I vol. 8vo. bd. £1 6s,
I vol. 12mno. price 6s, bds. A TREATISE ON THE LAW relating to MINES. Bg
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BAYLEY ON BILLS OF EXCHANGE. SUMMARY of the Law of Bills of Exchange, Cash Bills,
and Promissory Notes. By SIR JOHN BAYLEY, Knt. Sista Edition, by G. W. DOWDES WELL, Barrister.at.Law. 1 vol. Svo £1 2s.
BURGE ON THE LAW OF SURETYSHIP. COMMENTARIES on the Law of SURETYSHIP, and
the Rights and Obligations of the parties thereto. By WILLIAM BURGE, Esq. QC. M.A. &c. I vol. 8vo. 185. A ,
administered in England and Ireland ; with Illustrations from the American and other Foreign Laws. By JOHN PITT TAYLOR, Esq. of the Middle Temple, Barrister.at Law. 2 vols. royal Svo. £2 108.
Vol. II., royal 8vo., price £2 28. THE EQUITABLE JURISDICTION of the COURT
OF CHANCERY, Vol. II., comprising Equitable Estates and In. terests, their Nature, Qualities, and Incidents ; in which is incorporated so far as relates to those subjects, the substance of " Maddock's Treatise on the Principles and Practice of the High Court of Chancery,"
By GEORGE SPENCE, Esq., one of Her Majesty's Counsel. THE
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BEST'S PRINCIPLES OF EVIDENCE, A on
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ANGELL ON THE LAW OF CARRIERS. A
TREATISE on the Law of CARRIERS of GOODS
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DIGEST of CASES decided in the Court of Arches,
the Prerogative Court of Canterbury, and the Consistory Court of London, and on Appeal therefrom to the Judicial Committee of the Privy Council; with references to the leading analagous Decisions in the House of Lords, and the Courts of Law and Equity, and to the several Statutes and Text Books which bear on questions within the Jurisdiction of the Ecclesiastical Courts, By ALFRED WADDILOVE, 1). C. Ls, Advo cate in Doctors' Commons, and Barrister-at-law of the Inner Temple. I vol, royal 8vo. price 11. 58. bds.
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Second Edition, considerably enlarged. By FRANCIS NEWMAN ROGERS, Esq., Barrister.at.Law. I vol. 8vo. £1 168.
ADDISON ON THE LAW OF CONTRACTS, A TREATISE on the Law of CONTRACTS, and Rights
and Liabilities ex Contractu. By C. G. ADDISON, Esq. of the Inner Temple, Barrister.at.Law. Second Edition, 2 vols. 8vo. price 1 16.
Dublin: EDWARD J. MILLIKEN, 15, College Green. Sold by all Booksellers.
Just Published, price 12s. cloth, by Post, 12s. 6d. THE PRACTICE of the INCUMRERED ESTATES
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JUST PUBLISHED, price 4s., by Post, 49. Bd. COURT OF CHANCERY (Ireland) REGULATION
ACT, 1850, with an Introduction, PRACTICAL COMMENTS and Precedents.
By WILLIAM SMITH, Esq., Barrister-at-Law.
By the same Author, price 1s.; by Post, Is. 1d. A
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By JOHN BLACKHAM, Esq., Barrister-at-Law. Autbor of “A Treatise on the Law of Interpleader, “Digest of the
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By J. BLACKHAM, EAQ, Barrister.at. Law.
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No. 111.-Vol. III.
(Per Annuin, £1 108.
Single Number, H. The Names of the Gentlemen who favour The Irish Jurist with Reports in the several Courts of
Law and Equity in Ireland, are as follows : Court of Chancery, in- S James R. O'Flanagan, Esq., cluding Bankruptcy and John BLACKHAW, Esq.,
Exchequer of Pleas, in. SG. R. Crampton, Esq., and
cluding Manor Court Hon. Joux P. VEREKER, Appeals ... Barristers-at-Law.
Robert GrIFFIN, Esq., and risters-at-Law.
1 Common Pleas...... W. G. CHAM NEY, Esq., Barris. FROBERT GRIPPIN, Esg, and
ters-at-Law, Bankrupt Court... ... ...
, . Barristers-at-law.
ROBERT GRIFFIN, Esq., and Incumbered Estates Hon. John P. VEREKER, Bar.
Admiralty Court........ W. G. CHAMNEY, Esq., BarrisCourt ...... rister-at-Law.
ters-at-Law. Queen's Bench, includ
FLORENCE M.CARTHY, Esq., and
Court of Criminal SAMUEL V. Peet, Esq., Barrising Civil Bill Appeals. Barristers-at-Law.
DUBLIN, DECEMBER 14, 1850. in part executed, will not be specifically decreed,
he takes the opportunity of examining the law upon
that important subject. Whitacre v. Whitacre deBr studying the old reports, and by gradually trac- cides that trustees or persons acting under them ing in the modern decisions the changes that have cannot be purchasers. In the notes to this case taken place from time to time we become fully ac- many of the great principles that arise upon this quainted with the legal jurisprudence of our coun- point are enumerated and commented upon. In try. For these reasons the re-publication of one of Jordan v. Foley the obligations of the husband and our old standard authorities is always a boon to the of a feme covert are examined. In Christmas v. Profession ; by its means we are enabled to dis. Christmas, which decides that when an agreement is cover the leading cases upon each subject, and by reduced to writing, all previous treaties are resolved referring to it see at a glance every change that has
into that. Under this case the Editor comments been wrought by the lapse of time, by an alteration with much care upon the conflicting decisions upon in the policy of the law, or by the repeal of old, or this subject. In Coppin v. Coppin, he reviews the enactment of new statutes. “Smith's Leading the principles upon which the marshalling of assets Cases” have, for this reason, been long popular wità is based, and the cases in which the legatee will be the Profession. Mr. M.Naghten, in the volume be entitled to have recourse to the legal estate, partifore us, following his idea, has published, with va
cularly to the cases in which a creditor or legatee luable notes, all the
select cases tempore Lord Chan- might assert in his own favour the lien of the unpaid cellor King.
vendor. The law so far as it affects purchasers for Mr. M.Naghten is already well known to the value with notice is reviewed in Harry v. WoodProfession as one of the Editors of M.Naghten's & house. In reviewing Blackway v.Earl of Strafford, Gordon's Reports in the Court of Chancery in Eng- subsequently reversed by the House of Lords, he land. His notes are clear and concise, and contain examines the doctrine of the equitable recognition a mass of valuable matter in an unusually small of debts, once legally extinct, and the bearing of the compass.
modern construction of the Statute of Limitations The Reports tempore Lord Chancellor King are upon the subject, as well as the numerous and nice well known to the Profession as containing often the distinctions that have been drawn as to the partifirst, and in many instances the only decisions upon Burrell, reviewing concisely all the law of forfei
cular time when it commences to run. In Nutt v. Very abstruse or important branches of Equity; and the author has availed himself of these cases with ture, attached as a condition to a grant or bequest, great judgment. In Edwards v. Heather, which such as conditions not to dispute a will, &c., and decides that an agreement, if unreasonable, though
where a condition is merely held over in terrorem, or
a substantial part of the grant, and also the jinpor. Select Cases argued and adjudged in the High Court of tant distinctions drawn between a condition prece. Chancery before Lord Chancellor King, by stevart Mac- dent and subsequent. Under this category corresYAGATEN, of the Middle Temple, Esq., Barrister-at-Law. ponding conditions in restraint of marriage, or durLondon : Stevens and Norton. Dublin : Hodges & Smith, I ing celibacy, and gifts to a man until his bankruptcy,
with or without remainders over, and how such gifts
Court Papers. are affected by his bankruptcy,—all of which are handled in a clear, concise, and practical form. In the next case, Lord Lucy v. Watts, the whole law
Chancery. relating to the admission of parol evidence in order to contradict the terms of a written contract or in
December 12, 1850. strument, are ably compressed in a very narrow Master Murphy has intimated that he and his brocompass. In the case of Sir John Fryer, Knight, ther Masters have adopted the rule of requiring that v. Mary Vernon, the jurisdiction of the Court of counsel open every petition, referred to them under Chancery in England to issue a sequestration for the Chancery and Trustee Acts; and that the Mascontempt against the lands of a person resident in ter would require such counsel to furnish in writing Ireland, was considered and denied. Under this the order required to be made on such petitions, head the decisions as to the jurisdiction of the Court with reference to the accounts to be taken, the ad. of Chancery, where the subject of the suit is in a vertisements required, &c. foreign country, are collected. [See as to the jurisdiction of the Court of Chancery in England to appoint a receiver over land in Ireland, In the mat.
Encumbered Estates Court. ter of the Estate of the Earl of Portarlington, (8 Ir. É. R. 369.)]
The full court will sit upon Wednesday, ThursOn the whole we consider this a work we can day, Friday, and Saturday in the ensuing week. safely recommend to the Profession.
Incumbered Estates Court.
Bourke & Monahan.
Garde and Atkinson.
Wm. Goddard and Son.
Thomas Croker. Alexander Clendenning,
Henry A. Dillon.
CONDITIONAL AND ABSOLUTE ORDERS AND POSTINGS FOR SALES MADE DURING THE
WEEK, ENDING DECEMBER 11, 1850.
Conditional Absolute Posting
Orders. Orders. for Sales. Solicitur.
R. P. Bourke.
James Lawder. Browne, George E.
William T. Galway. Coates, Margaret,
Jan. 10, 1851, William Meredith, Garnett, William,
William Tatlow. Hawthorne, Steele,
Thomas Conry. Homan, Rev. Richard, ..
Gresson and Clarke. Johnson, Wm. H. Assignee of,
Feb. 5 Alexander Dudgeon. Knox, Henry William and another,
Jan. 14 H. G. Grady. Latten, George P.
Feb. 4 John Rorke. Lee, Henry A.
Edward Lee. Magrath, Thomas. Trustees of,
Jan. 28 James D. Meldon. M'Donnell, John and others,
H. J. and T. Garrett. M‘Laughlin, John,
Dec. 17, 1850, J. B. Beahan. Porter, George,
Galloway and O'Connor. Purcell, Tobias J.
T. J. Purcell. Reade, John Cecil,
Dec. 16 J. H. Chomley. Robinson, A. Assignee of,
Feb. 6, 1851, Thomas Courtenay. Sillery, Francis,
William Leech, Smith, Thomas and Wife,
Thomas W. Archer. Stock, Franceska and another,
March 19 Frederick Sutton. Stuart, Honorable A. G.
Hugh Simpson. Turner, Edward,
Edward Courtney. Walcott, George,
Feb. 6 Wm, Hitchcock. West, John Taaffe,
NOTICE OF SALE.
In the Matter of the Estate of
PURSUANT to the Absolute Order for a Sale made in this matter,
bearing date the 26th day of January, 1850, by the directions of the Commissioners,
Mr. GEORGE C. HYNDMAN will
the 17th day of DECEMBER, 1850,
at the hour of Twelve o Clock Noon, at the AUCTION ROOMS, 7, CASTLE PLACE,
in the Town of BELFAST, in the County of Antrim, set up for SALE BY AUCTION
THE BRAID ESTATE.
$ s. d.
This Lot is situate in the vicinity of the
extensive Spinning Factory of Messrs. Da.
The farm houses and offices on these town.
lands are of a first-rate character, and the
The Rental of this Lot will increase on the
2 The observation of No. 2 applies to this.
SThe observations on Nos. 2 and 3 apply to
The tenants on this Lot are of a most indus.
lives, on the falling in of which an increase
of rental will take place. It is well supplied
with turbary, and intersected by good roads
the falling in of many of the Lea-es on these
Water, and are intersected by the new road
The new line of road from Broughshane to
abundant supply of turbary.
which, aged 62 and 64, are in existence,
On the falling in of this lease a considerable
increase will take place in the rental
bary. They are situated on the Ravell Wa.
road from Broughshane to Cushendall
This Lot is situated near the romantic wa.
terfalls of Glengariff,
This Lot is held by one tenant by lease for
his own life, or 21 years, on the falling in
mantic loilge, woods, and ground, upon
which the late Lord O'Neill expended se.
life of the present EarlO'Neill, now aged 70.
This Lot is held by one tenant on lease for
42. This ought to rise.
This Lot is situate on the river Braid. The
This Let is held principally on old leases for
crease of rental will take place.
rThe rents on these Lots are well paid. They
are situate on the river Braid, and inter.
sected by the road leading from Ballymena
Broughshane to Carnlough.
able, and the farm houses are of an excel.
2 lent description.
lives, on the falling in of which a consider.
able increase will take place in the rental,
This Lot is partly held on old leases for lives,
of rental will take place. There is a good
corn inill on this lot.
This Lot is partly held on old leases for lives,
increase of rental will take place. On this
Lot is the Manor Corn Mill, as well as the