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. Owner. Ib. ... ... .. Name of Petition. Ib. Petitioner. Solicitor. Robert Power. Theodore Cronhelm. John Stewart. Murdoch Green. A. R. Symes. A. H. Middleton. Sibthorpe Bayly. William Gibson, Francis H. Tuckey. Henry Flood. C. & J. S. Gaussen. Cullinan and Bunton. Robert Smith, Ralph Scott. ... ... Ib. Ib. ... CONDITIONAL AND ABSOLUTE ORDERS AND POSTINGS FOR SALES MADE DURING THE WEEK, ENDING DECEMBER 4, 1850. Conditional Absolute Posting for Sales. Solicitor. Jan. 31, 1851, Thomas Ardill. Jeremiah Mara. Dec. 2 W. T. Kent. Cornwall, Geo., a Bankrupt. Assignee of, Nov. 20 R. T. Harvey. Curtin, John and another, Dec. 13, 1850, Thomas Carmichael. Curtis, James, 27 John Gardener. Echlin, Rev. John R. 30 Hugh Wallace and Co. Flynn, Margaret J. and another, Feb. 21, 1851, Henry Bastable. Goold, Richard T. a minor, 27 David A. Nagle. Herbert, Rev. Edward and others, 27 James Lane. Hodges, George William, April 8 Thomas M.Mahon. Hassey, Robert, 27 Foots & Fitzsimons. Irvine, Arthur H. 28 A. Collum. Jacob, Samuel and another, S. F. Adair. M'Carty, Justin and Robert, 28 Orphen and Co. M'Cullagh, William, Dec. 2 John Bates. M'Donnell, Charles P. 28 H. A. Dillon. M'Leod, John G. E. 27 S. L. Crawford. Mountcashel, Earl of, (Braid Estate.) Dec. 17, 1850, Patrick Scott. Jan. 7, 1851, Same. John Collum. Irvine and Read. 25 Furlong and Latouche. O'Farrell, Victor E. Nov. 28 Edward Carr, Jun. Rae, Thomas, Dec. 3 John Bates. Smith, William James, 29 Henry G. Kelly. Sullivan, John, Jan. 6 R. D. Murphy. Swiney, Cornelius and others, Nov. 26 Murdoch Green. Tipping, James, 17 Robert R. Todd. Tuthill, John, Feb. 7 Edward White. Dec. 28, 1850, William Fry. Edward White. Jan. 24, 1851, James Lane. Thomas Croker. ... ... ... ...... 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 R. P. COLLIER, Esq., of the Inner Temple, Barrister-at-Law Recorder of Penzance, 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. 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By RICHARD CHARLES MACNEVIN, Solicitor. 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 MENTS as affecting Land with respect to Purchasers, Mortgagees, and Creditors, This day is published, price 18.; by post, Is. 20. A RETORT ECHO TO THE VOICE OF the BAR, OR Just Published, price 3s. bds., by post, 3s. 6d. A COMMENTARY UPON THE 13 VIC. CHAP. 18. AN ACT for the AMENDMENT of PROCESS and PRACTICE in the SUPERIOR COURTS of COMMON LAW in IRELAND, with all the Reported Decisions upon the Analogous Statutes in England up to the latest period, with an Appendix, containing the Statutes, Orders, Forms of Afidavits, and a Copious Index. By JOHN BLACKHAM, Esq., Barrister-at-Law. Autbor of “A Treatise on the Law of Interpleader, “Digest of the Irish Law Reports," &c. OPINIONS OF THE PRESS. " A perusal of the Commentary shews that the author has been solici. tous, within the brief time allowed him, to render it of value to the legal world-and he has not failed of effecting his object."-Saunders' News Letter. “ The Commentary bears sufficient evidence of acute and experienced study to merit our reliance and approval, &c"-World. “ Under the 26th sect. Mr. Blackham has a very useful collection of cases decided upon an analogous English statute, as to the jurisdiction of a Judge sitting in Chamber, &c." -D. E. Post. " It seems to be very carefully prepared, and will be a necessary work to the Attorney, and a very useful companion to the Barrister on Circuit." -D, E. Mail. “ Mr. Blackham is already favourably known to the legal profession as the author of a Treatise on the Law of Interpleader, a Digest of the Law Reports. While his labours in connexion with the Irish Jurist' have rendered effective service to the cause of Law Reform, &c."- Advocate. Just published, price 18. ; by Post, 18. 8d. . ings in the High Court of Chancery of Ireland, 13 & 14 Vic. c. 89. A Pampla let, by ALFRED M'FARLAND, Esq. Just completed, Vol. I. 8vo., price 218. REPORTS of PRACTICE and NISI PRIUS CASES, (including Registry and Civil Bill Appeals,) DECIDED in the SUPE. RIOR COURTS, and at the AFTER SITÍINGS; with Index and Table of Cases. By J. BLACKHAM, W. J. DUNDAS, and R. W. OSBORNE, Esqrs. Barristers-at. Law. In 1 Vol. 12mo., price 38., by post 3s. 6d. L AW OF DEBTOR AND CREDITOR IN IRELAND. The new Act for the abolition of arrest for sums under ten pounds, and for the recovery of the possession of sınall tenements before Justicesof the Peace, with a full Commentary, Index, Notes and Forms, adapted for the professional and trading classes. By WILLIAM GERNON, E6C., Barrister-at-Law. In 1 Vol., 12mo., price 2s. 6d., by post 3s. A ; taining all the Reported Cases in this country and in England, with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Forme ol Affida. vits, Rules, Orders, and the Record on a Feigned' Issue. By J. BLACKHAM, EAQ, Barrister.at. Law. 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 OKEEN, 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, 178. Quarterly, 9s. Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45, FLEET.STREET, in the Parish of St Andrew, and published at 15, COLLEGE OREÉN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, December 7, 1850. Irish Jurist PRICE 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. 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. Appeal ter-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, 1850. 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. Petitioner. Solicitor. Patrick Kiernan, Thomas Croker. P. Scott. Bourke & Monahan. Hugh Irvin. Garde and Atkinson. Robert Hemphill. Lucas Waring. Wm. Goddard and Son. Thomas Croker. Alexander Clendenning, Henry A. Dillon. ... ... » 17 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. 6 James Lawder. Browne, George E. Dec. 11 William T. Galway. Coates, Margaret, Jan. 10, 1851, William Meredith, Garnett, William, William Tatlow. Hawthorne, Steele, , 2 Thomas Conry. Homan, Rev. Richard, .. 21 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, 5 H. J. and T. Garrett. M‘Laughlin, John, Dec. 17, 1850, J. B. Beahan. Porter, George, 6 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, 10 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, , 3 Edward Courtney. Walcott, George, Feb. 6 Wm, Hitchcock. West, John Taaffe, Richard Jones. ... 6 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 On TUESDAY, 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 and ornament. 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 this Lot. The tenants on this Lot are of a most indus. turbary, 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 safely anticipated. 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 sects it. 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 |