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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.
PetitioNS PRESENTED FROM NOVEMBER 8, ro DECEMBER 4, INCLUSIVE.—1418.

Owner.
Ib.
Ib.

Ib.

...

...

..

Name of Petition.
Ulick Jennings,
George W. Bristow,
Earl of Belmore,
Catherine Finn,
George L. Marshall,
Hamilton Sandys,
Assignee of William Wilkins,
William H. Magan,
Richard Hungerford,
Godwin M. Swift, Lord Carlingford,
William T. Sherlock, and others,
Trustees of Michael Thunder,
Assignee of Henry J. Smith,
Mary Creagh, and others,
Anthony O'Reilly,
Devisees of Constantine Maguire,
Richard H. Radley,

Ib.
Ib.
Ib.
Ib.
Ib.
Ib.
Ib.
Ib.
Ib.
Ib,
Ib,
Ib.

Petitioner.

Solicitor.
Right Rev. L. O'Donnell,

Robert Power.
Arthur Sharpley,

Theodore Cronhelm.
Earl of Belmore,

John Stewart.
Catherine Finn,

Murdoch Green.
Elizabeth Symes,

A. R. Symes.
Joseph Young,

A. H. Middleton.
Sibthorpe Bayly,

Sibthorpe Bayly.
William H. Magan,

William Gibson,
Richard Hungerford,

Francis H. Tuckey.
William Richard Swift,

Henry Flood.
Executrix of L. N. Donovan.... William C. Cornwall.
Rodolphus W. Ryan, and others, R. W. Ryan.
Obadiah Wisdom,

C. & J. S. Gaussen.
John Cullinan,

Cullinan and Bunton.
Anthony O'Reilly,

Robert Smith,
Letitia Elliott,

Ralph Scott.
John Gould, and another, David A. Nagle.

...

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Ib.

Ib.

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CONDITIONAL AND ABSOLUTE ORDERS AND POSTINGS FOR SALES MADE DURING THE

WEEK, ENDING DECEMBER 4, 1850.

Conditional Absolute Posting
Owner.
Orders. Orders.

for Sales.

Solicitor.
Bird, Jane and others,

Jan. 31, 1851, Thomas Ardill.
Boyne, Catherine and others,
Nov. 28

Jeremiah Mara.
Byrne, Cecelia R.

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.
Same,
(Remainder.)

Jan. 7, 1851, Same.
Nixon, James and others,
Dec. 2

John Collum.
O'Dell, John,
Nov. 27

Irvine and Read.
O'Donnell, Sir Richard A.

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.
Villiers, Edward Cripps,

Dec. 28, 1850, William Fry.
Waller, Rev. William and another,
Dec. 2

Edward White.
Ware, Thomas,

Jan. 24, 1851, James Lane.
Williamson, Rev. John and others,
Nov. 30

Thomas Croker.

...

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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. 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.

ROGER'S ECCLESIASTICAL LAW, A

Practical Arrangement of ECCLESIASTICAL LAW.

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

COURT in IRELAND from the Presentation of the Petition to the Distribution of the Funds, embracing the General and Bye. Rules, the Commissioners' Directions, and all Forms incidental to the practice of the Court. Notes of all Important Decisions, with the Act, and approved Precedents of Costs of all proceedings.

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.

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Just published, price 18. ; by Post, 18. 8d.

.

ings in the High Court of Chancery of Ireland, 13 & 14 Vic. c. 89.

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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.

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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.
DECEMBER 14, 1850.

(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.
WILLIAM John DUNDAS, Esq. &
Rolls Court...... John Pitt KENNEDY, Esq. Bar-

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
SAMUEL V. PEET, Esq.,

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.
PETITIONS PRESENTED FROM December 5 to 11, INCLUSIVE._1442.

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Petitioner.

Solicitor.
Admrix. of D. Lymberry & another R. H. Smith,
John Ennis and others,

Patrick Kiernan,
Dugal Boyd,

Thomas Croker.
Trustees of George Moore, James Camsee.
Catherine Madden,

P. Scott.
Mary Goggins,

Bourke & Monahan.
Wm. H. Fitzgerald,

Hugh Irvin.
Lord Blaney,

Garde and Atkinson.
Richard Baillie and another, Richard Baillie.
Charles Langley,

Robert Hemphill.
George M. Vaughan,

Lucas Waring.
Edward Pole,

Wm. Goddard and Son.
Anne Croker,

Thomas Croker. Alexander Clendenning,

Henry A. Dillon.

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» 17

CONDITIONAL AND ABSOLUTE ORDERS AND POSTINGS FOR SALES MADE DURING THE

WEEK, ENDING DECEMBER 11, 1850.

Conditional Absolute Posting
Owner.

Orders. Orders. for Sales. Solicitur.
Atkinson, Robert,
Dec. 10

R. P. Bourke.
Boyle, William,

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 COURT OF THE COMMISSIONERS FOR THE SALE OF INCUMBERED ESTATES IN IRELAND.
THE EARL OF MOUNTCASHELL'S ESTATES IN THE COUNTY OF ANTRIM.

In the Matter of the Estate of

PURSUANT to the Absolute Order for a Sale made in this matter,
The Right Honourable

bearing date the 26th day of January, 1850, by the directions of the Commissioners,

Mr. GEORGE C. HYNDMAN will
Stephen, Earl of Mountcashell,

On TUESDAY,

the 17th day of DECEMBER, 1850,
Owner and Petitioner,

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 unsold Lots of the Estate of the Right Honourable Stephen, Earl of Mountcashell, known as the BRAID ESTATE, situate in the County of
Antrim, in the following Lots, viz. -

THE BRAID ESTATE.

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$ s. d.

This Lot is situate in the vicinity of the
192 0 3

extensive Spinning Factory of Messrs. Da.
vison, which gives employment to 300 per-
sons daily.

The farm houses and offices on these town.
697 11 5

lands are of a first-rate character, and the
lands well fenced, drained

and ornament.
ally as well as usefully planted.

The Rental of this Lot will increase on the
149 18 3 falling in of several leases held for old lives.

2 The observation of No. 2 applies to this.

SThe observations on Nos. 2 and 3 apply to
407 6 3

this Lot.

The tenants on this Lot are of a most indus.
252 14 4 trious character. It is well supplied with

turbary,
This Loi is held principally by old leases for

lives, on the falling in of which an increase
349 90

of rental will take place. It is well supplied

with turbary, and intersected by good roads
58 4 1 SA great asccession of rental will take place on

the falling in of many of the Lea-es on these
111 28 1.ots, which are held for old lives. The
16 11 11 Lots are desirably situated on the Ravell

Water, and are intersected by the new road
159 17 11 from Ballymena to Cushendall.

The new line of road from Broughshane to
176 181 Cushendall intersects this Lot. It has an

abundant supply of turbary.
This Lot is held by one tenant for 3 lives, 2 of

which, aged 62 and 64, are in existence,
26 9 10

On the falling in of this lease a considerable

increase will take place in the rental
78 197 These Lots are abundantly supplied with tur.

bary. They are situated on the Ravell Wa.
69 6 8 ter, and are intersected by the new line of

road from Broughshane to Cushendall

This Lot is situated near the romantic wa.
110 17 6

terfalls of Glengariff,

This Lot is held by one tenant by lease for
125 0 0

his own life, or 21 years, on the falling in
of which an increase of rental may be

safely anticipated.
Fon this Lot are situate the beautiful and ro.

mantic loilge, woods, and ground, upon

which the late Lord O'Neill expended se.
28 7 9 veral thousand pounds. It is held for the

life of the present EarlO'Neill, now aged 70.
On the falling in of this lease a very consi.
derable increase of rental will take place.

This Lot is held by one tenant on lease for
138 93 lives, one life of which is now living, aged

42. This ought to rise.

This Lot is situate on the river Braid. The
129 12 1 road from Ballymena to Glenarm inter.

sects it.

This Let is held principally on old leases for
114 9 0 lives, on the falling in of which an in-

crease of rental will take place.

rThe rents on these Lots are well paid. They
433 16 3

are situate on the river Braid, and inter.

sected by the road leading from Ballymena
46 18 10 to Glenarm, and also by the road from

Broughshane to Carnlough.
361 12 3 SThe tenants on this Lot are very respect

able, and the farm houses are of an excel.

2 lent description.
250 13 9 This Lot is held principally on old leases for

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,
300 9 2 on the falling in of which a large increase

of rental will take place. There is a good

corn inill on this lot.

This Lot is partly held on old leases for lives,
411 3 3 on the falling in of which a considerable

increase of rental will take place. On this

Lot is the Manor Corn Mill, as well as the
5197 194 Presbyterian Meeting House of Buckna.

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