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178

or a notice of shewing cause served court cannot open the biddmg merely
(which is to be entered with the re on a suggestion of there being persons
gister) the register shall give a certi ready to bid in advance, without first
ficate of no cause. Notices so entered setting aside the order confirming the
to have precedence of all other mo. sale. And that order ought not to be
tions save injunction motions. General set aside but on grounds of fraud or
Rule,

surprise. Executors of Fergus v.
- 7. In all cases where personal interro-

Gore,

350
gatories for examinations before the 16. Where a decree has been had against
master are exhibited, such interroga a prior tenant in tail, affecting the
tories shall be settled and approved rights of tenant in tail in remainder,
by the master, if the party to be exa the latter may file a supplemental bill
mined shall require the same. Gene to make himself party to the former
ral Rule,

178 suit, for the purpose of appealing.
8. Injunction raised pending notice of a Giffard v. Hori,

386, 412
motion for a dedimus, is dissolved of See Costs, 2, 3. GREAT SEAL, 1.
course on the dedimus being granted. GUARDIAN, 1. RE-HEARING, 1,
M Mahon v. O'Brien,

237 WILLS, (proving of) 1.
9. Substitution of service of subpæna to

appear and answer, on a person to PRINCIPAL & AGENT.
whom defendant, residing out of the
jurisdiction, had given a power of at- See AGENT, 3.
torney to act for him in the manage
ment of his affairs ; refused. Smith

PRIVILEGE.
w. Hibernian Mine Company, 238
10. The practice in England, when some See BANKRUT, 5, 6.

parties are out of the jurisdiction and SOLICITOR, 1.
others within it, is, to charge the fact
in the bill, that such parties are out of

PROTECTION..
the jurisdiction, and then the court
can proceed, without prejudice to the See BANKRUPT, 5, 6.
rights of such parties,

240
11. On demurrer to the whole bill being

allowed, the bill shall be dismissed,
and costs shall be taxed as upon a dis-
missal ; except the costs upon the de- ·

Q
murrer, which shall be allowed as

heretofore. General Rule, 304 QUASI ESTATE TAIL.
12. It is not necessary to file a supple-
mental bill in order to state that an See Will, 1.
habere has been executed and posses-

sion changed, pending the cause, 306
13. Bill to perpetuate testimony merely,

ought not to be brought to a hearing ;
but if it pray relief, the defendant may

R
set it down for a dismiss. Vaughan v.
Fitzgerald,

316

RECEIVER
14. Heir at law, defendant in such bill,

has a right to have his costs, tho'he See CREDITOR, 2, 3.
cross-examine plaintiff's, witnesses ; -
but if be examine witnesses on his own

REGISTRY
part, he shall not have costs as to that,

ibid. 1. The registry of deeds, &c. under the
15. After a sale regularly confirmed, the stat. 6 Ann. 6. 2, is not notice.. Ic

99,

would be mischierous so to consid

RELATIONS.
it. Bushell v, Bushell, 92, 97, 103.
Latouche v. Lord Dunsany, and e 1. Legacy to executors to be distributed
contra,

137, 157 amongst the poor relations of testator:
2. But the fourth clause of that statute a relation who was poor at the time of

gives to all deeds registered as thereby testator's death, but became rich be-
directed, efficacy in law and equity fore distribution, not entitled. Mahon
according to the priority of the time of v. Savage,

111
registry,

92, 98 2. Poor relation dying before distribution,
3. The provision in this clause (Sect. 4.) bis claim is not transmissible to his
not being contained in the English re personal representative,

111
gistry acts, has produced a difference 3. Where a person has a power of dis-
in the decisions,

98, 160

tribution among poor relations, he
(The English cases examined) may distribute among all poor rela-

101

tions however remote: But where the
4. This provision in the Irish act has court is called on to distribute in fail-

given even to articles, if registered, ure of the person so empowered, it
against a legal conveyance, a force will confine itself to relations within
and effect which they have not in the statute of distributions, 111
England,

102
5. A mortgage is prevented by the ope-

REMAINDER-MAN.
ration of the registry act 6 Ann. c. 2,
from tacking, so as to gain a priority 1. Remainder-man lying by and suffering
against mesne registered incumbran a tenant to lay out money under an
ces. Latouche v. Ld. Dunsany; Ld. agreement with tenant for life, without

Dunsany v. Latouche, 137, 157 giving him notice of his intention to
6. For the purpose of adjusting the pri impeach his title; a ground of relief

orities between deeds under this act, against the remainder-man. Shunnon
judgments also obtain priorities, al v. Bradstreet,

52, 73
though not generally within the con- 2. After lying by for a length of time,
templation of the act,

137, 160

remainder-man shall not turn round
7. Construction of the words in this stat the tenant to seek compensation a-

ute, sect. 4. “ according to the right, gainst the assets of tenant for life, 74
" title, and interest of the person so
“ conveying,"

159

RENEWAL.
8. Judgment creditors have no priority

by the registry act, except where pri- 1. A renewal of a lease for lives taken
ority between deeds is to be adjusted, by tenant for life, is a trust for the

161 benefit of those in remainder. Bowles
(Sed nota. This position has been de v. Stewart,

209
nied by the court of Exchequer. See 2. Renewal of a lease taken by a trustee,
D'Arcy, executor of Burke v. the shall enure to the benefit of cestui

guc
heir and ter-tenants of Chambers ; trust. Griffin v. Griffin, 352
Appendix, 467)

3. Under the tenantry act, 19 & 20 Geo.

3, c. 30, what shall be deemed rea.
RE-HEARING.

sonable time after demand for paying

renewal fines, must in all cases depend
1. Petition for a re-hearing ought to state on the cricumstances; and circumstan.

the grounds on which it is sought to ces previous as well as subsequent to
re-hear the cause,

398 the demand, are to be taken into the

consideration. Therefore, where the
demand was on the 6th of Oct. a ten-

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443

der on the 20th of March following

SERVICE,
was not within reasonable time; the (SUBSTITUTION OF)
tenant having had intimation for two
years before that payment of the fine See PRACTICE, 9.
was expected, and having neglected to
pay it. Jackson v. Saunders,

SOLICITOR.
4. Reasonable time within the act is no

more than what is necessary to give 1. A solicitor is bound to give evidence
the tenant full opportunity for ascer of his client's hand writing, if requir-
taining when the cestui que vies died, ed ; it is no breach of the confidence
for computing the amount of the fine reposed in him by his client, 226
due, and for preparing leases and ten- 2. A solicitor assisting his client in ob-
dering them for execution : Semble. taining a fraudulent release, is pro-
Per Lord CLARE, Freeman v. Lord perly made a party to a bill seeking
Waterford, (note)

454 relief from the fraud ; and he shall be

liable to costs if the principal be not
REPLEVIN.
solvent,

227

3. Where plaintiff changes his solicitor,
1. Writ of replevin does not lie, unless the former solicitor has no right to

there has been a taking of the goods stop him from proceeding until his
out of the possession of the person who costs are paid. O'Dea v. O'Dea, 315
sues it forth. Ex parte Chamberlain,

320 SPECIFIC EXECUTION.
2. The writ of replevin is merely meant

to apply to the case where A. takes 1. A. being in insolvent circumstances,
goods wrongfully from B. and B. ap suffers another person to become the
plies to have them re-delivered to apparent owner of his farm, though
him, upon giving security, until it shall under a secret trust for him: A. shall
appear whether A. has taken them not have, against the landlord, a spe-
rightfully. But if 1. be in possession cific execution of an agreement made
of goods in which B.claims a property, by him with the trustee, the landlord
this is not the proper writ to try that supposing the trustee to have been the
right. Matter of Wilsons, Bankrupts, rightful owner, and confiding in his
(note) -

321 solvency. O'Herlihy v. Hedges, 123
3. Writ of replevin lies only where there See AGREEMENTS, 1, 2, 3.

has been an actual taking out of the
possession of the party suing it. Shan-

SPECIFIC LEGACY.
non in replevin v. Shannon, 324
4. But it lies upon any taking, and not See LEGACY, 6.
merely upon a distress, ibid. 327

SPOLIATION.
1. Suppression of deeds is tantamount to

spoliation, in respect of raising pre-
S.

sumption against the party suppress-
ing. Bowles v. Stewart,

209
SALE.

See Equity, 5.
See PRACTICE, 15.

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STATUTE OF FRAUDS.

TRUSTS.
See AGREEMENTS, 3, 4, 5, 6, 7, 8, 9, 1. Where lands are devised in trust for
10, 12.

payment of debts, the statute of limi-
PART-PERFORMANCE, 1.

tationsruns pot in equity after the death

of testator, against debts not barred
STATUTE OF LIMITATIONS. thereby at his death. Executors of

Fergus v. Gore, .

107
See LIMITATIONS, 1, 2.

TRUSTEES.
STATUTE OF DISTRIBUTION.

1. The rule that " a trustee shall gain
See RELATIONS, 2, 3.

“no benefit for himself,” shall not en-

title a cestui que trust to compel a
STATUTE OF USURY.

party who knew nothing of the trust,

to execute an agreement made with
See USURY, 1, 2, 3.

the trustee, and on the credit of his
solvency. O'Herlihy v. Hedges, 123,

131
2. All persons coming into possession of

property bound by a trust with notice
T

of the trust, are chargeable in equity as
trustees,

262
TACKING.

3. Trustees and their representatives

are chargeable in equity for a breach
1. Tacking prevented by the registry of trust, whether they derived benefit
act in Ireland,
157 from it or not,

272

4. Renewal of a lease taken by a trustee,
See REGISTRY, 5, 6.

shall enure to the benefit of the cestui

que trust. Griffin v. Griffin, 352
TENANT IN TAIL.

5. If a trustee conveys to a person with

notice, and takes a re-conveyance, it
See APPEAL, 1. DECREE, 3. operates nothing,

379
6. So, if the person to whom he conveyed
TENANTS IN COMMON. had no notice, yet on the re-convey.

ance the trust would attach, though it
See MARRIAGE ARTICLES, 1.

did not attach on the person to whom

he conveyed : nor would have attach-
TENANTRY ACT.

ed if that person had conveyed to ano-
ther without notice,

379
1. The demand required by the tenantry
act, 19 & 20 Geo. 3, need not be in

USURY.
writing ; nor is any precise form pre-
scribed for it. Jackson v. Saunders, 443 1. A beneficial lease granted at the same

time with a loan of money by lessee to
See RENEWAL, 3.

lessor, held fraudulent and void, as

affording to the lender, a profit on the
TITLE DEEDS.

money lent, beyond legal interest.
Browne v. O'Dea,

115
1. Tenant for life is entitled to the pos- 2. In order to prevent the statute of usury
session of the title deeds,

223 applying to such transactions, it onght

to appear

that the lease was con necting the loan with the lease moved “ tracted for, wholly independent of, from the lessor. Molloy v. Irwin, 310 “ without any regard to, and uncon- 7. But an under-tenant, bona fide, and 66 nected with a loan, or treaty or com

not concerned in the transaction of the " munication for a loan of money." loan, not disturbed,

ibid. Sembl. Hunt v. Potter ; Drew v. Power, (note)

119 3. A beneficial lease obtained under the

influence of loans of money made or expected to be made by the lessee to

W the lessor, is a fraudulent evasion of the statutes of usury, and an undue

WILL. advantage taken of the lessor, and

therefore void. Drew v. Puwer, 182 1. A quasi estate tail cannot be barred 4. In such cases, the true consideration by will, Sembl.

294 is, not whether the loan of money was See CHOSE IN ACTION, 1. part of the bargain made, but whether the relation of debtor and creditor was WILLS, (PROVING OF) chat which induced the granting of the lease,

191, 192 1. All wills to be proved shall be pro5. The statutes against usury are found duced in the custody of the proper

ed on principles of public policy; and officer, and delivered to the examiit is against public policy that those ner or commissioners, and by them rewho make profit or their money with delivered to the same officer after exaout hazard should have as large a mination closed. General Rule, 114 profit as those who employ it in hazardous undertaking,

195, 312

WRIT. 6. A lease granted at the same time with

a loan of money by lessee to lessor, set See PRACTICE, 2, 3, 4. aside; although the proposal for con•

F I N I S.

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