or a notice of shewing cause served
(which is to be entered with the re-
gister) the register shall give a certi-
ficate of no cause. Notices so entered
to have precedence of all other mo-
tions save injunction motions. General
Rule,
7. In all cases where personal interro-
gatories for examinations before the
master are exhibited, such interroga-
tories shall be settled and approved
by the master, if the party to be exa-
mined shall require the same. Gene-
ral Rule,
178
court cannot open the bidding merely
on a suggestion of there being persons
ready to bid in advance, without first
setting aside the order confirming the
sale. And that order ought not to be
set aside but on grounds of fraud or
surprise. Executors of Fergus ▾
Gore,
350
16. Where a decree has been had against
a prior tenant in tail, affecting the
rights of tenant in tail in remainder,
the latter may file a supplemental bill
to make himself party to the former
suit, for the purpose of appealing.
Giffard v. Hort,
386, 412
8. Injunction raised pending notice of a
motion for a dedimus, is dissolved of See COSTS, 2, 3. GREAT SEAL, 1.
course on the dedimus being granted.
McMahon v. O'Brien,
GUARDIAN, 1. RE-HEARING, 1.
WILLS, (proving of) 1.
9. Substitution of service of subpœna to
appear and answer, on a person to
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.
. Hibernian Mine Company,
10. The practice in England, when some See BANKRUT, 5, 6.
parties are out of the jurisdiction and
others within it, is, to charge the fact
in the bill, that such parties are out of
the jurisdiction, and then the court
can proceed, without prejudice to the See BANKRUPT, 5, 6.
rights of such parties,
11. Ön 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-·
murrer, which shall be allowed as
heretofore. General Rule,
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
set it down for a dismiss, Vaughan v.
Fitzgerald,
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 he examine witnesses on his own
part, he shall not have costs as to that,
ibid. 1. The registry of deeds, &c. under the
stat. 6 Ann. c. 2, is not notice.. It
15. After a sale regularly confirmed, the
1. Legacy to executors to be distributed
amongst the poor relations of testator:
a relation who was poor at the time of
testator's death, but became rich be-
fore distribution, not entitled. Mahon
v. Savage,
would be mischievous so to consider
it. Bushell v. Bushell, 92, 97, 103.
Latouche v. Lord Dunsany, and e
contra,
137, 157
2. But the fourth clause of that statute
gives to all deeds registered as thereby
directed, efficacy in law and equity
according to the priority of the time of
registry,
92, 98 2.
3. The provision in this clause (Sect. 4.)
not being contained in the English re-
gistry acts, has produced a difference
in the decisions,
98, 160
(The English cases examined) 99,
101
4. This provision in the Irish act has
given even to articles, if registered,
against a legal conveyance, a force
and effect which they have not in
England,
5. A mortgage is prevented by the ope-
ration of the registry act 6 Ann. c. 2,
from tacking, so as to gain a priority
against mesne registered incumbran-
ces. Latouche v. Ld. Dunsany; Ld.
Dunsany v. Latouche,
137, 157
6. For the purpose of adjusting the pri-
orities between deeds under this act,
judgments also obtain priorities, al-
though not generally within the con-
templation of the act, - 137, 160
7. Construction of the words in this stat-
ute, sect. 4. " according to the right,
"title, and interest of the person so
"conveying,"
Poor relation dying before distribution,
his claim is not transmissible to his
personal representative,
Where a person has a power of dis-
tribution among poor relations, he
may distribute among all poor rela-
tions however remote: But where the
court is called on to distribute in fail-
ure of the person so empowered, it
will confine itself to relations within
the statute of distributions,
111
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
benefit of those in remainder. Bowles
v. Stewart,
2. Renewal of a lease taken by a trustee,
shall enure to the benefit of cestui que
trust. Griffin v. Griffin,
352
(Sed nota. This position has been de-
nied by the court of Exchequer. See
D'Arcy, executor of Burke v. the
heir and ter-tenants of Chambers;
Appendix, 467)
3. Under the tenantry act, 19 & 20 Geo.
3, c. 30, what shall be deemed rea-
sonable time after demand for paying
renewal fines, must in all cases depend
on the cricumstances; and circumstan-
ces previous as well as subsequent to
the demand, are to be taken into the
consideration. Therefore, where the
demand was on the 6th of Oct. a ten-
der on the 20th of March following
was not within reasonable time; the
tenant having had intimation for two
SERVICE,
(SUBSTITUTION OF]
1. A solicitor is bound to give evidence
of his client's hand writing, if requir-
ed; it is no breach of the confidence
reposed in him by his client, 226
years before that payment of the fine See PRACTICE, 9.-
was expected, and having neglected to
pay it. Jackson v. Saunders, 443
4. Reasonable time within the act is no
more than what is necessary to give
the tenant full opportunity for ascer-
taining when the cestui que vies died,
for computing the amount of the fine
due, and for preparing leases and ten-
dering them for execution: Semble.
Per Lord CLARE, Freeman v. Lord
Waterford, (note)
454
1. Writ of replevin does not lie, unless
there has been a taking of the goods
out of the possession of the person who
sues it forth. Ex parte Chamberlain,
A solicitor assisting his client in ob-
taining a fraudulent release, is pro-
perly made a party to a bill seeking
relief from the fraud; and he shall be
liable to costs if the principal be not
solvent,
227
3. Where plaintiff changes his solicitor,
the former solicitor has no right to
stop him from proceeding until his
costs are paid. O'Dea v. O'Dea, 315
2. The writ of replevin is merely meant
to apply to the case where A. takes 1.
goods wrongfully from B. and B. ap-
plies to have them re-delivered to
him, upon giving security, until it shall
appear whether A. has taken them
rightfully. But if A. be in possession
of goods in which B. claims a property,
this is not the proper writ to try that
right. Matter of Wilsons, Bankrupts,
(note) -
A. being in insolvent circumstances,
suffers another person to become the
apparent owner of his farm, though
under a secret trust for him: A. shall
not have, against the landlord, a spe-
cific execution of an agreement made
by him with the trustee, the landlord
supposing the trustee to have been the
rightful owner, and confiding in his
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-
non in replevin v. Shannon,
4. But it lies upon any taking,
merely upon a distress,
and not See LEGACY, 6.
ibid. 327
See AGREEMENTS, 3, 4, 5, 6, 7, 8, 9, 1. Where lands are devised in trust for
payment of debts, the statute of limi-
tations runs not in equity after the death
of testator, against debts not barred
thereby at his death. Executors of
Fergus v. Gore,
1. The rule that "a trustee shall gain
"no benefit for himself," shall not en-
title a cestui que trust to compel a
party who knew nothing of the trust,
to execute an agreement made with
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
of the trust, are chargeable in equity as
trustees,
3. Trustees and their representatives
are chargeable in equity for a breach
of trust, whether they derived benefit
from it or not,
272
4. Renewal of a lease taken by a trustee,
shall enure to the benefit of the cestui
que trust. Griffin v. Griffin, 352
5. If a trustee conveys to a person with
notice, and takes a re-conveyance, it
operates nothing,
6. So, if the person to whom he conveyed
had no notice, yet on the re-convey-
ance the trust would attach, though it
did not attach on the person to whom
he conveyed: nor would have attach-
ed if that person had conveyed to ano-
ther without notice,
379
1. Tenant for life is entitled to the pos- 2. In order to prevent the statute of usury
applying to such transactions, it ought
to appear
"that the lease was con-
"tracted for, wholly independent of,
"without any regard to, and uncon-
"nected with a loan, or treaty or com-
"munication for a loan of money."
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
the lessor, is a fraudulent evasion of
the statutes of usury, and an undue
advantage taken of the lessor, and
therefore void. Drew v. Power, 182 1. A quasi estate tail cannot be barred
4. In such cases, the true consideration
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
that which induced the granting of
the lease,
191, 192 1.
5. The statutes against usury are found-
ed on principles of public policy; and
it is against public policy that those
who make profit on their money with-
out hazard should have as large a
profit as those who employ it in ha-
zardous undertaking,
195, 312
6. A lease granted at the same time with
All wills to be proved shall be pro-
duced in the custody of the proper
officer, and delivered to the exami-
ner or commissioners, and by them re-
delivered to the same officer after exa-
mination closed. General Rule, 114
a loan of money by lessee to lessor, set See PRACTICE, 2, 3, 4.
aside; although the proposal for con-
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