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Labatt, the Rev. Andrew Tyrrell, of Williamstown, county Dublin; previously of Lower Dominick-street, Dublin; formerly of Charleston-road, Rathmines, county Dublin, clerk and tutor. Petition filed 24th November, 1870, Hearing at the Four Courts, December 14, at 11. Rynd. solr.

Meledy, Michael, of Mary-street, Dublin; previously of Britainstreet, Dublin; formerly of Bull, Halston-street, and Mary's-lane, Dublin, labourer. Creditor's petition filed 27th September, 1870. Hearing at the Four Courts, December 14, at 11. Ramsay, solr. Mulcahy, Jeremiah Hodges, of Mountain-view, Orwell-road, Rathgar; previously of Hollyville, Upper Rathmines, county Dublin; formerly of Upper Buckingham-street, Dublin, artist. Petition filed 21st November, 1870. Hearing at the Four Courts, December 7, at 11. Rynd, solr. Sweny, John Paget, late of West Chester county, State of New York, United States of America; previously of 43a, Richmond-street, South, Dublin; and now of said Richmond-street, Dublin, undertaker. Petition filed 21st November, 1870. Hearing at the Four Courts, December 7, at 11. Mathews, solr.

To be heard in the Country.

Cochrane, Thomas, of Singland, county Limerick, miller. Petition filed 24th November, 1870. Hearing at Limerick, January 10, at 10. Doyle, solr. Cunningham, John, of Foyle-street, Londonderry, publican, tobacconist, and newsvendor. Petition filed 2nd November, 1870. Hearing at Newtown limavady, December 28, at 10. Glover, solr.

Darcy, John, of Cloverfield, county Galway, gentleman. Petition filed 23rd November, 1870. Hearing at Galway, January 4, at 10. M'Namara, solr.

Davies, John, of Legfordrum, county Tyrone, arrested as John Davis, of Douglas, county Tyrone, farmer. Petition filed 14th November, 1870. Hearing at Omagh, January 3, at 10. Moore, solr.

Devereux, Mathew, of Blackfriars, Waterford, victualler; previously of High-street, said city, journeyman butcher. Petition filed 28th October, 1870. Hearing at Waterford, January 5, at 10. Strange, solr. Doherty, James, of Waterside, Londonderry, publican, saddler, and harness-maker; formerly of same place, saddler and harness-maker; Petition filed 7th November, 1870. Hearing at Newtownlimavady, December 28, at 10. Glover, solr.

Fullerty, Robert, of Tamniaran, county Londonderry, farmer. Petition filed 20th October, 1870. Hearing at Newtownlimavady, December, 28, at 10. Glover, solr. Jack, Andrew, of Edergold, county Tyrone, farmer; previously of Pennsylvania, in America, yeoman: formerly of Edergold aforesaid, farmer. Petition filed 18th November, 1870. Hearing at Omagh, January 3, at 10. Elliott, solr. M'Nally, Robert, of Garmoyle-street, Belfast, county Antrim, teacher of navigation. Petition filed 22nd November, 1870. Hearing at Belfast, January 10, at 3. Kennedy,

solr.

Monteith, Joseph, of Bishop-street, Londonderry, grocer and spirit dealer; formerly of Bishop-street, trading with James Ramsay, as "Monteith and Ramsay, grocers and wine merchants." Petition filed 18th October, 1870. Hearing at Newtown limavady, December 28, at 10. Glover, solr

Moore, Abraham, of Cullingtree-road, Belfast, county Antrim; previously of Nelson-street, Belfast, art metal worker. Petition filed 18th November, 1870. Hearing at Belfast, January 10, at 3. Kennedy, solr.

Moore, William, of 84, Argyle-street, Belfast, grocer, general draper, and general dealer; previously of Paisley, Renfrewshire, Scotland, grocer, provision and general dealer, trading in Paisley from June, 1868, to March, 1869, in partnership with Alexander Oakes, creditor 2 in schedule, as the firm of A. Oakes and W. Moore. filed 18th November, 1870. Hearing at Belfast, January 10, at 3. Dickson, solr.

Petition

Shiels, Thomas, of Carndonagh, county Donegal, grocer; prePetition viously of Gortnacoole, said county, farmer.

filed 23rd November, 1870. Hearing at Newtownlimavady, December 28, at 10. Glover, solr.

Tully, Mathew, of Cavan, county Cavan, gentleman, attorneyat-law. Petition filed 21st November, 1870. Hearing at Cavan, December 30, at 1. Rynd, solr.

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National Assurance, £25 pd
Patriotic Assurance, £10 pd
Railways.
Belfast & N'rn Counties, £50 pd
Cork & Bandon, 50 pd
Dublin & Belfast Junc., £100 pd
Dublin & Drogheda, £100 pd
Dublin & Kingstown, £100 pd
D., W., & W., £100 pd
Gt. N'rn & Western, £10 pd
Gt. Southern & W'ru, £100 pd
Midland Gt. Western, £100 pd
Waterford & Limerick, £50 pd

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Railway Preference. B. & N. C., 4 p c pp, £100 pd Cork & Bandon, 54 p c pl £6 5s 4ths D. & D., 5 p c rd, 1868, £25 pd D., W., & W., 6 p c pr, £100 pd D., W., & W., 5 pcr 1868 £50 pd D., W., & W., 5 p c (1865) £10 pd G. S. & W., 4 p c pp £100 pd Irish N. W., 5 p cpp, £10 pd, A Mid. Gt. West., 5 p c, £100 pd P'down, Dun., &c., & p c, £25 pd Ulster W. & C. I., 6 p c rd, £100 pd Watfrd. & Limk., 5 p c rd pd £50 Railway Debentures. Gt. Sth. & Westn. (free of stamp), Mid. Gt. Western (free of stamp) Do., 44 p c Dublin & Kingstown ::

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Bank Rate -Of Discount-34 per cent., 15th September, 1870. Of Deposit-14 per cent., 15th September, 1870. Name Days-November 29th, and December 14th, 1870. Account Days-November 30th, and December 15th, 1870. On Saturdays business commences at 11 30 a.m., and the Stock Brokers' Offices close at 1 p.m.

BIRTHS, MARRIAGES, AND DEATHS.

BIRTHS. CRAIG-November 16, at 80, Upper Leeson-street, the wife of Thomas Craig, Esq., solicitor, of a son.

DELANY-November 23, at 7, Percy-place, the wife of Peter Delany, Esq., solicitor, of a daughter.

M'COMBE-November 22, at Annagh, the wife of Alexander M'Combe, Esq., M.A, solicitor, of a son.

MEREDITH-November 23, at 39, Lower Gardiner-street, the residence of her father, the wife of James Creed Meredith, Esq., LL.D, barrister-at-law, of a son.

MORRIS - November 21. at 22, Lower Fitzwilliam-street, the wife of the Right Hon. Michael Morris, third Justice of the Common Pleas, in Ireland, of a daughter.

PERROTT-November 20, at St. Mary's Lodge, Simmons Court, the wife of Charles L. Perrott, Esq., solicitor, of a son.

DEATH.

MEREDITH-November 23, at 39, Lower Gardiner-street, the residence of her father, Catherine Carew, the beloved wife of James Creed Meredith, Esq., LL.D., barrister-at-law, aged 20 years.

LEGAL POSTINGS:

COURT OF BANKRUPTCY & INSOLVENCY.

In the Matter of

IN BANKRUPTCY.

Hugh M'Gonagle, of Bun-THE Judges of the Court of

Bankruptcy and Insolvency will crana, in the County of sit at the said Court, Four Courts, Donegal, Grocer, a Bank- Dublin, on FRIDAY, the 9th day of rupt. DECEMBER, 1870, at the hour of Eleven o'clock in the forenoon, for the Admission and Proof of Debts, and the Final Examination of the Bankrupt in this Matter.

Whereupon, if no prosecution shall have been directed by the Court, nor any charge of fraud entered on the proceedings, nor any objection to the signing of the Bankrupt's Certificate be entered in the Court, such Certificate will be forthwith prepared by the Chief Registrar, and signed by the Judge.

All Creditors are required to send to the Office of the Official Assignee, the affidavit of debt, or precise particulars of their claims, specifying any securities held by them, two days at least before said sitting, and of which sitting all persons concerned are to Take Notice.

Dated this 18th day of November, 1870.

HUGH DOYLE, Deputy Assistant-Registrar. MICHAEL LARKIN & CO., Agents to the Bankruptcy, 51 Damestreet, Dublin.

CHARLES HENRY JAMES, Official Assignee, No. 30, Upper Ormond-quay, Dublin.

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DESCRIPTIVE PARTICULARS. The Property for Sale (of which tie purchaser can have immediate possession) is situate within about 3 miles of the Town of Roscrea, 12 miles from Templemore, 8 from Parsonstown, and 20 from Nenagh, all first-class Fair and Market Towns and Railway Stations, between each of which there is direct communication by rail, The Lands are well watered and sheltered.

There is an abundant supply of excellent turbary on these Lands, which adds very considerably to their value.

Mr. James Kennedy, of Parsonstown, Civil Engineer and Valuator, has valued the Lands for Sale at £82 2s. per annum, which leaves an annual profit of £30 7s. Od. over head rent.

For further particulars apply to the Registrar's Office, Landed Estates' Court, Inns'-quay, in the City of Dublin; to

JOHN EVANS, Esq., the Owner, Ballyrickard, Roscrea;

or to

JOHN JULIAN, Solicitor having carriage of the Sale, 52, Lower Sackville-street, Dublin, and Parsonstown.

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Ex-parte Henry Gallwey,

Petitioner.

CITY

On

In the

OF WATERFORD, MONDAY.

The 12th day of DECEMBER, 1870, At the

Hour of One o'clock,

The Two Dwelling Houses, Yards, and Building Ground, known as the "Atlantic Terrace," called "Church Road," in the Town of Tramore, Barony of Middlethird, and County of Waterford, containing 2 acres, 3 roods, and 6 perches, statute measure, held for 61 years, from 29th September, 1847, at the yearly rent of £32 4s. 1d. Tenement Valuation, £41 58.; the net yearly rent and valuation of Mr. James Budd, is £62 158. 11d., sterling.

Dated this 21st day of November, 1870.

H. R. GREENE, Chief Clerk.

DESCRIPTIVE PARTICULARS.

The Estate is held under Lease, dated 14th day of April, 1848, from the Right Honourable Viscount Doneraile, and the Honourable Hayes St. Leger of the one part, and John Waters Maher of the other part.

Recently, a new County Road has been opened through the Premises. This affords to capitalists a favourable opportunity of Building Houses on either side of said roadway.

The present Dwelling Houses are built on an eminence, and command an uninterrupted View of the Sea, the beautiful Bay, and Strand of Tramore.

There is constant Railway communication between Tramore and the City of Waterford.

The Biddings (taken by the Auctioneer) will be submitted to the Honourable Judge Lynch, on the 13th day of December, 1870, at the hour of 11 o'clock in the forenoon, without further notice to any person.

For Rentals and further particulars, apply at the Registrar's Office, Landed Estates' Court, Inns'-quay, Dublin; or to

PEIRSE KELLY, Solicitor having carriage of Sale, No. 37, North Great George's-street, Dublin, and 2, Little George'sstreet, Waterford.

In the LANDED ESTATES' COURT, IRELAND.

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On FRIDAY, the 13th day of JANUARY, 1871, The Townland of Knockanevin, situate in the Barony of Kilnamanagh, Upper, and County of Tipperary, containing 215a Or 35p, statute measure, or thereabouts, held in fee, and producing a net annual profit rent of £113 8s.

Dated this 14th day of November, 1870.

C. E. DOBBS.

DESCRIPTIVE PARTICULARS. The Lands immediately adjoin the Town of Borrisoleigh, and are within 5 miles of the Town of Templemore, 6 of Thurles, and 12 of Nenagh, all Towns of considerable importance, and the last three Stations on the Great Southern and Western Railway: portion of the Lands, consisting of 30a 3r 36p, statute measure, is held by tenants from year to year, and the remainder, consisting of 184a Or 39p, like measure, is held amongst five tenants, under Leases for terms of 31 years from 1st May, 1854.

All the tenants are respectable and solvent, and pay their rents punctually.

For Rentals and further particulars apply at the Landed Estates' Court, Four Courts, Inns'-quay, Dublin; or to

GEORGE BOLTON, Solicitor having carriage of Sale, No. 6, Elyplace, Dublin, and Nenagh.

By whom private offers will be received up to the 1st day of January, 1871, and submitted to the Judge, without further notice to

any person.

Printed and Publisl.ed for the Proprietors, every Saturday, by JOHN FALCONER, at 53, Upper Sackville-street, in the Parish of St. Thomas. and City of Dublin.-Saturday, November 26, 1870.

VOL. IV.

AND SOLICITORS' SOLICITORS' JOURNAL.

SATURDAY, DECEMBER 3, 1870.

THE NATURALIZATION ACT. HARDLY any legal topic exists of more interest than the rules of law which separate us from the other great communities of the world. In old times these were comparatively simple. The rule of the King-that is, the badge of nationality-appertained to the soil of the kingdom. Everyone born within the kingdom became a British subject, and transmitted this right to his children; so everyone being within the kingdom, was subject to all the liabilities of the laws of the kingdom, the only modification of this being that a foreigner on his trial was entitled to a mixed jury-half of subjects, half of aliens. The first break in the strict barrier which the law established between the subjects of this kingdom and of foreign powers was in favour of foreigners, refugees amongst us. From the time of James I. down to the French Revolution, a series of laws was passed both in England and in this country to provide for the naturalization of foreign refugees. These had special reference to the Huguenots, and laid the foundation of our modern principle of naturalization. But though many relaxations were, from time to time, made in behalf of aliens seeking admission amongst us, the old rule treating British-born subjects and their children as subject to English allegiance continued unchanged, and, until recent years, unassailed. In this, as in so many other particulars, the circumstances of Ireland have necessitated a re-consideration of the principles recognized by British jurisprudence. The enormous emigration from this country carried to the United States a population who found the greatest facility in clothing themselves with the privileges of American citizenship, while at the same time they continued, according to British law, subject to the liabilities of British subjects. The difficulties of this state of things was felt in the war of 1812; but the Fenian movement brought out all its defects in the light of modern times. The free communication which exists between different parts of the world, owing to the results of modern science, made the old rule of unchangeable allegiance an anachronism. The case of the prisoners taken out of the "Jacknell," and put on their trial in Sligo, showed the special difficulties it threw in the way of the administration of the law in this country.

Much discussion arose in the press and in legal circles as to the nature of this rule. A Royal Commission was appointed in 1868. Sir Alexander Cock

No. 201.

burn followed up the question the next year with his lucid treatise on nationality. The Act of last session, c. 14, is the direct result of these discussions, initiated by the experience of the Fenian movement. It recognizes for the first time the possibility of a British subject changing his allegiance. By the sixth section any British subject, who in any foreign state has become naturalized in such State, shall cease to be regarded as a British subject, unless he takes steps pointed out in the Act, to show that he wishes to remain a British subject. This provision will not, of course, enable British subjects to escape the penalties of offences committed previous to their naturalization, and is a great step in advance in adapting our jurisprudence to the exigencies of modern civilization. No subject is henceforth, even for national purposes, considered as in a way ascriptus glebo. He may go abroad if he so desires and by obtaining recognition as a subject of another State he, ipso facto, frees himself from all responsibility towards the State he leaves. Another important principle is dealt with in the second class of provisions to be found in this Act, those affecting the status of aliens in the United Kingdom. The old maxim that aliens could not hold land is abolished. There is henceforth no restriction on the holding of property by aliens, except that they cannot become the owners of British ships. (1) These privileges are conceded to aliens, and their right of trial by a jury de medietate linguæ is abolished; (2) A certificate of naturalization is created, by which aliens may obtain the full privileges of British subjects (right to hold public appointments, &c.); (3) These aliens, having so obtained certificates of naturalization on the terms in the Act, may divest themselves of their status as subjects in the State they have left, in which case they are entitled to the rights of British subjects even in that State, but this privilege only belongs to the subjects of that State with which the Queen's Government has concluded a treaty specially for this purpose; (4) Or the naturalized aliens may enjoy the privileges of British subjects everywhere else, except within the limits of the foreign State aforesaid. These latter provisions will be of considerable value to the number of wealthy and distinguished foreigners settled in England; but as regards this country and the public generally, the most important are the provisions for the expatriation of British subjects, and the abolition of that ancient part of

our law-the jury de medietate linguæ. This latter privilege had already been curtailed by the Juries' Act of 1825, the 6 Geo. IV., c. 50, by which it was restricted to criminal proceedings, and we all recollect the recent application of the right in the prosecutions at Sligo, and Mr. Justice KEOGH's decision in the cases of Warren and Costelloe. The effect of this part of the new Act dealing with naturalization in this country, will be to simplify the process and make it more efficient. Until the 6 & 7 of the Queen, naturalization was secured by a special Act of Parliament, and the same course has been adopted since that Act, whenever the alien wished to secure the full rights of a British subject. The 6 & 7 Vict., delegated a discretionary power to the Home Office as to issuing certificates of naturalization, but these certificates always provided in recent years that they shoud only apply within the dominions of the Queen. Thus an alien who wished absolutely to renounce his allegiance to a foreign State, was unable to do so without a special Act. Now, however, this difficulty is removed by the third paragraph of sec. 7, and an alien may acquire the rights of a British subject, even within the State of which he was formerly a subject, if the laws of that State, or our treaties with that State allow of such a course.

THE LANDLORD AND TENANT ACT, 1870.-XIII.
PART II.-SALE OF LAND TO TENANTS.

We now proceed to the consideration of the second
part of the Land Act-that which deals with the sale of
lands to the occupying tenants.
vides that the landlord and tenant of any holding may
The 32nd section pro-
agree for the sale of the holding to the tenant at such
price as may be fixed between them, and upon such
agreement they may apply to the Landed Estates'
Court, jointly or separately, for the sale of the holding
in question.

Landlord and tenant, where the former is absolute owner, may of course enter into such an agreement at present, which the Landed Estates' Court is bound specifically to perform, under the 47th section of the Act. The present alteration in the law consists in vesting the power of entering into such an agreement in a landlord who is tenant for life only of his estate.

This section applies to estates of any tenure, with the proviso that no holding of leasehold tenure shall be sold unless the lease under which the landlord is possessed of the land which forms the holding is a lease for lives or years renewable for ever, or a lease for a term of years of which not less than 60 are unexpired at the time of the sale Where the lease under which the landlord holds contains a prohibition against alienation, the Court cannot sell unless the prohibition has determined or is waived. The land may be sold whether incumbered or not. The protection afforded to incumbrancers, and their position under the Act, will be hereafter discussed. Any body corporate or trustee for charities, and any commissioners or trustees for collegiate or other public purposes, whose estate is fee-simple or fee-farm, or a leasehold of the nature described above, are inIcluded in the term "other limited owners," and empowered to enter into contracts under this section.

We pass by for the present the procedure by which the sale is to be effected. The discussion of this will be included more properly in our commentary upon the Rules framed by the Privy Council for carrying out this portion of the Act.

The conveyance, when executed, is to confer upon the tenant, in the case of freehold land, an estate in feesimple or fee-farm, as the case may be, together with all rights, privileges, and appurtenances, enjoyed or reported as belonging or appertaining thereto, subject

to such charges and interests (if any) as are, by the 36th section, declared not to be "incumbrances;" and subject also (in the case of estates held in fee-farm) to the rents, and grantees' covenants, &c., contained in the fee-farm grant, but free from all other estates, incumbrances, and interests. In the case of leasehold land the conveyance is to vest the holding in the tenant for the period, and subject to the rents and lessees' covenants and conditions contained in the lease, subject also to such charges and interests only as are by the Act declared not to be incumbrances (s. 35).

The following charges and interests are declared not to be incumbrances:-(1) Quit-rents and rent-charges in lieu of tithes. (2) Rights of common, rights of water-courses, and rights of water, and other easements. way, (3) Heriots, manorial rights of all descriptions, and franchises. (4) Charges for drainage, or other charges created under Act of Parliament. Every holding sold under the Act is deemed, in the absence of any expression to the contrary, to be subject to such of the above charges and interests as may be, for the time being, subsisting thereon. Charges, however, belonging to the fourth class enumerated above, must be specified in the conveyance in order to be preserved.

The principal differences between the effect given to the conveyance under this Act, and that of an ordinary Landed Estates' Court conveyance are these:

1. No statement need be made as to easements, &c.; whereas rights of this kind, unless specified on the face of an ordinary Landed Estates' Court conveyance are destroyed by its operation. 2. There is no section in the present Act corresponding to the 85th section of the Landed Estates' Court Act, creating an absolute presumption in favour of the regularity of all proceedings in the matter previous to the execution of the conveyance. The Court must be satisfied as to the sufficiency of the purchase money (sec. 34), a necessary provision when we remember that a tenant for life may convert settled estates into money. The 37th section empowers the Court to determine the right of all parties interested in the purchase money of the landlord's interest, which may be kept in Court if the circumstances of the case render it desirable so to do.

LAW STUDENT'S' DEBATING SOCIETY. THE opening meeting of the twentieth session of this Society was held last Wednesday evening, under most favourable auspices, Lord O'HAGAN being in the Chair. The attendance was numerous and brilliant, but, most unfortunately, the address was delivered in an inaudible voice. The subject the Fusion of Law and Equity-very suitable for a legal audience, was scarcely so suited to a mixed assembly. It is one which would require great powers of thought and expression to make interesting, and it is not wonderful that so young a gentleman as the Auditor did not succeed in keeping the attention, even of those who could hear him The most interesting passages will be found in another column. The topic has lately been the subject of a Royal Commission, whose report was published in a former number of THE IRISH LAW TIMES.

Mr. HERON, Q.C., in moving that the Address be printed, delivered a lengthy dissertation on the Roman Law, and Mr. CARLETON, Q.C., seconded this resolution. Mr. PURCELL, Q.C., proposed, in an able speech, that the Law Students' Society deserves the support of the Bench, the Bar, and the Law Students of Ireland, and Mr. CARTON, Ex-Auditor, followed in a most effective address. The LORD CHANCELLOR, in acknowledging a vote of thanks proposed by Mr. FALCONER, courteous, dignified, and eloquent. Ex-Auditor, and seconded by Mr. RYAN, was, as usual,

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