The Northern Daily Times.
Liverpool, Merseyside, England, 1857-01-17 00:00:00

MARRIAGE

On the 10th inst , in the parish church, Carrickfergus, by the Rev.
C. B. Knox. Walter Mearns, a recipient of Gill's Charity, aged 84,
to Jane Boyce, of King's Moss, aged 30. An immense crowd
assembled at an early hour with various sorts of musical instruments
to usher in the remarkable event. The scene which followed the
celebration of the marriage may be more easily imagined than
described.
DEATH

On the 15th Inst., at Hill Side Cottage, Holt Hill, aged 89, Mary,
eldest sister of the late Mr. John Fisher.

RECOGNITION OF TENANT RIGHT BY THE

IRISH COURT OF CHANCERY.

Tenant right in Ulster has assumed many shapes, but it
never, perhaps, came before the public in a more extraordinary
manner than in a case which was brought before the
assistant barrister, at the Hillsborough quarter sessions
on Monday last. A tenant on the Downshire estate died
in 1852. His farm consisted of twenty acres held on lease,
but will his death the lease expired. as his was the_ last lite in
it. He bad made a will by which he left the farm to his son,
and bequeathed legacies of £250 chargeable on hie chattel pro
property, but in case that property should prove insufficient, he
made the legacies a charge on the farm. He named three
executors, but they renounced; whereupon his son took out
adrniuistration with the will annexed. He then applied at the
agency office to be the acknowledged tenant of the farm, but
had to pay an advanced rent of £32 a year for she twenty
acres—i❑ fact, the improvements alleged to be made by the
father were valued by the office in the advanced rent to the
son. The chattel property proving insufficient to pay the lega-
cies, the son refused to pay them out of the farm, alleging that
he did not hold it under his father's will, as the lease having
expired with his father's life, he could not will the farm, much
less charge it with legacies—that at any rate he held the farm
not under his father's will, but direct from the "office," and
that at an advance from the former rent. The legatees
insisted that the son should pay a sum equal to what the farm
would have produced in the market had the tenant right been
put up for sale by competition. It was true he held at an
advanced rent direct from the office, still the right of occupancy
was worth something, and whatever sum it was marketable
value for, they insisted on having in payment of the legacies
The result was, as the parties could not agree, a cause petition
was filed in the Court of Chancery. The case was sent on
reference into Mr. Brooke's office, and he directed three issues
which came on for trial on Monday last, viz. :
" First : Whether any preference was given to the son by
Lord Downshire, in consequence of the laud being charged
with legacies, or in consequence of his being administrator of
his father ?
" Second : Whether the same preference, if any, would have
been given in case there had been competition for the lands ?
"Third : Was the son's interest, or the tenant right of the
farm, when he obtained possession of it at the increased rent
of £32 a year, of any, or what marketable value, had it then
been set up for sale by competition, with the leave of the
office ?' "
Such in effect were the three issues directed by the master,
and one does not well know what to admire most, the ingenuity
with which they are framed, so as to purzle a jury and protract
litigation, or in the insinuating dexterity with which it is
sought to give to " airy nothing a local habitation and a name.''
The evidence went to prove beyond all doubt the existence of
the tenant right custom on the Downshire estate, but the jury
ultimately admitted their inability to give a verdict on the first
and second issues, but on the third they found that the son
had an interest in the farm, even at the advanced rent of £32
for the 20 acres, and they valued that interest, or, in other
words, valued the right of occupancy at £325. Of course, on
this finding, the case goes back to the Master's Office, out of
which we wish the parties litigant a good deliverance. This
is, we believe, the first instance in which issues have been
directed by Chancery founded on the tenant right custom.
Various and conflicting as that custom operates throughout
Ulster, differing essentially as it does even ou estates adjoining
one another, bei:,g the very reverse of uniform in its principle,
or consistent in its action, the case now before us presents
about as remarkable features as any the custom has ever yet
exhibited.—Belfast Mercury.

On TnuasuAY, the 29th instant. at Twelve o'clock, at the
Brokers' Office. 2, Dale-street,
9 Tons INDIA RUBBER.
Apply to BROWNE, HUNTER & CO., Brokers.

On Two ItSti the 29th instant, at Twelve o'clock, at the
Broker.' Office, Dale-street,
4 Cases East India IVORY.
Apply to BROWNE, HUNTER CO., Brokers.