The British Press; or, Morning Literary Advertiser.
London, England, 1804-08-02 00:00:00

A REPORT

Or Vit SOLICITOR OF Mint OH TUS 111ROCI.L0-.
INOS FOR RECOVERY Of THE SALMICER our BY
THE DISMISSED ♦ND ULCER/SD COLLECTORS IN
IRELAND.

HOMCWR AII LE SI as,
In-obedience to your Honour's order, I lay before
you the following account of the proccedinp againq
dismissed and deceased Cylleaors in the inland de-
partment of the revenue.

STR \R►\E.

sta :TORN STEW ALT IIAMILTON, SLIT. cott.mroa.

In this case Charles 111.Clenachaa was surety for
the Colledor, and it appeared that he solely 3,fied
in the business of the collection, and the balance
due in his hands, and on his death came into the
hands of Charles Al'Clenachan his son, his heir and
executor, and proceedings by acire Acids were had
on the bond by the Collector, and the said Charles
M'Clenachan the son, to which every opposition was
given. In the year 1794, the Attorney-General re-
plied to the plea of the said Charles M.Clenachan,
and he applied to the court for time to rejoin,
which the court granted ; but, instead of rejoining,
he filed a demurrer to die replication, And in Hilary
1795, the court set aside the demurrer, and gave
him liberty to file a rejoinder, which has been filed,
but it is not issuable, and it is now before the At-
torney-General for his diredions in what manner to
proceed on it.

KILKENNY.
SIMON KING, COLLECTOR.
In this case, the said King was appointed Collec-
tor, but he was only nominated by Daniel Osbo.rnt.,
who was to ad as it were under him, and to be the
efficient person, and the said Osborne having been
the person who received the money, the balance was
due by him.
Osborne was surety for King, and proceedings
were had against (him) and the lards of Grangs
and Killm Oliver, in the County of Kilkenny, were
seised into the King's hands; the said Osborne with-
drew from the kingdom, and William Osborne his
son became possessed of his property. In 1793,
the said o,borne the son, having laid the circum-
stances of his affairs before the Commissioners of
the Revenue, and proposed to pay the balance, being
then 1,0621. 17s. tad. by instalments, '2501. in one
month, 1001. on Ist of May, 1794, and from thence
1501. yearly, until the debt and costs should be dis-
charged ; the Commissioners agreed thereto, and
took his bond to pay it ; accordingly, the sum of
2851. hath been since paid into the treasury on ac-
count, which reduced the balance to the present sum.
and a payment is promised to be shortly made.

TRIM.
EDWARD VERNON, COLLECTOR.

In this case, the Sureties for the Colleetor died
and the late Earl of Wandesford was the only
surety, whose estate, after his death, was subjea
his debts, and a teire-/•acid, against the heir and ter•
tenants of the said Earl of Wandesford issued, to
which the Countess of Ormonde pleaded, that the,
F.arl of Wandesford was not seised of the lands
\which the Sheriff had returned as having been his,
estate.

Ibis rendered it necessary to discover the circum-
stances of the estate, and from searches made, and
from the will of the E:ttl of Wandesford, it appear-
ed, that there were incumbranses on the estate, which
at common law (the legal estate in the lands not, be-
ing the Earl of Waridesford's) might be a bar;
and it having appeared by his will, that he
devised his estates to trustees, in trust, among
other things, to pay his debts, and a state of
the circumstances having been laid before the
Attorney-General for his advice, whether by a pro-
ceeding in equity, the estate might not be sold ac-
cording to•the will, he approved of the same, and an
information in equity to be decreed to a sale was
filed, and moms served; shortly after which the
Earl of °neon& died, and the circumstances of the
case having been thereby altered, a new information
was filed, but the Hon. John Butler ‘Vatidesford,
the second son, to whom the estate of the Earl of
Wandesford was limited, after the decease of th 2
Countess of Ormonde, immeaiately afterwards die,!,
and another information, according to the circum-
stances, has been lately filed.

STRABANE
JOHN TYRRELL, COLLECTOR.
In this case the Colleflor died without leaving
any property. aad proceedings by se-Jo-facia. were
had against the heir and tertenants of Duke Tyrrel
his brother, who was one of his sureties, and who
had died, and the sheriff returned thereon that he
was seised of certain lands in the county of West-
meath; after the usual proceedings the lands
were seized ; but it afterwards appeared that the
lands were mortgaged and sold under a decree, and
that the crown could not pursue them. The late
Lot d Belvedere was surety for the Colleilor, and
thereupon proceedings against his heir and tertenants
were had by acirefaeias, to which the present Earl
of Belvedere filed a plea of non•seizen, as in the
former case of the Earl of Wandesford, to which,
*om information lately received, this case is some.
•what similar; and it seems as if an information in
equity for a sale would be proper, and a state of
the circumstances has been prepared for the advice
of the Attorney-General, and such proceedings as
he shall advise will be pursued.

DUBLIN CITY IiXCICE.
pagm KMOI, coa.Lecroa.

In this cage the security given was for 6000 ; the
Colletor's brotlicr,now Lord Northland, was surety,
an,' proceedings on the bend were had against him;
after which he propose,' to the Commissioners of
the revenue, to pay the sum for which be was bound
by instalments, which he accordingly paid, to the
amount of $OOOl.

The said John Knox, the Ci)lleanr, was the only
objea for the remainder of the balance, and pro-
ceedings were had against him. and 2.3001. was re-
covered and paid. It appeare.l that the property of
the Coßeam. was embarrassed with prior ;molten-
brances. and v. ith a settlement by Which he was
tenant for life, and that it would be extremely diffi-
cult to recover any thing out of it ; but as the pro-
ceedings were irr.iientling, the said Knox laid before
the then law officers for the crown, a state of his cir
cumWances, with a proposal to secure a certain sum
by way of composition fox the whole.
The law officers saw, that though they were to
proceed to the unman, they could not tatoircr so
mach as be tiered to secure; )et th” the Tht it

inexpedient in the lifetime of a CollPflor /lc.st It
might be an encouragement to .othera to run in ar-
mor) to Agree to such a comrosttion : attempts sr:Tr
made to arrest the said Knox, which he evaded ani
absconded, and afterwards died, so that the rentan .
der of the debt he owed cannot be recovered.

MALLOW.
COWARD I Y VRS. COLI.I.CTOR.

In this case the arrear accined by the Colleaor'6
clerk hating embezzled the money, and the cob.
team brought an aaion for the recovery of it, is
order to enable hint to pay it t this anion was tried
at a former Cork assizes, and a verdia obtained for
the Plaintiff ; and it was expeaed that the Cellelor
would thereby have means to pay, but a teir.-taw,
at the suit of the Crown is now making out on t.c
boad.

KIIKENNY.
Jostrm NATE'Lws, COLLECTOR.
In this case the estate of the Collector was qc,,,a
into the hands of the Crown, and by payments rude
into the treasury, the balance was reduced to t'..v
sum of 5201. 7s. 6jol. returned by the Accouctara,
GeoerAl to be the balance due, but this return wz,
made from the accounts as. they stood at Lady-dAr
1794 ; after which time the said 5•,!U1. 7z. 64/. wag
paid into the treasury ; but I see this is not is the
Est lately referred to me.
CAVAN.
wittram FARIS COLt ECTOII.

In this case a 3ClPeliif:,3 issued, anti judgrong
was obtained on it; some premises in the distiiit,
which were wanting for the use of the revenue, we
proposed to be sold by the Colleeitor in liquidatiee
of the balance, and proceedings were stopped, bat
they may be taken up at any tune.
ATI!Lt)NE.
101111 DALTON, COLLECTOR.

In this case, the said John Dalton died, rrd
scirt-fecia, issued against his heir and terterunts; sal
after much litigation, judgment was had against the
lands of Ardrass, in the county of Kildare ; an as
ertcat is now to be issued for seizing thesclands.