The Sun.
London, England, 1849-12-31 00:00:00

MONDAY EVENING,

BLA.CTIDURNE, when Master of the Rolls, some six

years since.
Baron Rictrvans, the senior Commi,sioner, in
pronouncing judgment, declared, with the full con-
currence of his Learned Brethren, that the Couit
" had no jurisdiction to interfere and prevent a
boat fide creditor from trying to have the property
disposed of under the Act." This broad rule
will show that any person having a legitimate
claim, no matter how trifling, in proportion to the
value of the estate chargeable therewith, may institute
proceedings for a sale, and that at an expense so mo-
derate that it cannot deter any party from obtaining
effectual redress.
After the conditional order had been made absolute
a new question arose as to the person to whom the car-
riage of the order andthe management of the sale should
be intrusted. The solicitor who obtained the carriage
of a decree under tbe Court of Chancery, respecting
a property of such value, would have realised enor-
mous profits. The question was, therefore, frequently
contested with the utmost energy, and heavy expenses
incurred, which were generally made what was
termed " costs in the cause," or, in other words, would
be thrown upon the uncortunate inheritor. There
had not as yet been any practical experience of
the working of the new tribunal, and con-
sequently the carriage of the order was stoutly
litigated—the solicitors of four different parties
contesting for the prize, viz., Lord PORTARLINGTON,
in his double capacity as inheritor and creditor ;
Mr. BLOUNT, who represented debts to the amount of
400,000/.; Colonel DAwsoN DAMER, who was the
devisee of one of the estates producing about 3,0001
per annum, and who was also a creditor for a small
judgment debt of 3181., of which he had obtained an
assignment, after the conditional order had been
made; and, finally, the petitioner, to whom
about one • fourteen - hundredth part of the
value of the estate was due. After consi-
derable argument the carriage of the order was
given to Mr. BLOUNT, Lord PORTARLINGTON having
withdrawn his claim, it being his Lordship's intention
to bid for the estate at the sale. Although the
motion was important to the parties themselves, and
as indicating the future practice in similar cases, it
was only rendered interesting to the public by the
observations that fell from the Learned Commissioners
in delivering judgment, which show their full deter-
mination to prevent the accruing of any large
or unnecessary costs, so that the entire proceeds of
the sales that may take place will be availab!e, with
very trifling deductions, for the benefit of the cre-
ditors and proprietors. Baron RICHARDS declared
that he "could state that the costs to be incurred in
the execution of the Court would be, indeed, very
trifling, for the Court would not allow the accumu-
lation of any costs that could be avoided." Dr. LONG'
FIELD, however, entered more into detail. He said,
" He wished it to be understood that there was no
such thing as giving the whole of the carriage of pro-
ceedings in court to one person, as in Chancery. Who-
ever had documents which would facilitate the sale
should brirg them in, whether be had the carriage of the
order or not. In that case everything necessary had
been done by Mr. Blount's solicitor (Mr. Palmer) or
those acting for Lord Portarlington, so that if the peti-
tioner got the carriage of the proceedings the costs in
the transaction would not amount to twenty pounds.—
(Laughter.) In fact it was the Court who had the
carriage of the order, and after that was made the Com-
missioners were similar to the sheriff who had to sell
property under execution. He could demand informa-
tion on the subject from any one who could render it.
Ile might employ any person to conduct the sale, if
he thought he could do so most advantageously, whether
he had interest in the estate or not."
And Mr. Commissioner HARGRAVE fully concurred
in what had been stated by the Learned Commissioner
"as to the costs and keeping down of expense in
carrying out the order for sale."
Under such circumstances it is clear that what has
hitherto proved a great source of emolument to the
legal profession in Ireland will henceforth be removed.
If the carriage of the proceedings for the sale of
an estate of 32,0001. per annum can now
be conducted at a cost of 201, which formerly
would have amounted to nearly as many
thousands, it is manifest that the goose with the
golden eggs has been destroyed, and that the emolu-
ments of the Irish bar will henceforth be restricted
within very narrow limits. If the proposed extension
of the jurisdiction of the assistant-barristers should
ba adopted next year, a further reduction
of profits will take place, so as to render
the profession not worth following by nine-
tenths of the present praetitionem Under
such circumstances, then, we ask, is it not a matter
of justice, as well as of expediency, that an amalga-
mation of the professions in both countries should
take place, and that Irish barristers and Irish solicitors,
in return for the advantages of which they have been
and are about to be deprived, should be permitted the
privilege of practising in all parts of the United
Kingdom ? And we fearlessly ask the par-
ties more immediately concerned whether those
who advocate the full and complete amalgamation
are not actuated by a more sincere desire for their
true interests in demanding forensic reciprocity than
the so-called nationalists, who would still desire to
keep them in a state of paltry provincialism, and to
debar them from any chance of obtaining the high
prizes opened in this country to every man of merit,
industry, and learning ?