The Sun.
London, England, 1849-12-07 00:00:00

A INOR.

Mr. CANE, Q.C., on behalf of the guardians, ap-
plied for an extension of the time for showing cause
against the conditional order for a sale granted
in the matter. When the order was served on
the solicitor for the minor he apprised Master
Murphy of the circumstance, and consulted
him as to whether any proceedings should be taken in
reference to that order; and the object of the present
application was to extend the time for showing cause,
until the first day of next term, by which time the
master's report would be made.
Baron RIOUARDS said that the Conrt had no objec-
tion to give a reasonable time—say a week from that
day ; but that they could not think of postponing it
until the first day of next term.

IN THE MATTER OF THE ESTATE OF WILLIAM
HASTINGS GREENE.

Mr. MTBor moved that the conditional order ob-
tained in this case, on the petition of David Daly,
be made absolute, notwithstanding cause shown to
the contrary. The owner, Mr. Greene, was pos-
sessed of, three estates, but the conditional order for a
sale, granted upon the petition of Mr. Daly, only
referred to one of those estates, situate in the county
Kilkenny. Mr. Robert William Cherry, the solicitor
of Mr. Greene had made affidavit of cause against -
Baron RICILLEDS—You had better let him state his
own case.

Mr. HAMILTON SMITH, who appearad. for Mr.
Greene, stated that his client was the owner of three
estates, in the counties of Cork and Kilkenny,
and they were subject to vast incumbrances,
amounting, he was afraid, to almost the entire value
of them. Some of the incumbrances affected only
one of the estates, and others the three. Mr.
Daly's petition, founded on an incumbrance of
1,0001. affected the estate of Dangan, held under the
Marquis of Waterford, on a lease of lives renewable
for ever ; but Mr. Greene, who was also a petitioner
and tenant for life, and his son who was tenant in tail,
were anxious to have all the estates sold, in order that
all the incumbrances might be paid off, and the
residue of the proceeds invested for their own benefit.
Baron RieuxuDß—Does the incumbrance petitioner
seek to sell all?
Mr. SIETTII—No, my Lord, only the estate called
Dangan. But Mr. Greene is desirous to have all
sold, as he thinks there can be no satisfactory result
from the sale of one estate only.
Mr. M'Enor said that what Mr. Smyth had stated
was not cause against the conditional order obtained
by Mr. Daly. It had not been shown that the
lands in question were not subject to the
incumbrance, nor was the motion supported
on any of the grounds allowed by the Act. Mr.
Smyth had not shown that the sale for which Mr.
Daly had got the conditional order was not expe-
dient; on the contrary, he stated that it was, and
therefore he (Mr. M'Eboy) submitted that it was
scarcely within the discretion of the Court to refuse to
make the conditional order absolute.

The Commissioners having consulted together for
some time,

Baron EICHARDS pronounced their decision. He
said they were of opinion that Mr. Smyth's client had
misapprehended his course in coming to show cause
against the conditional order granted on the petition
of the incumbrancer. No cause had been shown ;
the petitioner could not go for more, and the Court
thought his petition was properly brought.
On the part of the owner it was stated that
another course would be more convenient
and expedient, but the petitioner was not in
default, and if he had not come forward now he
would he turned out of court, with costs. Though
the Court might be of opinion that it would be better
to proceed on a petition that embraced the whole
matter, and would enable the Court to do full justice,
they were also of opinion that the incumbrance peti-
tionar was entitled to his costs on the motion and in
the matter, and that his petition should be stayed, the
owner undertaking to proceed to have his conditional
order for a sale of the entire estates made absolute.

Mr. SMYTH—That quite meets our views ; we wish
to have all sold. I submit that Mr. Greene is entitled
to his costs. _ .

_Caron RicHAßDs—Yes ; his proceeding was for the
benefit of all parties, and we think he is entitled to his
costs in the matter.

Mr. SMYTIL observed that costs were incurred in the
matter in the Court of Chancery, to the amount of
401. or 501. a day. _

The business before the Court having been all dis-
posed of,
Baron RICHARDS stated that, from the state of the
business for the full Court, and from the portion of
it that could be transacted in chamber and in the
office, the Commissioners thought it better to defer
sitting in full Court till Saturday week. The
public and the profession were aware that applications
for the carriage of decrees could be always made in
chamber; indeed there were very few applications
that could not be made there. Therefore, the full
Court would not sit until Saturday, the 15th, he
hoped in the Prerogative Court, as great.inconvenience
was felt from sitting at a distance from the offices of
the Commission.

The Court was then arljourned till Saturday, the
15th inst., at half-past eleven o'clock.

MunnßE.—The inhabitants of Ferbane were
thrown into great alarm on Wednesday evening last,
when a woman in a state of frenzy ran through the
streets to the police barrack, stating that she had
reason to fear her son was murdered in the Wood of
Glyn, near that town. The police went to ascertain
if such were the fact, and returned to their quarters
bringing with them the murdered remains of a young
lad, aged about sixteen, named Andrew M'Loughlin.
On Friday morning, the coroner, Mr. Dillon, held
an inquest on the body, when Julia M'Loughlin, the
mother of the deceased, deposed that her son was
woodranger of Glyn, and caretaker to James F.
Armstrong, Esq., of Balliver, all in the King's County;
that he left home for the wood in perfect health, about
two o'clock on Wednesday evening last, taking with
him a little dog that usually accompanied him ; that
she became restless and uneasy at or about four o'clock,
for what reason she could not say, but she made for
the wood, accompanied by another son, and entered it
by the way he usually took ; that she had not got far
into it when she found his stick on the path, and a
little further on she observed his cap on the grass,
the little dog 1.3 ing on it " crying"—she then
ran about the wood calling him, and, not getting an
answer, she ran into town, and reported the particu-
lars to the police, who accompanied her to the wood,
where they ultimately found her son dead. After
the examination of the constables who assisted the
unfortunate mother in her search for her son, the
jury returned a verdict of wilful murder against some
pFrson or persons unknown.— King's County Chro-
nicle of Wednesday.
THE FUNDS.—Three per Cent. Consols, 95 : Three-
and-a-Quarter per Cent. Stock, 95'3 ; Commercial
Buildings of 461. 3s. Id., 31 ; National Bank, 18
Dublin Consumers' Gas, 41-1 ; Great Southern and
Western, 31-1- ' • Midland Great Western and Royal
Canal, 233- ; Steam Ship Building Company, 46 ;
Waterford and Limerick, Bi.

FLEET WOOD, DEC. 6.—Arrd. St. George, Restigouche.
HULL, DEC. 6.—Wind S.E.—Arrd. Granville Day,
Atkinson, Quebec.