The Sun.
London, England, 1849-10-26 00:00:00

IRELAND.

--.,
(FROM A CORRESPONDENT.)
OPENING OF THE ENCUMBERED ESTATES

COMMISSION.

DUBLIN, WEDNESDAY, OCT. 24.
This day, at twelve o'clock, the Commission for the
Sale and Transfer of Encumbered Estates in this country
was opened in the Court of Exchequer by Baron Richards
and Messrs. Mountiford Longfield, LL.D., and Charles
J. Hargrave, Esq., the Commissioners appointed by her
Majesty. The court was very much crowded by bar-
risters and solicitors. When the Commissioners had
taken their seats on the bench,
The Right Hon. Baron RICHARDS (Chief Commis-
sioner) said—This being the first public sitting of the
Court for the Sale and Transfer of Encumbered Estates
in Ireland, as established under the Act of Parliament
passed in the sessions holden in the 12th and 13th years
of the reign of her Majesty Queen Victoria, it may be
right briefly to call attention to some matters connected
with the establishment of this court, and with the
course of procedure which it is our intention to have
adopted for the purpose of carrying out the provisions
of the statute. The Act of Parliament from whence all
oar jurisdiction is derived appears to have received the
Royal Assent on the 28th of July, 1849, and, shortly
after that time, Dr. Longa(ld, Mr. Hargreave, and myself
had the honour to be appointed Commissioners by her
Majesty, pursuant to the Ist section of the Act ; and
with all convenient speed afterwards, we, the Commis-
sioners, assembled together, and proceeded to frame a
code of rules for regulating the course of procedure
under the Act, and for securing the due execution of
the powers vested in us, and giving effect to the pro-
visions and objects of the Act. These rules we
were enabled to lay before her Majesty's Privy Coun-
cil in Ireland for their approbation or amendment
on the 18th September, 1849. Some of these rules that
Right Hon. and Learned Body were pleased to strike
out altogether, and to alter others; and on the 17th of
October, 1849, the Privy Council were pleased finally to
dispose of the matter, and to express their approbation
of the rules as so altered by them, and immediately
afterwards the rules, as so altered, were, as I under-
stand, enrolled in the High Court of Chancery
as required by the 10th section of the statute, and that
being done, we have thought it right to name this day,
being the earliest that we could well appoint, for the
opening of our court. I may mention that certain of
the rules which we have laid before the Privy Council
were relative to matters of form merely, and to the mode
of commencing and continuing proceedings in our
court, and though we felt that we had sufficient
authority of ourselves, under the 9th section of
the Act, to frame rulea and regulations of that descrip-
tion, without requiring the approbation of the Privy
Council, we thought it would be more satisfactory
that the entire of the proposed plan and frame-work
of our court should be laid before the Council,
rather than a mere fractional portion of our in-
tended practice, leaving it, however, to that learned
body to deal with the rules generally in whatever
way they might, in their wisdom, think proper; and
accordingly the Privy Council, considering it unneces-
sary that their approbation should be required in respect
to matters which fell within our own authority, under
the 9th section of the Act, did, as I understand, strike
out all those rules which appeared to them to partake of
that character. But they, no doubt, also varied other
rules, which we submitted to them in many important
particulars. I mention these matters chiefly to ac-
count for our having introduced into a separate code,
and upon our own authority alone, certain of those
forms and directions which, if the matter were unex-
plained, it might be supposed the Privy Council had
dissented from; but that is not the case. We, are quite
aware that, wherever the Privy Council varied or ex-
punged any of the rules submitted to them, except upon
the grounds that I have mentioned, we had no autho-
rity to retain those rules so disapproved of, nor have
we any disposition to assume the authority of
running counter in any respect to the judgment of that
learned body. With regard to the rules themselves, it
would be taking up time unnecessarily if I were to at-
tempt here to state them either in detail or otherwise; all
persons who are desirous of making themselves acquainted
with the subject would do well to study attentively
both sets of rules and forms—l mean those approved of
by the Privy Council and those emanating from ourselves,
and propounded upon our own authority. We have
endeavoured to make all those rules as plain and as clear
as we could, and those that have been framed under the
10th section of the Act having, in their present state, re-
ceived the sanction of such distinguished personages as
presided at the Council Board, I should hope they will not
be found very difficult to be understood. But considering
the novelty of the subject, we think it right to invite
those who intend practising in the court to communicate
freely with us in case of any difficulty arising in their
minds, in regard to any of those rules. Such com-
munication, however, must be made in public, and
at the sitting of the court, and not in any other
manner, or at any other time. Having said thus
much upon the subject of our general rules and orders,
I would next observe that although we (the Commis-
sioners) are now perfectly ready and most anxious upon
our parts, to proceed with the business of our court; yet
I. do not well see how we can advance a step until some
fit and proper place shall be provided and prepared for
us in which to hold our sittings, and more especially a
place in which the office business of our court can be
carried on, and where the pleadings and documents
connected with the business of our court can
be deposited, and safely kept, and filed, and re-
gistered. It is not to be expected that our secretary
can keep all those pleadings and documents about his
person, or even in his own domicile; and I would not
think it right that valuable papers and muniments of
title and deeds should be lodged with our officer until he
shall have a safe and convenient place in which to de-
posit them. I trust, however, that ere long, we
shall be provided with all necessary accommoda-
tion for the purpose of carrying on the business of our
court;indeed I have every reason to believe that his
Excellency the Lord-Lieutenant and the Government
are most anxious to second our efforts to obtain
that accommodation with as little delay as
possible. But until this accommodation shall be
obtained I :greatly fear that the business of
the court must be very much impeded. Ido not
feel that it is within my province to touch upon the
general policy of this measure, except to say that nothing
shall be wanting on the part of the Commissioners to
carry out, as far as in them lies, the greatobject which
the Legislature had in view in enacting this law, and we
hope and trust that public expectation may not be dis-
appointed. Upon the subject of sales before us, I
would wish to call public attention to our six•
teenth rule ; and chiefly because that rule esta-
blishes a practice essentially varient from the practice of
every other court of equity both in England and 'Maud,