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3 Legal Rep. 1 (1842-1843)

handle is hein.journals/leglrept3 and id is 1 raw text is: THE LEGAL REPORTER. EQUITY EXCHEQUER. MICHAELMAS TERM. 1842. Thursday, 3rd November, 1842. Practice-Attachment against Tenant- Affidavit ofservice of order on Tenants -Loss of-How cured. BIRMINGHAM, Petitioner; BRYAN, Re- spondeut. This court will grant an order for at- tachment against a tenant under the Court, although the affidavit of service of the order on tenants to pay rent to receiver be lost, when the loss be sworn to, and when the person who served the order has left the Country and if the tenants have paid rent to the re- c eiver in pursuance of the order. Mr. J. R. O'Flanagan, on behalf of the reciver, moved for a conditional order against the tenants of certain lands in the County Tipperary for non-payment of rent. This motion is a side bar rule obtained in the office; but in consequence of the non- production to the officer of the affidavit of service of the order on tenants to pay rent to receiver, the officer refuses to give us the .order. The receiver swears that the ser- veral tenants mentioned owe upwards of a year's rent, and that he is unable to enforce payment by distress, from the lawless state of that part of the country, and that if a seizure was made the goods would be certainly rescued. Brady, C. B.-Is it sworn to by the receiver, that the affidavit of the service of the order on the tenants has been lost ? Mr. O'Flanagan-Yes, the receiver also states in his affidavit, that the person who served this one on the tenants has since left this country. Brady,C. B.-That accounts fully for your not being now able to procure another affidavit of ie service: have any of those te- nants paid rent to his receiver. Mr. O'Flanagan-They have all paid rent to the receiver up to May, 1840, when he passed his account. Brady, C. B.-I think you have made a case against these tenants, and you are entitled to a conditional order. Conditional order granted. Friday, 4th November. Practice-Queen's Counsel-Privilege of Outer Bar. REID v. DE MONTMORENCY. This Court will not permit a Queen's Counsel to call the proofs in an Equity cause, it being the proper duty and privilege of the members of the Outer Bar to do so. Mr. J. J. Murphy, Q. C., was calling proofs for a defendant in this case, when several members of the outer bar. Messrs. Arabin, White, Ardell, Gorman, Atkinson, &c. &c., stood up in court to assert the pri- vileges of the outer bar, and Mr. Arabin, as senior present addressed the court, and submitted that it was not correct practice for a Queen's Counsel to call proofs that B

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