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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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