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tice of adjourning the sale of estates adjournment without some security has also a most injurious effect on sales that a higher price will be procured generally. A recent sale in Chancery on a re-sale of the estate. The faci. fully illustrates the probable effect of lity with which purchasers can pay an adjournment on the future sale of their money and get into possession of an estate. In the year 1846 the sum the lands, the security of title, and of £30,500 was offered at a public the great economy hence attending sale in the Master's office for a por. sales in the Incumbered Estates Courttion of Lord Blessington's estate, and as the purchaser has nut to incur any the sale was adjourned on some al. expense in investigating title, and legation that the price was insuffi- knows he gets one under the autho. cient. It was sold in the early part rity of Parliament, and which will of last month in the same office for always be readily marketable-have a £23,000. In the Court of Exchequer most beneficial effect on bidders, and a property was offered for sale in a we are unwilling to see those effects cause of Haines v. Powell, in the year counteracted by adopting the bad prac1846, and £8,000 was bid for it; some tice of the Equity Courts in permitting puisne creditors, whoin such a price adjournments on trivial suggestions, would not pay, demanded an adjourn- It was also stated as a complaint ment, and succeeded in procuring against the Commissioners, that they it. The estate has since been offered would not distribute the purchase. for sale, but without bidders. This money of the estates sold by them, depreciation is generally the effect and would pay it into the Court of of adjournments, and we could give Chancery, and that thus all parties many more instances of such conse- would be again involved in litigation quences. We believe that not the in that Court which it was the object least evil attending sales in Chancery of the legislature to supersede by eswas the facility with which an ad. tablishing the Incumbered Estates journment of the sale was permitted, Court. On this head we must allow thus certainly injuring creditors whose the Commissioners to justify themdemands should be paid by the pro. selves. We have before given a stateduce of the sale, in any event, for the ment of the sums distributed by them, sake of a possible service to puisne
and we shall add their return to the creditors, whose neglect it was to accept
House of Commons, bearing date securities which could not be paid July 25, 1850 :except the estate sold at some imaginary value. Adjournments of sales INCUMBERED ESTATES (IRELAND).
" Return to an Order of the Honorable the are so well known to be prejudicial,
House of Commons, dated July 25, 1850, that the words, “ To be sold without
for reserve," are notoriously adopted to
Copy of any observations of the Commissecure spirited competition, and have
sioners upon the subject of their distributhat effect. As a mere question of tion of the Funds arising from the Sale of right, no puisne creditor or inheritor Incumbered Estates in Ireland, and the can, with justice, peremptorily demand transfer of any part thereof into the Court an adjournment, because he is dissatis. of Chancery.' fied. As well inight a person who
“ As to the transfer of money into the had pledged a horse or bale of wool,
Court of Chancery, the matter stands thưs:
“ Under the 41st section of their Act the insist that the creditor should adjourn
Commissioners have power, whenever they the sale, because the borrower dis.
think fit, to order any money to be paid into liked the sum offered. All that in
a Court of Equity in any suit or matter justice can ever be required is, that there pending the sale be public, honestly conducted, “But as the Accountant-General of the after due notice and sufficient adver. Court of Chancery cannot receive any motisement, and all these requisites are ney without the order of that Court, the secured by the Commissioners; the
Commissioners recommended that a general carriage of the sale is intrusted to
rule of the Court of Chancery should be those most interested, they have pecu
made, to enable them to lodge money in the
Court of Chancery without the expense of a liar means of knowing how far the
separate order in each case. The Chancellor price offered is clearly inadequate-if
agreed to this suggestion, but the Master of it be so, the sale is adjourned; but the Rolls (without whose consent no general they do not accede to applications for order of the Court of Chancery is made) re
fused his consent, apprehending that the Commissioners would lodge so much money in the Court of Chancery as to load the Masters and other officers there with more business than they could perform.
“But in fact the practice of the Commissioners is not to lodge money in the Court of Chancery in any case in which it can be avoided. They have sold more than half a million's worth of property, and of that sum they hope to distribute the entire in their Court, with the exception of about £25,000, or five per cent. on the whole, which they may possibly have occasion to transfer to the Court of Chancery. About £100,000 has been already distributed; only two sums have been lodged as yet in the Court of Chancery ; one in the case of W. R. Munce, where the rights of the parties had been so much affected by the proceedings already had in the Court of Chancery, that it appeared more convenient to have the money, about £5,200, distributed there. The other case was a sum of £4,230, which the Commissioners were about to pay to an executor; but a bill was filed, in the case of Irvine v. Dorey, to have the accounts of that executor taken ; and by the executor's consent, on a suggestion made by the Master of the Rolls, without any requisition by the Commissioners, the money, instead of being paid to the executor, was ordered to be lodged to the credit of the cause in which he was a defendant, and in which (if he had received the money himself) he could have been compelled to lodge it. The Commissioners hope, without any assistance from any other Court, to distribute £200,000 before vacation, and £200,000 more in the month of October. There is no part of their practice which gives the public such satisfaction as the readiness with which payments are made when the rights of the parties are correctly ascertained.
" JOHN RICHARDS. “ M. LONGFIELD.
"C. J. HARGREAVE. «Incumbered Estates Commission,
July 17, 1850."
and nearer to the other Courts. The other defect is, in the number of the subordinate officers, which is now becoming inadequate to discharge the multiplied duties imposed on them, notwithstanding the courtesy and dili. gence which they exhibit in their various departments. At the institution of the Court, when it could not be known how great would be the extent of business, it was right not to appoint too many officers, who might be wholly unnecessary, or who might be dismissed after a short service; but now that the Court has received such an influx of business, the Government are bound to take care that, from motives of economy or other ill-judged reasons, the machinery of the Court should not be clogged for want of hands to work it.
We have thus given a history, and, but for its importance, we would almost fear a tedious one, of the origin and working of this Court, and contrasted its procedure with that of the long-condemned Court of Chancery. We have stated the complaints made, and examined and expressed at least our disbelief in their justice ; the public confidence in a tribunal, where new and arbitrary power might have aroused their jealousy, is expressed by the number of persons who have presenteil petitions to the Court, and the vast amount of property and of interests already brought within its jurisdiction. At first we are not surprised that creditors should have resorted eagerly to its powers-anything was preferable to the evils of Chancery; they continue to trust in the Commissioners, and the embarrassed proprietors of estates now, too, feel how great are the benefits likely to result to them from the powers vested in this new Court, and are generally availing themselves of its machinery to extricate themselves from hopeless though deferred ruin.
But much interest is felt as to the social and political consequences which may result from the operation of the Coinmission. It is apprehended that the scattering of the large properties which must shortly be offered for sale will lead to a re-plantation of Ireland one fatal to the Conservative cause and to Protestantism, while it will not conduce to the improvement of the kingdom; but we are inclined to think, and assuredly we hope, that no such dis
Their promise to distribute the produce of sales has been more than realised.
There are, however, some defects connected with the Court which must be noticed ; one is, its very inconve. nient situation. We presume that there was no great choice of localities, and that the exorbitant demands made on the Government, and the necessity for promptly procuring some place to hold the Court in, led to its being placed in Henrietta-street; but some exertions should be made by the Go. vernment to remove the Court and offices to some more central situation,
astrous effects will flow from a necessary measure of justice, the only object of which was, that, in the spirit of the great Charter, justice should not be longer denied, nor deferred, nor sold, and at a most exorbitant price, too, as in Chancery. We believe, on the contrary, that the advancement and prosperity of Ireland will be greatly assisted by the operations of the Incumbered Estates Court. Adam Smith remarks, that mercantile men and purchasers of estates are generally improvers. We do not, indeed, expect that all the new proprietors will resemble Mr. Mechi, but we do anticipate that men, who by steady habits of business, by energy, and persever. ance or prudence, have been enabled to become purchasers of estates, will also be improvers of them; and, at the least, there is a far greater probability of this, than that embarrassed proprietors, involved in debt or litigation, could be judicious or useful managers of property.
It is often said, too, that there will no longer be vast estates and large proprietors ; but the advantages of both have been greatly overrated. Ireland long had both classes ; and we cannot perceive of what advantage this has been to her ; while in the south and west of Ireland, where estates were the most extensive, we recognise the most destitution and slowest improvement, and greatest priestly des. potism over ignorance. We confi. dently expect that not only the nation, but the causes of enlightened Conser. vatism and Protestantism, will be gainers. Already, while the sales have not been confined to the estates of Protestants, the purchases made by Protestants have shown that the preponderance of property will still continue on their side, while it will be more equally and usefully divided among a greater number of Protestant owners; and if some few Roman Ca. tholics, laity, priests and bishops, have become purchasers, they have also become landlords; and this will be no small gain to the peace of the kingdom. Heretofore the landlords were few, and were Protestants, not having the influence of numbers, and so embarrassed as to lack the influence generally annexed to rank and the proprietorship of the soil. The tenants were principally Roman Catholics ;
and there was a constant unchecked aggressive movement, partaking also of a religious enmity, of the tenants against the landlords, which the latter, being few in number and weak in in. fluence, could not repel; and which, it is notorious from their speeches and attendance at public meetings, was, if not fostered, at least not distasteful to the Romish priesthood. Now that there is likely to be an increase in the number of Roman Catholic proprietors, and that Bishops Mac Hale, Cantwell and O'Donnell, with some priests, have become purchasers, we incline to the hope that the denunciations of landlords as exterminators will be less frequent in their dioceses and parishes, and that they will set useful examples of improvement, and not confine their in. fluence to fierce censures or denunciations; they will practically experience the difficulties to be contended with in the judicious management of property, and will be inclined to make some allowance for the errors and failings of neighbouring proprietors, while interest and policy will alike suggest that it may not be prudent to excite a storm, in the violence of which they too might be overwhelmed. There will be fewer jealous. ies, also, from the proprietorship of the soil not being, as heretofore, confined to a few large and embarrassed nominal owners, and almost inaccessible to others; and what will be lost in rank and seeming vastness to the Protest. ant owners of estates, will be more than gained to them in their numbers, intelligence, and useful energies. We cannot, indeed, be sanguine of immediate beneficial results from the operation of the Incumbered Estates Act. The improvement of a nation and of a people, not dull, but obstinate, irritable, and easily led astray, is not the work of months, but of years—nay, almost of generations ; but we still confidently anticipate, that while we cannot refuse to sympathise with the sufferings of all classes, owners and creditors, not caused, or even in. creased, but only exhibited, concentrated and mitigated, by the necessary institution of the Incumbered Estates Court, it will, by its working, contribute, it may be gradually, but decisively, to the advancement in prosperity and the stability of all the valued institutions of the kingdom.
THE NEW POEM BY WORDSWORTH.* The domain of poetry is boundless. From the time he first began to From the thunder-cloud that frowns write, until this day, the poetry of and mutters in the heavens, oversha. Wordsworth has been slowly, but steadowing the earth with sensations of dily, and of late years with accelerated awe and terror, to the lowliest flower pace, advancing to the highest point of that blossomis in the most hidden nooks public respect. And wherefore this of solitary glens, the wing of the poet slowness and hesitation? Why had so ranges. Nor is he less conversant much reluctance of taste, as it were, to with the affairs of men, their business be overcome? Why had so much of and their pleasures. Incident and ad. the light rubbish of ridicule to be clearventure are by some thought to be the ed away, before the name and fame only path in which the poet can walk of Wordsworth could stand confessed with that buoyant delight which ena- upon the loftiest pinnacle of the tembles him to give delight to others. ple of poetic fame? The reasons are Love, fear, hope, joy,—such as they manifold, and we shall attempt to inare made by the intricate circumstances dicate a few of them. In the first of man's various and many-coloured place, it was because he deliberately life—are thought to be the only proper chose for the haunt and main region theme of the poet's song, and from the of his song a height of serious contemminstrel, it is said, we want not phi- plation, up to which the many and losophy but a story and a tune. But the hasty cannot attain ; and as he led this were to set limits to the domain the minds of his readers rather into of the poet, which we have said is habits of religious reverence of an abboundless. Beyond the utmost range stract kind, than into those positive of external nature, and above the cir- religious truths which Cowper was cumstances of man's various life, and wont to insist upon, the devout for a all the thrilling interests connected long time regarded his works rather with them, is the sovereign mind of with suspicion than with favour. Again, man, revolving all things; and there he set at nought all the habits of assotoo the poet is privileged to range, to ciation which had been formed in litediscover what a poet alone can see, to rature. He was the founder of a new tell what a poet alone can utter. Who school; and though much good has no has given us so sublime a view of this doubt resulted from his irregularities, province of the poet, as he whose latest yet he suffered the common fate of published work we are now about to those who will not go with the stream, review? In that wonderful extract and who have not the power to compel from the conclusion of the first book the stream to go with them. He set of the Recluse, which he gives in the out with the theory not only that compreface to the Excursion, he says:- mon words were the best for the ex
pression of excited or poetic feeling, “ All strength-all terror, single or in bands, but that in people of common and low That ever was put forth in personal form- condition the loftiest thoughts might Jehovah_with his thunder, and the choir
be found ; and that in association with Of shouting angels, and the empyreal
the circumstances of their lives, might thronesI pass them unalarmed. Not Chaos, not
be brought forward all that is touchThe darkest pit of lowest Erebus,
ing and terrifying, all that is sublime Nor aught of blinder vacancy, scooped out
and beautiful, in the world around us, By help of dreams-can breed such fear
or in the intellect of man! He says:and awe As fall upon us often when we look “Of Truth, of Grandeur, Beauty, Love, and Into our minds, into the mind of man
Hope, My haunt, and the main region of my song." And melancholy Fear, subdued by faith ;
The Prelude, or Growth of a Poet's Mind, an Autobiographical Poem." By William Wordsworth. London. 1850.
Of blessed consolations in distress ;
incalculable good by teaching thouOf moral strength and intellectual Power ; sands who otherwise had not been Of Joy in widest commonalty spread;
taught that useful lesson, to associate Of the individual Mind that keeps her own
the noble in thought with the simple Inviolate retirement, subject there To Conscience only, and the law supreme
in circumstances; to believe that there Of that Intelligence which governs all
may be, and that there ought to be, I sing."
"plain living and high thinking;" and
that as the lord of thousands a-year Of nothing nobler could he have may be, and very often is, a creature sought to sing ; but with what
persons of mean and grovelling spirit, with no did he think fit to associate that splen conceptions to lift him above the lowdid train of moral, philosophical, and
est of the low, so the poorest may be poetic subjects? Why, with a retired rich in elevated thoughts, and that pedlar—"a vagrant merchant under a
“A virtuous household, though exceeding poor, heavy load," who supplied rustic wants, Austere and grave, and fearing God," or pleased rustic fancies with the contents of his pack, until, provision for possesses a true dignity, which voluphis own wants having been obtained, tuous princes in their palaces cannot he retired upon his savings and his achieve. Wordsworth has taught, with philosophy, to instruct, by his wisdom more effect than any one before him and experience, those who had the had taught, that there is a presence happiness to converse with him. Now and a power of greatness open to all there is nothing in the abstract nature who behold the stars come out above of things to forbid a poet from creat- their heads; and that to the feeling ing a pedlar, and endowing him with heart the meanest flower that blows thoughts as sublime as his condition is can bring thoughts that often lie too humble. He may give him a hardy deep for tears. For this cause, blessintellect, and moral feelings strength. ings be with his name. But he has ened and braced by breathing in con- pronounced his own benediction :tent the keen and wholesome air of poverty. He may describe him as " Blessings be with them and eternal praise,
The Pocts, who on earth have made us heirs attending to his trade so as to make of truth and pure delight by heavenly lays." money, and at the same time being a lone enthusiast in the woods and fields, The poem, now first published in the keeping in solitude and solitary thought goodly tome before us, contains about his mind in a just equipoise of love. nine thousand lines of blank verse, di. The poet has no doubt a right to do vided into fourteen books. this if he pleases, and to make his completed some five-and-forty years lowly merchant utter as noble truths ago, when the author was thirty-five as ever were uttered by philosopher, years old, his genius matured by re. in language of the finest poetry; but flection, and his intellectual character in doing this he directly wars with the fixed and determined. We may excommon associations of men's minds, pect, then, to find the full fruitage of and he must therefore expect a storm the poetic faculty he possessed, and of opposition and of ridicule. It cer. herein no reader capable of appreciattainly was a wilful thing of Words- ing the highest order of poetry will be worth to choose a pedlar, “ among the disappointed. But he will also find hills of Athol born,” for his philosophic more of the eccentricities of this great hero; for since common experience as- author than his own later judgment sociates (not unjustly) thoughts the would probably have approved. There very reverse of generous, and grand, are many heavy and prosaic passages, and philosophical, with such men and and some matters of familiar, and not with their office, it required a break- very important, narrative are given ing down of such associations, and an with a solemnity which cannot but entirely new conception of the facts, provoke a smile. But these are but feelings, and circumstances of a ped- casual clouds floating in the pure Wordslar's life, before it was possible to worthian sky. Ever and anon, he admit him in the character with which springs from level talk or ponderous Wordsworth had clothed him.
triviality into the most glorious heights But though, in this great and not- of poetry, and we hear, as it were, a able instance, Wordsworth may have voice of more than mortal music re. carried his system too far, he has done verberated from the mountains, and