M. Murphy, Appellant; T. Creedan, Respondent. C. Herlihy, Appellant; T. Creedan, Respondent. Denis Shea, Appellant; T. Creedan, Respondent

• Jurisdiction: Ireland
• Judgment Date: 18 March 1859
• Date: 18 March 1859
• Court: Circuit Court

Circuit Case.

M. MURPHY,

Appellant;

T. CREEDAN,

Respondent.

C. HERLIHY,

Appellant;

T. CREEDAN,

Respondent.

DENIS SHEA,

Appellant;

T. CREEDAN,

Respondent.

Appendix. XXIX GREENE, B. H. T. 1860. We be think that this application ought to granted, and that the Exchequer. power of the Court to grant it is not taken away by anything in these Acts of Parliament. The plaintiff, certainly, unless the Sheriff's jurisdiction is repealed by the 101st section of the Common Law Procedure Act 1853, and 99th section of the subsequent Act, had a right to do what has been done. The only person who can proÂÂceed before the Master, without an order of the Court, is the plaintiff. If he choose to speed his writ of inquiry before the. Sheriff, we think, so far as the Court will offer any opinion, that he has a right to do so. Then the defendant applies to have the inquiry sped before the Master. The Court has power to grant such a motion ; and we think it reasonable and proper that it should be granted, upon the terms of the defendant paying all costs necessarily and properly incurred up to the service of this notice. M. MURPHY, Appellant; T. CREEDAN, 'Respondent. C. HERLIHY, Appellant; T. CREEDAN, Respondent. DENIS SHEA, Appellant; T. CREEDAN, Respondent. (Circuit Case). Civrienria. EJECTMENT on notice to quit.-By the 14 & 15 Vic., By the Civil-e. 57, a. 24, it is directed that five General Sessions of the Peace bill Act (14 and 15 Vic., shall be held yearly, in each of the East and West Ridings of the c. 57, s. 24), county of Cork, with power to the Lord Lieutenant in Council to five general Sessions of the order that the number of Sessions in each Riding shall be reduced Peace are to yearly held be to four ; and, accordingly, by proclamation, dated the 2nd of August in each Riding 1856, it was ordered that " Four General Sessions of the Peace, of the County of Cork. By proclamation, pursuant to that and the 31st and 32nd sections, it was ordered that four General Sessions of the Peace, and no more, should be held in each Riding, and (amongst others), that, for the Division of Bandon, an October General Quarter Sessions should be held at Bandon, adjourning from Bandon to Macroom for Civil business only. Ejectments, on notice to quit, for premises in the Division of Bandon, were made returnable to the Macroom Sessions, and served fifteen clear days before the 29th of October, the day on which the Macroom Sessions commenced.-Held, that the ejectments were right, and were...