Blackwood's Edinburgh Magazine - Volume 55, No. 343, May 1844Various
History
Blackwood's Edinburgh Magazine - Volume 55, No. 343, May 1844
Various
England -- Periodicals; Scotland -- Periodicals
Here it is stated, in the first place, _that from the summer assizes
1842, to the same period in 1843, Ring was nine times proceeded against
by ejectment_. Now the landlord could only proceed by ejectment in the
quarter-sessions' court, or in the superior courts. The
quarter-sessions' courts are held but _four times_ in the year, namely,
in January, April, July, and October. The sessions were only held _three
times_ within the period during which Ring is said to have been _nine
times_ sued by ejectment; and consequently, if Mr Shee were even
inclined, it would be impossible for him to have proceeded more than
_three times_ against him in the sessions court. But if he instituted
his suit in the superior courts, (if defence were taken, as clearly was
the case,) he could only have proceeded twice, "for the ejectment served
at November should be tried at the spring assizes, and the one served
subsequently at the summer assizes;" and the production of any process
from the superior courts, or the proof that such was had recourse to,
would effectually bar the landlord from proceeding in the inferior
courts. He could not proceed in both at the same time; and thus we see
that it would be impossible for any landlord, however oppressive, _to
have proceeded by ejectment more than three times within the period in
which this veracious compiler of grievances positively asserts Shee
proceeded nine times_. Next, he says, "the crop of 1842 was sold seven
different times," and "altogether he had _twenty auctions of sale_
before midsummer of 1843." Now, any proceeding by distress, pending the
progress of the ejectment, would have vitiated it and upset it; for the
law does not allow two different modes of proceeding for the same debt
at the same time; and in no courts is such scrupulous regard paid to the
rights of the tenant as in the quarter-sessions courts. But no decree
can be granted in ejectment cases until _a clear year's rent_ shall have
been proved to be due; and yet we find this man, Patrick Ring, who, it
is asserted, _owed no arrears of rent up to 1842, and the sale of whose
crops and stock paid his rent up to autumn 1842_, evicted in summer
1843, when only _half a year's rent could have accrued due_; and this,
too, by a Roman Catholic assistant barrister, (Mr O'Gorman,) a judge
above any suspicion, and who, if we are to believe the statement
contained in Ring's own letter, was not at all partial to his
persecutor.
Public-domain text, read in full here on John Shaqi.
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