CAVAN WEEKLY NEWS, Friday, January 26, 1877 NEW CEMETERY. During the past month labourers were employed, under the direction of Mr. G. BROWN, head gardener, Baillieborough Castle, planting and decorating the grounds of the Lisgar cemetery at Baillieborough. A splendid selection of yews and other fancy shrubs encircle the grave of the late Lord Lisgar. In a few years the new cemetery will form a very attractive feature in the landscape near town. CAVAN PETTY SESSIONS. - Monday. (Before Messrs. BABINGTON, DILLON, and MOORE.) Hugh FOY and Patt CAVANAGH, were fined £2 each or two months' imprisonment, for absenting themselves from the training of the Cavan Militia. Thomas CARROLL alias Andrew OWENS, was charged with like from the Louth Militia. Adjourned. Jane SEXTON was charged with assaulting her step-son. Fined 10s. Sarah CRUMLEY, James M'CABE, Thos. CALLAGHAN, and Francis CASEY were fined for drunkenness. Mr. DEVERELL, County Surveyor, summoned Jas. CONATY for neglecting to keep his contract road in repair. Ordered to have it in order before 5th of February. Patt DONOHOE was fined 6d. and costs for permitting his goat to wander on the public road. BAILIEBOROUGH UNION. The usual weekly meeting of the Guardians of this Union was held on Monday last in the boardroom of the Workhouse- B. S. ADAMS, Esq., J.P., in the Chair. Others present - M. PRATT, Esq., J.P.; H. K. SIMPSON, Esq., J.P.; J. SMALL, Esq., J.P.; T. CHAMBERS, Esq., and Messrs. J. RYDER, C. KEELAN, J. FINLEY, C. SMYTH, J. BRENNAN, J. FLANIGAN, M. CLARKE, D. FALKONER, E. KIERNANS, P. FLYNN, J. M'BREEN, and J. MALCOMSON. In accordance with a former notice of motion, it was moved by Mr. Kiernans, and seconded by Mr. Keelan, that the salary of Dr. O'HAGAN, medical officer of Kingscourt, be increased £10 per annum. Mr. Pratt moved as an amendment that Dr. O'Hagan's salary remain without increase. A poll was then taken, when there appeared for the increase, 6 against it, 10. Among the sanitary reports read was one from Dr. BOURKE, sanitary officer, Shercock, calling attention to a defective sewer at the rere (sic) of the Constabulary barracks, town of Shercock. Dr. Bourke recommended the sewer - which is an open one - to be cleaned out and properly piped. The consulting sanitary officer was ordered to inspect the sewer and report thereon. Mr. SIMPSON drew the attention of the Board to the filthy state of the public roads in and about Bailieborough. Surface nuisances continued unabated, particularly on the road leading from "CULLEN's Corner" to the Model School gate. Sanitary Sub-Officer HIGGINS was ordered to report the matter in the usual way to the sanitary officer. HIGH SHERIFFS. Dublin, Friday. The Lord Lieutenant has appointed the following gentlemen High Sheriffs:- Antrim - Sir Francis Edward M'NAUGHTEN, Bart. Armach - Colonel Thomas SIMPSON. Carrickfergus - Robert ALEXANDER, Esq. Cavan - William HUMPHREYS. Donegal - Captain Baptist JOHNSTON Drogheda - Patrick MATHEWS, Esq. Down - David Alfred KER, Esq. Fermanagh - Robert Edgeworth JOHNSTONE, Esq. Londonderry - Robert Lyon MOORE, Esq. Longford - George Warner SLATOR, Esq. Louth - Arthur Pemberton LONSDALE, Esq. Monaghan - William Wood WRIGHT, Esq. Sligo - Captain Gregory WOOD. Tyrone - Ancketill MOUTRAY, Esq. CHARITABLE BEQUESTS - MASSES FOR THE DEAD. On Thursday, in the Rolls Court, Dublin, the question of the validity of a bequest for Masses for the repose of the souls of deceased persons named was argued and decided in the case of BERESFORD v. JERVIS and another. The testatrix in the case was Mrs. Helen STRONG, of Maryville, near Wexford. She died in March, 1874, being then the widow of the late Dr. Francis P. STRONG, and by her will, made so back as May, 1845, she directed that £19 18s. 41d. being part of the interest of £750 worth of National Bank Shares, shall be paid by the trustees for Masses for the repose of the soul of her "beloved parents, Sarah and Michael O'BRIEN;" for the repose of the soul of her uncle, William O'BRIEN; and for the repose of her own soul - the Masses to be offered on certain specified days of each year, and "always in the Roman Catholic Chapel at Wexford." The Court had now to determine, with other questions arising on the trusts of the will, whether the bequest for Masses as stated above was valid as a charitable bequest. Mr. JELLETT, Q.C., Mr. JOHNSTON, Q.C., and Mr. J. P. LAW, instructed by Messrs. W. FRY and Son, were for the plaintiff, Emily Sara Beresford, who represents the original executors of the will. Mr. David FITZGERALD (instructed by Messrs. D and T. FITZGRALD, appeared for the defendant, Jervis; and Mr. DAMES (instructed by Mr. T. LYNCH) was for the Attorney-General. For the plaintiff it was argued that the case could not be distinguished from the Attorney-General v. DELANY, in which the Court of Exchequer held that a legacy for a certain number of Masses for the repose of the soul of the testator was not a charitable bequest so as to be exempt from payment of legacy duty. That being so, it was contended that the fact that the Masses in this case was to be said in the Catholic chapel of Wexford did not render the bequest a charitable one, other than in respect of the benefit which the testatrix hoped to derive for her own soul, and therefore there being no public or general advantage intended to be given by the legacy in perpetuity, it was void under the statutes. The other interests represented did not contend against the plaintiff's views, but the case of the Attorney-General v. Delany was closely examined for the purpose of seeing whether it could be distinguished in principle from the case before the Court. His Honor said it was manifest from the terms of the will that the testatrix meant to give a bequest in perpetuity to pay for the Masses as long as the world lasted; and the only distinction that could be drawn between the will in this case and the will in the attorney-General v. Delaney, was that here testatrix directed the Masses to be said in the Roman Catholic Church of Wexford. In his opinion there was no distinction, and to hold it to be a distinction would fritter away and destroy the decisions that had been arrived at in the Exchequer, leaving the distinction to stand on no intelligible ground. The testatrix, a benevolent, religious, and pious lady unquestionably, sought to do what the law would not allow her to do. The law was not directed against the celebration of Mass or anything of that kind, and the sole question for him was whether the object for which this perpetuity was created was a charity. If it was not then the gift was void. When a rule of law was once established - and now-a-days it was difficult to get a rule of law established - it was his duty not to destroy it upon any nice distinction, but to support it in its entirety with broad and wide lines. While he held that there was no difference because in this case the Masses were to be said in Wexford chapel, he held himself perfectly clear, as the Barons of the Exchequer did, to determine the question whenever it was raised, whether, if the Masses were directed to be said in public, in the face of the congregation, the gift would be a charitable one. But that question was not raised here; and confining himself to the question before him, he held that the bequest in this case was void. SUPPOSED DROWNING OF A SOLDER. - On Friday night, at about a quarter to ten o'clock, a soldier named LAWSON, belong to the 91st Argyleshire Highlanders, at present stationed at Enniskillen, jumped over that part of the barracks wall behind the officers' quarters into Lough Erne. A search was instituted at once, but no signs of him were to be seen. Men of the regiment are making inquiries throughout the town and country to see if he might have escaped, which is not likely, as the water was six feet deep at the place where he jumped over. SAD GUN ACCIDENT AT RICHHILL. - It is my painful duty to report the untimely death of Master Bobby BEST, youngest son of James Best, Esq., Richhill, which occurred by a gun going off in his hands while passing over a fence on one of his father's farms. This said accident has cast a gloom over the village and surrounding neighbourhood. Much sympathy is manifested for the bereaved family by all classes in the community. This promising youth was a great favourite with his class-fellows at the Royal School, Armagh, and greatly esteemed by all who knew him. Belfast News-Letter. THE INNY BRIDGE. - A Longford correspondent writes:- During last week the above bridge was finally tested, and now it is open for traffic, and the construction has given general satisfaction. The following gentlemen appeared at the opening: - James PRICE, Esq., Decimus FITT, Esq., and Hamilton SMYTH, Esq., &c. In the face of unexpected difficulties the bridge has proved a perfect success, owing entirely to energy displayed by Mr. Fitt, F.R.G.S.J. The public will be glad to learn that the work so long delayed has at length been successfully carried out. (Cavan County Newspaper Transcription Project)