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When pro


8. Lord Lieutenant, &c. to cause estimates of expenses any time during the continuance of any proclamation, to

to be made from time to time, and to issue war- withdraw the said sub-inspectors &c. so appointed from the rants to collectors acting under 6 87 W.4. c.116. district for which they shall have been so appointed. requiring them to collect the same.

4. That all and every the powers in the 6 & 7 W. 4.c. 13 clamation thall have ceased to be in force, an ac- shall extend and apply to the sub-inspectors, &c. appointed count shall be made up by receiver as the Lord | under this act. Lieutenant shall direct.

5. That in addition to the number of sub-inspectors, &c. 9. Penalty for unlawfully carrying arms within pro- which by any former act the Lord Lieutenant is empowered claimed districts.

to appoint a reserve force, it shall be lawful for the Lord 10. Power to apprehend persons unlawfully carrying Lieutenant to appoint two sub-inspectors, four head con

Power to Justices, Constables, fc. to stables, and any number pot exceeding two hundred addi. search persons suspected of carrying arms, and tional constables and sub-constables, who shall be deemed take away the same.

to be a part of the said force, and shall be subject to all and 11. Puwerto Lord Lieutenant, by notice published every the provisions applicable to the said force under any

in the Dublin Gazette, to require persons having act now in force.
arms in proclaimed districts to deposit them in a 6. That it shall and may be lawful to and for the lord
place named in such notice. Persons carrying high treasurer, or the commissioners of Her Majesty's trea-
arms to deposit them not deemed to be acting con- sury, or any three or more of them, for the time being, to
trary to the privisions of this Act.

order that any such sum as he or they shall think proper 12. Punishment of persons knowingly having arms shall from time to time be advanced out of the produce of within proclaimed districts, after notice.

the consolidated fund of the United Kingdom of Great 13. Power to Lord Lieutenant to issue warrant to | Britain and Ireland, for the payment of the several salaries

search for and seize arms in proclaimed districts. and allowances, and the purchase of arms, accoutrements, 14. Powers of persons acting under such warrant. bridles, saddles, appointments, houses, outhouses, furniture, 15. Power to Lord Lieutenant to appoint persons to and accommodations, proper for the use of the constabulary

grant licences to carry or have Arms within pro- to be appointed under this act, and also for all rents and claimed districts.

taxes payable for such houses and for repairing all such 16. Power to justices and constables to call upon per houses and for the forage of such horses and for the expen

sons within proclaimed district to join in pursuit ses of Sub-inspectors, &c. when they shall be absent from

after offenders. Punishment of persons refusing. their residences, under the authority of this act, and for all 17. Not necessary to prove the district to be in an in. necessary costs, incurred in the execution of this act; and surrectionary state.

all money so issued shall be paid to the receiver of the con. 18. Accessaries after the fact to any murder committed stabulary force of Ireland, with such securities and under

may be tried and punished, although the princi- such rules as the said Lord High Treasurer, or Her Mapals may not have been convicted or taken. No jesty's Treasury, shall from time to time direct.

Person to be tried twice for the same offence. 7. That whenever the Lord Lieutenant &c. shall appoint 19. Prisoners under sentence may be removed from one any such additional sub-inspectors, &c. for any County, &c.

prison to another by order of the Lord Lieutenant. under this act such monies advanced out of the consolidated 20. No traverse of indictment allowed.

fund as shall be declared by the Lord Lieutenant to relate 21. Production of Dublin Gazette to be evidence. to such county &c, shall be levied and collected in the man22. Duration of Act.

ner herein-after mentioned. 23. Act may be amended, &c.

8. That whenever the Lord Lieutenant shall appoint any An Act for the better prevention of crime and outrage in such additional sub-inspector, &c. for any county, &c. under certain parts of Irelund until the 1st day of December 1849 this act, he shall cause an estimate to be made for the three and to the end of the then next session of parliament. months next after such appointment, and so from time to time

[20th December 1847.] for every successive three months during which such sub-inWhereas, in consequence of the prevalence of crime inspector, &c shall remain in such county, &c. of the expenses * parts of Ireland, it is necessary to make provision for the of such sub-inspector, &c. and the proportion thereof to be prevention thereof;' be it enacted by the Queen's, &c. paid by each barony, &c, and when any such estimate shall that whenever, the Lord Lieutenant of Ireland shall have been made the Lord Lieutenant may issue his warrant, deem it necessary, to prevent crime and outrage, it directed to the collectors appointed under the 6 & 7 W.4.c. shall be lawful to and for the Lord Lieutenant to declare by 116. relating to the Grand Juries in Ireland, requiring such proclamation, to be published in the “ Dublin Gazette," collectors to levy within their districts the sums mentioned that from and after a day to be named in such proclamation in such warrants together with such fees as to the said this act shall apply to any county, county of a city, or Lord Lieutenant shall seem proper, not exceeding ninecounty of a town, or any barony or baronies, half barony or pence in the pound upon the sum to be levied; and every half baronies, in any county at large, or any district of less such collector is hereby required forthwith to levy the sums extent than any barony or half barony, in Ireland : provid. mentioned in his warrant in the manner. mentioned in the ed that it shall be lawful for the Lord Lieutenant to revoke said last recited act, and to pay over same to the receiver any proclamation under this act, as to the whole or part of for the constabulary force of Ireland, to be by him applied the district named in any such proclamation; and thereupon as the lord high treasurer, or the commissioners of Her the original proclamation shall, from and after a day to be Majesty's Treasury or any three of them, shall appoint ; named in such new proclamation be revoked so far as such and every such warrant shall be in full force for two years new proclamation shall purport to revoke the same. after the date thereof, notwithstanding the death, resigna

2. That copies of every proclamation of this act shall be tion, or removal of the person to whom it was originally posted on the doors of all places of worship and of every directed, unless the sums mentioned therein shall have police station within the district named in such proclamar been sooner levied and shall be put in execution by the tion, and at the foot of every such first mentioned proclama- collector appointing under the said last-recited act for the tion so posted as aforesaid an abstract of this act shall be district mentioned in such warrant ; and any security given printed, for the information of all persons affected by the by any collector or his securities for the execution of his enactments herein contained.

duties under the said recited act shall extend to the pro3. That from the day named in any such first-mentioned visions of this act: provided that whenever any proclamaproclamation it shall be lawful for the Lord Lieutenant tion shall cease to be in force an account shall be made up during the period for which such proclamation shall be in by the receiver for the constabulary of Ireland, of the force, to appoint so many additional sub-inspectors, head expences of such sub-Inspector, &c. and if such expences constables and other constables, and sub.constables, as he shall excede the amount of the estimates such excess shall shall think proper, for any county, &c. provided that it shall be raised by presentment off the county, &c. for which such ba lawful for the Lord Lieutenant if he sball think proper, at

estimate shall have been made, the amount being ascer

tained and certified as directed by the 6&7.W.4 and if such

MR. HAMILTON SMYTHE, expences be less than the estimates all monies paid over to

Just Published, I Vol. 12mo. Price 6s. the receiver beyond the amount of such expences, shall be THE Act to Facilitate the SALE of ENCUMBERED to the credit of such district, and the amount shall be Forms and Index. By HAMILTON SMYTHE, Esq. Barrister-at-Law. deducted from the next collection required 6 & 7W.4.

Dublin: HODGES & SMITH, Grafton Street. 9. And be it enacted, that from the day named in proclamation, and during the time same shall be in force, it NEW BOOKS RECEIVED BY EDWARD J. MILLI.

KEN, Bookseller and Publisher, 15, COLLEGE GREEN -Memoirs shall not be lawful for any person whomsoever (except jus- and Correspondence of Viscount Castlereagh, 2 vols. 8vo. 256 Italy in tices of peace, persons in Her Majesty's naval or military Cook's Land in Northeastern Australia, by the Rev. Dr. Lang, 12ma service or in the coast guard, or revenue, or in the consta- 75. 6d. Phillips's Land, hitherto designated Port Phillip, by the Rev. bulary force of special constables, or persons licensed to kill vols

. 8vo. 24s. The Business of Life, by C. Sinclair, 2 vols. 12mo, io game, or persons licensed under this act, to carry or have The Moral Social and Professional Duties of Attorneys and Solicitors, within the district specified in such proclamation, elsewhere by Samuel Warren, 12mo. 9s. Percival Keene, by Captain Marryat than in his or her own dwelling house, any gun, pistol, &c. Natural History, 12mo. 10s. Tennyson's Poems, Fifth Edition, 12mo. Os or any part of any gun, pistol, &c, or any sword, &c. or am- Princess, 12mo. 58. Hand book of Angling, by Ephemera, Second Edition,

12mo. Is. The Complete Grazier, Eight Edition, by W. Youatt, Svo, IS. munition ; and every person carrying or having any gun,

No. 15, COLLEGE GREEN. or ammunition contrary to the provisions of this act, shall be guilty of a misdemeanor, and liable to be imprisoned THE following are now offered at the extremely low prices with or without hard labour, for any term not exceeding

affixed for rendy money by DAVIS and AMER, Law Booksellen,

57, Cary-street, Lincolns. Inn, London:two year..

Viner's Abridgement, 30 vols. 8vo, calf. 51. 104. 10. That any person whomsoever may apprehend any Bacon's do. 7 vols. calf, 1798, 148.

; 1807, 11. 46. ; 8 vols. 1832, 44 109. person found carrying any gun, or part of any gun, pistol, State Trials, 34 vols. half calf, extra, (a fine copy.) 131. &c. or ammunition, contrary to this act, and to deliver such Statutes 8vo. (1830 to 1846), 16 vols calf, fine set 101. 108.

Hansard's Parliamentary Debates, 89 vols. half russia, 1803 to 1834, 14.10. person into the custody of a constable or peace officer, and Jurist from commencement to Christmas 1847, with Digests complete, it shall be lawful for any justice of the peace, constable, or

new in cloth boards, 121.

Do, 1838 to 1845, 8 vols calf and 4 vols, boards, 71. 173. 60. peace officer to search any person whom he may suspect to Chitty on Pleading, 3 vols. boards, Sth Edition, 1831, this

addition is appli. be carrying or having any arms or ammunition, contrary to Vesey, jun. (first 6 vols. folio.) 19 vols. of 52. 15s.6d. this Act, and to take same from such person for the use of Do. 20 vols 8vo. of 91. 15s. Her Majesty.

Do. 20 vols. 8vo. 1827, of (best edition,) 171.

Vesey and Beames to Vol. 4 Mylue and Craig, (28 rols, and 2 parts). 22LIK 11. That from the day named in any such proclamation Maddock, Simone and Stuart and Simons, 2 vols calf, 21. los. it shall be lawful for the Lord Lieutenant by notice puh. Dowling, and Ryland to Davidson and Merivales Reports 31 vols.(6 to bind.)

121. 10s. lished in the “Dublin Gazette," and posted to require all Durnford and East to Adolphus and Ellis, 62, vols calf, 291. persons not being justices of the peace (except justices of M'Clelland to Crompton, Meeson and Roscoe's Reports, II vols. calf, 13/10 the peace, persons in Her Majesty's naval or military ser

Bankruptcy cases, Rose to Montague Deacon and De Gex, 15 vols. call, 1!!

House of Lord's Reports, Brown, Dow, Bligh (both series), Dow and vice in the coast guard or revenue, or in the constabulary Clark, and Clark, and Finnelly, 41 vols. and 3 parts, 341. force, or special constables, or persons licensed to kill

The above are all in excellent condition, and purchases to the amount

of 51 or upwards will be sent carriage free to Dublin, on receipt of a Post game, or persons licensed under this act), within any coun- Office Order, addressed to Davis and Amer, 57 Carey-street, Lincolns lon, ty, &c. or other district named in any proclamation, on or

who will publish a Catalogue of their stock in a few days which may be

had gratis on application. before a day to be named in such notice to leave at a place therein named or at the nearest police station or barrack

CIRCULATING LIBRARY. any arms, or ammunition, in his, her, or their possesion ; and all arms, and ammunition, left as aforesaid, shall be H & R. MORROWS' CIRCULATING LIBRARY, 18,

NASSAU STREET, (ADJOINING MORRRISSON'S HOTEL), where kept in safe custody until the Lord Lieutenant shall other every New Work of merit daily

issuing from the press may be had at wise order, or such proclamation shall cease to be then scription 36. 6d. a Month : 88. Rd. a Quarter; 12s. 6d. the Half Year, or One restored to the owner in such manner as the said Lord Guinea the year for which the very newest works may be had. Family Lieutenant shall direct : provided that no person carrying and Country Subscription Two, Three, and Four Guineas the Year.

Full particulars, post free, on application. any arms or any ammunition, for the purpose only of depositing same as herein-before mentioned, shall be deemed a person carrying or having arms or ammunition, contrary to


ING, Manufactured by RICHARD KELLY, Boot Maker, 16, COL this act.

(To be continued.)

It makes the Leather soft, pliant and even Waterproof, sold by the
Bootmakers and Grocers through the City, in Bottles attd, 8d, and Is, each:

N.B. ---Country Shopkeepers treated with on the most Liberal Terms. NORTH TR

T'ROWSERS._ The numerous testimonials received by COMPANY. Established 1809. Head Office-64, Prince's Street, JAMES O'DRISCOLL in approval of the elegance, ease, and peculiar Edinburgh.

style of his Trowsers, and likewise the very flattering patronage bestowed President-His Grace the Duke of Sutherland.

on him by the higher classes of society, induces him to apprise his patrona, Vice President-the most Noble Marquis of Aberdeen.

and those gentlemen who have not hitherto honored him with their orders, James Borthwick, Esq., General Mannager.

that he has secured the services of a few of the most experienced Parisian

workinen for the winter season. J. O'D's practical knowledge as a Trof. Policies effected with this Company before 31st December next, will sers Cutter having been fully tested in the first houses of the British me. secure one years additional share of profits over later assurance. The tropolis, he is therefore fully qualified to produce an article in this departwhole profits are divided amongst the assurance after reserving one fitth ment of Tailoring, that cannot be excelled in London or Paris. against the risk of extraordinary mortality or other contingencies. The

JAMES O'DRISCOLL, Professed Trowsers Maker, bonus added to policies at the last division of profits average 40 per cent.

on the premiums paid during the septennial preriod. Table of rates and
any information may be obtained at the office of the Company, or of

Notary Public and Stock Broker,

All communications for the IRISH JURIST are to be left, addressed 17, Crow Street, Dublin.

to the Editor, with the Pablisher, E. J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the name and Address, as the

columns of the paper cannot be occupied with answers to Anonymous THE ENAMELLED ALBERT BOOTS, without seam Communications -- or will the Editor be accountable for the return of

or foxing, as worn by his Royal Highness Prince Albert, is decidedly Manuscripts, &c. the neatest and most gentlemanly article we have yet seen in that cssen. tial article of dress.-Vide Times, March 20th. THACKER is prepared

Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL to take orders for the above and respectfully solicits an inspection of pat. LEGE GREEN, or by letler (post paid), will ensure its punctual delivery tern.-30, DAME STREET,

in Dublin, or its being forwarded to the Country, by Post, on the day of


TERMS OF SUBSCRIPTION-(payable in advance): STREET, DUBLIN, H. MORRISON begs to acquaint the Nobility, Yearly, 30s. Half-yearly, 178. Quarterly, 98. Gentry, and the Public, that his PRESENT STOCK OF VELVET HATS will be found fully assorted, with every style and shape.

Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45, H. M. would particularly call attention to his very superior

FLEET-STREET, in the Parish of St. Andrew, and published at 15, French Hats, at 12s 6d and 158.

COLLEGE (REEN, in same Parish, by EDWARD JOHNSTON Best Velvet Hat made, 189

MILLIKEN, residing at the same place, all being in the County of the Lincola and Bennett's London Hats.

City of Dublin. Saturday, November 11th, 1948.

Irish Jurist

No. 3.-VOL. I.
NOVEMBER 18, 1848.

PRICE 9d. The Names of the Gentlemen who favour Tue IRISH JURIST with Reports in the several Courts of

Law and Equity in Ireland, are as follows :

Court of Chancery, in-

Court of Exchequer SJohn BLACKHAM, Esq., and
Chamber ........

A. HICKEY, Esq., Barristers-at cluding Bankruptcy Joux Pitt KENNEDY, Esq., Bar

Law. Appeals....... risters-at-Law.

Queen's Bench, includ. (John T. Bagot, Esq., and WILLIAM BURKE, Esq., and ing Civil Bill and Re- FLORENCE M.CARTHY, Esq., Rolls Court.....

WILLIAM John Dundas, Esq., gistry Appeals....... Barristers-at-Law.

: , ., CHARLES HARE HEMPAILL, Esq. cluding Manor Court WILLIAM HICKSON, Esq., Barand

and Registry Appeals. risters-at-Law. Equity Excheqaer....

WILLIAN HIckson, Esq., Bar-
risters-at Law.

Common Pleas...........


{ Rare Eaw Lona, Esq., Barrister

DUBLIN, NOVEMBER 18, 1848. the original rate books were framed, and which

were in the following form :-First, there was a

column containing the common numerals, from one THERE is no subject more vitally interesting to to the number of occupying tenants in the town. the Irish public, than the Irish poor laws. The land, frequent!y beyond 100; in another column cottier-separated by an almost infinitesmal dis

were set down, opposite the numbers, the names of tinction from the pauper, for whose support he is the occupying tenants ; in a third, that of the imtaxed—and the lord of the soil, alike feel beavily mediate lessor ; in another, the supposed acreable their burthen. The deliberate opinion of the select extent of each tenant's holding; and in another its committee of the House of Lords appointed to supposed value. When the law was altered, by inquire into their operation--so far as related to which the immediate lessor became primarily liable the rating of immediate lessors—that those laws for all holdings where their value did not exceed called for a more extensive enquiry, warrants the £4, the rate books were altered by omitting the expectation that they will undergo a revision during names of the occupying tenants for those small the next session of parliament; and meantime it holdings, and generally all names for which owners is of great importance that public opinion should could not be found-thus rendering the immediate be directed to their defects. To assist in this lessors liable in all these cases ; and this (except desirable object, we shall investigate, seriatim, the that some few alterations have been made from time working of the poor law, pointing out its defects, to time on appeal) is the present state of the rate as well as the means by which in our judgment) books. they might be remedied.

The books thus framed are open, at specified In this investigation we shall adopt the following times, to the inspection of all persons concerned ; order. We shall consider the working of the poor and here the ratepayer may learn that he is liable law-in the striking-in the levying—and in the in a certain townland to certain numbers (51, or spending of the rate; other important subjects - 87, or 100) in the rate book, as the case may be ; the area of taxation—the species of property ex- but what particular holdings these numbers refer empt and the inequalities in its pressure, will be to, he has no means of ascertaining. discussed afterwards.

The rate payer, if he believes himself overFor the striking of a rate, there is requisite the charged, may appeal. To effect this he must give valuation of the rateable property, and the con- fourteen days notice to the clerk of the Guardians, struction of the rate books; under this head we and to every other person concerned in the event shall also notice the subject of appeals.

of the appeal—those will be the immediate lessor Under the first poor law act, the occupying ten- or lessors, whoever they may be, and all the occuant was, in every instance, primarily liable, and pying tenants of the townland. He must besides hence in the original valuation, the holding of each enter into personal recognizances that he will occupying tenant was valued separately. This prosecute the appeal at the next Quarter Sessions. valuation (though the act provides for its being It must be observed that his time for appeal is very done satisfactorily) was made in a loose and in- limited, for if a Quarter Session take place one month accurate manner--the valuator arriving at the ex- ' after the striking of the rate, he must then appeal tent and value of each holding, either by estima- or not at all; and, considering that the rate books tion, or from the account obtained from the occupy- are not exhibited for inspection for some time after ing tenants themselves ; and upon this valuation the rate is struck, and that the appellant must give fourteen days notice to a great variety of parties, he/it is divided, having each holding numbered, and will find it very difficult to comply with the requi- having corresponding numbers in the rate-books, sites; besides, the justices and assistant-barrister are and submitted the townland sheets, se divided and precluded from inquiring into any cases, or with numbered, with the rate-books, for the inspection respect to any person or persons other than those of the rate-payers-most of the difficulty adverted mentioned and specified in the notice, so that this to would be got rid of at once, all disputes as to the notice must be very special; and in a thickly ten- valuation of holdings would be settled by a valuator, anted townland, or one in which the rights of pro- and if an appeal were still necessary, much of the perty are complicated, (as where properties are held difficulty would be removed, both as to the evidence, in common or in coparcenery), may be very, volu- which should be produced, and as to the parties who minous.

should be noticed. But the appellant has still further difficulties to By giving the appeal to the next Quarter Sessions contend with from the loose way in which the rate which might take place in the town nearest to the books are constructed. As before observed, he appellant, provided it were not within two months can only learn from the rate book that he is charge of the striking of the rate, waiving the necessity of able for certain numbers in a townland, but he recognizances to prosecute the appeal, guarding cannot learn from it what particular portion of the against those that were frivolous, by giving costs townland that number refers to. In the case of an against the appellant, and attaching the town. occupying tenant, he may be able to satisfy the land sheets of the ordnance survey, exhibiting Assistant Barrister that he does not hold more than the separate holdings, numbered as above to the a certain quantity of land, and that it is not of rate-books, and submitting them together to the more than a certain value ; but in the case of an inspection of the rate-payers, would present nothing immediate lessor, he has nothing tangible--all he objectionable in this department of the poor-lawknows is, that he is held liable for particular num- extending the time for appealing could not injure bers in the rate book, and the rate collector, or any the guardians, as they could levy the tax notwithother officer, can give him no information as to standing the appeal. what particular holdings those numbers refer; he can only adopt a sort of exhausting process, fixing as many of the occupying tenants as he can with We this week continue our examination of the liability, and to a certain amount; and thus es- act for the sale of encumbered estates, and protablishing that he is liable only to the balance of ceed to the discussion of the provisions for the the rate due on the whole townland. This process practical working of the measure in the Master's in appealing clearly imposes on the Assistant Bar Office. The 11th section directs that the proceedrister and justices the duties which should have ings now in force in suits for foreclosure, or for sale been discharged by a valuator.

of estates for payment of incumbrances, shall apply, There is another considerable inconvenience to the where applicable, to proceedings under this act, appellant, arising from the fact that Quarter Ses- and enacts that all persons who shall become parsions are not held four times a year in all Quarter ties to proceedings even “by attending before the Sessions towns. Strange as it sounds, in some Master in the course of such proceedings, or by Quarter Sessions towns they are only held once in otherwise concurring in any such proceedings," and a year, and hence the appellant is frequently obliged their representatives shall be subject to the juristo attend, with his witnesses, at a distant place, and diction of the court and Master. of course, at a considerable expense ;—when the great size of some of the Quarter Sessions districts is considered concurring in the proceedings, at least

It would seem that appearing before the Master is remembered, this will be admitted to be no small we collect this from the use of the words “ attend. grievance. To attend the next Quarter Sessions, asing before the Master, or otherwise concurring" required by the act, an appellant would sometimes so that the object of the party appearing is be obliged to undertake a journey of 60 miles, immaterial, his attendance will be sufficient to which, with waiting his turn, and returning 60 bind him; where this result is apprehended, the miles, would detain him, and perhaps several wit- safer course will be to lodge a caveat with the nesses a week or ten days from home.

registrar, as directed by the 17th sec. by which It seems monstrously absurd, that in the same means the caveater will have notice of every procountry two land-taxes should be based on separate ceeding, and yet not be bound by voluntary suband independant valuations, the one (for the county- mission to the Master. The 12th section provides tax, and which is far the lighter,) conducted with for taking objections to the Master's report, and the most mathematical accuracy as to extent, and contains the following important paragraph, that scientific investigation as to value; the other, (for proceedings shall not abate, nor be suspended by the poor-rate,) conducted in a loose and slovenly any death, transmission, or change of interest

, manner, and admittedly most unsatisfactory. The except so far as it shall be deemed necessary

for townland sheets of the ordnance survey and their carrying on of any such proceedings that any valuation by the same department, afford the most person not before the court shall have notice of, or complete and beautiful basis for a system of taxation be required to attend such proceedings." The that can be conceived; and if the valuators under object of this section is to dispense with the necesthe poor-law only annexed the townland sheets of sity for bills of revivor in case of death, and bills the ordnance-survey to the rate-books, exhibiting of supplement in case of transmission of interest

, on each townland the several holdings into which but the act leaves undefined the mode by which the

proceedings are to be continued. There must be swept away; they were associated, in our mind, some machinery to bring such parties before the with no trouble, on the contrary, they are dear court. Let us take for example the instance of a to most of our early bar recollections, as connected petitioner becoming bankrupt before a report of the with our first rising at the Rolls, they were provocaMaster, how are the proceedings to be continued ? tive of the first sounds our legal lips were heard to The 32d section of the 5 & 6 W. 4, c. 55, s. 32, utter, they are entwined with the memory of our first familiarly known as the sheriff's act, directed that fees, as the friendly solicitor puts the guinea and no proceeding in the matter of any petition (under the brief into our hand. “ Motion to serve party which a receiver had been appointed) shonld deter- out of jurisdiction, suit relating to lands.” mine by the death of any of the parties in such Supremam lachrymam da, memoremque mei. matter, but that the court might make an order for It will be seen, this section gives extensive powers continuing such proceedings; and, in such cases to the Master, and transfers almost the entire conwhere the respondent, the judgment debtor--who duct of the proceedings under this act to his office; is not mere tenant for life, in which instance the under the old system, and the 115th general order, court stands neuter, and allows the remainderman we believe it was the practice of the Masters to to enter without an order discharging the receiver- serve motions on parties in cause or matter out of dies, it becomes necessary to obtain an order of the the jurisdiction, but in those instances, the parties court to continue the proceedings, by serving his were previously before the court; the 10th and executor and heir at law, Brady v. Fitzgibbon, (7 and 16th sections of the late act for the first time I. E. R. 1); Cloncurry v. Piers, (9 I. E. R. 407); gives them power to have notices served in any but in proceedings under the act, the subject of our part of the world, on persons not previously beconsideration, a mere order or notice will not be fore the court. We presume the general orders sufficient, there must in most cases be some plead will direct in ordinary cases who are to be served, ing to bring the new parties properly before the for example, where the father tenant for life files court, either in the shape of a supplemental or the petition, the first tenant in tail being an amended petition ; and, until this proceeding take infant, some one in his behalf should have notice place, we do not well understand how the petition and be his guardian, ad litem, the 35th section can be proceeded with. We presume some provi- applies, only to sales out of court, in which case the sion will be made for all cases of abatement by the father is empowered to apply to the court, which general orders, for the 13th section, which gives may direct notice to be served on some person to the court power to make an order on the appli- act for the infant, but no provision is made for cation of any person interested in carrying on the sales under the order of the court, except that by the proceedings-though analogous to the provision 64th section, the court is empowered to, in certain we have cited from the 5 & 6 W. 4—does not cases, appoint a guardian for an infant, for the purremove the difficulty in practice, more especially pose of any proceeding under the act. where the abatement is occasioned by the death of The 21st section involves a new and rather danthe petitioner, and it is the interest of the opposite gerous principle, that when any incumbrance shall parties that the proceedings should be dismissed. be subject to any limitations of estate or interest, or

The 14th and 15th sections regulate the number shall be held upon any trusts, the first person enand nature of advertisements, and guard against titled to the income of such incumbrance, or the trusthe proceedings being vitiated by any error in any tee, or other person whom the court may think fit, advertisement, except the court shall so direct. shall be the person to make any application, or give

The 16th is an important' section. It provides any consent under this act in respect of such incumthat the Master, before proceeding with the inqui- brance. In the case of consents, unless the court imries directed by any reference, and from time to pose some strong checks upon the tenant for life, the time, under such reference, shall cause notice to be interests of those in remainder, where an incumgiven to all persons who shall appear to him to brance is the subject of settlements are not sufficihave any interest in any of the subjects of ently protected. inquiry; and, that all notices may be served out We have in a former article expressed our apof the jurisdiction of the court, and that the court proval of the 22nd section, which enables persons may have the power to direct substitution of entitled to unredeemable charges, to accept a gross service, and further, that the court, in the case of sum, by way of compensation, and enables the any person who shall be served and shall not Master to sell the lands discharged of those charges, appear, may, by motion of course, make an order or, with the consent of parties interested in part not that such incumbrancer or person shall be bound desired to be sold, to approve of that part being by the proceedings as if he had been a party thereto, exclusively charged with such incumbrance in exprovided that he shall not be excluded from sharing oneration of the rest, or, with such consent as aforein the proceeds of the sale.

said, to approve of such incumbrance being apWe can hardly forbear a murmur of regret, portioned between sold and unsold portions, and when we reflect upon the numerous motions of either of these latter nieasures the Master is em. course which thus will be lost to the Junior bar and powered to take without the consent of the party their heirs for ever by this section ; and we certainly entitled to the unredeemable charge. This section claim credit for our disinterestedness in praising also gives power to the court, on special applicathis measure.

We had seen with comparative tion, to direct a sale before all the accounts are composure, the extinction of bills, and friendly taken, or incumbrances ascertained. answers, but it requires the full exercise of our pa- The 23rd section, regulates the manner of filing triotism and philosophy to see “motions of course" reports and other proceedings, and limits the time for

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