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4. Orders in council may be revoked in whole or in part from time to time.

5. Orders in council to be published in the London Ga

zette.

6. Act may be amended, &c.

⚫ Whereas, in order to prevent the introduction of contagious or infectious disorders among sheep, cattle, horses, and other animals,' be it enacted, that her Majesty, by order in council, may prohibit the importation into the United Kingdom, of cattle, sheep, horses, or other animals, either generally or from any place named in such order, for such period as she may deem to be necessary, for the purpose of preventing the introduction of any infectious or contagious disorder among the sheep, cattle, horses, or other animals in this country.

2. That her Majesty, by order in council, may make such regulations for subjecting sheep, cattle, horses, or other animals to quarantine, or for causing the same to be destroyed upon their arrival in this country, or for destroying any hay, straw, fodder, or other article whereby it appears to her that infection or contagion may be conveyed, to make such regulations with respect to the importation of sheep, cattle, horses, or other animals, as may be necessary to prevent the introduction of any contagious or infectious disorder.

3. That if any cattle, sheep, horses, or other animals be imported or attempted to be imported contrary to any order in council made in pursuance of this act, the same shall be forfeited in like manner as goods prohibited to be imported by any act relating to the customs; and all persons importing or introducing or attempting to import the same shall be liable to such penalties as are imposed on persons importing or attempting to import goods prohibited by acts relating to

the customs.

4. That her Majesty, by any order in council, may revoke the whole or any part of any order issued by her Majesty in council under this act; and that from and after a day to be named in such order or orders of revocation, such order or orders issued under this act, or such part as shall be specified in such order or orders of revocation, shall cease and

determine.

5. That every order in council issued under this act shall, within fourteen days after the issuing, be twice published in the London Gazette; and that a copy of every order or orders in council issued under the authority of this act shall be laid before both houses of Parliament within six weeks after issuing the same, if Parliament be then sitting, and if not, then within six weeks after the commencement of the then next session of Parliament.

6. That this act may be amended or repealed by any act to be passed in the present session of Parliament.

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CAP. CVI.

An act to amend an act of the tenth year of her present Majesty, for rendering valid certain proceedings for the relief of distress in Ireland by employment of the labouring poor, and to indemnify those who have acted in such proceedings. [4th September, 1848.] Sec. 1. Copy of any award made by commissioners of public works to be sent to persons affected by same. Award to be registered.

2. Lands mentioned in the award to become chargeable, and award to be conclusive.

3. Award free of stump duty.

4. Principal, &c. may be paid off within period fixed for repayment.

5. Upon payment of amount due lands to be released. 6. Act may be amended, &c.

'Whereas by an act passed in the 10 & 11 Vict. c. 10,

s. 3, intituled, An act to render valid certain proceedings for the relief of distress in Ireland by employment of the labouring poor, and to indemnify those who have acted in such proceedings, it is amongst other things enacted, and it is advisable that the said act should be amended in that ' and other respects;' be it enacted, that in all cases in which the said commissioners of public works in Ireland shall make or have already made any award under the said act of the tenth year of Her Majesty's reign, the commissioners of public works shall cause a copy of such award to be trans

mitted by post, or in such other manner as they shall think fit, to the proprietor or proprietors, as in the said act men. tioned, of the lands which shall be the subject of such award; and the said commissioners shall execute a copy or duplicate of every such award as and for a memorial thereof for the purposes of registry, and forthwith cause such award to be registered in the office for the registry of deeds in the city of Dublin; and the registrar of the said registry office, his deputies and assistants, and other officers, shall and he and they are hereby required to register every such award in the same manner as any deed or instrument is registered in the said office, and to file, retain, and enter such duplicate or memorial in the abstract books and indexes of or relating to deeds and memorials registered and kept in the said office; and no fees whatsoever shall be payable for or in respect to such registration, anything in any former act to the contrary notwithstanding. 2. That the lands specified in every such award shall, from and after the registry thereof, become charged with the amount mentioned in such award, with interest thereon at the rate of £3 10s. per centum per annum, such interest to be calculated from the 10th of October 1847, and to be payable by half-yearly instalments on the days and times a such award mentioned; and such amount and interest shall have priority over all charges affecting the same lands; and every such award in respect of the lands therein specified shall be binding upon all persons having any estate or interest in such lands, or lien or incumbrance thereon; and every such award shall be conclusive evidence that all requisites by the said last-mentioned act and this act have been fully complied with; and it shall not be lawful for any person to question the validity of such award of the said commissioners of public works in respect of anything whatsoever done or omitted to be done, or for any other reason whatsoever. 3. That no such award or memorial thereof shall be liable to any stamp duty whatever.

4. That the proprietor for the time being of the lands. specified in any such award, at any time within the period fixed by such award for repayment, may pay off in one sum the amount of principal and interest charged upon the said lands, and which may then be due and payable thereout.

5. That upon payment of the sum mentioned in such award, or such portion thereof as may from time to time be due on foot thereof, together with the interest due thereon, and also upon payment of all costs, charges, and expenses (if any) incurred in proceeding to recover the same or in relation thereto, the paymaster of civil services in Ireland for the time being shall execute a release of the lands so charged as aforesaid, at the cost and expense of the party to whom such release shall be granted.

6. That this act may be amended or repealed by any act to be passed in this present session of parliament.

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10. In default of Distress, Justices may commit the hides, horns, hoofs, or other parts of any animals, or of Offender to Prison.

11. Distress, how to be levied.

12. Distress not unlawful for want of Form. 13. Application of Penalties.

Convictions to be returned to Quarter Sessions under 3 G. 4, c. 46. 14. Penalties to be sued for within two Months after Commission of Offence.

15. Penalty on Witnesses making default.

16. Proceedings not to quashed for want of Form, nor removed by Certiorari.

17. Parties aggrieved may appeal to Quarter Sessions, on giving Security.

18. Court may make such Order as they think reasonable. 19. If suit brought on account of seizure, and the judge shall certify that there was probable cause, plaintiff to have 2d. damages, and defendant fined not more than Is.

20. Act to continue in force for two years.

21. Act not to affect the rights, &c. of the city of Lon

don.

22. Act may be amended, &c.

hay, straw, fodder, or other articles likely to propagate® infection; and also for the purpose of purifying any yard, stable, outhouse, or other place, or any waggons, carts, carriages, or other vehicles; and also for the purpose of directing how any animals dying in a diseased state, or any animals, parts of animals, or other things seized under the provisions of this act, are to be disposed of; and also for the purpose of causing notices to be given of the appearance of any disorder among sheep, cattle, or other animals, and to make any other orders or regulations for the purpose of giving effect to this act, aud again to revoke, alter, or vary any such orders or regulations; and all provisions for any of the purposes aforesaid in an such order or orders contained shall have the like force and effect as if the same had been inserted in this act; and all persons offending against the same shall for each and every offence forfeit and pay any sum not exceeding £20, or such smaller sum as the said lords or others of Her Majesty's privy council may in any case by such order direct.

5. That all orders and regulations made under this act shall, within fourteen days after the issuing thereof, be twice published in the London Gazette; and in case such orders or regulations apply to any particular places or districts, then the same shall also be twice published, within fourteen days as aforesaid, in some newspaper or newspapers circulating in the county or counties within which each of such places or districts, or any part or parts thereof respectively, is or are situated.

'Whereas a contagious or infectious disorder, known or 'described as the sheep pox or variola ovina, now prevails among the sheep in some parts of the United Kingdom, and it is necessary to take measures to prevent such disorder ⚫from spreading: be it enacted, that in case any sheep or lambs infected with the said disorder, or any disorder of the like nature, be exposed for sale, or be brought for the purpose of being so exposed for sale, in any market, fair, or other open or public place where other animals are commonly exposed for sale, then and in any such case any clerk or inspector or other officer of such fair or market, or for any constable or policeman, or any other person authorized by the mayor, or by any two justices of the peace having jurisdiction in the place, or any person authorized or appointed by Her Majesty in council, may seize the same, and to report such seizure to the mayor or any justice of the peace having juris-person so offending, and all others aiding and assisting diction in the place; and such mayor or justice either to restore the same, or to cause the same, together with any pens, hurdles, troughs, litter, hay, straw, or other articles which he may judge likely to have been infected thereby, to be destroyed or otherwise disposed of as he shall deem proper, or as he may be directed in manner herein-after provided; and any person bringing or attempting to bring any sheep, lambs, oxen, bulls, cows, calves, or other horned cattle, into any such market, fair, or open or public place as aforesaid, knowing such sheep, lambs, or cattle to be infected with or labouring under either of such disorders as aforesaid, shall, upon conviction thereof, forfeit and pay for each and every such offence a sum not exceeding £20. 2. That if any person turn out, keep, or depasture any sheep or lambs infected with or labouring under the said disorder in or upon any forest, chase, wood, moor, marsh, heath, common, waste land, open field, road side, or other undivided or uninclosed land, such person shall, on conviction thereof, forfeit any sum not exceeding £20.

6. That a copy of every such order or orders shall be laid before both houses of parliament within six weeks after issuing the same, if parliament be then sitting, and if parliament be not then sitting, then within six weeks after the commencement of the then next session of parliament.

7. That in case any person wilfully obstruct or impede any person acting under the authority of this act, or of any order or regulation made in pursuance of this act, every

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3. And whereas it is expedient for the preservation of 'the public health to make provision for preventing the sale * of any meat unfit for human food:' be it enacted, that if any meat unfit for human food be exposed or offered for sale in any market, fair, or other open or public place, such clerks, inspectors, constables, policemen, or other persons authorized as aforesaid may seize the same, and report such seizure to such mayor or justice as aforesaid; and such mayor or justice may either order the same to be restored, or to be destroyed or otherwise disposed of as aforesaid; and any person publicly exposing or offering such meat for sale shall, upon conviction, forfeit and pay for each and every such offence a sum not exceeding £20.

4. And for effectually preventing the spreading of contagious or infectious disease, be it enacted, that the lords of Her Majesty's privy council, or any two or more of them, from time to time may make such orders and regulations as to them may seem necessary for the purpose of prohibiting or regulating the removal, to or from such parts or places as they may designate in such order or orders, of sheep, cattle, horses, swine, or other animals, or of meat, skins,

therein, shall and may be seized and detained by such person so acting under this act, or any person or persons he may call to his assistance, until such offender or offenders can be conveniently taken before some justice of the peace having jurisdiction in the county or place wherein such offence shall be committed, and when convicted before such justice (who is hereby authorized and required, upon complaint to him upon oath, to take cognizance thereof, and to act summarily in the premises,) shall, in the discretion of such justice, forfeit any sum not exceeding £5, and in default of payment thereof shall and may be imprisoned for any term not exceeding two calender months, unless the amount of the penalty shall have been sooner discharged.

8. That every penalty or forfeiture imposed by this act may be recovered by summary proceeding before two justi. es; and upon the exhibition of any information in writing before any justice such justice shall issue a summons requiring the party complained against to appear before two justices, at a time and place to be named in such summonsand every such summons shall be served on the party offend; ing, either in person or by leaving the same with some inmate, at his last or usual place of abode; and upon the appearance of the party complained against, or in his absence, after proof of the service of such summons, any two justices having jurisdiction may proceed to the hearing of the complaint; and upon proof of the offence, either by the confession of the party complained against or upon the oath of one credible witness or more, such justices may convict the offender, and upon such conviction to adjudge the offender to pay such penalty as may seem fit, and not greater than the penalty or forfeiture specified in this act, as well as such costs attending the conviction as such justices shall think fit.

9. That if forthwith upon any such adjudication as aforesaid the amount of the penalty or forfeiture, and of such costs as aforesaid, be not paid, the amount of such penalty and costs shall be levied by distress, and such justices, or either of them, or any other justice having jurisdiction as aforesaid, shall issue their or his warrant of distress accordingly.

10. That such justice may order any offender so convicted

as aforesaid to be detained and kept in safe custody until return can be conveniently made to the warrant of distress to be issued for levying such penalty or forfeiture and costs, unless the offender give sufficient security, by way of recognizance or otherwise, to the satisfaction of the justice, for his appearance before him on the day appointed for such return, such day being not more than eight days from the time of taking such security; but if before issuing such warrant of distress it shall appear to the justice, by the admission of the offender or otherwise, that no sufficient distress can be had within the jurisdiction of such justice whereon to levy such penalty or forfeiture and costs, he may, if he think fit. refrain from issuing such warrant of distress; and in such case, or if such warrant shall have been issued, and upon the return thereof such insufficiency as aforesaid shall be made to appear to the justice, then such justice shall by warrant cause such offender to be committed to gaol, there to remain without bail for any term not exceeding three months, unless such penalty or forfeiture and costs be sooner paid and satisfied.

11. That where in this act act any sum of money, whether in the nature of penalty or otherwise, is directed to be levied by distress, such sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same; and the overplus arising from the sale of such goods and chattels, after satisfying such sum of money, and the expenses of the distress and sale, shall be returned, on demand, to the party whose goods shall have been distrained.

12. That no distress levied by virtue of this act shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case.

13. That all penalties and forfeitures recovered under this act shall be applied as follows: one half thereof shall be paid to the person who shall sue or proceed for the same, and the other half to Her Majesty's use, and shall be paid to the sheriffs of the county, city, or town where the same shall have been imposed, and shall have been duly accounted for by him; and that all convictions before justices, and all fines, forfeitures, or penalties imposed in consequence of such convictions, shall be returned to the court of Quarter Sessions, under the provisions of the 3 Geo. 4 c. 46.

14. That no person shall be liable to the payment of any penalty or forfeiture imposed by virtue of this act for any offence made cognizable before a justice, unless the com

county or place in which the cause of appeal shall have arisen,
but no such appeal shall be entertained unless it be made
within four months next after the making of such determi
nation or adjudication, nor unless ten days notice in writ
ing of such appeal, stating the nature and grounds thereof, be
given to the party against whom the appeal shall be brought,
nor unless the appellant forthwith after such notice enter
into recognizances, with two sufficient sureties, before a
justice, conditioned duly to prosecute such appeal, and to
abide the order of the court thereon.
(To be continued.)

CHANCERY.

Robert Keating, Esq., Plaintiff.
Richard Garde, Elizabeth Garde,
Widow Gustavus Hamilton,
Henry Pigott, and others.

Defendants.

PURSUANT to the Decree made in this cause, bearing date the 2nd day of March, 1849, I hereby require all persons having Charges and Incumbrances affecting the Lands and Premises in the pleadings in this cause mentioned, to come in before me on or before Thursday the 21st day of June next, and prove their de mands, otherwise they will be precluded the benefit of said decree, E. LITTON, LUKE DUFF, Solicitor for Plaintiff, 26, Grenville Street, Dublin.

Dated this 27th day of April, 1849.

IN CHANCERY.

Plaintiffs. PURSUANT to the Decrees

Robert Magee and others,
John Miller and others,

Same, Plaintiffs.
James Scott Molloy,

Defendants,

Defendant.

in this cause, bearing date respet. tively the 3rd day of July, 1848, and 20th day of April 1849, 1 hereby require all persons having Charges and lacus. brances affecting the Estates of the De. fendant John Miller, situate in the Town of Belfast, in the County of An trim, in the Pleadings in this Cause mentioned, to come in before me, at my Chambers on the Inns Quay, in the City of Dublin, on or before Friday, the 1st day of June next, and prove the same, otherwise they will be precluded the benefit of the said Decree. E LITTON

Dated this 1st day of May, 1849.

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plaint respecting such offence shall have been made before [RISH MANUFACTURE INDIAN RUBBER BLACK

such justice within two months next after the commission of such offence.

15. That any justice may summon any person to appear before him as a witness in any matter in which such justice shall have jurisdiction under this act, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth; and if any person so summoned shall without reasonable excuse refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be examined on oath, or to give evidence before such justice, every such person shall forfeit a sum not exceeding £5 for every such offence.

16. That no warrant of commitment consequent upon any conviction under this act shall be held void by reason of any defect in such warrant, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same; nor shall any conviction, order, or other proceeding in pursuance of this act be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into any of the superior

courts.

17. That if any person shall think himself aggrieved by any determination or adjudication of any justice with respect to any penalty or forfeiture under the provisions of this act, he may appeal to the general Quarter Sessions for the

ING, Manufactured by RICHARD KELLY, Boot Maker, 16, COL. LEGE GREEN, Dublin,

It makes the Leather soft, pliant, and even Waterproof, sold by the Bootmakers and Grocers through the City, in Bottles at 4d, Sd, and L. each, N.B.-Country Shopkeepers treated with on the most Liberal Terms, Portobello March 31st.

Sir,

"I have examined your Indian Rubber Blacking, and find it made of those materials which are most proper for such a composition. It has some advantages in use not possessed by similar articles of manufacture; it is susceptible of a very high polish, it does not soil, and its permanent effect on the leather is of a beneficial character.

Mr. Kelly, College-green.

"THOMAS ANTISELL Lecturer on Chemistry,"

All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, 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 Communications nor will the Editor be accountable for the return of Manuscripts, &c.

Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL LEGE GREEN, or by letter (post.paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication.

TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 178. Quarterly, 98.

Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45 FLEET STREET, in the Parish of St. Andrew, and published at 15, COLLEGE GREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, May 19, 1849.

Erish Jurist

No. 30.-VOL. 1.

MAY 26, 1849.

PRICE

Per Annum, £1 10s.
Single Number, 9d.

The Names of the Gentlemen who favour THE IRISH JURIST with Reports in the several Courts of Law and Equity in Ireland, are as follows :

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AMONGST the contemplated measures of the Session, we have to enumerate one for the consolidation and amendment of the laws relating to Attorneys and Solicitors in Ireland. The design of the measure is to remove some manifest defects, but its language is sometimes obscure, and its enactments not sufficiently distinct or methodized. It proposes to make all costs, whether for business done in Court or otherwise, taxable; at least, we conclude this to be the design, from the following part of the second section:" And upon the application of the party chargeable by such bill within such month(month after service)—it shall be lawful, in case the business contained in such bill or any part thereof shall have been transacted in the High Court of Chancery, or in any other Court of Equity, or in any matter of bankruptcy or lunacy, or in case no part of such business shall have been transacted in any Court of Law or Equity, for the Lord High Chancellor or the Master of the Rolls, and in case any part of such business shall have been transacted in any other Court, for the Courts of Queen's Bench, Common Pleas, or Exchequer, or any Judge of either (quere: sic in orig.) of them, and they are hereby respectively required to refer such bill, and the demand of such attorney or solicitor, executor, administrator, or assignee, thereupon to be taxed and settled by the proper officer of the Court in which such reference shall be made, without any money being brought into Court."

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Court of Exchequer
Chamber....

JOHN BLACKHAM, Esq., and
A. HICKEY, Esq., Barristers-at-
Law.

Queen's Bench, includ-S FLORENCE MCARTHY, Esq., and

ing Civil Bill and Registry Appeals...... Exchequer of Pleas, including Manor Court and Registry Appeals.

Common Pleas ....

{

SAMUEL V. PEET, Esq.,

Barristers-at-Law.

CHAS. H. HEMPHILL, Esq., and
WILLIAM HICKSON, Esq., Bar-

risters-at-Law.

ROBERT GRIFFIN, Esq., Barrister-at-Law.

But

understand the meaning to be, that the Courts of
Common Law are to have power to refer, when the
"whole business" is transacted at common law.
The bill in terms only applies to cases where there
is" any part" of such business so transacted.
the intention is, that in cases where the costs are
wholly legal, or
wholly legal, or are partly legal and partly
equitable, or partly legal and partly for business
done out of Court, and in all cases of business
done in their own Courts, as the Equity Exchequer ;
Courts of law will have the power to refer, and
in all other cases the Court of Chancery.

Independently of rendering every description of business taxable, no submission of the applicant for taxation, to pay the sum that shall be found due upon such taxation, is required; but by the eighth section payment of the amount may be enforced according to the course of the Court in which such reference shall be made, and a Court of Common Law may order judgment to be entered up for such amount with costs, unless the retainer shall have been disputed previous to the commencement of the taxation. We apprehend, no application for taxation would be made where the retainer was disputed: nor should a reference be permitted, if the relation of attorney and client were matter of controversy.

It is proposed to allow service of the bill either by delivery, as at present, or by sending it through the post, or leaving it at the counting house, client's office of business, dwelling-house, or last known place of abode. We think, in matters of this sort, this postal latitude of service unwise. In proper cases, the Court will substitute service, but legislative laxity on this point is injudicious. The necessity for furThis clause comprehends various classes of busi-nishing the bill is very properly extended to all cases ness; business transacted in a Court of Equity, either altogether or together with business done in a Court of Law, or business hitherto not taxable; business not transacted in any Court, and business transacted exclusively or in part in a Court of Law. Iu the arrangement of the sentences, although we

whether by the attorney himself or his representatives. Under the existing law the attorney was required to deliver his bill a month before the commencement of the action, but, singularly enough, it was held, on the construction of the previous statute, to be unnecesssary for his executor or administrator

to do so, thus, in all such cases, frustrating the in-point being the absence, or the contrary, of sumtention of the legislature, to give the client a reason- mary jurisdiction. able time to consider whether the demand were fair or exorbitant.

No reference for taxation is to be made after verdict or writ of inquiry, nor after the expiration of twelve months after the bill has been delivered or sent, except under special circumstances.

If there be any doubt on the question it would be well to remove it by making the proviso we have cited more explicit and comprehensive.

In the course of our observations we guard ourselves from the expression of any censure upon the introducers of the proposed bill, as deserved either by its language or design, the former being taken ipsissimis verbis from the English act of 1843, 6 & 7 Vic. c. 73; the only matter of blame that could attach would be the following too exactly that from the charges of solicitors in matters not taxable, but must rejoice at the prospect of protection from demands, whose exorbitancy, as in cases of loans, was ill-proportioned to the need of the client. The respectable practitioner never dreads scrutiny, and the knavish one always requires it.

The want of summary jurisdiction of courts of law and equity over the representatives of attorneys in cases where such representatives had possession of the client's deeds, occasioned much inconvenience and sometimes gave rise to much extortion; the pre-measure. No one who has witnessed or suffered sent measure contains the following proviso:"That it shall be lawful for the said respective Courts and Judges, in the same cases in which they are respectively authorized to refer a bill, to make such order for the delivery by any attorney or solicitor, or the executor, administrator, or assignee of any attorney or solicitor, of such bill as aforesaid, and for the delivery up of deeds, documents, or papers in his possession, custody, or power, or otherwise touching the same, in the same manner as has heretofore been done, as regards such attorney or solicitor, by such Courts or Judges respectively, where any such business had been transacted in the Court in which such order had been made."

This proviso would appear to relate to cases between Solicitor and Client merely; but the evil is not confined to such cases. Thus, in Roberts v. Prior, (not yet reported,) the mortgagee had not obtained possession of the title-deeds; the mortgagor had, subsequently to the mortgage, given them to the solicitor. In a foreclosure suit by the mortgagee, a final decree for sale had been obtained. For the purpose of making out title, an application was made against the representative of the solicitor for the deeds, without prejudice to any lien he might be enabled to establish on the funds to be realized by the sale. It was plain, that against the mortgagee the solicitor or his representative had no lien, and also plain, that, as against the solicitor himself the Court would have complete jurisdiction to enforce the production of the deeds, but the Master of the Rolls held he had no summary jurisdiction against the personal representative, and it had been previously so held in England; although, independently of authority, it would have appeared to us that every representative or assignee of an attorney would be subject to all the equities to which the attorney himself would have been liable; and in the case of the assignee of Mills v. Lester, (Hayes, 201,) the Court of Exchequer exercised summary jurisdiction over the assignee of an insolvent attorney, who had unwarrantably obtained possession of papers belonging to the testator of the defendant. There was this distinction between the authority we have cited and the class of cases to which we refer, that the question arose between the representative of the client and the assignee of the attorney, whilst in Roberts v. Prior and similar cases, which are not of unfrequent occurrence, no relation of attorney and client has subsisted. But that distinction is not the ground of decision, the

In the recent case of Delany v. Newland, (1 Ir. Jur. 238,) a principle has been laid down by the Court of Exchequer, in an elaborate judgment by the Lord Chief Baron, in which he reviewed all the authorities, that in every case where a bill is shewn to be tainted with fraud, the onus is thrown upon the holder of proving that he has given value.

This decision will, we trust-at least, in this country-settle a question which the decisions of the Court of Queen's Bench in England, and that of Howard v. Shaw, (9 Ir. L. Rep. 335,) in Ireland, had left unsettled. The view taken by Mr. Baron Parke, in Bailey v. Bidwell, (13 M. & W. 76,) that "the taint of fraud or illegality afforded a presumption that the person who had been guilty of the illegality would dispose of it, and would place it in the hands of another person to sue upon it,” is so perfectly consonant with the ordinary facts in such cases, and those which actually existed in the principal case, as to leave no doubt upon any mind of the correctness of the conclusion of that learned Judge. And such a taint being once thrown upon the holder's title, the propriety of compelling him to prove that which, if true, he can have no difficulty in doing, the whole transaction being peculiarly within his own knowledge, is clearly preferable to that of throwing upon the defendant the onus of proving the absence of any consideration flowing from the holder-a proof which, from the very nature of the thing, is in every stage beset with difficulties, and is probably, in nine cases out of ten, incapable of proof by the defendant.

The only case which created a serious difficulty in the way of the conclusion arrived at by the Court, was that of Howard v. Shaw, a case which received much consideration at the bar and on the bench. The decision in the principal case, however, virtually over-rules that of Howard v. Shaw, so far as this question is involved, the Court being of opinion that the point did not properly arise in Howard v. Shaw, as in that case there was an adequate consideration for the notes, (See judgment, p. 351,) and because the case of Bailey v. Bidwell had not been cited to the Court. It is also observable, that the cases referred to and

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