general rule. This immunity from the payment of any office fees we regard as a great boon to the owners of incumbered estates, and incumbrancers; and as the salaries of the Commissioners, and other officers, and other expenses of carrying the measure into execution, are to be paid out of moneys to be provided by parliament, the operation of the billif it will be distasteful to proprietors, whom it will deprive of the nominal ownership of estates-will effect the transfer with as little injustice to them as possible-applying the whole proceeds of the estate, except the absolutely necessary costs, either to the payment of the debts due by it, or, (in the event of its discharging those) to the use of the owner himself. To the capitalist, the prospect of being put into immediate possession-in place of being kept many years in suspense, pending the suit, with a chance that in the event of the seller not being able to make title, that he may be obliged to institute a suit for the recovery of the instalment he has paid-will operate as a very considerable inducement to purchase. The privileges created by the bill, are only conferred on incumbrances created by the owners of estates of inheritance, or owners entitled to the whole estate in leases in perpetuity, or leases of which not less than 60 years shall be unexpired and incumbered, or under powers created by owners of such estates. Persons possessed of charges of these descriptions, are empowered by the bill-within three years after its passing-to apply for a sale of the estates affected by these charges; interests in remainder are thus respected, and all derivative interests are jealously protected, and, in fact, strengthened by the transfer, as the 22nd section requires that the conveyance from the Commissioners to the purchaser shall refer to all tenancies, leases, or under-leases, subject to which the sale is made. The 37th section will probably put an end to many suits. It provides that application may be made for a sale, and an order made by the Commissioners, notwithstanding any pending proceeding in a court of Equity, or any decree of such court made for a sale, and shall, if they see fit, order the sale of the land or lease decreed to be sold without further inquiry. By this provision much useless litigation and expense will be put a stop to even where the decree for a sale has been obtained-as, under the new tribunal, complicated and expensive searches to make title to the purchaser, will be rendered unnecessary, and, at the same time, the title conferred made more complete and satisfactory. tify themselves by taking the initiative in the ruin of a property, or taking steps merely with a view to embarrass other incumbrancers. On the whole, we see much t to admire in this enactment; but we cannot see the absolute neces sity there was for the creation of a new tribunal, to effect all that is contemplated by it. Mucha has been said of its confiscating tendency, we can not find fault with an enactment which facilitates the transfer of property, when the circumstances of the country absolutely demand that it should change hands; and though we lament that a great amount of property will be forced into the market at a time when circumstances of an unprecedented character have depreciated its value, yet we must give the framers of the measure credit for endea vouring to obviate, to the utmost of their power, the ill effects of these unhappy circumstances. In the first place, by giving a good title to the pur chaser, the price of the estate will probably be much increased; and in the next place, by dimi nishing the expense of the sale, the balance appli cable to the payment of debts, the chance of there being a surplus for the maintenance of the owner, will be also much increased, by the operation of which two causes proprietors and incumbrancers will be placed in a much better position than if left to the old remedy by Bill in Equity. But that the remedy by Bill in Equity could not be moulded to suit the altered circumstances of the country and of the time, and that it would not be, at the least, as safe and satisfactory to entrust powers such as those conferred on the Commissioners by the present Bill, on the Chancellor-as on men who are as yet unknown-we cannot admit. The narrator of the proceedings of an equity suit must record that the preliminary proceedings were in many instances unnecessarily prolix, tedious and expensive, that the expense of obtaining a decree to account was almost the same whether the suit were amicable or adverse, that the property underwent a wasting process under the dominion of a receiver, and we trust it will be in his power to relate that a measure was devised by which title was made secure, sales completed without delay, property handed over uninjured to the new proprietor, and creditors paid with expedition. It will be difficult to realize these conceptions; the new measure will, however, go some way towards showing that property may be sold at a more accelerated rate than at present. The limited duration of the new tribanal, the lowness of the salaries of the Commissioners, the remuneration being inadequate to secure men of the first ability, the arbitrary powers conferred upon them, the power of appeal resting with themselves, and, when permitted, being to a tribunal not calculated to inspire much legal confidence The 36th section confers a very salutary power on the Commissioners, and will, we hope, have the effect of preventing applications to them merely for malignant or vexatious purposes. By this sec. it is enacted, that they shall have full power and the Privy Council, are calculated seriously to imdiscretion as to giving or withholding costs and pair the general effectiveness of the measure. The expenses, and as to the person by whom and the country also is burdened with an increased expense, funds out of which the same shall in the first in- when the existing tribunals are amply sufficient to stance or ultimately be paid. The Commissioners, perform all the legal business of the country. It acting under this section, will doubtless take into would have been more inexpensive and as efficacious account the intent with which, and circumstances if the powers conferred by the bill were vested in under which, any application is made; and will the Court of Chancery. However, we look forward not allow incumbrancers, who have in no event to this measure as being the pioneer to one of lastany rational hope of realizing their charges, to gra-ing usefulness: by which the Equity courts can here We could not read without a smile the provision contained in the concluding part of the 38th section of this bill, prohibiting an incumbrancer, from commencing, taking, continuing, or prosecuting any proceeding whatsoever, under the act of last session "to facilitate the sale of incumbered estates in Ireland," without leave of the Commissioners. It reminded us of one of the prohibited degrees, within which it is declared that a man "shall not marry." after be consolidated, purged of their old excrescen-yearly instalments, to be raised as poor-rate, and ces, and form a concentrated system of enlightened be received by the high constable; and the 7th jurisprudence. section contains the following words" and the several clauses, provisions, powers, authorities in the said first recited act, contained with respect to the moneys to be raised and levied under the same, and with respect to any deduction to be made from any rent, in respect of any assessments under the said act, and also the several provisions and powers of the said acts for the more effectual relief of the destitute poor in Ireland, with respect to any such deduction to be made from rent or tithe, shall be extended and applied to the moneys to be assessed, raised, or levied under the provisions of this act, and the several words or expressions to which an extended meaning is given in the said first recited act shall include the like significations in this act.” ас ass ST THE Legislature, we presume, has felt that the owners of tithe rent charge were unequally and unjustly taxed under the various poor law acts, that they had exempted them from liability to the labour rate act, 9 & 10 Vic. c. 107. However they repented of their leniency, and by the 10 & 11 Vic. c. 107, have introduced words which impose the liability. The first statute, by the 8th section, provided for the repayment of advances by half yearly instalments; not less than four, nor more than twenty to be presented by the grand juries of the different counties, and levied off the baronies in which the works for which the advances had been made were executed; and by the 9th section, enacted that the moneys to be raised should be charged and levied upon the occupiers, and other persons rated under the poor law acts. The applotment, was to be made, and the money levied by the high constable of the barony, and to be recoverable as grand jury cess. The effect of this section was the adoption of the poor law valuation as the basis of levy, and making the parties liable to payment the occupiers or immediate lessors. The 12th section allowed the person liable to pay a rent, to deduct for each pound of rent onehalf of the amount of the levy, irrespective of the consideration whether the rent were greater or less than the net annual value; and the 13th section empowered any person receiving rent, and also liable to pay a rent, to deduct from the rent paid by him a sum bearing such a proportion to the amount of such assessment deducted from the rent received, as the rent paid bore to the rent received. It was under this clause that any question could have been raised as to the liability of the tithe owner; in no portion of the act is he expressly mentioned, and it was plain, in our judgment, that the statute was confined to cases either expressly included, or to those in which the relation of landlord and tenant existed, and that there were no words to charge the tithe owner. The language of the various poor law acts was clear, and the classification of persons liable to poor rate kept perfectly distinct as to occupier, la za dlord, tithe-owner, or annuitant in fee If then any applotment has been made under this This later act remitted one half of the advance, provision for the more equitable adjustment of the in the community should be subjected to a double ANALYSIS OF A BILL TO PROTECT serted in the Committee. Whereas it is expedient to protect justices of the peace in Ireland in the execution of their duty: be it enacted, That every action to be brought against any justice of the peace in any of the superior courts of law at Dublin, for any act done in the execution of his duty, and within his jurisdiction as such justice, shall be an action on the case; and in the declaration it shall be alleged that such act was done maliciously, and without reasonable and probable cause; and if at the trial upon the general issue being pleaded, the plaintiff shall fail to prove such allegation, he shall be nonsuit, or a verdict shall be given for the defendant. II. That for any act done by a justice of the peace in which he has not jurisdiction, or shall have exceeded his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued by such justice in such justice, without making any allegation that any such matter, may maintain an action against the act complained of was done maliciously, and without reasonable and probable cause: provided either upon appeal or upon application to her Mathat (in any case where a conviction may be quashed Jesty's Court of Queen's Bench) no action shall be brought for any thing done under such conviction or order until after such conviction or order shall have been quashed; nor shall any action be brought Prepared and brought in by Sir W. Somerville and Mr. Attorney General. for any thing done under any warrant issued by such justice to procure the appearance of such party, and which shall have been followed by a conviction or order, until after such conviction or order shall have been so quashed; or if such lastmentioned warrant shall not have been followed by any such conviction or order, or if it be a warrant upon an information for an indictable offence, nevertheless if a summons were issued previously to such warrant, and such summons were served upon such person, either personally or by leaving the same for him at his last or most usual place of abode, and he did not appear according to the exigency of such summons, in such case no such action shall be maintained against such justice for any thing done under such warrant. III. That where a conviction or order shall be made by one or more justice or justices, and a warrant of distress or of commitment shall be granted thereon by some other justice bona fide and without collusion, no action shall be brought against the justice who so granted such warrant by reason of any defect in such conviction or order, or for any want of jurisdiction in the justice or justices who made the same, but the action shall be brought against the justice or justices who made such conviction or order. IV. That where any poor rate shall be made, and a warrant of distress shall issue against any person rated, no action shall be brought against the justice or justices who shall have granted such warrant for any irregularity in the said rate, or because such person was not liable to be rated; and in all cases where a discretionary power shall be given to a justice by any act of parliament, no action shall be brought by reason of the manner in which he shall have exercised his discretion in the execution of any such power. V. And whereas it would render more effective the performances of the duties of justices, and give them protection, if some simple means were devised by which the legality of any act to be done by such justices might be considered by a court of competent jurisdiction, and such justice enabled to perform it without risk of action; be it enacted, that where a justice or justices of the peace shall refuse to do any act relating to the duties of his or their office, the party requiring such act to be done may apply to her Majesty's Court of Queen's Bench, upon an affidavit of the facts, for a rule upon such justice or justices, and also the party to be affected by such act to show cause why such act should not be done; and if after service of such rule good cause shall not be shown, the court may make the same absolute, with or without payment of costs, and the said justice or justices upon being served with such rule absolute shall obey the same, and shall do the act required; and no action or proceeding whatsoever shall be prosecuted against such justice or justices for having obeyed such rule, and done such act so thereby required. VI. That in all cases where a warrant of distress or of commitment shall be granted by a justice of the peace upon any conviction or order which shall have been or shall be confirmed upon appeal, no action shall be brought against such justice who so granted such warrant for any thing done under the same by reason of any defect in such conviction or order. VII. That where by this act it is enacted that no action shall be brought, if any action shall be brought a judge of the court in which it shall be brought, upon application of the defendant, and upon an affidavit of facts, may set aside the proceedings with or without costs. VIII. That no action shall be brought against any justice of the peace for any thing done by him in the execution of his office, unless within si calendar months after the act complained of shall have been committed. IX. That no such action shall be commenced until one calendar month at least after a notice in writing of such intended action shall have been delivered to him, or left at his usual place of abode, by the party intending to commence such action, or by his attorney, in which the cause of action, and the court in which the same is intended to be brought, shall be stated; and upon the back shall be endorsed the name and place of abode of the party intending to sue, and the name and place of abode or of business of the attorney if such notice have been served by attorney. X. That in every action brought in any of the superior Courts of Law, the venue shall be laid in the county where the act was committed; and the defendant shall be allowed to plead the general issue, and to give any special matter of defence, excuse, or justification in evidence, at the trial of such action. XI. That in every case after notice of action so given, and before action commenced, such Justice to whom such notice shall be given may tender to the party complaining, or to his attorney, such sum as he may think fit as amends for the injury complained of; and after action commenced, and at any time before issue joined, such defendant, if he have not made such tender, or in addition to such tender, may pay into court such sum of money as he may think fit, and which tender and payment of money into court may afterwards be given in evidence by the defendant at the trial, and if the jury shall be of opinion that the plaintiff is not entitled to damages beyond the sum so tendered or paid into court, or beyond the sum so tendered and paid into Court, then they shall find for the defendant, and the plaintiff shall not elect to be non-suit, and the sum of money, if any, so paid into court, or so much thereof as shall be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of court to him, and the residue to the plaintiff; or if, where money is so paid into court, the plaintiff shall accept the same in satisfaction of his damages, he may obtain from any judge of the court an order that such money shall be paid to him, and that the defendant shall pay him his costs to be taxed, and thereupon the said action shall be determined, and such order shall be a bar to any other action for the same cause. XII. That if at the trial the plaintiff shall not prove that such action was brought within the time herein-before limited, or that notice was given one calendar month before action commenced, or if he shall not prove the cause of action stated in such notice, or if he shall not prove that such cause of mction arose in the county or place laid as venue in the margin of the declaration, then such plaintiff shall be nonsuit, or the jury shall find for the defend ant. XIII. That where the plaintiffshall be entitled to recover, and he shall prove the levying or payment of any penalty or sum of money under any conviction or order as parcel of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not recover the amount of such penalty or sum so levied or paid, or any sum beyond the sum of two-pence as damages for such imprisonment, or any costs of suit whatsoever, if it shall be proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted, or for nonpayment of the sum he was so ordered to pay. XIV. That if the plaintiff in any such action shall recover a verdict, or the defendant shall allow judgment to pass by default, such plaintiff shall be entitled to costs as if this act had not been passed; or if it be stated in the declaration, that the act complained of was done maliciously and without reasonable and probable cause, the plaintiff, if he recover a verdict for any damages, or if the defendant allow judgment to pass against him by default, shall be entitled to his full costs of suit, to be taxed as between attorney and client; and in every action against a justice of the peace for any thing done by him in the execution of his office the defendant, if he obtain judgment upon verdict or otherwise, shall in all cases be entitled to his full costs in that behalf, to be taxed as between attorney and client. XV. That this act shall extend only to Ireland. XVI. That this act shall commence and take effect on the XVII. After commencement of this act the following statutes or parts of statutes repealed. 10 Car. I. st. 2. c. 16. (I.) 43 G. 3. c. 143. 43 G. 3. c. 141. XVIII. That this act shall apply for the protection of all persons for any thing done in the execution of their office, in all cases in which, by the provisions of any act or acts of parliament, the several statutes or parts of statutes herein-before mentioned and by this act repealed would have been applicable if this act had not passed. XIX. That this act may be amened or repealed by any act to be passed in the present session of parliament. Whereas it is expedient and would tend to the more beneficial administration of justice in the Court of Record of the borough of Dublin and in the courts of record of other boroughs in Ireland, and would prevent the improvident and injurious seizure of goods in such boroughs, if the process now in force of proceeding by way of attachment of goods for compelling the appearance of a defendant as well as the process of foreign attachment in the said courts were to cease and determine: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this act, it shall not be lawful for any person to proceed by way of attachment against the goods of any person or by foreign attachment in any court of record of any borough of Ireland. II. And be it enacted, that from and after the passing of this act no person shall have power to attach the goods of any defendant upon any process of attachment issuing out of any court of record of any borough in Ireland to compel such defendant to give special bail, but that in all cases where the cause of action shall amount to the sum of ten pounds or upwards the plaintiff shall proceed by way of process issuing out of said court, and returnable to the same on or before a certain day to be named and specified in the said process, and shall serve the defendant or defendants personally with a copy of the said process; and if such defendant or defendants shall not appear at the return of the process, or within four days after such return, in such case it shall and may be lawful to and for the plaintiff or plaintiffs, upon affidavit having been made and filed in the said court of record of any borough in Ireland of the personal service of such process as aforesaid (which affidavit shall be filed gratis), to enter a common appearance or file common bail for defendant or defendants, and to proceed thereon as if such defendant or defendants had actually appeared. III. And be it enacted, that such affidavit of service of such process shall and may be made before any mayor or recorder of any borough out of the court of record whereof such process shall issue. IV. And be it enacted, that upon every copy of such process to be served upon any defendant shall be endorsed a notice to such defendant to the intent and meaning of such service to the effect following; that is to say, "A. B. You are served with this process, to the intent that you may by your attorney appear in the court of record of the borough of at the return thereof, being the day of in order to your defence in this action." Which said notice shall be signed by the attorney of the plaintif or plaintiffs with his Christian and surname, and thereunto shall be added his place of residence, and for which notice no fee or reward shall be demanded or taken. V. Provided always, and be it enacted, that no plaintiff shall enter a common appearance, or file common bail for any defendant unless the plaintiff or his attorney, or the attorney employed for the purpose of having the process personally served, shall make affidavit in writing that such plaintiff or attorney (as the case may be) knows the person so swearing to such service, and that such plaintiff or attorney (as the case may be) believes that such process has been personally served on the defendant at such time as such person shall have sworn to, and in which affidavit the addition and place of residence of the person so swearing to such service shall be inserted, which said affidavit shall be filed gratis. VI. Provided always, and be it enacted, that whenever it appears to the court out of which the process issues that all due diligence has been used to have the process of the court personally served, yet that under the special circumstances of the case appearing to the court by the affidavit of the plaintiff or his attorney, or the attorney employed for the purpose of having the process personally served, that it was not possible by reasonable diligence to effect personal service, that then and in such case it shall and may be lawful for the court out of which the process issues to substitute such other kind of service as to them shall seem fit. VII. And be it enacted, that so much of an act passed in the third and fourth years of the reign of her present Majesty, for the regulation of municipal corporations in Ireland, as relates to the process of attachment of goods and the process of foreign attachment in the courts of record of boroughs in Ireland, and is inconsistent with the provisions of this act, shall be and the same is hereby repealed. VIII. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of Parliament. (Continued from p. 224.) 18. That at the Quarter Sessions for which such notice shall be given the court shall proceed to hear and determine the appeal, or they may, if they think fit, adjourn it to the following sessions; and upon the hearing of such appeal the court may mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant, or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable. 19. That in case the mayor or justice to whom the seizure of any sheep, lambs, or cattle supposed to be infected as aforesaid, or of any meat supposed to be unfit for human food, may have been reported, shall upon inquiry order the same to be restored, and in case it appear to such mayor or justice that there was a probable cause of seizure, then and in such case such mayor or justice shall grant a certificate to the party making the seizure that there was such probable cause, and in such case the person or persons who made such seizure, being a person or persons acting under the authority of this act, or of any order made in pursuance hereof, shall not be liable to any action, indictment, or other suit or prosecution on account of such seizure; and in case any action, indictment, or other suit or prosecution shall be commenced and brought to trial against any person or persous, being a person or persons acting under such authority as aforesaid, on account of the seizure of any animals, parts of animals, hay, straw, fodder, or other articles seized as forfeited under this act, or of any order or orders made under the authority of the same, wherein a verdict shall be given against the defendant or defendants, if the court or judge before whom such information or suit shall have been tried shall have certified on the said record that there was a probable cause for such seizure, then the plaintiff, besides the things seized or the value thereof, shall not be entitled CAP. CXII. An act to consolidate, and continue in force for two years and to the end of the then next session of parliament, the metropolitan commissions of sewers. [4th Sept., 1848] CAP. CXIII. An act for the further amendment of the acts relating to the Dublin police. [4th Sep. 1848.] Sect. 1. Appointment of Clerks and Officers in Dublin Police Offices vested in the Chief or Under-Secre tary of Lord Lieutenant. 2. Immediate Lessor rated under 2 & 3 Vict. c. 78, may be described as the "Immediate Lessor" in certain cases. 3. Powers for the Recovery of Police Tax. Divi sional Justices of Police District in Dublin to have same powers within Dublin Metropolis as Justices have in any County in Ireland. 4. Power to Divisional Justices to reduce the Fines upon Licenses in respect of Carriages under Irish Act, 37 G. 3, and to increase the same again, Power to Commissioners of Police to alter Hackney Coach Stands. 5. 6. Power to Commissioners of Police to license any Stage Carriage or Omnibus to ply in Dublin or the District adjoining. 7. Power to Commissioners to grant licenses to Drivers of Hackney Carriages, &c. At the time of granting license, an Abstract of the Laws and Ticket to be given to Driver, &c. 8. 9. A Fee of 2s. 6d. to be paid for Licenses granted under this Act, and Is. for every Renewal, Penalty on Persons Acting as Drivers, &c. without having Licence and Ticket; and on proprietors suffering persons to act as Drivers or Conductors not being licensed. Proviso. 10. Persons applying for licences to sign a requisition accompanied with a certificate, for the same. Pe. nalty on persons making false representation. 11. When Drivers or Conductors change their residence, they shall give notice to commissioners. 12. Particulars of Licences to be entered in a book at the Office of Commissioners, which shall be evi dence. |