LIFE.

By the plan of the Union Society the profits are calculated upon the sum insured, and not upon the amount of Premiums paid, thus giving a most important advantage to young and middle ages; and for advanced lives the Tables of the Union offer the immediate benefit of lower rates of Premium. All new assurances participate.

The premiums are also much reduced on Insurances effected without Profits.

Detailed Prospectuses of the extended system of Life Insurances (in one case requiring payment of only twothirds of the Premium) may be had gratis.

Loans granted on the Policies of this Office. THOMAS LEWIS, Secretary. Agents for Ireland,

JOHN GOLD, Stock Broker, 17, COLLEGE-GREEN,

Dublin.

EXHAM and KIFT, 68, Eccles Street.
Doctor GRAVES, Medical Examiner.

Wm. Simms, Esq., Linen Hall-Belfast.
Dr. Wm. Burden-Medical Examiner.

Exham and Son, South Mall-Cork.
Forest Reid, Esq., Solicitor-Londonderry.
Mr. Worrall, Postmaster-Clonmel.

An Engine and body of Firemen are in constant readiness to attend Fires, at the Company's Enginehouse, No, 10, Crown-alley, rear of the Commercial Buildings.

IN CHANCERY.

John Squire and others, PURSUANT to the decree

Plaintiffs.

Defendants.

in this cause, bearing date the Charles Blake & others, (3rd day of July, 1848, I hereby require all persons having charges and incumbrances affecting the estates of the defendant, Charles Blake, situate in the Counties of Mayo and Galway, and County of the Town of Galway, in the pleadings in this cause mentioned, to come in before me, at my Chambers on the Inn's Quay, in the city of Dublin, on or before Thursday, the First day of February next, and prove the same, otherwise they will be precluded from the benefit of the said Decree. Dated this 1st day of November, 1848.

EDWARD LITTON. Dooner & M'Kay, Plaintiff's Solicitor, 5, Kildare-st. Dublin.

No bad or doubtful Goods are kept in the Stock of this house, to which may be attributed the progressive success which has attended the exertions of the Proprietor for so many years, in the midst of extended and most deceptive opposition; yet, my Prices are so varied by the variety kept, and the different degrees of Fineness, as to enable every one to buy suitably and cheaply for their own, their Children, or their Servant's use.

Tailors and Country Shopkeepers will find an extensive Stock to select from on liberal terms for Cash. J. W. GREGORY, PPOPRIETOR. 7, COLLEGE GREEN, DUBLIN.

THE

'HE CHEAPEST AND MOST EXPEDITIOUS ENGRAVING, Copper-plate, Lithographic and Letter-press PRINTING OFFICE, and STATIONERY WAREHOUSE in Dublin, is at 12, COLLEGE GREEN, opposite the Commercial Buildings, J. J. O'SHAUGHNESSY, Proprietor; where in the Printing Department, Letter and Note Circulars, Bill Heads, Shop Cards, Invoice Tops, Accounts Current, Notices, Posting Bills, Rent Receipts, Letters of Credit, Bauk Drafts, Bills of Exchange, Catalogues of Goods on sale at Wine Merchant's Stores and Wholesale Houses, Bills of Lading, Show Cards and Labels, Maps, Plans, Elevations, and Vignettes, Invitation Notes, and Cards of Address, are accurately and neatly executed at the lowest possible prices consistent with the quality of Paper or Card furnished. Amongst the articles on sale will be found Papers of the best makers, in folio, 4to. and 8vo.; Plain and fancy Envelopes in great variety; Office and fancy Sealing Waxes at various prices; Pocket Books, Wallets, and Card Cases; Briefing Posts; Case and Cost Papers; Mitchell's, Gillott's, and Smith's barrel and nib Steel Pens; Riga, Swan, and British Quills, Pens, and Toothpicks; Rowney, Dillon, and Rowney's Pencils; Patent and plain Inkstands; Memorandum Books, Tablets, and Flexible Slates; Arnold's, Stephens', and Morrisson's Inks; Copying Inks, Books, and Presses; Letter Clips, Files, and Covers; Pencil Cases, Ivory Folders, &c., and every requisite for the office and private desk. Brass, Stone, Silver, Steel, and Copper Engraving in styles to suit prices. Wedding Cards in a new and beautiful style, promptly executed according to a scale of charges to be had at the establishment. Envelopes, with any num. ber of quires of Letter and Note Papers, elegantly embossed with two or more initials, without any charge for the Die. Gummed Wafers on the same terms.

Account Books made to order, and paged progressively. Licensed to sell Stamps.

No. 2.-VOL. I.

PRICE 9d.

The late Act repeals so much of the 7 & 8 Vic. c. 83, s. 6, as exonerated Trustees or Managers from making good any deficiency, except they had in writing, deposited with the Commissioners for the reduction of the National Debt, declared their willingness to be liable, and, instead of this senseless provision, which made Trustees practically irresponsible-leaves it in the power of a Trustee or Manager to limit his liability to a specific amount, which must at least amount to £100. It provides also for the appointment of Auditors, but leaves untouched the pre-existing rights, or rather wrongs, and remedies or no remedies, of depositors.

The history of these institutions is of modern origin. It was not till the year 1817 that the Legislature made any provision for Savings' Banks, although before that period there were four such institutions existing in Ireland.

By the 57 Geo. 3, c. 105, being an Act entitled, "an Act to encourage the establishment of Banks for Savings in Ireland," it was enacted amongst others, that the Commissioners for the reduction of the National Debt should be authorized to allow for the deposits of Savings' Banks an interest of £4. lis 3d., per cent. per annum, and as the same Act contained no restrictions as to the amount of the investments by the depositors, who might have deposits in as many banks as they pleased, it was inevitable from the high rate of interest, and unre

Act passed regarding Savings' Banks in Ireland,) enacted, "that from and after the 20th of November, 1824, it shall not be lawful for the Trustees of any Savings' Bank in England and Ireland respectively to receive from any one depositor any sum or sums exceeding £50 in the whole, during the year then next ensuing, or exceeding £30 in the whole, exclusive of interest in any one year afterwards nor to receive from any depositor any sum or sums whatever which shall make the sum to which such depositor shall be entitled to, exceed the sum of £200 in the whole, exclusive of interest." The 35th sec. of 9 Geo. 4, c. 92, (which is at present in operation,) makes it illegal for the Trustees to receive more than £30 in the whole, exclusive of compound interest, in any one year, or to receive any sum or sums of money whatever which shall make the sum to which such depositor shall be entitled exceed £150, provided that when the sum, standing in the name of the depositor, amounts to £200, no interest shall be payable.

The 27th sec. of the 9 Geo. 4, c. 92, extends the amount of deposits in favour of the Trustees or Treasurers of any charitable or provident institution in England or Ireland for the maintenance of the poor, to £100 per annum, provided the amount invested shall not at any time exceed £300, exclusive of interest.

With the view of giving to the depositors, (in case of any disputes arising between them and the Trustees,) an easy and expeditious remedy, for recovering their demands, without the expense and difficulty of sustaining actions in the superior courts, the 45th sec. of the same Act, (9th Geo. 4, c. 92,) enacts "that if any dispute shall arise between any such institution and any individual depositor therein, or any executor, administrator next of kin, or credi

tor, then the matter shall be referred to the arbitration of two indifferent persons, one to be chosen and appointed by the Trustee or Manager, and the other by the party with whom the dispute arose, and in case the arbitrators shall not agree, then such matter shall be referred in writing to the Barrister-atlaw to be appointed by the said Commissioners as aforesaid, who shall receive a fee of not more than one guinea, and whatever award, order, or determination shall be made, shall be binding and conclusive against all parties, and shall be final to all intents and purposes without any appeal.

The 14th sec. of the 7th & 8th Vic. c. 83, (Aug. 1844,) takes away from depositors the power of appointing an arbitrator, and refers the matter in dispute directly to the Barrister, whose award is final as before; the Barrister under the last section has also the power of proceeding ex parte on notice in writing to the Trustees and Managers. It would appear from the 8th section, which invests all the property in the Trustee or Trustees of such institution for the time being, that the awards of the Barrister must be against the Trustees as Trustees, and that in no case can they be personally liable, except when the funds are misapplied. The cases of Crisp v. Bunbury, (8 Bing. 394,) and Ring v. Midenhall Savings Bank, (6 A. & Ell. 952,) have decided that the 45th section took away the jurisdiction of the courts of law, whilst Cooke v. Courtown, (6 Ir. Eq. Rep. 266) establishes that a suit in Equity cannot be maintained by a depositor against the Trustees, on the ground that arbitration as directed by the statute is the only mode of proceeding in case of disputes between the depositors and the Bank; the late Act makes no alteration in the manner of proceeding by depositors. In the case of Cooke v. Lord Courtown, the Bank had closed without paying the depositors, and it certainly appears very questionable whether the jurisdiction of a court of Equity was removed by the 45th sec. of 9 Geo. 4, c. 9. It appeared a very reasonable construction, that the arbitration clause only applied to cases where the institution was existing, and the dispute arose between the Trustees and an individual depositor, and not to cases where the Bank 'closed, and there was a complicated account to be taken. The question was raised on demurrer, and the case was never carried farther. It seems at variance with the spirit of our constitution that questions of such magnitude should be left to the adjudication of one individual, from whom there is no appeal, and there is an obvious defect springing from the arbitration system, that the acts do not give a summary mode of recovering the awards when decreed by the Barrister.

Before the depositor can be in any way benefitted by the award he must bring an action into the superior courts to recover the amount, and thus be harrassed with the delay and expense, from which it was the object of the Legislature to free him. Chief Justice Tindal, in his judgment in Crisp v. Bunbury, after deciding that the remedy by action was taken away, and that by arbitration substituted, proceeds, "It is evident, I hope, that the Legislature contemplated the cheap, simple, easy and equitable adjustment of all disputes by a reference in the mode pointed out in the Act, instead of the more expensive, dilatory, and uncertain remedy by action

at law, and we think that we should defeat that very serviceable object, serviceable alike to the depositor and the institution, unless we construe the words, used, as words which import an obligation to refer, and take away the right to sue in the superior courts." We conceive the intentions of the Legislature, as declared by the learned judge, are not carried out, in the absence of a summary mode of enforcing the awards.

We think the appointment of auditors, given by the third section of the late Act, and their certificate as to the half-yearly inspection of the depositor's books, required by the fifth section, will be found to insure greater accuracy and correctness in the annual returns of the accounts to the Commissioners, than has yet been attained. Whilst the 46 sec. of the 9 Geo. 4, c. 92, merely require that the Trustees should annually cause a general statement to be prepared, shewing the balance or principal sum due to all the depositors collectively; the third sec. of the late Act enacts, "That Trustees of every Savings Bank shall cause the annual and other statements required to be transmitted under the Acts relating to Savings Banks, to be certified and verified by the auditor or auditors appointed by the said Trustees, in addition to the attestation by Trustees and Managers now required by the said Act, and shall also cause a certificate from the said auditor or auditors as to the result of his or their examination of such of the depositors books, as may have been produced to him or them for examination, to be transmitted with the said annual statement to the said Commissioners."

This last sec. must be taken along with the 5th which enacts, "That the rules of the Savings Banks in Ireland shall specify a number of days, not less than two, in every year, ending the 20th of Nov., on which the book of each depositor shall be produced at the office of the said Savings Bank, for the purpose of being inspected, examined and verified with the books of the institution by the auditor or auditors, and in case the said book shall not be produced on or before the last of the days mentioned in any one year ending as aforesaid, the said account shall be closed, and all interest shall cease to accrue on the sums deposited from the Saturday of the year in which the said books should have been so produced, in the case of any depositor who shall have received notice to produce his said book, and of any depositor in a Savings Bank, the rules of which provide for the production of deposit book once in each year. Provided, nevertheless, that the Trustees or Managers shall have the power to re-open the said account, but only to allow interest thereon from the time when the same shall be re-opened, unless the Trustees shall be satisfied that such depositor has been prevented by some sufficient cause from producing the deposit book at the time so specified, and an extract of this provision shall be enrolled as one of the rules of every Savings Bank."

If these provisions, which are entirely new, be faithfully carried out by the auditor or auditors, cooperating with the Trustees or Managers, it will be impossible for any deficiency in the funds to arise of more than one year's growth, without the knowledge of the Commissioners of the National Debt, who have power, under the 7th sec. to close the account,

and to discontinue any further account with the Trustees. A power, similar to that contained in the last-mentioned section, is given to the Commissioners under the 46th sec. of the 9th Geo. 4, c. 92, but though from recent investigations into the affairs of the Savings Banks, the deficiency in the funds have been found annually to have increased, they did not think it necessary to exercise this power. We believe, however, that the appointment of auditors will guarantee to the Commissioners an accurate annual statement of accounts for the future, and so enable them to form a correct judgment as to the affairs of the Banks. The expense attending the appointment of these officers need not be considerable, as the Trustees have the power of agreeing with the Trustees of any other Savings Bank, as to the appointment of a common auditor. In point of fact, one or two individuals could perform all the duties required by the Act of Parliament, while the advantage to the depositors of having responsible officers to examine into the affairs of the Banks, would go far to restore, in the minds of the industrious classes, depositing their savings in these institutions, that confidence which has been so much shaken by the recent stoppages.

We agree with Mr. Smythe that no Act of Parliament since the 3 & 4 Vic. c. 105, has been passed of such importance to Ireland as the Act for the sale of incumbered estates; within three weeks after it became law, Mr. M'Cay had published his work, which has already seen a second edition, and which contains a careful analysis of the measure, and a good index, Mr. Smythe has successfully followed the plan which he adopted in his former publication on Mr. Pigott's act, and in his introduction has given a succinct epitome of the late statute. We gladly avail ourselves of the assistance of a member of each profession in considering this very important measure, which cannot yet be said to be fairly in operation, the Chancellor and Master of the Rolls not having as yet published their General Orders "for better carrying the Act into effect." It cannot be doubted that facilities for the transfer of incumbered estates were desirable, and their necessity was precipitated by the recent famine, and the consequent pressure of an ill-adjusted Poor Law, which cast the burden of supporting poverty upon the embarrassed landlord, whilst the incumbrancer was exempt from contribution to the ruinous taxation, which weighed so unequally upon his debtor.

From various causes springing from the distress of the country, land in abundance will be thrown into the market. Let us examine the process by which it will be brought to the judicial hammer.

1st by sale under the order of the Court. The owner of an incumbered estate may contract out of Court, and apply afterwards for its approval of the contract, or may apply to the Court in the first in

stance for a sale; an incumbrancer cannot contract except under the direction of the Court. This

The proceedings are to be by petition. is a very important change in the practice of courts of Equity, bills, answers, replications, proofs, first hearing and decree to account, are all swept away, and we are free to confess that in ordinary cases where no discovery on oath is required, the change is a salutary one, the proceeding by petition will be more inexpensive and more rapid; we by no means undervalue the advantage of obtaining an admission on oath, nor the power which a plaintiff possesses of "laying naked the heart of the defendant," but in all friendly suits-and the numerous short causes which are set down term after term, may be cited as instances-every step preliminary to going to the Master's office was a useless expense. We are aware in making this statement, that in cases where cause is shewn against making an order of reference on the petition, it will be inconvenient to try the question on affidavits, but the exceptional cases will not counterbalance the benefit generally conferred on the suitor. The seventh section directs that the petition shall set forth the interest of the petitioner, and the uses, limitations, and trusts to which the land stands limited, and the incumbrances affecting it, and shall be verified as the Court shall direct.

We know not whether the new General Orders will direct, that the affidavit to verify the petition should state that the uses and trusts, incumbran ces and charges set forth in the petition are the only ones affecting the lands, but we think it desirable this should be so, because thus, before any step is taken, due examination of the title will have been made, and an accurate knowledge acquired of the state of the property, and on both these points the Court will have perfect information, and random litigation will be checked. It would prevent the springing up of a practice similar to that of putting an imperfect bill on the file, requiring extensive amendments afterwards. Two courses could have been adopted-either a short statement of the petitioner's estate, or of the incumbrance, as the case may be,--and of the lands desired to be sold; or a complete one, setting out every limitation and incumbrance; the former would not satisfy the requisitions of the statute, and the latter will probably be found the most economical in the end; one of the objects for which the Chancellor and Master of the Rolls are empowered to make General Orders being in order that the proceedings "may be done," (the language is that of the statute, not ours,) "with the least cost." These Orders are to be laid before the Houses of Parliament within a specified period, but from the time of their being made are for all purposes to be deemed a General Rule and Order of the Court; by this means their operation will not be suspended until the next Session, nor does there appear to be any necessity for laying them before Parliament at all, the only reason for doing so would be, that they would thus become incorporated with the Act, and incapable of variation, which would be a disadvantage, and not designed in this case, as by the next section there is a power given to rescind, or alter them. Great additional labour will be thrown ou