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Irish Jurist

PRICE

No. 20.-Vol. I.
MARCH 17, 1849.

*Per Annum, £1 10s.

{Single Number, 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 Changery, in-

ROBERT LONG, Esq.,
and

Court of Exchequer (John BLACKHAM, Esq., and cluding Bankruptcy

Chamber......
Jons Pitt KENNEDY, Esq., Bar-

A. HICKEY, Esq., Barristers-at.

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

Queen's Bench, includ- FLORENCE MCARTHY, Esq., and WILLIAM BURKE, Esq., and ing Civil Bill and Re- SAMUEL V. Peet, Esq., Rolls Court............... WILLIAM John DUNDAS, Esq., gistry Appeals......... Barristers-at-Law. Barristers-at-Law.

Exchequer of Pleas, in- Cras. H. HEMPHILL, Esq., and
CHARLES HARE HEMPHILL, Esq. cluding Manor Court WILLIAM HICKSON, Esq., Bar-
Equity Exchequer..
and

and Registry Appeals. risters-at-Law.
WILLIAM HICKSON, Esq., Bar-
risters-at Law.

Common Pleas....

| ROBERT GRIFFIN, Esq., Barris,

ter-at-Law.

DUBLIN, MARCH 17, 1849.

cases, that the intermediate ownership of the crown would be productive of much good, cannot be questioned. No dwarf remedy can abate an evil

so gigantic. The proposition of Sir Robert Peel for a resettling A great proportion of the lands in the distressed of the province of Connaught-on the plan of the districts of Ireland requires the hand of the improver Plantation of Ulster-has taken the public some to render them fit for profitable cultivation, and what by surprise. But, although the magnitude many of our prudent resident landlords have long of the measure is at first sight rather astounding, acted on this principle in the management of their yet it is very far from being an.impracticable one, own estates. When they find a tenant pauperised, or one, the result of which would not redound his land exhausted, and incapable of paying either incalculably to the national advantage.

rent or rates, they take the farm into their own The two great facts on which are based the hands, and improve its condition, and, when it is argument for the necessity of some such bold and said to be brought “ into heart," hand it over to a comprehensive policy are; Firstly, that before any better cultivator, with means and will to make it practicable good can be effected in the suffering productive for his own benefit and that of his districts of Ireland a change of proprietors must landlord. And, on a large scale, this is just the take place; And secondly, that in order to prepare office proposed to the government commissioner by for, and effectuate such a change, a legislative Sir Robert Peel's plan. interference will be necessary.

Now, the land, and the people of Ireland, are The recent attempt to effect a transfer of pro- out of heart." To restore the one, and revive perty on a large scale, through the medium of the other, we hope soon to hear of the introduction private interference, has proved a failure. This of a bill to carry into effect this plan, or was the design of the Irish Incumbered Estates some modification of it. The present is not the Act

, which, for many reasons heretofore adverted time for entering into the detail of the question, or to by us, has signally failed, and, unless much the manner of working it out, but, as a matter altered, will never be the means of any large amount more peculiarly within our own province, we would of property changing hands. As a palliative for point to the large amount of rental of Ireland existing evils in this country it is totally useless, under the management of the Court of Chancery, and simply, because those estates most requiring a as a vast field upon which the government comchange of proprietors are just those least likely to missioner might at once commence his operations, find purchasers.

with great ease to the executive, and great advan. We have already demonstrated that none but tage to all interested. the owners of incumbered estates will avail them The estates under the control of the court offer selves of this act, and few of that class will be many facilities for the purpose; and, in the most inclined to do so. Their energies are prostrate- distressed of the western counties, viz., Galway, their means a blank, and, above all, they have Mayo, Sligo, and Roscommon, we find by the nothing to expect for themselves by forcing into a Chancery return of last session that the number of depreciated market their ill-cultivated, and over- properties under the Courts of Chancery and Equity peopled estates. And, when lands lie waste, and Exchequer are 153, representing a rental of about hands are idle, and no limit to the liability to poor- £120,000 per annum. rate, who would become a purchaser? In such The greater number of these properties are

destined to be sold for payment of debts. The of Chancery; and that while the hard-working amount of incumbrances, and the rights of parties, active, honest resident proprietor, struggles man are generally ascertained ; and, as the reported fully to support his poor, and cultivate his land, he creditors we may presume would have no objec-is bowed down and overwhelmed by the supervertion to accept of charges on the consolidated fund ing poverty of those neglected Chancery estates

. in lieu of their claims on the land, no impediment We believe that the heads and officers of our would stand in the way of the Commissioner Equity Courts are feelingly sensible of the ens of armed with a Chancery injunction--at once going the present system, and, as far as their powers extend

, into possession.

would gladly contribute their aid to the improve A very grave question here presents itself to our ment of estates under receivers, and the assist consideration, namely, how far the Court of Chan-ance of the poor upon them; but they have little cery, with its great power for good or for ill, might power, unless with the consent of all parties internot, at least to a certain extent, have fulfilled some ested. The Court is bound to protect the creditor

. of the duties to be allotted to the government He seeks the aid of the law, and demands “ penalty commissioner, by acting, through its officers, as and forfeit of his bond," and the administrators of the intervening mediator between the litigant cre- the law are coerced to guard his rights

, no matter ditor, the owner of the estate, and the occupiers at what sacrifice either to the debtor, or to the of the soil—and thereby have saved or avoided occupier, or to the interests of the community at much of the misery which the occupants of large. such estates, and the owners of them, are now The Court appoints its officer to take charge of suffering

the estate—and he is not inaptly named a receiver When the owner of an estate is deprived of the -in contradistinction to the agent of an estate

, superintendance and control of his own affairs, whose duties are not alone confined to the pounds

, when his tenantry and dependants, those habituated shillings, and pence of the rental; but, unfortato look up to him for counsel, assistance, and relief nately the duty of a Chancery receiver begins and in distress_are by the order of the court placed ends with the column of receipts, and the column under the dominion of a stranger--when old con- of arrears. He knows nothing in his dealings with nexions are broken up, and old feelings and asso- the tenantry of the principle of Give and Take ciations disarranged by the embarrassments and which smooths and facilitates the dealings of mandifficulties of the landlord, if it be an axiom- kind with each other. His cry must still be that of which none will now dispute—that property has its "the daughters of the horse-leech-Give

, Give!

" duties as well as its rights, at such a moment, and and, without means or power to improve the land, under such circumstances, it is peculiarly necessary or stimulate the industry of the people

, he must that the law which transfers the rights of the owner come to his reckoning, and account for his full to another, should at the same time well provide tale of rent, with all the terrors of disallowed that the recipients of that owner's duties should poundage, and personal liability for arrears, bang. suffer as little as possible by his misfortunes. We ing over his devoted head. fear we must look in vain for any instance under The responsibilities of the office will render it the court of the exercise of that fostering care of extremely difficult to procure gentlemen of property the land, or of the tenantry, so needful in such a or position to undertake the dangerous duties of a case, and we believe we may safely challenge the Chancery Receiver. whole extent of Ireland to produce one solitary The calamitous condition of our peasantry ceases instance of improvement in property effected, or to be a wonder, when such is the system under real benefit derived, by contact with the Court. which a surface of country, representing one mil

We have already, on more than one occasion, lion and a half of rental-equivalent to that of the pointed out the evils of, and bad effects resulting whole province of Connaught-is managed, and from, our present system of the management of on which the average expenditure for improvements property under our Equity courts; and, while that does not exceed five shillings per cent. per annum; system exists unaltered, we fearlessly assert that and when, by the return furnished to parliament no improvement can possibly take place on these last year, it appears that out of a rental of over estates, or, (we may almost say, on any estates in nine hundred thousand pounds per annum, not one the vicinity of them, for, in nine cases out of ten, shilling has been expended on improvements since from their neglected condition, they are hot-beds the appointment of the receivers. of pauperist, and fruitful nurseries for claimants We feel happy in the knowledge that the present of out-door relief ; inflicting burdens on, and session will not be allowed to pass, without the tainting the moral condition of the whole neigh- appointment of a committee to inquire into this bourhood.

most important subject ; and we are aware that a Sir Robert Peel dwelt much upon the miserable plan has been devised for the better management condition of the people of the Ballina union, and of estates under the Court of Chancery, by which, drew from the Report of Captain Hamilton many with perfect justice to creditor arguments to prove the necessity for a change of pier, the country at large will be materially proprietary in Ireland.

benefitted. That report is indeed instructive, and as suggestive of facts to us as to him; and what does it teach us ? that in this small district-admittedly one of A KNOWLEDGE of the legal rights and liabilities the most miserable in Ireland_there are no less arising from the relation of landlord and tenant than eighteen estates under receivers of the Court/ under instruments not under seal, is of much im

portance in this country, where parol demises are warranty of a chattel,—the court, in Williams ve 80 frequent.

Burrell, (14 Law Jour. N. S. 99, C.B. S. C. 1 C.B. We propose from time to time to consider those 402,) held to amount to an implied covenant. An questions on the subject on which the least infor- implied covenant, when it is once ascertained that mation is derivable from treatises on this branch such was within the intention of the parties, is thereof the law.

fore in the nature of an express one, and an action The first question we shall consider is, whether for the breach of it will lie against the executor of there is any warranty or covenant in law respecting the covenantor, which is not so in the case of a the lessor's title, arising from the mere relation of covenant in law which is that which arises from the landlord and tenant, there being no demise under word demise, (Williams v. Burrell,) and which is seal; and, if so, what is the extent of it.

that which we contend arises from the relation of It would appear plain from every principle of landlord and tenant existing under contracts not law and justice, that if one man contracts to give under seal. The expression “implied covenant," another a certain thing for a specified period, and is not therefore strictly applicable to such a case, fails to perform that contract, that the former in which the only liability that can exist is a should be answerable for the breach of it. As if covenant in law, arising from the contract of the A agree to give to B an interest in land for a cer- lessor that he has that which he promises to give, tain term, and B be evicted before its expiration, and that the lessee shall enjoy it quietly during decision in Slades case, C4 Coke, 94, 9,9 to the there. contracts to deliver goods to B. and fails present day, we know of no case where it has been to do so, an action will lie for the non-delivery. held that an action for damages would not lie for It has been also decided that if A. agrees to let the breach of such a contract, (Com. Dig. tit. land to B., and C. being in possession, refuses to Action, M. 3,) and in some instances an action on give up possession, that an action will lie by B. the case for the tort. See Boorman v. Brown, against A. for the non-performance of his contract. (11 Cl. & Fin. 1 S.C. 3 Q. B. 525.) In some recent Coe v. Clay, (5 Bing. 440). It would appear cases, Messent v. Reynolds, (3' C. B. 194; 15 unquestionable, but for the cases referred to, that L.Jou. N. S. C. B. 226; 10 Jur. 550); Jackson v. from every contract of letting or hiring, there Coffin, (8 M. & W. 790); Granger v. Collins, (6 results a necessary legal obligation on the part of M. & W. 458, S. C.; 9 Jou. N. S. Ex. 172), the lessor to put the lessee in possession of the this question came before the courts in West- thing let, and to give not merely the possession, minster, and the dicta of the learned judges in but to undertake that the lessee shall hold it for the these cases appear to have originated an opinion term contracted for. In Sutton v. Temple, (12 that no covenant in law whatever, for title or quiet M. & W. 52), Parke, B. says, “ The word demise enjoyment, arose from the mere relation of landlord merely annexes to it a condition that the party and tenant. These opinions, when considered, are demising has a good title to the premises, and that not, we think, decisions for the abstract proposi- the lease shall not be evicted,” and in Hart v. tions they are cited to maintain. They are, in our Windsor, (12 M. & W.68).—“It is clear that from judgment, unquestionably correct decisions with the word 'demise in a lease under seal, the law reference in each case to the subjectam materiam. implies a covenant; in a lease not under seal, a

Before we enter upon the discussion of this contract for title to the estate merely, that is, for question, there are two expressions of constant quiet enjoyment against the lessor, and all that reference, those of warranty and implied covenant, come in under him by title, and against others the definite meaning of which must be clearly claiming by title paramount during the term, and understood.

the word let, or any equivalent words which conWarranty in the strict legal sense is not appli- stitute a lease, have no doubt the same effect, but cable to leaseholds or chattels real, it being a not more.” In both these cases the question before covenant real attaching to the land, not to the the court was, what covenant in law, as to the fitperson ; the person whose land was bound by the ness of the premises for a particular purpose, warranty being obliged to make the recompense in arose from the mere contract of letting, a subject land, and not in damages, as would be the case in we shall hereafter refer to more fully, but the covenant. (Yelv.139,Co.Litt. 389, a.) It must there- opinion of the court was delivered after much delifore be taken in the popular sense, that the gran- beration, and on a subject in the consideration of tor has that which he purports to grant; as where which the present question must have necessarily A. agrees to let land for ten years, there is no been before it. The observations of the learned implied warranty that they are fit for a particular judge, which, under a different state of facts, would purpose, but merely that he is in condition to necessarily decide this question, cannot be regarded grant the land for the number of years agreed as mere ill-considered dicta thrown out during the upon.

course of a judgment on a different subject. In Next, as to what is an implied covenant ? An Hancock v. Caffyn (1 Moo. & Sc. 521). A. agreed implied covenant is to be drawn from the words of with the defendant for the purchase of a house the parties, not their acts. It is an implication of with the furniture, &c. The defendant having what the parties intended to express, but have not permitted the head rent to become in arrear, it was correctly expressed; as where a man said he would distrained for. A. having in the meanwhile become * warrant and defend the quiet enjoyment of the bankrupt, his assignees brought an action in case lessor during the term.” These words, not amount- against the lessor. Two objections were raised ing to an express covenant, as there can be no first, that the action should have been in assumpsi,

for the breach of contract; and secondly, that acts (“as was the case here).". The decision the there was no implied covenant to indemnify the court was called upon to make was merely this, lessee from the non-performance of the lessor's that the declaration did not state correctly the covenants with the head landlord. Both objections covenant in law which should be implied from the were overruled. This would appear to be an ex- relation of landlord and tenant; and though some press authority that a covenant in law for quiet members of the court gave utterance to observa enjoyment during the term, arises from a mere tions going that length, these dicta lose much of contract to let.

their effect, if not wholly overruled, by the decision We shall now proceed to consider the cases of the same court in the later cases of Hart v. relied on as warranting a different conclusion, and Windsor and Sutton v. Temple, and the case of in each it will be found that the covenant, for the Brown v. Crump (1 Marsh, 567), cited in the judg. breach of which the action was brought, was one ment, would appear to shew that the objection was either not within the meaning of the legal covenant, to the mode of statement of the covenant, and not which we contend arises, or else that the implied that no covenant existed, as in that case it was covenant, as stated in the declaration, was so admitted that there was an implied covenant on the large as to include covenants not within the scope part of the tenant to till in a proper and husbandlike of a covenant in law, and that the count was manner, but not in a particular manner, as was therefore bad on demurrer, as the court could not contended. say what was the nature of the covenant relied The result to be arrived at from the considera. upon as broken.

tion of these authorities appears to be, that as a In Upton v. Ferguson, (3 Moo. & Sc. 88), the general rule, when one person lets, or agreez 10 action, as in the last cited case, was brought to let land to another, there arises a covenant or cota recover damages for a distress for rent by the head tract in law, that he has the ability to grant that landlord. The plaintiff agreed to take the pre- which he proposes to give, and that he is liable for mises at a yearly rent, and to be liable for the rents the breach of that contract; and the cases referred to become due to the head landlord after a certain to as deciding the contrary, are so many exceptious day. The rent was reserved to the head landlord to this rule, arising from the peculiar facts of each quarterly ; and a quarter from the date agreed upon case. having become in arrear, a distress was made, for which the tenant brought this action. The court held, that the plaintiff having made himself liable

Court Papers. for the rents to become due to the head landlord after the commencement of his tenancy, he should have known how it was reserved, and that there

Equity Erchequer. was no implied covenant that the rent was reserved

GENERAL ORDER. yearly. This case, then, clearly is no authority against the position contended for. The case of

Saturday, 24th February, 1849. Messent v. Reynolds (3 C. B. 194, S. C. 10 Jur. It is this day ordered by the court as follows :550; 15 L. Jou. N. S. 226, C. B.) is of a somewhat

1. That no recognizance hereafter to be entered into by similar character ; the tenant agreed to take sub-ing to the general practice, or orders of the court, or by

or for any tenant, receiver, or other person, who, accordject to the terms of an agreement under which bis any special order, made in any cause or matter, may be immediate lessor held, the terms of which were not bound to enter into a recognizance, shall be deemed to be set out in the declaration, and the court held that completed within the meaning of such practice or orders, no covenant in law could be implied in the absence or special order, unless and until in addition to the due of any information as to the real terms of the enrolment thereof, the same shall be duly registered in the agreement under which the plaintiff actually held. ing to the provisions of the act of the seventh and eighth

office of registrar of judgments, in pursuance of and accord In Jackson v. Cobbin (8 M. & W. 790), the cove years of the reign of Her Majesty, intituled, " an act for nant sought to be implied, was, that the premises the protection of purchasers against judgments

, crown might be used for any purpose ; such a covenant, debts, lis pendens, and commissions of bankruptcy; and it is evident, could not be implied, and the court for providing an office for the registry of all judgments in gave no express opinion on the abstract question ; bankrupts, and the limitation of actions ;” and of an net

Ireland, and for amending the laws in Ireland respecting but the inference is in favour of the affirmative, as passed in the eleventh and twelfth years of the reign of Her the plaintiff had leave to amend, which would not Majesty, intituled, "an act to facilitate the transfer of have been granted if the court thought the action landed property in Ireland:" but the non-compliance with unsustainable. The last case we shall refer to is this order shall not affect the validity of such recognizance that of Grainger v. Collins (6 M. & W. 458; S. C. at law or in equity, otherwise than as the said acts, or 9 L. Jour. N. S. 172). The declaration stated, either of them, may in such case affect the same, as against that in consideration of the letting, the defendant

purchasers, mortgagees, or creditors.

2. That the chief or second remembrancer shall not perpromised the plaintiff that he should quietly enjoy fect any lease under a letting made to a tenant until, in during the term ; and that before its termination addition to the certificate of the enrolment of his recogni

. he was evicted by those entitled to the reversion. zance, a certificate of the said registrar of judgments, of The point stated for argument on the demurrer the lodgment and entry of the memorandum or minute of was, “that the declaration stated a larger promise to be left with him, endorsed on a duplicate of such memo

such recognizance required by the said first-mentioned act than the law inferred, that it would render the randum or minute, in pursuance of the said act of the defendant liable for a wrongful eviction of the eleventh and twelfth years of the reign of Her Majesty, plaintiff by those entitled to the reversion, or for shall be produced. an eviction in consequence of the plaintiff's own 3. That the production of a like certificate of the regis

trar of judgments shall be requisite, with the certificate of

(Continued from p. 144.) the enrolment of the recognizance, to entitle a receiver in a cause, or in the matter of a petition under the mortgage

2. That all damages heretofore sustained, or shall at act, or tithe rent-charge act, to enter the general order, any time after the passing of this act be sustained, by any that the tenants do pay their rents and arrears to him; and person or persons by means of any of such offences against that no receiver appointed in the matter of a petition under the said recited act, or by any violence committed contrary the judgment acts, shall serve the order on the tenants to to the same, shall be recovered by like applications and pay their rents to such receiver until, in addition to the proceedings, and by like presentments of the grand jury of certificate of the enrolment of his recognizance, a certificate the county, county of a city, or county of a town, in which of the said registrar of judgments of the lodgment and entry any such offence or violence shall have been committed, and of the memorandum or minute of such recognizance, required subject to like traverses, and to like provisions, and in like by said first-mentioned act to be left with him, endorsed on manner as by the 6 & 7 W. 4, c. 116, and 7 & 8 Vic., rea duplicate of such memorandum or minute, in pursuance spectively is or are provided in relation to the recovery of of said act of the eleventh and twelfth years of the reign of compensation for damages sustained by the mischievously or Her Majesty, shall be filed in the office of the secondary.

wantonly setting fire to, burning, or destroying any house,

outhouse, or other building, or any haggard, corn, hay, 4. That all receivers already appointed shall proceed with straw or turf, or the setting fire to, burning, or sinking out delay and before the first day of Easter term next ensu.

any boat or barge laden with corn or other provisions, or ing, to have the several recognizances heretofore entered the killing, maiming, houghing or injuring any horse, mule, into by them, or on their behalf, duly registered pursuant ass, or swine, or any horned cattle or sheep, or the dato the said acts, in the office of the said registrar of judg- maging, injuring, or destroying any bank, gate, lock, weir, ments, unless the same have been already registered, and sluice, bridge, dam, or other work belonging to any person, do produce the like certificate of the said registrar as afore- public canal, or navigation; and the provisions of the said said, in respect thereto, to the chief or second remembran

two acts shall be applied for the recovery of damages sus. cer, can the passing of their next accounts, who may therein tained by means of any of such offences against the said first allow the costs of such registry ; and the chief or second recited act ; provided that in the case of any of such offences remembrancer shall have power to disallow his poundage committed in the county of the city of Dublin, compensation on such account to any receiver not producing such certifi-for damages sustained by means thereof shall and may be cate, dated on or before the said first day of Easter term, recovered in like manner as by the 4 & 5 Vic. c. 10, is prounless some satisfactory reason shall be given to him for the vided in relation to the malicious burning of houses, barns, delay; and the chief or second remembrancer shall not pass haggards, corn, or other articles or effects. any such account without production of the certificate, and

3. That after the passing of this act any person or persons in their certificate of the allowance of the account, shall against whom any action shall have been commenced or state that the same was produced, and the date thereof. prosecuted before the passing of this act, for the recovery

of any damages sustained by means of any offence or violence 5. That to the next statement of facts to be laid before committed contrary to the said first-recited act, or the the chief or second remembrancer by any receiver or seques plaintiff or plaintiffs in such action, may apply to any judge trator, or to his next account, whichever shall be first of any of the superior courts at Dublin, for an order that lodged after the date hereof, there shall be annexed by way

such action shall be discontinued ; and every such court or of schedule, a specification of the several tenants by whom judge, upon such application, shall make such order as recognizances have been entered into, and the amount aforesaid, and shall order the costs of the plaintiff to be taxed thereof respectively; and the chief or second remembrancer as between party and party, and upon the making of such shall examine into the same, and shall be at liberty in all order such action shall be forthwith stayed or discontinued; eases when he shall think fit, to direct the receiver orose and thereupon, after such stay of proceedings, the person questrator, on his attorney to effect within a time to be or persons who shall have so commenced or prosecuted such fixed by the chief or second remembrancer, the due regis action, or his, her, or their executors or administrators, tration, under the said acts, of all or any of the said recog. may proceed to recover such damages, with the costs, in nizances which it may be proper to have so registered, and the same manner as in the immediately preceding provision to allow the costs thereof in the account of such receiver or

directed: provided, that such person or persons, or any sequestrator, and to suspend the passing of any account person or persons who has or have sustained any such damauntil such direction shall have been complied with.

ges before the passing of this act, need not serve or post

any notice of his, her, or their intention to apply for com6. That any party interested in any cause or matter, or

pensation for any such damages or costs upon any person the receiver or sequestrator appointed therein, may register or persons, save that he, she, or they shall lodge with the under the said acts, the recognizance of any deceased or

secretary of the grand jury, as applications for public works discharged receiver or sequestrator, or of any party, which

are lodged, an application, setting forth the loss or damages shall not have been vacated, and the chief or second remem

sustained, and the amount thereof, and of such costs so brancer may allow in his next account, to any such receiver taxed, and setting forth the time and place when and where or sequestrator, the costs of such registration, where he such injury was done, and the property injured; which shall think it was proper that the same should have been application shall be scheduled by the secretary of the grand effected.

jury, and be dealt with, as near as may be, as other appli

cations for compensation for damages in other cases. 7. That the fee of 168. 8d. shall be allowed to the attor 4. “And whereas by acts, 13 Edw, 1, 28 Edw. 3, and neys of the court for attending to register any judgment, 10 & 11 Car. 1, provision is made relating to the recovery decree, order, crown bond, lis pendens, or recognizance,

. of damages against the hundred or barony in respect of under the said acts, and for all duties relating thereto,

• robberies committed; and it expedient that so much of including the preparation and signing of the memorandum

'the said recited acts should be repealed, so far as relates and minute to be lodged with the registrar, and a duplicate

- to Ireland :' be it enacted, that after the passing of this thereof, but the chief or second remembrancer, in allowing act so much of the said last-recited acts as relates to any any costs under the fifth foregoing order for the registra- remedies against any hundred, or to the recovery of damation of the recognizances of tenants, may allow a lesser sum ges against any hundred or barony in Ireland, or the inhafor each in his discretion, having regard to the number bitants thereof, in respect of any robbery, shall be and the registered by the same attorney, in the same cause or mat

same is hereby repealed, save and except as to any action ter,

or proceeding heretofore commenced; and in the case of D. R. Pigot, C. B.

any such action or proceeding heretofore commenced, the RICHARD PENNEFATHER.

same shall and may be stayed and discontinued, in like JOHN RICHARDS.

manner and subject to like regulations as herein-before provided as to staying and discontinuing proceedings, and after

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