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such stay of proceedings the person or persons who shall 12. Receiver, with consent of treasury, may appoint a have so commenced or prosecuted such action, or his or person to act for him, and draw on the bank of their executors or administrators, and also any person or Ireland, in case of his illness or absence. persons who shall have sustained any such damages by 13. Orders drawn by justices for payment of special con. means of any robbery, and for which he might now have any stables under provisions of 28 3 W.4, c. 108, valid. remedy under the said recited acts, and who shall not have 14. 6 807 W. 4, c. 13, 8c., and this act, construed as commenced any action or proceeding therefor, before the passing of this act, his, her, or their executors and admi 15. Schedules to be part of the act. nistrators, (in either of such cases,) may proceed to recover 16. Act may be amended, &c. such damages, and in the case of an action being commenced, the taxed costs as aforesaid, and may recover the same by

Whereas it is expedient to alter and amend several propresentment of the grand jury, in the same manner as in

visions of the acts relating to the constabulary force in the immediately preceding provisions respectively directed: Ireland :' be it enacted, that the Lord Lieutenant or other provided, that such person or persons need not serve or post chief governor or governors of Ireland may appoint such as any notice of his, her, or their intention to apply for com- nual salary as may seem proper to be paid to each constable pensation for any such damages upon any person or persons, appointed or to be appointed under any of the acts now in save that he, she, or they shall lodge with the secretary of force relating to the constabulary force in Ireland, the the respective grand jury, as applications for public works exceeding thirty-eight pounds for each mounted constable

, are lodged, an application setting forth the damages sus and thirty-six pounds for each dismounted constable tained, and the amount thereof, and in the case of any ac. and to direct that such annual salary shall commence on and tion commenced, the taxed costs as aforesaid, and setting from the first day of April in this present year. forth the time and place when and where such robbery was

2. “And whereas under the 2 & 3 Vict, c. 75, several committed, and the particular property robbed, which appli- of the constables of the said force are at present in the cation shall be scheduled by the secretary of the grand jury, receipt of a salary of forty pounds per annum :' be it and be dealt with as other applications for compensation for enacted, that each of such constables shall continue to redamages in other cases: provided, that such damages shall ceive the said salary until the Lord Lieutenant shall other. be levied off the barony, county of a city, or county of a wise direct, and that the Lord Lieutenant may direet te town, in which such robbery shall have been committed.

said salary of forty pounds to be paid to any otber consta 5. And be it enacted, that this act shall extend only to bles: provided always, that the number of constables re. Ireland.

ceiving such salary shall not at any one time exceed fifteen. 6. And be it enacted, that this act may be amended or

3. And whereas by 9 & 10 Vict. c. 97, it was pro repealed by any act to be passed in this present session of vided that the whole cost of the constabulary force, save parliament.

* as therein mentioned, should be paid out of the consolidated

fund: and whereas it is expedient to determine the nonCAP. LXX.

*ber of officers and men whose pay and expenses may, u. An Act for dispensing with the evidence of the proclamations der the said act, be charged upon the said consolidated

on fines levied in the Court of Common Pleas at West. 'fund for each county, county of a city, or county of a minster.

[31st August, 1848.] town in Ireland :' be it enacted, that the number of olin CAP. LXXI.

cers and men chargeable to the said consolidated fand shall An Act to continue to the 20th day of July 1853, and to be such as the

Lord Lieutenant or other chief governor or the end of the then next session of parliament, 'Her Ma- governors of Ireland may consider to be required

, but shall jesty's commission for building new churches.

not exceed in any year, after 31st March, 1848. [31st August, 1848.] to be charged upon each county, or any part or distriet

4. . And whereas it is expedient to determine the sam CAP. LXXII.

'thereof, or any county of a city or county of a town in An Act to amend the acts relating to the constabulary force · Ireland, where, by the laws now in force, one moiety of

in Ireland, and to amend the provisions for the payment. the expenses of any constabulary force is chargeable thereof special constables.

[31st August, 1848.] upon, and also the sum to be charged upon any borough

for which a constabulary force shall be appointed, in pur. Sec. 1. Power to Lord Lieutenant, 8c. to fix salaries of suance of an act of the 3 & 4 Vict. c. 108,' that after the constables.

31st March, 1848, such cases there shall be chargeable to 2. Salary of a limited number of constables under 2 $ each such county, county of a city, county of a town, or 3 Vict. c. 75, continued.

borough, per annum, for each sub-inspector one moiety of 2. Number of constabulary chargeable on consolidated the sum of one hundred and sixty pounds, for eacti head

fund to be fixed by Lord Lieutenant, &c. constable one moiety of the sum of seventy pounds, and for 4. Řate of charge on counties and boroughs for consta- each constable or sub-constable one moiety of the sum of

bulary force appointed on application of town coun- thirty-five pounds two shillings and sixpence, and so for cil of a borough.

every fractional part of a year. 5. Proportion of sub-inspectors and head constables to

5. That where an additional constabulary force shall have additional force appointed on certificate of magis- been certified by the magistrates of any county, as now by trates, or application from town council of a bo- law provided to be necessary for the due execution of the rough.

law within such county, and shall be appointed in conformity 6. If constabulary shall be ordered under the authority with such certificate, and also where an additional consta

. of 68 7 W. 4, c. 13, to repair to any other place, bulary force shall be appointed for any borough under the ģc., and absence exceeds five days, the expense provisions of the 3 & 4 Vict. c. 108, the Lord Lieutenant

, to be charged thereto, and paid by presentment. 7. Where constabulary shall be required under 8 & 9 sub-constables, and one head constable for every twenty-fre

to appoint one sub-inspector for every fifty constables and Vict. c. 46, to keep the peace near railway works, constables and sub-constables, so appointed; and the expense

company, 8c. requiring the same to pay the expense of such sub-inspectors and head constables shall be charge 8. Form of certificate to be laid before grand juries. 9. Constabulary to act in adjacent counties.

able upon such county or borough, and be repaid by grand 10. Assistant inspector general

, or a county inspector manner as the expense of the constables and sub-constables

jury presentment, or from the borough fund, in the same or sub-inspector appointed president by the inspec- who may have been so appointed. tor general or deputy, may inquire and examine on oath into the truth, fc. of charges against con-general is authorized, subject to the direction and control

6. ' And whereas by 6 & 7 W. 4, c. 18, the inspector stabulary. 11. Oath on appointment may be taken before one magis number of the constabulary force of any country, cooling

of the Lord Lieutenant, to direct that the whole or any trate only.

of a city, county of a town, or town and liberties, shall

go and repair to any place or places in any other county all witnesses summoned by the inspector general or deputy or counties, or in any county of a city, or county of a inspector general, or person or persons nominated at any town, or town and liberties : and whereas in the said act . time by the Lord Lieutenant, shall, during their attend. of the 9 & 10 Vict., the case of a portion of the force of "ance at such inquiry, and in going to and returning from one county temporarily sent by the inspector general into the same, be privileged from arrest; and that all persons another county was not provided for : be it enacted, that so summoned who shall refuse to be sworn, or, being whenever any officer or officers, head or other constable or sworn, shall refuse to give evidence or to answer all such constables, or sub-constable or constables, shall be ordered questions as may be legally demanded of them, shall forby the inspector general, to go and repair to any place or feit and incur such penalty, not exceeding five pounds, as places in any county, county of a city, or county of a town, the said inspector general or deputy inspector general, or other than that to which he or they may belong, and shall persons holding such inquiry, shall direct, and in default be absent from his or their proper county or place more than of payment thereof shall and may be imprisoned for such five days, the county, county of a city, or county of a town 'period, not exceeding one month, as such inspector general to which he or they shall be so removed shall, in case the or deputy inspector general, or person or persons holding Lord Lieutenant shall so direct, be charged, at and after such inquiry, may direct and adjudge ;' be it enacted, that the rates herein-before specified, with a moiety of the ex. from and after the passing of this act the assistant inpense of each such officer, head constable, or sub-constable spectors general (without any special appointment), or for during the period of his or their remaining in such county, any county inspector or sub-inspector who shall be appointcounty of a city, or county of a town; and the amount of ed by the inspector general (or in his absence by one of such moiety shall be repaid by grand jury presentment, in his deputies) may be president of any court of inquiry into like manner as any sums payable in respect of the consta- the truth of any charges or complaints preferred against any bulary force.

member of the said constabulary force of any neglect or 7. And whereas by an act of the 8 & 9 Vict. c. 46, violation of duty in his office, to examine on oath into the provision is made for the appointment and payment of ad- truth of such charges or complaints, and to summon any ditional head and other constables for keeping the peace witness or witnesses on such inquiry, and to act in all in the neighbourhood of railway works or other public respects in relation thereto as effectually as can be done works in Ireland:' be it enacted, that whenever such ad. under the said recited acts, by the inspector general or a ditional head or other constables shall have been or shall be deputy inspector general, or by any person nominated for employed for the purposes and under the provisions of the the purpose of holding such inquiry, by the Lord Lieutenant; said last-recited act, the company or other parties carrying and the witnesses suinmoned to attend such inquiry shali on such railway or other public works shall be chargeable have the name privilege from arrest, and shall be subject to for the expense of such head and other constables, but the same penalties for false swearing, and for refusing to according to the proportion of head and other constables be sworn, or (being sworn) to give evidence, or to answer herein-before provided, and also according to the scale of all such questions as may be legally demanded of them, as charge herein before provided for head and other constables, are provided in the said acts: provided, that if any fine or save that such company or parties shall be chargeable for imprisonment shall be imposed by the president of any such the whole and not for the moiety only of such respective court, or person or persons holding such inquiry, upon any rates of charge.

person summoned to attend thereat, he or they shall forth8. And whereas by the 3 & 4 W. 4, c. 13, the Inspector with specially report the same to the Lord Lieutenant or "General is required to make out a certificate of the monies other chief governor or governors of Ireland. chargeable under the said act on each county, county of a 11. And whereas by the said act of the 6 & 7 W. 4, C. * city, county of a town, or any part of a county, specify13, a certain oath is required to be taken by all persons ap*ing the force or service in respect whereof such charge pointed under the said act, and to be administered by any

may have been incurred, and transmit the same, when 'two magistrates:' be it enacted, that after the passing of this * approved and certified by the chief or under secretary of act the said oath may be taken before and administered by

the Lord Lieutenant, to the secretary of the grand jury one magistrate. for such county, county of a city, and county of a town, 12. • And whereas by the said act of the 6 & 7 W. 4, one week before each assizes and presenting term, who the Bank of Ireland is authorised to pay the drafts of the "shall lay the same before the grand jury: and whereas receiver only, countersigned by the inspector general or

doubts have arisen in some cases with respect to the suf- one of his deputies for constabulary services : and whereas 'ficiency of certificates which have been laid before grand the receiver may,from illness or absence on leave, be unable juries in pursuance of the said enactment, and it is expe- to draw such drafts :' be it enacted, that the said receiver dient to provide a form of certificate which shall be suf- shall submit for the approval of the commissioners of Her 'ficient in all cases :" be it enacted, that the certificate to Majesty's treasury the name of a person to act for the said be transmitted by said inspector general, or by his deputies, receiver during his illness or in his absence; and when the to the secretary of the grand jury of any county, county of commissioners of Her Majesty's treasury shall signify to a city, or county of a town, before any assises or presenting him their approval of such person, the said commissioners term, shall be made in the form contained in the schedule shall notify the same to the inspector general and to the (B.) to this act annexed, or to the like effect, and shall not secretary of the Bank of Ireland, whereupon the governor be required to state any further or other particulars than and company of the Bank of Ireland may pay the drafts of such as appear in the said form; and in case of there being the person so named and approved, to draw on the account no inspector general, or in case of his absence, any such of public monies for the said constabulary force; provided certificate may be signed by one of the deputy inspectors that the drafts of such person shall be countersigned by the general, and shall be of like validity.

inspector general, or by one of his deputies, and shall express 9. That from and after the passing of this act the officers whether they are drawn during the illness or absence of and men of the constabulary force shall have the same rights, said receiver; and the said receiver and his sureties shall powers, and authorities in and for each of the counties, be, and they are hereby declared responsible for the act or counties of cities, and counties of towns immediately adja- acts of such person so authorised by such receiver to act in cent to that to which they may have been appointed, as if his behalf as aforesaid. they had been appointed for such counties, counties of cities 13. “And whereas by an act of the 2 & 3 W. 4, c. 108, or counties of towns respectively.

. it was provided that in case any tumult, riot, or affray is 10. 'And whereas by the 6 & 7 W. 4, c. 13, it is enacted apprehended, any two or more justices of the peace may that the inspector general or deputy inspector general, or appoint special constables : and whereas by the same act any other person or persons to be nominated for the pur. power is given to the justices, as therein mentioned, to 'pose by the Lord Lieutenant, to examine on oath into the issue orders on the treasurer of the county, county of the 'truth of any charges or complaints preferred against any city, or county of the town in which such special constables * person, of any

neglect or violation of duty in his office : shall have served, directing such treasurer to pay to the ' and whereas by the 2 & 3 Viot. c. 75, it is enacted, that said special constables such allowance for their trouble,

this Cause, bearing date the sixth

brances affecting the Houses, Tete.


loss of time and other expenses as they may deem fit :

CHANCERY. and whereas doubts have arisen in some cases as to the

JAMES MERYRICK, and • legality of such orders on the treasurer, in consequence of MARY ANNE, his Wife, their having been made payable to the clerks of the re


in * spective petty sessions :' be it enacted, that any such


day of November, 1848, I hereby teqeite and Others,

all persons having Charges and Incun

Defendants. orders drawn in the manner last mentioned, or to the like

ments, and Premises in Upper Dorset Street, belonging to the Defendante, effect, shall be as good and valid as any such orders drawn as in the said act provided; and that the grand jury of any

Row, all in the City of Dublin, in the pleadings in this cause menticed,

to come in before me and prove their respective demands, on or before the county, county of a city, or county of a town in Ireland 2nd day of April next, otherwise they will be precluded from the may present, without previous application to presentment of said Decree. sessions, to be raised off such county, county of a city, or

Dated this 6th day of February, 1849. county of a town, or any barony, half barony, townland, John J. Tweedy, Plaintiffs' Solicitor, or other division or denomination of land, within which any

58, Rutland Square, West. such special constables may have served, the full amount of all sums paid by any such treasurer, whether such order or orders shall have been made in favour of each individual

NEW LAW BOOKS. special constable, or in favour of the clerk of the petty A TREATISE ON THE LAW OF PROPERTY, 2 sessions of the district in which such special constables administered by the HOUSE OF LORDS. By Sir E. B. SUGDES, may have acted, and whether such orders shall have been 1 vol, royal 8vo. £l'lls.

6d, boards. made either before or after the passing of this act; and in THE LAW OF HUSBAND AND WIFE. A Treatise case of such orders made in favour of the clerk of the petty sessions, such clerk shall duly pay over to such constables By J. E. WRIGHT, Esq. of the Inner Temple, Barrister-at-Laws she felt

upon Roper's Treatise, and comprising Jacobs Notes and Additions berete any monies received by him by virtue of such orders, and royal 8vo. £2 10s. boards, forward to the treasurer a receipt from each constable for the amount paid to him, and a certificate from the magis. A THREATESE PON THE LAW OF LEGACIES. BE trates at petty sessions that such sums have been so paid Grays.inn; and by H.H WHITE, Esq., Lawn of the by their order.

dle Temple. Fourth Edition, 2 vols, royal 8vo. £3 3s, boards. 14. That the said recited act

of the sixth year of the ROSCOE'S LAW OF NISI PRIUS EVIDENCE. A reign of His late Majesty King William the fourth, and the several acts in force amending the same, and this act, shall By H. ROSCOE, Esq., of the Inner Temple, Barrister-at-Law. Seperties

Edition, with considerable additions, by E. SMIRKE, Esg. be construed as one act.

Law. 1 vol. royal 12mo. 2ks. 16. That the schedules to this act annexed shall be deemed part of this act.


administered in England and Ireland, with Illustrations from the 16. That this act may be amended or repealed by any American and other

Foreign Laws. By JOHN PITI TAYLOR, LA, act to be passed in this session.

of the Middle Temple, Barrister-at.Law. 2 vols, royal 890. £2104. SCHEDULE (B.)


Branches of the Law, with Notes. By JOHN WILLIAM SMITH, Esg.. of the Inner Temple, Barrister-at-Law. Third Edition Ry H. &


Barristers at.Law, 2 vols.royal 8vo. £2 125.6d. CERTIFICATE of the EXPENSE of CONSTABULRY PORCES UESTIONS FOR LAW STUDENTS on the Second to be presented by the Grand Jury of the county of Edition of Mr. Serjeant Stephen's New Commentaries on the Laws and to be levied on the districts mentioned I vol.

8vo. cloth boards, price 10s. 6d.

of England. By JAMES STEPHEN, Esq. of the Middle Temple, Bar. therein for the half-year commencing and ending EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, College

Amount. Moiety.

Green, Dublin, Expense of apprehension and conveyance of prisoners, and to be

LEGAL AND HISTORICAL DEBATING SOCIETY. presented on the county at large,

A Meeting of the Members of this Society will be held in their Roceni,

No. 45, MOLES WORTH STREET, on FRIDAY EVENING, the h Ditto of a force which is ex.

April' Chair to be taken at Eight o'clock precisely. tra of the establishment, and

Barristers, Law Students, and Graduates of the Universities of Dubia, to be presented on the county

Oxford, and Cambridge, are eligible for admission. at large,

Members who have changed their residences, or who have friends ta Ditto ditto ditto and to

propose, are requested to communicate with the Secretary.

JAMES F. WRIGHT, Esq. 11, Lower Ormond Quy, be presented on the barony of-

Ditto ditto ditto and to be presented on the half-barony

JAMES O'DRIS COLL, of, Ditto ditto ditto and to

PROFESSED TROWSERS MAKER, be presented on the townland


All communications for the IRISH JURIST are to be left, addressed We do hereby certify, that the above demands, amount

to the Editor, with the Pablisher, E. J. MILLIKEN, 15, COLLEOE ing to are correct, and justly chargeable to, and to GREEN. Correspondents will please give the Name and Adores, as the

columns of the paper cannot be occupied with answers to Anonymous be levied on the districts above mentioned.

Communications-nor will the Editor be accountable for the return of A.B., Inspector general (or deputy Manuscripts, &c.

inspector general] of constabulary. C.D., receiver of constabulary.

Orders for the IRISH JURIST left with E. J. MILLIKEN, IS, COL

LEGE GREEN, or by letter (post paid), will ensure ita punctual delivery Approved and certified, E.F., chief (or under] secretary. in Dublin, or its being forwarded to the Country, by Post, on the day of

publication, CAP. LXXIII.

TERMS OF SUBSCRIPTION-(payable in advance): An Act to continue until the 31st of July, 1849, and to Yearly, 30s. Half-yearly, 178.

Quarterly, 98 the end of the then session of parliament, certain acts for regulating turnpike roads in Ireland.

Printed by THOMAS ISAAC WHITE, at his Printing Office, Na 5, [31st August, 1848.] FLEET.STREET, in the Parish of St. Andrew, and published stos (To be continued.)

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all being in the County of the City of Dublin. Saturday, March 17, 1849.

Irish Jurist


No. 21.-VOL. I.
MARCH 24, 1849.

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Law and Equity in Ireland, are as follows:
Court of Chancery, in-

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DUBLIN, MARCH 24, 1849.

insisted on as a reason why a larger price should be given; each proprietor would hold back, in the hope that he alone might be able to retain his pro

perty, which he might expect would be raised into Whilst the advocates of the antagonising schemes prosperity again, by the attraction, as it were, of for the relief of the Irish poor are urging arguments the

surrounding country. in favour of individualizing responsibility, on the But how to discriminate between those properone hand, or charging the support of the paupers ties which should thus be taken on equitable terms, of the South and West of Ireland on the industrious and those which should not? This is a question inhabitants of the North and East, on the other, which, though difficult, yet, we think, admits of from the fertile brain of Sir Robert Peel has sprung solution on the following principles :a proposition, which, from its vastness of concep The rate for the support of the poor is, under the tion, its tendency to roll back the flood of pauperism' present law, the first charge on property ; its first which threatens to overwhelm the whole island, and duty is to supply means of existence to the popularaise its blighted provinces to a prosperity which ; tion existing on its surface. In the Ballina union, they never before enjoyed, is worthy of the sagacity instanced by Sir Robert Peel as a type of the Conand the renown of this statesman.

naught Unions, according to the Report of Capt. He proposes that Government, through the Hamilton, 12s. 6d. in the £1, on the nominal value agency of a Commission, should get possession of of the Union, would not be sufficient for the the properties of the ruined landlords in the pau. support of the poor for the year ending the 29th of perized districts, on equitable terms, and arrange September next, Lord John Russell, in his propofor their re distribution, thus introducing new blood sition, assigns 7s. 6d. in the £l as a maximum, into Ireland, new enterprise, and a new division of which the rate should not exceed, insisting, howproperty—a proposition by which every one inte- ever, that to this extent, property shall contribute rested would be advantaged,—the pauper, who to the support of its poverty. Would it be unreawould be employed and fed--the purchaser, who sonable, then, to demand that properties which would be enabled to lay out his capital to advan- could not discharge this, their first liability, and tage—the country, which would be relieved from the that could not fulfil this their first duty to society, imposition of a rate in aid-and even the proprietor even to the limited extent of 7s. 6d. in the £l, if himself, who would thus have an opportunity of that sum were fixed on as a limit, should pass at disposing of an estate which is unprofitable, and once into other hands ? If a proprietor have not perhaps an incumbrance to him, on better terms the means of paying 7s. 64. in the £l, towards the than he could otherwise have hoped for.

relief of the poor, it is clear he cannot have the To carry out this plan, the contemplated Com- means of cultivating his property and rendering it missioners must be armed with powers, not only to profitable to himself, or the means of support to get possession of these properties on equitable his tenantry; and if it be intended to insist on the terms, but to take it. Public money is generally payment of 7s. 6d. in the £1, is it not better to test considered in Ireland as fair game, and proprietors, the solvency of the party at once? Is there any dealing with the Government as a purchaser, would reason to suppose that he will be better able to insist on extravagant terms; the very amount of pay at the end, than at the beginning of the year, pauperism and misery on their estates, crying especially if he have not the means to cultivate bis luadly for relief or employment, would probably be property in the meantime? Is it just towards

those provinces which are called upon to contribute the public advantage to take possession of, might to the support of pauperism in the distressed Unions, be estimated. to allow fertile tracts of land to continue in the Where land is required as a site for a jail or a hands of parties, who not only cannot cultivate poor-house, or for the construction of a railway them, but who cannot pay even this limited amount the legislature have provided means, not only for of poor rate? For these reasons, we think that getting possession of the land required, and for the payment of 7s. 6d. in the £1, or whatever other fixing the price to be paid, but have also provided, rate may be fixed upon as a maximum, should be that in the transaction no interest shall be prejuadopted as a criterion of the capability of a party diced. Is the necessity less in the present instance

, to hold land, and that on his failing to make this or the urgency less pressing? And if it is just, oz payment, the Government Commissioners should public grounds, to take possession of land for such be empowered to enter into possession on equitable purposes, on equitable terms, how could it be conterms. In districts where properties are waste, sidered unjust to follow the same course, when the and proprietors are beggars, poor-rate can only be very being of the country depends on it? If it has levied by the sale of the estates themselves, and the not been found impossible to protect vested and more rapidly this crisis is hurried on, the more ad- contingent interests in the one case, why should it vantageous it will be for the owners, the occupiers, not be possible to do so likewise in the other? It and for the country generally.

should not be forgotten, either, that in the one case The owners of 'estates in the distressed districts a man may be forced to part with a portion of his will consider this plan confiscation, and a flagrant house, his garden, or his demesne, on fair terms

, violation of the rights of property. However, if no matter how inconvenient or annoying it might be Captain Hamilton's Report be correct

, they have to him ; whilst in the latter case he could select very little to lose; and even if their sole source of what portion of his estate he would retain, and hope, the potato, again succeeded, the country what portion he would part with, keeping those would not be placed in a much better condition. portions which are convenient and profitable

, and Captain Hamilton says_“I very much doubt parting with those which might be distant and eswhether the present real value of the Union, if pensive, or difficult to manage. exclusively devoted to the support of the poor, It may be objected, what will become of mortwould prove sufficient for the next few years." And gages and other incumbrances ? Are they to be again—" Whether the future success of the potato entirely overlooked in the arrangement ? and how crop would enable or induce the landlords to pay is the Government to raise funds to make these fair wages for fair work, is, I think, very doubtful. purchases which would possibly embrace a great It appears to me more likely, the tendency would part of the provinces of Connaught and Munster? be rather to return to the old state of affairs, not As to the extent to which the charges on prowithstanding the bitter experience of the last three perty would be restored to creditors, the proposiyears."

tion of Sir Robert Peel, we apprehend, would However, we do not think that when Sir Robert make no alteration. If property is permanently Peel spoke of equitable terms, he meant to give charged with 78. 60. in the £l for poor-rate, it proprietors no remuneration for their estates, be- would bring in the market but five-eighths of the cause they are at present, and under the present price it would bring if not so charged ; and if this system, of no value. Lord John Russell has pro- purchase-money were invested in the public funds, posed 7s. 6d. in the £l, as the maximum to which where it would remain liable to these charges in the property should be taxed for poor-rate. If property same way that the property itself was, we are of remains in the hands of the present proprietors, there opinion that the position of the incumbrancer would is every reason to conclude that this 7s. 6d. in the be improved—he would obtain the value of an £I would become a permanent tax on the distressed estate, calculated on principles most favourable to Unions ; so that if the proposal of the Premier the owner, as a security, in exchange for the estate becomes law, it will diminish the value of property itself, which, if not purchased in this way, would in these Unions by 7s. 6d. in the £1. If, then, it soon be altogether valueless. is considered reasonable to tax property to this As to raising the necessary funds, it must be reamount, and if 20 years' purchase on its valuation membered that the Government would not be be considered its gross value, would it be unrea- called upon to pay the principal of the purchase. sonable to fix on 12) years' purchase as an equit- money, at least in the first instance. They would able price for the fee-thus giving the proprietor only have to guarantee the payment of its interest. the full value of his estate, deducting merely the This might be provided for at first by an incoine

, value of the poor-rate, supposed permanent? Of or any other tax, and would be paid eventually out course, a further deduction should be made, in pro- of the properties purchased themselves, which, as portion to the quit rent, county rates, and rent they were re-disposed of by the Commissioners

, charge to which the estate might be liable. We would gradually liquidate the whole debt. The think that proprietors disposing of their properties, Government would, in fact, take the properties, as in their present condition, on terms such as these, it were, at a rent, which they would guarantee the could hardly complain of confiscation.

payment of-the property itself remaining the se. But should terms calculated on such principles curity for the principal of the purchase-money, and as these not be considered equitable, there are pre-which would be ultimately discharged by the re-sale cedents sufficient in the legal machinery at present of the estates. in existence in the country, on whose model the The great advantage of the proposition is that value of the property which it might be deemed for lit would prevent the enormous sums which must be

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