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63. If general committee allow the disqualification, a new

committee to be chosen.

64. In the new committee, members not before objected to may be included.

65. When committee chosen, notice to be sent to every member thereof.

66. If any member chosen proves a disqualification,

another committee to be chosen.

67. Select committee to be reported to the house.
68. Members of select committee to be sworn.
69. Members of committee not present within one hour
after four o'clock to be taken into custody by the
serjeant at arms.

70. If any such member is not present within three hours
after four o'clock, the proceedings to be adjourned.
71. If all the members do not attend after adjournment,
the committee to be discharged,

72. Petitions and lists to be referred to committee, and time and place of meeting appointed by the house. 73. Committee not to adjourn for more than twenty-four

hours without leave of the house.

74. Evidence to be confined to objections specified in the

lists.

75. No member of committee to absent himself. Committee not to sit until all be met. On failure of all meeting within one hour, to adjourn.

76. Absentees to be directed to attend the house.

77. Committee not to be dissolved by the death or absence of not more than two members.

78. Committee reduced to less than three by the non-attendance of its members to be dissolved unless by

consent.

79. When committee is deliberating, the room to be cleared.

80. Questions to be decided by a majority.

81. Names of members voting for or against any resolution
to be reported to the house.

82. Committees to be attended by a short hand writer.
83. Committee empowered to send for and examine per-
sons, papers, and records. Witnesses misbehaving
may be reported to the house, and committed to the
custody of the serjeant at arms.

84. How oaths to be administered.
85. Giving false evidence to be perjury.

86. Committee to decide, and to report their decision to
the house.

87. Committee may report their determination on other

matters to the house

88. Committees not dissolved by the prorogation of parliament.

89. Costs where petition reported frivolous or vexatious. 90. Costs where opposition reported frivolous or vexa

tious.

91. Costs where no party appears to oppose a petition. 92. Costs upon frivolous objections to voters.

93. Costs upon un founded allegations.

94. Costs, how to be ascertained.

95. Persons appointed to tax costs empowered to examine

on oath.

96. Recovery of costs when taxed.

108. Interpretation of act.
109. Act may be amended, &c.

Be it enacted, that 7 & 8 Vict. c. 103, shall be repealed, except as to any act or proceeding incident to any election petition under the said recited act, all which acts and proceedings shall have effect, and shall, save as herein-after provided, be continued and completed as if this act had not passed: provided, that this enactment shall not revive 9 G. 4, c. 22, nor so much of 42 G. 3, c. 106, and 47 G. 3, e. 14, as requires the parties appearing before any select com. mittee to interchange lists of the votes and names of voters to which either of the parties intends to object, and statements in writing respecting the matters which either of the said parties mean to insist upon, or as provides that no witness shall be examined to anything not specified in such lists or statements.

2. That every petition presented within the time from time to time limited by the house for receiving election

petitions, and complaining of an undue election or return of a member, or complaining that no return has been made according to the requisition of any writ, or complaining of the special matters contained in any such return, and which petition shall be subscribed by some person who voted or had a right to vote at the election to which the same relates, or by some person claiming to have had a right to be returned or elected thereat, or alleging himself to have been a candidate at the election, shall be deemed an election peti tion.

3. That before any petition shall be presented a recogni. zance shall be entered into by one, two, three, or four persons, as sureties for the person subscribing such petition, for the sum of £1000, in one sum, or in several sums of not less than £250 each, for the payment of all costs and expenses which shall become payable by the person subscribing the petition to any witness summoned in his behalf, or to the sitting member or other the party complained of in such petition, or to any party who may be admitted to defend such petition.

4. That every person who enters into any such recognizance shall testify upon oath in writing to be sworn at the time of entering into the said recognizance, and before the same person by whom his recognizance is taken, that he is seised or possessed of real or personal estate (or both,) above what will satisfy his debts, of the clear value of the sum for which he is bound by his said recognizance; and every such affidavit shall be annexed to the recognizance.

5. That in every such recognizance shall be mentioned the names and usual places of residence or business of the persons becoming sureties, with such other description of the sureties as may be sufficient to identify them easily; and such recognizance may be in the form or to the effect set forth in the schedule to this act, with such alteration as may be necessary for the circumstances of each case.

6. That any person by whom an election petition is signed may, instead of procuring a recognizance for the full amount of the sum herein-before required, pay into the bank of England, to the account of the speaker and examiner of recognizances, any amount of money, not being less than £250; and in such case the person by whom the petition is

97. Persons paying costs may recover a proportion from signed shall be required to find sureties for so much only of

other persons liable thereto.

98. Recognizances when to be estreated, &c.

99. Transmission of recognizances of parties in Ireland
or Scotland through the post.

100. Monies received under recognizances to be paid into
the bank, and applied in payment of costs.
101. Surety may pay money into the bank in discharge of
his recognizance.

102. Where money has been paid into the bank, the exami

ner of recognizances to order payment of expenses, and transfer the residue to the account of the party. 103. Returning officer may be sued for neglecting to return any person duly elected.

104. Commencement of act.

105. Provision for election petitions remaining at the close of the present session.

106. No stamps on recognizances or affidavits. 107. Short title.

the sum of £1000 as the sum paid into the bank falls short of that sum; and no money shall be deemed for the purposes of this act to be paid into the bank of England until a bank receipt or certificate for the same is procured, and delivered to the examiner of recognizances.

7. That no election petition shall be received unless at the time it be endorsed by a certificate under the hand of the examiner of recognizances, that the recognizance has been entered into and received by him, with the affidavit thereunto annexed, and if the recognizance have not been taken for the whole amount, that a bank receipt or certifi cate for so much money as the recognizance falls short of £1000 has been delivered to him, as herein-before required. 8. That the petitioner may, at any time, withdraw the same upon giving notice in writing under his hand, or under the hand of his agent, tothe Speaker, and also to the sitting member or his agent, and also to any party who may have been admitted to oppose the prayer of such petition, that it

is not intended to proceed with the petition; and in such case the petitioner shall be liable to the payment of such costs and expenses as have been incurred by the sitting member or other party complained of in such petition, and also by any party admitted to oppose the prayer of such petition, to be taxed as herein-after provided.

sion of the examiner of recognizances shall be final and conclusive.

16. That if any surety die, and his death be stated as a ground of objection before the end of the time allowed for objecting to recognizances, the petitioner may pay into the Bank of England, on the account of the speaker and the examiner of recognizances, the sum for which the deceased surety was bound: and upon the delivery of a bank receipt for such sum to the examiner of recognizances within three days after the day on which the statement of such objection was delivered to the examiner of recognizances, the recognizances shall be deemed unobjectionable, if no other ground of objection thereto be stated.

9. That the Speaker of the House of Commons shall appoint a fit person to be examiner of recognizances; and such person shall hold his office during the pleasure of the Speaker, and shall execute the duties of his office conformably to such directions as he may receive from the Speaker. 10. That in case of the illness, temporary disability, or unavoidable absence of the examiner of recognizances, the Speaker may appoint a fit person to perform the duties of 17. That if the examiner of recognizances have received examiner of recognizances during such illness, disability, any statement of objection to the recognizances, and have or absence; and throughout this act the expression "Ex-decided that such recognizances are objectionable, he shall aminer of Recognizances" shall be deemed to include and apply to the person so appointed.

forthwith report to the speaker that such recognizances are objectionable; but if he shall have decided that such recog11. That every recognizance required shall be entered nizances are unobjectionable, or if he have not received any into, and every affidavit shall be sworn, before the examiner such statement of objection, then, as soon as the time hereof recognizances or a justice of the peace, and the said ex-in before allowed for stating any such objection has elapsed aminer, and also every justice of the peace, is empowered or as soon as he has decided upon the statement of objection, to take the same; and every such recognizance and affidavit taken before a justice, being duly certified by such justice, shall be delivered to the examiner of recognizances.

12. That on or before the day when any such petition is presented to the house, the names and descriptions of the sureties, as set forth in the recognizance, shall be entered in a book to be kept by the examiner of recognizances in his office; and the said book, and also the recognizance and affidavits, and the bank receipt for any money paid into the bank of England, shall be open to the inspection of all parties.

13. That any member petitioned against, or any electors petitioning and admitted parties to defend the election or return, may object to any such recognizance that the same is invalid, or that the same was not duly entered into or received by the examiner of recognizances, with the affidavit annexed as herein-before required, or on the ground that the sureties or any of them are insufficient, or that a surety is dead, or that he cannot be found or ascertained from the want of a sufficient description in the recognizance, or that a person named in the recognizance has not duly acknowledged the same; provided that the ground of objection shall be stated in writing by objecting party or his agent, and shall be delivered to the examiner of recognizances within ten days, or not later than 12 o'clock of the eleventh day, if the surety objected to reside in England, or within fourteen days, or not later than 12 o'clock of the fifteenth day after the presentation of the petition if the surety objected to reside in Scotland or Ireland: provided that if either such eleventh or such fifteenth day happen to be a Sunday, Good Friday, or Christmas day, such notice of objection may be delivered to the examiner of recognizances not later than 12 o'clock of the following day.

14. That as soon as any such statement of objection is received by the examiner of recognizances, he shall put up an acknowledgement thereof in his office, and shall appoint a day for hearing such objections, not less than three, nor more than five days from the day on which he received such statement; and the petitioner and his agent shall be allowed to examine and take copies of every such objection.

15. That at the time appointed, the examiner of recognizances shall inquire into the alleged objections, on the grounds stated in the notice of objection; and for the purpose of such inquiry the examiner of recognizances may examine upon oath any persons tendered for examination, and may also receive in evidence any affidavit relating to the matter in dispute, sworn before him, or before any master of the High Court of Chancery, or justice of the peace, each of whom is hereby authorised to take and certify such affidavit; and the examiner of recognizances may adjourn the said inquiry from time to time, until he decide on the validity of such objection, and he may award costs to be paid by either party, which costs shall be taxed and recovered as herein-after provided for the costs and expenses of prosecuting or opposing election petitions; and the deci

the examiner of recognizances shall report to the speaker that the recognizances are unobjectionable; and every such report shall be final and conclusive; and he shall make out a list of all election petitions on which he has reported that the recognizances are unobjectionable, in which list the petitions shall be arranged in the order in which they are so reported upon; and a copy of such list shall be kept in the office of the examiner of recognizances, and shall be open to the inspection of all parties.

18. That if at any time before the appointment of a select committee to try any election petition, the Speaker of the House of Commons be informed, by a certificate in writing subscribed by two of the members of the said house, of the death of any sitting member whose election or return is complained of, or of the death of any member returned upon a double return whose election or return is complained of, or that a writ of summons has been issued under the Great Seal of Great Britain to summon any such member to parliament as a Peer of Great Britain, or if the House of Commons have resolved that the seat of any such member is by law vacant, or if the House be informed by a declaration in writing subscribed by any such member, and delivered to the Speaker within fourteen days after the day on which any such petition was presented, that it is not the intention of such member to defend his election or return, in every such case notice shall be sent by the Speaker to the general committee of elections, and to the members of the Chairmen's Panel, and also to the sheriff or other returning officer for the county, city, borough, district of burghs, port or place, to which such petition relates; and such sheriff or other returning officer shall cause a true copy of such notice to be affixed on or near the door of the county hall, or town hall, or of the parish church nearest to the place where such election has usually been held; and such notice shall also be inserted, by order of the Speaker, in one of the next two London Gazettes, and shall be communicated by him to the House.

19. That at any time within 14 days after the day on which any election petition was presented, or within 21 days after the day on which any notice was inserted in the Gazette, to the effect that the seat is vacant, or that the member will not defend his election or return, or if either of the said periods expire during a prorogation of parliament, or during an adjournment of the House of Commons for the Easter or Christmas holidays, then, on or before the second day on which the House meets after such prorogation or adjournment, any person who voted or had a right to vote at the election to which the petition relates may petition the House of Commons, praying to be admitted as a party to defend such return, or to oppose the prayer of such petition; and such person shall thereupon be admitted as a party, together with the sitting member, if he be then a party against such petition, or in the room of such member if he be not then a party against the petition; and every such petition shall be referred by the house to the general committee of election herein-after mentioned.

20. That whenever the member whose election or return is so complained of, has given notice of his intention not to defend the same, he shall not be afterwards allowed to appear or act as a party against such petition, and he shall also be restrained from sitting in the House of Commons, or voting on any question until such petition has been decided upon.

21. That if in the case of an election petition complaining of a double return the member whose return is complained of in such petition have given notice as that it is not

his intention to defend his return, and if no party, within the period herein-before allowed, have been admitted to defend such return, then, if there be no election petition complaining of the other member returned on such double return, the last-mentioned member or other the persons who subscribed the petition complaining of such double return may withdraw such petition by letter addressed to the Speaker; and thereupon the order for referring such

petition to the general committee of elections shall be discharged, and the house shall give the necessary directions for amending the said double return, by taking off the file the indenture by which the person so declining to defend his return was returned, or otherwise, as the case may require.

22. That in the first session of every parliament, on the day after the last day allowed by the House of Commons for receiving election petitions, and in every subsequent session, as soon as convenient, the Speaker shall by war

rant under his hand appoint six members of the House who

are willing to serve, and against those whose return no petition is then depending, and none of whom is a petitioner complaining of any election or return, to be members of a

committee to be called "The General Committee of Elec

tions ;" and every such warrant shall be laid on the table of the House, and, if not disapproved by the House in the course of the three next days on which the House meets for the despatch of business, shall take effect as an appointment of such general committee.

23. That if the house disapprove any such warrant the

Just published price 3s., by post 38, 6d. The new Act for the abolition of arrest for sums under ten AND AW OF DEBTOR AND CREDITOR IN IRELAND· and for the recovery of the possession of small tenements before Justices of the Peace, with a full Commentary, Index, Notes and Forms, adapted for the professional and trading classes. By WILLIAM GERNON, Esq., Barrister-at-law. Dublin: EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, College-green.

12mo. price 2s. 6d.-by Post, 39.

A TREATISE ON THE LAW OF INTERPLEADER, containing all the Reported Cases in this Country and in England Affidavits, Rules, Orders, and the Record on a Feigned Issue. By Jons with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Forms of BLACKHAM, Esq., Barrister-at-Law.

EDWARD J. MILLIKEN, 15, COLLEGE GREEN,

NEW LAW BOOKS.

A TREATISE ON THE LAW OF PROPERTY, administered by the HOUSE OF LORDS. By Sir E. B. SUGDEN, 1 vol. royal 8vo. £l 11s. 6d. boards.

THE LAW OF HUSBAND AND WIFE. A Treatise on the Law of Husband and Wife as respects Property, partly founded By J. E. WRIGHT, Esq. of the Inner Temple, Barrister.at-Law, 2 vols. upon Roper's Treatise, and comprising Jacobs' Notes and Additions thereto, royal 8vo. £2 10s boards.

A TREATISE ON THE LAW OF LEGACIES. By

the late R. S. DONNISON ROPER, Esq., Barrister-at-Law, d dle Temple. Fourth Edition. 2 vols, royal 8vo. £3 3s. boards. Gray's.inn; and by H. H. WHITE, Esq., Barrister-at-Law, of the Mid ROSCOE'S LAW OF NISI PRIUS EVIDENCE. A

Digest of the Law of Evidence on the trial of Actions at Nisi Pri By H. ROSCOE, Esq., of the Inner Temple, Barrister-at-Law. Seventh Edition, with considerable additions, by E. SMIRKE, Esq. Barrister.at Law. Í vol. royal 12mo. 24s.

A TREATISE ON THE LAW OF EVIDENCE, 25

administered in England and Ireland; with Illustrations from the
American and other Foreign Laws. By JOHN PITT TAYLOR, E
of the Middle Temple, Barrister-at-Law. 2 vols. royal 8vo. £210.
A SELECTION OF LEADING CASES IN Various
Esq.. of the Inner Temple, Barrister-at-Law Third Edition. By H.S.
Branches of the Law, with Notes. By JOHN WILLIAM SMITH,
KEATING, Esq, and JAMES S. WILLES, Esq., of the Inner Temple,
Barristers at-Law. 2 vols. royal 8vo. £2 12s. 6d.

UESTIONS FOR LAW STUDENTS on the Second

Speaker shall, on or before the third day on which the house Qition of Mr. Serjeant Stephen's New Commentaries on the Law

meets after such disapproval, lay upon the table of the house a new warrant for the appointment of six members, qualified as aforesaid, and so from time to time until six members have been appointed not disapproved by the house.

24. That the disapproval of the warrant may be either general in respect of the constitution of the whole committee, or special in respect of any member named.

25. That the Speaker may, name in the second or any subsequent warrant any of the members named in any for

rister at-Law. I vol. 8vo, cloth boards, price 10s. 6d.
of England. By JAMES STEPHEN, Esq. of the Middle Temple, Bar.

A

TREATISE on the LAW of EXECUTORS and ADMINISTRATORS. By EDWARD VAUGHAN WILLIAMS, Esq., Barrister-at-Law. Fourth Edition enlarged. 2 vols, royal 8vo, £3 88.

EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, College Green, Dublin,

mer warrant whose appointment has not been disapproved LEGAL AND HISTORICAL DEBATING SOCIETY.

by the house.

(To be continued.)

William Cuffe, Esquire, Thomas Young, Esquire, and others.

Plaintiff.
Defendants.

John Morgan, and Catherine
Morgan, his Wife, Plaintiffs.
Thomas Young and Nassau
Stephens, Executors of
William Cuffe, Esquire,
deceased, Defendants.

PURSUANT to the Decree

made in the first of these Causes,

bearing date the 26th day of November, 1814, and the several Orders bearing date the 17th day of November, 1845, 23rd day of February, 1846, and 16th day of June, 1818, I will, on Tuesday, the 24th day of April next, at the hour of One o'clock in the Afternoon of said day, at my Cham. bers, on the Inns Quay, city of Dublin, SET UP and SELL to the highest and fairest bidder, ALL THAT AND THOSE the Freehold House and Premises at ROSTREVOR, situate in the County of Down, the property of the late Wheeler Barrington, deceased, for the purposes in said Decree men. tioned.

Dated this 31st day of March 1819.

For MASTER BROOKE,

EDWARD LITTON. The above Premises consist of a capital Dwelling-house, two Stories high, with excellent Coach House and Stabling, Back Yard and Garden, situate at the entrance into Rostrevor, and would make a delightful residence for any respectable family. The House and Offices are held under a Lease for Lives renewable for ever, at the small Yearly Rent of £12 18s. 54d present currency, and a Pepper.corn Renewal Fine. The Lot or small piece of Ground, being the passage or gateway leading to the Offices of said Premises, is held under a Lease of Lives and Years, at the Yearly Rent of Is. sterling.

The Premises are at present let to a solvent tenant, at a considerable Profit Rent. The purchaser can, however, if necessary, obtain immediate possession.

For further particulars as to the Title, and conditions of sale, apply to Robert S. Mayne, the Plaintiff's Solicitor, No. 10, Richmond Place, North, Dublin. Thomas Young, Esq. the Receiver, 24, Summer. hill, Dublin, or to Richard Worthington, Esq., Solicitor for the Defendants, Nolans, Minors, 83, Abbey Street, Dublin.

ESTABLISHED 1845.

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Erish Jurist

No. 25.-VOL. I.

APRIL 21, 1849.

PRICE

Per Annum, £1 10s.
Single Number, 9d.

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

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JOHN BLACKHAM, Esq., and

A. HICKEY, Esq., Barristers-at-
Law.

Queen's Bench, includ- (FLORENCE M'CARTHY, Esq., and
ing Civil Bill and Re- SAMUEL V. PEET, Esq.,

gistry Appeals......

Barristers-at-Law.

Exchequer of Pleas, in- (CHAS. H. HEMPHILL, Esq., and

cluding Manor Court and Registry Appeals. Common Pleas......

{

WILLIAM HICKSON, Esq., Barristers-at-Law.

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

under this acknowledgment it was supposed that the landlord could at once have the habere renewed, and the occupying tenants put out of possession.

The Court of Queen's Bench have held very differently in Lessee Knox v. Gildea, reported in (11 Irish Law & Equity Reports, p.198). An application was made for liberty to renew an habere, where tenants were allowed to remain in possession under the provisions of this act. It was held that,

To enable the landlord, without injury to himself," an application should have been made to the to act with humanity to the tenants in the occupation of land, for the recovery of which he may have obtained an habere, the 9 & 10 Vict. c. 111, was passed; in the 8th section of this act, it is provided, | "That it shall be lawful for the sheriff, or his bailiff or officer, upon the consent in writing of the lessor of the plaintiff, or the attorney of the plaintiff, to execute any writ of habere facias possessionem, in any action of ejectment, or any civil bill decree for the recovery of the possession of lands and tenements, without removing therefrom, or disturbing the possession or occupation of any undertenant or occupier, who shall, at the time of the execution of such writ or decree, sign with his or her name, or mark, attested by such sheriff, or officer, an acknowledgement according to either of the forms, Nos. 1 and 2, in the schedule to this act annexed." This section of the act enables the landlord, if so disposed, to leave the occupying tenants in possession. The schedules referred to appeared to place the tenants, as to the continuance of their occupation, entirely in the power of the landlord, the tenants being required to acknowledge, that they "held or occupied the lands and tenements now in their respective occupation, by the leave and license, and for and on behalf of, and at the will of the landlord; and that they will severally and respectively, when required by the landlord or his authorized agent or receiver, deliver up to the said landlord, or his authorized agent or receiver, the possession of the said lands and premises in their respective occupation." And

tenants to deliver up possession, or else a notice served on them, of the intended application to the court," and when at length, on the affidavit of service of the conditional order, and of the demand of possession, the order was made absolute-it was made so, with a stay of execution until the 1st of November, on the ground that in the interval which had elapsed, the tenant might have cropped the land. Landlords may complain of this decision, and look upon it as a breach of faith with them, that they were induced by the statute to permit the occupying tenants to remain in the possession of their holdings, distinctly on the terms, that they would be enabled to recover possession of them at a moment's notice, when an opportunity might occur of disposing of them to advantage, and which opportunity might be lost by the obstacle thus occasioned by the court.

When it is considered, that the leaving of the occupying tenants thus in possession, is at the option of the landlord in the first instance, and that the object of the statute was to protect the tenant from unnecessary hardship; the decision cannot be objected to. To induce a tenant to crop his land, by thus leaving him in possession, and to enable a landlord to eject him the moment he had his land so cropped, would be to expose him to more serious injury, than that from which this statute was enacted to protect him.

We fear, however, that this decision, equitable as it is, will have the effect of rendering the statute inoperative: a landlord having obtained an habere,

after, perhaps, tedious and expensive proceedings, will hardly be induced to adopt a course by which his actual possession of the lands would be deferred in all likelihood for another year.

To the Editor of the Irish Jurist. SIR.-I send a copy of observations and suggestions which I lately forwarded to a Member of Parliament, and which, it appears to me, may not be out of place to publish in your paper, if you Your obedient Servant,

consider them worth insertion.

S.

Observations and Suggestions as to the Transfer of the Equity Jurisdiction of the Court of Exchequer to the Court of Chancery.

THE proposed change (which, as to England, has been effected by the 5th Vic. c. 5) is desirable, on the grounds recited in the preamble of that statute, which applies equally to the Irish Court, in which the law business exceeds in extent that of any of the law courts.

2ndly. Because it is of great public importance that one uniform system of equity should be administered in this country:

Instead of, as at present, witnessing that frequent conflict of opinion between the decisions of the two Irish courts on many points of great importance, and, in particular, on the construction of modern and recent Acts of Parliament, so derogatory to the character of the general administration of justice.

3rdly. Because, owing to the quantity of law business (which is largely in arrear), the court can devote but a short period, during the law Terms, to equity business; and, as the Chief Baron usually sits at Nisi Prius during the Equity sittings after Term, cases involving any serious point, which may have been partly heard during the Term, will not be proceeded with in his absence, and are thus postponed, from Term to Term, to the delay and loss of suitors.

are

Except the Chief and Second Remembrancer, and the Accountant-General and his clerk, the officers of the Equity side of the Exchequer paid by fees, whilst in the Court of Chancery the officers (save the examiners and secretaries) are paid fixed salaries, and the fees received are accounted for to the public fund, or, in many induties. stances, are paid in the form of Equity fund stamp

fees, and stamp duties in respect of fees, would By a transfer of the business to Chancery, the thenceforward go to the public account, and the following officers would be dispensed with (subject, of course, to their right to life compensation, in case they might not be appointed to offices in Chancery):

4thly. Because the administration of law and equity by the same court has been found inconvenient, and tends greatly to delay both classes of suitors, and because of the loss of time arising from conferences and consultations on the bench, incident to its being composed of several persons. 5thly. Because the practice of the Court of Exchequer, even with the recent reforms (under the acts 6 & 7 Vict. c. 55 and 78, and the General Orders thereunder), is, in many respects, more dilatory, unsatisfactory, and expensive, than that of the Court of Chancery.

It appears, indeed, to be conceded on all hands, that the proposed change would be advantageous to the public, and the sole ground of objection to its adoption seems to be one of finance that it would entail expense which the present state of the revenue cannot afford to meet. Now, this is manifestly erroneous in fact; and the following statement shews that the alteration may be effected, not only without loss, but be actually made a means to add to the public income.

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Salaries or Esti. mated Emoluments. £1,000 0 0 50 0 0 1,500 0 0 750 00

The Registrar and clerk, say,
Assistant-Registrar and clerk, say,
(The Registrar's ordinary clerks
might be transferred to the
corresponding offices in Chan-
cery.)

Two Examiners and clerks, -
Secondary and Clerk of the Writs,
Their clerks,

Accountant-General and his clerks,
(salaries)

1,800 0 0 950 0 0

200 0 0

461 3 1

£6,711 3 1

For want of returns, the amount of the emolu. are stated from general reputation, and, as is ments of officers paid by fees at present receivable, believed, under the mark. be ascertained by the returns furnished by those The exact amount may officers to the Treasury, pursuant to the act 6 & 7 Vic. c. 55, ss. 13 & 14. By a late return to the House of Commons, the gross income of the above officers is £10,441 2s. 10d.; but it will be found, that in this, the officers have included the amount of compensation to which they are for life occasioned by the 6 & 7 Vic. c. 55, which was entitled, in consequence of the diminution of fees estimated on the average of the fees received by cash for the seven years previous to November, 1842, and which included the great temporary additions caused by the proceedings for the reco Secondary is returned as £3,069 17s. 4d. of tithe composition.

very

Thus the income of the

quantum of business, would realise to the consoThe fees payable in Chancery for the same lidated fund, a much larger amount than the corresponding fees in the Exchequer the office fees court, e. g. a common order of two sheets in the Exbeing in many instances much higher in the former chequer, costs 3s. 1d. (4 Geo. 4, cap. 70, Table 4). In Chancery, 12s. 6d. (general order, 25th January, 1837), although owing to the difference of practice, the expense to suitors is nearly the same in both

courts.

his Examiner might be transferred to Chancery; The present Chief Remembrancer, and the former as a fifth Master at his present salary, (£2000,) with a right to succeed, on a vacancy occurring amongst the present Masters.

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