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malice. This direction the court held to be erro- the cases we have referred to, was an action on neous, saying, that the action was maintainable the case for a malicious arrest without probable only on the ground of proof of actual malice-cause. The declaration stated the arrest of the malice being the gist of the action."

plaintiff, on a second writ for the same debt be The case of De Medina v. Grove (10 Q. B. 152) had previously been held to bail for. Plea, that and referred to in the argument in Carmichael v: the last mentioned action was still depending on Limerick and Waterford Railway Company, turned a demurrer to this plea, Lord Denman, CJ, says on a question of pleading, the declaration not “It is contended for the plaintiff, that this is an having averred either malice or want of probable action for a malicious abuse of the process of cause, merely stating that the defendant "wrong. the court, by a second arrest for the same cause. fully and injuriously had caused the plaintiff to be I am unwilling to hold, that the action is maintaken in execution. Wilde, C.J., in delivering the tainable ; for the defendant, in arresting under a judgment of the court of error, says, “ The law second writ

, does not necessarily appear to have allows every person to employ its process for the done anything which he might not lawfully do. purpose of trying his rights, without subjecting him And Coleridge, J., in the same case, in answer to to any liability, unless he acts maliciously and the objection, that an action for the abuse of the without probable cause. The question arising process of the court would be a novelty, says, “ If upon this record is, whether the action is maintain an action is not sustainable ander such circumable without the usual averments of malice and stances, we must be prepared to hold, that the want of probable cause. Even if there be a suffi- process of the court may be abused by a plaintif cient statement of malice in this declaration, there for purposes however wanton and malicious. We is no sufficient statement of want of probable may suppose the case of a party harrassing the cause. It has been admitted, that the issuing of defendant under the forms of law, by maliciously mesne process is a primâ facie right, but a fortiori suing out three writs for the same cause on the is the execution a primă facie right.” “On the same day,* and successively arresting the de other hand, the plaintiff here might have applied fendant on all three of them. In such a case, the if the state of facts justified the application-either principle of the law allows an action, although in before the arrest, to bave satisfaction entered up, form it may have some novelty."

The declaration, or after the arrest, to be discharged. It might, not having been specially demurred to, was upheld

, therefore, be a question, whether, with all proper on the ground that the averment, without " reason averments on the record, the proper remedy would able or probable cause,” might be intended to be by action ; for it might be contended, that what mean, that the defendant knew he had no ground is complained of by the plaintiff is a mere irregu- for the second arrest. larity." This dictum implies, and would go to If this case be law-and there appears to be no shew that no action will lie; and we think that reason to think otherwise, supported as it is by the the true deduction derivable from the principles judgment of the court, in De Medina v. Grove it stated in the authorities on this branch of the law. would appear clear, that an action for malicious

It is almost needless to draw the attention of the arrest, without probable cause. will not lie, where reader to the distinction between issuing, and act. the creditor employs either mesne or final process, ing on, an execution for more than the actual except he be guilty of a malicious abuse, in which amount of the judginent, and the case we have been case, the question would be one of express malice ; hitherto considering, of a party being arrested for and the case of Saxon v. Castle (6 Ad. & El. 652) the full amount of a judgment, a portion of which although the arrest complained of, was upon final has been paid. In the former case, the very act process, is consistent with this view, as the judga of executing the process of the court for more than ment on which the process issued was only to be the judgment creditor has bimself alleged to be entered on a certain condition precedent being due, is primâ facie evidence of malice, and none performed by the creditor, which was not bona fide need be alleged, the want of probable cause being done. The court held, that the action was well apparent in the excess of the writ of execution conceived, but arrested the judgment, there being over the judgment. In the latter, the unsatisfied no averment of malice, which they held to be a judgment giving a prima facie right, or, in other necessary ingredient in the action. words, a probable cause, malice---according to Independently of direct authority, the view we the decision in Carmichael v. Waterford and have been submitting, appears to follow from the Limerick Railway Company_must be averred and principles in which this form of action is founded

, and proved, or, as we are inclined to think, in accord the proof necessary to sustain it. Those rules are, ance with the view of Wilde, C. J., before re- that if there be no probable cause, malice may be ferred to, there is no ground of action whatever. inferred, although the jury are not bound to infer

In stating this proposition, we are not to be it. Mitchell v. Jenkins, (5 B. & Ad. 558; 8. C. understood as saying, that if the plaintiff in the Nev. & M. 301). Secondly—If there be probable action had been wilfully and maliciously perse- cause, no amount of malice, however distinctly cuted, that he is wholly without remedy, because proved, will render the defendant liable. Per his creditor has this prima facie right or probable Parke, J. Mitchell v. Jenkins (5 B.& Ad. 588). If cause. There is another form of action on the then, mesne process gives a prima facie right, case, in which the creditor so acting would appear or probable cause, and that, as was said in the to be liable that for abusing the process of the court, as was suggested in the case of Heywood v.

• As to issuing concurrent writs, see Fennell v. Dempsey, Collinge (9 Ad. & El. 268), which, as in both | 1 k. Jur. p. 64.

judgment of the court, in De Medina v. Grove, the reasons are a fortiori, with respect to final process. - No amount of malice, however distinctly proved, will render the plaintiff liable." His remedy if the evidence of express malice will warrant the proceeding-must be for the abuse of the process of the court—the form of action which appears to have been adopted in Porter v. Weston, (8 Scott. 25).

The statute 7 Anne, c. 7, s. 2, 1r. ;* affords a remedy for injuries of this nature, by giving treble damages to the party against whom such execution issues, if it appears that the execution creditor has * silfully, fraudulently and maliciously," overcharged him. In Mills v. Nerney, (Cook & Alc. 81), the court held, that the three requisites of the statute must concur to complete the liability of the defendant; and that the mere circumstance of an execution being marked for a larger sum than was due, did not per se, warrant the jury in finding that it was “ fraudulently, and maliciously over-marked." This is, we conceive, the same conclusion as that to be derived from an action for abuse of the process of the court, and that to which, in fact, the Court of Queen's Bench have come, in the case of Carmichaelv. Limerick & Waterford Railway Company; by deciding that the gist of the action was the express malice; a decision which we submit, for the reasons stated, would not be consistent with holding it to be an action for over-marking without probable cause; in which the jury would be at liberty to infer malice.


(Continued from p. 176.)

CAP. XCVIII. An act to amend the law for the trial of election petitions.

[4th September, 1848.] Sec, I. 788 Vict. c. 103, repealed, except as to acts done,

&c. Repeal of 7 8 8 Vict. c. 103, not to revive, ğ G. 4, c. 22, and certain parts of 42 G. 3, c.

106, and 47 G.3, c. 14. 2. What shall be deemed election petitions. 3. Before petition presented recognizances to be entered

into. 4. Persons entering into recognizances to make affidavits

of sufficiency. 5. Form of recognizance as set forth in schedule. 6. Persons siyning election petition may pay money into

the bank, instead of finding security. 7. No petition to be received unless endorsed by the

esaminer of recognizances. 8. How petitions may be withdrawn. 9 Speaker to appoint eraminer of recognizances. 10. In case of illness, &c. of eraminer of recognizances,

speaker to appoint a fit person to perform the duties. 11. How recognizances are to be entered into. 12. Names of sureties, 8c. to be kept in office of exami.

ner of recognizances, and to be open to inspection. 13. Recognizance may be objected to for invalidity, or

for insufficiency of sureties. 14. Notice of objections to be published in the office of

the eraminer, and copies may be taken. 15. Examiner of recognizances to decide on the objec16. In case of death of a surety, the petitioner may pay

the money into the bank. 17. Eraminer of recognizances to report whether or not

recognizances are objectionable. 18. Proceedings when the seat becomes vacant, or the

sitting member declines to defend his return. • 3 Geo. 1, c. 15, 8, 17, Eng. analogous.

19. Voters may become a party to oppose the petition. 20. Members having given notice of their intention not

to defend, not to appear as parties. 21. Provision for cases of double return where the mem

ber complained of declines to defend his return. 22. At the beginning of every session the speaker to ap.

point a general committee. 23. If the house disapprove the first appointment, a new

appointment to be made. 24. Disapproval may be general or special. 25. Members not disapproved may be again named in the

warrant. 26. For what time the appointment shall be. 27. Vacancies in general committee to be made known to

the house, and proceedings suspended. 28. General committee may be dissolved in certain cases. 29. How vacancies shall be supplied, and reappointments

made. 30. Speaker to fix the time and place of first meeting of

committee. General committee to be sworn. 31. Members necessary to enable the committee to act. 32. Committee to regulate their own proceedings. 33. Clerk to keep minutes of proceedings, to be laid be

fore the house. 34. During suspension of proceedings speaker may ad

journ any business before the general committee. 35. Members wholly excused from serving, 36. Names of members claiming to be excused to be called 37. Members temporarily excused from serving. 38. Members temporarily disqualified from serving. 39. A corrected list, distinguishing the excused or dis

qualified members, to be printed, and distributed

with the votes. 40. List may be further corrected during three days 41. Selection of members to serve as chairmen of election

committees. 42. List to be divided into five panels. 43. General committee to correct the panels from time to

time. 44. Power to transfer to another panel the names of mem

bers obtaining leave of absence. 45. For supplying vacancies, and increasing the chair.

men's panel. 46. Election petitions to be referred to the general com

miltee ; who shall make out a list of the same. 47. Where notice of vacancy, or that the sitting member

declines to defend his return, is received by the

general committee, proceedings to be suspended. 48. Provision for cases where more than one petition. 49. Committees to be chosen for petitions according to

their order on the list. 50. Committees to be appointed for petitions standing

over on a prorogation of parliament. 51. Notice of time, &c. when any committee will be cho

sen shall be published with the votes. Notice of suspension of proceedings to be published ; and sent

to returning officer by post. 52. Provision for cases where the sitting member does

not defend, and no party has been admitted to de

fend. 53. General committee empowered to change the day for

choosing election committee. 54. Notice of petitions and panels. 55. Lists of voters intended to be objected to shall be de.

livered to the clerk of the general committee. 56. Committee for trying petitions to be chosen. 57. In case general committee do not agree in choosing a

committee to try the petition, they shall adjourn. 58. Chairman to be chosen by the members on the chair.

man's panel, and his name communicated to the

general committee 59. Members upon chairmen's panel to make regulations. 60. When committee chosen, the parties to be called in

to hear the names read over. 61. General committee to proceed in order with all the

petitions appointed for that day. 62. Within a certain time parties may object to members

on account of disqualification.



63. If general committee allow the disqualification, a new 108. Interpretation of act. committee to be chosen.

109. Act may be amended, &c. 64. In the new committee, members not before objected

Be it enacted, that 7 & 8 Vict. c. 103, shall be repealed, to may be included. 65. When committee chosen, notice to be sent to every petition under the said recited act, all which acts and pro

except as to any act or proceeding incident to any election member thereof. 66. If any member chosen proves a disqualification, provided, be continued and completed as if this act had net

ceedings shall have effect, and shall, save as herein-after another committee to be chosen.

passed : provided, that this enactment shall not revive 9G. 67. Select committee to be reported to the house.

4, c. 22, nor so much of 42 G. 3, c. 106, and 47 G. 3, 68. Members of select committee to be sworn. 69. Members of committee not present within one hour mittee to interchange lists of the votes and names of voters

14, as requires the parties appearing before any select optu. after four o'clock to be taken into custody by the to which either of the parties intends to object, and state.

serjeant at arms. 70. If any such member is not present within three hours said parties mean to insist upon, or as provides that no

ments in writing respecting the matters which either of the after four o'clock, the proceedings to be adjourned witness shall be examined to anything not specified in suh 71. If all the members do not attend after adjournment, lists or statements.

the committee to be discharged. 72. Petitions and lists to be referred to committee, and time to time limited by the house for receiving electica

2. That every petition presented within the time from time and place of meeting appointed by the house. 73. Committee not to adjourn for more than twenty-four petitions, and complaining of an undue election or return of hours without leave of the house.

a member, or complaining that no return has been made 74. Evidence to be confined to objections specified in the the special matters contained in any such return, and wil ich

according to the requisition of any writ, or complaining of lists. 75. No member of committee to absent himself.

petition shall be subscribed by some person who voted or

Committee not to sit until all be met. On failure of all or by some person claiming to have had a right to be

had a right to vote at the election to which the same relates, meeting within one hour, to adjourn.

returned or elected thereat, or alleging himself to have been 76. Absentees to be directed to attend the house.

a candidate at the election, shall be deemed an election peti

. 77. Committee not to be dissolved by the death or absence

tion. of not more than two members. 78. Committee reduced to less than three by the non-at

3. That before any petition shall be presented a recogni.

zance shall be entered into by one, two, three, or four tendance of its members to be dissolved unless by

persons, as sureties for the person subscribing such petition,

for the sum of £1000, in one sum, or in several surns of 79. When committee is deliberating, the room to be not less than £250 each, for the payment of all costs and

cleared. 80. Questions to be decided by a majority.

expenses which shall become payable by the person sa. 81. Names of members voting for or against any resolution or to the sitting member or other the party complained of

scribing the petition to any witness summoned in his behall, to be reported to the house. 82. Committees to be attended by a short hand writer.

in such petition, or to any party who may be admitted to

defend such petition. 83. Committee empowered to send for and examine persons, papers, and records. Witnesses misbehaving zance shall testify upon oath in writing to be sworn at the

4. That every person who enters into any such recognimay be reported to the house

, and committed to the time of entering into the said recognizance, and before the custody of the serjeant at arms. 84. How oaths to be administered.

same person by whom his recognizance is taken, that he is 85. Giving false evidence to be perjury.

seised or possessed of real or personal estate (or both, ) above 86. Committee to decide, and to report their decision to

what will satisfy his debts, of the clear value of the sum for

which he is bound by his said recognizance; and every such the house.

affidavit shall be annexed to the recognizance. 87. Committee may report their determination on other

5. That in every such recognizance shall be mentioned matters to the house. 88. Committees not dissolved by the prorogation of par

the names and usual places of residence or business of the liament.

persons becoming sureties, with such other description of 89. Costs where petition reported frivolour or vexatious.

the sureties as may be sufficient to identify them easily ; 90. Costs where opposition reported frivolous or ve

and such recognizance may be in the form or to the effect

set forth in the schedule to this act, with such alteration as tious. 91. Costs where no party appears to oppose a petition.

may be necessary for the circumstances of each case. 92. Costs upon frivolous objections to voters.

6. That any person by whom an election petition is signed 93. Costs upon unfounded allegations.

may, instead of procuring a recognizance for the full 94. Costs, how to be ascertained.

amount of the sum herein-before required, pay into the bank 95. Persons appointed to tax costs empowered to examine of England, to the account of the speaker and examiner of on oath.

recognizances, any amount of money, not being less than 96. Recovery of costs when taxed.

£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.

the sum of £1001) as the sum paid into the bank falls short 98. Recognizances when to be estreated, &c.

of that sum; and no money shall be deemed for the purposes 99. Transmission of recognizances of parties in Ireland of this act to be paid into the bank of England until a bank or Scotland through the post.

receipt or certificate for the same is procured, and delivered 100. Monies received under recognizances to be paid into to the examiner of recognizances. the bank, and applied in payment of costs.

7. That no election petition shall be received unless at 101. Surety may pay money into the bank in discharge of the time it be endorsed by a certificate under the hand of his recognizance.

the examiner of recognizances, that the recognizance has 102. Where money has been paid into the bank, the examin been entered into and received by him, with the affidavit

ner of recognizances to order payment of expenses, thereunto annexed, and if the recognizance have not been

and transfer the residue to the account of the party. taken for the whole amount, that a bank receipt or certifi. 103. Returning officer may be sued for neglecting to return

cate for so much money as the recognizance falls short of £1000 has been delivered to him, as herein-before required

. any person duly elected. 104. Commencement of act.

8. That the petitioner may, at any time, withdraw the 105. Provision for election petitions remaining at the close same upon giving notice in writing under his hand

, or under of the present session.

the hand of his agent, tothe Speaker, and also to the sitting 106. No stamps on recognizances or affidavits.

member or his agent, and also to any party who may have 107. Short tiile.

been admitted to oppose the prayer of such petition, that it


is not intended to proceed with the petition ; and in such sion of the examiner of recognizances shall be final and case the petitioner shall be liable to the payment of such conclusive. costs and expenses as have been incurred by the sitting 16. That if any surety die, and his death be stated as a member or other party complained of in such petition, and ground of objection before the end of the time allowed for also by any party admitted to oppose the prayer of such pe- objecting to recognizances, the petitioner may pay into the tition, to be taxed as herein-after provided.

Bank of England, on the account of the speaker and the 9. That the Speaker of the House of Commons shall ap- examiner of recognizances, the sum for which the deceased point a fit person to be examiner of recognizances; and surety was bound : and upon the delivery of a bank receipt sueh person shall hold his office during the pleasure of the for such sum to the examiner of recognizances within three Speaker, and shall execute the duties of his office conform- days after the day on which the statement of such objection ably to such directions as he may receive from the Speaker. was delivered to the examiner of recognizances, the recog

io. That in case of the illness, temporary disability, or nizances shall be deemed unobjectionable, if no other ground unavoidable absence of the examiner of recognizances, the of objection thereto be stated. 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 forthwith report to the speaker that such recognizances are apply to the person so appointed.

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 the examiner of recognizances shall report to the speaker taken before a justice, being duly certified by such justice, that the recognizances are unobjectionable ; and every such shall be delivered to the examiner of recognizances. report shall be final and conclusive ; and he shall make out

12. That on or before the day when any such petition is a list of all election petitions on which he has reported that presented to the house, the names and descriptions of the the recognizances are unobjectionable, in which list the sareties, as set forth in the recognizance, shall be entered petitions shall be arranged in the order in which they are in a book to be kept by the examiner of recognizances in so reported upon ; and a copy of such list shall be kept in his office; and the said book, and also the recognizance and the office of the examiner of recognizances, and shall be affidavits, and the bank receipt for any money paid into the open to the inspection of all parties. bank of England, shall be open to the inspection of all 18. That if at any time before the appointment of a parties.

select committee to try any election petition, the Speaker 13. That any member petitioned against, or any electors of the House of Commons be informed, by a certificate in petitioning and admitted parties to defend the election or writing subscribed by two of the members of the said house, return, may object to any such recognizance that the same of the death of any sitting member whose election or return is invalid, or that the same was not duly entered into or is complained of, or of the death of any member returned received by the examiner of recognizances, with the affida- upon a double return whose election or return is comvit annexed as herein-before required, or on the ground plained of, or that a writ of summons has been issued that the sureties or any of them are insufficient, or that a under the Great Seal of Great Britain to summon any surety is dead, or that he cannot be found or ascertained such member to parliament as a Peer of Great Britain, or from the want of a sufficient description in the recogni- if the House of Commons have resolved that the seat of zanee, or that a person named in the recognizance has not any such member is by law vacant, or if the House be induly acknowledged the same; provided that the ground of formed by a declaration in writing subscribed by any such objection shall be stated in writing by objecting party or member, and delivered to the Speaker within fourteen days his agent, and shall be delivered to the examiner of recog- after the day on which any such petition was presented, nizances within ten days, or not later than 12 o'clock of that it is not the intention of such member to defend his the eleventh day, if the surety objected to reside in England, election or return, in every such case notice shall be sent or within fourteen days, or not later than 12 o'clock of the by the Speaker to the general committee of elections, and fifteenth day after the presentation of the petition if the to the members of the Chairmen's Panel, and also to the surety objected to reside in Scotland or Ireland : provided sheriff or other returning officer for the county, city, that if either such eleventh or such fifteenth day happen to borough, district of burghs, port or place, to which such be a Sunday, Good Friday, or Christmas day, such notice petition relates ; and such sheriff or other returning officer of objection may be delivered to the examiner of recogni- shall cause a true copy of such notice to be affixed on or zances not later than 12 o'clock of the following day. near the door of the county hall, or town hall, or of the

14. That as soon as any such statement of objection is parish church nearest to the place where such election has received by the examiner of recognizances, he shall put up usually been held; and such notice shall also be inserted, an acknowledgement thereof in his office, and shall appoint by order of the Speaker, in one of the next two London a day for hearing such objections, not less than three, nor Gazettes, and shall be communicated by him to the House. more than five days from the day on which he received such 19. That at any time within 14 days after the day on statement; and the petitioner and his agent shall be allowed which any election petition was presented, or within 21 to examine and take copies of every such objection. days after the day on which any notice was inserted in the

15. That at the time appointed, the examiner of recog-Gazette, to the effect that the seat is vacant, or that the nizances shall inquire into the alleged objections, on the member will not defend his election or return, or if either grounds stated in the notice of objection ; and for the pur- of the said periods expire during a prorogation of parliament, pose of such inquiry the examiner of recognizances may or during an adjournment of the House of Commons for examine upon oath any persons tendered for examination, the Easter or Christmas holidays, then, on or before the and may also receive in evidence any affidavit relating to second day on which the House meets after such prorogathe matter in dispute, sworn before him, or before any tion or adjournment, any person who voted or had a right Daster of the High Court of Chancery, or justice of the to vote at the election to which the petition relates may peace, each of whom is hereby authorised to take and cer- petition the House of Commons, praying to be admitted as tify such affidavit ; and the examiner of recognizances may a party to defend such return, or to oppose the prayer of adjourn the said inquiry from time to time, until he decide such petition ; and such person shall thereupon be admitted on the validity of such objection, and he may award costs as a party, together with the sitting member, if he be then to be paid by either party, which costs shall be taxed and a party against such petition, or in the room of such memrecovered as hereiv-after provided for the costs and expenses ber if he be not then a party against the petition ; and every of prosecuting or opposing election petitions ; and the deci- 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 L AW OF DEBTOR AND CREDITOR IN IRELAND

Just published price 3s., by post 38, 6d. defend the same, he shall not be afterwards allowed to appear or act as a party against such petition, and he shall and for the recovery of the possession of small tenements before you startede also be restrained from sitting in the House of Commons, the proces with atále sammentary Index, Notes and Forms, adapted for or voting on any question until such petition has been

By WILLIAM GERNON, Esq., Barrister-at-law, decided upon. 21. That if in the case of an election petition complain-15, College-green.

Dublin: EDWARD J. MILLIKEN, Law Bookseller and Publisher, ing of a double return the member whose return is complained of in such petition have given notice as that it is not

12mo, price 23. 60.-by Post, 3s. his intention to defend his return, and if no party, within TREATISE ON THE LAW OF INTERPLEADER, the period herein-before allowed, have been admitted to containing all the Reported Cases in this country and in England defend such return, then, if there be no election petition Atidavits, Rules, orders, and the Record on a Feigned Issue. By Jork complaining of the other member returned on such double BLACKHAM, Esq., Barrister-at-Law, return, the last-mentioned member or other the persons EDWARD J. MILLIKEN, 15, COLLEGE GREEN. who subscribed the petition complaining of such double return may withdraw such petition by letter addressed to

NEW LAW BOOKS. the Speaker ; and thereupon the order for referring such TREATISE ON THE LAW OF PROPERTY, # petition to the general committee of elections shall be dis. administered by the HOUSE OF LORDS. By Sir E. B. SUGDEN, charged, and the house shall give the necessary directions 1 vol, royal 8vo. £l'lls. 6d. boards, for amending the said double return, by taking off the file THE LAW OF HUSBAND AND WIFE. A Treatise the indenture by which the person so declining to defend his return was returned, or otherwise, as the case may By J. E. WRIGHT, Esg. of the Inner Temple, Barrister-at-Law. 2 telt,

upon Roper's Treatise and comprising Jacobs' Notes and Additions therets

. require.

royal 8vo. £2 10s boards. 22. That in the first session of every parliament, on the A TREATISE ON THE LAW OF LEGACIES. By day after the last day allowed by the House of Commons for receiving election petitions, and in every subsequent dle Temple Fourth Edition. 2 vols, royal 8vo. £3 38. boards.

Gray's-inn; and by H. H. WHITE, Esq., Barrister-at-Law, of the MM session, as soon as convenient, the Speaker shall by warrant under his hand appoint six members of the House who ROS.COE'S LAW OF NISI PRIUS EVIDENCE. A

Digest of the Law of Evidence on the trial of Actions at Nisi Pela are willing to serve, and against those whose return po By H. ROSCOE, Esq., of the Inner Temple, Barrister-at-Law. Seventh petition is then depending, and none of whom is a petitioner Law. "i vol, royal 12mo. 21s.

Edition, with considerable additions, by E. SMIRKE, Esq. complaining of any election or return, to be members of a committee to be called " The General Committee of Elec- A TREATISE ON THE LAW OF EVIDENCE, a tions ;" and every such warrant shall be laid on the table of American and other Foreign Laws. By JOHN PITT TAYLOR, Dk. the House, and, if not disapproved by the House in the of the Middle Temple, Barrister-at. Law. 2 vols, royal 8vo. £2104 course of the three next days on which the House meets for SELECTION OF LEADING CASES IN Varions the despatch of business, shall take effect as an appointment Esg.. or the inner Temple Barrister-at. Law. Third Edition. By u. 8.

Branches of the Law, with Notes. By JOHN WILLIAM SMITH, of such general committee.

KEATING Esq, and JAMES S. WILLES, Esq., of the Inner Temple, Speaker shall, on or before the third day on which the house Quedlion or Mr. Serjeant Stephen's New commentaries on the Late 23. That if the house disapprove any such warrant the Barristers at. Law. 2 vols, royal 8vo. £2 128.6d.

)on the Second meets after such disapproval, lay upon the table of the house a new warrant for the appointment of six members, qualified rister at-Law. I vol.

8vo, cloth boards, price los. 6d. as aforesaid, and so from time to time until six members have been appointed not disapproved by the house.


ADMINISTRATORS. By EDWARD VAUGHAN WILLIAMS, 24. That the disapproval of the warrant may be either Esq., Barrister-at-Law. Fourth Edition enlarged. ! vols, royal 8vo. general in respect of the constitution of the whole committee,

£3 8s. or special in respect of any member named.

EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, College 25. That the Speaker may, name in the second or any

Green, Dublin, subsequent warrant any of the members named in any former warrant whose appointment has not been disapproved LE


ESTABLISHED 1845. by the house. (To be continued.)

A Meeting of the Members of this Society will be held in their Room, No, 45, MOLES WORTH STREET, on FRIDAY EVENING, the Buch

April' Chair to be taken at Eight o'clock precisely. William Cuffe, Esquire,

Barristers, Law Students, and Graduates of the Universities of Dublin, Piaintia. PURSUANT to the Decree Thomas Young, Esquire, and

made in the first of these Causes, Oxford, and Cambridge, are eligible for admission, others.

Members who have changed their residences, or who have friends ta bearing date the 26th day of November, Defendants.

1814, and the Orders bearing date propose, are requested to communicate with the Secretary. John Morgan, and Catherine the 17th day of November, 1845, 23rd day

JAMES F. WRIGHT, Esq. 11, Lower Ormond Quay, Morgan, his wife, Plaintiffs. ( of February, 1816, and 16th day of June, Thomas Young and Nassau

1818, I will, on Tuesday, the 24th day of Stephens, Executors of

April next, at the hour of One o'clock in William Cuffe, Esquire, the Afternoon of said day, at my Cham.

JAMES O'DRIS COLL, decensed, Defendants.

bers, on the Inns Quay, city of Dublin,
SET UP and SELL to the highest and

PROFESSED TROWSERS MAKER, fairest bidder, ALL THAT AND THOSE the Freehold House and Pre.

9, ANGLESEA-STREET. mises at ROSTREVOR, situate in the County of Down, the property of the late Wheeler Barrington, deceased, for the purposes in said Decree men. tioned

All communications for the IRISH JURIST are to be left, addressed Dated this 31st day of March 1819. For MASTER BROOKE,

to the Editor, with the Pablisher, E. J MILLIKEN, 15, COLLEGE EDWARD LITTON. GREEN. Correspondents will please give the Name and Address

, as the

columns of the paper cannot be occupied with answers to Anonymous The above Premises consist of a capital Dwelling-house, two Stories high, Communications nor will the Editor be accountable for the return of with excellent Coach House and Stabling, Back Yard and Garden, situate Manuscripts, &c. 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

Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL Lives renewable for ever, at the small Yearly Rent of £12 188. 544 present LEGE GREEN, or by letter (post-paid), will ensure its punctual deiver currency, and a Pepper.corn Renewal Fine. The Lot or small piece of

in Dublin, or its being forwarded to the Country, by Post, on the day of Ground, being the passage or gateway leading to the Offices of said Pre

publication. mises, is held under a Lease of Lives and Years, at the Yearly Rent of Is. sterling.

TERMS OF SUBSCRIPTION-(payable in advance): The Premises are at present let to a solvent tenant, at a considerable

Yearly, 30s. Profit Rent. The purchaser can, however, if necessary, obtaiu immediate

Half-yearly, 178. Quarterly, 98 possession,

For further particulars as to the Title, and conditions of sale, apply to Printed by THOMAS ISAAC WHITE, at his Printing Office, Na Robert S. Mayne, the Plaintiffs Solicitor, No. 10, Richmond Place, North, FLEET.STREET, in the Parish of St.

Andrew, and published at Dublin. Thomas Young, Esq. the Receiver, 24, Summer hill, Dublin, or COLLEGEOREÉN, in same Parish, by EDWARD JOHNSTON to Richard Worthington,

Esq., Solicitor for the Defendants, Nolans, MILLIKEN, residing at the same place, all being in the County of tile Minors, 83, Abbey Street, Dublin,

City of Dublin, Saturday, April 14, 1819.


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