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inapplicable to the indictment.
We can scarcely Under the belief that proprietors themselves however, believe that their decision could have would be glad to be rid of properties of which they rested on such a construction, when it is apparent were the mere nominal owners, the Government, from the same section that the Legislature under- last session, brought in a bill to facilitate the salé stood old as well as new treasons to have been of incumbered estates; it might have been more comprised in the first part of the section, as they appropriately designated as the “ Incumbered Bill expressly provided, as we have seen before, for for the Sale of Estates." This belief as to this the case, where the party was indicted for the old anxiety on the part of proprietors, having proved and not “newly declared” treason, of compassing delusive, and the machinery being found not conthe Queen's death, where the overt act was assas- venient for creditors, another Bill
, with in some sination, and enacted that a party indicted for such respects more extensive and in others more limited an offence should not be entitled to the privileges powers, has been introduced this session. previously conferred.
By this concurrent measure, the Government The design, we apprehend, of the 11 & 12 Vic, has endeavoured to aid the operation of the poorwas, to retain as treason all attempts against the law; however, lest the forbearance of creditors person and the life of the sovereign, whether direct might render trifling the operations of the Incumor indirect, whether by open attack against her bered Estates Bill, there are introduced into the life, or by secret designs, as by conspiracy; and present amendment of the Poor-law, enactments to make felony offences which were not directed which will confer upon Government the power of against the life of her Majesty, but against her initiating proceedings for the sale of estates, and at authority.
the same time urge every incumbrancer to press The Irish Judges decided the question on the properties into the market. broad ground, that the privilege conferred by the We allude to the enactments of the 12th and 13th acts of William and Anne on prisoners tried in sections of the bill; the 12th section enacts that England, is not extended to Ireland ; and if their civil bill decrees for the recovery of poor rate, shall decision had been upheld on this ground, we could by a short and simple process, become equivalent have no reason, as lawyers, to be dissatisfied- to judgments recovered in any superior court; and though a grave question of constitutional law has the 13th section enacts, that all judgments obtained been and is involved in the inquiry why this differ for poor rates in a superior court, and all civil bill ence of practice should prevail in the administra- decrees for poor rates, rendered equivalent to judg. tion of the criminal law of the two countries. ments, as provided in the 12th section, shall take
The English judges avoided the substantial priority before all charges and incumbrances whatquestion, decided on a preliminary point, and as- soever--crown and quit rents, tithe rent charge, signed no reason for arriving at their conclusion. and charges existing under the “act to facilitate We cannot, therefore, but feel regret and disap- the improvement of landed property in Ireland," pointment at the abrupt termination of a case which excepted. By the first of these enactments, the involved such important questions, and it is clear it government have secured to themselves the power must have been hurriedly decided, or the judges could of initiating proceedings for the sale of any estate not have stated, as they did, that the counsel for the where the poor rale may be allowed to fall into prisoners contended for the glaring absurdity, that arrear ; by the second, the fears of creditors will be the 36 Geo. 3 extended proprio vigore to Ireland awakened by the knowledge that the proprietor - a position which, we should think, no member of may materially injure their security, merely by the the English or Irish bar ever contended for. non-payment of poor rates.
By persons about to purchase or to take land,
as well as by the une.nbarrassed owners of well Like the former measures for the relief of the circumstanced properties, the limitation of the Poor, the Bill now before the House, to amend amount to which property is chargeable for poor the acts for the more effectual relief of the destitute rate, will be hailed as a boon ; but to embarrassed poor in Ireland, is conversant chiefly with the landlords and tottering farmers it will be of little details of making, levying, and enforcing the pay service--the poor rate yet chargeable is too heavy ment of rates. No section, no line, no word, is for their ruined resources. However, it is no part introduced, indicating the slightest intention on the of the government plan to save men of this classpart of the Government to direct the vast amount they must be cut down as fruitless cumberers of of pauper labour now at their disposal to any work the earth, and their properties, sold at ruinously of public utility or iinprovement.
low prices, will serve to induce capitalists to underAn original policy of the Poor-law-namely, to take the profitable employment of the populationforce proprietors to employ their population in the a task which the government have considered beimprovement of their properties, by presenting to yond their power, or out of their province to unthem the alternatives of exertion or ruin-having dertake. eminently failed among the deeply-incumbered All powerful as may be the effect of thus introestates of the West and South, another and a more ducing“ new energy and new blood" into the decisive policy has been adopted, -namely, to root country, we are not satisfied that in a, "bill to out those owners of property who could not, or amend the acts for the more effectual relief of the would not be roused to exertion, and whose ruin, destitute poor in Ireland," some enactment prounder the operation of the Poor-law, was too slow viding for the useful or profitable employment of for the anxiety of the Government--it may have the able-bodied paupers, was not introduced. Howbeen, for the necessities of the couetry.
ever expeditiously the country muy rigbt itself
under a changed system, a considerable time must fields, replacing waste and desolation-employ. elapse before the surplus labour of the population ment taking the place of out-door relief -- and can be absorbed into the cultivation of the soil, and boards of vice-guardians giving way to men, at in the mean time, the labour test (as it is called) once proprietors and cultivators of the soil. If might, in our opinion, be just as well applied by such a destiny awaits this country, men in a few requiring the recipients of out-door relief to work years will smile at the fears which suggested this at the earth-works of a railroad, as by requiring provision, and will pity the present proprietor, thein to attend at a quarry and break stones; and whore indolence or whose poverty required such the future advancement of the country towards encouragement to stimulate them to exertion ; but prosperity, which is, or ought to be, the aim of all at present the provision is a valuable one, and will those bills, would be much more promoted by the we hope, lead to good results. former course than by the latter. The government By the 5th section, rent-charges, by way of an seem deterred from attempting to turn to any use- nuity and jointure, are made liable to deduction ful purpose the labour of the able-bodied paupers, for poor rates ; but of mortgages and judgments by the recollection of the ill success attending the no notice is taken these still remain unchargeable administration of relief, through employment on the mortgagees and judgment-creditors are en public works; they seem to ascribe as inherent to titled to their full interest, whilst judgments can be the system itself, the errors committed in carrying obtained against the nominal owners of poverty
. it out ; and with such nervous apprehension did stricken and profitless estates for seven shillings in they contemplate any return to this system, that it the pound on their valuations. If the legislature was a long time before the able-bodied paupers have come to the conclusion, that encumbered
prothough fed at the public expense-were allowed to be prietors are an obstacle to the improvement of the employed in rendering the roads which had been country, they seem to have omitted no means of torn up under the Board of Works, and left in an removing them. unfinished state-passable. However, after much delay and expostulation, the paupers were so employed, and as no evil result followed, it formed The uniform practice of the English Courts hos fair subject of hope that the principle that it was in all cases been to refuse the sheriff the costs of dangerous to employ pauper labour usefully” would obtaining the interpleader rule, under the 1 & ? have been ere now deserted.
W.4, c. 58, Eng. In Bryant v. Ikey, (1 Dow. Before, however, the limitation of the amount to P. C. 430,) the Counsel for the sheriff contended which property is liable for poor rate can produce that the class of cases in which the Court had been the full relief intended, a new valuation of the ruined accustomed to refuse the sheriff his costs, were unions will be necessary; the valuation at present those in which there appeared to be a bona fide existing, and according to which rates are now levied, execution on the one side, and a bona fide claim was made before the famine. Two causes have since upon the other; that the execution creditor
, by his conspired to depress the value of land, viz. the fail non-appearance having admitted himself in error, ure of the potato, and the decrease of the population and abandoned his rights, and having improperly -both causes tend to destroy that very minute sub-forced the sheriff into Court, was entitled to his division of land, which, at the same time, produced costs. But the Court said, that if the sheriff were two apparently opposite extremes, the maximum of to be allowed his costs in cases where either the poverty and of rents; a valuation made under these claimant or execution creditor failed to appear, circumstances is greatly disproportionate to the pre-both would appear to save the expense of those sent value of property, and cannot be continued as costs ; that the judges had therefore thought it a basis ou which to levy so heavy a tax as seven better to draw one strict line, and in no case to shillings in the pound. However, to the solvent allow costs to the sheriff. proprietor or purchaser, this limitation will offer This practice, though adopted in the earlier strong inducements to exertion, and if the property cases under the similar act 9 & 10 Vic. c. 64, in of the country is transferred into such hands, we Ball v. Bruen, (Bl. D. & U.) and in a recent case have no doubt a re-valuation would be soon insisted in the Common Pleas, Alexander v. Handy, (11 upon.
Ir. L. Rep. 330,) has not been unanimously apBy another provision the interests of this class proved of in this country, and has been expressly are still further attended to, and their energies over-ruled by the Court of Exchequer in the cases stimulated ; improvements are to remain uncharge of Scully v. Figges, (1 Ir. Jur. 36 Ex.;) Luscombe able with poor rate for seven years. If the bills v. Blake, (ib.) now before the house will produce the effect they The ground upon which the English Courts are expected, and seem calculated to produce, have founded their practice, is, that the Act confers namely, rooting out the present race of encumbered a large benefit upon the sheriff, by relieving him proprietors, and handing over their properties to from a liability he would be otherwise subject to richer and more industrious men—if these new pro- No question turns upon the construction of these prietors, in place of making profit of their pur-acts,' the allowance of costs being in every case chases, by renting them out to small tenants, will entirely in the discretion of the Court. themselves undertake their cultivation, will reside We think the practice adopted by the Court of and give employment-we should expect to see a Exchequer in this country is certainly more just mighty change worked in the appearance and for than that of the English Courts, and is that which tunes of the country, within seven years. Comfort- is adopted in interpleader suits in Equity. Pows v. able farm-houses, hedge-rows and well cultivated Gilhum, (Coop. 56,) Aldridge v. Mesner, (6 Yes.
417,) in which the plaintiff is entitled to his costs office of business, dwelling-house, or last known from the fund in the first instance; and though a place of abode, a bill of such fees, charges, and sheriff cannot proceed for relief in a Court of disbursements, and which bill shall either be subEquity, Kingsley v. Bolton, (1 V. & B. 335,) it is scribed with the proper hand of such attorney or not easy to understand on what principle he is to solicitor (or, in the case of a partnership, by any of be put to expense because the Legislature had the partners, either with his own name or with the lightened a liability incurred in the discharge of name or style of such partnership,) or of the execuhis duty—the principle on which Courts of Equity tor, administrator, or assignee of such attorney or invariably give ordinary persons their costs appear- solicitor, or be enclosed in or accompanied by a ing to be equally applicable to the case of sheriffs. letter, subscribed in like manner, referring to such
bill; and upon the application of the party charge
able by such bill within such month it shall be lawCourt Papers.
ful, in case the business contained in such bill or
any part thereof shall have been transacted in the Chancery.
High Court of Chancery or in any other court of May 29.- The following gentlemen took the usual oaths equity, or in any matter of bankruptcy or lunacy, on being called to the bar:
or in case no part of such business shall have been Andrew William Harnett, Joseph Henry Dunne, William transacted in any court of law or equity, for the Despard, John Dunbar, Michael Morris, James Murphy, Lord High Chancellor or the Master of the Rolls, Daniel O'Connel Riordan, Michael Harrison, Arthur Close, and in case any part of such business shall have been Lesley Sidney Montgomery, John Chute Neligan, John transacted in any other court, for the Courts of Alexander Byrne, George Waters, jun., Walter Robert Queen's Bench, Common Pleas, or Exchequer, or Atkin, Joshua Pim, James Acheson Lyle.
any judge of either of them, and they are hereby
respectively required to refer such bill, and the de 20th March, 1849.
mand of such attorney or solicitor, executor, admi.
nistrator, or assignee thereupon, to be taxed and A BILL FOR CONSOLIDATING AND settled by the proper officer of the court in which
AMENDING SEVERAL OF THE LAWS such reference shall be made, without any money RELATING TO ATTORNIES AND SO being brought into court, and the court or judge LICITORS IN IRELAED.
making such reference shall restrain such attorney Note - The words printed in Italics are proposed to be or solicitor, or executor, administrator, or assignee inserted in committee,
of such attorney or solicitor, from commencing any Whereas it is expedient to amend several of the action or suit touching such demand pending such laws relating to attornies and solicitors practising reference; and in case no such application as afore: in Ireland : be it therefore enacted by the Queen's said shall be made within such month as aforesaid, most excellent Majesty, by and with the advice and that it shall be lawful for such reference to be made consent of the lords spiritual and temporal, and as aforesaid either upon the application of the attorcommons, in this present parliament assembled, and ney or solicitor, or the executor, administrator, or by the authority of the same, that so much of the assignee of the attorney or solicitor whose bill may 7 Geo. 2 as relates to the better regulating the pay have been so as aforesaid delivered, sent, or left, or ment of the fees of attornies and solicitors ; and upon the application of the party chargeable by such also the 1 & 2 Geo. 4, be and the same are hereby bill with such directions, and subject to such condirepealed, save so far as such acts or parts of acts, tions as the court or judge making such reference or any of them, repeal the whole or any part of the shall think proper; and such court or judge may resame or any other act or acts, and also save and strain such attorney or solicitor, or the executor, except so far as relates to any matters or things adıninistrator, or assignee of such attorney or solicidone at any time before the passing of this act, all tor, from commencing or prosecuting any action or which matters and things shall be and remain good, suit touching such demand pending such reference, valid, and effectual to all intents and purposes what- upon such terms as shall be thought proper: prosoever as if this act had not passed, and also save vided always, that no such reference as aforesaid and except as to the recovery and application of any shall be directed upon an application made by the penalty for any offence which shall have been com- party chargeable with such bill after a verdict shall mitted before the passing of this act.
have been obtained or a writ of inquiry executed in II. That from and after the passing of this act any action for the recovery of the demand of such no attorney or solicitor, nor any executor, adminis- attorney or solicitor, or executor, administrator, or trator, or assignee of any attorney or solicitor, shall assignee of such attorney or solicitor, or after the commence or maintain any action or suit for the expiration of twelve months after such bill shall have recovery of any fees, charges, or disbursements for been delivered, sent, or left as aforesaid, except any business done by such attorney or solicitor, under special circumstances, to be proved to the until the expiration of one month after such attorney satisfaction of the court or judge to whom the applior solicitor, or executor, administrator, or assignee cation for such reference shall be made; and upon of such attorney or solicitor, shall have delivered every such reference, if either the attorney or soliunto the party to be charged therewith, or sent by citor, or executor, administrator, or assignee of the the post to or left for him at his counting-house, attorney or solicitor, whose bill shall have been de
livered, sent, or left, or the party chargeable with Prepared and brought in by Mr. George A. Hamilton, such bill, having due notice, sball refuse or neglect and Mr. Napier,
to attend such taxation, the officer to whom such
reference shall be made
may proceed to tax
and settle judge of the superior courts of law or equity to such bill and demand
ex parte; and in case any such authorize an attorney or solicitor to commence an reference as aforesaid shall be made upon the appli- action or suit for the recovery of his fees, charge, cation of the party chargeable with such bill, or upon or disbursements against the party chargeable there the application of such attorney or solicitor, or the with, although one month shall not have expired executor, administrator, or assignee of such attor from the delivery of a bill as aforesaid, on proof to ney or solicitor, and the party chargeable with such the satisfaction of the said
judge that there is pro bill shall attend upon such taxation, the costs of such bable cause for believing that such party is about to reference shall, except as hereinafter provided for, quit Ireland. be paid according to the event of such taxation; IU. That where any person not the party charge
. that is to say, if such bill when taxed be less by a able with any such bill within the meaning of the sixth part than the bill delivered, sent, or left, then provisions herein-before contained shall be liable to such attorney or solicitor, or executor, administra- pay or shall have paid such bill, either to the attorney tor, or assignee of such attorney or solicitor, shall or solicitor, his executor, administrator, or assignea, pay such costs; and if such bill when taxed shall not or to the party chargeable with such bill as afore be less by a sixth part than the bill delivered, sent, said, it shall be lawful for such person, his executor
, or left, then the party chargeable with such bill, administrator, or assignee, to make such application making such application or so attending, shall pay for a reference for the taxation and setlement of such such costs; and every order to be made for such bill as the party chargeable therewith might himself reference as aforesaid shall direct the officer to whom make; and the same reference and order shall be such reference shall be made to tax such costs of made thereupon, and the same course pursued in all ruch reference to be so paid as aforesaid, and to cer- respects, as if such application was made by the tify what upon such reference shall be found to be party so chargeable with such bill as aforesaid : due to or from such attorney or solicitor, or executor, provided always, that in case such application is administrator, or assignee of such attorney or soli- made when under the provisions herein contained a citor, in respect of such bill and demand, and of the reference is not authorized to be made, except under costs of such reference, if payable: provided also, special circumstances, it shall be lawful for the court that such officer shall in all cases be at liberty to or judge to whom sach application shall be made to certify specially any circumstances relating to such take into consideration any additional special cirbill or taxation, and the court or judge shall be at cumstances applicable to the person making such liberty to make thereupon any such order as such application, although such circumstances might not court or judge may think right respecting the pay be applicable to the party so chargeable with the ment of the costs of such taxation : provided also said bill as aforesaid if he were the party making that where such reference as aforesaid shall be made the application. when the same is not authorized to be made, except IV. That it shall be lawful, in any case in which under special circumstances, as herein-before pro- a trustee, executor, or administrator has become vided, then the said court or judge shall be at liberty, chargeable with any such bill as aforesaid, for the if it shall be thought fit, to give any special directions Lord High Chancellor or the Master of the Rolls
, relative to the costs of such reference: provided if in his discretion he shall think fit
, upon the applialso, that it shall be lawful for the said respective cation of a party interested in the property out of courts and judges, in the same cases in which they which such trustee, executor, or administrator may are respectively authorized to refer a bill which has have paid or been entitled to pay such bill
, to refer been so as aforesaid delivered, sent, or left, to make the same, and such attorney's, or solicitor's, or exsuch order for the delivery, by any attorney or so- ecutor's, administrator's, or assignee's demand therelicitor, or the executor, administrator, or assignee upon, to be taxed and settled by the proper officer of any attorney or solicitor, of such bill as aforesaid, of the High Court of Chancery, with such direction and for the delivery up of deeds, documents, or and subject to such conditions as such judge shall papers in his possession, custody, or power, or think fit
, and to make such order as such judge shall otherwise touching the same, in the same manner as think fit for the payment of what may be found due, has heretofore been done as regards such attorney and of the costs of such reference, to or by such or solicitor by such courts or judges respectively attorney or solicitor, or the executor, administrator, where any such business had been transacted in the or assignee of such attorney or solicitor
, by or to court in which such order was made: provided also, the party making such application, having regard to that it shall not in any case be necessary, in the first the provisions herein contained relative to appliinstance, for such attorney or solicitor, or the exe- cations for the like purpose by the party chargeable cutor, administrator, or assignee of such attorney with such bill, so far as the same shall be applicable or solicitor, in proving a compliance of this act, to to such cases; and in exercising such discretion an prove the contents of the bill he may have delivered, aforesaid the said judge may take into consideration sent, or left, but it shall be sufficient to prove that the extent and nature of the interest of the party a bill of fees, charges, or disbursements, subscribed making the application: provided always, that where in the manner aforesaid, or enclosed in or accom- any money shall be so directed to be paid by sucha panied by such letter as aforesaid, was delivered, attorney or solicitor, or the executor, administrator
, sent, or left in manner aforesaid ; but nevertheless or assignee of such attorney or solicitor, it shall be it shall be competent for the other party to show lawful for such judge, if he shall think fit, to order that the bill so delivered, sent; or left was not such the same or any part thereof to be paid to such trusa bill as constituted a bonâ fide compliance with this tee, exécutor, or administrator so chargeable with act: provided also, that it shall be lawful-for-any such bill, instead of being paid to the party making
such application; and when the party making such “month” shall be taken to mean a calendar month; application shall pay any money to such attorney or and every word importing the singular number only solicitor, or executor, administrator, or assignee of shall extend and be applied to several persons, matsoch attorney or solicitor, in respect of such bill, he ters, or things, as well as one person, matter or shall have the same right to be paid by such trustee, thing; and every word importing the plural number executor, or administrator so chargeable with such shall extend and be applied to one person, matter, bill as such attorney or solicitor, or executor, ad or thing, as well as several persons, matters, or ministrator, or assignee of such attorney or solicitor things; and every word importing the masculine
gender only shall extend and be applied to a female V. That for the purpose of any such reference, as well as a male; and the word "person” shall exupon the application of the person not being the tend to any body politic, corporate or collegiate, party chargeable within the meaning of the provi- municipal, civil
, or ecclesiastical, aggregate or sole, sions of this act as aforesaid, or of a party interested as well as an individual, unless in any of the cases as aforesaid, it shall be lawful for such court or judge aforesaid it be otherwise specially provided, or there to order any such attorney or solicitor, or the execu- be something in the subject or context repugnant to tor, administrator, or assignee of any such attorney such construction. or solicitor, to deliver to the party making such ap X. That this act may be amended or repealed by plication a copy of such bill, upon payment of the any act to be passed in the present session of parliacosts of such copy: provided always, that no bill ment. which shall have been previously taxed and settled shall be again referred, unless under special circum
27th April, 1849. stances the court or judge to whom such reference A BILL TO MAKE TEMPORARY PROVI. is made shall think fit to direct a re-taxation thereof. SION FOR A GENERAL RATE IN AID
VI. That the payment of any such- bill as afore OF CERTAIN DISTRESSED UNIONS said shall in no case preclude the court or judge to AND ELECTORAL DIVISIONS IN IRE. whom application shall be made from referring such LAND.* bill for taxation, if the special circumstances of the case shall, in the opinion of such court or judge,
[AS AMENDED BY THE COMMITTEE.] appear to require the same, upon such terms and Whereas, it is expedient, for a limited time, to conditions and subject to such directions as to such make further provision for the relief of the desticourt or judge shall seem right, provided the appli- tute poor chargeable on certain unions and eleccation for such reference be made within twelve ca- toral divisions in Ireland: be it enacted by the lendar months after payment.
Queen's most excellent Majesty, by and with the VII. That in all cases in which such bill shall advice and consent of the Lords spiritual and tem. have been referred to be taxed and settled the offiporal, and Commons, in this present Parliament cer to whom such reference is made shall be at liberty assembled, and by the authority of the same, that to request the proper officer of any other court hav- it shall be lawful for the Commissioners for admiing such an officer to assist him in taxing and settling nistering the laws for the relief of the poor in Ireany part of such bill, and such officer so requested | land, with the approval of the Lord Lieutenant, or shall thereupon proceed to tax and settle the same, other Chief Governor or Governors of Ireland, for and shall have the same powers in respect thereof the time being, during each of the years ending the as upon a reference to him by the court of which he thirty-first day of December, one thousand, eight is such officer, and shall return the same, with his hundred and forty-nine, and the thirty-first day of opinion thereon, to the officer who shall have so re- December, one thousand, eight hundred and fifty, quested him to tax and settle the same.
to fix and declare from time to time the amount of VIII. That all applications made under this act such sum as the said Commissioners shall deem it to refer any such bill as aforesaid to be taxed and necessary should be raised for the purpose aforesettled, and for the delivery of such bill, and for the said, and to assess the same upon the several delivering up of deeds, documents and papers, shall Unions in Ireland in proportion to the annual value be made in the matter of such attorney or solicitor; of the property in each union rateable to the relief and that upon the taxation and settlement of any of the poor, according to the valuation thereof for such bill the certificate of the officer by whom such poor rates in force for the time being ; provided bill shall be taxed shall (unless set aside or altered that the sum so to be levied in any union, in each by order, decree, or rule of court,) be final and con- of the said two years, shall not exceed sixpence in clusive as to the amount thereof, and payment of the the pound on such annual value ; and the said amount certified to be due and directed to be paid Commissioners shall transmit to the Guardians of may be enforced according to the course of the court each Union an order under their seal, stating the in which such reference shall be made; and in case
amount so assessed on such Union, and the amount such reference shall be made in any court of common thereof which shall be leviable on each electoral law it shall be lawful for such court or any judge division of such Union, according to the net annual thereof to order judgment to be entered up for such value of the rateable property in such electoral diamount, with costs, unless the retainer shall have visions respectively. been disputed previous to the commencement of the II. And be it enacted, that the guardians of each taxation, or to make such other order thereon as such union shall, in the rate to be made on each electoral court or judge shall deem proper. IX. That in the construction of this act the word Somerville, and Sir George Grey.
Prepared and brought in by Mr. Bernal, Sir William