417,) in which the plaintiff is entitled to his costs from the fund in the first instance; and though a sheriff cannot proceed for relief in a Court of Equity, Kingsley v. Bolton, (1 V. & B. 335,) it is not easy to understand on what principle he is to be put to expense because the Legislature had lightened a liability incurred in the discharge of his duty-the principle on which Courts of Equity invariably give ordinary persons their costs appearing to be equally applicable to the case of sheriffs.

A BILL FOR CONSOLIDATING AND AMENDING SEVERAL OF THE LAWS RELATING TO ATTORNIES AND SO LICITORS IN IRELAED.*

Note —The words printed in Italics are proposed to be inserted in committee,

Whereas it is expedient to amend several of the laws relating to attornies and solicitors practising in Ireland: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that so much of the 7 Geo. 2 as relates to the better regulating the pay. ment of the fees of attornies and solicitors; and also the 1 & 2 Geo. 4, be and the same are hereby repealed, save so far as such acts or parts of acts, or any of them, repeal the whole or any part of the same or any other act or acts, and also save and except so far as relates to any matters or things done at any time before the passing of this act, all which matters and things shall be and remain good, valid, and effectual to all intents and purposes whatsoever as if this act had not passed, and also save and except as to the recovery and application of any penalty for any offence which shall have been committed before the passing of this act.

II. That from and after the passing of this act no attorney or solicitor, nor any executor, administrator, or assignee of any attorney or solicitor, shall commence or maintain any action or suit for the recovery of any fees, charges, or disbursements for any business done by such attorney or solicitor, until the expiration of one month after such attorney or solicitor, or executor, administrator, or assignee of such attorney or solicitor, shall have delivered unto the party to be charged therewith, or sent by the post to or left for him at his counting-house,

• Prepared and brought in by Mr. George A. Hamilton, and Mr. Napier.

office of business, dwelling-house, or last known place of abode, a bill of such fees, charges, and disbursements, and which bill shall either be subscribed with the proper hand of such attorney or solicitor (or, in the case of a partnership, by any of the partners, either with his own name or with the name or style of such partnership,) or of the executor, administrator, or assignee of such attorney or solicitor, or be enclosed in or accompanied by a letter, subscribed in like manner, referring to such bill; and upon the application of the party chargeable by such bill within such month it shall be lawful, in case the business contained in such bill or any part thereof shall have been transacted in the High Court of Chancery or in any other court of equity, or in any matter of bankruptcy or lunacy, or in case no part of such business shall have been transacted in any court of law or equity, for the Lord High Chancellor or the Master of the Rolls, and in case any part of such business shall have been transacted in any other court, for the Courts of Queen's Bench, Common Pleas, or Exchequer, or any judge of either of them, and they are hereby respectively required to refer such bill, and the demand of such attorney or solicitor, executor, administrator, or assignee thereupon, to be taxed and settled by the proper officer of the court in which such reference shall be made, without any money being brought into court, and the court or judge making such reference shall restrain such attorney or solicitor, or executor, administrator, or assignee of such attorney or solicitor, from commencing any action or suit touching such demand pending such reference; and in case no such application as afore. said shall be made within such month as aforesaid, that it shall be lawful for such reference to be made as aforesaid either upon the application of the attorney or solicitor, or the executor, administrator, or assignee of the attorney or solicitor whose bill may have been so as aforesaid delivered, sent, or left, or upon the application of the party chargeable by such bill with such directions, and subject to such conditions as the court or judge making such reference shall think proper; and such court or judge may restrain such attorney or solicitor, or the executor, administrator, or assignee of such attorney or solicitor, from commencing or prosecuting any action or suit touching such demand pending such reference, upon such terms as shall be thought proper: provided always, that no such reference as aforesaid shall be directed upon an application made by the party chargeable with such bill after a verdict shall have been obtained or a writ of inquiry executed in any action for the recovery of the demand of such attorney or solicitor, or executor, administrator, or assignee of such attorney or solicitor, or after the expiration of twelve months after such bill shall have been delivered, sent, or left as aforesaid, except under special circumstances, to be proved to the satisfaction of the court or judge to whom the application for such reference shall be made; and upon every such reference, if either the attorney or solicitor, or executor, administrator, or assignee of the attorney or solicitor, whose bill shall have been delivered, sent, or left, or the party chargeable with such bill, having due notice, shall refuse or neglect to attend such taxation, the officer to whom such

reference shall be made may proceed to tax and settle such bill and demand ex parte; and in case any such reference as aforesaid shall be made upon the application of the party chargeable with such bill, or upon the application of such attorney or solicitor, or the executor, administrator, or assignee of such attorney or solicitor, and the party chargeable with such bill shall attend upon such taxation, the costs of such reference shall, except as hereinafter provided for, be paid according to the event of such taxation; that is to say, if such bill when taxed be less by a sixth part than the bill delivered, sent, or left, then such attorney or solicitor, or executor, administrator, or assignee of such attorney or solicitor, shall pay such costs; and if such bill when taxed shall not be less by a sixth part than the bill delivered, sent, or left, then the party chargeable with such bill, making such application or so attending, shall pay such costs; and every order to be made for such reference as aforesaid shall direct the officer to whom such reference shall be made to tax such costs of ruch reference to be so paid as aforesaid, and to certify what upon such reference shall be found to be due to or from such attorney or solicitor, or executor, administrator, or assignee of such attorney or solicitor, in respect of such bill and demand, and of the costs of such reference, if payable: provided also, that such officer shall in all cases be at liberty to certify specially any circumstances relating to such bill or taxation, and the court or judge shall be at liberty to make thereupon any such order as such court or judge may think right respecting the payment of the costs of such taxation: provided also, that where such reference as aforesaid shall be made when the same is not authorized to be made, except under special circumstances, as herein-before provided, then the said court or judge shall be at liberty, if it shall be thought fit, to give any special directions relative to the costs of such reference: provided also, that it shall be lawful for the said respective courts and judges, in the same cases in which they are respectively authorized to refer a bill which has been so as aforesaid delivered, sent, or left, to make such order for the delivery, by any attorney or so'licitor, or the executor, administrator, or assignee of any attorney or solicitor, of such bill as aforesaid, and for the delivery up of deeds, documents, or papers in his possession, custody, or power, or otherwise touching the same, in the same manner as has heretofore been done as regards such attorney or solicitor by such courts or judges respectively where any such business had been transacted in the court in which such order was made: provided also, that it shall not in any case be necessary, in the first instance, for such attorney or solicitor, or the executor, administrator, or assignee of such attorney or solicitor, in proving a compliance of this act, to prove the contents of the bill he may have delivered, sent, or left, but it shall be sufficient to prove that a bill of fees, charges, or disbursements, subscribed in the manner aforesaid, or enclosed in or accompanied by such letter as aforesaid, was delivered, sent, or left in manner aforesaid; but nevertheless it shall be competent for the other party to show that the bill so delivered, sent, or left was not such a bill as constituted a bonâ fide compliance with this act: provided also, that it shall be lawful for any

judge of the superior courts of law or equity to authorize an attorney or solicitor to commence an action or suit for the recovery of his fees, charges, or disbursements against the party chargeable there with, although one month shall not have expired from the delivery of a bill as aforesaid, on proof to the satisfaction of the said judge that there is probable cause for believing that such party is about to quit Ireland.

III. That where any person not the party charge. able with any such bill within the meaning of the provisions herein-before contained shall be liable to pay or shall have paid such bill, either to the attorney or solicitor, his executor, administrator, or assignee, or to the party chargeable with such bill as aforesaid, it shall be lawful for such person, his executor, administrator, or assignee, to make such application for a reference for the taxation and setlement of such bill as the party chargeable therewith might himself make; and the same reference and order shall be made thereupon, and the same course pursued in all respects, as if such application was made by the party so chargeable with such bill as aforesaid: provided always, that in case such application is made when under the provisions herein contained a reference is not authorized to be made, except under special circumstances, it shall be lawful for the court or judge to whom such application shall be made to take into consideration any additional special circumstances applicable to the person making such application, although such circumstances might not be applicable to the party so chargeable with the said bill as aforesaid if he were the party making the application.

IV. That it shall be lawful, in any case in which a trustee, executor, or administrator has become chargeable with any such bill as aforesaid, for the Lord High Chancellor or the Master of the Rolls, if in his discretion he shall think fit, upon the application of a party interested in the property out of which such trustee, executor, or administrator may have paid or been entitled to pay such bill, to refer the same, and such attorney's, or solicitor's, or executor's, administrator's, or assignee's demand thereupon, to be taxed and settled by the proper officer of the High Court of Chancery, with such directions and subject to such conditions as such judge shall think fit, and to make such order as such judge shall think fit for the payment of what may be found due, and of the costs of such reference, to or by such attorney or solicitor, or the executor, administrator, or assignee of such attorney or solicitor, by or to the party making such application, having regard to the provisions herein contained relative to applications for the like purpose by the party chargeable with such bill, so far as the same shall be applicable to such cases; and in exercising such discretion as aforesaid the said judge may take into consideration the extent and nature of the interest of the party making the application: provided always, that where any money shall be so directed to be paid by such attorney or solicitor, or the executor, administrator, or assignee of such attorney or solicitor, it shall be lawful for such judge, if he shall think fit, to order the same or any part thereof to be paid to such trus tee, executor, or administrator so chargeable with such bill, instead of being paid to the party making

No. 32. VOL. I.

PRICE

Per Annum, £1 108. Single Number, 9d.

THE Incumbered Estates bill has passed its third reading in the House of Commons with only twelve dissentient voices. Whatever may be its effect on the destinies of the country-whether it will be the means of driving out poverty and desolation and introducing capital and wealth, or, like its elder brother, remain a dead letter on the statute bookit will soon be the law of the land.

If it does not succeed its failure will not be attributable to any complication of machinery, any dif ficult or technical processes, obstructing the simplicity of its operation, at least no obstacle of this kind is created by the bill; unlike its predecessor, the present bill indicates or requires no defined course of procedure, it merely hints that the first step shall be by application to the Commissioners according to forms framed and to be circulated by themselves; it leaves all other and further processes entirely at their discretion, subject to a continuing or disallow ing power entrusted to the Irish Privy Council, except in cases where no general rule may happen to apply, when the Commissioners are given an unshackled discretionary power. The bill declares the intention of the Legislature, confers powers on the Commissioners to enable them to carry out this intention, but leaves the details of the machinery entirely to themselves.

Professing ourselves favourable, as we have always been, to every useful measure of law reform, we confess we cannot look with entire satisfaction upon the whole of this measure. It creates a new tribunal for a limited period with the largest possible powers, over the most delicate of all subjects of legislation-questions of property. No one can be more sensible than we are of the sad state of the

Court of Exchequer

Chamber......

Queen's Bench, including Civil Bill and Registry Appeals...... Exchequer of Pleas, including Manor Court and Registry Appeals. Common Pleas ..... Admiralty Court......

JOHN BLACKHAM, Esq., and
A. HICKEY, Esq., Barristers-at-
Law.

FLORENCE M'CARTHY, Esq., and
SAMUEL V. PEET, Esq.,
Barristers-at-Law.

CHAS. H. HEMPHILL, Esq., and WILLIAM HICKSON, Esq., Bar

risters-at-Law.

J ROBERT GRIFFIN, Esq. and W. G. {CHAMNEY, Esq. Barristers-at-law.

( ROBERT GRIFFIN, Esq. and W. G. CHAMNEY, Esq. Barristers-at-law,

south and west of Ireland, where vast districts are in the hands of nominal proprietors, whose embarrasments, either self-created, or derived from several generations of improvident forefathers, render them altogether unable to discharge the duties of property, more especially to a people who have always lived on the verge of destitution, and who now, by the visitation of Providence, have passed that verge, and are dying by thousands of famine and plague.

Sensible then of the necessity that property should be transferred, it is not the fact of transfer that we comment on. The bill has certainly many advantages; and, first, the Commissioners are empowered to sell, and give an indefeasible title; the difficulty of making title to estates, both extra-judicially and judicially, was one of the many elements which hitherto prevented their free sale, this difficulty the Legislature now removed by giving the Commissioners a power to confer on the purchaser, on his payment of the purchase-money, a good title against all the world, the inducements held out to them are twofold, sales will be rendered quick and cheap, aud the purchaser completely secure in the possession of his purchase.

The cheapness and quickness of sale will be an encouragement as well to incumbrancers to sell, as to capitalists to buy; many incumbrancers-those whose securities possess a low priority-have been deterred from taking any steps towards the sale of a property, by the fear that the cost, added to the depreciated value of the estate, would exhaust the fund created by the sale before those charges were

reached. Those fears, as far as the costs are coucerned, the legislature has taken much pains to dispel, as direct provisions are introduced against them, no fees being allowed to any officer under the commission, except a very trifling remuneration for copying orders; and the Commissioners are even precluded from making fees payable by auy