Page images


[ocr errors]

Rorice, or if he shall not prove that such cause of | Whereas it is expedient and would tend to the more action arose in the county or place laid as venue in beneficial administration of justice in the Court of the margin of the declaration, then such plaintiff Record of the borough of Dublin and in the courtą shall be nonsuit, or the jury shall find for the defend- of record of other boroughs in Ireland, and would

prevent the improvident and injurious seizure of XIII. That where the plaintiffshall be entitled to goods in such boroughs, if the process now in force recover

, and he shall prove the levying or payment of proceeding by way of attachment of goods for of any penalty or sum of money under any convic-compelling the appearance of a defendant as well as tion or order as parcel of the damages he seeks to the process of foreign attachment in the said courts recover

, or if he prove that he was imprisoned under were to cease and determine: be it therefore enacted such conviction or order, and shall seek to recover by the Queen's most excellent Majesty, by and with damages for any such imprisonment, he shall not the advice and consent of the Lords spiritual and recover the amount of such penalty or sum so levied temporal, and Commons, in this present Parliament or paid, or any sun beyond the sum of two-pence assembled, and by the authority of the same, that as damages for such imprisonment

, or any costs of from and after the passing of this act, it shall not suit whatsoever, if it shall be proved that he was be lawful for any person to proceed by way of attachactually guilty of the offence of which he was so con- meut against the goods of any person or by foreign victed, or that he was liable by law to pay the sum attachinent in any court of record of any borough he was so ordered to pay, and (with respect to such of Ireland. imprisonment) that he had undergone no greater II. And be it enacted, that from and after the punishment than that assigned by law for the offence passing of this act no person shall have power to of which he was so convicted, or for nonpayment of attach the goods of any defendant upon any process the sum he was so ordered to pay.

of attachment issuing out of any court of record of XIV. That if the plaintiff in any such action shall any borough in Ireland to compel such defendant to recover a verdict, or the defendant shall allow judg- give special bail, but that in all cases where the cause

ment to pass by default, such plaintiff shall be en. of action shall amount to the sum of ten pounds or *** titled to costs as if this act had not been passed ; upwards the plaintiff shall proceed by way of pro

or if it be stated in the declaration, that the act cess issuing out of said court, and returnable to the complained of was done maliciously and without

same on or before a certain day to be named and reasonable and probable cause, the plaintiff, if he specified in the said process, and shall serve the derecover a verdict for any damages, or if the defend- fendant or defendants personally with a copy of the ant allow judgment to pass against him by default, said process; and if such defendant or defendants shall be entitled to bis full costs of suit, to be taxed shall not appear at the return of the process, or as between attorney and client; and in every action within four days after such return, in such case it

against a justice of the peace for any thing done by shall and may be lawful to and for the plaintiff or Is him in the execution of his office the defendant, if plaintiffs, upon affidavit having been made and filed te be obtain judgment upon verdict or otherwise, shall in the said court of record of any borough in Irerain in all cases be entitled to his full costs in that behalf, land of the personal service of such process as aforeis to be taxed as between attorney and client. said (which affidavit shall be filed gratis), to enter a al XV. That this act shall extend only to Ireland. common appearance or file common bail for defen

XVI. That this act shall commence and take dant or defendants, and to proceed thereon as if Z effect on the

such defendant or defendants had actually appeared. XVII. After commencement of this act the fol. III. And be it enacted, that such affidavit of serElowing statutes or parts of statutes repealed. 10 vice of such process shall and may be made before Car. I. st. 2. c. 16. (I.) 43 G. 3. c. 143. 43 G. 3. any mayor or recorder of any borough out of the

court of record whereof such process shall issue. XVIII. That this act shall apply for the protec

IV. And be it enacted, that upon every copy of ution of all persons for any thing done in the execu- such process to be served upon any defendant shall

tion of their office, in all cases in which, by the be endorsed a notice to such defendant to the intent provisions of any act or acts of parliament, the and meaning of such service to the effect following; several statutes or parts of statutes herein-before that is to say, mentioned and by this act repealed would have been “ A. B. You are served with this process, to the applicable if this act had not passed.

intent that you may by your attorney appear in the XIX. That this act may be amened or repealed court of record of the borough of at the return by any act to be passed in the present session of thereof, being the day of

in order to your parliament.

defence in this action."

Which said notice shall be signed by the attorney

26th March, 1849. of the plaintii or plaintiffs with his Christian and * A BILL* TO ALTER AND AMEND THE suruame, and thereunto shall be added his place of

LAW RELATING TO PROCEEDINGS residence, and for which notice no fee or reward
BY ATTACHMENTS IN COURTS OF shall be demanded or taken.
RECORD IN THE CITY OF DUBLIN, V. Provided always, and be it enacted, that no
AND OTHER BOROUGHS IN IRELAND. plaintiff shall enter a common appearance, or file
Note.-The words printed in Italics are proposed to be

common bail for any defendant unless the plaintiff inserted in the committee.

or his attorney, or the attorney employed for the • Prepared and brought in by Mr. Reynolds and Mr. purpose of having the process personally served, Richard M. Fox.

sball make affidavit in writing that such plaintiff or

2. c. 141.

[ocr errors]


attorney (as the case may be) knows the person so to above 2d. damages, nor to any costs of suit, nor shall swearing to such service, and that such plaintiff or

the defendant or defendants in such prosecution be fined attorney (as the case may be) believes that such above Is. process has been personally served on the defendant September, 1850, and if parliament be then sitting their

20. That this act shall continue iu force until the lat of at such time as such person shall have sworn to, and further until the end of the then session. in which affidavit the addition and place of residence 21. Act not to affect the rights, &c. of the city of Lon. of the person so swearing to such service shall be don. inserted, which said affidavit shall be filed gratis.

22. That this act may be amended or repealed by any act VI. Provided always, and be it enacted, that to be passed in this session of parliament.

CAP. CVIII. whenever it appears to the court out of which the process issues that all due diligence has been used An act for enabling Her Majesty to establish and maintain

diplomatic relations with the sovereign of the Ronca to have the process of the court personally served,


[4th September, 1848.] yet that under the special circumstances of the case

CAP. CIX. appearing to the court by the affidavit of the plain- An act to authorize the inclosure of certain lands in purse. tiff or his attorney, or the attorney employed for the

ance of a special report of the inclosure commissioners purpose of having the process personally served,

for England and Wales.

[4th September, 1848.] that it was not possible by reasonable diligence to

CAP. CX. effect personal service, that then and in such case it An act to alter the provisions relating to the charges for the shall and may be lawful for the court out of which relief of the poor in unions,

[4th September, 1848.) the process issues to substitute such other kind of

Cap. CXI. service as to them shall seem fit.

An act to amend an act of the tenth year of her present VII. And be it enacted, that so much of an act

Majesty, for amending the laws relating to the removal

of the poor. passed in the third and fourth years of the reign of

[4th September, 1848.)

CAP. CXII. her present Majesty, for the regulation of municipal corporations in Ireland, as relates to the process of An act to consolidate, and continue in force for two years

and to the end of the then next session of parliament

, the attachment of goods and the process of foreign at- metropolitan commissions of sewers. [4th Sept, 1848.

] tachment in the courts of record of boroughs in Ire

Cap. CXIII. land, and is inconsistent with the provisions of this An act for the further amendment of the acts relating to the act, shall be and the same is hereby repealed. Dublin police.

[4th Sep. 1848.] VIII. And be it enacted, that this act may be Sect. 1. Appointment of Clerks and Officers in Dublia amended or repealed by any act to be passed in this

Police Offices vested in the Chief or Under Secre. session of Parliament.

tary of Lord Lieutenant. 2. Immediate Lessor rated under 2 & 3 Vich. c. 78, may be described as the

Immediate Lessor" in (Continued from p. 224.)

certain cases.

3. Powers for the Recovery of Police Taz. Divi. 18. That at the Quarter Sessions for which such notice

sional Justices of Police District in Dublin to shall be given the court shall proceed to hear and determine

have same powers within Dublin Metropolis as the appeal, or they may, if they think fit, adjourn it to the

Justices have in any County in Ireland. following sessions; and upon the hearing of such appeal the

4. Power to Divisional Justices to reduce the line court may mitigate any penalty or forfeiture, or they may

upon Licenses in respect of Carriages under Irish confirin or quash the adjudication, and order any money

Act, 37 G. 3, and to increase the same agria, paid by the appellant, or levied by distress upon his goods,

5. Power to Commissioners of Police to alter Hackney to be returned to him, and may also order such further satis.

Coach Stands, faction to be made to the party injured as they may judge

6. Power 10 Commissioners of Police lo license aty reasonable; and they may make such order concerning the

Stage Carriage or Omnibus to ply in Dublin e costs, both of the adjudication and of the appeal, as they

the District adjoining. may think reasonable.

7. Power to Commissioners to grunt licenses to Driver 19. That in case the mayor or justice to whom the seizure

of Hackney Carriayes, &c. At the time of of any sheep, lambs, or cattle supposed to be infected as

granting license, an Abstract of the Laws and i aforesaid, or of any meat supposed to be unfit for human

Ticket to be given to Driver, &c. food, may have been reported, shall upon inquiry order the

8. A Fee of 28. 6d. to be paid for Licenses granted same to be restored, and in case it appear to such mayor or

under this Act, and Is. for every Reneval. justice that there was a probable cause of seizure, then and

9. Penalty un Persons Acting as Drivers, &'c. without in such case such mayor or justice shall grant a certificate

having Licence and Tickel ; and on proprieters to the party making the seizure that there was such proba

suffering persons to act as Drivers of Conductors ble cause, and in such case the person or persons who made

not beiny licensed. Proviso. such seizure, being a person or persous actiog under the

10. Persons applying for licences to sign o requisition authority of this act, or of any order made in pursuance

accompanied with a certificate, for the same. Pe. hereof, shall not be liable to any action, indictment, or other

nalty or persons making false representatier. suit or prosecution on account of such seizure; and in case

II. When Drivers or Conductors change their residence, ang action, indictment, or other suit or prosecution shall be

they shall give notice to commissioners. coinnenced and brought to trial against any person or per

12. Particulars of Licences to be entered in a book at sous, being a person or persons acting under such authority

the Office of Commissioners, which shall be eri. as aforesaid, on account of the seizure of any animals, parts

dence. of animals, hay, straw, fodder, or other articles seized as

13. Licensed Drivers, gc., to wear their Tickets conforfeited under this act, or of any order or orders made

spicu rusly. under the authority of the same, wherein a verdict shall be

14. Upon Expiration of Licence it shall be delivered up given against the defendant or defendants, if the court or

to Commissioners. Penalty for Neglect. judge before whom such information or suit shall have been

15. When Tickets are defaced or lost, new ones en be tried shall have certitied on the said reoord that there was

delivered, on payment of 2s. for the same. ! & probable cause for such seizure, then the plaintiff, besides

Ticket shall be found, to be delivered up to the the things seized or the value thereof, shall not be entitled

Commissioners. Penalty for Neglecta

[ocr errors]


16. Forgery of License or Ticket, or knowingly uttering * rated instead of such occupier, and such rebate from the a forged License or Ticket, deemed a Misde- rate may be made (not exceeding Ten per Centum) as

the said justices shall by such minute allow, and subject to 17. Proprietor to retain the License of Drivers or Con- such further regulations as in the said act contained :' be

ductors employed by him, and produce them in it enacted, that in any case where the immedidte lessor of case of complaint.

any house or tenement may under the said recited act be 18 Magistrates to hear and determine disputes.

rated instead of the occupier, if at the time of making any 19. Agreements between Drivers, g'c., and Proprietors rate the name of such immediate lessor be not accurately to be in Writing.

known to the persons making the rate it shall be sufficient 20. Proceedings with respect to Licences on quitting to describe him therein as the "immediate lessor," with or Service.

without any name or further addition; and such rate shall 21. Licences may be revoked or suspended by Justices. be held to be duly made on him or her by such description, 2. Perally on Person acting as Driver, whether li- and shall be recoverable from him or her accordingly, not.

ceased or not, without Consent of Proprietor. withstanding any error or defect in his or her name or de23. Punishment for furious Driving and wilful Mis- scription, or the entire omission of such name therein. behaviour.

3. That after the passing of this act the several collectors 4. Providing for cases where more Proprietors than appointed to receive the police tax or rate under the pro

visions of the said recited acts or any of them (after such 25. Poret to mitigate Penalties.

demand made as in the said recited act of the second and 26. Ad may be amended.

third years of her present Majesty's reign mentioned,) in Whereas an act was passed in the forty-eight year of the addition to all other modes and powers heretofore provided iga of his late Majesty King George the Third, for the by any former act or acts, may collect, levy, sue for, and are effectual administration of the office of a justice of the recover the said police tax or rate, or any part of the same ace, and for the more effectual prevention of felonies from all and every persons and person who now are or is or ithin the district of Dublin metropolis, and the said act hereafter shall be liable to pay the same, by all the ways and as amended by an act passed in the fifth year of the reign means, and with the like remedies and powers in case of non(King George the Fourth: and whereas another act was payment, as the grand jury cess, or the money applotted on assed in the session of Parliament holden in the sixth and the several persons liable to pay the same, may be collected enth years of the reign of King William the Fourth, and levied in any county in Ireland; and the divisional jus. thereby a new and more efficient system of police was es.

tices of the police district of Dublin metropolis or any one =ablished within the limits of the said district : and whereas of them shall, for the purposes of raising, levying, or enforcI several acts passed in the first year, and in the sessions ing payment of such police tax or rate, have and exercise

Parliament holden respectively in the first and second, the same powers, authorities and jurisdiction within the second and third, and third and fourth years of her present police district of Dublin metropolis as any justice or justices Majesty's reign, the limits of the said district were altered, of the peace of any county in Ireland has or have or can or and divers enactments made in reference to the said dis- / shall lawfully have or exercise within his or their respective trict

, and for the more effectual maintenance and regulation county with respect to any grand jury cess to be raised of the police therein: and whereas by an act of the fifth within the same. year of ber said Majesty's reign, intituled an act for im- 4. • And whereas by the thirty-seventh year of the reign proving the Dublin police, further provisions were made of his late Majesty King George the Third, an act for elating to the same: and whereas it is expedient to amendamending and reducing into one act of Parliament the laws ertain of the provisions of the said acts in manner follow- | 'reluting to hackney and other carriages plying in the city of

g; and whereas an act was passed in the Parliament of · Dublin, its suburbs and liberties, and within seven miles * Teland in the thirty-seventh year of the reign of his late

thereof, it is, amongst other things, enacted, that the sulajesty King George the Third, intituled an act for amend. • perintendent magistrate, from time to time, may alter and ng and reducing into one act of purliament the laws relat-increase the fines to be paid or the rents upon the licenses ng to hackney and uther carriages plying in the city of

• by him granted under the said act now in recital, provided Jublin, its suburbs and liberties and within seven miles the same be not increased above one fourth part more than hereof, which act has been amended by several subsequent

• the fines and rents thereinbefore mentioned, and to make ets: and whereas by the said recited acts of the thirty

such rules, orders and regulations for the purpose as to him eventh and forty-eight years of the reign of his late Ma

• shall seem meet, and to alter, vary, amend, or annul the esty King George the Third it is, amongst other things,

same, provided every such alteration, rule, order and regurovided, that the superintendent magistrate and divisional

• lation respecting the fines or rents so made by the superastices appointed under the said acts respectively shall

intendent magistrate shall be approved of by the Lord retain and employ certain clerks and other officers, under

• Chancellor or Lords Commissioners of the Great Seal, and ke regulations therein mentioned, and it is expedient to

the Chief Jud es, or any three of them: and whereas no mend the said provisions :' be it therefore enacted by the

power is thereby given to reduce the said fines or rents :' ueen's most excellent Majesty, by and with the advice and be it enacted, that the divisional justices of the said police

useat of the Lords spiritual and temporal, and Commons, district, in case they shall think fit, with the approval of the this present Parliament assembled, and by the authority Lord Lieutenant or other chief governor or governors of f the same, that from and after the passing of this act the Ireland, from time to time may reduce the tines to be paid Ower of appointment of all such clerks and officers as afore- or the rents to be reserved upon the licenses heretofore aid, and of all other clerks in the police department of the

[ocr errors]
[ocr errors]

granted or bereafter to be granted in respect of any car. *kolice district of Dublin metropolis, or in the department riages under the said last recited act, or any act amending relating to such hackney or other carriages as aforesaid, or

the same, or afterwards from time to time, with like apto the receipt of reuts, fines, penalties, or monies in respect

proval, to increase the same as they may see fit, provided of the same, shall be vested in the Chief Secretary or the

that any such fines or rents shall not be increased so as at Under Secretary for the time being of the Lord Lieutenant any time to exceed the amount now payable for the same. or other chief governor or governors of Ireland, and not in

5. That from and after the passing of this act the comor any of them.

missioners of police of Dublin, with the approval of the 2. And whereas by the said recited Act of the second chief or under secretary of the Lord Lieutenant of Ireland, and third years of the reiga of her present Majesty it is,

to appoint or to alter, as occasion may require, the stands amongst other things, enacted, that in any case where

or stations for backney or other carriages, and also stations the value of any house or tenement assessed under the

commonly called hazzards for the same, within the borough said act shall not amount to five pounds, if the occupier

of Dublin and the district adjoining the same, as defined in and his immediate lessor, by any writing under their

the said last-recited act, or any act amending the same. hauds, shall require, and if the said justices shall by a

6. That, potwithstanding anything in the said last-recited minute agree thereto, such immediate lessor shall be

act, or any act or acts, the said Connisviouers of Police

he divisional justices

may license any metropolitan stage carriage or omnibus to such ticket, shall for evory such offence forfeit o sum se ply or carry passengers between any part of the borough of exceeding forty shillings; and every proprietor who shal Dublin and any other part of the said borough or of the knowingly suffer any person not duly licensed under the District adjoining the sanie as defined under the said recited authority of this act to act as driver of any hackney & act of the 37 Geo. 3, or any act amending the same, or other carriage as aforesaid, or as driver or as conductor of between any part of the said district and any other part of any metropolitan stage carriage or omnibus, of which he the said district, and to fix such rates of fines and rents to shall be the proprietor, shall for every such offence forfeita be paid in respect of such licence of any such metropolitan sum not exceeding forty shillings: provided, that nothing stage carriage or omnibus, as the said commissioners shall herein-before contained shall subject to any penalty ay deem it, and as shall be approved by the Lord Lieutenant proprietor who shall employ any unlicensed person to act a or other chief governor or govenors of Ireland ; provided such driver or conductor as aforesaid for any time noter. that such rents and fines shall not exceed the highest rate ceeding twenty-four hours, or any unlicensed person who of reut or tine now or for the being payable in respect of shall be so employed for the said time, upon proof being any other hackney carriage in Dublin, and no other duty adduced by the proprietor, to the satisfaction of the justice shall be payable for the same ; and the provisions of the said before whom such proprietor, driver, or conductor sball be last-recited act, and of any act or acts amending the same, required to attend to answer for such offences respectivels, shall extend and apply to such carriages, and to such rents that such employment was occasioned by unadvoidabile in and fines, so far as the same are applicable.

cessity; and that every proprietor who shall so employ sach 7. That the said commissioners may grant a licence to unlicensed driver or conductor, and every such uulicetused act as driver of hackney, job, and other carriages licensed driver or conductor, shall be subject to all the powers, for the accommodation and conveyance of passengers, or as provisions, and proceedings of and under this act for any driver or as conductor of metropolitan stage carriages or act done by such driver or conductor during such employ

. omnibuses, (as the case may be,) to any person who shall ment, in like manner as if such driver or conductor had produce such a certificate as shall satisfy the said commis- been duly licensed. sioners of his good behaviour and fitness for such situation

(To be continued.) respectively; provided that no person shall be licensed as such driver as aforesaid who is under sixteen years of age;

LIBRARY OF THE and in every such license shall be specified the number of

LATE RIGHT HON. ANTHONY R. BLAKE, LLD. such licence, and the proper name and surname, and place of abode, and age, and a description of the person to whom C

"HARLES SHARPE respectfully announces to the Bar,

that he will have the honour of submitting to AUCTION, & ha such license shall be granted ; and every such license shall Literary Sale Room, Anglesea Street, on THURSDAY NEXT, JUNE bear date on the day on which the same shall be granted, 14th, 1819. and following days (Sunday excepted), the fine and Valuable and shall continue in force until the thirty-first of De


Anthony R. Blake, LLD. cember next after the date; or if granted in the month of The Collection consists of every book requisite for Practice at la November or December in any year, then to continue in

in Equity, including the Statutes at large, (ante and port Union), the lies

Books, Reports, (Ancient and Modern). Howell's State Trials, Hansen force until and upon the thirty first day of December in the Parliamentary Debates, &c. all in neat bindings, with a fine copy of the year next following that in which the same shall be granted, LIBER MUNERUM PUBLICORUM HIBERNIE, 2 vols. folie, bele except the same shall be sooner revoked, and except the

Sale to commence each day at Three o'clock, for the convenience

of the Profession. time (if any) during which any such license shall be suspended ; and on every license of a driver or conductor the

12mo. price 25. 60.--by Post, 33 said commissioners shall cause proper columns to be prepared, in which every proprietor (if any) employing the A TREATISE ON THE LAW OF INTERPLEADER,

containing all the Reported Cases in this Country and in England driver or conductor named in such license shall enter his with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Form of own name and address, and the days on which such driver

Affidavits, Rules, Orders, and the Record on a Feigned lasue. By Jou

BLACKHAM, Esq., Barrister-at. Law, or conductor shall enter and shall quit his service respec

EDWARD J. MILLIKEN, 15, COLLEGE GREEN tively; and in case any of the particulars entered or endorsed upon any licence in pursuance of this act shall be erased or defaced, every such licence shall be wholly void,

JAMES O'DRIS COLL, and of none effect; and the said commissioners shall, at

PROFESSED TROWSERS MAKER the time of granting any licence, deliver to the driver or

9, ANGLESEA.STREET, conductor to whom the same shall be granted an abstract of the laws in force relating to such driver or conductor, IRISH MANUFACTURE INDIAN RUBBER BLACK: and of the penalties to which he is liable for any misconduct, and also a metal ticket, on which there shall be


It makes the Leather soft, pliant, and even Waterproof, sold by the marked or engraved his office or employment, and a number Bootinakers and Giocers through the City, in Bottles at id. 8d. and Is. each, corresponding with the number which shall be inserted in

N.B.--Country Shopkeepers treated with on the most Liberal Terriss such licence.

Sir, 8. That there shall be charged upon and in respect of "I have examined your Indian Rubber Blacking. and find it made of every such license to be granted under the authority of those materials which are most proper for such a composition. It has some this act a fee of two shillings and six peuce, and upon susceptible of a very high polish, it does not soil, and its perihanet et every renewal of such licence a sum of one shilling, to be on the leather is of a beneficial character.

Portobello March się

"THOMAS ANTISELL paid to the said Commissioners, and to be by thein applied, Mr. Kelly,

Laturer on Chemistry." after payment of the expense of such ticket, for the purposes of the said police tax or rate.

All communications for the IRISH JURIST are to be left, addressed 9. That from and after the first of January, 1849, no

to the Editor, with the Publisher, E. J MILLIKEN, IS, CULLFOX

GREEN, Correspondents will please give the Naine and Adkiress, as the person shall act as driver of any hackuey or other carriage columns of the paper cannot be occupied with answers to Anonymous as aforesaid, or as driver or conductor of any Metropolitan Communication--nor will the Editor be accountable for the retura di stage carriage or omnibus, whether such persou shall or

Manuscripts, &c. shall not be the proprietor of such carriage, within the Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL. limits of the said Police district, unless in each case such

LEGE GREEN, or by lettel (post.paid), will ensure its punctual delivery

in Dublin, or it being forwarded to the Country, by Paul, on the dasd person shall have a license so to do, and a numbered ticket publication. granted to him under the authority of this act, and remain- TERMS OF SUBSCRIPTION-(payable in advance): iny in force ; and after the day last aforesaid every person Yearly, 30s. Half-yearly, 17s. who shall act as such driver or conductor without such licence and ticket, and also every person to whom a liceuse Printed bv THOMAS ISAAC WHITE, at hle Printing Office, Na and ticket shall have been grauted, who shall, except in

FLEET.STREET, in the Parish or St Andrew, and published at 1
COLLEGFOREEN, in same Parish, by EDWARD

JOHNSTON compliance with the provisions of this act, transfer or lead MILLIKEN, residing at the same place, all being in the County of that such license, or permit any other person to use or

Cuy of Dublin. baturday, June 9, 1849

Quarterly, Øs.


Irish Jurist

No. 33.-Vol. I.
JUNE 16, 1849.


Per Annum, £i 10.

Single Number, Id. 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 :

ROBERT LONG, Esq., Court of Chancery, in

Court of Exchequer S John BLACKHAN, Esq., and and cluding Bankruptcy


A. HICKEY, Esq., Barristers-at.
John Pitt KENNEDY, Esq., Bar-

Appeals ......
Queen's Bench, includ-( FLORENCE

MCARTHY, Esq., and

ing Civil Bill and Re- SAMUEL V. Peet, Esq., Rolls Court....... WILLIAM John DUNDAS, Esq., gistry Appeals. ... Barristers-at-Law. Barristers-at-Law.

Exchequer of Pleas, in. Cuas. H. HEMPhill, Esq., and CHARLES HARE HEMPHILL, Esq. cluding Manor Court WILLIAM HICKSON, Esq., Bar

and Equity Exchequer .......

and Registry Appeals. risters-at-Law.
risters-at Law.

Common Pleas.


Admiralty Court ......

| Robert Griffin, Esq. and W.G. | CAAMNEY, Esq. Barristers-at-law.



DUBLIN, JUNE 16, 1849.

ceiver should only be called on to account once in five years, the property over which he had been appointed being only £10 a-year! Darley v. Hun

ter, (ante p. 194.) We should be glad to know how The apathy of Irish members when questions of much of that £10 a-year found its way into the hands practical importance are brought or proposed to be of the creditor. Assuming Mr. Vereker's estimate brought under the consideration of the House has in his pamphlet, “ Economic Consideration of the been frequently the subject of public comment and Judgment Acts,” of the expense to be correct-and public condemnation. This feeling of indifference we have every reason to confide in its accuracy was strongly exemplified on Thursday, the 7th, the costs of appointing and completing the appointwhen no House was made for Mr. Osborne's motion ment of a receiver, where the petition is unopposed, to inquire into the system of Chancery Estate Ma- would amount to £50; adding to this the annual nagement.

expense of accounting, it is obvious that years would The honorable member, not dismayed by the stretch into infinity before this miserable property supineness of the Irish representatives, managed, could pay the debt. The Master of the Rolls rewith considerable tact, and in a speech delivered fused, and very properly refured to comply with the with great earnestness and much happiness of ex. application, in order that he might shew the utter pression, incidentally to bring the whole question uselessness of proceeding against so small a property. under the consideration of the House on the succeed. Whilst we write we are informed that on Wednes. ing evening during the debate on the Irish Poor day last an application was made to the Master of Laws, and to carry his point, aided by Mr. Napier, the Rolls to extend a receiver where the debt was in obtaining a Committee of Inquiry. We augur only £5! The expense of extending a receiver is great public benefit from a thorough investigation estimated at about £25, his Honour was coerced by into this system of monster evil; we observe, by the the act of Parliament, and was obliged to make the statement of Lord John Russell, that it had already order. occupied the attention of our Chancellor, who has The Court of Exchequer hesitated for some time submitted to the Government a plan for its amend before they drew up an order for the appointment ment. This much we know, that no half measure of a receiver over £20 a-year, but were coerced by will be of efficacy to remove this mighty sore which the statute, and obliged to make the appointment. is all but cancerous. It has spread through the whole It is not merely that the punishment is severe in island, it has removed, from its natural control, a mil- the extreme upon the unfortunate debtor, that we lion and a half of rental, and vested the power of denounce the ruinous tendency of the Judgment the proprietor in an executive which cannot, and if Acts, and the management of estates by Courts of it could, does not know how to use it. The system Equity; the penalty may be, and often is disprogoes on still with remorseless energy, and threatens portioned to the offence, but if it would deter imto absorb the whole country within its grasp, nothing providence and check extravagance, the sanction of too vast, nothing too small for its meshes, proper- the law would be wholesome; it is because that'peties of £10,000 and £10 a-year come equally within nally affects not merely the debtor but the creditor, its scope. A very few weeks since we reported an the owner, and the tenant, the individual and the application to the Master of the Rolls that the Re. nation, that we have written against it." "Tlie Coin.

« EelmineJätka »