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accordingly over the whole thereof, or over so much rents and hereditameuts, only (including lands and thereof, as should appear to be sufficient for the hereditaments which may be of copyhold tedure) purposes of paying the sum due on such judgment as the person against whom execution is so sued, or recognizance: and it was enacted, that a judg- or any person in trust for him, is seized or pos ment already entered up, or to be thereafter en- sessed of, at the time when such writ of elegit is tered up, against any person in any of her Majes- delivered to the sheriff or other officer to be executy's superior courts at Dublin, should operate as a ted, or over which the person against whom execharge upon all lands, tenements, rectories, advow cution is so sued has, at the time when such writ of sons, tithes, rents, and hereditaments, including elegit is delivered as aforesaid, any disposing power lands and hereditaments of copyhold tenure, of or which he might, without the assent of any other to which such person should at the time of entering person, exercise for his own benefit, which lands, up such judgment, or at any time afterwards, be tenements, rectories, tithes, rents and hereditaments seized possessed, or entitled for any estate or inter- by force and virtue of such execution shall accordest whatever at law or in equity, whether in pos- ingly be held and enjoyed by the party to whom session, reversion, remainder, or expectancy, or such execution shall be so made and delivered, subover which such person should at the time of enter-ject to such account in the court out of which such ing up such judgment, or at any time afterwards, execution shall have been sued out, as a party to have any disposing power which he might without whom execution is made and delivered under the the assent of any other person exercise for his own provision hereby repealed of the said act of the benefit, and should be binding as against the per- fourth year of Her Majesty, is made subject to onson against whom judgment should be so entered der such provision. up, and against all persons claiming under him after III. And be it enacted, that any creditor under such judgment, and should also be binding as against a judgment entered up as aforesaid after the said the issue of his body, and all other persons whom 31st day of December, 1849, on which a writ of he might, without the assent of any other person, eligit has been sued out, shall have the same rigbts cut off and debar from any remainder, reversion, and remedies in equity, upon and in respect of sach or other interest in or out of any of the said lands, lands, tenements, and hereditaments as might under tenements, rectories, advowsons, tithes, rents, and this act be delivered in execution under such elegit, hereditaments, and that every judgment creditor as such creditor might have had in respect of the should have such and the same remedies in a court lands, tenements, and hereditaments, or moiety of of equity against the hereditaments so charged by lands, tenements, and hereditaments, which might virtue of that act, or any part thereof, as he would have been delivered in execution under a writ of be entitled to in case the person against whom such elegit in case the provisions hereby repealed of the judgment should have been so entered up, had pow- said acts of the sixth year of King William IV, and er to charge the same hereditaments and had, by of the fourth year of her Majesty had not been writing under his hand, agreed to charge the same enacted. with the amount of such judgment debt and inter- IV. And be it enacted, that in the administraest thereon, subject to the provisoes in such acttion in courts of Equity of the assets of any person contained ; and by the lastly-recited act the effect against whom any judgment may be entered up as of judgments in the superior courts of common law aforesaid, who shall die seised of or entitled to any was given to certain decrees, orders, and rules for estate or interest in lands, tenements, or heredita. payment of monies, costs, charges, and expenses : ments, the judgment creditor shall under such judg. and whereas, it is expedient to amend the law con- ment have the same rights upon and in respect of cerning judgments in Ireland: be it enacted by the such lands, tenements, and hereditaments as if this Queen's most Excellent Majesty, by and with the act had not been passed. advice and consent of the Lords spiritual and tem- V. Provided always, and be it enacted, that poral, and Commons, in this present Parliament every conveyance and other act whatsoever of and assembled, and by the authority of the same, that concerning lands, tenements, hereditaments which from and after the 31st day of December, 1849, all under an act of the Parliament of Ireland passed in the provisions of the said acts of the 9th and 25th the tenth year of King Charles I, intituled “ Ao years of King George the Second, relating to judg- act against covenous and fraudulent conveyances," ments, statutes staple, and statutes merchant, and would be deemed void against purchasers for money the recited provisions of the said acts of the sixth or other good consideration, shall be void as against year of King William the Fourth, and the 4th year any judgment creditor whose judgment shall bave of Her Majesty, shall be repealed, save so far as been entered up before such conveyance or other respects judgments entered up, recognizances en- act, and the like execution and other remedies may tered into, and decrees, orders, and rules made on be had under such judgment in respect of such lands, or before the said 31st day of December, 1849. tenements, and hereditaments as if such conveyance

II. And be it enacted, that the sheriff or other or other act had not been made or done: provided officer to whom any writ of elegit, or any precept also, that nothing herein contained shall in anywise in pursuance thereof, is directed at the suit of any affect the provisions of the same act concerning conperson upon any judgment entered up after the 31st veyances and other acts had or made to the intent day of December, 1849, in any action in any of Her to delay, hinder, or defraud creditors. Majesty's superior courts at Dublin, shall make and VI. And be it enacted, that all decrees and orders deliver execution unto the party in that behalf su- of the Court of Chancery, and of the Court of Exing of all such lands, tenements, rectories, tithes, chequer at the Equity side thereof, and all rules of any of the superior courts of Common Law, and all

CAP. CXXXIII. orders of the Lord Chancellor or Master of the Rolls or of the Court of Commissioners of Bankruptcy, Anact to amend the laws relating to Savings Banks in Ire.


[5th September, 1848.] and all orders of the Lord Chancellor in matters of Lunacy, to which the effect of judgments in the su- Sec. I. So much of 7 8 8 Vic. c. 83, as relates to limiting perior courts of common law was given by the said

Responsibility of Truclees of Savings Banks in act of the fourth year of her Majesty, shall, where

Ireland repealed. such decrees, orders and rules respectively shall be 2. Power to Trustees and Managers to limit their Remade after the said 31st day of December, 1849,

sponsibility. have the effect of judgments in the superior courts 3. Appointment of Auditors. of conmon law entered up after the said 31st day of 4. Depositor's Book to contain Copy of Rules. DuDecember, 1849, and the persons to whom any mo- plicate Copy of certified Rules, 8c., to be exhibited nies, costs, charges, and expenses are by such de

in Office. crees, orders and rules respectively directed to be 5. Rules to provide for Production and Inspection of paid, sball have the remedies to which judgment

Books. creditors under judgments so entered up will have

6. No Fee to Barrister in certain Cases. and be entitled to.

7. Commissioners may close Account with Savings VII. And be it enacted, that any judgment, rule,

Banks in certain Cases, and re-open them if they

think fit. or order of any inferior court of record, which, after the 31st day of December 1849, shall, under the 8. Term of Act. provisions of the said act of the fourth year of Her 9. Act may be amended, gc, Majesty, be removed into any of Her Majesty's su

• Whereas it is expedient to amend the laws relating to perior courts of record at Dublin, shall have no

savings banks in Ireland, and to make other and addifurther force or effect than a judgment recovered in tional provisions respecting such savings banks :' be it or a rule or order made by, such superior court enacted, that so much of an act passed in the 7 & 8 Vic. c. after the said 31st day of December, 1849; but, 83, as relates to limiting the responsibility of trustees and save as aforesaid, any judgment, rule, or order so managers of savings banks in Ireland, except as to any removed shall be subject to the provisions of such liability incurred or to be incurred before the 20th of No

vember, 1849. last-mentioned act in relation to judgments, rules, or orders removed into any of such superior courts. 2. That from and after the 20th of November, 1848, any

VIII. And be it enacted, that such new or altered trustee or manager of a savings bank in Ireland who has writs shall be sued out of the courts of law and declared or shall declare, in writing under his hand deposited equity, and court of commissioners of bankrupt, as

with the commissioners for the reduction of the national may by such courts respectively be deemed neces

debt, that he is willing to be answerable for a specific

amount only, such amount being in no case less than one sary or expedient for giving effect to the provisions hundred pounds, shall not be liable to make good any defiherein-before contained, and in such forms as the ciency which may thereafter arise in the funds of such savings judges of such courts respectively, shall, from time bank beyond the amount specified in such writing : provided to time think fit to order, and the execution of such that the trustee and manager of every savings bank in Irewrits shall be enforced in such and the same man

land shall be personally liable for all monies actually received ner as the execution of writs of execution is now

by him on account of or to and for the use of such institution, enforced, or as near thereto as the circumstances of the rules of the institution; and an extract of this provision

and not paid over and disposed of in the manner directed by the case will admit, and that any existing writ, the shall be enrolled as one of the rules of every such savings form of which shall be in any manner altered in bank, and printed and affixed in every office or place where pursuance of this act shall, nevertheless, be of the deposits are received, with the names and places of resisame force and virtue as if no alteration had been

dence of the trustees and managers for the time being, and made therein, except so far as the effect thereof the amount, if any, to which they have collectively or in.

dividually limited their responsibility. may be varied by this act.

IX. And be it enacted, That this act may be 3. That the trustees of each savings bank in Ireland shall, amended or repealed in this present session of Par- as soon as conveniently may be after the passing of this act, liament.

and from time to time in case of a vacancy, appoint an audi. tor or auditors to audit the accounts of the said institution, as well as to examine and inspect the books of the several de.

positors; and the said trustees shall, immediately after such (Continued from p. 264.)

appointment, transmit the signature, name, and address of

the said auditor or auditors to the commissioners for the reCAP. CXXXI.

duction of the national debt; and the trustees of every sav,

ings bauk shall cause the annual and other statements required An act to amend, and continue until the 1st of November,

to be transmitted under the acts relating to savings banks to 1849, and to the end of the then next session of parlia- be certified and verified by the auditor or auditors appointed ment, an act to make provision for the treatment of poor

by the said trustees, in addition to the attestation by tius, persons afflicted with fever in Ireland.

tees and managers now required by the said acts; and shall [5th September, 1848.] also cause a certificate from the said auditor or auditors as

to the result of his or their examination of such of the deposi. CAP. CXXXII.

tors books as may have been produced to him or them for An act for the appointment of additional taxing masters for examination to be transmitted with the said annual state

the High Court of Chancery in Ireland, and to regulate ment to the said commissioners : provided that the trustees the appointment of the principal assistants to the masters of any such savings bank may agree with the trustees of in the superior courts of law in Ireland.

any other savings bank or banks as to the appoinment of a (5th September, 1848.] common auditor or auditors ; and the auditor or auditors so the ing any further account with the trustees thereof, and to American and other Foreign Laws. By JOHN PITI TAYLOR, Eq. direct that no further sum shall be received at the bank of of the Middle Temple, Barrister-at. Law. 2 vols, royal 8vo. 2210 Ireland from the trustees of such savings bank to the account of the commissioners until such time as such commis: A SELECTION OF LEADING CASES IN Various

appointed for all the said banks shall be deemed and taken,

NEW LAW BOOKS, as soon as the signature, name, and address shall have been transmitted by each such bank to the said commissioners,

Lately published by to be the auditor or auditors of each such bank.

EDWARD J, MILLIKEN, 15, COLLEGE GREEN, 4. That every depositor in every savings bank in Ireland

Just published, price 31., by post 3s, Bd. on his first deposit shall be furnished with a deposit book, LA

AW OF DEBTOR AND CREDITOR IN IRELAND. in which shall be printed at length a copy of the certified

The new Act for the abolition of arrest for sums under ten pound rules of the savings bank in which he shall make such de. the Peace, with a full commentary, Index, Notes and Forma, adapted

and for the recovery of the possession of small tenements before Juniores e posit, and that a duplicate copy of the certified rules, and the professional and trading classes. of every alteration and amendment thereof, and a duplicate

By WILLIAM GERNON, Esq., Barrister-at-law, copy of every annual statement or account required by and " The concise and lucid style in which the subject of this work in treated furnished to the said commissioners, signed by two trustees

cannot fail to render it clear and intelligible to the most limited caperity. or managers of any such savings bank, shall be from time and the public at large." – Freeman's Journal. to time exhibited in the office of such savings bank, and and the whole is a very good available summary which will be found alle shall be open to the inspection of every depositor or person useful to the Lawyer, the Magistrate, the Proprietor of landed properties intending to be such,


12mo. Second Edition, Price 2s.6d. --by post, 30. 5. That the rules of every saving sabark on ihreland shear THEA to facilitat en les Sade

direction habered Estates in ending on the 20th of November, on which the book of each the provisions ot the Act,) for the Sale of Lands subject to Incansblusen depositor shall be produced at the office of the said savings

By W. M. M'CAY, Esq., Solicitor, bank for the purpose of being inspected, examined, and

" This book should be in the hands of every one interested in last verified with the books of the institution by the auditor or

estates, or the securities affecting them."

--Dublin Evening Mail.

" It possesses the valuable quality of being intelligible to the nan pre, auditors; and in case the said book shall not be produced lessional, as well as instructive to the professional reader.”-Freeman', on or before the last of the days mentioned in any one year

Journal ending as aforesaid, the said account shall be closed, and

12mo. price 2s. 60.- by Post, &s. all interest shall cease to accrue on the sums deposited from A TREATISE ON THE LAW OF INTERPLEADER.

containing all the Reported Cases in this country and in England the last day of the year in which the said book should have with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Farnese been so produced, in the case of every depositor who shall Affidavits, Rules, Orders, and the Record on a Feigned losue belangen

BLACKHAM, Esq., Law. have received notice to produce his said book, and of every

8vo. price 169.-free by Post. depositor in a savings bank the rules of which provide for

A PRACTICAL TREATISE ON PLEADING BY the production of deposit book once in each year: provided BILL in the COURTS OF EQUITY in IRELAND; adapted to nevertheless, that the trustees or managers shall have the the General Orders. By ALFRED M'FARLAND, Esq., Barrister.Az Lan. power to re-open the said account, but only to allow interest thereon from the time when the same shall have been


(including Registry and Civil Bill Appeals,) DECIDED in the SUPE re-opened, unless the trustees shall be satisfied that such RIOR COURTS, and at the AFTER SITTINGS; with Inder and depositor has been prevented by some sufficient cause from Esqrs., Barristers at-Law. Part iv., completing Vol. 1., price 5s,

Table of Cases. By J. BLACKHAM, W. J. Dundas, and R, W. Osgotat, producing the deposit book at the time so specified ; and an

Edition of Mr. Serjeant Stephen's New Commentaries on the lans of England. By JAMES STEPHEN, Esg of the Middle Temple, Bar.

rister at. Law. I vol. 8vo, cloth boards, price 10s. 6d. 6. That no fee shall be payable to the barrister for certifying the rules of savings banks in any case where his cer- CONCISE FORMS OF WILLS, with Practical Notes. tificate is required only in consequence of the insertion of

By W. HAYES and T. JARMAN, 4th Edition, cloth bds, 158. this provision in the rules of any savings bank.

on the Law of Husband and Wife as respects Property, partly founded 7. That if it shall appear to the satisfaction of the said upon Roper's Treatise, and comprising Jacobs" Notes and Addition thereta commissioners that the clauses of the said recited act and

By J. E.'WRIGHT, Esq. of the Inner Temple, Barrister-at-Lar. I vola, this act, or the orders, directions, and regulations of the royal 8vo. £2 108. boards, said. commissioners, signified by the comptroller general to A TREATISE ON THE LAW OF LEGACIES. B the trustees of any savings bank in Ireland, have not been

Gray's.inn; and by H. H. WHITE, Esq.,, of the Mid. eomplied with by the trustees or managers of any savings dle Temple Fourth Edition, 2 vols, royal 8vo. £3 36. boards, bank in Ireland, the said commissioners, may close the account of the said savings bank, and discontinue the keep- A TREATISE ON THE LAW.OF EVIDENCE,

Branches of the Law, with Notes. By JOHN WILLIAM SMITH, sioners shall think proper : provided that the said commis. Esg.. of the Inner Temple, Law. Third Edition, Ry H. sioners may re-open and allow the growing interest of such

KEATING, Esq, and "JAMES S. WILLES, Esq., of the loner Terpe

Barristers at. Law2 vols, royal 8vo. £2 12s.6d. accounts during the time of such discontinuance, and authorize the receipt of money at the bank of Ireland, when. ever the said commissioners shall think fit, upon such trustees

All communications for the IRISH JURIST are to be left, strand

to the Editor, with the Publisher, E, J MILLIKEN, 15, COLLIOE complying with the directions of such commissioners; and GREEN. Correspondents will please give the Name and Address, as the the said commissioners shall forthwith publish a notifica

columns of the paper cannot be occupied with answers to Anonymous

Communications nor will the Editor be accountable for the return of tion of such account being closed, or of the same being re- Manuscripts, &c. opened, in the Dublin Gazette, and also in some newspaper published in the county in which the said savings bank shall be established.

Orders for the IRISH JURIST left with E. J. MILLIKEN, 16, COL. LEGE GREEN, or by letter (post-paid), will ensure its punctual delivery

in Dublin, or its being forwarded to the Country, by Post, on the daralt 8. That this act shall continue and be in force until the publication. Ist of January, 1850, and until the end of the then next

TERMS OF SUBSCRIPTION- 1-(payable in advance): session of parliament.

Yearly, 30s. Half-yearly, 178 9. That this act may be amended or repealed by any act to be passed in this session of Parliament.

Printed by THOMAS ISAAC WHITE, at his Printing Office, Ne, , FLEET STREET, in the Parish of St. Andrew, and published COLLEGE.OREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the Coasty of the City of Dubdia. Saturday, June 30, 1849

Quarterly, 96

Irish Jurist

No. 36.-Vol. I.

JULY 7, 1849.


Per Annum, £1 10s.

Single Number, add. 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 :

Robekt LONG, Esq., Court of Chancery, inand

Court of Exchequer S JOHN BLACKHAN, Esq., and cluding Bankruptcy Jons Pirt Kennedy, Esq., Bar


A. Hickey, Esq., Barristers-at.

Law. Appeals ...... risters-at-Law.

Queen’s Bench, includ-S FLORENCE M'Carthy, Esq., and WILLIAM BURKE, 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- ( Cnas. H. HEMPHILL, Esq., and CHARLES HARE HEMPHILL, Esq. cluding Manor Court William HickSON, Esq., Bar. and

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

risters-at Law.

Common Pleas.......... S ROBERT GRIFFIN, Esq. and W. G.

CHAMNEY, Esq. Barristers-at-law. Bankrupt Court....... { ROBERT GRLrPin, Esq. and W.G.

Admiralty Court...... { COVASNE , Esq. Barristers-at-law. Esq. at

DUBLIN, JULY 7, 1849.

by the sheriff; but, with this exception, the law of elegit is proposed to be restored to the same posi

tion as before the passing of Sir Michael O'LoghThe very extensive alteration proposed in the law len’s Act. The opponents of the proposed meawith regard to judgments, and the importance of sure rest their opposition to it on various grounds ; the subject, induce us again to recur to it.

amongst others, that after great deliberation the The opinions of some of the ablest members of law was advisedly changed in 1840, by making the profession and of the judicial bench, are di- judgments a charge upon lands; that frequent muvided on the question of the Judgment Acts. On tation in legislation, more especially when the the one hand, it is contended, that the assurance by movement is a retrograde one, is unwise, its effect judgment has been found so mischievous where the being to create a disturbance in the law and a entry of the judgment operates as a charge upon shock to public credit, and to establish a different land, that the entire repeal of the statutes which code for the same mode of assurance, the security make it such a charge, and which confer upon being different as respects judgments prior to 1850, the creditor the power of appointing a receiver, and those subsequent to that date ; that the secu would be most desirable.

rity by judgment has for more than a century been The arguments on this side of the question are

a favourite one in this country, and, under certain based on the mischiefs which have flowed, from the restrictions, a very couvenient one; that judgments facilities given to incumber, froin the universality need not necessarily prove an impediment to the of the effect of judgments—attaching not only on

transfer of land; and that, conceding to the fullest the debtor's then existing, but on all his after ac

extent the mischiefs created by the “fatal facility” quired property-froin the impediments thrown in in appointing receivers, it would be much better the way of the transfer of land, and from the fear to improve the system of managing estates under fully accumulating mass of property placed under

our Courts of Equity, than, by taking away the the control of Courts of Equity, whereby the rela- jurisdiction alluded to, to allow a recurrence to an tion of landlord and tenant is at once severed, and incomparably worse mode of management, by properties and people alike wasted and ruined.

which the creditor takes possession of the estate, Actuated by this reasoning, the Government subject to an account in a Court of Law ! have introduced a measure prospectively doing

It was in fact the evils of elegits and custodiams, away with the power of assigning judgments, mak- the inapplicability of Courts of law, from their ing them no longer a charge upon lands until exe.

constitution and want of machinery, to take accution has been sued out, and then only a charge counts, protect the unfortunate tenant, and preupon that property of the debtor which at the time

vent the collusion of the inheritor; that induced the of the delivery of the writ to the sheriff, the debtor Legislature to pass the Sheriff's Act. It requires sas seized of, or had a disposing power over ; and

a strong argument to shew why the steps of the taking away altogether the jurisdiction of Courts of Legislature should be retraced, and none whatever Equity to appoint receivers. The statute of has been shewn, the Solicitor-General having Westminster is so far altered, that the entirety and stated no reasons for the change, when he intronot a muiety of the debtor's lands is to be delivered | duced the bill.

For our own part, we subscribe to the reasons ings are taken in the name of A. Bo the assignee, of the opposition ; the evils incident to the security rather that of c. D, the assignor? If the assignby judgment can be very well combatted in detail; ment be recognized at Law, the former will be able at least, the public mind is not prepared for so case; if only in Equity, the latter ; but the progreat a change as that contemplated. It is too ceedings are taken no less, we admit

, with greater late to recede from the principle of the 3rd & 4th embarrassment to the creditor-an object not Vic; of this opinion, at least, is Sir Edward Sug- desirable. den, who proposes a modification and not a repeal. The grounds of opposition to the security by

He would have no receiver appointed for a debt judgment are, however, more tenable, when it is under a certain limit-say, £100, nor until the compared with the security by mortgage—the judgment was a year old. That portion of the great defect of the former being its want of specik. statute which gives the judgment creditor who ap- cation ; it is a sort of voracious monster, that points the receiver priority for his costs, should be seizes on every present and future interest. repealed, and the costs should follow, as in causes,

We should be rejoiced to have the charging the priority of the demand, and the amount real- effect of a judgment assimilated to that of a morta ized should be distributed likewise according to gage—the lands that are intended to be bound priority. These changes, apparently unimportant, being specified in the judgment; in fine, to have a would have a most beneficial effect in limiting the sort of statutable mortgage. If this object were number of applications for receivers with which attainable—the management of property under our our Courts now swarm. We look for the mitiga- courts of Equity improved—a limit placed as to the tion, if not the removal, of the national evil in- amount for which a judgment by confession could flicted by such appointments, to an improved ad- be obtained—and a time fixed after its entry, prior ministration of property by our Courts of Equity. to which a receiver could not be 'procured-the

There is a vast amount now under its control ; costs of that receiver's appointment made to rank there always will be a certain number of cases in with the demand, and be entitled to no prioritswhich a sale would not be desirable.

we believe such a change in the law would be acBy vesting in a concentrated body power to man- ceptable to the great body of the profession and to age, to improve, the debtor's estate, the benefit, so the country generally. It would at least be a more far as public good is concerned, is incalculably easy preparation for a change than the present greater than that to be derived from doing away violent and sudden measure. with the office of receiver, and permitting the cre- It would not be discordant with the present lav, ditor to take possession, without any other object and it certainly is advantageous, to preserve ani than that of wresting his money from the lands. formity of principle and practice,,with reference to

Look to the abuses of the old system,—its ex- the same security. pense-its tendency to produce litigation—to foster By the 2nd section of the new bill, the judg. fraud-and its various imperfections, and no man ment will not operate against lands, until the writ practically acquainted with them but will deplore be delivered to the sheriff

, so that all conveyances its revival.

and mortgages for good consideration made interCan it be intended that the creditor must issue mediately between even the execution and the dehis writ of elegit—that the sheriff is to impannel no livery of the writ will defeat and delay the judg

. jury, though supposed to hold an inquisition as to ment creditor. the value of the lands--that a fictitious finding of Will this provision, or will it not, open a door is to be binding as to that value — that after to fraud ? Will the action of ejectment, founded that expense and circuity are performed, there re- on the sheriff's return, be a mere form, or very often mains behind an action of ejectment, its delays, its a seriously contested one? Will litigation be expense-and that all this antiquated, obsolete thereby checked or promoted ? process is to be adopted for the recovery of a debt Is the English Solicitor-General, to whom all of record? Can it be intended to open a fresh legislative activity for this country is confided, door to fraud, in accounting before a tribunal aware of what the old practice was, with reference unfit to take the account?

to the inquisition by the sheriff, and the supposed Whether we contemplate the general scope of jury—that it was all a fiction—that the sheriff for the proposed measure or its particular provisions, his fee gave what appraised value, and what return we view it as fraught with danger, and we sin- the creditor pleased ? cerely trust that it will not be pressed forward or Has he ever been informed of the difficulties of made the law of the land.

procuring a proper account in a court of law? of That portion of the statute which repeals the 9 | the bills to account that have sprung from that diffiGeo. 2, c. 5, and the 25 Geo. 2, c. 14, and makes culty ? judgments no longer assignable at law, we think Has he taken into consideration, with regard to objectionable.

purchasers, the inexpediency of having the sheriff's In England, judgments are assignable only in court the court of record for judgments which bind Equity, the assignment being effected indirectly land, when elegit after elegit will be poured in, and and expensively which here is made directly and no power to put the creditor in privity with the comparatively inexpensively. If the power of fund ? assignment be permissible in any form, we hold It would be well that at least some few of the that to be the best which gives the assignee all the salient defects of the system should be pointed out powers of the assignor. How does it affect the before he involves the country in mischiefs which it estate or the debtor more injuriously, that proceed. will not be very easy to remove.

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