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appointed for all the said banks shall be deemed and taken, as soon as the signature, name, and address shall have been transmitted by each such bank to the said commissioners, to be the auditor or auditors of each such bank.

4. That every depositor in every savings bank in Ireland

on his first deposit shall be furnished with a deposit book, in which shall be printed at length a copy of the certified rules of the savings bank in which he shall make such deposit, and that a duplicate copy of the certified rules, and of every alteration and amendment thereof, and a duplicate copy of every annual statement or account required by and furnished to the said commissioners, signed by two trustees or managers of any such savings bank, shall be from time to time exhibited in the office of such savings bank, and shall be open to the inspection of every depositor or person intending to be such.

5. That the rules of every savings bank in Ireland shall specify a number of days, not less than two in every year ending on the 20th of November, on which the book of each depositor shall be produced at the office of the said savings bank for the purpose of being inspected, examined, and verified with the books of the institution by the auditor or auditors; and in case the said book shall not be produced on or before the last of the days mentioned in any one year ending as aforesaid, the said account shall be closed, and

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the last day of the year in which the said book should have been so produced, in the case of every depositor who shall have received notice to produce his said book, and of every depositor in a savings bank the rules of which provide for the production of deposit book once in each year: provided nevertheless, that the trustees or managers shall have the power to re-open the said account, but only to allow inte

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extract of this provision shall be enrolled as one of the rules QU

of every savings bank.

6. That no fee shall be payable to the barrister for certifying the rules of savings banks in any case where his certificate is required only in consequence of the insertion of this provision in the rules of any savings bank.

7. That if it shall appear to the satisfaction of the said commissioners that the clauses of the said recited act and this act, or the orders, directions, and regulations of the

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the trustees of any savings bank in Ireland, have not been complied with by the trustees or managers of any savings 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, 25

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8. That this act shall continue and be in force until the 1st of January, 1850, and until the end of the then next session of parliament.

9. That this act may be amended or repealed by any act to be passed in this session of Parliament,

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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 :

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THE very extensive alteration proposed in the law with regard to judgments, and the importance of the subject, induce us again to recur to it.

The opinions of some of the ablest members of the profession and of the judicial bench, are divided on the question of the Judgment Acts. On the one hand, it is contended, that the assurance by judgment has been found so mischievous where the entry of the judgment operates as a charge upon land, that the entire repeal of the statutes which make it such a charge, and which confer upon the creditor the power of appointing a receiver,

would be most desirable.

The arguments on this side of the question are based on the mischiefs which have flowed, from the facilities given to incumber, from the universality of the effect of judgments-attaching not only on the debtor's then existing, but on all his after acquired property-from the impediments thrown in the way of the transfer of land, and from the fearfully accumulating mass of property placed under the control of Courts of Equity, whereby the relation of landlord and tenant is at once severed, and properties and people alike wasted and ruined. Actuated by this reasoning, the Government have introduced a measure prospectively doing away with the power of assigning judgments, making them no longer a charge upon lands until exe cution has been sued out, and then only a charge upon that property of the debtor which at the time of the delivery of the writ to the sheriff, the debtor was seized of, or had a disposing power over; and taking away altogether the jurisdiction of Courts of Equity to appoint receivers. The statute of Westminster is so far altered, that the entirety and not a moiety of the debtor's lands is to be delivered

Court of Exchequer

Chamber......

·

Queen's Bench, including Civil Bill and Registry Appeals....

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

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

Exchequer of Pleas, in- (CHAS. H. HEMPHILL, Esq., and
WILLIAM HICKSON, Esq., Bar-

cluding Manor Court

and Registry Appeals.

risters-at-Law.

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by the sheriff; but, with this exception, the law of elegit is proposed to be restored to the same position as before the passing of Sir Michael O'Loghlen's Act. The opponents of the proposed measure rest their opposition to it on various grounds; amongst others, that after great deliberation the law was advisedly changed in 1840, by making judgments a charge upon lands; that frequent mutation in legislation, more especially when the movement is a retrograde one, is unwise, its effect being to create a disturbance in the law and a shock to public credit, and to establish a different code for the same mode of assurance, the security being different as respects judgments prior to 1850, and those subsequent to that date; that the secu rity by judgment has for more than a century been a favourite one in this country, and, under certain restrictions, a very convenient one; that judgments need not necessarily prove an impediment to the transfer of land; and that, conceding to the fullest extent the mischiefs created by the "fatal facility" in appointing receivers, it would be much better to improve the system of managing estates under our Courts of Equity, than, by taking away the jurisdiction alluded to, to allow a recurrence to an incomparably worse mode of management, by which the creditor takes possession of the estate, subject to an account in a Court of Law!

It was in fact the evils of elegits and custodiams, the inapplicability of Courts of law, from their constitution and want of machinery, to take accounts, protect the unfortunate tenant, and prevent the collusion of the inheritor, that induced the Legislature to pass the Sheriff's Act. It requires a strong argument to shew why the steps of the Legislature should be retraced, and none whatever has been shewn, the Solicitor-General having stated no reasons for the change, when he introduced the bill.

ings are taken in the name of A. B., the assignee, rather that of C. D., the assignor? If the assignment be recognized at Law, the former will be the case; if only in Equity, the latter; but the ceedings are taken no less, we admit, with greater embarrassment to the creditor-an object not desirable.

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The grounds of opposition to the security by judgment are, however, more tenable, when it is compared with the security by mortgage-the great defect of the former being its want of specification; it is a sort of voracious monster, that seizes on every present and future interest. We should be rejoiced to have the charging

For our own part, we subscribe to the reasons of the opposition; the evils incident to the security by judgment can be very well combatted in detail; at least, the public mind is not prepared for so great a change as that contemplated. It is too late to recede from the principle of the 3rd & 4th Vic; of this opinion, at least, is Sir Edward Sugden, who proposes a modification and not a repeal. He would have no receiver appointed for a debt under a certain limit-say, £100, nor until the judgment was a year old. That portion of the statute which gives the judgment creditor who appoints the receiver priority for his costs, should be repealed, and the costs should follow, as in causes, the priority of the demand, and the amount real-effect of a judgment assimilated to that of a mort ized should be distributed likewise according to priority. These changes, apparently unimportant, would have a most beneficial effect in limiting the number of applications for receivers with which our Courts now swarm. We look for the mitigation, if not the removal, of the national evil inflicted by such appointments, to an improved administration of property by our Courts of Equity. There is a vast amount now under its control; there always will be a certain number of cases in which a sale would not be desirable.

By vesting in a concentrated body power to manage, to improve, the debtor's estate, the benefit, so far as public good is concerned, is incalculably greater than that to be derived from doing away with the office of receiver, and permitting the creditor to take possession, without any other object than that of wresting his money from the lands.

Look to the abuses of the old system,-its expense-its tendency to produce litigation-to foster fraud and its various imperfections, and no man practically acquainted with them but will deplore its revival.

Can it be intended that the creditor must issue his writ of elegit-that the sheriff is to impannel no jury, though supposed to hold an inquisition as to the value of the lands-that a fictitious finding of is to be binding as to that value-that after that expense and circuity are performed, there remains behind an action of ejectment, its delays, its expense-and that all this antiquated, obsolete process is to be adopted for the recovery of a debt of record? Can it be intended to open a fresh door to fraud, in accounting before a tribunal unfit to take the account?

Whether we contemplate the general scope of the proposed measure or its particular provisions, we view it as fraught with danger, and we sincerely trust that it will not be pressed forward or made the law of the land.

That portion of the statute which repeals the 9 Geo. 2, c. 5, and the 25 Geo. 2, c. 14, and makes judgments no longer assignable at law, we think objectionable.

In England, judgments are assignable only in Equity, the assignment being effected indirectly and expensively which here is made directly and comparatively inexpensively. If the power of assignment be permissible in any form, we hold that to be the best which gives the assignee all the powers of the assignor. How does it affect the estate or the debtor more injuriously, that proceed

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gage-the lands that are intended to be bound being specified in the judgment; in fine, to have a sort of statutable mortgage. If this object were attainable-the management of property under our courts of Equity improved-a limit placed as to the amount for which a judgment by confession could be obtained—and a time fixed after its entry, prior to which a receiver could not be procured-the costs of that receiver's appointment made to rank with the demand, and be entitled to no prioritywe believe such a change in the law would be eceptable to the great body of the profession and to the country generally. It would at least be a more easy preparation for a change than the present violent and sudden measure.

It would not be discordant with the present law, and it certainly is advantageous, to preserve uniformity of principle and practice, with reference to the same security.

By the 2nd section of the new bill, the judg ment will not operate against lands, until the writ be delivered to the sheriff, so that all conveyances and mortgages for good consideration made intermediately between even the execution and the delivery of the writ will defeat and delay the judg ment creditor.

Will this provision, or will it not, open a door to fraud? Will the action of ejectment, founded on the sheriff's return, be a mere form, or very often a seriously contested one? Will litigation be thereby checked or promoted?

Is the English Solicitor-General, to whom all legislative activity for this country is confided, aware of what the old practice was, with reference to the inquisition by the sheriff, and the supposed jury-that it was all a fiction-that the sheriff for his fee gave what appraised value, and what return the creditor pleased?

Has he ever been informed of the difficulties of procuring a proper account in a court of law? of the bills to account that have sprung from that difficulty?

Has he taken into consideration, with regard to purchasers, the inexpediency of having the sheriff's court the court of record for judgments which bind land, when elegit after elegit will be poured in, and no power to put the creditor in privity with the fund?

It would be well that at least some few of the salient defects of the system should be pointed out before he involves the country in mischiefs which it will not be very easy to remove.

Here we have a machinery by which all the lands

THE tenure of lands under leases for lives contain-held under leases of lives with a covenant of perpe

ing covenants for perpetual renewal has been a source of much litigation and great practical inconvenience. For the second time an act of Parliament has been introduced abolishing prospectively estates of this character, and providing for the conversion of those at present existing into estates of inheritance in fee simple, subject to perpetual yearly feefarm rents.

This conversion is intended to be carried out by petition to the Court of Chancery or Equity Exchequer by the owner of any lease or underlease, that grants may be made to and accepted by all lessees in perpetuity at the same time that he applies to have his own leasehold interest converted into a tenure in fee, and thus, no matter how many derivative interests in perpetuity may exist between the owner in fee and the last lessee in perpetuity, this lessee may have at once all the superior interests converted into estates of inheritance in fee simple, subject to a fee-farm rent.

tual renewal may, at the option of the lessees, be converted into estates of inheritance in fee simple, subject to a fee-farm rent and certain conditions and reservations contained in the leases—these conditions and reservations may, by the agreement of the parties, be commuted into an increase of rent, and the rent itself may also, by the arrangement of the parties, be exchanged for a portion of the very land thus leased in perpetuity; so that it is possible for the lessee to get rid both of the conditions, reservations, and rent itself, by the allocation of a part of his land, and hold the remainder in fee simple discharged from any duty whatsoever.

But while power is thus given to be discharged, of the rent, by agreement between the parties, great facilities are conferred for its recovery; in case it be made payable in the grant, it is made recoverable by distress, ejectment for non-payment of rent, action of debt, covenant, and all other ways, means, remedies, actions, suits, or otherwise, by which rent serThe amount of these fee-farm rents is the sub- vice reserved on any common lease or demise, for a ject of a simple calculation: in cases where the fines life or lives, is, or may be, by law recoverable. In payable on the fall of a life are only nominal, the actions of replevin, debt, or covenant, or other profee-farm rent is to remain the same as the rent re- ceeding founded on the grant, proof that the plaintiff served in the lease about to be converted. In cases or other person, or any person or persons through where the fines are not nominal the fee-farm rent is whom he claims, has or have been in the possession to be the aggregate amount of the reserved rent or receipt of such fee-farm rent for three years, shall and the value of the renewal fine and fees (if any), be sufficient evidence of the title of the plaintiff or such value to be estimated with regard to the other properson thereto. However, to counterbalance bable duration of the subsisting term, the average these powers, the time for redemption in case of duration of life, and the respective periods of renewal, ejectment for non-payment of rent, is much extended. but without regard to, and exclusively of any penal Any person having an interest in the lands out of rent or sums made payable on neglect, delay or re- which such fee-farm rent is payable, having it in fusal to apply or take renewal, and in the event of his power, on the person who has made default in the parties differing as to the value of the annual the payment, failing to redeem within six months value of the renewal fines and fees, a power is given after execution executed, to do such acts, and take to apply to the Court of Chancery or the Court of such proceedings for the redemption of the lands Exchequer in a summary way by petition to have from the said judgment and execution, within nine the amount determined. months after execution executed, as mortgagees of a lease might do or take, for the redemption of the lease, and making any money advanced for such redemption a lien and charge, not only upon the estate and interests of the person who has made default in payment of the rent, but upon all the inheritance upon which such estate or interest is subsisting, in priority to all other interests and charges whatsoever upon such inheritance, save charges created under the acts relating to the drainage of lands, and improvement of lands in Ireland.

In addition to the fee-farm rent the party whom this act requires to make the grant in fee simple is entitled to the benefit of all covenants and conditions for payment of rent and otherwise, and all reservations contained in the lease about to be converted, (except the covenant to grant, or to accept, or to take a renewal,) as well as all covenants that by law run with the land; and power is given, on the agreement of the parties, to commute any of these covenants, conditions or reservations for an increase in the fee-farm rent, excepting covenants, which interfere with the proper cultivation of the soil, which covenants the lessees are empowered to require should be done away with, the fee-farm rent to be increased so as to compensate for the value of such covenants, such value (in case of difference between the parties) to be determined by the Court of Chancery or Equity Exchequer on application made for that purpose; and a further power is given, on consent of both parties, by which the lessee may allocate a portion of the land comprised in his lease, in fee simple in lieu of the fee-farm rent which would be otherwise payable under the grant, or such fee-farm rent or any art thereof may be made payable out of any ient part of the lands-the residue of the lands discharged therefrom.

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There is nothing to regret in the abolition of a species of tenure, under which great parts of the land in this kingdom were held. By the proposed enactment, the rights of all parties concerned are protected; the lessors are secured in the payment of their reserved rents, the value of their renewal fines, their covenants, reservations, and conditions, or the value of them, if they agree to commute them for an increase of rent; the lessees are protected from litigation, are given a secure and quiet tenure, as long as they continue to perform the stipulated services, and the possibility of freeing themselves, in favourable circumstances, from all conditions, covenants, reservations, or rent. security of tenure will have any influence in raising the condition, and increasing the industry and

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wealth of the occupier of land in this country, this act will be found of great public utility.

By it, likewise, a distinct species of property, hitherto exempt, will be rendered liable to taxation for the support of the poor, as it is expressly enacted, that where any fee-farm rent made payable by any grant under this act is greater in amount than the rent reserved in the lease or underlease in perpetuity to the owner of which such grant is made, the party paying such rent shall be entitled to deduct from the party receiving the same, the proper poundage in respect of the poor's rate, from the portion of such rent which by virtue of this act is added to the amount of rent previously payable. Now, the addition to be made to the amount of rent previously payable will be the value of the renewal fines, fees, and commuted conditions, covenants, and reservations: so that thus renewal fines, fees, and the value of conditions, covenants, &c., will be thus rendered liable to poor rate. Holding, as we do, that no individual should be permitted to plead exemption from contributing to the support of the poor, by reason of his enjoying some peculiar species of property, we are glad to see the Legislature thus seizing on opportunities, as they offer, for extending the area over which this tax shall be spread.

The rapidity with which this enactment will succeed in converting leases with covenants for perpetual renewal into estates of inheritance in fee simple, subject to fee-farm rents, will depend entirely on the estimate which the owners of such leases will form of the advantages to be derived from these conversions; but however rapid or tardy this conversion may be, the Legislature have provided that no leases with covenants for perpetual renewal shall henceforward be created; "every lease with a covenant for perpetual renewal made after the passing of this act, shall, notwithstanding anything herein contained to the contrary, operate as a conveyance of the lands specified therein to the intended lessee, his heirs and assigns, for ever, at a fee-farm rent equal to the rent expressed to be reserved in such lease; and all reservations of fines or fees, and covenants for their payment, shall be altogether void."

The power of ejectment where there is no reversion, is wisely bestowed; we anticipate its extension to all cases of rents reserved by leases, irrespective of the consideration, whether the term be co-extensive with that of the lessor or not. It is a mistake to suppose that the laws regulating the relation of landlord and tenant form a landlord code, the fact being, that in many instances the rights of the landlord are utterly disregarded. Among the most mischievous of recent measures was that which took away the right of distress upon growing crops.

As there is little doubt that the Act for the Sale of Incumbered Estates will be made law this session, and as extensive alterations have been made in the bill by the Select Committee of the House of Lords, we purpose to abstract the new clauses, and point out the alterations made since the bill was first introduced and given in our pages, ante 227.

With the exception that the blank for the salaries of the Commissioners has been filled up-the first Commissioner to have £3000 per annum, and the other two £2000 a-year each the first fifteen sections have undergone no material alteration. The 16th, 17th, and 18th sections of the amended bill are as follows:

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16. And be it enacted, that where land in Ire land, or a lease in perpetuity, or any lease for term whereof not less than sixty years shall be unexpired at the time of such application as herein. after mentioned, or any church or college lease, of land in Ireland, shall be subject to any incumbrance, it shall be lawful for the owner of such land or lease, within three years from the passing of this act, to apply to the commissioners for a sale of such land or lease under the provisions of this act.

17. And be it enacted, that where any land in Ireland, or any such lease as aforesaid of land in Ireland, shall be subject to any incumbrance, it shall be lawful for any incumbrancer on such land or lease, within three years from the passing of this act, to apply to the Commissioners for a sale under the provisions of this act of the whole or part (as in the judgment of the Commissioners may appear necessary) of such land or lease, for the purpose of discharging the incumbrances thereon.

18. And be it enacted, that where an application for a sale of any land or lease had been dismissed with costs by a competent tribunal, no application by the same party for a sale of such land or lease, or any part thereof, shall be entertained by the Commissioners, unless it is shown that such costs have been paid.

The 19th, 20th, and 21st sections correspond with the 17th, 18th, and 19th of the old bill. The 22nd is new

22. Provided always, and be it enacted, that the Commissioners shall not make an order for sale of any land or lease, or any part thereof, upon application by an incumbrancer on such land or lease, in case it be shown to the satisfaction of the Commissioners, by the owner of such land or lease, that the amount of the yearly interest on the incumbrances and other yearly payments (if any) in respect of charges payable out of the income of such land or lease, and the other lands or leases (if any) subject to the incumbrance of such incumbrancer, do not exceed one half of the gross yearly income of such land or lease, or of all the lands or leases so subject.

The 23rd corresponds in number with the 20th, but is more full.

23. And be it enacted, that where a sale shall be made under this act the Commissioners shall, where and so far as they may deem necessary for the purposes of such sale, ascertain the tenancies of the occupying tenants, and of any lessees or under-lessees whose tenancies, leases or under-leases affect the land or lease, or part thereof, to be sold, and may give such notices and make or cause to be made such inquiries as they shall think necessary for ascertaining and securing the rights of such tenants, lessees, or under-lessees as aforesaid; and all occupying tenants, and all persons being or claiming to be lessees or under-lessees as aforesaid, shall, at such times and places as the commissioners may by

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