Price 6s. 6d., by post 7s. RIFFS, in relation to WRITS OF EXECUTION and INTERPLEA-THE PRACTICE OF THE CIVIL BILL COURTS DER; with INDEX, NOTES, and CASES. By ROBERT W. OSBORNE, Esq., Barrister.at-law. Just Published, price 88. 6d. Free by Post, THE COMMENTARY, CASES UPONS FOR PRACTI HE NEW LAW RULES, with PRACTICAL TO, EACH KULE. By EDWARD JOHNSTONE, Esq., M A., Barrister-at-Law. NEW LAW RULES. Just Published, price 10s. 6d., or bound with the Rules, 14s,, free by Post. 'HE COMMON LAW PROCEDURE ACT, THE with EXPLANATORY COMMENTARY, PRACTICAL NOTES, and FULL INDEX, by WILLIAM D. FERGUSON, Esq., Barrister. at.Law. "Mr. Ferguson, in the very able and lucid work before us, has pre sented the profession and the public with an accurate representation of the law as it now stands."-Dublin Evening Post, "The present treatise is deserving of the reputation which Mr. Fergu son has acquired by his previous works."-Saunders. "Systematically compiled and arranged, most accurately and studiously noted, and fully elucidated by authorities."-Daily Express. "His views are entirely in unison with our own."-Irish Jruis. "The accuracy and fulness of the marginal notes of this edition, and the elaborate index, combine to afford all possible facuity in studying and referring to the new statute, &c The novelty of issuing copies with blank interleaving, for the purpose of taking notes of cases, will be most accept. able to the legal profession."-Freeman's Journal. "Mr. Ferguson has rendered good service to the general public, as wel as to the legal profession, by the lucid mauner in which he has placed Mr. Whiteside's Reform Measure before them. The Publisher, Mr. Milliken, has not been wanting on his part. The volume, for neatness and clearness of type, is creditable to the Irish press."-Evening Mail. "The book is a very valuable one to both professions, for Mr. Ferguson may be safely relied on as guide to the new practice."—Freeman's Journal. Price 5s., by Post, 5s. 6d. THE JUISTS PROTECTION ACT, THE By EDWARD P. LEVINGE, Esq., Barrister-at-Law. in Ireland. As altered by the statute 14 & 15 Vic. c. 57, with an appendix of several statutes relating to the law between landlord and tenant, and to the law of evidence, with a Commentary, comprising the decisions upon the re-enacted sections of the previous Acts of the Civil Bill code, and the analogous sections of the County Courts Acts, (England) with a copious Index. And the Rules, Orders, and Regulations prepared by the Assistant Barristers, with Observations, &c. by JOHN BLACK. HAM, Esq., Barrister-at-Law. Dublin: EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, College Green. HE MANTLE. TBROWNE and PAYNEL, to all the attention d (heir Patrons and the Public to their new Overcoat, which has been designed by them. be worn as a Coat or Cape; its external appearance is only conspicuous selves, and is certainly the most stylish garment ever introduced. It can for unassuming plainness, the characteristic of a gentleman's attire and from its durability and exquisite finish it is daily becoming a general fa vourite, it recommends itself particularly for travelling or driving purpo-es, As there is a great demand there are several made up for immediate use. BROWNE and PAYNE, Tailors to his Excelleney the Earl St. Germains, "Among the many novelties lately introduced in gentlemen's dress we have noticed a new garment designated the 'Eolian Mantle,' designed by Messrs, Browne and Payne, of Sackville-street. It is decidedly one of the most stylish and useful garments ever introduced to the public: it is so constructed as to be worn as a coat or cloak. 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Quarterly, 98 Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45, FLEET.STREET, in the Parish of St. Andrew, and published at lo COLLEGE GREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, March 18, 1854, DUBLIN, MARCH 25, 1854. A LAMENTABLE failure of justice apparently occurred last week at the Stafford assizes, under circumstances which strongly point out the necessity either for a change in the law of evidence, or for the better instruction of medical practitioners in medical jurisprudence, taking that word in its widest signification. A man of the name of Qualter was charged with the wilful murder of a respectable tradesman of the name of Price, at Wolverhampton, under circumstances of great atrocity. It appears that the deceased, who was a very respectable, sober, and quiet man, left his home on the morning of the 19th June, 1852, for the purpose of attending the market at Walsall. He was returning home late in the evening of that day, when, on arriving at North-street, Wolverhampton, he heard cries of "murder," and upon approaching the spot, found three men beating and kicking a woman who was lying on the ground. Upon his remonstrating with the men for their brutality, he was immediately attacked in his turn, knocked down, and kicked. He was in the act of making his escape, when the party followed and overtook him, and one of them flung a brickbat at 1 COURT OF EXCHEQUER: DOWLING V. LAWLER. Attachment-WitnessSubpana-Service of writ-Contempt of Court -Attorney-Costs........ 187 his head, which struck him on the face and rendered him insensible. The deceased afterwards contrived to crawl homewards, but how, he was never able to account for; and about two o'clock on the following morning, his wife, who had been sitting up waiting his return, heard a groan outside the door. On going out she found her husband in a frightful state, with his head bruised, his jaw smashed, and his clothes saturated with blood. A surgeon was immediately sent for, who gave every attention to the deceased; but the latter, after having lingered until the 8th of August, died of the injuries which he had received. The only evidence which went to connect the prisoner with the attacking party, was the declaration made by the deceased upon his death-bed. The police constable, who was called to prove this statement, stated upon cross-examination that when the deceased, upon the 27th of June, made this declaration, he (the witness) did not believe, from the manner of the deceased, that he was apprehensive of immediate or approaching death. The evidence of the surgeon, Mr. E. C. Sinallman, is thus stated in the Times of March 17: "He described the injuries which the deceased had received, and which he had no doubt caused the death. He did not believe, from the first, that the deceased would recover, and told his wife so, but not in the presence of the deceased. He to furnish an additional reason for the faithful disrather gave the deceased encouragement, and buoy-charge of this painful duty. In all probability the ed him up, and told him to have a good heart and medical man in the present instance was uninformed he would see what could be done for him." It also as to the law; and we say that this case should act appeared by the testimony of the widow, that it was as a warning to the schools of medicine to provide not until the Friday before he died, which was the for the teaching of medical jurisprudence, and to 6th of August, that the deceased said that he did make that teaching as comprehensive as possible. not expect to recover, and sent for his minister. He had made a statement of the facts to his wife, but previously to this, and it was accordingly rejected as inadmissible; and the counsel for the prosecution did not think that they could fairly press for the TO MAKE BETTER PROVISION For admission of the declaration to the constable, as the deceased did not seem then to have been aware of his state. The prisoner was acquitted. Now, without pronouncing any opinion upon the actual guilt or innocence of the accused, it must be admitted that the trial was unsatisfactory, in consequence of the jury not having had the opportunity of judging of the force of the evidence, which was, as the law stands, properly and necessarily withdrawn, and which might, but for an oversight, have been rendered available. Hence, without in the least pronouncing upon the effect which that evidence would have had on the jury, and granting the possibility of the deceased having laboured under a mistake as to the person of the accused, the suppression of that evidence was undeniably a failure of justice, just as would have been the exclusion, on technical grounds, of evidence which a prisoner would be entitled to offer on his behalf. Now, we are not prepared to recommend at present any change in the law as to the exclusion of declarations, except made in the immediate prospect of death; but we do say, that had Mr. Smallmau, the surgeon, been thoroughly apprised of the principle of law upon which the admissibility of such declarations hangs, he would probably not have concealed from the deceased the fact of his perilous state, when, according to his own statement, the doom of the poor sufferer appeared to have been already sealed. There is certainly a strong feeling, arising from motives of humanity, on the part of the faculty, against prematurely apprising patients of their danger, but we fear that this is often carried too far; and when we reflect upon the unspeakable importance, with reference to another state of existence, of conveying timely information to the dying man that his days on earth are numbered, and that he must, like the Hebrew monarch, "set his house in order," it is surely not unreasonable to say that the exigency of the criminal law ought A BILL THE PAVING, LIGHTING, DRAINING, CLEANSING, SUPPLYING WITH WATER, AND REGULATION OF TOWNS IN IRELAND. (Prepared and brought in by Sir John Young, Vis count Palmerston, and the Solicitor General for Ireland.) [NOTE. The words printed in Italics are proposed to be inserted in Committee.] (Continued from page 107.) 7. At any such meeting convened as aforesaid such persons as next hereinafter mentioned shall be admitted and entitled to vote, and no other person whatsoever; that is to say, every male person of full who shall have occupied as tenant or owner, age or shall have been the immediate lessor (rated for such premises to the relief of the poor) of any lands, tenements, or hereditaments within such city or town, or within such boundaries of the same res in respect of such premises for the period of twelve pectively as aforesaid, and shall have been rated months preceding under the Acts for the relief of the destitute poor in Ireland, as occupier of such lands, tenements, or hereditaments, at a net annual value of eight pounds or upwards, and shall have paid all such poor rates as shall have become payable by him in respect of such premises, at any time more than six months next preceding such meeting; and of the payment or nonpayment of under the hand of the collector of poor rate, shall such rate a receipt, certificate, or certified list, for such purpose be deemed sufficient evidence, which certificate or certified list such collector is hereby required to furnish to the person presiding at such eeting; and if any controversy shall arise at any such meeting as to the qualification or right of voting of any person claiming to vote, or to be qualified, such controversy shall be determined by ing at such meeting, whose determination shall be the person or persons, as the case may be, presidfinal. 8. Such meeting, after having had this Act laid before them, together with a copy of such applicaconsider and determine whether this Act shall, in tion and such order as aforesaid, shall proceed to whole or in part, be adopted and carried into execution within such town, or shall appoint a committee of their own number, not exceeding nine, to held on such day as shall be appointed by such inquire and report to some future meeting, to be meeting; and such future meeting shall, upon receiving the report of such committee, proceed in all respects in the manner herein directed for such meeting. 9. If the provisions of this Act shall be adopted in whole or in part, all the expenses incurred in relation to calling the first meeting, making out returns and lists of qualified occupiers, and otherwise in relation to carrying this Act into execution, shall be defrayed out of the money assessed and levied under the authority thereof; but in case the provisions of this Act shall not be adopted by such meeting as aforesaid, in whole or in part, then the whole of said expenses shall be borne by the persons signing the application for holding such meeting. 10. The person or persons presiding at such meeting shall ascertain the determination thereof by a show of hands, or in such other manner as shall appear to him or them expedient, and if necessary shall appoint tellers to ascertain and enumerate the votes of qualified persons assenting to or dissenting from the adoption of this Act, in whole or in part, and such tellers shall report the result of their scrutiny to such person or persons presiding at such meeting, who shall declare the same, which declaration shall be final; and any resolution to adopt the provisions of this Act, in whole or in part, shall be effectual if carried by a majority of persons qualified and voting as aforesaid. 11. If such resolution shall be to adopt this Act only in part, the matter or matters with respect to which this Act is so adopted shall be set forth and declared in the minutes of such meeting in the words introductory to the enactment in this Act with respect to such matter, or it shall be set forth and declared in such minutes that this Act, with the exception of the matter or matters so described, is so adopted; and any adoption of this Act, though in part only, shall infer the adoption of the enactments with respect to assessments, and shall also infer the adoption of the enactments with respect to appeal hereinafter provided in so far as the enactments relate to the matter or matters adopted, and shall also infer the adoption of every other general enactment or enactments applicable to such matter or matters, though not specially set forth and declared in such minutes to be adopted. 12. Where any town shall have resolved not to adopt the provisious of this Act, the householders and occupiers thereof, qualified in each case respectively as aforesaid, may, after the expiration of one year from the date of any preceding meeting, but not sooner, by such and the like proceedings, again take this Act into consideration, and adopt the same in whole or in part, or determine not to adopt the same; and when any town shall have adopted them only in part, the householders and occupiers thereof, qualified in each case respectively as aforesaid, may, after the expiration of two months from the date of any preceding meeting, but not sooner, by such and the like proceedings, again take this Act into consideration, and adopt such part thereof as may not formerly have been adopted, or determine not to adopt the same. 13. The person or persons presiding at such meeting shall, within one week, transmit to the Lord Lieutenant of Ireland a copy, certified under his or their hand, of the resolution and determination of such meeting as aforesaid; and within one month after such resolution or determination shall have been so certified, in case such resolution or determination shall be in favour of adopting the execution of this Act in whole or in part; and in case the Lord Lieutenant shall approve of the same, he shall notify his approbation thereof to the said person or persons, and cause notice of such approbation to be published in the Dublin Gazette; and from and after a day to be named in such notice in that behalf, either the whole of this Act, or the portion thereof so adopted and approved, shall be applicable to and in force in such town; and the said notice shall further state the number of Commissioners to be elected for carrying this Act into execution in such town, and the number and the boundaries of wards into which such town is to be divided, provided that an equal number of such Commissioners shall be elected by each of the said wards; provided that in case of any borough or town corporate in Ireland, the town council of such borough shall be the Commissioners for carrying this Act into execution therein, where the adoption of this Act, in whole or in part, shall have been determined on and approved in manner aforesaid; and in such case no such statement as last aforesaid of division into wards, or of the number of Commissioners to be elected, shall be contained in such notice. 14. The Commissioners for the purpose of executing this Act, to be elected as herein provided, shall be in number not less than nine nor more than twenty-one, as may be determined as aforesaid; and where the town shall be divided into wards as aforesaid, the number thereof, and the number of Commissioners to be elected, shall be so settled and adjusted that there shall not be less than three such Commissioners for each such ward. 15. In any town where the Act of the 9th year of King George the Fourth, chap. 82, shall be in force, and by which application shall be made and proceedings had in manner aforesaid under this Act, then from and after the first election of Commissioners under this Act for such town, the said Act of the ninth year of king George the Fourth shall be no longer in force therein, save and except as to matters or things theretofore done, and as to any debts, demands, rights, liabilities, or engagements theretofore incurred or accrued under the provisions thereof; and all property, (including all property vested in the said Commissioners under the provisions of the Act of the third and fourth years of her present Majesty, chapter one hundred and eight,) and all claims, demands, and liabilities or engagements of the Commissioners under the said Act of the ninth year of king George the Fourth shall be trans ferred to and vested in the said Commissioners under this Act: provided, that in any case where the said Act of the ninth year of king George the Fourth shall be in force in any city or town, if at a special meeting of the Commissioners for carrying the said Act into execution, therein called upon one calendar month's previous notice (to be pub lished in manner next after mentioned), two-thirds local Act in respect thereof; and such tolls shall at least of the whole body of such Commissioners stand vested in the said Commissioners acting unshall concur in a resolution for the adoption of the der this Act, upon the uses and trusts, and for the portions next herein mentioned of this Act, or any purposes, and subject to the same or like regulaof them, it shall be lawful for the Commissioners tions as contained and provided in such local Act for executing the said Act in such city or town, relating to such tolls, so far as may be consistent without further sanction or proceeding, to execute with this provision for the transfer of the same as and carry into effect therein the portions of this aforesaid; and such Commissioners under this Act Act following, or such of them as shall be so shall be likewise empowered to raise, levy, and apadopted by such resolution, that is to say, the pro- ply, for the purposes of this Act, such rates and asvisions of this Act with respect to obstructions and sessments, and of such amount and for such purnuisances, to places of public resort, to swindling poses, as by this Act is herein after provided. and gaming, to bathing, to precautions during repairs, to unwholesome food, to gunpowder, or to cellars and dwellings, as the case may be; and thereupon the said Commissioners shall give public notice of the adoption of such resolution, by causing handbills stating the purport of such resolution to be affixed at such places and in such manner as is herein-before provided for giving notice of said preliminary meeting herein-before mentioned; and at the expiration of one calendar month from the day of the publication and affixing of such notification as aforesaid, such portions of this Act as so adopted in such resolution pursuant to this provision as aforesaid shall be in force and may be carried into effect by the said Commissioners in such city or town. 17. In any case in which, according to the provisions of any local Act in force in any town or county of a town in Ireland for the improvement or regulation thereof, the qualification of persons authorised to vote in the election of Commissioners for executing such local Act, or to vote in relation to matters to be done under the provisions of such local Act, is settled or regulated otherwise than as next herein-after provided, such qualification for voting shall cease and determine, and instead thereof the following persons shall be qualified to vote under such local Act; that is to say, every male person of full age who shall have occupied as tenant or owner, or shall have been the immediate lessor rated for such premises to the relief of the poor of any lands, tenements, or hereditaments within such town, or within the prescribed boundaries of the same, and shall have been rated in respect of such premises at a net annual value of eight pounds or upwards, for the period of twelve months preceding, under the Acts for the Relief of the Destitute Poor in Ireland, and shall have paid all such poor rates as aforesaid as shall have become payable by him in respect of such premises more than six months next preceding the time of voting as aforesaid. 18. From and after the commencement of this Act it shall not be lawful for the Lord Lieutenant of Ireland to order or direct any meeting to be called or convened for the purpose of carrying the said Act of the ninth year of king George the Fourth, chapter eighty-two, into execution. 16. Where any local Act in force in any town provides for any of the purposes for which provision is hereby made, this Act shall not be adopted or put in force therein, in manner herein provided, so far as relates to any of the purposes for which provision is made under such local Act, without the consent in writing of two-thirds of the Commissioners or governing body, constituted for the purposes of such local Act, first had and obtained at a special meeting of such Commissioners or governing body, called upon ten days previous notice at the least (to be published in the manner and for the time herein-before mentioned), but this Act may, without such consent be adopted and put in force for other purposes for which provision is not made under such local Act; but in such case where such consent is hereby required, and has been had, then 19. In any city or town corporate where any from and after the adoption of this Act in the whole local Act in force provides for purposes for which or in part, and the first election of Commissioners provision is made under this Act, and where the under this Act for such town, such local Act shall Commissioners constituted under the said local Act be no longer in force in such town, so far as regards decline to consent to the adoption of this Act in the provisions of such Act which have reference to the manner herein-before provided, then and in the purposes for which this Act shall have been so that case this Act may be adopted or put in force adopted, save and except as to matters and things in whole or in part in said city or town corporate, theretofore done, and as to any debts, demands, by consent obtained in writing under the hands of rights, or liabilities theretofore incurred or accrued two-thirds of the town council of said city or town under or in relation to such provisions thereof; and corporate; and in case any or all the purposes for in such case, if under the provisions of such local which the assessment, or any part thereof, under Act any tolls within such town shall have been such local Act is raised and levied are adopted as payable to and vested in such Commissioners or aforesaid under the provisions of this Act, then the governing body, such tolls, and all rights of receiv-powers of assessment for such purposes under such ing and levying the same, and the remedies for the local Act, and in the manner specified by such local recovery thereof, shall, from and after the first elec- Act, so far as such powers are necessary for carrytion of Commissioners under this Act, be transfer- ing out such purposes and no further, shall be transred to and stand vested in the Commissioners under ferred to the said Commissioners under this Act, in this Act, subject nevertheless to all debts, demands, addition to the powers of assessment herein-after rights, liabilities, or engagements theretofore affect-provided under this Act: provided always, that in ing such tolls or such Commissioners under such case there exists any debt due of the Commission |