INFANTILE LENCORRHEA, arising out of the alleged cases of Felonious Assaults of Young Children, recently tried in Dublin. By W. R. WILDE, F. R. C. S., Surgeon to St. Mark's Hospital, &c. London. John Churchill Princes-street. Dublin: FANNIN & CO., Grafton-street. THE Just published, price 4s.; interleaved, 5s., 'HE COMMON LAW PROCEDURE ACT, By J. A. PHILLIPS. Esq., A. B., Barrister-at-Law. Dublin: HODGES and SMITH, 104, Grafton street "The accuracy any fulness of the marginal notes of this edition, and the elaborate index, combine to afford all possible facility 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. THE BROWNE and PAYNE beg to call the attention of their Patrons and the Public to their new Overcoat, which has been designed by them selves, and is certainly the most stylish garment ever introduced. It can be worn as a Coat or Cape; its external appearance is only conspicuous for unassuming plainness, the characteristic of a gentleman's attire and from its durability and exquisite finish it is daily becoming a general favourite; 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, Tallors to his Excelleney the Earl St. Germains, 12, LOWER SACKVILLE-STREET. Among the many novelties lately introduced in gentlemen's dress we have noticed a new garment designated the 'Folian 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. It reflects the highest credit on that re-pectable firm; and we are sure their efforts in the cause of fashion will meet that success they so justly deserve."—Evening Mail, November 2. ACT OF IRELAND, 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 Jurist "Mr. Ferguson has rendered good service to the general public, as well as to the legal profession, by the lucid manner 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. Fe guson may be safely relied on as guide to the new practice."-Freeman's Jour. nal. Dublin: EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, College Green. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the ublisher, E. J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Name and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications-nor will the Editor be accountable for the return of Manuscripts, &c. Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, 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 day of publication. TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 178. Quarterly, 91 Printed by THOMAS ISA AC WHITE, at his Printing Office, No. 4, FLEET-STREET, in the Parish of St. Andrew, and published at 15, 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, December 31, 1853, DUBLIN, JANUARY 7, 1854. COURT OF EXCHEQUER: SCOTT V. THE MIDLAND GREAT WESTERN RAILWAY COMPANY. Bail in error-RecognizanceStay of execution...... 88 85 COURT OF ADMIRALTY: 85 "THE SAN NICHOLA." Salvage-Towage-Contract-Misconduct-Costs...... 91 LAST week witnessed the cessation, in this country, of the renowned system of special pleading in personal actions. The system which succeeds will not be so very alien to that which now expires, as not to betray its parentage. The essential difference between the expiring system and its new-born successor will be, that the latter will eschew all those subtleties, artifices, and technicalities, which were variously considered, according to the temper of the critic, as the glory or the shame of the scheme of the past. Those rules so beautifully enunciated by Stephen, in that admirable Treatise, which so powerfully conduced to enlist the affections of the legal tyro in favour of the doctrina placi tandi-the main object of which he states to be, that of ascertaining the subject of decision by the production of an issue-are to be abrogated, and this peculiarity of the Common Law of England, as relates to this country, is henceforth to cease. Instead, thereof, the pleadings are henceforward in Ireland to be rather suggestive of, than tending directly to, the production of the issue, which is now to be the joint result of the agreement of the parties. Much as the ancient system of pleading has been entrenched upon by recent legislation in England, the change there is not quite as sweeping as it is with us. We shall now have the opportunity of seeing how the respective plans work side by side, and eventually adopting, as the basis of common legislation, that which proves the best. In taking leave of the old pleading, (now, except in some exceptional cases, about to become defunct,) we may acknowledge that "with all its faults, we love it still." It was truly a noble creation of human reason; and while, perhaps, it at times made the clients pay for the sharpening of the wits of their advocates, illustrating the force of the remark of the poet→ "Quicquid delirant reges plectuntur Achivi," it doubtless not only in a vast number of instances proved immediately beneficial to the interests of suitors, but it likewise mediately conduced to the advantage of all, by the admirable mental discipline which it imparted to the practitioner, in making him learned, wary, and exact. Well did Littleton say to the men of his generation—“ Et saches mon fits que est un des pluis honorables, laudables, et profitables choses en nostre ley de aver le science du bien pleader en actions, reals et personels; et pur ceo jeo toy counsaile especialment de metter ton courage et cure de ceo apprender." But Littleton knew nothing of steam-boats, railways, and electric telegraphs, and it must be confessed that the system which is thus elegantly recommended, if practised in all its ancient severity would not comport with the spirit of our age of taking out a copy of the order, or appearing by a progress. Between the days of Littleton and our own the system of pleading has undergone many changes; one, perhaps, of the most liberal of them being the translation of pleadings into English from the original Latin. We have, therefore, already shown a readiness to keep pace with the requirements of the age, and public opinion has in our time, not only in this country and England, but in the Transatlantic States, which still revere the common law of England, pronounced its judgment that special pleading should cease, as being too technical for a thoroughly practical generation. It is, however, remarkable that those who are agreed about the disuse of pleading as it hitherto has stood, are unanimous that written pleadings of some sort should be retained, but generally differ from each other as to how far the new system should represent the original. This, however, is clear, that the debt which we owe to the pleaders of antiquity will long remain undischarged, inasmuch as, while we relinquish their handywork, we shall continue to avail ourselves of the materials which they have liberally supplied. REPORT OF THE COUNCIL OF THE INCORPORATED SOCIETY OF THE ATTORNEYS AND SOLICITORS OF IRELAND, solicitor on a motion; and a difference of opinion of the court (with whom they had a communication having arisen between your Council and the officer on the subject), it was deemed advisable to submit the point to the consideration of the Lord Chan cellor, and accordingly a petition was forwarded to his Lordship in the month of July last, praying his Lordship to take the matter into his consideration, and to give such directions thereon to the Clerk of Appearances and writs as his Lordship might deem advisable; but your Council have not since been favoured with his Lordship's decision thereon. In the month of May last, a notice having been posted in the Registrar's Office of the Court of Chancery, to the following effect: Your Council addressed a letter of remonstrance on the subject to the Registrar's of the court, Messrs. Long and O'Keeffe, referring them to the and also to the 11th General Order of the Court enactment in the Act of 4th Geo. IV., c. 61, s. 15, of Chancery, bearing date the 27th day of March, 1843, and the result was, that an intimation was almost immediately received from them, stating, that the notice had been withdrawn. Your Council have again to express their regret at the great delays in the Taxing Office of the Court of Chancery, and are compelled to observe, that no improvement to expedite the business seems to have taken place in that department; the inju FOR THE YEAR ENDING 1ST DECEMBER, 1853. rious effect of such delay, as well to the Profes (Continued from page 24.) A communication having very kindly been made to your Council by one of the Masters of the Court of Chancery, suggesting that it might prove an accommodation to the Profession, as also expedite the business in their offices, if a special list of references, under allocation orders, and of cases, which from their nature were likely to be quickly disposed of, was selected from the long list, and brought up for hearing one day in each week. Your Council thought it advisable to give a trial to the proposed arrangement, and having had a communication with the other Masters on the subject, they found it met with their full concurrence, and the practice has accordingly been adopted when found necessary or expedient, and has been considered a satisfactory arrangement. It has been suggested by one of the Masters, that it might be desirable to impress on solicitors, that their certifi cate should never be given, save in a case clearly proper for it, for otherwise an undue priority would be obtained, which would be very unjust to the other suitors. The attention of your Council having been called to a regulation in the appearance and writ office of the Court of Chancery, which required that a motion docket or fee was to be paid for by each party sion as to the suitors of the court, requires no comment; and your Council trust, that something will be done by the proper authorities to remedy the evil. In the month of June last, a memorial was forwarded from this Society to the Lord Lieutenant, representing to his Excellency the great inconvenience to the public, and to the Profession, in cousequence of the Incumbered Estates Court and offices being at so considerable a distance from the Four Courts, and, in answer to such memorial, his Excellency was pleased to inform the Society, that the subject had been already under the consideration of the Government, with every desire to carry out the objects as set forth in said memorial, but your Council are not aware that any steps have since been taken for its accomplishment. The appointment of a gentleman, not being a solicitor or attorney, to fill the office of Crown Solicitor for the Leinster Circuit, having been considered a very serious interference with the rights and privileges of our Profession, your Council thought it proper to submit a case to counsel on the question, and having obtained his opinion, a special general meeting of the Society was called in February last, to consider the subject, at which resolutions were passed, condemnatory of such ap pointment, as being an unjustifiable infringement upon our professional rights, and directing that a memorial should be presented to his Excellency the Lord Lieutenant on the subject. A deputation, appointed for the purpose, accordingly submitted the memorial to his Excellency, together with the case and opinion which had been so laid before counsel, and his Excellency was pleased to observe, that he would carefully examine both documents, and make himself acquainted with their contents, and would also submit them to the Attorney and Solicitor-general for their opinion, which he hoped to obtain in a few days. His Excellency was pleased also to add, that his own feeling on the subject was in favor of the appointment of solicit ors to the offices which properly belonged to their Profession, but that it did not rest with him to decide on the legality of the appointment which had been made. The following is the communication written by direction of his Excellency, and addressed to the President of this Society, with reference to the appointment in question, and as the answer to our memorial:: Dublin Castle, 30th May, 1853. SIR,-I am directed by the Lord Lieutenant to acquaint you, in reference to the memorial of the Society of the Attorneys and Solicitors of Ireland, of the 14th of February last, that the Law Officers of the Crown having been consulted in the case to which their memorial has reference, are of opinion that the appointment of Mr. Thomas Kemmis to conduct the prosecutions of the Leinster Circuit, under the directions of the Attorney-general, is free from any legal objection. His Excellency therefore directs me to say, that he must decline to comply with the prayer of I am, Sir, your obedient servant, THOMAS A. LARCOM, their memorial. William Goddard, Esq., &c. &c. Thus the matter rests, and an appointment which has been heretofore looked upon as peculiarly pertaining to our Profession, has been wrested from us, and conferred upon a barrister, while we are not able to record a single instance of an attorney or solicitor having been appointed to one of the numerous situations falling within the scope of the other branch of the Profession. try are by no means so stringent as in England with In the discharge of a very invidious duty, which is sometimes rendered imperative on the Society, that of opposing special applications to the courts, by persons seeking to be admitted to the Profession without serving bona fide apprenticeships, it has come to the knowledge of your Council, that some members of the Society have incautiously, and without due consideration, put pen to paper, and furnished the applicants with testimonies to aid and support them in making such applications, while, at the same time, by so doing they were (from feelings of personal friendship towards the applicant) acting without due consideration for the privileges and interests of the body at large, and of the Society, which, as being members of it, they were bound to support and uphold. The same observation also applies with equal force to members of the Society (and sometimes of your Council also), attaching their signatures to certificates, memorials, and other documents, in relation to matters likely to be brought under the notice of the Society, while your Council, in the performance of their duty to the body at large, must, of course, deal with such documents according to the nature of the particular case, and without allowing themselves to be influenced by signatures, no matter how respectable, which have been sometimes found attached to them. Equity. In the present state of the law, it is not in the power of the Council to restrain these encroachments on the usual province of solicitors. Several complaints have been made of unqualified persons acting in the usual business of attorneys, but the parties complained of have been cautious enough to call in the aid of some unguarded practitioner, whenever the business required proYour Council felt it their duty to oppose the ap-ceedings to be taken in the Courts of Law or plication of a barrister to be admitted and sworn an attorney, who had only been bound in the present Michaelmas Term; but the Court of Exchequer, to which tribunal the application was made, considered the case in question a fit one for the exercise of its discretion, owing to the very peculiar and melancholy circumstances attending the death of the applicant's brother, which the Lord Chief Baron and Baron Pennefather stated rendered the case one of that class of cases in which the court sometimes exercised the discretion which it was empowered to do. Mr. Baron Greene, however, said he felt considerable hesitation in concurring in the judgment of the other members of the court, and was only led to do so under the very peculiar and distressing circumstances connected with this case. It is a subject of regret to your Council, that the rules and regulations of the courts in this coun One recommendation the Council would however make, namely, that no regular practitioner should, on any account, recognise persons who are not duly authorised to act in legal affairs. Your Council, on behalf of the Society, have to acknowledge a very useful presentation made to its library, of the Reports of the Census Commissioners for the Four Provinces of Ireland, and which were forwarded by the Commissioners to the Society in the month of February last. Your Council are under the disagreeable necessity of being once more obliged to notice a subject to which their attention has of late been called, viz. that of attorneys and solicitors in some few instances advertising for business, a proceeding which your Council cannot too strongly condemn, as Just published, price 10s. ed., free by post, highly injurious to the interests, and derogatory to THE COMMON LAW PROCEDURE the respectability of the Profession, and they will be obliged to publish the names of parties offending, should the opinion now again expressed by the Council, not have the effect of putting a stop to such a practice. It continues to be a subject of regret to your Council to have occasion again to complain that so many members of the Profession have never joined the Society, while the body at large admit its usefulness, and seek, by means of its agency, to redress their grievances, and some have even gone the length of asking aid from its funds to do so, who will not entitle themselves to its privileges by becoming members, and paying the very moderate annual subscription, for which, independent of other considerations, they would receive an ample return in the use of the Rooms, and in access to our Library, which contains every work likely to afford useful information to the Common Law and Equity practitioner. Your Council, therefore, earnestly request that the attorneys and solicitors of Ireland, as well in Dublin as in the provinces, will give that practical ACT OF IRELAND, 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 Jurist. "Mr. Ferguson has rendered good service to the general public, as well as to the legal profession, by the lucid manner 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 Jour nal. Price 6s, 6d., by post 78. THE PRACTICE OF THE CIVIL BILL COURTS 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. Price 48. by Post 4s. 6d. which Regulate the QUALIFICATION and REGISTRATION of PARLIAMENTARY VOTERS IN IRELAND, &c., (13 and 14 Vic. c. 69), collated with the more important provisions of former Acts still in force, relating to the subject, with a Copious Index and Forms. By SAMUEL V. PEET, Esq., Barrister.at.Law. support to the Society, without which its opera-A DIGEST of the ACT TO AMEND THE LAWS tions must be necessarily circumscribed and less influential at a time when prompt and vigorous measures are rendered indispensable, not only by the encroachments of the other branch of the legal Profession (as regards the appointment to offices which were formerly filled by members of our body), but also to maintain what is left to our NEW ORDERS IN CHANCERY. Profession of their just rights, and which experi-T CHANCERY, AL ORDERS OF THE COURT OF ence has proved that it has been the object of recent legislation to curtail. Just published, price Is. 6d., MEDICO-LEGAL OBSERVATIONS upon INFANTILE LENCORRHOEA, arising out of the alleged cases Just published, price 4s.; interleaved, 5s., dated the 31st of July, 1851. under the Chancery Regulation Act, 1850, as amended, and the MASTERS' GENERAL ORDERS under the Act, with Comments and Observations, and showing the Practice as now established in CAUSE PETITIONS; with an Analytical Index. By WILLIAM SMITH, Esq., Barrister.at-Law. This day is published, price 5s.; by post 5s. 6d. HE COMMON LAW PROCEDURE ACT, THE NEW ECCLESIASTICAL CODE respecting the THE By J. A. PHILLIPS. Esq., A. B., Barrister at-Law. "The accuracy any fulness of the marginal notes of this edition, and the elaborate index, combine to afford all possible facility 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. NEW LAW BOOKS. This day is published, in 4 thick vols. royal 9ro., price £7 7s. cloth, CHITTY'S EQUITY INDEX. Being a Digest of all the Equity Reports in the ENGLISH and IRISH COURTS from the earliest period. Third Edition. By JAMES MACAULY, Esq., Barrister-at-Law. Price 5s., by Post, 5s. 6d. THE JUSTICES' MANUAL:-containing THE JUSTICES PROTECTION ACT; THE SUMMARY JU. RISDICTION ACT, 1851; THE PETTY SESSIONS ACT, 1851; and THE LAW OF EVIDENCE AMENDMENT ACT; with NOTES, COMMENTS, and COPIOUS INDEX. By EDWARD P. LEVINGE, Esq., Barrister-at-Law. erection and endowment of Churches and Chapels, and Ecclesiastical Residences and dilapidations; containing the United Church of England and Ireland Act, Churches and Chapels (Ireland) Act; Ecclesiastical Resi. dences (Ireland) Act; with explanatory Summary, Contents, and Index. By WM. D. FERGUSON, Esq., Barrister.at-Law. Dublin: EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, College Green. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the ublisher, E. J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Name and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications-nor will the Editor be accountable for the return of Manuscripts, &c. Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COLLEGE GREEN, or by letter (post-paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication. |