portance in this country, where parol demises are so frequent. We propose from time to time to consider those questions on the subject on which the least information is derivable from treatises on this branch of the law. The first question we shall consider is, whether there is any warranty or covenant in law respecting the lessor's title, arising from the mere relation of landlord and tenant, there being no demise under seal; and, if so, what is the extent of it. It would appear plain from every principle of law and justice, that if one man contracts to give another a certain thing for a specified period, and fails to perform that contract, that the former should be answerable for the breach of it. As if A agree to give to B an interest in land for a certain term, and B be evicted before its expiration, he being in no default; from the period of the decision in Slade's case, (4 Coke, 94, a,) to the present day, we know of no case where it has been held that an action for damages would not lie for the breach of such a contract, (Com. Dig. tit. Action, M. 3,) and in some instances an action on the case for the tort. See Boorman v. Brown, (11 CL. & Fin. 1 S.C. 3 Q. B. 525.) In some recent cases, Messent v. Reynolds, (3 C. B. 194; 15 L. Jou. N. S., C. B. 226; 10 Jur. 550); Jackson v. Coffin, (8 M. & W. 790); Granger v. Collins, (6 M. & W. 458, S. C.; 9 Jou. N. S. Ex. 172), this question came before the courts in Westminster, and the dicta of the learned judges in these cases appear to have originated an opinion that no covenant in law whatever, for title or quiet enjoyment, arose from the mere relation of landlord and tenant. These opinions, when considered, are not, we think, decisions for the abstract propositions they are cited to maintain. They are, in our judgment, unquestionably correct decisions with reference in each case to the subjectam materiam. Before we enter upon the discussion of this question, there are two expressions of constant reference, those of warranty and implied covenant, the definite meaning of which must be clearly understood. Warranty in the strict legal sense is not applicable to leaseholds or chattels real, it being a covenant real attaching to the land, not to the person; the person whose land was bound by the warranty being obliged to make the recompense in land, and not in damages, as would be the case in Covenant. (Yelv.139, Co.Litt. 389, a.) It must therefore be taken in the popular sense, that the grantor has that which he purports to grant; as where A. agrees to let land for ten years, there is no implied warranty that they are fit for a particular purpose, but merely that he is in condition to grant the land for the number of years agreed warranty of a chattel, the court, in Williams v• Burrell, (14 Law Jour. N. S. 99, C. B. S. C. 1 C.B. 402,) held to amount to an implied covenant. An implied covenant, when it is once ascertained that such was within the intention of the parties, is therefore in the nature of an express one, and an action for the breach of it will lie against the executor of the covenantor, which is not so in the case of a covenant in law which is that which arises from the word demise, (Williams v. Burrell,) and which is that which we contend arises from the relation of landlord and tenant existing under contracts not under seal. The expression "implied covenant," is not therefore strictly applicable to such a case, in which the only liability that can exist is a covenant in law, arising from the contract of the lessor that he has that which he promises to give, and that the lessee shall enjoy it quietly during the term. If A. contracts to deliver goods to B. and fails to do so, an action will lie for the non-delivery. It has been also decided that if A. agrees to let land to B., and C. being in possession, refuses to give up possession, that an action will lie by B. against A. for the non-performance of his contract. Coe v. Clay, (5 Bing. 440). It would appear unquestionable, but for the cases referred to, that from every contract of letting or hiring, there results a necessary legal obligation on the part of the lessor to put the lessee in possession of the thing let, and to give not merely the possession, but to undertake that the lessee shall hold it for the term contracted for. In Sutton v. Temple, (12 M. & W. 52), Parke, B. says, "The word demise merely annexes to it a condition that the party demising has a good title to the premises, and that the lease shall not be evicted," and in Hart v. Windsor, (12 M. & W. 68)." It is clear that from the word demise in a lease under seal, the law implies a covenant; in a lease not under seal, a contract for title to the estate merely, that is, for quiet enjoyment against the lessor, and all that come in under him by title, and against others claiming by title paramount during the term, and the word let, or any equivalent words which constitute a lease, have no doubt the same effect, but not more." In both these cases the question before the court was, what covenant in law, as to the fitness of the premises for a particular purpose, arose from the mere contract of letting, a subject we shall hereafter refer to more fully, but the opinion of the court was delivered after much deliberation, and on a subject in the consideration of which the present question must have necessarily been before it. The observations of the learned judge, which, under a different state of facts, would necessarily decide this question, cannot be regarded as mere ill-considered dicta thrown out during the course of a judgment on a different subject. In Hancock v. Caffyn (1 Moo. & Sc. 521). A. agreed with the defendant for the purchase of a house with the furniture, &c. The defendant having permitted the head rent to become in arrear, it was distrained for. A. having in the meanwhile become bankrupt, his assignees brought an action in case against the lessor. Two objections were raised first, that the action should have been in assumpsi, for the breach of contract; and secondly, that there was no implied covenant to indemnify the lessee from the non-performance of the lessor's covenants with the head landlord. Both objections were overruled. This would appear to be an express authority that a covenant in law for quiet enjoyment during the term, arises from a mere contract to let. We shall now proceed to consider the cases relied on as warranting a different conclusion, and in each it will be found that the covenant, for the breach of which the action was brought, was one either not within the meaning of the legal covenant, which we contend arises, or else that the implied covenant, as stated in the declaration, was so large as to include covenants not within the scope of a covenant in law, and that the count was therefore bad on demurrer, as the court could not say what was the nature of the covenant relied upon as broken. acts (as was the case here')." The decision the court was called upon to make was merely this, that the declaration did not state correctly the covenant in law which should be implied from the relation of landlord and tenant; and though some members of the court gave utterance to observations going that length, these dicta lose much of their effect, if not wholly overruled, by the decision of the same court in the later cases of Hart v. Windsor and Sutton v. Temple, and the case of Brown v. Crump (1 Marsh, 567), cited in the judg ment, would appear to shew that the objection was to the mode of statement of the covenant, and not that no covenant existed, as in that case it was admitted that there was an implied covenant on the part of the tenant to till in a proper and husbandlike manner, but not in a particular manner, as was contended. The result to be arrived at from the consideration of these authorities appears to be, that as a general rule, when one person lets, or agrees to let land to another, there arises a covenant or contract in law, that he has the ability to grant that which he proposes to give, and that he is liable for the breach of that contract; and the cases referred to as deciding the contrary, are so many exceptions to this rule, arising from the peculiar facts of each case. Court Papers. Equity Exchequer. GENERAL ORDER. Saturday, 24th February, 1849. In Upton v. Ferguson, (3 Moo. & Sc. 88), the action, as in the last cited case, was brought to recover damages for a distress for rent by the head landlord. The plaintiff agreed to take the premises at a yearly rent, and to be liable for the rents to become due to the head landlord after a certain day. The rent was reserved to the head landlord quarterly; and a quarter from the date agreed upon having become in arrear, a distress was made, for which the tenant brought this action. The court held, that the plaintiff having made himself liable for the rents to become due to the head landlord after the commencement of his tenancy, he should have known how it was reserved, and that there was no implied covenant that the rent was reserved yearly. This case, then, clearly is no authority against the position contended for. The case of Messent v. Reynolds (3 C. B. 194, S. C. 10 Jur. It is this day ordered by the court as follows:550; 15 L. Jou. N. S. 226, C. B.) is of a somewhat 1. That no recognizance hereafter to be entered into by similar character; the tenant agreed to take sub-ing to the general practice, or orders of the court, or by or for any tenant, receiver, or other person, who, accordject to the terms of an agreement under which his immediate lessor held, the terms of which were not set out in the declaration, and the court held that no covenant in law could be implied in the absence of any information as to the real terms of the agreement under which the plaintiff actually held. In Jackson v. Cobbin (8 M. & W. 790), the cove nant sought to be implied, was, that the premises might be used for any purpose; such a covenant, it is evident, could not be implied, and the court gave no express opinion on the abstract question; but the inference is in favour of the affirmative, as the plaintiff had leave to amend, which would not have been granted if the court thought the action unsustainable. The last case we shall refer to is that of Grainger v. Collins (6 M. & W. 458; S. C. 9 L. Jour. N. S. 172). The declaration stated, that in consideration of the letting, the defendant promised the plaintiff that he should quietly enjoy during the term; and that before its termination he was evicted by those entitled to the reversion. The point stated for argument on the demurrer was, "that the declaration stated a larger promise than the law inferred, that it would render the defendant liable for a wrongful eviction of the plaintiff by those entitled to the reversion, or for an eviction in consequence of the plaintiff's own 3. That the production of a like certificate of the regis any special order, made in any cause or matter, may be bound to enter into a recognizance, shall be deemed to be completed within the meaning of such practice or orders, or special order, unless and until in addition to the due enrolment thereof, the same shall be duly registered in the ing to the provisions of the act of the seventh and eighth office of registrar of judgments, in pursuance of and accordyears of the reign of Her Majesty, intituled, “an act for the protection of purchasers against judgments, crown debts, lis pendens, and commissions of bankruptcy; and for providing an office for the registry of all judgments in bankrupts, and the limitation of actions;" and of an act Ireland, and for amending the laws in Ireland respecting passed in the eleventh and twelfth years of the reign of Her Majesty, intituled, "an act to facilitate the transfer of landed property in Ireland:" but the non-compliance with this order shall not affect the validity of such recognizance at law or in equity, otherwise than as the said acts, or either of them, may in such case affect the same, as against purchasers, mortgagees, or creditors. 2. That the chief or second remembrancer shall not per fect any lease under a letting made to a tenant until, in addition to the certificate of the enrolment of his recogni zance, a certificate of the said registrar of judgments, of the lodgment and entry of the memorandum or minute of to be left with him, endorsed on a duplicate of such memosuch recognizance required by the said first-mentioned act randum or minute, in pursuance of the said act of the eleventh and twelfth years of the reign of Her Majesty, shall be produced. trar of judgments shall be requisite, with the certificate of the enrolment of the recognizance, to entitle a receiver in a cause, or in the matter of a petition under the mortgage act, or tithe rent-charge act, to enter the general order, that the tenants do pay their rents and arrears to him; and that no receiver appointed in the matter of a petition under the judgment acts, shall serve the order on the tenants to pay their rents to such receiver until, in addition to the certificate of the enrolment of his recognizance, a certificate of the said registrar of judgments of the lodgment and entry of the memorandum or minute of such recognizance, required by said first-mentioned act to be left with him, endorsed on a duplicate of such memorandum or minute, in pursuance of said act of the eleventh and twelfth years of the reign of Her Majesty, shall be filed in the office of the secondary. 4. That all receivers already appointed shall proceed without delay and before the first day of Easter term next ensu ing, to have the several recognizances heretofore entered into by them, or on their behalf, duly registered pursuant to the said acts, in the office of the said registrar of judgments, unless the same have been already registered, and do produce the like certificate of the said registrar as aforesaid, in respect thereto, to the chief or second remembrancer, on the passing of their next accounts, who may therein allow the costs of such registry; and the chief or second remembrancer shall have power to disallow his poundage on such account to any receiver not producing such certificate, dated on or before the said first day of Easter term, unless some satisfactory reason shall be given to him for the delay; and the chief or second remembrancer shall not pass any such account without production of the certificate, and in their certificate of the allowance of the account, shall state that the same was produced, and the date thereof. 5. That to the next statement of facts to be laid before the chief or second remembrancer by any receiver or sequestrator, or to his next account, whichever shall be first lodged after the date hereof, there shall be annexed by way of schedule, a specification of the several tenants by whom recognizances have been entered into, and the amount thereof respectively; and the chief or second remembrancer shall examine into the same, and shall be at liberty in all cases when he shall think fit, to direct the receiver or sequestrator, on his attorney to effect within a time to be fixed by the chief or second remembrancer, the due registration, under the said acts, of all or any of the said recognizances which it may be proper to have so registered, and to allow the costs thereof in the account of such receiver or sequestrator, and to suspend the passing of any account until such direction shall have been complied with. 7. That the fee of 16s. 8d. shall be allowed to the attorneys of the court for attending to register any judgment, decree, order, crown bond, lis pendens, or recognizance, under the said acts, and for all duties relating thereto, including the preparation and signing of the memorandum and minute to be lodged with the registrar, and a duplicate thereof, but the chief or second remembrancer, in allowing any costs under the fifth foregoing order for the registration of the recognizances of tenants, may allow a lesser sum for each in his discretion, having regard to the number registered by the same attorney, in the same cause or matter. D. R. PIGOT, C. B. RICHARD PEnnefather. JOHN RICHARDS. (Continued from p. 144.) 2. That all damages heretofore sustained, or shall at any time after the passing of this act be sustained, by any person or persons by means of any of such offences against the said recited act, or by any violence committed contrary to the same, shall be recovered by like applications and proceedings, and by like presentments of the grand jury of the county, county of a city, or county of a town, in which any such offence or violence shall have been committed, and subject to like traverses, and to like provisions, and in like manner as by the 6 & 7 W. 4, c. 116, and 7 & 8 Vic., respectively is or are provided in relation to the recovery of compensation for damages sustained by the mischievously or wantonly setting fire to, burning, or destroying any house, outhouse, or other building, or any haggard, corn, hay, straw or turf, or the setting fire to, burning, or sinking any boat or barge laden with corn or other provisions, or the killing, maiming, houghing or injuring any horse, mule, ass, or swine, or any horned cattle or sheep, or the damaging, injuring, or destroying any bank, gate, lock, weir, sluice, bridge, dam, or other work belonging to any person, public canal, or navigation; and the provisions of the said two acts shall be applied for the recovery of damages sustained by means of any of such offences against the said first recited act; provided that in the case of any of such offences committed in the county of the city of Dublin, compensation for damages sustained by means thereof shall and may be recovered in like manner as by the 4 & 5 Vic. c. 10, is provided in relation to the malicious burning of houses, barns, haggards, corn, or other articles or effects. 3. That after the passing of this act any person or persons against whom any action shall have been commenced or prosecuted before the passing of this act, for the recovery of any damages sustained by means of any offence or violence committed contrary to the said first-recited act, or the plaintiff or plaintiffs in such action, may apply to any judge of any of the superior courts at Dublin, for an order that such action shall be discontinued; and every such court or judge, upon such application, shall make such order as aforesaid, and shall order the costs of the plaintiff to be taxed as between party and party, and upon the making of such order such action shall be forthwith stayed or discontinued; and thereupon, after such stay of proceedings, the person or persons who shall have so commenced or prosecuted such action, or his, her, or their executors or administrators, may proceed to recover such damages, with the costs, in the same manner as in the immediately preceding provision directed: provided, that such person or persons, or any person or persons who has or have sustained any such damages before the passing of this act, need not serve or post any notice of his, her, or their intention to apply for compensation for any such damages or costs upon any person or persons, save that he, she, or they shall lodge with the secretary of the grand jury, as applications for public works are lodged, an application, setting forth the loss or damages sustained, and the amount thereof, and of such costs so taxed, and setting forth the time and place when and where such injury was done, and the property injured; which application shall be scheduled by the secretary of the grand jury, and be dealt with, as near as may be, as other applications for compensation for damages in other cases. 4. And whereas by acts, 13 Edw. 1, 28 Edw. 3, and 10 & 11 Car. 1, provision is made relating to the recovery ' of damages against the hundred or barony in respect of 'robberies committed; and it is expedient that so much of 'the said recited acts should be repealed, so far as relates to Ireland:' be it enacted, that after the passing of this act so much of the said last-recited acts as relates to any remedies against any hundred, or to the recovery of damages against any hundred or barony in Ireland, or the inhabitants thereof, in respect of any robbery, shall be and the same is hereby repealed, save and except as to any action or proceeding heretofore commenced; and in the case of any such action or proceeding heretofore commenced, the same shall and may be stayed and discontinued, in like manner and subject to like regulations as herein-before provided as to staying and discontinuing proceedings, and after such stay of proceedings the person or persons who shall have so commenced or prosecuted such action, or his or their executors or administrators, and also any person or persons who shall have sustained any such damages by means of any robbery, and for which he might now have any remedy under the said recited acts, and who shall not have commenced any action or proceeding therefor, before the passing of this act, his, her, or their executors and administrators, (in either of such cases,) may proceed to recover such damages, and in the case of an action being commenced, the taxed costs as aforesaid, and may recover the same by presentment of the grand jury, in the same manner as in the immediately preceding provisions respectively directed: provided, that such person or persons need not serve or post any notice of his, her, or their intention to apply for compensation for any such damages upon any person or persons, save that he, she, or they shall lodge with the secretary of the respective grand jury, as applications for public works are lodged, an application setting forth the damages sustained, and the amount thereof, and in the case of any action commenced, the taxed costs as aforesaid, and setting forth the time and place when and where such robbery was committed, and the particular property robbed, which application shall be scheduled by the secretary of the grand jury, and be dealt with as other applications for compensation for damages in other cases: provided, that such damages shall be levied off the barony, county of a city, or county of a town, in which such robbery shall have been committed. 5. And be it enacted, that this act shall extend only to Ireland. 6. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament. CAP. LXX. An Act for dispensing with the evidence of the proclamations on fines levied in the Court of Common Pleas at Westminster. [31st August, 1848.] CAP. LXXI. An Act to continue to the 20th day of July 1853, and to the end of the then next session of parliament, Her Majesty's commission for building new churches. [31st August, 1848.] CAP. LXXII. An Act to amend the acts relating to the constabulary force in Ireland, and to amend the provisions for the payment of special constables. [31st August, 1848.] Sec. 1. Power to Lord Lieutenant, &c. to fix salaries of constables. 2. Salary of a limited number of constables under 2 & 2. Number of constabulary chargeable on consolidated 5. Proportion of sub-inspectors and head constables to 6. If constabulary shall be ordered under the authority 11. Oath on appointment may be taken before one magis- 12. Receiver, with consent of treasury, may appoint a person to act for him, and draw on the bank of Ireland, in case of his illness or absence. 13. Orders drawn by justices for payment of special con stables under provisions of 2 & 3 W.4, c. 108, valid. 14. 6 & 7 W. 4, c. 13, &c., and this act, construed as one. 15. Schedules to be part of the act. Whereas it is expedient to alter and amend several pro'visions of the acts relating to the constabulary force in 'Ireland:' be it enacted, that the Lord Lieutenant or other chief governor or governors of Ireland may appoint such annual salary as may seem proper to be paid to each constable appointed or to be appointed under any of the acts now in force relating to the constabulary force in Ireland, not exceeding thirty-eight pounds for each mounted constable, and thirty-six pounds for each dismounted constable, and to direct that such annual salary shall commence on and from the first day of April in this present year. 2. 'And whereas under the 2 & 3 Vict. c. 75, several ' of the constables of the said force are at present in the receipt of a salary of forty pounds per annum :' be it enacted, that each of such constables shall continue to receive the said salary until the Lord Lieutenant shall otherwise direct, and that the Lord Lieutenant may direct the said salary of forty pounds to be paid to any other consta bles: provided always, that the number of constables receiving such salary shall not at any one time exceed fifteen, 3. And whereas by 9 & 10 Vict. c. 97, it was pro'vided that the whole cost of the constabulary force, save as therein mentioned, should be paid out of the consolidated 'fund: and whereas it is expedient to determine the num'ber of officers and men whose pay and expenses may, un'der the said act, be charged upon the said consolidated 'fund for each county, county of a city, or county of a 'town in Ireland :' be it enacted, that the number of officers and men chargeable to the said consolidated fund shall be such as the Lord Lieutenant or other chief governor or governors of Ireland may consider to be required, but shall not exceed in any year, after 31st March, 1848. 4. And whereas it is expedient to determine the sum 'to be charged upon each county, or any part or district 'thereof, or any county of a city or county of a town in 'Ireland, where, by the laws now in force, one moiety of 'the expenses of any constabulary force is chargeable thereupon, and also the sum to be charged upon any borough 'for which a constabulary force shall be appointed, in pursuance of an act of the 3 & 4 Vict. c. 108,' that after the 31st March, 1848, such cases there shall be chargeable to each such county, county of a city, county of a town, er borough, per annum, for each sub-inspector one moiety of the sum of one hundred and sixty pounds, for each head constable one moiety of the sum of seventy pounds, and for each constable or sub-constable one moiety of the sum of thirty-five pounds two shillings and sixpence, and so for every fractional part of a year. 5. That where an additional constabulary force shall have been certified by the magistrates of any county, as now by law provided to be necessary for the due execution of the law within such county, and shall be appointed in conformity with such certificate, and also where an additional constabulary force shall be appointed for any borough under the provisions of the 3 & 4 Vict. c. 108, the Lord Lieutenant, to appoint one sub-inspector for every fifty constables and sub-constables, and one head constable for every twenty-five constables and sub-constables, so appointed; and the expense of such sub-inspectors and head constables shall be chargeable upon such county or borough, and be repaid by grand jury presentment, or from the borough fund, in the same manner as the expense of the constables and sub-constables who may have been so appointed. 6. And whereas by 6 & 7 W. 4, c. 13, the inspector general is authorized, subject to the direction and control of the Lord Lieutenant, to direct that the whole or any 'number of the constabulary force of any county, county of a city, county of a town, or town and liberties, shall 'go and repair to any place or places in any other county all witnesses summoned by the inspector general or deputy 'or counties, or in any county of a city, or county of a 'inspector general, or person or persons nominated at any 'town, or town and liberties: and whereas in the said act time by the Lord Lieutenant, shall, during their attendof the 9 & 10 Vict., the case of a portion of the force of ance at such inquiry, and in going to and returning from one county temporarily sent by the inspector general into the same, be privileged from arrest; and that all persons another county was not provided for: be it enacted, that so summoned who shall refuse to be sworn, or, being whenever any officer or officers, head or other constable or sworn, shall refuse to give evidence or to answer all such constables, or sub-constable or constables, shall be ordered | ́questions as may be legally demanded of them, shall forby the inspector general, to go and repair to any place orfeit and incur such penalty, not exceeding five pounds, as places in any county, county of a city, or county of a town, other than that to which he or they may belong, and shall be absent from his or their proper county or place more than five days, the county, county of a city, or county of a town to which he or they shall be so removed shall, in case the Lord Lieutenant shall so direct, be charged, at and after the rates herein-before specified, with a moiety of the expense of each such officer, head constable, or sub-constable during the period of his or their remaining in such county, county of a city, or county of a town; and the amount of such moiety shall be repaid by grand jury presentment, in like manner as any sums payable in respect of the constabulary force. 7. And whereas by an act of the 8 & 9 Vict. c. 46, provision is made for the appointment and payment of ad'ditional head and other constables for keeping the peace in the neighbourhood of railway works or other public ' works in Ireland:' be it enacted, that whenever such additional head or other constables shall have been or shall be employed for the purposes and under the provisions of the said last-recited act, the company or other parties carrying on such railway or other public works shall be chargeable for the expense of such head and other constables, but according to the proportion of head and other constables herein-before provided, and also according to the scale of charge herein-before provided for head and other constables, save that such company or parties shall be chargeable for the whole and not for the moiety only of such respective rates of charge. the said inspector general or deputy inspector general, or persons holding such inquiry, shall direct, and in default of payment thereof shall and may be imprisoned for such period, not exceeding one month, as such inspector general or deputy inspector general, or person or persons holding such inquiry, may direct and adjudge;' be it enacted, that from and after the passing of this act the assistant inspectors general (without any special appointment), or for any county inspector or sub-inspector who shall be appointed by the inspector general (or in his absence by one of his deputies) may be president of any court of inquiry into the truth of any charges or complaints preferred against any member of the said constabulary force of any neglect or violation of duty in his office, to examine on oath into the truth of such charges or complaints, and to summon any witness or witnesses on such inquiry, and to act in all respects in relation thereto as effectually as can be done under the said recited acts, by the inspector general or a deputy inspector general, or by any person nominated for the purpose of holding such inquiry, by the Lord Lieutenant; and the witnesses summoned to attend such inquiry shall have the name privilege from arrest, and shall be subject to the same penalties for false swearing, and for refusing to be sworn, or (being sworn) to give evidence, or to answer all such questions as may be legally demanded of them, as are provided in the said acts: provided, that if any fine or imprisonment shall be imposed by the president of any such court, or person or persons holding such inquiry, upon any person summoned to attend thereat, he or they shall forthwith specially report the same to the Lord Lieutenant or other chief governor or governors of Ireland. pointed under the said act, and to be administered by any two magistrates:' be it enacted, that after the passing of this act the said oath may be taken before and administered by one magistrate. 6 8. And whereas by the 3 & 4 W. 4, c. 13, the Inspector •General is required to make out a certificate of the monies 'chargeable under the said act on each county, county of a 11. And whereas by the said act of the 6 & 7 W. 4, c. 'city, county of a town, or any part of a county, specify-13, a certain oath is required to be taken by all persons ap'ing the force or service in respect whereof such charge 'may have been incurred, and transmit the same, when 'approved and certified by the chief or under secretary of 'the Lord Lieutenant, to the secretary of the grand jury 'for such county, county of a city, and county of a town, 'one week before each assizes and presenting term, who 'shall lay the same before the grand jury: and whereas 'doubts have arisen in some cases with respect to the suf'ficiency of certificates which have been laid before grand 'juries in pursuance of the said enactment, and it is expedient to provide a form of certificate which shall be suf'ficient in all cases :" be it enacted, that the certificate to be transmitted by said inspector general, or by his deputies, to the secretary of the grand jury of any county, county of a city, or county of a town, before any assises or presenting term, shall be made in the form contained in the schedule (B.) to this act annexed, or to the like effect, and shall not be required to state any further or other particulars than such as appear in the said form; and in case of there being no inspector general, or in case of his absence, any such certificate may be signed by one of the deputy inspectors general, and shall be of like validity. 9. That from and after the passing of this act the officers and men of the constabulary force shall have the same rights, powers, and authorities in and for each of the counties, counties of cities, and counties of towns immediately adjacent to that to which they may have been appointed, as if they had been appointed for such counties, counties of cities or counties of towns respectively. 12. And whereas by the said act of the 6 & 7 W. 4, 'the Bank of Ireland is authorised to pay the drafts of the receiver only, countersigned by the inspector general or ' one of his deputies for constabulary services: and whereas 'the receiver may, from illness or absence on leave, be unable to draw such drafts:' be it enacted, that the said receiver shall submit for the approval of the commissioners of Her Majesty's treasury the name of a person to act for the said receiver during his illness or in his absence; and when the commissioners of Her Majesty's treasury shall signify to him their approval of such person, the said commissioners shall notify the same to the inspector general and to the secretary of the Bank of Ireland, whereupon the governor and company of the Bank of Ireland may pay the drafts of the person so named and approved, to draw on the account of public monies for the said constabulary force; provided that the drafts of such person shall be countersigned by the inspector general, or by one of his deputies, and shall express whether they are drawn during the illness or absence of said receiver; and the said receiver and his sureties shall be, and they are hereby declared responsible for the act or acts of such person so authorised by such receiver to act in his behalf as aforesaid. 13. And whereas by an act of the 2 & 3 W. 4, c. 108, it was provided that in case any tumult, riot, or affray is 10. And whereas by the 6 & 7 W. 4, c. 13, it is enacted apprehended, any two or more justices of the peace may 'that the inspector general or deputy inspector general, or appoint special constables: and whereas by the same act 'any other person or persons to be nominated for the pur-power is given to the justices, as therein mentioned, to 'pose by the Lord Lieutenant, to examine on oath into the issue orders on the treasurer of the county, county of the 'truth of any charges or complaints preferred against any city, or county of the town in which such special constables 'person, of any neglect or violation of duty in his office: 'shall have served, directing such treasurer to pay to the ' and whereas by the 2 & 3 Vict. c. 75, it is enacted, that ́said special constables such allowance for their trouble, |
