purchaseable on payment of a gross sum of money, and also any arrear remaining unpaid of any annual or periodical charge for payment of which a sale might be decreed by a court of Equity. And the word "incumbrancer" shall mean any person entitled to such incumbrance, or entitled to require payment or discharge thereof. And the word "possession" shall include the receipt of the rents and profits. And the word "owner," as applied to any land, shall include any person entitled in possession, in fee simple, or in tail, or quasi in tail, and any person entitled in possession for a life or lives, or for a term of years determinable on the dropping of any life or lives, or for a term of years of which not less than CHANCERY. Samuel Ward and others, this Cause, bearing date the 15th Defendants. all persons having Charges and Incum brances affecting that lot or piece of Ground situate on the North side of College Street, and extending back to the South side of Fleet Street, situate in the County of the City of Dublin, with the Buildings erected thereon, the property of Henry Ward, late of Shamrock Villa, in the County of this cause mentioned, to come in before me at my Chambers on the Ins Dublin, deceased, being the Tenements and Premises in the Pleadings in Quay, in the City of Dublin, on or before the 2nd day of July 1849, and added to prove the same, otherwise they will be precluded the benefit of said decree. Dated this 16th day of May, 1849. EDWARD LITTON. Charles Gaussen, & Co., Solicitors for the Plaintiffs, JUST PUBLISHED, The Fourth Edition, with Side Notes, &c., of Vols. L and II., handsomely bound in cloth, price 32. EDWARD J. MILLIKEN, Bookseller and Publisher, 15, College. green. NEW LAW BOOKS. CONCISE FORMS OF WILLS, with Practical Notes. HAYES and T. JARMAN. 4th Edition, cloth bds. 158. int endedas a First Book for the use of Students in Conveyancing. By JOSHUA WILLIAMS, Esq., of Lincoln's-inn, Barrister-at-Law, I vol. 8vo. cloth, bds. 16s. 99 years are unexpired, not being a lessee at a rent, MACAULAY'S HISTORY OF ENGLAND. and also any person entitled in possession as tenant by the curtesy whether at Law or in Equity, and any person entitled in possession whether in fee, or any lesser estate as aforesaid to the Equity of redemption in any land, or to the land subject to any incumbrance, or a trust for the payment of any incumbrance, and any feofees or trustees for charitable or other purposes entitled in possession; and the word "owner," as applied to a lease in perpetuity or other lease, shall include any person entitled in possession to the land comprised in such lease for the whole estate created or agreed to be created by such lease, or for any derivative estate (created by settlement on testamentary or other disposition thereof) quasi in tail, for life or lives, or for years. of which not less than 50 years are unexpired, not being an under-lease at a rent derived out of such A TREATISE ON THE LAW OF LEGACIES. By lease, and any person entitled in possession for such whole estate or such derivative estate as aforesaid JARMAN and BYTHEWOOD'S CONVEYANCING, Vol. II.-WILLS. Boards, £1 12s. administered by the HOUSE OF LORDS. By Sir E. B. SUGDEN, 1 vol. royal 8vo. El 11s. 6d. boards. THE LAW OF HUSBAND AND WIFE. A Treatise on the Law of Husband and Wife as respects Property, partly founded upon Roper's Treatise, and comprising Jacobs' Notes and Additions thereto. By J. E. WRIGHT, Esq. of the Inner Temple, Barrister-at-Law. 2 vol. royal 8vo. £2 10s boards. the late R. S. DONNISON ROPER, Esq., Barrister-at-Law, of Gray's.inn; and by H. H. WHITE, Esq., Barrister.at-Law, of the Mid dle Temple. Fourth Edition, 2 vols, royal 8vo. £3 35. boards. to the Equity of redemption in such lease or to such A TREATISE ON THE LAW OF EVIDENCE, as lease subject to any incumbrance on a trust for the payment of any incumbrance; and the words "per. administered in England and Ireland; with Illustrations from the American and other Foreign Laws. By JOHN PITT TAYLOR, Esq. of the Middle Temple, Barrister-at-Law. 2 vols, royal 8vo, £2 10. Branches of the Law, with Notes. By JOHN WILLIAM SMITH, Esq.. of the Inner Temple, Barrister-at-Law. Third Edition. By H.S KEATING Esq, and JAMES S. WILLES, Esq., of the Inner Temple, Barristers at Law. 2 vols. royal 8vo. £2 12s. 6d. EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, College Green, Dublin. son" and "owner" shall extend to bodies politic and A SELECTION OF LEADING CASES IN Various corporate as well as individuals; and "commissioners" shall mean The Commissioners for Sale of Incumbered Estates in Ireland;" and "Commissioners of Her Majesty's Treasury" shall mean such commissioners for the time being, or any three of them, or the said Lord High Treasurer for the time IRISH MANUFACTURE INDIAN RUBBER BLACKbeing; and every word in the singular number shall extend to several persons and things, and the plural Bootmakers and Grocers through the City, in Bottles at 4d. 8d. and Is. each. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J MILLIKEN, 15, COLLEGE GREEN. 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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 :— We give elsewhere the opinion of the English judges on the errors assigned in the case of William Smith O'Brien, and others v. the Queen, and the judgment of the House of Lords in conformity with that opi nion. JOHN BLACKHAM, Esq., and (FLORENCE M'CARTHY, Esq., and (CHAS. H. HEMPHILL, Esq., and WILLIAM HICKSON, Esq., Bar risters-at-Law. ROBERT GRIFFIN, Esq. and W. G. Common Pleas ........CHAMNEY, Esq. Barristers-at-law. Admiralty Court......{ ROBERT GRIFFIN, Esq. and W.G. such charge, was a conspiracy to put the Queen to death. such compassings, imaginations, intentions, and devices shall express, utter, or declare, by publishing any printing or writing, or by any overt act or deed, every such person, upon conviction, shall be adjudged a traitor." It only remains to be considered, whether such treason did or not range within, and was or not a treason for which provision was made by that part of the 36 Geo. 3, which was extended to Ireland by the 11 and 12 Vic. The 36 Geo. 3, enacts, that "if any person shall, during the life of his Majesty the then king, and until the end of the There was no decision on the substantial question next session of parliament after a demise of the raised by the prisoners, as to whether the 11 & 12 Crown, compass, imagine, invent, devise, or inVic. extended to Ireland in certain cases of treason, tend death or destruction, or any bodily harm tendthe privileges which persons accused of that crime ing to death or destruction, maim or wounding, im are entitled to in England, and whether the denial prisonment or restraint of the person of our Soveof those privileges was the subject-matter of a decli-reign Lord the King, his heirs and successors, and natory plea, the case having been decided, as will be seen on reference to the report, on the ground, that, as the treason, the subject of the sixth count of the indictment, did not come within the provisions of the 11 & 12 Vic.-the Treason Felony Act-which extended to Ireland certain of the provisions of the English Act, 36 Geo. 3, made perpetual by the 57 Geo. 3, it became unnecessary to consider whether the plaintiffs in error were entitled to the benefits derived through those statutes, namely, a copy of the indictment and a list of the witnesses ten days before the trial. We understand, it was assumed in the argument throughout, that the 6th count of the indictment did fall within the provisions of the acts referred to; and the decision consequently turned upon a point that was unargued—one which the counsel for the prisoners thought too clear for argument, and one on which we are informed the counsel for the erown did not mean to rely. It will be in the recollection of our readers, that the treason charged in the 6th count of the indictment was a compassing of the Queen's death, and that one of the overt acts alleged in it in support of The 57 Geo. 3 made perpetual the provisions which related to the heirs and successors of his Majesty, and by the 4th section enacted, that any person indicted for any offence made or declared to be high treason by this act, shall be entitled to the benefit of the 7 W. 3 and the 7 of Anne, (whereby the list of the witnesses and copy of the indictment were to be given ten days before the trial,) save and except in cases of high treason in compassing or imagining the death of any heir or successor of his Majesty, where the overt act or overt acts of such treason, which shall be alleged in the indictment for such offence shall be assassination or killing of any heir or successor of his Majesty, or any direct attempt against the life of any heir or successor of his Majesty, or any direct attempt against the person of any heir or successor, whereby the life of such heir or successor may suffer bodily harm. We confess, were it not for some passages in the judgment of the Irish Chief Justice, we should have been altogether at a loss to divine why the sixth count of the indictment could be supposed to be not within the 36 Geo. 3 or the 57 Geo. 3. That passage is as follows: "I now come to consider the position contended for by the Crown, and, I think, successfully, that even though persons indicted under the 11 & 12 Vic. would be entitled to the benefit of the English statutes, the plaintiffs here could not be so, the indictments not containing any overt acts of personal violence. I have already stated that the 36 Geo. 3, c. 7, appears to me to refer to two distinct classes of treason, the one having for its object the protection of the person of the Sovereign, and the other the preservation of his authority and govern ment; and I think these two classes are unequi vocally recognized and distinguished by the 11 & 12 The 11 & 12 Vic., c. 12, after reciting that doubts were entertained whether the provisions made perpetual by the 57 Geo. 3 extended to Ireland, and that it was expedient to repeal all such of the provisions so made perpetual, and all the provisions of the 57 Geo. 3 in relation thereto, save such of the same as relate to offences against the person of the sovereign, enacts, "that from the passing of this act, the provisions of the said act of the 36 Geo. 3, made perpetual by the act of the 57th of the same reign, and all the provisions of the said last-mentioned act in relation thereto, save such of the same respectively as relate to the compassing or imagining the death or destruction of the heirs and successors of his said Majesty, King Geo. 3, and the expressing, uttering, or declaring of such compassings or imaginings, shall be and the same are hereby repealed;" and by the second section the unrepealed provisions are extended to Ireland. Was, then, the offence charged in the sixth count-Vic. c. 12, which, after a full recital of all the treasons a compassing to put the Queen to death-an offence within the provisions of the 36 Geo. 3, and was it an offence either made or declared treason by the 57 Geo. 3? If it were not such an offence, of course the benefits given by those statutes could not have been claimed by the prisoners; or again, if it were an offence within the range of those acts, did the saving in the 4th section of the 57 Geo. 3, exclude the prisoners from the benefits given by the former part of the section. The counsel for the prisoners assumed that it was such an offence, and also assumed that a conspiracy to put her Majesty to death was not either assassination, killing, or any direct attempt against her Majesty's life, so as to come within the saving in the 4th section of the 57 Geo, 3. The sixth count of the indictment, as we have seen, charged a compassing the Queen's death, and so fell within the 36 Geo. 3, in terms, "shall compass the death of the King, his heirs or successors." The conspiracy to put the Queen to death was charged as an overt act, and so fell within the terms of the same statute, "and such compassing shall express, utter, or declare, by publishing any printing or writing, or by any overt act or deed." According to plain, unambiguous English language, therefore, it would have appeared to us to have been an offence within the statute,and we were anxious to ascertain why it was held not to range within its provisions. The English Judges content themselves by affirming, "It is enough to say, that the charge in the 6th count is not for any treason made or declared by that statute"-i. e., the 57 Geo. 3, which, as we have before seen, made perpetual the provisions of the 36 Geo. 3. In the next sentence, they state that the 4th section of the 57 Geo. 3 "is limited to treasons made or declared by that act, and the treason which is the subject of the sixth count was not one of them, and to which, therefore, it does not apply." This is the only light that we can extract from the opinion, and it is not satisfactory. What were the treasons made or declared? One was, certainly, "compassing the death of the King, his beirs or successors." " made or declared by the 36 Geo. 3, c. 7, sets out ироп Now, with reference to the point, that the indictment does not contain any overt act of personal violence, the answer would be obvious, that the 36 Geo. 3 did not require any particular species of overt act, but uses expressly the words, "any overt act or deed;" and further, even if it did require an overt act of personal violence, a conspiracy to take away the Queen's life was such an overt act. And on the point, that the statute contemplated two distinct species of treason, the protection of the person and the preservation of authority-admitting this to be the fact, it would appear to us that the sixth count of the indictment, as appearing on the record, did embrace a treason against the person of her Majesty. To compass the Queen's death, by a conspiracy to put her to death, is surely an attempt against her person, and we see nothing in the act to limit its provisions to open acts of personal violence. The Irish Chief Justice, though he relied upon, did not rest his judgment on that point merely, and the other judges in the Queen's Bench here did not rely upon it at all. We have heard it suggested, that the English Judges may have decided the case on another ground; namely, that they may have construed the word "declared" in the 4th section of the 57 Geo. 3 as "newly declared;" and that as the Where are the words of sixth count was not for a treason newly deexclusion? where the words of restriction? clared, that statute, as extended to Ireland, was inapplicable to the indictment. We can scarcely, however, believe that their decision could have rested on such a construction, when it is apparent from the same section that the Legislature understood old as well as new treasons to have been comprised in the first part of the section, as they expressly provided, as we have seen before, for the case, where the party was indicted for the old and not "newly declared" treason, of compassing the Queen's death, where the overt act was assassination, and enacted that a party indicted for such an offence should not be entitled to the privileges previously conferred. The design, we apprehend, of the 11 & 12 Vic., was, to retain as treason all attempts against the person and the life of the sovereign, whether direct or indirect, whether by open attack against her life, or by secret designs, as by conspiracy; and to make felony offences which were not directed against the life of her Majesty, but against her authority. The Irish Judges decided the question on the broad ground, that the privilege conferred by the acts of William and Anne on prisoners tried in England, is not extended to Ireland; and if their decision had been upheld on this ground, we could have no reason, as lawyers, to be dissatisfiedthough a grave question of constitutional law has been and is involved in the inquiry why this difference of practice should prevail in the administration of the criminal law of the two countries. The English judges avoided the substantial question, decided on a preliminary point, and assigned no reason for arriving at their conclusion. We cannot, therefore, but feel regret and disappointment at the abrupt termination of a case which involved such important questions, and it is clear it must have been hurriedly decided, or the judges could not have stated, as they did, that the counsel for the prisoners contended for the glaring absurdity, that the 36 Geo. 3 extended proprio vigore to Ireland -a position which, we should think, no member of the English or Irish bar ever contended for. LIKE the former measures for the relief of the Poor, the Bill now before the House, to amend the acts for the more effectual relief of the destitute poor in Ireland, is conversant chiefly with the details of making, levying, and enforcing the pay ment of rates. No section, no line, no word, is introduced, indicating the slightest intention on the part of the Government to direct the vast amount of pauper labour now at their disposal to any work of public utility or improvement. An original policy of the Poor-law-namely, to force proprietors to employ their population in the improvement of their properties, by presenting to them the alternatives of exertion or ruin-having eminently failed among the deeply-incumbered estates of the West and South, another and a more decisive policy has been adopted,—namely, to root out those owners of property who could not, or would not, be roused to exertion, and whose ruin, under the operation of the Poor-law, was too slow for the anxiety of the Government-it may have been, for the necessities of the country. Under the belief that proprietors themselves would be glad to be rid of properties of which they were the mere nominal owners, the Government, last session, brought in a bill to facilitate the sale of incumbered estates; it might have been more appropriately designated as the "Incumbered Bill for the Sale of Estates." This belief as to this anxiety on the part of proprietors, having proved delusive, and the machinery being found not convenient for creditors, another Bill, with in some respects more extensive and in others more limited powers, has been introduced this session. By this concurrent measure, the Government has endeavoured to aid the operation of the poorlaw; however, lest the forbearance of creditors might render trifling the operations of the Incum bered Estates Bill, there are introduced into the present amendment of the Poor-law, enactments which will confer upon Government the power of initiating proceedings for the sale of estates, and at the same time urge every incumbrancer to press properties into the market. We allude to the enactments of the 12th and 13th sections of the bill; the 12th section enacts that civil bill decrees for the recovery of poor rate, shall by a short and simple process, become equivalent to judgments recovered in any superior court; and the 13th section enacts, that all judgments obtained for poor rates in a superior court, and all civil bill decrees for poor rates, rendered equivalent to judgments, as provided in the 12th section, shall take priority before all charges and incumbrances whatsoever-crown and quit rents, tithe rent charge, and charges existing under the "act to facilitate the improvement of landed property in Ireland," excepted. By the first of these enactments, the government have secured to themselves the power of initiating proceedings for the sale of any estate where the poor rate may be allowed to fall into arrear; by the second, the fears of creditors will be awakened by the knowledge that the proprietor may materially injure their security, merely by the non-payment of poor rates. By persons about to purchase or to take land, as well as by the unembarrassed owners of well circumstanced properties, the limitation of the amount to which property is chargeable for poor rate, will be hailed as a boon; but to embarrassed landlords and tottering farmers it will be of little service-the poor rate yet chargeable is too heavy for their ruined resources. However, it is no part of the government plan to save men of this classthey must be cut down as fruitless cumberers of the earth, and their properties, sold at ruinously low prices, will serve to induce capitalists to undertake the profitable employment of the populationa task which the government have considered beyond their power, or out of their province to undertake. "bill to All powerful as may be the effect of thus introducing "new energy and new blood" into the country, we are not satisfied that in a amend the acts for the more effectual relief of the destitute poor in Ireland," some enactment providing for the useful or profitable employment of the able-bodied paupers, was not introduced. However expeditiously the country may right itself under a changed system, a considerable time must elapse before the surplus labour of the population can be absorbed into the cultivation of the soil, and in the mean time, the labour test (as it is called) might, in our opinion, be just as well applied by requiring the recipients of out-door relief to work at the earth-works of a railroad, as by requiring them to attend at a quarry and break stones; and the future advancement of the country towards prosperity, which is, or ought to be, the aim of all those bills, would be much more promoted by the former course than by the latter. The government seem deterred from attempting to turn to any useful purpose the labour of the able-bodied paupers, by the recollection of the ill success attending the administration of relief, through employment on public works; they seem to ascribe as inherent to the system itself, the errors committed in carrying it out; and with such nervous apprehension did they contemplate any return to this system, that it was a long time before the able-bodied paupers though fed at the public expense-were allowed to be employed in rendering the roads which had been torn up under the Board of Works, and left in an unfinished state-passable. However, after much delay and expostulation, the paupers were so employed, and as no evil result followed, it formed fair subject of hope that the principle "that it was dangerous to employ pauper labour usefully" would have been ere now deserted. Before, however, the limitation of the amount to which property is liable for poor rate can produce the full relief intended, a new valuation of the ruined unions will be necessary; the valuation at present existing, and according to which rates are now levied, was made before the famine. Two causes have since conspired to depress the value of land, viz. the failure of the potato, and the decrease of the population -both causes tend to destroy that very minute subdivision of land, which, at the same time, produced two apparently opposite extremes, the maximum of poverty and of rents; a valuation made under these circumstances is greatly disproportionate to the present value of property, and cannot be continued as a basis on which to levy so heavy a tax as seven shillings in the pound. However, to the solvent proprietor or purchaser, this limitation will offer strong inducements to exertion, and if the property of the country is transferred into such hands, we have no doubt a re-valuation would be soon insisted upon. By another provision the interests of this class are still further attended to, and their energies stimulated; improvements are to remain unchargeable with poor rate for seven years. If the bills now before the house will produce the effect they are expected, and seem calculated to produce, namely, rooting out the present race of encumbered proprietors, and handing over their properties to richer and more industrious men-if these new proprietors, in place of making profit of their purchases, by renting them out to small tenants, will themselves undertake their cultivation, will reside and give employment-we should expect to see a mighty change worked in the appearance and fortunes of the country, within seven years. Comfortable farm-houses, hedge-rows and well cultivated fields, replacing waste and desolation-employ ment taking the place of out-door relief-and boards of vice-guardians giving way to men, at once proprietors and cultivators of the soil. If such a destiny awaits this country, men in a few years will smile at the fears which suggested this provision, and will pity the present proprietors, whose indolence or whose poverty required such encouragement to stimulate them to exertion; but at present the provision is a valuable one, and will, we hope, lead to good results. By the 5th section, rent-charges, by way of an nuity and jointure, are made liable to deduction for poor rates; but of mortgages and judgments no notice is taken-these still remain unchargeable the mortgagees and judgment-creditors are entitled to their full interest, whilst judgments can be obtained against the nominal owners of poverty. stricken and profitless estates for seven shillings in the pound on their valuations. If the legislature have come to the conclusion, that encumbered proprietors are an obstacle to the improvement of the country, they seem to have omitted no means of removing them. THE uniform practice of the English Courts has in all cases been to refuse the sheriff the costs of obtaining the interpleader rule, under the 1 & 2 W. 4, c. 58, Eng. In Bryant v. Ikey, (1 Dow. P. C. 430,) the Counsel for the sheriff contended that the class of cases in which the Court had been accustomed to refuse the sheriff his costs, were those in which there appeared to be a bona fide execution on the one side, and a bona fide claim upon the other; that the execution creditor, by his non-appearance having admitted himself in error, and abandoned his rights, and having improperly forced the sheriff into Court, was entitled to his costs. But the Court said, that if the sheriff were to be allowed his costs in cases where either the claimant or execution creditor failed to appear, both would appear to save the expense of those costs; that the judges had therefore thought it better to draw one strict line, and in no case to allow costs to the sheriff. This practice, though adopted in the earlier cases under the similar act 9 & 10 Vic. c. 64, in Ball v. Bruen, (Bl. D. & O.) and in a recent case in the Common Pleas, Alexander v. Handy, (11 Ir. L. Rep. 330,) has not been unanimously approved of in this country, and has been expressly over-ruled by the Court of Exchequer in the cases of Scully v. Figges, (1 Ir. Jur. 36 Ex.;) Luscombe v. Blake, (ib.) The ground upon which the English Courts have founded their practice, is, that the Act confers a large benefit upon the sheriff, by relieving him from a liability he would be otherwise subject to. No question turns upon the construction of these acts, the allowance of costs being in every case entirely in the discretion of the Court. We think the practice adopted by the Court of Exchequer in this country is certainly more just than that of the English Courts, and is that which is adopted in interpleader suits in Equity. Pous v. Gilham, (Coop. 56,) Aldridge v. Mesner, (6 Ves. |