DUBLIN, NOVEMBER 11, 1854. WE, this day, commence the Seventh year of our literary existence, and trust that we shall experience the auspicious influence of the mystic number. Comparatively feeble, as have been the results of our labours as legal journalists, these have not been the less strenuous or sincere, and we trust progressively to earn the confidence of our friends. A vast revolution in law procedure has taken place since this journal was first set on foot, which indeed, at that time, was little anticipated; and we have done, and shall continue to do, our best to make known, through our reporting columns, the details of this new practice, according as they are settled by judicial interpretation. COURT OF EXCHEQUER: WISDOM V. KELLY AND OTHERS.8.--Attorney— Unprofessional agent-13 & 14 Geo. 3, c. 23........ M'NAMARA V. O'LoGHLEN.-Practice-Taxation of costs-Appeal to principal Taxing Master16 & 17 Vic. c. 55, ss. 3 and 4... ... ... ... ... ...... CONSOLIDATED CHAMBER: BLAKE v. MANNION.-Ejectment-Issues-Mesne rates Statute of Limitations...... 6 12 admit that many subjects deserving of comment may have escaped our observation, but our columns are ever open to the insertion of remonstrances against grievances and suggestions for their amelioration, and we earnestly invite our friends freely to come forward, and avail themselves of the opportunity which our Miscellaneous pages present for the discussion of such topics. We shall continue to use our best exertions to give timely and speedy information of new Rules and Orders, contemplated changes in the law, and in short of whatever is calculated to be of professional interest. Having said thus much, it appears to be superfluous to add more, as we are not about to launch on a new and untried undertaking, wherein pledges As we have already remarked, we are the only given at random, and copious self-laudation, might existing medium, in the line of the Press, for be in degree excusable. The plan of our work is communicating the feelings and views of the Irish already practically understood, and we believe we Legal Public, in relation to their profession. We may say appreciated, and it will therefore suffice for have heartily endeavoured to advocate whatever we us to say that we hope to progress uninterruptedly, regard as calculated to promote their interests, and, by the favour of our friends, successfully, in between which and those of the public at large there the present direction of our labours. ought to be no conflict. We are, however, free to WE have been obliged frequently to observe on the hasty and negligent manner in which Acts of Parliament are prepared and passed by the Legislature of this enlightened nation; and whilst our respected and able cotemporary, The English Jurist, has written forcibly and well on the necessity of a codification of the laws; and whilst a commission of learned men has been appointed to systematize the law, and render the same accessible to, and intelligible by the population who are to be governed by it, yet, we humbly think that so long as the current legislation of the kingdom is carried on in a slovenly and careless manner, the codification of the general law would be comparatively useless; and that it would be more important, and of more pressing and practical utility, as well as more easy of execution, to provide for careful and plain legislation in matters respecting the growing necessities of the state, than even to reduce (if possible) the existing law to a uniform code. The consideration of the Procedure Act, passed in the last session of Parliament has more particularly given rise to these reflections, and we conceive that that Act, in itself, affords an eminent proof of the neglect, if not the contempt of our senators, for the first duty of legislators: the promulgation of their edicts. The Act we allude to is 17 and 18 Vic. cap. 125, entitled "An Act for the further Amendment of the Process, Practice, and mode of pleading in, and enlarging the Jurisdiction of the Superior Courts of Common Law at Westminster, and of the Superior Courts of Common Law of the Counties Palatine of Lancaster and Durham,” and it is mentioned in the Index of the Statutes printed by the Queen's Printer as extending only to England, being marked with the letter E. This Act effects many important changes in the law of evidence, the jurisdiction of the judges, the conduct of causes, and the practice of the courts, and is of considerable length, containing 107 Clauses. In this Act is contained an interpretation clause, (section 99,) that most perplexing and inartificial mode of legislation. This clause immediately follows the main provisions of the Act, and declares that in the construction thereof the word "court" shall be understood to mean any one of the superior courts of common law at Westminster ;" and the word "judge" shall be understood to mean a judge or baron of any of the said courts; and the word "action" shall be understood to mean any personal action in any of the said courts. Now, surely, in an Act of such length, and by its title, its interpre tation clause, and the first 102 sections of its enactments adapted and apparently confined to the courts specified in the title, it is a monstrous thing (without any recital or reason assigned) to introduce a clause, (section 103,) to this effect, viz.: the enactments contained in sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32 of this Act shall affect and extend to every court of civil judicature in England and Ireland. But the 19th section, which is the first section of which the enactments are extended to every court of civil judicature in England and Ireland, is to this effect, viz. : « It shall be lawful for the court or judge at the trial of any cause where they or he may deem it right for the purposes of justice, to order an adjournment for such time and subject to such terms and conditions as to costs or otherwise as they or he may think fit." Now, here evidently there is a distinction taken between the court and the judge; the one apparently meaning the court in its collective capacity, and the other the judge presiding at Nisi Prius; and in the latter case it is, at least, doubtful whether a judge sitting at Nisi Prius in Ireland or any place out of Westminster, would have authority to postpone a trial, for although the words of sec. 103, extending the enactments in clause No. 19 and the following clauses to every court of civil judicature, so far enlarges the restrictive meaning of the word "court" in the interpretation clause, yet it does not allude to or extend the meaning of the word "judge," which by the interpretation clause is restricted to a judge or baron of the superior courts of common law at Westminster. And we imagine that it would not be convenient for a judge of the Court of Common Pleas at Westminster to make an order in a cause at trial in the County of Donegal or Kerry, before a judge or baron of the superior courts in Ireland. We do not offer any opinion as to the construction which the courts may put on these contradictory enactments; but we feel persuaded that it is a specimen of legislation which is unworthy of our enlightened Legislature. Court Papers. Chancery. G. Nov. 9.-The following gentlemen were this day admitted to the degree of Barrister: Thomas Kane, Esq., A.B., T.C.D., second son of Daniel Ryan Kane, of Upper Fitzwilliam-street, Esq., Q.C. Henry Colclough Burroughs, Esq., A.B., T.C.D., second son of the Rev. Arthur Thomas Burroughs, late Rector of St. Luke's Parish, in the City of Dublin, deceased. George Whitty Abraham, Esq., A.B., T.C.D., only son of John Abraham, late of Riversdale, in the County of Wicklow, Esq., deceased. Oliver Joseph Burke, Esq., A.B., T.C.D., second son of Joseph Burke, of Ower, in the County of Galway, Esq. Christopher Cheevers, Esq., A.B., T.C.D., second son of John Cheevers, of Killyon, in the Co. Galway, Esq. Walter Sweetman, Esq., London University, fourth son of Michael Sweetman, late of Longtown House, in the County of Kildare, Esq., deceased. STATUTES PASSED IN THE SESSION An Act to amend the Laws for the better Preven- "Whereas an Act was passed in the session holden I. This Act shall commence from the twentyfourth day of August, one thousand eight hundred and fifty-four and from that day so much of the said Act of the second and third years of her Majesty as shall not have expired shall be repealed. or place exceeding one gallon, without a permit or other legal authority justifying the keeping thereof, or any spirits in any quantity whatsoever, the full duties whereon shall not have been duly paid, shall be found in such house or place, to seize such spirits together with the vessel in which the same are contained; and such warrant shall continue in force for one month from the date thereof, and shall be a sufficient authority to the superintendent, inspector, sub-inspector, head or other constable therein named, and his assistants respectively, such assistants being members of the constabulary force, in his presence to enter into such house or place, and seize all such spirits as aforesaid and the vessel containing the same, and to carry away and deliver the same to some revenue officer; and the person on whose premises such spirits shall be found as aforesaid shall on conviction be liable For the first offence, to a fine not exceeding five pounds nor less than two pounds, or to be imprisoned with or without hard labour, for any term not exceeding three months nor less than one month: And for the second and every subsequent offence, to a fine not exceeding ten pounds nor less than five pounds, or to be imprisoned, with or without hard labour, for any term not exceeding six months nor less than three months: And all such spirits and the vessels containing the same so seized as aforesaid shall be forfeited, III. Every person, not being duly licensed to sell wine, spirits, beer, ale cider, or perry, who shall sell, or keep for sale, or expose for sale, any wine, spirits, beer, ale, cider, or perry, shall for every such offence be liable— For the first offence, to a fine not exceeding two pounds nor less than five shillings, or to be imprisoned, with or without hard labour, for any term not exceeding one month nor less than one week : And for the second and every subsequent offence, to a fine not exceeding five pounds nor less than twenty shillings, or to be imprisoned, with or without hard labour, for any term not exceeding three months, nor less than one month : And for the purpose of any such conviction it shall be sufficient to prove that wine, spirits, beer, ale, cider, or perry, was kept for sale or exposed for sale by such person or on his premises, or had been illegally consumed on such premises, at any time within two months preceding such alleged offence; and if any person be found drunk in such house, or having the appearance of having been recently drinking, it shall be deemed evidence of his having been drinking in such house, and of the unlawful consumption of wine, spirits, beer, ale, cider, or perry, unless the contrary be proved. II. It shall and may be lawful for any one or more justice or justices of the peace, whether in or out of petty sessions, upon being satisfied by the personal examination on oath of a credible witness that there is reasonable ground for suspecting that spirits are sold, kept for sale, or exposed for sale in any house or place within the county, not licensed for the sale thereof, or by some persons not having a licence to sell spirits in or at such house or place, or that illicit spirits are kept for sale in or at any house or place, to grant a warrant under his or IV. If any superintendent, inspector, or serjeant their hand or hands, authorizing within the police of the Dublin metropolitan police, or any sub-indistrict of Dublin metropolis any superintendent or spector, head or other constable of constabulary, or inspector of police, or in any other part of Ireland other credible witness, shall make oath in writing any sub-inspector, head or other constable of con- before a justice of the peace that the said superinstabulary, with his assistants respectively, to enter tendent, inspector, serjeant, sub-inspector, head or such house or place at all times, to search for spi- other constable, or credible witness, has good rearits, and if any spirits shall be found in such house son to believe that wine, spirits, beer, ale, cider, or perry, are retailed or sold without a licence, or kept for sale without licence, in any room, house, or other place, it shall be lawful for such justice to grant a warrant authorizing, within the police dis trict of Dublin metropolis, any superintendent, inspector, or serjeant of police, and in any other part of Ireland any sub-inspector, head or other constable of constabulary, with his assistants respectively, to enter into any such room, house, or other places as aforesaid at all times, and such warrant shall continue in force for one month from the date thereof; and if any person shall be found to be drinking or tippling, or having the appearance of having been recently drinking or tippling, on such unlicensed premises, such person may be summoned before the justices of the peace in petty sessions, or divisional justices of the metropolitan police district of Dublin, as the case may be, or may be lawfully apprehended and brought, so soon as conveniently may be, before a justice of the peace, to be dealt with according to law, and upon conviction of his having been so drinking or tipling on such unlicensed premises shall be liable For the first offence, to a fine not exceeding five shillings, nor less than two shillings and six Barlow, John, pence, or to be imprisoned, with or without hard labour, for any time not exceeding twentyfour hours nor less than twelve hours from the time of his conviction: And for the second and every subsequent offence, to a fine not exceeding ten shillings, nor less than five shillings, or to be imprisoned as aforesaid for any time not exceeding one week, nor less than three days: And in all cases where such person shall be found drinking or tippling, or having the appearance of having been recently drinking or tippling, on such unlicensed premises, it shall be lawful for any such superintendent, inspector, sergeant, sub-inspector, head or other constable, and his assistants respectively, to seize any quantity of wine, spirits, beer, ale, cider, or perry found on such premises, together with the vessel containing the same, and all vessels, jugs, or glasses used in the sale or consumption thereof, and on conviction of any such person so found as aforesaid such spirits, wine, beer, ale, cider, or perry, vessels, jugs, and glasses so seized, shall be forfeited, and shall be delivered to some revenue officer. (To be continued.) Encumbered Estates Court. CONDITIONAL AND ABSOLUTE ORDERS, ENDING 26TH OCTOBER. Bailie, Rev. John, Oct. 23, Dec. 1, Solicitor. John Smith. H. Boyce. W. Lambe. E. Lewis. Jan. 23,1855, John Hunt. John Gaussen. Feb. 13,1855, J. Henderson. 23, 24, 23, Dec. 1, ...... ... V. R. Delandra. H. O'Shea. Garde and Atkinson. G. Bolton. Garde and Atkinson. Jan. 18,1855, S. F. Adair. Nov.23,1854, W. Leech. John Collum. H. F. Burroughs. Seymour and Webb. Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COLLEGE GREEN, or by letter (post-paid), will ensure its punctual delivery THE THE LAW OF JUDGMENTS AND EXE- in Dublin, or its being forwarded to the Country, by Post, on the day of publication. CUTIONS, together with the DUTIES and OFFICE OF SHE. RIFFS, in relation to WRITS of EXECUTION and INTERPLEADER; with INDEX, NOTES, and CASES. By ROBERT W. OSBORNE, Esq., Barrister-at-law. Just Published, price Ss. 6d. Free by Post, HE NEW LAW RULES, with PRACTITAL COMMENTARY, CASES UPON, and TURMS RAATTEI O, EACH RULE. By EDWARD JOHNSTONE, Esq., M.A., Barrister-at-Law Dublin: EDWARD J, MILLIKEN, Law Bookseller and Publisher, 15, College-green. TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 17s. Quarterly, 98. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, 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. Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45 FLEET STREET, in the Parish of St. Andrew, and published at 15 COLLEGE OREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, November 11, 1854. |