Court Papers. Chancery. JAN. 18. The following gentlemen were called to the Bar at the sitting of the court : William Pryce Maunsell, Esq., A. B., T. C. D., second son of Henry Maunsell, Esq., Barrister-atLaw, of the City of Limerick. and Hugh McCalmont Cairns, or any four or more of you to inquire into and report upon the state of the business of the Court of our Commissioners for the sale of Incumbered Estates in Ireland under the Act passed in the session of Parliament held in the eleventh and twelfth years of our reign, chapter 48, and under the Act passed in the session of Parlia-| ment held in the twelfth and thirteenth years of our reign, chapter 77, and of an Act passed in the session of Parliament held in the sixteenth and sevenJohn O'Connell O'Leary, Esq., A. B., T. C. D. teenth years of our reign, chapter 64, and to con. only son of Joseph O'Leary, late of Lower Garsider and report whether it would be desirable that diner-street, in the City of Dublin, Esq., Barristerthe said court should be continued either perma-at-Law, and Vice-President of the Queen's Colnently or for any and for what period, and whether lege, Galway. with any and what additions to, or alterations or modifications in its powers, constitution and procedure, or whether the said court should be annexed to, or its powers transferred to our Court of Chan-at-Law, D. L., &c. cery in Ireland. And for the better discovery of the truth in the premises, we do by these presents, give and grant full and power to you or any four or more of you, authority to call before you or any four or more of you, such and so many of the Commissioners, officers and clerks of the said court, and all such other persons as you shall judge necessary, by whom you may be informed of the truth in the premises, and to inquire of the premises by all other lawful ways and means whatsoever. And we do hereby give and grant unto you or any four or more of you full power and authority to cause all or any of the officers and clerks of the said court to bring and produce before you or any four or more of you all books, papers, or other writings belonging to the said court, or any of the officers within the same. you shall And our further will and pleasure is, that you do, within one year after the date of this our commission, or sooner if the same can conveniently be done, (using due diligence,) certify to us in our Court of Chancery, under the hands and seals of you or any four or more of what you, have done in the premises. And we further will and command, that this our commission shall continue in full force and virtue; and that you our commissioners or any four or more of you shall and may, from time to time, proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment. And for your assistance in the due execution of this our commission, we have made choice of our trusty and well-beloved James Anthony Lawson, Esquire, Barrister-at-Law, to be secretary to this our commission, and to attend you, whose services and assistance we require you to use from time to time as occasion shall require. Christopher O'Connell Fitzimon, Esq., A.B., T. C.D., eldest son of Christopher Fitzsimon, of Glancullen, in the County of Dublin, Esq., Barrister STATUTES PASSED IN THE SESSION XXII. At such first and every other meeting for In witness whereof we have caused these our let-able within six months next preceding such electers to be made patent. Witness ourself at Westminster, the twenty- By warrant under the Queen's Sign Manual, (seal) tion; and of the payment or nonpayment of such rate, a receipt, certificate, or certified list, under the hand of the collector of poor rate, the barony collector, and the collector under any local Act in force in the city or town, shall for such purpose be deemed sufficient evidence, and which certificate or certified list such collectors and barony constables are hereby required to furnish to the person or persons presiding at such election; and if any controversy shall arise at such meeting as to the qualification or right to vote of any person claiming to vote or to be qualified, such controversy shall be determined by the person or persons presiding at such meeting upon reference to the rate book, which the clerk of the union is hereby required to produce at such meeting. XXIII. The day upon which one third of the commissioners elected under this Act shall annually go out of office, as herein-after provided, shall be the fifteenth day of October in each year, or the next lawful day thereto, and on the same day annually the places of commissioners going out of office shall be supplied by an equal number of newly elected commissioners to be chosen from among the householders or occupiers of the town, qualified to be commissioners, as herein-after prescribed; and where the town is divided into wards, the place of each commissioner going out of office shall in all cases under this Act be filled up by the ward which returned him: provided always, that if such first election of commissioners under this Act shall take place before the fifteenth day of October in the year of such election, the commissioners then first elected shall all continue in office until the fifteenth day of October in the year next ensuing that in which such election shall have been held, or the next lawful day afterwards. XXIV. Save as herein before in that behalf provided, so much of "The Commissioners Clauses Act, 1847," as relates to the election and rotation of the commissioners, save so much thereof as relates to the scale of votes of owners and occupiers, shall be incorporated with and read as part of this Act; and that wherever in the portions of said Act so incorporated, or in any other portions of said Act, 1 XXVI. So much of The Commissioners Clauses Act, 1847," as relates to the qualification of the commissioners, shall be incorporated with and read as part of this Act. And with respect to the meetings and other proceedings of the commissioners, be it enacted as follows: XXVII. All the commissioners so returned as aforesaid shall, at twelve of the clock at noon on the first Monday after such election, hold their first general meeting in the town hall or other convenient place within such town, with power to adjourn to such other place as they may think fit; and meetings of the commissioners shall be held in such places as they shall appoint within the town upon the first Monday of every month in each year, at twelve of the clock at noon. XXVIII. Save as herein in that behalf provided, so much of "The Commissioners Clauses Act, 1847," as relates to the meetings and other proceedings of the commissioners, and their liabilities, shall be incorporated and read as part of this Act. (To be continued.) Just Published, price 7s. 6d., by Post, Ss. HE LAW OF JUDGMENTS AND EXERIFFS, in relation to WRITS of EXECUTION and INTERPLEABy ROBERT W. OSBORNE, Esq., Barrister-at-law, DER; with INDEX, NOTES, and CASES. Just Published, price 8s. 6d. Free by Post, THE NEW LAW RULES, with PRACTI THE NEWNTLY, CASES UPON, FORMS 9, EACH RULE. By EDWARD JOHNSTONE, Esq., M.A., Barrister-at-Law or of "The Towns Improvement Clauses Act, 1847, PECTORAL AND COUGH MEDICINES. herein-after incorporated with this Act, the expression "special Act" occurs, same shall be construed, but so far only as relates to towns which shall adopt the provisions of this Act, to mean this Act, and shall be read as if, instead of such expression, there were inserted in such provisions the words "The Towns Improvement (Ireland) Act, 1854," as ap plied to any particular town adopting the provisions of this Act and of the Acts incorporated herewith. And with respect to the qualification of commissioners, be it enacted as follows: XXV. Every person who shall have been for twelve months preceding the first day of January in the year in which such election is held the im. mediate lessor of lands, tenements, and hereditaments within such town, or within such boundaries of the same respectively as aforesaid, of the value of fifty pounds or upwards, according to the last poor law valuation, and who shall reside within five miles of the boundary of such town, and also any householder or occupier of full age rated to the relief of the poor in respect of a dwelling house in the town at the net annual value of twelve pounds or upwards, not being an ecclesiastic of any religious denomination, shall be eligible to be elected a commissioner for the purposes of this Act, and may be proposed at such meeting by any householder or occupier qualified to vote under the provision herein-before contained, and may be seconded by any other householder or occupier qualified to vote as aforesaid. OLDHAM'S COMPOUND SYRUP OF SMILAX. This grateful Syrup combines with the balsamic and restorative properties of Similax Aspera, the soothing virtues of the Garden Lettuce, and the efficacious principles of the Ipecacuanha and other expectorants It is found most useful in affections of the chest, allaying the troublesome irritation which provokes coughing, and removing phlegm, difficulty of breathing, and hoarseness. It is also a nice medicine for children. OLDHAM'S COUGH DROPS. Recommended for Coughs, Colds, Asthmatic Complaints, Hooping Cough, and all ordinary Chest Affections. removes huskiness of the throat, and relieves soreness and oppression of A teaspoonful taken occasionally allays cough, promotes expectoration, the chest. Price is OLDHAM'S ANODYNE COUGH LOZENGES. The acknowledged excellence of the medicinal ingredients, and the de: commend them as a most efficacious and agreeable preparation for the relief of recent Coughs, Colds, Asthmas, Hooping Cough, &c. Price Is, per box. served reputation which they have acquired, induce the proprietor to re OLDHAM'S SMILAX AND HIPPO LOZENGES. These agreeable Lozenges are highly beneficial in soothing irritative Cough, relieving the Chest, and removing Hoarseness. Price Is. per box. Prepared by GEO. OLDHAM and CO., Pharmaceutical Chemists and Apothecaries, 107, GRAFTON ST, Dublin; of whom may be also had Oldham's Lettuce Lozenges, 1s. per box; ippo Lozenges, is per box; Cayenne Lozenges, Is. per box; Jujubes. Sore Throat Lozenges, &c., &c. DUBLIN, JANUARY 27, 1855. A talented correspondent, signing himself "Junior," some few weeks since offered a suggestion, through the medium of our columns, relative to the forma tion of an "Irish Law Amendment Society." We think that his proposition is one which ought not to be lost sight of. In an age like ours, when a mania for making changes in the law is so universal, we regard a Society of this description as a corrective of the mischief which this enthusiasm is calculated to produce. It is better that the crude scheines which frequently see the light for the first time in the House of Commons, should pass through the ordeal of the scrutiny of such a body as we recom. mend. Many, otherwise crude, observations might thereby acquire a useful and practical form, and the admitted abuses that still pervade our law and many procedure might be brought under discussion, and apt remedies devised. There is one department in which the labour of such a Society would tell with IN RE HYLAND. Admission as an attorney--Apprenticeship-Fatality.... COURT OF EXCHEQUER: SIR R. A. O'DONNELL v. RYAN AND OTHERS. Ejectment Judgment recovered-Estoppel--Mines-Pleading-Defence-Form of judgment -13 Vic. cap. 118-16 & 17 Vic. cap. 113.. MAHONY U. FALVEY. Bill of particulars-Process and Practice Act............ 126 131 great effect. We allude to the minor branches of the Law of Procedure, which are by statute placed peculiarly within the power of the judges, who may by general orders direct from time time the necessary modifications. Suggestions from so enlightened a body as a Law Amendment Society, with respect to the framing of the rules of practice, would, we are convinced, be received by the learned judges with attention and consideration. Indeed, the unsatisfactory and imperfect nature of some of the present rules is, we believe, attributable to the want of competent assistance in their composition. An Irish Law Amendment Society would, of course, maintain a close correspondence with the English body, whose labours have frequently told with effect in Parliament, and this would be a step in advance towards the great work of the consolidation and assimilation of the laws of both countries,-"a consummation," we again repeat " devoutly to be wished." Review. The Practice of the High Court of Chancery in Summary Petition Matters, with Precedents, by JOHN F. REILLY, in great measure lost to the practitioner. But then Its form is THE legal text books which, in our day, ever and anon issue from the press, continually in the sister country and occasionally in our less favoured land, may be regarded as dividing themselves into two classes: one of these classes consists of the productions of those, perhaps recently inducted into the legal profession, who desire to inaugurate their investiture with the degree of "apprentice of the law" by the publication of an essay on some professional topic, which will display the abilities and acquirements of the writer, and in some degree answer the in 1841, of Mr. Ferguson's able treatise on the same purpose which with our less refined transat-practice of the Common Law Courts, no work bids lantic brethren, is more suminarily effected by the fairer to become a general favourite with the Proissuing of "a card." The other class of legal publi- fession than that now under review. cations includes books written upon subjects with portable and convenient; its style is clear and easy; which the authors are practically conversant, and its arrangement is simple, perspicuous, and elegant, called into existence for the purpose of illustrating, and its details are full and satisfactory. The body not the writer's talents, but the nature of the sub- of the work consists of nine chapters, and some of ject with which he deals. Of this latter class we them are again subdivided into appropriate sections. are happy to say that a comparatively large number The preliminary chapter treats of sumhas recently issued from our press, and to that num-mary petitions, in general, and the points of pracber the recent treatise of Mr. Reilly, mentioned in tice common to all such. The author, at the very the heading of this article, forms a most acceptable and creditable addition. Two things are requisite to render a law book a general favorite; first, that it should be actually wanted; and secondly, that its author should be competent for the task. Both these desiderata recommend the present volume. In the first place, we question whether it would have been possible to have selected a subject which demanded a treatise more urgently than did the present one. The host of Acts of Parliament investing the Court of Chancery with powers exercisable upon summary petition, with their multifarious and perplexing provisions, (see Table of Acts, pp. 37-43,) never digested till the present publication, were of themselves calculated to lead the student into a hopeless maze and there leave him to his fate. Then came a series of decisions, some bearing directly upon these statutes themselves, others upon analogous English Acts, and others, moreover, with regard to the inherent summary jurisdiction of the court to grant relief upon petition without the aid of statute law, which scattered over the pages of a very large library of reports, both English and Irish, were, under ordinary circumstances, outset, premises, that "cause petitions, filed under the Chancery Regulation Act, 1850, are in name petitions, but as they are, in their nature, bills, it is not intended to treat of them in the following pages; therefore the observations and the precedents will be entirely confined to petitions presented under the summary jurisdiction of the court, that is, to petitions presented either in a minor's or solicitor's matter, or the like, or in the matter of an Act of Parliament, which gives special jurisdiction to the court," (p. 1). He adds in a note ib. :-" Petitions in lunacy and in bankruptcy, not being in Chancery, though heard by the Lord Chancellor, are not referred to in the following pages." Mr. Reilly then discusses seriatim the special incidents appertaining to summary peti. tions in Minor matters, Trustee and Trustee Relief Acts, Acts relating to leases, the jurisdiction of the court over Solicitors, the Lands Clauses Consolidation Acts, the appointment of Receivers on petitions, the Act for enabling Judgment Creditors to charge Stocks, and the Charitable Trusts Act. With respect to chap VII., wherein the appointment of receivers is treated of, Mr. Reilly, in a note, and costs; or the fees of a commission of lunacy ; or an undertaking to pay the amount of an award; or for the payment of the amount of rent distrained for and the costs; or a share of the expenses of a commission of bankruptcy; or not to negotiate a promissory note until the expiration of a certain period. The following are instances of undertakings of which the court refused to compel the performance: an undertaking to perform acts for the pur explains that, with regard to receivers under the Judgment Acts, "as this subject is considered at large in his book on Judgment Petitions and its Supplement, it is not intended here to give more than general directions on the subject, with the addition of cases reported since the publication of the Supplement, and references to the pages of the former book, for the convenience of the practi-pose of clearing the title of lands which had been tioner." We must candidly confess that we differ from Mr. Reilly as to the prudence of omitting fully to incorporate that important branch of the subject in his present book, and of thus referring his readers to three treatises in place of one. Without perhaps, it being desirable to reproduce the bulk of the matter of his former work in the present volume, we should have much preferred, had hepp. 338, 339. old; to give a bail-hond to a sheriff, the contract being void at law; to pay the balance of some purchase money; to guarantee the amount of a loan; to give an indemnity for being allowed to use a person's name in an ejectment; or to make an arrangement either for the payment of a debt, or to give notice when the debtor is going to leave prison; and an undertaking not made as the solicitor in the cause but merely as a friend, or as party to a suit.” to those summary petitions which are in the nature of independent causes, the class which are merely auxiliaries to plenary suits, as for example, petitions for rehearing, and those to obtain the benefit of pending proceedings, have not been treated of, being more appropriate to a work on general Equity practice. It is not often that a book is presented to the profession under such favourable auspices as the present, recommended as it is by the prestige acquired by previous successful labour in the same field, and by the intimate knowledge of his subject which the author enjoys from his official position. transferred thither all the particular directions re- The scope of the present work, being confined lating to that class of summary petitions. Each subject is followed by appropriate, and we doubt not, approved precedents, adapted to the particular case, thus affording to the legal practitioner not only a compass but a chart to steer by. We regard this part of his labours as very useful, stamped as it is, in some degree, with an imprimatur. It always strikes us favourably, in connexion with this treatise, that while the results of the authorities bearing upon given questions, are concisely stated, the authorities themselves, as noted at foot of the pages, are numerous. This feature characterizes the present volume. Many topics he disposes of in a few concise paragraphs, with accompanying references, which would have furnished a mere book-maker with as many imposing chapters. The work is enriched by an Appendix of the several Acts referred to in the text, and by an Index, which we should desire to see a little fuller. Perhaps we might also suggest, that, in the next edition, the heading of each section might appear at the top of the margin of each page. That would give increased facility for reference. From a work of this character it seems to very little purpose to give copious extracts in a review. We, however, think it right to give a specimen of the author's style and method, which will in degree illustrate that quality of terseness which pervades his book. Speaking of examples of undertakings enforced against solicitors, he thus writes: "The following are instances of undertakings which the court have compelled attorneys and solicitors to perform: an undertaking to enter an appearance; or to put in a plea of confession; or to obtain an assent to arbitration; or to pay the amount of debt STATUTES PASSED IN THE SESSION And with respect to the chairman of the commissioners, be it enacted as follows: XXIX. The commissioners elected under this Act shall furnish to the Lord Chancellor of Ireland for the time being a certified return, setting forth the name, age, rating, occupation, or profession of the persons elected to be commissioners, and it shall be lawful for the Lord Chancellor, if he shall think fit, to select from such commissioners a proper and qualified person to act as a justice of the peace for the purposes of this Act within the boundaries of the town, and then in all cases arising under this Act, and cognizable by one or more justices of the peace, the person so selected shall, during his term of office, and during that term so long as the Lord Chancellor shall not disapprove, have the jurisdiction and authority of and be a justice of the peace within the boundaries of the town as specified for the purposes of this Act, and for such purposes only, provided such town be not situate within the Dublin metropolitan police district. And with respect to the duties of such commissioner so selected as aforesaid, to have the jurisdic |