THE IRISH JURIST No. 307.-VOL. VII. NOVEMBER 18, 1854. PRICE, per Annum, £1 10s. DUBLIN, NOVEMBER 18, 1854. 15 FITZGERALD v. LONGFIELD. Practice-Endorsement of Particulars of payment -16 & 17 Vic, c. 113, s. 41. 16 COURT OF EXCHEQUER: 16 17 17 BISHOP V. WIGRAM. Practice-Amendment of defence-Affidavit of merits 22 BUSTEED V. RAYMOND. Practice-Changing the venue-Common Law Procedure Act-Witnesses 22 BELL V. SHANNON. Practice-Security for costsAffidavit of merits-Plaintiff residing out of the jurisdiction LUSCOMBE U. MARTIN. Practice-Production of documents-16 & 17 Vic. c 113, s. 64.... 23 24 multiplication of reports. The Editor of The Jurist gives it as his opinion that it has become, at the present day, quite impossible to regard the law as a science, so liable is it to continual and capricious fluctuation. Her efers to his own experience in this respect and tells us that he had, till recently, by dint a of system of accurate noting up of fresh cases and statutes, managed to keep up an acquaintance with the current state of the law, but that his efforts were at last completely baffled. Now, we quite agree with our learned friend that the OUR learned cotemporary (The English Jurist) contains, in its last number of November 11, a well-timed article upon the decay of sound legal learning. The writer complains of the rapid extinction of the class of lawyers who do their business conscientiously, completely and satisfactorily to themselves and to their clients, and of the substitution for them of a race of little better than pretenders. Of course the writer speaks from per-law as now administered has ceased to be a science, sonal experience, and it is very possible that his observations may be painfully true of the Bar, of which he is a member, but we are willing to hope that he has somewhat overcoloured the gloomy picture. We trust, at all events, that the Bar of Ireland has not yet arrived at this melancholy pass But the causes which have produced this deterioration, and which we fully admit are calculated to corrode the system, are at work here as well as there. These causes are twofold, in his opinion, Bamely, crude legislation and re-legislation, and the and that it is morally impossible for any man of mere It is true that many legal shoals and quicksands, which were wont to embarrass the practitioner, have since that time ceased to exist, and the great landmarks of the law have not materially been shaken. Making allowance for this laudation of a byegone period, we do not underrate the perils with which we are now encompassed. We ourselves have, ere this, commented on the crudities of legis lation, by which we have been harrassed of late years, and earnestly do we hope that a remedy will, ere long, be provided. That we consider to be by far the greatest difficulty with which we have to cope. We live in too practical and utilitarian an age for the law to submit to be cramped into a science; and the mental stock in trade with which a student must now be satisfied to commence practice should be mostly a thorough knowledge of fundamental principles, leaving the rest to be learned pro re nata: but, unless there be some guarantee for well matured legislation, these landmarks will be in continual jeopardy. With respect to the multiplication of reports, this is also a serious inconvenience. It is discouraging to the student not only in point of expense, but from the hopelessness of ever mastering such a conflict of authorities; and it introduces another element of uncertainty into the administration of the law, inasmuch as it places it within the power of the able and unscrupulous advocate, by dint of sophistry, to carry his point, through the improvidence of the court, and thus to add another autho rity in support of a fallacy. The suggestion of our contemporary for the remedy of this evil has much to recommend it, namely, the appointment of a commission somewhat resem. bling that which sat in the reign of the Emperor Justinian, to make a Digest of such reported cases as are to be regarded as authorities, and to consign the rest to oblivion; and, with regard to future decisions, that the Court should appoint reporters, whose labours should be under their special controul. There are, however, a class of reports, relative to questions of practice, which will always be found of value to the Profession, dealing, as they do, with questions resolved, not for permanence, but to suit the exigency of the time, and begin rather in the light of memoranda to refresh the memories of the judges than authorities to coerce them, and such might be safely left to private enterprise. We hope that both the sources of difficulty, to which we have referred, will be carefully considered and apt remedies devised. STATUTES PASSED IN THE SESSION 17 & 18 VIC. RELATING TO IRELAND. (Continued from page 4.) V. If any person occupying any house or place, or any person aiding or assisting such occupier, on demand made of entrance by any justice of the peace, or superintendent, inspector, or sergeant of police, sub-inspector, head or other constable respectively, and on his stating that he seeks to enter by virtue of his office as a justice of the peace, or by the authority of a warrant from a justice of the peace (which warrant he shall produce when required so to do), shall delay or refuse to admit such justice, superintendent, inspector, serjeant, sub-inspector, head or other constable, or his as sistants respectively, into such house or place for the purpose of executing such warrant as aforesaid, such person shall forfeit and pay a sum not exceeding the sum of two pounds, nor less than ten shillings, or be imprisoned for any term not exceeding one fortnight, nor less than one week, unless proof shall be made to the satisfaction of the justice or justices who may hear the complaint that there was reasonable cause for giving such delay or refusal: provided always, that for the purpose of such conviction as last aforesaid, proof to the satisfaction of the justice who may hear the for sale in such room, house, or place where such complaint that spirits were sold or kept or exposed person was so found therein shall be sufficient evidence that no licence then existed for selling spirits, unless the contrary be proved. VI. As to spirits in transitu or process of removal from one place to another, it shall and may be lawful for any county inspector, sub-inspector, head or other constable of constabulary, to demand from any person having in his custody or possession any spirits in any quantity whatsoever exceeding one gallon a proper permit or certificate authorizing the removal of such spirits, and on the prothe same with his own name, together with the duction of any such permit or certificate to endorse place, date, and time of such endorsement; and in case no permit or certificate shall be produced, or any permit the limitation of which shall have expired, it shall be lawful for such county inspector, sub-inspector, head or other constable, to seize such spirits, together with the vessel containing the same, and the horse or other cattle, and cart or other carriage, used in the removal thereof, and to arrest the person in whose possession or custody the same shall have been found, and to convey him, as soon as conveniently may be, before a justice of the peace, to be dealt with as herein directed; and the person have been found without such permit or certificate, in whose possession or custody such spirits shall or with any permit the limitation of which shall have expired, shall be liable For the first offence, to a penalty not exceeding five pounds, nor less than twenty shillings, or to be imprisoned, with or without hard labour, for a term not exceeding three months nor less than one month: And for the second and every subsequent offence, to a penalty not exceeding ten pounds, nor less than forty shillings, or be imprisoned as aforesaid for a term not exceeding six months, nor less than two months. VII. Nothing herein contained shall extend to prohibit any person or persons duly licensed under any Act or Acts relating to the excise laws in Ireland to carry on his trade or business, for which he shall be so licensed as aforesaid, in booths, tents, or other places, at the time and place, and within the limits, of holding any lawful and accustomed fair, or at any public races, or shall authorize the seizure of wine, spirits, beer, ale, cider, or perry in any such booth, tent, or other place, within the limits aforesaid, in which such person so licensed shall so carry on his trade, or the taking or appre hending of any person therein at any time or hour during which the sale of spirits is not prohibited by law. VIII. All proceedings under this Act shall be conducted, and all penalties imposed, and costs awarded under this Act shall be sued for, levied, and recovered, and any conviction under this Act shall be appealed from, as by the "Petty Sessions (Ireland) Act, 1851," is directed, provided, and enacted, except where otherwise specially exempted or provided for in the said Act and this Act, anything in any former Act or Acts to the contrary notwithstanding. XI. From and after the commencement of thi Act, it shall not be lawful for any officer of excise in Ireland to grant a renewal of any such licence as aforesaid to any person applying for such renewal at and for the same house as shall have been licensed in the year immediately preceding, and whose licence shall not have been withdrawn or anaulled, without such person producing a certificate, signed by two or more justices of the peace presiding at the petty sessions of the district in which such person resides, or if in the Dublin metropolitan police district by a divisional justice of the district in which such person resides, to the good character of such person, and to the peaceable and orderly manner in which such house had been conducted in the past year. XII. "And whereas by the Act of the session holden in the eighth and ninth years of her Majesty, chapter sixty-four, intituled An Act to amend certain regulations respecting the retail of spirits in Ireland, power is given to any justice of the peace, or any chief or other constable or overseer, within the limits of his jurisdiction, to enter into any house or place kept open for the sale of spirits to be consumed elsewhere than in such house or place: and whereas doubts have arisen as to whether the right of entry extends to every part of such house or place, or only to the particular part entered as licensed for such sale of spirits in the books of the inland revenue department:" IX. From and after the commencement of this Act, every person who shall apply for a certificate From and after the commencement of this Act, to obtain an excise licence, under or by the autho- the words "chief or other constable" shall be conrity of any Act or Acts for the sale of wine, strued to mean and include any county inspector, spirits, beer, ale, cider, or perry by retail in Ire-sub-inspector, head or other constable of constabulund, to be drank or consumed on the premises or elsewhere, shall, twenty-one days at least before the quarter sessions at which such application is intended to be made, give notice in writing to the sub-inspector of the district in which he resides, or in his absence to the head constable, or if in the metropolitan Dublin police district, to the superintendent of police of the division in which such person resides, stating the intention of such person to make such application, and setting forth his place of residence, the situation and place of the house where such wines, spirits, beer, ale, cider, or perry are to be sold, and the names and places of abode of the persons whom such person requiring such certificate proposes as sureties. X. The sub-inspector of the district, or in his absence the head-constable, or if in the metropolitan Dublin police district, the superintendent of police of the division, shall be and is hereby authorized to object to such certificate before the justices at the quarter sessions or recorder, as the ease may be, and the justices or recorder shall proceed to consider, examine on oath into, and adjudicate upon the truth, sufficiency, and validity of such objection; and it shall be lawful to require the applicant to answer whether he belongs to any unlawful society or not, but any admission by such applicant is not to be used in evidence in any prosecution against the party making it; and if such justices or recorder shall be satisfied of the truth and sufficiency of such objection, they may prohibit such certificate to be issued, in like manner as they are authorized to do according to law. lary, or any superintendent, inspector, or constable of the Dublin metropolitan police; and the words "house or place" in this and the aforesaid Act, or any other Act or Acts relating to the sale of spirits, wine, beer, ale, cider, or perry in Ireland, shall be construed to mean and to extend to every room, closet, cellar, yard, stable, outhouse, shed, or any other place whatsoever of, belonging, or in any manner appertaining to such house or place; and whatever particular part of such house or place shall be entered in the said books of the said inland revenue department as licensed under the said Act of the eighth and ninth years of her Majesty, or any other Acts relating to the sale of spirits, wine, beer, ale, cider, or perry, as aforesaid, it shall be lawful for any such justice of the peace, chief or other constable, or overseer, or any officer of excise, with their assistants respectively, to enter every room, closet, cellar, yard, stable, outhouse, shed, or any other place whatsoever belonging to such house or place. XIII. And for the better prevention and suppression of offences against the laws relating to illicit distillation in Ireland, from and after the passing of this Act, whenever and from time to time as often as the Lord Lieutenant or other chief governor or governors in Ireland shall see fit so to order and direct, it shall and may be lawful for the county inspector, sub-inspector, head or other constable within any county, county of a city, or county of a town, or in any one or more barony or baronies or half barony or half baronies in such county at large, or any part or parts or district or districts of any such county or county of a city or county of a town named in any order issued in that behalf, to exercise all the powers and authorities and to have and possess all the privileges granted to officers of excise by an Act passed in the first and second years of the reign of his late Majesty King William the Fourth, intituled An Act to consolidate and amend the Laws for suppressing the illicit making of Malt and Distillation of Spirits in Ireland, in searching for private stills, wort, wash, potale, low wines or singlings, or spirits, and corn and grain making into malt, and in arresting and detecting persons discovered in the place where the private making of wort, wash, or potale, or distillation of spirits or making of malt, is carrying on, as fully and effectually as if the clauses in the said Act had been repeated and re-enacted in the body of this Act, and made to apply to such county inspector, subinspector, head or other constable as aforesaid. XIV. Provided always, that no such order as aforesaid shall be issued after the expiration of three years from the passing of this Act, nor shall any such order continue in force after the expiration of the said term of three years; and it shall be lawful for the Lord Lieutenant or other chief governor or governors of Ireland, at any time within the said term of three years, to revoke any such order as aforesaid for the time being in force; and from and after such revocation such county inspector, subinspector, head or other constable as aforesaid, shall cease to exercise and possess such powers, authorities and privileges as aforesaid. XV. And it shall and may be lawful for the inspector-general of the constabulary force in Ireland, NEW LAW BOOKS. Just Published, price 7s. 6d., by Post, Ss. THE By ROBERT W. OSBORNE, Esq., Barrister-at-law. Just Published, price 8s. 6d. 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HE JUSTICES' MANUAL :-containingRISDICTION ACT, 185!; THE PETTY SESSIONS ACT, 1851; and THE LAW OF EVIDENCE AMENDMENT ACT; with NOTES, COMMENTS, and COPIOUS INDEX. A By EDWARD P. LEVINGE, Esq., Barrister-at-Law. Just published, price 10s. 6d. cloth, MANUAL of CIVIL LAW, or Examination in the Institutes of Justinian: being a Translation of and Commentary on that work. With an introduction on the History of the Roman Law. By THE NEW LAW RULES, With PRACTI RULES, with PRACTI-PATRICK CUMIN, M.A., of Balliol College, Oxford, Barrister-at-Law, O, EACH RULE. By EDWARD OHNSTONE, Esq., M.A., Barrister-at-Law NEW ORDERS IN CHANCERY. Just published, price 3s., by Post, 3s. 6d. Price 68. 6d., by post 78. THE PRACTICE OF THE CIVIL BILL COURTS in Ireland. 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We have often observed in settlements of large properties in this country the omission of a most important clause we mean a power enabling tenants for life to grant renewals of leases in which were contained covenants for renewal. things is much lessened by the provisions of that valuable Act-the Leasehold Conversion Act, 12 & 13 Vic. cap. 100; but still it is important in the many cases where no conversion has been made under that Act. When we say that we have observed the omission of this provision in settlements generally, we do not mean to say universally; for we have met with some carefully prepared settlements of such property, in which the clause is inserted; and perhaps it was the finding such provison that more particularly drew our attention to the general omission of such a provision in settlements made either on marriage or by will. In this country there has not been the same subdivision of the Profession which occurs in England It is clear that the ordinary leasing power given to tenants for life does not extend to the granting of renewals, for that power requires the last rent to be received, forbids the taking any fine, and is usually confined to the grant of a term for 21 or 31 years, whereas the rent to be reserved in the renewal of leases is generally some actual rent, much below the letting value of the land, and only granted-we have here no distinct class of conveyancers; on the payment of a fine and generally for the term of three lives; all which are inconsistent with the usual leasing power. Now, in the absence of a special power for this purpose, the tenant for life can only renew for the term of his own life, and on his death the estate of the tenant is gone at law. It is true that the inconvenience of this state of and although the general powers of the Bar in Ireland are considerable, and their exertions in court are brilliant, containing strong reasoning and eloquent appeals, yet the thoughts of our Bar are diverted from, or rather not directed to, the consideration of the more minute circumstances of this particular branch, to which constant habit and re |