under secretary, without any application at presentment sessions, and the certificate shall be transmitted by such chief or under secretary or assistant under secretary to the clerk of the crown for such county at any time prior to the first day of assizes for such county, or if in the county or county of the city of Dublin, then prior to the first day of the presenting term. XXXIX. In order to distribute over a term of years such portion of the expenses of purchasing, building, enlarging, or altering such places as aforesaid as are hereby directed to be raised by such grand jury and town council respectively, the grand jury of such county, county of a city and county of a town, at the assizes, and in the city of Dublin! the town council of the borough of Dublin, may, if they think fit, borrow all or any part of the money necessary for the aforesaid purposes upon mortgage of the county cess and rates of such county, county of a city and county of a town respectively; and every such mortgage may be in the form in the schedule (A.) to this Act annexed, or to the like effect, and shall be executed by the foreman of the grand jury present at the assizes at the time being, and in the city of Dublin by the lord mayor of Dublin and any two of the town council, and shall be effectual for securing to the person advancing the sum in such mortgage expressed, his executors, administrators, and assigns, the repayment thereof, with interest, after the rate, at the times, and in the manner in such mortgage specified; and any person entitled to any such mortgage may transfer his right and interest therein to any other person, such transfer being made according to the form in schedule (B.) to this Act annexed, or to the like effect; and the persons to whom such mortgages or the transfers thereof are made, their executors and administrators, shall be creditors upon the rates and funds thereby expressed to be charged, in an equal degree one with another according to the respective sums in such mortgages mentioned to be advanced by them. XL. The said grand jury and town council respectively shall in every year provide for and cause to be paid out of the county cess of such county, county of a city and county of a town, and out of the rates of such borough of Dublin, in the manner and at the times in such mortgages specified, the moneys required for the time being to pay the interest on the several sums borrowed under this Act or the first-recited Act, and then unpaid, and shall also set apart and appropriate a further sum, not being less than one thirtieth part of the principal sum originally borrowed upon such mortgages, and shall apply the same in the repayment of so much of the said principal sums then unpaid as it will extend to discharge, year by year, until the whole of such principal sums have been repaid; and the said grand jury and town council respectively shall, by agreement with the parties entitled to such mortgages, or in default of agreement by such other means as they deem most equitable and convenient, determine the order of priority in which the several sums advanced shall be repaid. XLI. It shall be lawful for the said grand jury and town council respectively, with the consent of the parties entitled to such mortgages, to pay off from time to time any of the moneys so borrowed as aforesaid, and to reborrow from time to time the sums necessary for that purpose, but so nevertheless that all moneys borrowed under this or the first-recited Act shall be repaid within thirty years from the time of first borrowing the same. XLII. In the construction of this Act the expression "Lord Lieutenant," or "Lord Lieutenant of Ireland," shall mean the Lord Lieutenant or other chief governor or governors of Ireland; and the expression "the Militia" shall mean the militia raised in Ireland. XLIII. This Act may be cited for all purposes as "The Militia (Ireland) Act, 1854." By virtue of the "Militia (Ireland) Act, 1854," I, A B, Foreman of the Grand Jury of [or Lord Mayor and Town Councillors, as the case may be,] in consideration of the sum of paid to the Treasurer of the said county [or city or borough] by A B of for the purposes of the said Act, do grant and assign unto the said A B, his executors, administrators, and assigns, such proportion of the [here describe the rates or property intended to be mortgaged] as the said sum of doth or shall bear to the whole sum which is or shall be borrowed upon the credit of the said to hold to the said A B, his executors, administrators, and assigns, from this day until the said sum of with interest at per centum per annum for the same, shall be fully paid and satisfied (the principal sum to be repaid within not less than years from the date hereof.) In witness whereof we have here-unto set our hands and seals [or given under our corporate seal], this day of 18 . (L. S.) SCHEDULE (B.) FORM OF ASSIGNMENT OF MORTGAGE. I, A B, of in consideration of the sum of paid to me by CD of do hereby assign to the said C D, his executors, administrators, and assigns, a certain mortgage numbered made by the Foreman of the Grand Jury of [or the Lord Mayor and Town Council of the Borough of Dublin, as the case may be,] bearing date the day of for securing the sum of and interest thereon, [or (if such transfer be by indorsement,)* the within security,] and all my right and interest to and in the moneys thereby secured, and the rates [or lands, tenements, and hereditaments] thereby assigned. In witness whereof I have hereunto set my hand and seal this day of 18 (L. s.) Price 5s., by Post, 5s. 6d. Particulars in the evidence on the magistrate in his own handwriting, or, under his direc- "I do hereby certify, that the prisoner has been duly examined before me as to the circumstances herein stated, and has declared in my presence that he [insert did or did not as the case may be] absent himself from the beforementioned corps. signature and address of magistrate. signature of prisoner. signature of informant." "I certify, that I have inspected the prisoner, and consider him [insert fit or unfit, as the case may be, and if unfit, state the cause of unfitness] for military service. signature of military medical officer, or of private medical practitioner." No fee will be allowed to a private medical practitioner where a military medical officer is stationed, unless it is shown that his services were not available. PECTORAL AND COUGH MEDICINES. OLDHAM'S COMPOUND SYRUP OF SMILAX. This grateful Syrup combines with the balsamic and restorative pro perties of Smilax 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 A teaspoonful taken occasionally allays cough, promotes expectoration, removes huskiness of the throat, and relieves soreness and oppression of the chest. Price 1s. OLDHAM'S ANODYNE COUGH LOZENGES. THE JUSTICES' MANUAL :-containing-served reputation which they have acquired, induce the proprietor to reTHE JUSTICES PROTECTION CALCU RISDICTION ACT, 1851; THE PETTY SESSIONS ACT, 1851; and By EDWARD P. LEVINGE, Esq., Barrister-at-Law. The acknowledged excellence of the medicinal ingredients, and the decommend them as a most efficacious and agreeable preparation for the relief of recent Coughs, Colds, Asthmas, Hooping Cough, &c. Price is. per box. OLDHAM'S SMILAX AND HIPPO LOZENGES. These agreeable Lozenges are highly beneficial in soothing irritative Cough, relieving the Chest, and removing Hoarseness. Price Is. perbox. Prepared by GEO. OLDHAM and CO., Pharmaceutical Chemists and Apothecaries, Of whom may be also had Oldham's Lettuce Lozenges, 1s. per box; Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL in Dublin, or its being forwarded to the Country, by Post, on the day of LEGE GREEN, or by letter (post-paid), will ensure its punctual delivery publication. to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGE All communications for the IRISH JURIST are to be left, addressed 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. DUBLIN, MARCH 10, 1855. COURT OF EXCHEQUER (Continued): cedure Act, sec. 89--Service of amended summons and plaint..... 182 178 CONSOLIDATED CHAMBER: Practice-Se 182 181 No doubt can be entertained that, in our present scheme of government, one essential element is yet lacking, namely, an office of minister of justice. To the absence of this department may be ascribed the tardy progress of law reform in past times and the crudities and absurdities which mar many otherwise useful measures, at the present time. BROWNE AND OTHERS V. O'BRIEN. veral pleas-16 & 17 Vic. c. 113, s. 57.... COURT OF EXCHEQUER CHAMBER: DOWDALL (IN ERROR) V. KELLY. Trespass for illegal arrest-Setting aside Judge's fiat to hold to bail-3 & 4 Vic. c. 105...... 183 rations, and, in many instances, real simplifications and improvements in the law of procedure have been equally memorable. It is, however, too apparent that our legal reforms are conducted in too unsystematic a manner. A particular grievance is felt, and a measure to rectify it is introduced, hastily conceived, and framed in a slovenly manner. The result is, perhaps, partially favourable, but the seeds of future mischief are sown. It is greatly to be feared that a good deal of this sort of legislation We have witnessed a wonderful increase in the accumulates without having engaged that degree of products of civilization. New and unknown rela-attention in either House of Parliament which its tions have been created by the multiplied agencies importance merits. of mind over matter, and hence has arisen an irresistible demand for such a modification of our legal system, in its principles, maxims, and procedure, as will suit the requirements of the age. Thus we have seen the laws which regulate the enjoyment, transfer, and transmission of real property gradually changing from their original, feudal, character, to a state consonant with the doctrines of modern political economy. We have seen a code of laws, entirely created within the last two centuries, for the benefit of commerce, namely, those relating to bankrupts. The criminal laws have been fundamentally changed, by the adoption of milder and more evenly-imposed penalties, and the unfortunate debtor who has not wherewithal to pay, no longer looks forward to the dreadful alternative of "rotting in gaol." The alte Too much is at present left to private enterprise in this line; and, however sound the maxims of free trade may be in other respects, we question whether the eagerness of the legal members of the House to rear up for themselves a monument, ære perennius, in the shape of Acts, to be called familiarly by their proper names, may not materially add to the confusion of the statute-book. Conscious of this tendency, the legal members of the Government frequently intreat the promoters of their measures to submit them to the ordeal of a select committee; but that sort of tribunal is, at the best, a very unsatisfactory one. Better far to create a responsible minister, to be chosen from the ranks of the legal profession, whose duty it shall be to scrutinize the details and watch the progress of all propositions, as well as to originate from time to time, on behalf of his government, whatever legal reforms appear to be wanted. It is true that at the present time the Lord Chancellor of England, assisted by the law officers of the Crown, who are both expected to have seats in the House, is supposed to discharge such a function as we have described. This is, however, one of the many fictions of law, which we hope will soon share the fate of its fellows. It is true that the ministerial law reforms, such as they usually are, and that is not saying a great deal, are propounded by one or other of the ministers, but they certainly exercise a very partial supervision over the schemes brought forward by individual members. It is certain, at all events, that a minister, whose whole duty would be limited to this one department, would act more systematically and efficiently than those to whom such duties are merely collateral to their proper functions. Such an office as we have spoken of exists in other countries, and why we should not avail ourselves of its obvious advantage is wholly unaccountable. and enrol men for the filling up vacancies in the militia, as her Majesty shall deem expedient; and upon the issuing of any such order all such proceedings shall be had for carrying into execution all the provisions of the Acts in force in Scotland and Ireland respectively relating to the giving notices for and returns for lists, and for the balloting the militia, and holding general and subdivision and enrolling of men to supply any vacancies in meetings for such purpose, at such times respectively as shall be expressed in any such order in Council, or by any directions given in pursuance thereof to Lord Lieutenants or Deputy Lieutenants acting for Lord Lieutenants, of the several counties, shires, cities, and places in Scotland, or to the Governors and Deputy Governor of counof the several acts in force in Scotland and Ireland ties and places in Ireland; and all the provisions respectively relating to the militia shall, upon any such order and directions given in pursuance thereof, become and be in full force and be carried or direction as aforesaid, with all such penalties and into execution at the period specified in such order forfeiture for any neglect thereof, as fully as if such periods had been fixed in the Acts relating to such militia. III. Provided also, that nothing herein contained shall extend to prevent the holding before the expiration of such period as aforesaid of such general or other meetings relating to the militia of the STATUTES PASSED IN THE SESSION United Kingdom as may be called under the au 17 & 18 VIC. RELATING TO IRELAND. (Continued from page 96.) CAP. CVIII. An Act to Suspend the making of Lists and the "WHEREAS it is expedient to suspend for a further thority of one of her Majesty's Principal Secretaries of State, or in Ireland under the authority of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or of any meeting which may be called for the purpose of altering, enlarging, or providing any place for the reception of the arms, accoutrements, clothing, or other stores belonging to the militia. CAP. CXII. An Act to afford greater Facilities for the Establishment of Institutions for the Promotion of Literature and Science and the Fine Arts, and to provide for their better Regulation. [11th August, 1854.] I. All general and subdivision meetings relating" WHEREAS it is expedient that greater facilities to the militia of the United Kingdom, and all pro- should be afforded for procuring and settling sites ceedings relating to procuring any returns, or pre- and buildings in trust for institutions established for paring or making out lists of such militia or any the promotion of literature, science, or the fine arts, part thereof, for the purpose of a ballot, or relating or for the diffusion of useful knowledge, and that to balloting for any militiamen or supplying any other provisions should be made for improving the vacancies in such militia by ballot, save such pro- legal condition of such institutions:" be it therefore ceedings as are or may be directed or authorised by enacted by the Queen's most excellent Majesty, by or under the Act of the session of Parliament and with the advice and consent of the Lords Spiholden in the fifteenth and sixteenth years of her ritual and Temporal, and Commons, in this present Majesty, chapter fifty, and the Acts amending the Parliament assembled, and by the authority of the same, shall cease and remain suspended until the same as follows: first day of October, 1855. II. Provided always, that it shall be lawful for her Majesty, by any order in Council, to direct that any proceedings shall be had at any time before the expiration of such period as aforesaid, either for the giving of notices and making returns and preparing lists, and also for the proceeding to ballot I. Any person in England, Wales, or Ireland, being seised in fee simple, fee tail, or for life of and in any manor or lands of freehold, copyhold, or customary tenure, and having the present beneficial interest therein, may grant, convey, or enfranchise, by way of gift, sale, or exchange, in fee simple or for a term of years, any quantity not exceeding one acre of such land, whether built upon or not, as a site for any such institution as hereinafter described; provided, that no such grant made by any person seised only for life of and in any such manor or lands shall be valid, unless, if there be any person next entitled to the same in remainder, in fee simple or fee tail, and if such person be legally competent, he shall be a party to and join in such grant; provided also, that where any portion of waste or commonable land shall be gratuitously conveyed by any lord of a manor for any such purpose as aforesaid, the rights of all commoners and others having interest of a like nature in the said land shall be barred and divested by such conveyance. II. The Chancellor and Council of her Majesty's Duchy of Lancaster for the time being by any deed or writing under the hand and seal of the Chancellor of the said duchy for the time being, attested by the clerk of the council of the said duchy for the time being, for and in the name of her Majesty, her heirs and successors, may, if they see fit, grant, convey, or enfranchise, to or in favour of such institution, any land forming part of the possessions of the said duchy, not exceeding in the whole one acre in any one parish, upon such terms and conditions as to the said chancellor and council shall seem meet; and where any sum or sums of money shall be paid for the purchase or consideration for such land so to be granted, conveyed or enfranchised as aforesaid, the same shall be paid into the hands of the receiver general for the time being of the said duchy, or his deputy, and shall be by him paid, applied, and disposed of according to the provisions and regulations contained in an Act of the fortyeighth year of the reign of his late Majesty King George the Third, chapter seventy-three, or any other Act or Acts now in force for that purpose. III. Any three or more of the principal officers of the Duchy of Cornwall, under the authority of a warrant issued for that purpose under the hands of any three or more of the special commissioners for the time being for managing the affairs of the Duchy of Cornwall, or under the hands of any three or more of the persons who may hereafter for the time being have the immediate management of the said duchy, if the said duchy shall be then vested in the Crown, or if the said duchy shall be then vested in a Duke of Cornwall, then under the hands of any three or more of the principal officers of the said duchy, or under the hands of any three or more of the persons for the time being having the immediate management of the said duchy, may, if they think fit, and are so authorized, by deed grant, convey, or enfranchise to or in favour of any existing or intended institution any land forming part of the possessions of the said Duchy of Cornwall, not exceeding in the whole one acre in any one parish, upon such terms and conditions as to the said special commissioners or principal officers, or such other person as aforesaid, shall seem meet. IV. Provided, that upon any land so granted by way of gift as aforesaid, or any part thereof, ceasing to be used for the purposes of the institution, the same shall thereupon immediately revert to and become again a portion of the estate or manor or possessions of the duchy, as the case may be, to all intents and purposes as fully as if this Act or any V. Where any person shall be equitably entitled VI. Any corporation, ecclesiastical or lay, whe- poor of VII. Where any officers, trustees, or commissioners, other than parochial trustees, shall nake any such grant, it shall be sufficient if a majority' or quorum authorized to act of such officers, trustees, or commissioners, assembled at a meeting duly 1 |