shall sign the same, and transmit printed or written copies of such list or lists, so signed by him, in the form set forth in the schedule to the firstly hereinbefore mentioned Act annexed, to the guardians of each union, and to the town council of any borough within which any tenement contained in any such list are situate, and likewise to the treasurer of the county; and the clerk of such union shall forthwith make every such list public by all and every the same ways and means as are directed by section twenty-eight of such Act concerning the lists in such section mentioned. have regard to the total valuation of the lands, in- | a list of the tenements, so revised as aforesaid, and dependently of buildings, within each respective townland or other denomination, as finally decided on by the Commissioner of Valuation, or by the court at any General or Quarter Sessions of the peace, under the provisions of the firstly herein-before mentioned Act, and shall not increase or lessen such total valuation, except in cases in which a clerical error shall have been discovered, when the same may be rectified; and as soon as the said revision shall have been completed, the Commissioner of Valuation shall make out and prepare a revised list or lists of the valuation of the rateable hereditaments and tenements within such county or any barony thereof, or within such poor law union, or 6. The firstly herein-before mentioned Act and this Act shall be construed together as one Act. THE 'HE COMMON LAW PROCEDURE ACT, with EXPLANATORY COMMENTARY, PRACTICAL NOTES, Price 68. 6d., by post 7s. THE PRACTICE OF THE CIVIL BILL COURTS in Ireland. As altered by the statute 14 & 15 Vic. c. 57, with an appendix of several statutes relating to the law between landlord and tenant, and to the law of evidence; with a Commentary, comprising the decisions and the analogous sections of the County Courts Acts, (England) with a the re-enacted sections of the previous Acts of the Civil Bill code, upon and the analog And the Rules, Orders, and Regulations prepared by the Assistant Barristers, with Observations, &c. By JOHN BLACK HAM, Esq., Barrister-at-Law. NEW ORDERS IN CHANCERY. This day is published, price 3s., by Post, 3s. 6d. THE GENERAL ORDERS OF THE COURT OF CHANCERY, dated the 31st of July, 1851, under the Chancery Regulation Act, 1850, as amended, and the MASTERS GENERAL ORDERS under the Act, with Comments and Observations, and showing the Practice as now established in CAUSE PETITIONS; with an Analytical Index. By WILLIAM SMITH, Esq., Barrister.at-Law. Also by the same Author, price 4s., by Post, 4s. 6d., or, bound with the Orders, price 6s., by Post, 6s. 6d. and FULL INDEX, by WILLIAM D. FERGUSON, Esq., Barrister. THE COURT OF CHANCERY (IRELAND) re at.Law. "Mr. Ferguson, in the very able and lucid work before us, has pre sented the profession and the public with an accurate representation of the law as it now stands."-Dublin Evening Post. "The present treatise is deserving of the reputation which Mr. Fergu"Systematically compiled and arranged, most accurately and studiously noted, and fully elucidated by authorities."-Daily Express. son has acquired by his previous works."-Saunders. 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This day is published, in 4 thick vols. royal 8vo., price £7 7s. cloth, HITTY'S EQUITY INDEX. Being a Digest of all the Equity Reports in the ENGLISH and IRISH COURTS, from the earliest period. Third Edition. By JAMES MACAULY, Esq., Barrister-at-Law. GULATION ACT, 1850, with PRACTICAL COMMENTS and Precedents This day is published, price 58,; by post 5s. 6d. THE NEW ECCLESIASTICAL CODE respecting the erection and endowment of Churches and Chapels, and Ecclesiastical Residences and dilapidations; containing the United Church of England and Ireland Act, Churches and Chapels (Ireland) Act; Ecclesiastical Resi. dences (Ireland) Act; with explanatory Summary, Contents, and Index. By WM. D. FERGUSON, Esq., Barrister.at-Law. Just published, 8vo., price ls.; by post ls. 6d. THE INCUMBERED ESTATES COURT. Dublin: EDWARD J. MILLIKEN, Law Bookseller and Publisher 15, College Green. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J. 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Quarterly, 98 Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45, FLEET-STREET, in the Parish of St. Andrew, and published at 15 COLLEGE-GREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, March 11, 1854, DUBLIN, MARCH 18, 1854. 174 174 We are glad to perceive that a bill has been introduced into the House of Commons-a copy of which we last week gave to our readers to "facilitate the more speedy arrest of absconding debtors in Ireland." A measure of this sort was passed for England some two or three sessions back, and, we have no doubt, has worked well. It is evident that greater facilities ought to be given to the creditor, to prevent the escape, from justice, of his dishonest debtor, in these days of easy migration, than is afforded by the comparatively slow process of arrest under the fiat of a judge of the Superior Courts. We find, by reference to The Times of March 9, that, on the previous night, this bill passed the second reading. Some objections were taken thereto in the course of the debate, some of a paltry and others of a substantial character, which were all well answered; and indeed the names indorsed on the bill, coupled with those of the members who spoke in favour of it on that occasion, are an abundant guarantee of its safety and necessity. As to the principle of the bill, it is not our intention to say a word, but we are not quite satisfied with the details of the first clause. The object is COURT OF EXCHEQUER: MOFFAT v. M'TERNAN. Residence-Civil Bill 177 MOORE v. POOLE AND OTHERS. Practice-Com- I plainly that of providing a competent ad interim tribunal, to decide whether the affidavits are sufficient to authorise the detention of the debtor until the fiat of a judge of the Superior Courts can be obtained. In the English Act this power is given to the judges in Bankruptcy and the judges of the County Courts. In Ireland, it is proposed, that, in addition to the Bankruptcy Commissioners and the Assistant Barristers, the Mayors and Recorders of corporate towns shall exercise this jurisdiction. Now, it is our opinion that this latter provision is altogether insufficient. Although the County Court judges in England and the Assistant Barristers in this country are in some respects similar, there is this vast difference between them, that while, from the coutinuous nature of his duties, the County Court judge is generally resident in his district, in which he holds a petty circuit, and, thus, is at all times-except during an occasional absence-more or less accessible, the Assistant Barrister, on the other hand-except when he happens to be in his county holding sessions-usually resides in Dublin, and of course, when there, becomes practically of no avail for the execution of the Act. Again, in England, there are several Provincial Bankrupt Courts, whilst here the Commissioners only sit in Dublin. These obvious distinctions have not quite escaped the framers of the bill, for they propose to supply this deficiency by giving the power to the Mayors and Recorders of corporate towns. Now, besides the Lord Mayor of Dublin, there are at present only ten mayors in Ireland, and those not very equally distributed, viz. Belfast, Clonmel, Cork, Drogheda, Kilkenny, Limerick, Londonderry, Sligo, Waterford, and Wexford. We believe that, besides the Recorder of Dublin, there are not more than three recorders existing at present in this country, in consequence of the provisions of the 3 & 4 Vic. c. 108. Thus, the entire of the Province of Connaught, when the Quarter Sessions do not happen to be holding, will, as the bill at present stands, be unable to avail itself of the provisions of this Act, except by resorting to the municipal functionaries of Sligo; and the Province of Ulster will not be much better circumstanced. Some honourable members, who seem to be unable to regard any measure except through a party medium, excepted to this bill upon the ground that it was intended as a boon to landlords, in order to enable them to catch their absconding tenants. This line of argument was tersely and properly answered by Mr. J. D. Fitzgerald, who supported the bill, having, as he said, no sympathy with absconding tenants, whether they belonged to the agricultural or manufacturing classes. Concurring, as we do, with this sentiment, we do not see why the measure should not be made available equally to all parts of Ireland, and this could be done by making a slight addition to the first section. rate towns. We propose that the power of granting arrest warrants be conferred upon Resident magistrates, who certainly are or ought to be quite as competent to discharge this duty as the mayors of corpoWe should be willing, in case this addition be made, to make clauses 1 and 6 a little more stringent than at present, by shortening the period of the service of the capias from seven to five days. We may also point out a little source of difficulty which may arise if that portion of section 1 be passed into law, which provides that the debtor who has been arrested under a warrant, and has given bail, shall be served with the writ of capias "within three days after he shall have been arrested and in custody on such warrant." The framers of the bill seem to have overlooked the fact that possibly the debtor's whereabouts may not at the time be known to the plaintiff, and that the former may have removed to avoid service. We suggest that it shall be provided instead that the creditor shall sue out his writ of capias, which in case the action has not already commenced, might embody the plaint, and thus save the expense of a second writ, and shall lodge this with the sheriff within a given number of days, and that that functionary shall proceed to execute it as speedily as possible. Of course, when the party is in actual custody at the time, the service could be effected instanter, but we think that the bill does not sufficiently provide for the case of a party arrested under a warrant who has made a lodgment or given bail, and so is temporarily at large. It might also be well if the bill were to give a form of bail bond after caption under the warrant, as it is rather vague to speak of the detention of a party thereunder until "he or they shall have given bail to such bailiff, or made deposit with him according to the practice observed in the Superior Courts of Law," &c. The present practice contemplates the issuing of a capias in the first instance, returnable by a given day, when the party, if previously discharged on bail, should appear and put in bail at bar. A form might easily be framed, of a bond, conditioned suitably to the exigency of the present measure. SIR, To the Editor of the Irish Jurist. PERHAPS you will allow me through your journal tion or amendment to the Common Law Procedure to make the following suggestions by way of addiAmendment Act, 1854: that in respect of sums up to £40 sued for under the above Act—and which also might be recovered under the Civil Bill Actshall have the same power as the Recorder, Chairthe Judges of the Superior Courts of Common Law man, or Assistant Barrister has under the Civil Bill Act to try causes of action, without the intervention of any jury; secondly, that plaintiffs execute any ca. sa. or fi. fa, of said Superior Courts may, on paying one shilling for sheriff's warrant, by their own bailiffs; and, thirdly, that only the same stamp duties as are chargeable on proceedings under the Civil Bill Act, namely, one shilling, shall be chargeable where the demand sought to be recovered is only up to £40. I think that if a plaintiff fiuds the recovery of his demand in the Superior Courts more certain and summary, the the Civil Bill Act, should not be introduced in the impediments I mention, which are removed by Superior Court Act-at least in respect of the amount that can be recovered in the Civil Bill Court. I think with regard to the defendant, the plaintiff's having elected to proceed in the Supe rior Court, because it facilitates the recovery of his demands (for instance, judgment by default in an undefended action), should not render the defendant liable to pay the excessive stamp duties he has at present to pay, thus, for instance, for judgment by default for a debt of £5, the stamp duty alone is |