bolder of such bill or note wishes to proceed under the provisions of this Act is residing out of the jurisdiction of the said Court of Common Pleas, it shall be lawful for such holder to apply to the said Court of Common Pleas or any judge for an order in the form contained in the Schedule to this Act annexed marked No. 2, which order shall bear the endorsement contained in the said form, purporting that such order is for service out of the jurisdiction of the court; and the time for payment of such bill or note in such order mentioned shall be regulated by the distance from England of the place where the party against whom such order has been obtained is residing; and it shall be lawful for the court or judge, upon being satisfied by affidavit that the order was duly served on the party against whom the same issued, having regard to the time allowed to such party for making payment of the bill or note on which such order issued, to direct that such order shall have the effect of a judgment within the jurisdiction of such court.

note, and interest thereon, and for the costs of protesting and registering the bill or note, and of the order and service of the same, and also for the costs of trying the issue or of the special case, and proceedings thereon, or pay into court a sum of money which shall be deemed sufficient by such court or judge to abide the event of such issue or special case, otherwise execution shall proceed as if no such issue or special case had been directed: provided always, that the court or judge may direct that such security shall not be required where the party applying for a stay of execution or discharge from custody can show to the satisfaction of the court or judge, upon affidavit, that his alleged signature to the bill or note has been forged, or that circumstances exist which affect the title of the holder with fraud, or that any other circumstances exist which, in the opinion of the court or judge, may render such security unnecessary; and in such case it shall be lawful for the court or judge, in its or his discretion, to direct that the holder shall find security 12. Any order for service within the jurisdiction for the defendant's costs of trying such issue or of may be issued and marked as a concurrent order such special case and proceedings thereon, or pay with one for service out of the jurisdiction, and an into court a sum of money which shall be deemed order for service out of the jurisdiction may be is-sufficient by such court or judge to abide such event sued and marked as a concurrent order with one for service within the jurisdiction.

13. It shall be lawful for the party who has been served with any order for the payment of a bill of exchange or promissory note as aforesaid, at any time before execution has issued, or before any writ of fieri facias, levari facias, or elegit issued on the judgment on which such order has proceeded has been fully executed, to apply to the court or a judge to stay execution, which application must be supported by an affidavit disclosing what would constitute a legal defence to an action on the bill or note against the party seeking to stay execution: provided always, that if the party served with such order shall be arrested on any writ of capias ad satisfaciendum issued on the judgment on which such order has proceeded, it shall be lawful for him at any time before he is discharged from custody, to apply to the court or a judge to set aside such writ, and to discharge him from custody, and to stay all further execution, which application shall be supported by affidavit as aforesaid.

14. In any of the said cases, if the court or judge shall think that such legal defence has been disclosed, execution shall be stayed, or the party discharged from custody, and execution stayed, as the case may be, and an issue in fact shall be directed to be tried by the parties, or a special case to be stated by them for the opinion of the court, in the same manner as if the question of fact or of law so directed to be tried or stated had been raised by consent of parties, without pleading, under the provisions of the Common Law Procedure Act, 1852, and in the proceedings in such issue or special case the party seeking to stay execution shall be plaintiff, and the holder of the bill or note defendant.

15. Within six days after such issue or special case has been directed, or such further time as the court or a judge shall appoint, the party seeking to stay execution or to be discharged from custody shall give security for the payment of the bill or

as aforesaid.

16. The costs of such issue in fact or special case shall be in the discretion of the court.

17. Upon the finding of the jury in any such issue in fact the order for the payment of the bill or note shall be forthwith discharged, or execution shall forthwith proceed thereon, according to such finding, unless the court or a judge shall otherwise order, for the purpose of giving either party an opportunity for moving to set aside the verdict or for a new trial; and upon the judgment of the court in any such special case the order for payment shall be forthwith discharged, or execution shall forthwith proceed thereon, according to such judgment unless proceedings in error be taken by either party' provided always, that if the plaintiff has been discharged from custody by order of the court or a judge, such discharge shall not be a satisfaction of the debt due by such plaintiff on the bill of exchange or promissory note on which the order for payment originally issued.

18. No privilege shall be allowed to any attorney or solicitor, to exempt him from the provisions of this Act.

19. Every judgment or order obtained under this Act, and every execution issued or taken out thereon, against any debtor within two months of the filing of a petition for adjudication of bankruptcy by or against such debtor, shall be null and void to all intents and purposes whatsoever.

20. Nothing in this Act contained shall be construed or taken to interfere with or to affect any remedy which is now competent to the holder of or to any party to a bill of exchange or promissory note, at law or in equity.

21. It shall be lawful for the judges of the Court of Common Pleas, or any three or more of them, of whom the Chief of such court shall be one, from time to time to make all such General Rules and Orders for the effectual execution of this Act in the said court as in their judgment shall be necessary

or proper, and for fixing the costs to be allowed for and in respect of the matters herein contained, and of the fees to be paid to the registrar for such registration, and the judgment and order thereon.

22. Such new or altered writs and forms of proceedings may be issued, entered, and taken in the said Court of Common Pleas as may by the judges of the said court, or any three or more of them, of whom the Chief of the said court shall be one, be deemed necessary or expedient, for giving effect to the provisions herein-before contained, and in such forms as the judges of such court shall from time to time think fit to order; and such writs and proceedings shall be acted on and enforced in such and the same manner as writs and proceedings of the Superior Courts are now acted on and enforced, or as near thereto as the circumstances of the case will admit; and any existing writ or proceeding, the form of which shall be in any manner altered in pursuance of this Act, shall nevertheless be of the same force and virtue as if no alteration had been made therein, except so far as the effect thereof may be varied by this Act.

louy, and shall upon conviction be liable to imprisonment for any term not exceeding three years nor less than one year, with hard labour; and every person who shall be charged with committing any such offence, and every accessory before or after the fact to any such offence, may be prosecuted for such offence in any court of competent jurisdiction in that part of her Majesty's dominions in which such offence shall have been committed, or in that part of her Majesty's dominions in which such person shall be apprehended or be in custody: provided also, that if any person shall wilfully or corruptly make a false affidavit before such magistrate or justice of the peace or other officer, every person so offending shall be deemed and taken to be guilty of perjury, in like manner as if such person had wilfully and corruptly made such false affidavit in Englaud before competent authority, and shall be liable to be prosecuted for such perjury in any court of competent jurisdiction in that part of her Majesty's dominions in which such offence shall have been committed, or in that part of her Majesty's dominions in which such person shall be apprehended or be in custody.

25. Any affidavit for the purpose of proving service of any order for the payment of any dishonoured bill of exchange or promissory note, issued under this Act against any person residing out of her Majesty's dominions, or service of notice of such order, or for the purpose of making any application to the court out of which such order issued, may be sworn before any consul general, consul, viceconsul, or consular agent for the time being ap

23. Every protest of a bill of exchange or promissory note shall, for the purpose of registration under this Act, be received by the registrar of protested bills of exchange and promissory notes without any evidence being required as to the signature or seal to such protest: provided always, that it shall be competent for any party to a bill of exchange or promissory note, who shall apply for and obtain a suspension of execution as hereinbefore provided on the ground that such bill of exchange or promissory note has not been duly pre-pointed by her Majesty at any foreign port or place; sented, to call for further proof that the presentation alleged in the protest has actually been made by the notary public by whom such protest shall have been made, or by some clerk of or apprentice to such notary public, or by some other person acting in this behalf in default of a notary public.

24. Any affidavit for the purpose of proving service of any order for the payment of a dishonoured bill of exchange or promissory note issued under this Act against any person residing in any part of her Majesty's dominions except England, or for the purpose of making any application to the court or a judge may, in any part of her Majesty's dominions except England, be sworn before a magistrate or justice of the peace or other officer having such jurisdiction for or in the county, city, town, or place where any such affidavit shall be sworn; and every affidavit so sworn by virtue of this Act may be used and shall be admitted in evidence, saving all just exceptions, provided it purport to be signed by such magistrate or justice of the peace or other officer: provided always, that if any person shall forge the signature or seal to any protest, or shall use or tender for registration or in evidence any protest with a false or counterfeit signature or seal thereto, knowing the said signature or seal to be false or counterfeit, or shall forge the signature of the deponent or magistrate or justice of the peace or other officer to any such affidavit, or shall use or tender in evidence any such affidavit with a false or counterfeit signature thereto, knowing the same to be false or counterfeit, he shall be guilty of fe

and every affidavit so sworn by virtue of this Act may be used and shall be admitted in evidence, saving all just exceptions, provided it purport to be signed and sealed by such consul general, consul, vice-consul, or consular agent: provided always, that if any person shall forge the signature of the deponent or the signature or seal of any such consul general, consul, vice-consul, or consular agent to any such affidavit, or shall use or tender in evidence any such affidavit with a false or counterfeit signature thereto, knowing the same to be false or counterfeit, he shall be guilty of felony, and shall upon conviction be liable to imprisonment for any term not exceeding three years nor less than one year, with hard labour; and every person who shall be charged with committing any such felony may be dealt with, incicted, tried, and, if convicted, sentenced, and his offence may be laid and charged to have been committed, in the county or place in which he shall be apprehended or be in custody; and every accessory before or after the fact to any such offence may be dealt with, tried, and, if convicted, sentenced, and his offence may be laid and charged to have been committed, in any county or place in which the principal offender may be tried: provided also, that if any person shall wilfully and corruptly make a false affidavit before such consul general, consul, vice-consul, or consular agent, every person so offending shall be deemed and taken to be guilty of perjury, in like manner as if such person had wilfully and corruptly made such false affidavit in England before compe

NEW LAW RULES.

Just Published, price 10s. 6d., free by Post,

EXPLANATORY COMMENTARY, PRACTICAL NOTES, 'HE COMMON LAW PROCEDURE ACT, and FULL INDEX, by WILLIAM D. FERGUSON, Esq., Barrister.

tent authority, and shall and may be dealt with, tried, and, if convicted, sentenced, and his offence may be laid and charged to have been committed, in any county or place in which he shall be appre-T hended or be in custody, as if his offence had been actually committed in that county or place. "Mr. Ferguson, in the very able and lucid work before s, has pre26. In citing this Act in any instrument, docu-sented the profession and the public with an accurate representation of the law as it now stands.”—Dublin Evening Post. ment, or proceeding, it shall be sufficient to use the expression "The Summary Execution on Bills of Exchange Act, 1854."

in the county of

&c.

To C. D.
E.F. of
(England

at-Law.

"The present treatise is deserving of the reputation which Mr. Fergu son has acquired by his previous works."-Saunders.

"Systematically compiled and arranged, most accurately and studiously I noted, and fully elucidated by authorities."-Daily Express.

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"Mr. Ferguson has rendered good service to the general public, as well as to the legal profession, by the lucid manner in which he has placed Mr. Whiteside's Reform Measure before them. The Publisher, Mr. Milliken, has not been wanting on his part. The volume, for neatness and clearness of type, is creditable to the Irish press."-Evening Mail.

"The book is a very valuable one to both professions, for Mr. Ferguson may be safely relied on as guide to the new practice."-Freeman's Jour

nal.

Just published, price 5s.; by post 5s. 6d.

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.

Price 5s., by Post, 58. 6d.

THE JUSTICES PROTECTION ACT, THE SUMMARY JU-
JUSTICES' MANUAL:-containing-

to wit.) A.B. in his own proper person [or by G. H., his attorney] appeared and craved that the protest under-written should be recorded in the THE NEW ECCLESIASTICAL CODE respecting the register of this court for protests of bills of exchange and promissory notes for execution, accord ing to the "Summary Execution on Bills of Exchange Act, 1854," which was accordingly done, and of which the tenor follows in these words: [Take in the Bill and Protest.] Therefore it is considered, that the said A. B. RISDICTION ACT, 1851; THE PETTY SESSIONS ACT, 1851; and THE LAW OF EVIDENCE AMENDMENT ACT; with NOTES, recover against the said C.D., E.F. &c. COMMENTS, and COPIOUS INDEX. with interest thereon since the said bill became due, together with the sum of £ for costs of protest, registration, and charge We command you, therefore, that within six days after the service of this writ on you, exclusive of the day of such service, you make payment to the said A. B. and take notice, that in default of your so doing the said A.B. may proceed to execution against you. Witness, &c.

of the said sum of £

No. 2.

(Same as No. 1.)

£

Indorsement to be made on writ before service

thereof.

This writ is for service out of the jurisdiction of THE PRACTICE OF THE CIVIL BILL COURTS

the court.

NEW LAW BOOKS.

Just Published, price 7s. 6d., by Post, Ss.

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 upon the re-enacted sections of the previous Acts of the Civil Bill code, and the analogous sections of the County Courts Acts, (England) with a copious Index. And the Rules, Orders, and Regulations prepared by the Assistant Barristers, with Observations, &c. By JOHN BLACK. HAM, Esq., Barrister-at-Law.

This day is published, in 4 thick vols. royal 8vo., price £7 7s. cloth,

THE LAW OF JUDGMENTS AND EXE-CHITTY'S EQUITY INDEX. Being a Digest

CUTIONS, together with the DUTIES and OFFICE OF SHE. Equity Reports in the ENGLISH and IRISH COURTS, RIFFS, in relation to WRITS of EXECUTION and INTERPLEA- trom the earliest period. Third Edition. By JAMES MACAULY DER; with INDEX, NOTES, and CASES. Esq., Barrister-at-Law.

IN THE COURT OF THE COMMISSIONERS FOR THE SALE OF INCUMBERED ESTATES IN IRELAND

THE COMMISSIO 1994, at their Court, Henrietta-street, Dublin, will, on THURSDAY,

at the hour of Twelve o'Clock, Noon, SELL BY AUCTION,
the following Fee-Simple Properties, viz. :-LOTS Nos. 1 to 5,
Comprising the BALLINTOBBER ESTATE, situate in the Barony of Carra, and
COUNTY OF MAYO,

Containing in the whole 6442A. 3R. 3P. statute measure, and producing a Nett Rental,
under present Settings, and Valuation of unlet Premises, of £594 98, 11fd.
as follows:-

OBSERVATIONS.

[This Lot will be sold subject to an Annuity of £276 18s. 54d. a year,
for the life of Mrs. Louisa Moore, now aged about 66 years, the mo.
ther of the owner, in indemnification of the rest of the premises.
The old Abbey of Ballintobber, with the Burial Ground attached
thereto, standing on this Lot, and used as a place of public worship,
is not to be sold, nor conveyed to the purchaser.
Lots 1, 2, and 4, will be Sold free of Quit Rent, which is to be redeemed
out of the Purchase Money.

Also Lots 6 to 9, comprising the TALLYBANAUN ESTATE, situate in the said Barony and County of Mayo, containing in the whole 2440a. Ir. 18P., Statute Measure, and producing a Nett Rental, under present Settings and Valuation of unlet Premises, of £254 6s 3d, as follows

The Ballintobber Estate is about ten miles from Ballinrobe, twelve miles from Westport, and three miles from Ballyglass, which is its Post Town. The Ballybanaun Estate lies upon the margin of Lough Mask, so celebrated for the beauty of its scenery, and is within six miles of the Ballintobber Estate. It adjoins the Village and Post Town of Tourinakeedy, distant from Ballinrobe about twelve miles.

The improvements daily taking place in the Inland Navigation of Lough Corrib, and the intended connection of that Lough with Lough Mask by means of a Canal, the works of which are considerably advanced, will, when completed, materially enhance the value of these Estates. Dated this 11th day of February, 1854.

J. LOCKE, Auction Clerk,

For Rentals and further Particulars apply at the Court of the Commissioners, 14, Henrietta-street, Dublin; to
Messrs. READ and CRAWFORD, Solicitors for the Rev. Sir Hunt J. Walsh, Bart., having Carriage of the
Order for Sale, 35, Dame-street, Dublin; to

THE

JAMES RUTLEDGE, Esq., Castlevilla, Hollymount, in the County of Mayo, the Receiver over said lands;
PATRICK JOHN BLAKE, Esq., 18, Frederick-street, Dublin;

JOHN GRIFFIN, Esq., Solicitor, Ballinrobe;

Mr. WILLIAM GARNER, Office for the Registry of Incumbered Estates for Sale in Ireland, 3, Sherbourn. lane, City, London;

The Weekly News and Chronicle Office, 337, Strand, London;

Messrs. HODGES and SMITH, 104, Grafton-street, Dublin;

Mr. THOMAS BERMINGHAM, Office, 2, Duncannon-street, West, Strand, London; and
MILLER'S Office for the Registry of Incumbered Estates in Ireland, Edinburgh,

BROWNE and PAYNE beg to call the attention of their Patrons and the Public to their new Overcoat, which has been designed by them selves, and is certainly the most stylish garment ever introduced. It can be worn as a Coat or Cape; its external appearance is only conspicuous for unassuming plainness, the characteristic of a gentleman's attire and from its durability and exquisite finish it is daily becoming a general fa vourite, it recommends itself particularly for travelling or driving purposes As there is a great demand there are several made up for immediate use.

BROWNE and PAYNE,

Tailors to his Excelleney the Earl St. Germains,
12, LOWER SACKVILLE STREET,

Among the many novelties lately introduced in gentlemen's dress we have noticed a new garment designated the Æolian Mantle,' designed by Messrs, Browne and Payne, of Sackville-street. It is decidedly one of the most stylish and useful garments ever introduced to the public: it is so constructed as to be worn as a coat or cloak. It reflects the highest credit on that respectable firm; and we are sure their efforts in the cause of fashion will meet that success they so justly deserve.”—Evening Mail, November 2.

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