DUBLIN, MARCH 11, 1854. 165 We fear that great practical difficulty will in many cases be experienced in the settlement of issues of Nisi Prius under the Common Law Procedure Act during the Circuits. It is evident that in a large proportion of cases the issues will not have been joined till after the judges have left town, and the question will then arise, before whom are the same to be settled in case of a disagreement between the parties? We understand that it has been decided by the judges to hear such motions on Circuit, and that summonses have been and will be issued by the Clerks of the Rules for this purpose. It must be confessed that, on every hand, in this respect, difficulties will arise. On the one hand, it would frustrate the purpose of the Act if, through the absence of a competent tribunal to determine the mode of framing the issues, the plaintiff in a cause were obliged to yield to the unreasonable behests of the defendant at the risk of having his cause postponed until the subsequent Assizes; and on the other hand, it is a great burthen upon all parties to be forced to meet before a judge at a different town from that where the issues are to be ultimately COURT OF EXCHEQUER: PARSONS AND ANOTHER V. KIRK. Election petition-Compounding charge of undue election--Public policy-Illegal consideration.. 168 tried. It is really incalculable what mischief this absurd novelty may work. The signal mishap which occurred the other day in the great railway cause in the Common Pleas, in which the defendants were obliged to submit to most disadvantageous terms in order to obtain time to cure a mistake in a settled issue, affords one illustration of the value of this vaunted simplification of the law; and again, the heavy bill of costs, which must fall eventually on somebody, whether it be the plaintiff or defendant, necessarily incurred by the attendance of attorneys at some remote country town, to which no other business calls them save alone the settling of an abstract, will hereafter prove that, however simple the new code of pleading and practice may be, cheapness will not be its uniform characteristic. The Legislature were perfectly right in striking a blow at the old system of special demurrers. A manifest abuse ought not, however, as it frequently does, to lead to the destruction of that system of which it is not the fruit but the mere excresence. In England, the Legislature has contented itself with simply correcting the abuse; in Ireland they struck at the tap root of the system itself. We venture to assert that, in the majority of cases, the framing of the issues of Nisi Prius in the newly devised mode will be a much more expensive process than the old system of eliminating an issue by a series of pleadings, more especially where the parties will have to go some 100 miles out of their way in order to obtain the assistance of a judge. What will that additional cost amount to, when the parties are driven to take the latter course, with the prospect of an appeal to the full court looming in the distance? In England the number of judges being fifteen, and only fourteen being required for Circuit, the extra judge sits at Chambers during the Vacation. Now it happens that in Ireland we have no such resort to fall back upon. It is true that for some years past, Mr. Baron Richards, in consequence of the double nature of his judicial functions, he being both a Baron of the Exchequer and Chief Commissioner of the Incumbered Estates Court, has been excused from the duties of Circuit. It is, however, probable, that, without some arrangement with his brother Commissioners, the time of the learned judge would be so much engrossed with the duties of the court of which he is the head, as to render it impossible that he could afford any but occasional assist ance in settling issues, and we fear that the hands of the Commissioners are too full already to admit of any such new arrangement. Thus at the present time are we exposed to this most trying inconvenience in all its malignity. It is an inconvenience which probably never once entered into the calculation of the framers of the Act, and it is one which must be remedied. Unless, therefore, the Legislature are prepared to supply us with a judge to sit in town de die in diem, for the purpose of disposing of pressing chamber motions, of which those, to which we have adverted, form an important part, but by no means exhaust the category, and which sittings shall continue so long as it is possible that a single case may under any circumstances become ripe for trial during the Assizes, the present enactment, so far as it respects the framing of issues, will, in some cases, work intolerable oppression. This is at all events the decided opinion which we have formed upon this question, but which, if any one be prepared to controvert, we shall hear him with the utmost consideration. The subject is a most momentous one, and cannot be too soon canvassed and placed on a right footing. A BILL TO FACILITATE THE MORE SPEEDY ARREST OF ABSCONDING DEBTORS IN IRELAND. [Note. The words printed in Italics are proposed to be inserted in Committee.] Prepared and brought in by Mr. Davison, Mr. Cairns, and Mr. Napier. WHEREAS the laws now in force for the arrest of debtors absconding from Ireland are insufficient and inadequate for that purpose, by reason of the sary process: And whereas frauds are perpetrated delay which is occasioned in obtaining the necesupon creditors residing at a distance from Dublin by debtors embarking for distant countries from various towns and seaports in Ireland: And whereas it is expedient to provide a more expeditious and efficacious mode of obtaining process for the arrest of debtors about to quit Ireland in all cases where such debtors are now liable by law to be arrested: cellent Majesty, by and with the advice and conBe it therefore enacted by the Queen's most exsent of the lords spiritual and temporal, and com. mons, in this present Parliament assembled, and by the authority of the same, as follows: it shall be lawful for the Assistant Barrister of any 1. That from and after the passing of this Act county in Ireland, or for any Commissioner of Bankruptcy, or for the Mayor or Recorder of any corporate town, (the said person and persons being hereafter referred to as the Commissioners,) on application by or on behalf of any creditor, upon due proof by affidavit, intitled in her Majesty's Superior Courts of Common Law, of the creditor applying, in cases in which solemn affirmation is allowed by or of some other person, or by solemn affirmation law, to the satisfaction of such Commissioner or Commissioners, that a debt of twenty pounds or upwards is owing to such creditor, and is then payable from the person or persons against whom such application shall be made, and that there is probable cause for believing that such debtor or debtors, unless he or they be forthwith apprehended, is or delay the said creditor, or with intent to remain are about to quit Ireland with intent to avoid or out of the jurisdiction of the Courts of Law in Ireland so long that thereby the said creditor will or may be delayed in the recovery of the said debt, and indorsed in the manner specified in the Scheto grant a warrant, such warrant being in the form dule A to this Act annexed, or to the like effect, to such person as the said creditor shall name, and the said Commissioner or Commissioners shall apsaid bailiff and his assistants shall have authority, prove, as his bailiff, and at his peril, whereby the at any time within seven days after the date of the said warrant, including the day of such date, to arrest the person or persons named in such warrant, and him or them safely keep 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, or until he shall have paid the debt and costs indorsed on the said warrant, or be otherwise discharged from arrest under such warrant by due course of law, and that such warrant shall bear date the day of the issuing thereof, and may be executed in any part of Ireland, and THE IRISH JURIST. that a copy of such warrant or warrants shall at bond as aforesaid, then, upon delivery to the bailiff the time of the arrest be served on the party ar- by whom such person was arrested of a copy of the rested: provided always, that every creditor who warrant granted by the sheriff upon such writ of shall cause such warrant to issue shall, within seven capias as aforesaid, the said bailiff shall pay over to days thereafter cause to be issued a writ of capias, such sheriff as aforesaid the said deposit, or asand also, in cases where no action shall be pending, sign to the sheriff such bail bond as aforesaid, and a writ of summons and plaint out of some one of the said sheriff shall then hold the said deposit or the Superior Courts of Law in Dublin, against bail bond, and shall be entitled to enforce the said such debtor or debtors, and shall cause such debtor || bail bond in his own name, or to assign the same, or debtors, if in custody, to be served with such in the same manner as if the said person had been writ of capias within seven days from the issuing first arrested on the said writ of capias, and the said of such warrant, and if not in custody, then within deposit had been made or bail bond entered into three days after he shall have been arrested and in with the said sheriff: provided always, that the custody on such warrant; and thereupon such said sheriff shall not be in any manner liable or debtor or debtors shall be considered and deemed answerable for any default, misbehaviour, or misto have been arrested by virtue of the said writ of carriage of the person to whom such warrant was capias, and all proceedings shall be had upon such addressed, or of the person or persons making the writ of capias as if the same had been issued prior arrest under and by virtue of the said warrant ; to the issuing of such warrant, and as if the arrest provided also, that if no writ of capias be issued had been made on such writ of capias, and accord- and served within seven days from the issuing of the ing to the practice now observed in the said Supe- said warrant, the person arrested under such warrior Courts of Law. rant shall be entitled to be discharged from custody, 2. The affidavit or affirmation required by this or in case the deposit has been made with or bail Act may be sworn or made before such Commis-bond given to the said bailiff, then the said deposit sioners, or before any person having authority to shall be returned, and the said bail bond given up administer oaths in any of the courts of law aforesaid. to be cancelled. 3. The warrant or warrants which shall be issued by virtue of this Act shall be auxiliary only to the processes now in use, and shall be wholly void and of none effect whatsoever as a protection to the person on whose behalf such warrant shall have issued, unless such writ of capias shall be issued and served in manner aforesaid. 4. The person to whom the warrant hereby authorised to be issued shall be directed shall, immediately on the same being executed, endorse a certificate thereupon of the time and place where the debtor was arrested; and the production of such warrant and certificate to the sheriff of the county where such warrants shall have issued, or to the keeper of the gaol of such county, shall be a sufficient authority to such sheriff or keeper to detain such debtor or debtors until he or they shall be discharged by due course of law. 5. It shall be lawful for any person arrested upon any such warrant forthwith before the issuing of the said writ of capias to pay the debt and costs which shall be indorsed on such warrant to the said bailin as aforesaid, or to enter into a bail bond to such bailiff, with two sufficient sureties, for the amount which shall be indorsed on such warrant, conditioned to put in special bail as required by the said warrant, or to make deposit of the sum endorsed on such warrant, together with ten pounds for costs, and thereupon he shall be entitled to be discharged from custody, and such bailiff is hereby authorised and required to discharge such person accordingly. 6. As soon as the person so arrested as aforesaid has been taken into custody or detained under the writ of capias herein-before mentioned, the said person shall be held and detained in custody under or by virtue of the said writ of capias in like man ner as if the said person had been first arrested under and by virtue of the same, or in case the person so arrested shall have made deposit with the said bailiff as aforesaid, or entered into such bail 7. Such warrant shall be endorsed with the amount of debt and costs claimed by the plaintiff in such manner as writs of capias are now directed to be endorsed, and on payment of the amount so endorsed all proceedings shall be stayed, and the person so arrested be discharged from custody, and he shall be at liberty afterwards to tax the costs so indorsed as if he had been arrested under a writ of capias. 8. It shall be lawful for any person for whose arrest a warrant shall have been granted to make application, either before or after arrest shall have been made by virtue of the said warrant, and before a writ of capias shall have been issued as aforesaid, to any judge of the said Superior Courts, for a summons or rule calling upon the creditor who shall have obtained such warrant to show cause why the warrant should not be set aside and vacated, if such application shall be made before arrest, or why the debtor should not be discharged out of custody, if the application should be made after arrest, and that it shall be lawful for such judge or court to make absolute or discharge such summons or rule, and direct the costs of the application to be paid by either party, or to make such other order therein as to such judge or court shall seem fit; provided that any such order made by a judge may be discharged or varied by the court, in which au action may be then pending for the said debt, or if no such action be pending, by any of the said Superior Courts, on application made thereto by either party dissatisfied with such order. 9. The officer or person to whom such warrant shall be directed or addressed as aforesaid shall be subject to the jurisdiction of the court in which the action shall be brought; or, in case no action shall be brought, to any judge thereof, and shall be responsible to such court or judge, and to the person at whose suit such warrant shall issue, for the due execution of the said warrant, in the same manner, so far as the circumstances of the case will admit, as sheriff's are now responsible for the due execution of all writs of capias directed or addressed to them, and shall be entitled to the same protection as she riffs now are entitled to on executing such writs. which the action is pending,] for a writ of capias, summons, or plaint to be issued against the said C D, and a copy of such writ, if obtained, will be served upon the said C D if still in custody, within seven days from the date of this warrant, including the day of such date. And I do further command you to whom this warrant is directed, that imme A. D. 10. The costs of and attending the warrant hereby authorised to be issued, and the arrest thereon, shall be deemed to be costs in the cause: provided al-diately after the execution hereof you do certify by ways, that no such costs shall be allowed to a plain- indorsement hereon the time and place when and tiff unless the court or the proper officer thereof is where you shall have executed the same. satisfied, by affidavit or otherwise, that the plain- Dated the day of tiff had good reason to believe that he would pro This warrant to be executed within days bably have failed in causing the defendant to be from the date hereof, including the day of such arrested if he had proceeded in the first instance by date, and not afterwards. application to a judge of one of the Superior Courts for a writ of capias, without first applying to Commissioners under the provisions of this Act. 11. The fees mentioned in Schedule B. to this Act annexed shall be paid to the parties in the said schedule named, and no other fees shall be allowed or taken in respect of the warrant to be issued by virtue of this Act, and the costs of the writs and plaint and summons and capias shall be the same as if this Act had not passed; and the said fees shall be deemed subject to be regulated, varied, increased, or lessened by the judges of her Majesty's Superior Courts of Law in Dublin, or any niue of them, and a table of such fees as are hereby receivable by any officer shall be put up in some conspicuous place in every Quarter Sessions Court House in Ireland. 12. In citing this Act in other Acts of Parliament, or in any instrument, document, or proceeding, it shall be sufficient to use the expression "The Absconding Debtors Arrest (Ireland) Act, 1854." Schedule a. THE ABSCONDING DEBTORS ARREST ACT (IRELAND), 1854. WHEREAS A B [the creditor] hath this day proved upon oath, [or solemn affirmation, as the case may be,] to my satisfaction, that C D [the debtor] is indebted to the said A B in the sum of £ 66 be and that there is probable cause for believing that the said C D, unless he be forthwith apprehended, is about to quit Ireland with such intent as is mentioned in the Absconding Debtors Arrest (Ireland) Act, 1854: These are to desire and authorise you, that you take the said C D wheresoever he may found, and him safely keep until he shall have given you bail or made deposit with you according to law, in a personal action [" on promises," or "of debt," or covenant," as the cause of action may be,] at the suit of A B, or until the said C D shall have paid the debt and costs indorsed on this warrant, or shall by other lawful means be discharged from your custody. I do further command you to whom this warrant is directed, that on execution hereof you do deliver a copy hereof to the said C D. And I hereby require the said C D to take notice that application will be made forthwith to one of the Superior Courts of Common Law, [or if warrant be issued after action brought, then state the court in (INDORSEMENT.) This warrant was issued by of Attorney for the within-named A WARNING TO THE DEFENDANT. WITHIN seven days from the day of the date of for the amount endorsed on this warrant. £ Bail for the sum of £ party issuing the warrant]. SCHEDULE B. FEES. for debt, and by order of [the A BILL [AS AMENDED IN COMMITTEE] FURTHER TO AMEND AN ACT RELATING TO THE LAND. of such county happen to be the Spring Assizes, it shall be lawful for the Grand Jury of such county at such assizes, if they so think fit, to direct that the valuations contained in such final or finally revised lists shall, from and after the commencement of such assizes, be in force and be acted upon for Prepared and brought in by Sir John Young and the purposes mentioned in the said sections twenty Mr. Solicitor-General for Ireland. WHEREAS an Act was passed in the session holden in the fifteenth and sixteenth years of her Majesty (chapter sixty-three), "to amend the Laws relating to the Valuation of Rateable Property in Ireland," and such Act was amended by an Act of the last Session of Parliament, chapter seven: And whereas it is expedient further to amend the said Act of the fifteenth and sixteenth years of her Majesty: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. The said Act of the last session of Parliament, and sections fifteen, twenty-nine, and thirty, of the firstly herein-before mentioned Act, and so much of section twenty-five of the same Act as enacts that on the receipt by the treasurer of any county of such final lists as therein mentioned of any barony or of the whole number of baronies in such county, such treasurer shall strike out from the columns in such final lists relating to buildings the valuations of each and every house in each tenement and townland the net annual value of which house as therein stated shall not exceed five pounds, and shall deduct the sum of such valuations of houses valued under five pounds, and so struck out from the total amount of the valuation of such respective tenement and townland, and that the valuation of each tenement and townland after such deduction shall be deemed to be the value thereof for the purposes of county assessments, shall be repealed. 2. In making out the lists or tables of valuation mentioned in the said firstly herein-before men. tioned Act, the Commissioner of Valuation shall distinguish all hereditaments and tenements, or portions of the same, of a public nature, or used for charitable purposes, or for the purposes of science, literature, and the fine arts, as specified in an Act of the sixth and seventh years of her Majesty, chapter thirty-six; and all such hereditaments or tenements, or portions of the same, so distinguished, shall, so long as they shall continue to be of a public nature or used for the purposes aforesaid, be deemed exempt from all assessment for the relief of the destitute poor in Ireland, and for Grand Jury and County Rates: provided always, that half the annual rent derived by the owner or other person interested in any tenements or hereditaments so distinguished shall be included in such list or tables, so far as the same can or may be ascertained by the said Commissioners of Va luation. 3. Where the assizes for any county next ensuing the day on which any final lists or finally revised lists of valuation mentioned in sections twenty-six and thirty-three of the firstly herein-before mentioned Act shall be received by the treasurer six and thirty-three as if such assizes were the sum- 5. On or before the first day of Summer Assizes to be held for any county next after the receipt of such lists for the several poor law unions in such county, the Commissioner of Valuation shall cause a revision to be made of the valuation of the tenements in the several townlands and parishes within such county, or any barony or poor law union therein, and appoint fit and proper persons to revise the valuation of the tenements so requiring revision, and the person making such revision shall |