time being of any such property, to pay the assessment due in respect of the property in his or their occupation; and after the expiration of one calendar month from the time of giving such notice it shall be lawful to recover such last-mentioned assessment from every such occupier, or, in his default, from any subsequent occupier of the premises; and every such occupier so paying such assessment may deduct from the rent he may be then or next thereafter liable to pay in respect of any such property the whole of any such assessment he may have paid in respect of the same property; and if rent sufficient to cover such assessment be not then or do not thereafter become due from such occupier, he shall be entitled to recover the same from such lessor by civil bill; and save as herein-before in that behalf provided, and save as to the provisions for a special valuation of premises in case the poors rate should, in the judgment of the Commissioners, be an unfair criterion by which the rates should be made, so much of "The Towns Improvement Clauses Act, 1847," as relates to the manner of making rates, shall be incorporated with and form part of this Act. And with respect to private and district assessments for sewers, drains, and private improvements, be it enacted as follows: 66. So much of "The Towns Improvement Clauses Act, 1847," as relates to rates directed to be made for sewers, drains, and private improvements shall be incorporated with and form part of this Act; and the said Commissioners shall cause to be made up a book of assessment applicable thereto, and the same or a copy thereof, signed by the chairman and any two of the Commissioners, shall forthwith be delivered over to the collector as the rule for levying and collecting the said as sessments; and thereupon the several provisions of this Act in reference to the recovery of any other assessments by this Act authorized shall apply to and be available for the recovery of such private and district assessments. And with respect to the appeal to be made against any assessment, be it enacted as follows: 67. The Commissioners shall appoint a day on which every assessment shall be payable, and another day on which objections by any parties complaining that they have been improperly assessed may be lodged with the clerk, and another day or days, at an interval of one week at the least respectively, on which objections in reference to such assessment shall be heard by the Commissioners; and notice to each party intended to be so assessed, stating the particulars of the intended assessment as regards such party, and specifying the several days fixed by the Commissioners as aforesaid, shall be sent by the clerk through the post office at least two weeks preceding the day which may be fixed for hearing the objection of parties; and the Commissioners may rectify or alter any assessment as regards any person assessed or liable to be assessed therefor, by whom an objection may be taken by letter to the clerk, lodged with him on or before such day for lodging objections as the Commissioners shall have fixed as aforesaid: provided that it shall be lawful for any person considering himself aggrieved by any assessment to appeal from the decision of the Commissioners to the Assistant Barrister at the General or Quarter Sessions for the division, who shall hear and determine such appeal, and make such order thereupon, and as to the costs thereof as shall be just, and such determination upon such appeal shall be final. And with respect to the accounts to be kept by the Commissioners, be it enacted as follows : 68. So much of "The Commissioners Clauses Act, 1847," as relates to the accounts to be kept by the Commissioners, shall be incorporated with and form part of this Act; provided that the appeal thereby directed shall, in towns adopting the provisions of this Act, be brought before the Court of the Assistant Barrister, who shall hear and determine the same, and make such order in respect thereof, and of the costs thereby incurred, as shall be just, and such determination shall be final. And with respect to the borrowing of money for the purposes of this Act, be it enacted as follows: 69. It shall be lawful for the Commissioners to borrow, for the purpose of procuring or erecting a slaughter-house or weigh-house, or for erecting lamps, or for constructing common sewers, or for procuring or supplying water or gas, or fire engines, or for any of the purposes authorized by this Act, such sums and at such times as the Commissioners shall deem necessary for such purposes; provided that in all cases where it shall be necessary to borrow any sum or sums for the purposes of this Act it shall be lawful for the Commission. ers, and they are hereby required, at their first annual meeting for assessment after such borrowing, to assess all persons within the town liable in assessment under this Act, in such additional assessment as will produce a fund equal to five per centum per annum upon the sum or sums so borrowed, and also to the annual interest of such borrowed sum or sums, which sum of five per centum per annum the Commissioners shall annually appropriate and invest, at the highest rate of interest which can be had for the same, in the public funds, or in the stock of the Governor and Company of the Bank of England and Ireland, as a sinking fund, applicable and to be applied by the Commissioners to the repayment of the money borrowed, until the debt shall be extinguished; provided that such additional assessinent shall at no time increase the whole assessment leviable beyond the maximum rate of assessment, as the case may be, allowed by this Act; and provided also, that no sum of money shall be borrowed until an estimate of the amount required shall have been laid before the Commissioners, and until the expiration of six weeks after public notice shall have been given by the Commissioners of the amount so proposed to be borrowed, and the purpose to which the same is to be applied, in some newspaper in circulation within such town; and provided also, that the proposal to borrow shall be disposed of at the next meeting of the Commissioners six weeks after such public notice, and that the sum borrowed shall not exceed the amount so advertised without a further estimate and notice in manner above provided; and no Commissioner or officer acting under them shall be per THE 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; e; 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 favourite; 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 'Eolian 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. Just Published, price 7s. 6d., by Post, Ss. THE LAW OF JUDGMENTS AND EXE CUTIONS, together with the DUTIES and OFFICE OF SHE. RIFFS, in relation to WRITS of EXECUTION and INTERPLEA DER; with INDEX, NOTES, and CASES. By ROBERT W. OSBORNE, Esq., Barrister.at-law. 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. MILLIKEN, 15, COLLEGE 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. Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45 FLEET-STREET, in the Parish of St. Andrew, and published at la 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, April 1, 1854. We think it well to apprize our readers that in consequence of the manner in which the festival of Easter has fallen this year, Easter Term, though it will nominally commence on Saturday, the 15th instant, will not begin for the dispatch of business until Wednesday, the 19th. We observe a notice of this fact in a recent number of Saunders' News Letter, which is, we think, erroneously, attributed by the writer to the opera tion of the Common Law Procedure Amendment Act. We consider that the terms of the 1 & 2 W. 4, c. 31, are quite sufficient per se to have this effect, without reference to the fact that by section 232 of the 16 & 17 Vic. c. 113, Easter Eve has been expressly made a court holiday. COURT OF EXCHEQUER: ... 198 vening days, and the Term shall in such case be prolonged, and continue for such number of days of business as shall be equal to the number of intervening days before mentioned, exclusive of Easter day, and the commencement of the ensuing Trinity Term shall in such case be postponed, and its continuance prolonged for an equal number of days of business." The 1 and 2 William 4, c. 70, made the same provision for England aud Wales. We are, therefore, entitled to say, that, in strictness, the Term does commence on the 15th, although the court will not sit till the 19th, and we consider that our cotemporary has somewhat erroneously charged Mr. Thom with having made a blunder, in his Directory, in stating, as we think rightly, that Easter Term, 1854, begins on the 15th of May. It may, however, be said, that this is hypercriticism, The 1 & 2 W. 4, c. 31, enacts, "That Easter for that the Term will begin in effect on the 19th ; Term shall begin on the 15th day of April, and end but granting that, for most purposes, such will be the on the 8th day of May," and that " if the whole or case, the distinction is substantial in one instance, any number of the days intervening between the namely, with respect to the sittings of the ConsoThursday before and the Wednesday next after lidated Nisi Prius Court. That tribunal, by the Easter day shall fall within Easter Term, such days 235 section of the Common Law Procedure Amendshall be taken to be a part of such Term, but there ment Act should ordinarily commence its labours shall not be a sitting in Banc on any of such inter-on the second day in Term, but that day will be a dies non, this Term, as also the two succeeding days, and hence the 19th will be the first Nisi Prius day. On the other hand, were the 19th the technical commencement of the Term, the 20th would be the first day of Nisi Prius. hood of theatres and other places of public resort; and every wilful breach of any such order shall be deemed an offence against this Act, and every person committing any such offence shall be liable to a penalty not exceeding forty shillings. 71. If any cattle be at any time found at large The ensuing Term which would ordinarily have in any street of the town without any person havended on the 8th May will, this time, have three constabulary, or any person residing within the ing the charge thereof, any constable or officer of supplemental days added, and will consequently town, may seize and impound such cattle, and may not end till the 11th, and Trinity Term will, this detain the same until the owner thereof pay to the year, commence on the 25th of May instead of the Commissioners a penalty not exceeding twenty shillings, besides the reasonable expenses of impound22nd, and will end on the 15th instead of the 12th. ing and keeping such cattle; and if the said penalty That will be so, because, although the coming and expenses be not paid within three days after Term will commence with four dies non, Easter such impounding, the person appointed by the day is directed by the statute not to be reckoned sell such cattle, or cause the same to be sold; but Commissioners for that purpose may proceed to as such for the purpose of compensation. In fact, previous to such sale, then three days notice of such the general policy of the Act appears to be, that, intended sale shall be given by posting such notice where of the days appointed for the commenceany on the constabulary barrack, pound, and other place ment of a Term falls on a Sunday, the Monday is sioners for that purpose, and the money arising (if any) which may be appointed by the Commisto be the first day without any compensation, but from such sale, after deducting the said sums, and where the day, fixed for the ending of the Term, the expenses aforesaid, and all other expenses at happens to be a Sunday, the day following is pro such cattle so impounded, shall be paid to the Com tending the impounding, keeping, and sale of any hac vice to be the last day. This rule bas practi-missioners, and shall be by them paid, on demand, cally the effect of making the length of a given Term dependant upon the state of the Almanack for the year. A BILL TO MAKE BETTER PROVISION FOR THE PAVING, (Prepared and brought in by Sir John Young, Vis- [NOTE. The words printed in Italics are proposed to be inserted in Committee.] (Continued from page 124.) And with respect to the regulation of towns, and to obstructions and nuisances in the streets, and to the suppression of vagrants and beggars, be it enacted as follows: 70. The Commissioners may from time to time make orders for the route to be observed by all carts, carriages, horses, and persons, and for preventing obstruction of the streets of the town in all times of public processions, rejoicings, or illuminations, and in any case when the streets are thronged or liable to be obstructed, and may also give directions to the constables and officers of the constabulary force for keeping order and preventing any obstruction of the streets in the neighbour Sec. 1.-"And in case any day heretofore mentioned for the commencement or the end of any Term shall happen to fall on a Sunday, then the Monday next after such day shall be deemed and taken to be the first and last day of such Term respectively." to the owner of the cattle so sold. 72. Every person who in any street, to the ob- Every person who suffers to be at large any un- Every person who, after public notice given by any justice or justices at Petty Sessions, or chief magistrate, directing dogs to be confined on account of suspicion of canine madness, suffers any dog to be at large during the time specified in such notice, shall be liable to a fine not exceeding forty shillings : Every person who slaughters or dresses any cattle, or any part thereof, except in the case of any cattle over-driven which may have met with any accident, and which for the public safety or other reasonable cause ought to be killed on the spot, shall be liable to a fine not exceeding ten shillings : Every person having the care of any waggon, cart, or carriage, who rides on the shafts thereof; or who, without having reins, and holding the same, rides upon such waggon, cart, or carriage, or on any animal drawing the same; or who is at such a distance from such waggon, cart, or carriage as not to have due control over every animal drawing the same; or who does not, in meeting any other carriage, keep his waggon, cart, or carriage to the left or near side, or who, in passing any other carriage, does not keep his waggon, cart, or carriage on the right or off side of the road (except in cases of actual necessity, or some sufficient reason for deviation); or who, by obstructing the street, wilfully prevents any person or carriage from passing him, or any waggon, cart, or carriage under his care, shall be liable to a fine not exceeding ten shillings: Every person who at one time drives more than two carts or waggons, and every person driving two carts or waggons who has not the halter of the horse in the last cart or waggon securely fastened to the back of the first cart or waggon, or has such halter of a greater length from such fastening to the horse's head than four feet, shall be liable to a fine not exceeding ten shillings: Every person who rides or drives furiously any horse or carriage, or drives furiously any cattle, shall be liable to a fine not exceeding twenty shillings: Every person who causes any public carriage, sledge, truck, or barrow, with or without horses, or any beast of burden, to stand longer than is necessary for loading or unloading goods, or for taking up or setting down passengers (except hackney carriages, and horses and other beasts of draught or burden, standing for hire in any place appointed for that purpose by the Commissioners or other lawful authority); and every person who, by means of any cart, carriage, sledge, truck, or barrow, or any animal, or other means, wilfully interrupts any public crossing, or wilfully causes any obstruction in any public footpath or other public thoroughfare, shall be liable to a fine not exceeding twenty shillings : Every person who causes any tree or timber, or iron beam, to be drawn in or upon any carriage, without having sufficient means of safely guiding the same, shall be liable to a fine not exceeding twenty shillings : Every person who leads or rides any horse or other animal, or draws or drives any cart or carriage, sledge, truck, or barrow, upon any footway of any street, or fastens any horse or other animal so that it stand across or upon any footway, shall be liable to a fine not exceeding twenty shillings: Every person who places or leaves any furniture, goods, wares, or merchandise, or any cask, tub, basket, pail, or bucket, or places or uses any standing-place, stool, bench, stall, or showboard on any footway, or who places any blind, shade, covering, awning, or other projection over and along any such footway, unless such blind, shade, covering, awning, or other projection is eight feet in height at least in every part thereof from the ground, shall be liable to a fine not exceeding twenty shillings : Every person who places, hangs up, or otherwise exposes to sale any goods, wares, merchandise, matter, or thing whatsoever, so that the same project into or over any footway, or beyond the line of any house, shop, or building at which the same are so exposed, so as to obstruct or incommode the passage of any person over or along such footway, shall be liable to a fine not exceeding twenty shillings : Every person who rolls or carries any cask, tub, hoop, or wheel, or any ladder, plank, pole, timber, or log of wood, upon any footway, except for the purpose of loading or unloading any cart or carriage, or of crossing the footway, shall be liable to a fine not exceeding twenty shillings : Every person who places any line, cord, or pole across any street, or hangs or places any clothes thereon, shall be liable to a fine not exceeding twenty shillings : Every common prostitute or nightwalker loitering and importuning passengers for the purpose of prostitution, shall be liable to a fine not exceeding forty shillings: Every person who wilfully and indecently exposes his person, shall be liable to a fine not exceeding forty shillings: Every person who publicly offers for sale or distribution, or exhibits to public view, any profane, indecent, or obscene book, paper, print, drawing, painting, or representation, or sings any profane or obscene song or ballad, shall be liable to a fine not exceeding forty shillings: Every person who wantonly discharges any firearm, or throws or discharges any stone or other missile, or makes any bonfire, or throws or sets fire to any firework, shall be liable to a fine not exceeding ten shillings: Every person who wilfully and wantonly disturbs any inhabitant, by pulling or ringing any door bell, or knocking at any door, or who wilfully and unlawfully extinguishes the light of any lamp, shall be liable to a fine not exceeding forty shillings: Every person who flies any kite, or who makes or uses any slide upon ice or snow, shall be liable to a fine not exceeding ten shillings : |