IN THE COURT OF THE COMMISSIONERS FOR THE SALE OF INCUMBERED ESTATES IN IRELAND HE COMMISSIONERS will, on THURSDAY, THE the 13th day of JULY, 1854, at their Court, Henrietta-street, Dublin, Containing in the whole 6442A. 3R. 3p. statute measure, and producing a Nett Rental, OBSERVATIONS. [This Lot will be sold subject to an Annuity of £276 18s. bd. a year, 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 Tourmakeedy, 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, 11, Henrietta-street, Dublin; to THE JAMES RUTLEDGE, Esq., Castlevilla, Hollymount, in the County of Mayo, the Receiver over said lands; 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 EOLIAN MANTLE. 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, 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. All communications for the IRISH JURIST are to be left, addressed GREEN. Correspondents will please give the Name and Address, as the to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGE Communications nor will the Editor be accountable for the return of columns of the paper cannot be occupied with answers to Anonymous Manuscripts, &c. Orders for the IRISH JURIST left with E.J. MILLIKEN, 15, COLin 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. DUBLIN, JULY 8, 1854. Ir is now generally understood that the Incumbered Estates Court will, in the coming Michaelmas Term, transfer its sittings from its present inconvenient locality to the precincts of the Law Courts on InnsQuay. This concession to the convenience of the profession, and consequently of the suitors, has been granted indeed somewhat tardily, but will be regarded with unqualified satisfaction. On what principle, the quiet region of Henrietta-street was ever selected for the sittings of a tribunal, which, in consequence of its peculiar functions, ought to have been fixed, above all others, in the place where men of every class are wont to congregate, we are utterly at a loss to imagine. Were the duties of this court simply judicial, the inconvenience entailed upon the Bar in having to leave their ordinary bu siness in the Four Courts, at considerable risk to their clients, in order to attend the Incumbered Estates Commissioners, and the actual loss of time thus consumed in vain upon the road, would alone show how injudicious was the existing arrangement ; COURT OF EXCHEQUER-(Continued): HURLY V. LAWLOR. Civil Bill Act --Costs--Certificate of judge-Cause of action-Residence of parties—Malicious prosecution—14 § 15 Vic c. 57. s. 40 IN CHAMBER: O'NIEL V. EGAN. Assault and Battery-Certificate for costs-Discretion of judge at Nisi Prius-16 & 17 Vic. c. 113, s. 126... 344 347 but when, in addition to all this, it is recollected that the Incumbered Estates Court is executive as well as judicial, and that a good deal of its success must depend upon the advantageous disposal of the vast amount of property brought under its hammer, it stands to reason that its contiguity to so frequented a forum as the Hall of the Four Courts is indispensable. We rejoice therefore that the removal of its site has at length been decided upon; and to those who within and without the walls of Parliament have aided this long hoped for, and at one time almost despaired of, measure of reform, the thanks of all classes are pre-eminently due, and will be heartily tendered. We feel much satisfaction in reflecting that strong memorials were recently presented on the subject by both branches of the profession, the prayer of which, ably supported in the House, has been favourably listened to. gentlemen who personally exerted themselves in the preparation of these documents, deserve great credit. We hope that the Irish bar will now see, that if they are only true to themselves, as they have been in this instance, their voice will not be disregarded. Those A BILL INTITULED AN ACT FOR THE FURTHER AMENDment of the PROCESS, PRACTICE, AND MODE OF PLEADING IN AND ENLARGING THE JURISDICTION OF THE SUPERIOR COURTS OF COMMON LAW AT WESTMINSTER, AND OF THE SUPERIOR COURTS OF COMMON LAW OF THE COUNTIES PALATINE OF LANCASTER AND DURHAM. [NOTE.-The words and Clauses printed in Italics are proposed to be inserted in Committee.] (Continued from page 187.) 84. It shall be lawful for the defendant in any cause in any of the Superior Courts, in which if judgment were obtained he would be entitled to relief against such judgment on equitable grounds, to plead the facts which entitle him to such relief by way of defence, and the said courts are hereby empowered to receive such defence by way of plea; provided that such plea shall begin with the words "for defence on equitable grounds," or words to the like effect. 85. Any such matter which, if it arose before or during the time for pleading, would be an answer to the action by way of plea, may, if it arise after the lapse of the period during which it could be pleaded, be set up by way of auditâ querelâ. 86. The plaintiff may reply, in answer to any plea of the defendant, facts which avoid such plea upon equitable grounds; provided that such replication shall begin with the words "for replication on equitable grounds," or words to the like effect. 87. Provided always, that in case it shall appear to the court, or any judge thereof, that any such equitable plea or equitable replication cannot be dealt with by a Court of Law so as to do justice between the parties, it shall be lawful for such court or judge to order the saine to be struck out on such terms as to costs and otherwise as to such court or judge may seem reasonable. 88. In case of any action founded upon a bill of exchange or other negotiable instrunient, it shall be lawful for the court or a judge to order that the loss of such instrument shall not be set up, provided an indemnity is given, to the satisfaction of the court or judge, or a Master, against the claims of any other person upon such negotiable instru ment. 89. The Superior Courts or any judge thereof may, upon summary application, by rule or order exercise such and the like jurisdiction as may, under the provisions of an Act of Parliament, made and passed in the fifty-third year of the reign of his Majesty King George the Third, intituled "An Act to limit the responsibility of shipowners in certain cases," be exercised by any Court of Equity. 90. Any person who shall upon any examination upon oath or affirmation, or in any affidavit in proceedings under this Act wilfully and corruptly give false evidence, or wilfully and corruptly swear or affirm anything which shall be false, being convicted thereof, shall be liable to the penalties of wilful and corrupt perjury. 91. Writs of execution to fix bail may be tested and returnable in vacation. 92. Proceedings against executors upon a judg ment of assets in futuro may be had and taken in the manner provided by "The Common Law Procedure Act, 1852," as to writs of revivor. 93. Where an action would, but for the provisions of "The Common Law Procedure Act, 1852," have abated by reason of the death of either party, continued under that Act, the defendant or person and in which the proceedings may be revived and against whom the action may be so continued may apply by summons to compel the plaintiff, or person entitled to proceed with the action in the room of the plaintiff, to proceed according to the provisions of the said Act within such time as the judge shall order; and in default of such proceeding the defendant or other person against whom the action may be so continued as aforesaid shall be entitled to enter a suggestion of such default, and of the representative character of the person by or against whom the action may be proceeded with, as the case may be, and to have judgment for the costs of the action and suggestion against the plaintiff, or against the person entitled to proceed in his room, as the case may be, and in the latter case to be levied of the goods of the testator or intestate. 94. If any person shall bring an action of ejectment after a prior action of ejectment for the same premises has been or shall have been unsuccessfully brought by such person, or by any person through or under whom he claims against the same defendant, or against any person through or under whom he defends, the court or a judge may, if they or he think fit, on the application of the defendant at any time after such defendant has appeared to the writ, order that the plaintiff shall give to the defendant security for the payment of the defendant's costs, and that all further proceedings in the cause shall be stayed until such security be given, whether the prior action has been or shall have been disposed of by discontinuance, or by nonsuit, or by judgment for the defendant. 95. No writ of execution issued before the twentyfourth day of October one thousand eight hundred and fifty-two, if unexecuted, shall remain in force for more than six calendar months after the twentyfourth day of October one thousand eight hundred and fifty-four, unless the same be renewed as here in-after mentioned, but all such writs may be renewed from time to time in the same manner as writs issued after the twenty-fourth day of October, one thousand eight hundred and fifty-two, may now be renewed under the "Common Law Procedure Act, 1852," section 124. 96. The Superior Courts may appoint and hold sittings either in Banc, or for the trial of issues in fact by judge or jury, at any time or times, whether in term or vacation, not being between the tenth of August and the twenty-fourth of October. 97. It shall be lawful for the Superior Courts of Common Law, and every judge thereof, and any judge sitting at Nisi Prius, at all times to amend all defects and errors in any proceedings under the provisions of this Act, whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not; and all such amendments may be made, with or without costs, and upon such terms as to the court or judge may seem fit; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made, if duly applied for. at Durham, and actions and proceedings therein respectively, subject to the following modifications: All the powers given by this Act to the judges of the said Superior Courts of Common Law at Westminster to make General Rules and Orders shall and may be exercised by the respective judges of the Court of Common Pleas at Lancaster and Court of Pleas at Durham, being judges of one of the said Common Law Courts at Westminster, or any two of them respectively, with respect to the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, and mat 98. It shall be lawful for the judges of the said courts, or any eight or more of them, of whom the chiefs of each of the said courts shall be three, from time to time to make all such General Rules and Orders for the effectual execution of this Act, and of the intention and object hereof, and for fixing the costs to be allowed for and in respect of the matters herein contained, and the perform-ters and proceedings therein within the jurisdiction ance thereof, as in their judgment shall be necessary or proper, and for that purpose to meet from time to time as occasion may require: provided that nothing herein contained shall be construed to restrain the authority or limit the jurisdiction of the said courts or of the judges thereof to make rules or orders, or otherwise to regulate and dispose of the business therein. 99. Such new or altered writs and forms of proceedings may be issued, entered, and taken, as may by the judges of the said courts, or any eight or more of them, of whom the chiefs of each of the said courts shall be three, be deemed necessary or expedient for giving effect to the provisions herein-before contained, and in such forms as the judges of such courts respectively shall from time to time think fit to order; and such writs and proceedings shall be acted upon and enforced in such and the same manner as writs and proceedings of the said courts are now acted upon 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 as far as the effect thereof may be varied by this Act. 100. In the construction of this Act the word "court" shall be understood to mean any one of the Superior Courts of Cominon Law at Westminster; and the word "judge” shall be understood to mean a judge or baron of any of the said courts; and the word "Master" shall be understood to mean a Master of any of the said courts; and the word "action" shall be understood to mean any personal action brought by writ of summons in any of the said courts; and whenever in this Act in describing or referring to any person or party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and shall be appli cable to several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it be otherwise provided, or there be something in the subject or context repugnant to such construction. 101. All the enactments and provisions of this Act not relating exclusively to the sittings for trials of causes or issues in fact at London or Westminster shall extend and apply to the Court of Common Pleas at Lancaster, and the Court of Pleas of the same courts respectively; and all powers under this Act exercisable by any one judge of the Superior Courts at Westminster shall and may be exercisable by one judge of the said Superior Courts of the said Counties Palatine, being also a judge of one of the said courts at Westminster, as to matters and proceedings in the said Superior Courts of the said Counties Palatine. 102. Provided always, that all the provisions of this Act applicable to Masters of the said courts at Westminster shall apply to the respective prothonotaries of the Court of Common Pleas at Lancas ter and Court of Pleas at Durham, and their respective deputies acting in the execution of the duties of such offices, which acting officers respectively may singly exercise with reference to matters and proceedings in the last-mentioned courts respectively the powers hereby given to the Masters of the Superior Courts at Westminster. 103. Provided also, as to proceedings in appeal, that the Court of Queen's Bench, being the Court of Error from the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, shall also be the Court of Appeal from the said respective courts for the purposes of this Act in reference to motions for new trials, or to enter ve.. dicts or nonsuits previously made to the judges of the said respective courts of Common Pleas at Lan caster and Court of Pleas at Durham respectively. 104. The enactments contained in sections 23, 24, 25, 26, 27, 28, and 32 of this Act shall apply and extend to every court of judicature in England. 105. The provisions of this Act shall come into operation on the 24th day of October, in the year of our Lord 1854. 106. In citing this Act in any instrument, document, or proceeding, it shall be sufficient to use the expression "The Cominon Law Procedure Act, 1854.” 107. Nothing in this Act shall extend to Ireland or Scotland. A BILL INTITULED AN ACT TO PERMIT THE REGISTRATION EXECUTION THEREON. WHEREAS the mode of recovering on dishonoured bills of exchange and promissory notes which prevails in the law of Scotland, known as the process of summary diligence, is found to be of beneficial operation, and it is expedient to introduce a similar mode of recovering on such instruments into the law of England, so far as may be consistent with the law of England, and so far as may beconsistent with the forms of procedure of the latter: be it 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 provisions of this Act shall come into operation on the 24th day of October one thousand eight hundred and fifty-four. 2. All bills of exchange and promissory notes shall for the purposes of this Act be noted or noted and protested as in the case of foreign bills of exchange. 3. It shall be lawful for the holder of a bill of exchange which has been noted for non acceptance, or a bill of exchange or promissory note which has on the day of its becoming due been noted for nonpayment, and which bill of exchange or promissory note is free from erasure or alteration in any material part, except by striking out the name or names of endorsers, to proceed under the provisions of this Act at any time after protest for non-acceptance or for non-payment and before the expiration of six months after the date of such bill or note becoming due. 4. It shall be lawful for her Majesty to appoint an officer to be attached to the Court of Common Pleas, who shall be called "The Registrar of Protested Bills of Exchange and Promissory Notes," and the said registrar so appointed shall keep a register in the said Court of Common Pleas, in an office to be assigned by the Lords Cummissioners of the Treasury, for the registration of protested bills and promissory notes as herein-after provided; and such registrar may by a writing under his hand and seal appoint a deputy or deputies, who shall be previously approved of by the Lord Chief Justice of the Court of Common Pleas, and all registrations made and other acts done by such deputy or deputies, shall have the same effect as if made and done by such registrar. 5. Every holder of a dishonoured bill of exchange or promissory note which is free from erasure or alteration in any material part, except as aforesaid, may after protesting the same, register such bill of exchange or promissory note and the protest thereon in the register of the Court of Common Pleas, and shall thereupon be entitled to judgment on such bill of exchange or promissory note against the par ties to such bill or note whose names are signed or endorsed thereon, and also to an order of such court setting forth that the bill or note and protest have been registered, and containing a copy of the bill or note and protest so registered, together with the judgment of the court thereon, in the form contained in the schedule to this Act annexed marked No. 1, against such parties to such bil! or note, for payment of the same within six days after service of such order, exclusive of the day of such service, and upon the expiration of such six days after service of such order on any such party, execution may then issue on such judgment against such party, on affidavit of the service of such order, which affidavit shall be endorsed on such order or annexed thereto: provided always, that in any case of doubt or difficulty arising to the registrar of protested bills of exchange and promissory notes in the execution of his duties under this Act, it shall be lawful for such registrar to refuse to register any protest of a bill of exchange or promissory note until such holder shall apply to and obtain the fiat or order of such court or a judge directing the registration of such protest. 6. The order shall be endorsed with the name and place of abode of the attorney actually suing out the same; and when the attorney actually suing out any order shall sue out the same as agent for an attorney in the country, the name and place of abode of such attorney in the country shall also be endorsed on the said order; and in case no attorney shall be employed to sue out the order, then it shall be endorsed with a memorandum expressing that the same has been sued out by the plaintiff in person, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's residence, if any such there be. 7. Every attorney whose name shall be endorsed on any order issued by authority of this Act shall, on demand in writing made by or on behalf of any party against whom such order has issued, declare forthwith whether such order has been issued by him, or with his authority or privity, and if he shall answer in the affirmative then he shall also, in case the court or a judge shall so order and direct, declare in writing, within a time to be allowed by such court or judge, the profession, occupation, or quality of the holder of the bill or note on whose behalf such order has been issued on pain of being guilty of a contempt of the court; and if such attorney shall declare that the order was not issued by him or with his authority and privity, all proceedings on the same shall be stayed, and no further proceedings shall be taken thereupon without leave of the court or a judge. 8. Any order for payment of a bill or note obtained under this Act may be served in any county. 9. Where any of the parties against whom such order has issued is a corporation aggregate, such order, in so far as such corporation is concerned, may be served on the head officer, clerk, treasurer, or secretary of such corporation. 10. The service of such order shall be by serving a copy thereof personally upon the party or parties against whom it is directed, wherever it may be practicable so to do; but it shall be lawful for the party who has obtained such order to apply from time to time, on affidavit, to the court or to a judge; and in case it shall appear to such court or judge that reasonable efforts have been made to effect personal service on any of the parties against whom it issued, and either that the order has come to the knowledge of such party, or that he wilfully evades service of the same, it shall be lawful for such court or judge to direct that execution shall issue as if personal service had been effected. 11. In case any party to a dishonoured bill of exchange or promissory note against whom the |