shall be fairly written upon post paper, bookwise, with a margin of two inches, and shall coutain ouly such parts of the pleadings as relate to the subject matters to be argued, with the names of the counsel and attorney on both sides, and also a specification of the grounds of demurrer, and shall be noted in the margin, and contain an index denoting the page at which each pleading may be found. Security for Costs. 52. Where a defendant served with a summons and plaint shall require security for costs from the plaintiff, he shall be at liberty to apply, by notice, to the plaintiff for such security; and in case the plaintiff shall not, within twenty-four hours after service thereof, undertake by notice to comply therewith, the defendant shall be at liberty to apply to the court or a judge for such security by motion on notice, grounded upon affidavit; and every such application shall be made before defence filed, unless the court shall, under special circumstances, think fit to make such order, after defence filed. 53. Where a plaintiff shall have been ordered to give security for costs, he may comply therewith, either by entering into a recognizance by two securities in an amount to be measured by the officer, or by lodging in court the amount so measured, in lieu of such security; and a side-bar rule to lodge the amount may be entered as of course. 54. The service of any notice relative to the giving security for costs shall not operate as a stay of proceedings; but in case the party shall comply with the preliminary notice to give security for costs, or the court or a judge shall make an order for such security, the defendant shall have the same time for filing his defence after such security shall have been given, as he had at the time of the service of such preliminary notice; the time allowed to be in no case less than twenty-four hours. Bill of Particulars. 55. A copy of the particulars of the plaintiff's demand, and of defendant's set-off, (if any), shall be annexed by the attorney to the abstract for Nisi Prius, at the time of lodging the same with the judge's registrar. Copy of Documents. 56. If any party, having required a copy of any deed or document, shall not pay for the same on the tender thereof, the opposite party may enter a side-bar rule to lodge such copy with the master, and for the costs of such copy and rule. 57. When any party shall have served a notice, requiring a copy of any deed or document, he shall have the same time for filing his pleading after compliance with such notice as he had at the time of service thereof; such time to be in no case less than twenty-four hours. 58. The form of notice to admit documents referred to in the Common Law Procedure Amendment Act, (Ireland), 1858, section 118, may be as follows: is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered, respectively; saving all just exceptions to the admissibility of all such documents as evidence in this cause.-Dated, &c. To E. F., Attorney G. H., Attorney for { Plaintiff. Defendants. of aJudgment of the Court of Queen's Bench in an action, J. S. v. J. N. Letters Patent of King Chas.II. in the Rolls Office. 1st January, 1808. 1st February, 1848." 1st March, 1848. Trinity Term, 10th Vic. 1st January, 1680. (Sent by General Post, Feb. 2, 1848. Served March 2, 1848, on De fendant's Attorney, by E. F. of Writ of Inquiry. 59. Every writ of inquiry shall be tested of the day it actually issues, and may be made returnable at any time within three months from the day of issuing the same. 60 Notice of speeding an inquiry before the sheriff or master shall state that the inquiry will be had at a certain place, and on a certain day, and between certain hours specified therein; but in case the sheriff or master shall be unable to proceed thereupon, in consequence of other business, he shall be at liberty to adjourn the same from day to day until same can be heard; and in cases where either party shall have counsel to attend on such inquiry, notice thereof shall be given in writing to the opposite party two days before the time fixed for proceeding with such inquiry. 61. Notice of speeding an inquiry before a judge shall be in the same form, mutatis mutandis, as notice of trial at Nisi Prius. 62. In case it shall appear to the court, on the application of either plaintiff or defendant by motion on notice, that it would be proper that the trial of any inquiry, whether before a judge or the sheriff, should be by a special jury, an order shall be made accordingly, in which such provision shall be made as to costs or otherwise as the court may think fit, and such jury shall be empannelled in the same manner as special juries at Nisi Prius trials. 63. Where a sheriff or other officer shall, upon the speeding of a writ of inquiry, give a certificate, under the 100th sec. of the Common Law Procedure Amendment Act, (Ireland), 1853, the plaintiff shall be at liberty to proceed as if no such certificate had been given, unless the defendant shall, within ten days after the speeding of the in quiry, serve notice of motion to set aside the inquisition. 64. Where the sheriff or other officer shall re fuse to grant a certificate under the 100th section of the Common Law Procedure Amendment Act, (Ireland), 1853, if the party whose application for such certificate shall be refused shall thereupon give to the opposite party notice of his intention to apply to a judge for an order under the said section, the opposite party shall not be at liberty to proceed under the said section until the expiration of six days after the day of the finding; but unless the party so expressing his intention shall, within the said six days, serve notice of such motion, specifying the grounds of the application, the opposite party may then proceed to judgment and execution, as authorized by the said section. the master of the court, either party may call on 65. In all writs of inquiry or references before the other party, by notice, to admit documents, in the manner provided by, and subject to, the provisions of the Common Law Procedure Amendment Act, (Ireland), 1853, and the 58th rule; and in case of the refusal or neglect to admit after such notice given, the costs of proving the document shall be paid by the party so neglecting or refusing, whatever the result of the cause may be, unless at the inquisition, or on the reference, the presiding officer or master shall certify that the refusal to document shall be allowed unless such notice be admit was reasonable; and no costs of proving any given, except in cases where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense. (To be continued.) Encumbered Estates Court. PETITIONS PRESENTED FROM OCTOBER 12 TO NOVEMBER 3-2915. THE 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 favourite; it recommends itself particularly for travelling or driving purpo-es, 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 Eolan Mantle, designed It is decidedly one of by Messrs, Browne and Payne, of Sackville-street. 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 4s.; interleaved, 58., THE COMMON LAW PROCEDURE ACT, By J. A. PHILLIPS. Esq., A. B., Barrister at-Law. Dublin: HODGES and SMITH, 101, Grafton street "The accuracy and fulness of the marginal notes of this edition, and the elaborate index, combine to afford all possible facuity in studying and referring to the new statute, &c The novelty of issuing copies with blank interleaving, for the purpose of taking notes of cases, will be most accept. able to the legal profession."-Freeman's Journal. With Explanatory Commentary. Practical Notes, and Full Index. By WILLIAM D. FERGUSON. Esq., Barrister 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. son has acquired by his previous works."-Saunders. "Systematically compiled and arranged, most accurately and studiously noted, and fully elucidated by authorities."-Daily Express. "His views are entirely in unison with our own."-Irish Jurist, "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 clearnes of type, is creditable to the Irish press."-Evening Mail. "The book is a very valuable one to both professions, for Mr. Fe guson may be safely relied on as guide to the new practice."-Freeman's Jour. nal. Dublin: ED WARD 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 ublisher, E. J. MILLIKEN, 15, COLLFGE GREEN. Correspondents will please give the Name and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications-hor will the Editor be accountable for the return of Manuscripts, &c. Oraers for the IRISH JURIST left with E. J. MILLIKEN, 15, COL LEGE GREEN, or by letter (post-paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication. IRISH JURIST. No. 265.-VOL. VI. JANUARY 21, 1854. PRICE, per Annum, £1 10s. DUBLIN, JANUARY 21, 1854. 106 107 109 Ar a meeting of the Irish Bar, convened on Wednesday last, the 18th inst., for the purpose of taking into consideration the 32nd General Rule, recently promulgated, and its bearing upon the position and practice of the Bar, a resolution was adopted as. senting to the terms of the regulation, and recognizing the consistency, with professional etiquette, of the acceptance of the proposed half guinea fees for the preparation of certain pleadings. It likewise appeared to be the feeling of the meeting, in which an eminent member of the Inner Bar took the lead, that the drafting of these and other pleadings lay exclusively within the province of the Junior Bar, and that her Majesty's counsel ought not to inter fere therewith beyond the perusal and settlement of what had already been drawn by stuff gowns. This is just as it should be; and we congratulate the Profession on the excellent feeling which prevailed on the above occasion. Although the guinea has hitherto been regarded in this country as the minimum remuneration which it became the dignity of the Bar to receive, there is no reason why the rule should be deemed too inflexible for alteration, seeing that in England a different standard has for many years prevailed, and that the Legis lature has sanctioned this deviation from ancient precedent. It would, under the circumstances, have DIGBY V. DONOHUE. Practice-Ejectment on title 113 ............ 109 110 111 112 Practice-Costs-Enter MURPHY V. HAWKES. Practice-Scire Facias- ing judgment-Party dying before judgment—7 W. 3, cap. 7, sec. 2.. 112 been very absurd, had the Bar arrayed itself in opposition to the provisions of an Act of Parliament and the Rules made under its authority, Profession, in whose hands its honour was persanctioned by so many eminent members of the fectly safe. The recognition and adoption of these changes at a General Meeting is calculated to effect above adverted to is acted on by the acquiescence this good, that while on the one hand the principle of the Bar expressed on that occasion, on the other hand, a sense of independence is shown. It was as much as to say, that to this new arrangement be tween the Public and the Profession a mutual assent assent, and the folly of withholding it, on the part was required. As to the propriety of according that of the Profession, no second opinion can prevail ; should be expressly given. We hope sincerely that but that did not make it less proper that that assent the views of the meeting in question, as we have reported them, will be in omnibus fully and punc. tiliously carried into effect. Court Papers. Chancery. January 18.-The following gentlemen were this day admitted members of the Bar : Thomas Jeremiah Callaghan, Esq., A.B., T.C.D., fourth on of Mathias Callaghan, of Middleton, in the county of cork, Esq. Isaac Wilson, Esq., A.B., T.C.D., fifth son of Thomas Wilson, of Eccles-street, in the City of Dublin, Esq. Edward Lysaght Griffin, Esq., A.B., T.C.D., youngest son of the Right Rev. Henry, Lord Bishop of Limerick, in the county of Limerick. William O'Connor Morris, Esq., Scholar, B. A., Oriel College, Oxford, eldest son of the Rev. Benjamin Morris, late of Mountpleasant, in the King's County, deceased. John Conlan Hodgens, Esq., second son of Robert Hodgens, of Beaufort, in the County of Dublin, Esq., J.P. GENERAL ORDERS IN THE QUEEN'S BENCH, COMMON PLEAS, EXCHEQUER OF PLEAS, AND EXCHEQUER CHAMBER. Dated 11th day of January, 1854. (Continued from page 39.) Discontinuance. 66. At any time before verdict found, or demurrer argued, or writ of inquiry executed, the plaintiff may obtain a side-bar rule as of course, for liberty to discontinue, on paying the defendant his costs in the cause when taxed. Nul Tiel Record. 67. With every pleading of nul tiel Record, the party filing such pleading shall furnish a statement, signed by counsel, of the points on which he intends to rely in support of such pleading, and shall furnish a copy of the same, together with copies of the pleadings, to the clerk of the rules, on the day before the day fixed by the rule for inspecting the record. 68. Where nul tiel record shall have been pleaded, either party may, as of course, enter a rule, that a certain day, to be therein named, be appointed for inspecting the record stated in the pleadings. 69. On production of the rule for inspecting the record to the officer of any of the said courts in whose custody the record may be, such officer shall attend with the original record at the sitting of the court, on the day fixed for the inspection of the 71. Any number of names of witnesses may be inserted in any writ of subpona. 72. Every rule or order, and every attested copy issued from any of the said courts, and purporting to be signed by the proper officer, shall be received in evidence upon the trial of any issue, without proof of such signature, or of the attestation or comparison thereof. 73. No writ of subpoena shall issue for the production of any record in the custody of the Paymaster of Civil Services or other officer of her Majesty, without an order of the court on motion, of which notice shall be given to the Crown Solicitor of the district wherein such record is deposited; and such officer having the custody of any such re cord shall not be obliged to remove the same under such writ from the depository where same is placed, without such order, to be served upon him with the writ of subpœna duces tecum. Abstract for Nisi Prius. 74. In case it shall become necessary to settle the issues and abstract for Nisi Prius before a judge, the attorney for the party requiring a summons shall lodge with the clerk of the rules of the court a correct copy of the draft abstract of the pleadings, and of the issues proposed, as theretofore furnished; and the clerk of the rules shall thereupon issue a summons for such time and place as the judge shall approve. 75 No case, whether an action be now pending, or otherwise, shall be entered in the list of abstracts for trial at Nisi Prius in Dublin, unless a docket shall be lodged with the registrar four clear days before the day for which notice of trial shall have been served, stating the names of the parties in full; in what capacity they sue and are sued; the general nature of the cause or causes of action and of the defence and other pleadings, and the names of the attorneys of the respective parties; and all abstracts for trial shall be sealed and lodged with the registrar the day before the same shall be called on; and in all cases where such abstract shall have been lodged with the registrar, and a confession of action or consent for judgment shall subsequently be given, the plaintiff's attorney shall immediately give notice to the registrar that such cause will not proceed to trial. 76. No civil bill appeal, registry appeal, or other appeal, shall be entered in the list, unless an abstract shall have been lodged with the registrar two clear days before the day for which notice of hearing shall have been given, stating the names of the parties in full, their respective attorneys, the nature and particulars of the decree or dismiss or order appealed from, and the court from which the appeal is brought. Trial at Bar. 77. In order to obtain a trial at bar, an application shall be made to the court by motion on notice, grounded on affidavit; and the order for a trial at bar shall state the day on which the trial shall commence. 78. The application for a trial at bar may be made at any time in Term, and in any Term, and it shall not be necessary to make it in any particu lar Term before the trial; and it shall not be ne cer to defray the expenses of the jury, or for any ceesary to lodge any sum of money with the offiother purpose. 79. When a party shall have taken exceptions upon any trial at bar, he shall, at the expiration of two days from the furnishing of the draft, whether the same shall have been returned or not, serve notice of motion to settle and sign the same before the court, whereupon same shall be settled and signed by the judges; and within two days after the settling and signing of the bill of exceptions, the party taking the same shall proceed to allege error, pursuant to the 107th Section of the Com |