issue for the purpose of removing any action or suit before judgment from any inferior Court of Record into any of the said courts; but the mode of removing such action or suit, except replevin, shall be by writ of certiorari, which shall be issued by the proper officer on production of an affidavit that the same is not sought for the purpose of vexation, oppression, or delay, but bona fide, and without collusion. 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. 150. On the filing of a writ of certiorari, with a return thereto, when the same shall have been issued by the defendant, the plaintiff may, whether in Term or Vacation, file a summons and plaint against the defendant, in the court in which such certiorari is returnable; and in default of defen- A DIGEST of the ACT TO AMEND THE LAWS dant's filing a defence within eight days after service of the notice of the filing of such summons and plaint, the plaintiff on a certificate of no defence, may have judgment thereon, and the taxing officer shall tax the plaintiff's costs, as well in the inferior as in the superior court. And in no case shall a procedendo issue, except by order of the court on motion upon notice; and no rule for bail in the superior court shall be entered. (To be continued.) Just published, price 1s. 6d., MEDICO-LEGAL OBSERVATIONS upon INFANTILE LEUCORRHOEA, arising out of the alleged cases NEW LAW BOOKS. Just published, price 4s.; interleaved, 58., THE "The accuracy and fulness of the marginal notes of this edition, and the elaborate index, combine to afford all possible facility 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 profcasion."-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 presented 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 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. Price 4s. by Post 4s. 6d. which Regulate the QUALIFICATION and REGISTRATION of PARLIAMENTARY VOTERS IN IRELAND, &c., (13 and 14 Vic. c. 69), collated with the more important provisions of former Acts still in force, elating to the subject, with a Copious Index and Forms. By SAMUEL V. PEET, Esq., Barrister-at-Law. 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; 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 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, 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 to the Editor, with the ablisher, 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. Orders 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. TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 308. Half-yearly, 178. Quarterly, 98 Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45, FLEET-STREET, in the Parish of St. Andrew, and published at 15 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, January 21, 1854. DUBLIN, JANUARY 28, 1854. We have frequently regretted the interruption to public business caused by the custom of holding the first and principal Levee of the season in the course of Hilary Term. Far be it from us to disparage this time-honoured ceremonial, or the loyal motives of those who flock to the Viceregal Court to do homage to their Sovereign in the person of her trusty Representative. It is a cherished relic of the past, which has survived the levelling tendency of the present day, and which shows that the gloomy forebodings of the great Burke respecting the utter extinction of the spirit of chivalry, have not yet been verified. It recals historic associations of a period in our History when we possessed our Nationality, and before Centralization had begun, like a locust, to prey upon our separate institutions; of an age, wherein flourished a glorious band of patriots, orators, and statesmen, the last, and perhaps the greatest of whom, the Nestor of the Irish Bar, we have within the last few days seen consigned to his late and honoured tomb. The holding of the Levee, moreover, doubtless confers much local benefit, in the stimulus that it gives to several COURT OF COMMON PLEAS-(Continued): BARRON V. WEST OF ENGLAND INSURANCE COMPANY. Special jury-16 & 17 V., c. 113, s. 112, 115 COURT OF EXCHEQUER: WILLIAMS v. LOWE. Amendment-Redocketting COURT OF EXCHEQUER CHAMBER: 115 COLLINS, APELLANT; MOFFETT, RESPONDENT. Revision of lists of voters-Power of Revising Barrister-Notices of objection—13 & 14 V. c. 69, 116 CONSOLIDATED NISI PRIUS COURT: YOUNG V. GIBSON. Parish Clerk-Appointment— Resignation-Freehold office—Jurisdiction—14 & 15 Vic, c. 57, s. 96............................. 119 branches of native industry, and in the increased employment of the humbler classes. We think that all these advantages might be equally secured by a more judicious arrangement of the time for holding the Levee, say by postponing it until the first week in February. Every day that the court sits in banco during Term, is of incalculable inıportance to the suitor, as the loss of even one day may have the effect of postponing the hearing of some important case to a subsequent Term, and probably of ruining or seriously injuring one of the litigants. Now, allowing the attendance of the judges at the Levee to be indispensable, it is equally so that no impediment be cast in the way of justice, and when both these objects can be easily attained, we say that it is the duty of those in power to rectify the abuse. If the Levee can be held only in Term time, let it be understood, that a supplemental day shall be added to the Term, which may be done by giving due notice in the Gazette for that purpose. This would remove all complaint. We apprehend that the present system of making the Levee day virtually, so far as Court business is concerned, a dies non, is calculated to create much dissatisfaction in the minds of anxious and harrassed suitors. GENERAL ORDERS IN THE QUEEN'S BENCH, COMMON PLEAS, EXCHEQUER OF PLEAS, AND EXCHEQUER CHAMBER. Dated 11th day of January, 1854. (Continued from page 48.) 151. In case the judge or officer presiding in the inferior court shall not return the writ of certiorari within the time limited thereby, a side-bar rule may be entered, that such judge or officer shall return the writ within two days after service, or that an attachment shall issue. And in case he shall not accordingly return the writ, or show cause against the rule, an attachment shall issue, on the production to the proper officer of an affidavit of the service of such rule, and of the noncompliance therewith. 152. Where the writ of certiorari shall have been issued by the plaintiff and returned, or by the defendant, if the plaintiff shall not file a summons and plaint in the superior court, within two months from the time of the return of the writ, exclusive of the holydays in the 232nd section of the Common Law Procedure Amendment Act (Ireland), 1853, the defendant may enter the rule authorized by the 38th section of the said statute. Removal of Prisoners. 153. No writ of habeas corpus shall issue to remove any defendant from the custody of any sheriff or coroner, for the purpose of having such defendant committed to the custody of the Marshal of the Marshalsea, unless an affidavit shall be made and filed by the attorney employed to sue out such writ of habeas corpus, stating on whose behalf such writ shall be applied for, and the particulars of the several writs under which such defendant shall be detained in custody, and that the application for such writ of habeas corpus is made bona fide on behalf of such defendant, and without any collusion on the part of the plaintiff in any such writ, or any third person whomsoever; and when any application shall be made for such writ of habeas corpus, on behalf of the plaintiff in any writ under which any defendant shall be detained in custody, or ou behalf of any third person, such writ shall not be granted, unless upon order made by the court, grounded upon affidavit, setting forth the reasons for making such application, and the grounds on which it is desired such writ should issue. 154. Where any defendant shall be brought up under any writ of habeas corpus to be committed to the custody of the Marshal of the Marshalsea of the Four Courts, due notice thereof shall be given to the Clerk of the Rules, and to the marshal, that they may attend, to have the said defendant committed; and the said defendant shall be committed by the Clerk of the Rules accordingly. 155. Where a defendant shall have been committed by any of the said courts under a writ of habeas corpus, he shall thereupon stand committed under every writ mentioned in the return of such writ of habeas corpus without any rule; but a memorandum shall be entered in a book, to be kept for that purpose by the Clerk of the Rules, stating the committal, and the particulars of the writs under which the defendant stands committed. Suggestions. 156. In all cases within the 147th section of the Common Law Procedure Amendment Act, (Ireland), 1853, the plaintiff may, as of course, enter a suggestion without any rule; and in all other cases where a suggestion may be necessary, save where otherwise provided for by the said Act, an application shall be made to the court by motion on notice to all parties who have appeared in the action, or their representatives; and all suggestions shall be prepared and signed by counsel, and the taxing officer shall allow a fee to him for preparing same. 157. The 147th section of the Common Law Procedure Amendment Act, (Ireland), 1853, shall be applicable to the case of a first or original suggestion of breaches, as well as to the case of a further or additional breach. Case from Court of Equity-Case under 16 & 17 Vic., cap. 113. 158. Where a case shall have been sent from a Court of Equity to any of the said courts for their opinion, or where a case shall have been agreed upon under the Common Law Procedure Amendment Act, (Ireland), 1853, the party having the carriage of the order shall proceed to make up books for the judges, and set down the case for argument, in the same manner as directed by the 50th rule with reference to demurrers. Reference to the Master. 159. The master shall keep a book, to be called the "Master's Entry Book," in which shall be entered, under proper dates from day to day, all references before him, specifying the meetings thereon, and the counsel, attorneys, and parties who may appear before him, and to which he shall add, in his own writing, the points ruled, or opinions finally expressed by him, so that such book may afford a clear record of the proceedings before him, and prevent any doubt as to what may have been disposed of at any previous meeting, and on all occasions, when it shall be deemed necessary, such book shall be produced in court. 160. The arrangement and regulation of the course of proceeding under each reference shall be wholly subject to the control and direction of the master, and he shall proceed with the reference made to him as speedily as the nature thereof, and the business of the office will allow, and shall continue the attendance upon each summons from hour to hour, and from day to day consecutively, but so as not to cause unreasonable delay in other matters; and on every adjournment fixed from time to time by the master, the parties shall attend without a further summons, unless the master shall other wise direct; and the master may also proceed ex parte in case of non-attendance, after summons or notice, of any person bound or entitled to attend, provided the matter of the reference will admit of that course. 161. Where by reason of the non-attendance of any party, or of one or more of the attending parties not being fully prepared, the master shall be unable to proceed, at the time appointed by him, and shall not deem it expedient to proceed ex parte, he shall be at liberty to order such sum for the costs of the day as he shall think reasonable to be paid by the person in default, or by his attorney personally, as the master in his discretion shall think fit, and in case the same shall not be paid on demand, the party entitled to such costs, on producing to the Clerk of the Rules the certificate of the master stating the amount of such costs, and by whom and to whom the same are to be paid, and an affidavit of demand and refusal to pay, may enter a side-bar rule that the amount of the said costs, and the costs of the rule shall be paid by the party liable thereto. 162. A copy of every order whereby any matter is referred to the master, shall be lodged in his office for the purpose of the reference; and if the party who has the carriage of the order shall not proceed thereunder with due diligence, the master shall be at liberty, upon a summons being issued by any person interested in the subject of the reference, to commit to such person the carriage of the order, and such person shall from thenceforward have the carriage thereof. 163. All charges and discharges shall be signed by the party filing the same, and the contents thereof shall be verified by the oath or affirmation of such party, unless the master, under special circumstances, shall deem it proper to order the same to be filed upon the signature and oath of any other person, or without signature and oath; and all such charges and discharges shall be filed within such time as the master shall direct. 164. Whenever the discharge of any party to any charge shall not be filed within the time allowed for that purpose, the party filing the charge shall be at liberty to issue a summons and proceed on the charge. 165. After a charge and discharge shall have been filed, either party shall be at liberty to issue a summons for proceeding thereon. 166. The master shall be at liberty, if he shall think fit, to examine on oath, viva voce, the parties to any reference, and any person interested therein, and any witness produced; and a subpoena for the attendance of any witness before the master shall be issued by the Clerk of the Writs, as required; and the evidence of such party, person, or witness in all cases shall be taken down at the time by the master, and preserved in the master's office, in order that same may be used, if necessary. 167. All affidavits which have been previously made and read in court upon any proceeding in a cause or matter, may be used before the master; and upon every inquiry before him it shall be in his discretion to determine what further affidavits, (if any), shall be received. 168. When any party complains of any matter introduced into any charge, discharge, or other document before the master, on the ground that it is impertinent, prolix, or scandalous, the same shall be brought before the master by notice, specifying the particular passages objected to; and such party shall be at liberty forthwith to issue a summons for the master to examine into such matter, and the master shall have authority, without further rule or order, to expunge any such matter which he shall find to be impertinent, prolix, or scandalous; and if the master shall find the same not to be impertinent, prolix, or scandalous, he shall make an entry iu his book to that effect, and the costs of such summons shall be in the discretion of the master. and shall be enforced in the manner directed by the 161st rule. 169. The master's report, on a reference, shall specify any charges and discharges upon which the parties may have proceeded before him, and shall contain a schedule of the evidence adduced on both sides. 170. The master shall be at liberty to receive further evidence as to any new matter depending before him, notwithstanding he may have issued his summons to settle his report, and shall be at liberty, in every such case, to order such sum for costs as he shall think reasonable to be paid by the party producing such further evidence, or in consequence of whose proceedings such further evidence may have been required; and in case such costs shall not be paid on demand, the party entitled to same may recover such costs in the manner mentioned in the 161st rule. 171. The master's report, when settled, shall be engrossed, and when signed, shall be filed; and on production of a certificate of the filing thereof, the party may enter a rule to coufirm such report, unless cause in four days after service of the said rule, and the mode of showing cause against the conditional order to confirm the master's report shall be the same as directed by rule 174, in the case of showing cause against a conditional order to confirm an award, mutatis mutandis. 172. Every notice of motion to show cause against a conditional order to confirm the master's report, or to set aside or vary such report, shall specify the grounds on which it is intended to ap peal against such report. Award. 173. Where any matters shall have been referred to arbitration, pursuant to Statute 10 Wm. III., c. 14, and an award shall have been made, the party desirous of enforcing the same shall, before the last day of the Term next enusing the publication of such award, enter a side-bar rule to confirm the same, unless cause in six days after service of the award and order; and if no cause be shown, such rule may be made absolute on production to the officer of an affidavit of such service, and there upon a demand of performance of the award shall be made by notice; and in case it shall be necessary, the party seeking to enforce the award shall. be at liberty to apply to the court, on affidavit, stating the orders, services, and demand hereinbefore specified, and the non-compliance therewith, for an attachment, or for an order for payment of the amount awarded; and such order shall be made accordingly, and shall be absolute in the first instance, and shall specify the time within which such award shall be performed, or money paid. 174. Where any party shall have been served with a conditional order to confirm an award, if he mean to show cause against the same, he shall, within the time limited by the order, serve notice of motion for that purpose, which notice shall specify the grounds of objection to the award, and any affidavit or other documents he may intend to rely upon; and he shall proceed to move such notice according to the course of the court; whereupon the party who has obtained said conditional order may file any affidavits in answer, or give notice of relying on any documents he may think fit, to oppose the said motion. 175. Where matters shall have been referred to arbitration by a consent at a trial, after the jury shall have been sworn, containing a provision that the award shall be entered as the verdict of the jury, the judge's registrar shall, on production of the award, and an affidavit of the perfection thereof, endorse the postea upon the abstract for Nisi Prius accordingly, whereupon judgment may be marked and execution issued as upon a verdict in ordinary cases. 176. No consent to arbitration signed solely by the attorneys in a cause shall be made a rule of court, if the same be conversant of other matters than those in the cause in which they are attorneys; without prejudice to any more enlarged consent being entered into in open court before a judge of Nisi Prius, and subsequently made a rule of court. Compromise. such court any proceeding from an inferior court, and prosecute or defend same in forma pauperis. 181. Every application for liberty to sue in forma pauperis shall be by motion without notice, grounded on affidavit, stating the cause of action, and that the party is unable, from poverty, to prosecute or defend, or remove and proceed with the action (as the case may be), and so detailing his circumstances, that the court may be enabled to judge of the grounds of such statement as to po. verty, and shall be accompanied by the certificate of counsel, that, in his opinion, the party has a good cause of suit or defence; and if such application be made before action brought, or cause removed, the same shall be by petition, verified by affidavit. 182. In all cases not within the statute 10 Car. I., sess. 2, chap. 17, s. 2, in case the court shall think the conduct of a party suing or defending as a pauper vexatious or improper in any proceeding, it may order that he shall pay the costs of such proceeding, or that his proceedings be stayed until such costs shall have been paid. 183. An order giving permission to prosecute or defend, or remove any suit in forma pauperis, shall not be deemed an authority to prosecute, or defend, or remove any suit, except the particular suit specified. Ejectment. 184. The writ of summons and plaint in eject177. Where in any action or proceeding a comment on the title shall be served on every person promise shall have been pending, unless when the same shall have been by parole, no further pro ceedings shall be taken by either party without first entering and serving a rule for liberty to proceed, compromise being off. Continuing Proceedings before Final Judgment. 178. Where after defence filed and before final judgment shall have been marked, no proceeding shall have been taken in any action for one year and a day, by either plaintiff or defendant, and no compromise shall be depending, neither party shall be at liberty to proceed until he shall have served on the opposite party a rule for liberty to proceed, unless cause in eight days after service; and such rule may be obtained in the office at any time within two years from the last proceeding, on an affidavit of the facts; but after the lapse of two years the party requiring such rule shall serve notice of motion, and apply to the court for in possession of the lands sought to be recovered, or any part thereof, or in receipt of the rents and profits of the same, or any part thereof, or who shall claim to be entitled to the present receipt of the same, or of any part thereof. 185. In every affidavit of service of a writ of summons and plaint in ejectment on the title, it shall be stated that the deponent knows not of any person other than those who have been served, who is in possession of the lands sought to be recovered, or any part thereof, or in receipt of the rents and profits, or any part thereof, or claiming to be entitled to the present receipt of the same, or any part thereof, and which statement shall be verified by the affidavit of the attorney of the plaintiff, and also of the person, or one of the persons, by whom he was employed to bring the ejectment. 186. The writ of summons and plaint in ejectment for non-payment of rent shall be served on the tenant under the lease or instrument sought to be evicted, and his assignee, and on every person in possession or in receipt of the rents and profits of the premises sought to be recovered, or any part thereof; and also on any mortgagee of such premises, whose mortgage shall have been registered within six calendar months from the perfection thereof; and also the assignee of any such mortgagee, whose assignment shall have been in like manner registered. 187. In every affidavit of service of the writ of summons and plaint in ejectment for non-payment of rent, it shall be stated that the deponent knows not of any person other than those who have been served, who is tenant under the lease or instrument sought to be evicted, or assignee thereof, or in pos |