1494-5; when a set of statutes were enacted in Ireland, in the 10th Henry VII. c. 22, called Poyning's Statutes, (because Sir Edward Poyning was Lord Deputy there) which adopted the legislature of England; by which means all acts passed previously to that year, including Magna Charta, became applicable to, and in force in Ireland: but those acts which during the period under consideration have been passed since that year, in which Ireland is not particularly named, or generally included, do not extend to Ireland. It is on this account necessary for the Irish practitioner to become familiar with a portion of statute law not brought under his attention in England, viz. that which over-rides the interval between A.D. 1494 and 1800. The student will find many differences in the language of the corresponding statutes of the two countries during that interval, as well as enactments in the one country which are peculiar, and not parallel with similar enactments in the other. Take, as an instance, the case of an action against the sheriff for an escape in Ireland the venue is local, in England transitory, because the word Sheriff is inserted in the Irish stat. 10 Car. I. stat. 2. c. 16, but omitted from the corresponding English statute, 21 Jac. I. c. 12, sec. 5. The student whose attention had not been directed to this difference between the two enactments would probably follow the rule on this subject laid down in English books of pleading, and insure thereby defeat to his client,-a result which actually happened in the case of Collins v. Singleton (Smith & Batty, 251, Irish Rep.). Again, the venue is local in England, in an action of covenant, against the assignee of a lessee: in Ireland it is transitory; the Irish stat. 11 Anne, c. 2. sec. 6, making the assignee liable by privity of contract, not of estate; and so it was decided

in Grogan v. Magan (Alcock & Napier, 366). So again in Life Insurance, there is a far more important discrepancy between English and Irish law. To prevent gambling, by way of insuring the lives of other parties, stat. 14 Geo. III. c. 48 enacts, that the plaintiff must have an interest in the life insured. There being, however, no such enactment for Ireland, any person may there insure the life of any other person.* (British Insurance Company v. Magee, (1 Cook & Alc. 182). Other instances might be given; but these sufficiently illustrate the necessity of Irish practitioners having their attention kept alive to this subject.-Gabbett's "Digested Abridgment and Comprehensive View of the Statute Laws of England and Ireland, to the year 1841, inclusive," (in four volumes, 8vo,) and the more recent work of Mr. Oulton, in one volume 8vo, entitled "Index to the Statutes at present in force in or affecting Ireland, from A.D. 1310 to 1835 inclusive," will be found very valuable for this purpose. (3.) The third period commences A.D. 1800, when the union was effected between the two countries by stats. 39 & 40 Geo. III. c. 47 (English), and 40 Geo. III. c. 38 (Irish). Since that event, the general rule is, that statutes bind Ireland, unless it be exempted from their operation by express proviso. Now, statutes will be found, the enactments of which manifestly show that the Acts were intended for England only,- and yet they extend to Ireland, for the want of a clause excepting Ireland from their operation. Statutes 57 Geo. III. c. 93; 4 & 5

* It is now, however, very common in Irish insurances, to insert an express condition that the party insuring shall have an interest in the life insured; but why cannot a short Act be passed, extending stat. 14 Geo. III. c. 48, to Ireland?

Will. IV. c. 22; and 2 & 3 Vict. c. 29, afford instances of the inadvertent insertion or omission of such proviso, and of the inconveniences and mischiefs consequently ensuing. All this shows the existence of another source of anxiety, another ground for vigilance, on the part of Irish practitioners. It is necessary to add that, by the 8th section of the Act of Union, "all the Laws and Courts of each "kingdom shall remain the same as already established,

subject to such alterations by the united parliament as "circumstances may require; but that all writs of error " and appeal which might then have been decided in the "House of Lords of either kingdom shall be decided by "the House of Lords of the united kingdom."

We may here observe that many statutes have been passed, during the last few years, extending provisions to Ireland, analogous to those which have recently been enacted for this country, but with such variations as the legislature has deemed requisite, on account of the different circumstances of that country. In August, 1841, was passed the statute for regulating municipal corporations in Ireland (stat. 3 & 4 Vict. c. 108, amended by stat. 5 & 6 Vict. cc. 46 & 104). In the same year was passed an act for amending the law for the relief of insolvent debtors (3 & 4 Vict. c. 107, amended by stat. 4 & 5 Vict. c. 47). In 1844 was passed an act (stat. 7 & 8 Vict. c. 90), materially altering the law of bankruptcy in Ireland; extending to it some of the most beneficial of the recent enactments for England. In 1840 also was passed another most important statute, blending some of the leading provisions of our own statutes for abolishing arrest on mesne process, and for further amending the law, and the better advancement of justice

(see stat. 3 & 4 Vict. c. 105, amended by 4 & 5 Vict. c. 17, and 5 & 6 Vict. c. 95). It extends to Ireland most, if not all, of the excellent enactments of stat. 3 & 4 Will. IV., c. 42, with the exception of that empowering the judges to alter the system of pleading. Till this last change shall have been effected, there is some force in the remark of Mr. Napier that our new system in England is apt, to a certain extent, to confuse and mislead students preparing for the Irish bar, who learn much of what is not merely unprofitable, but even deceptive, and quite unfitted for Irish practice! With sincere deference to this able member of the profession, we think that he over-states the inconveniences and dangers attending the study of our new system-which doubtless will soon be established in Ireland; when it will instantly sweep away much loose and bad law-much legal rubbish-as it has in England. In an English pleader's chambers, an Irish student will see in full play the rigorously exact system of special pleading, which is calculated to afford him a lively idea of its true genius and spirit, and to enable him to lay the basis of his common-law education, deep in the reasons and principles of that law. His time devoted to pupilage in England is long enough for this purpose, but not to fix in the mind notions which cannot be eradicated on his return to Ireland, and witnessing the operation of the system at present in force there. We have already intimated (ante, p. 539) that the new system of conveyancing substituted for fines and recoveries, was extended to Ireland in 1834, by stat. 4 & 5 Will. IV., c. 92. There exist, at present, important discrepancies between the law of landlord and tenant in Ireland and that of England; but the attention of the legislature is at this

moment anxiously directed to the subject; and it is devoutly to be hoped that some of the most severe evils in the system may be safely and speedily eradicated. This subject is, however, surrounded with difficulties, which seem almost insuperable.

For information as to the laws in force in Ireland, generally, the student is referred to Sir Edward Coke's Fourth Institute, c. 76; Hale's History of the Common Law, ch. 9, and Note A. of Mr. Serjeant Runington; Co. Litt. 141 b.; Comyn's Digest, tit. "Ireland," and the same title in Viner's Abridgment, (vol. 14, p. 566, 1st ed.); 1 Bla. Comm. pp. 100, et seq. For an outline of the system of real property law in force in Ireland, the student is referred to the Appendix to Burton's Elementary Compendium of the Law of Real Property, pp. 503 -519 (1st ed.), and on the subject of Irish appeals to the House of Lords, Mr. Macqueen's "Practice of the House of Lords."

Let us close this brief and imperfect notice, by citing the words used by Sir Edward Coke* in speaking of Ireland,-" UNION OF LAWS IS THE BEST MEANS FOR THE UNION OF COUNTRIES."

* Co. Litt. 141 b. Note.-The author has been indebted for several of the suggestions in this chapter to a lecture by Mr. Napier (mentioned in the text), on the Statute Law of Ireland, delivered at the Dublin Law Institute, on the 26th May, 1841, as reported in the "Legal Reporter," vol. i. pp. 243, et seq. (Dublin).