six days from the date of such application, enter into a recognizance by himself and two sufficient securities in a reasonable sum, conditioned to pay the costs, damages, and mesne profits, which shall be recovered by the plaintiff in the action, which motion will be grounded on the affidavits of

copies of which are now delivered to you; and you are hereby informed that, in the event of such an order being made, if the defendant shall not comply therewith, by entering into security as required, the plaintiff will be at liberty to enter up judgment, notwithstanding any defence filed by the defendant for the recovery of the possession of the premises and his costs of this suit.

RULES AND ORDERS IN RELATION TO THE APPOINTMENT OF COMMISSIONERS FOR TAKING AFFIDAVITS OR SPECIAL BAIL.

COURT OF QUEEN'S BENCH, 13th June, 1864.

1. From and after this date, every application for the appointment of any person to act as a commissioner for taking affidavits or special bail (for the Superior Courts of Common Law in Ireland, within any county in Ireland, or as a commissioner for taking affidavits within any district in Great Britain), pursuant to the 13th Vict., ch. 18, sect. 47, shall be by motion to this Court, grounded upon affidavits and certificates, as hereinafter mentioned.

2. An affidavit shall be made by the applicants, setting forth the county or district, in and for which he seeks to be appointed such commissioner, as also his place of residence and usual occupation or business, and that he has such residence or place of business in or near to a city or town in the county or district, so that access to him may be readily had. It shall also state the number of commissioners already in such city or town, or within ten miles thereof, and in case of an application from Great Britain, it shall state how many commissioners there are within the entire district for which an appointment is sought, and where they are respectively resident; and in every case the affidavit shall set forth whether a vacancy has been recently occasioned, and if so, whether by death, resignation, or otherwise, and that to the best of deponent's belief, the certificate relied on, and the signatures thereto, are true and genuine.

3. The certificate or certificates on which every application for a commissionership in Ireland shall be grounded, shall be in the form hereto annexed, or to the like effect, and shall be signed by not less than six barristers of the circuit to which the county belongs, of whom not less than two shall be Queen's counsel, by not less than six attorneys actually practising, and by such magistrates and other persons resident in the county as he may be able to procure, who will testify that a commissioner is wanted, and that the applicant is a fit and proper person to be appointed.

Form of General Certificate.

We, the undersigned, whose names, descriptions, and residence are attached hereto, do certify to Her Majesty's Court of Queen's Bench, that a commissioner for taking affidavits [and special bail if required] for the superior Courts of Common Law in Ireland, is much wanted at the town of in and for the county [or district] of Mr.

and we further certify that

of that town [specifying his calling, trade, or occupation] is a person well qualified by his skill and trustworthiness

to fill the office above-mentioned.

of

Form of Barrister's Certificate.

of

,

We, the undersigned, Barristers-at-Law and going the circuit, do hereby certify to Her Majesty's Court of Queen's Bench that we verily believe Mr. in the county is a person qualified and competent to discharge the duties of a commissioner for taking affidavits [and special bail if required] at. aforesaid, in and for the said county, and is a fit and proper person to be appointed thereto. 4. The certificate grounding an application from Great Britain shall be in the form of the general certificate above set forth, or to the like effect; but every barrister, attorney, magistrate, merchant, or other person signing the same, shall affix to his signature his degree, profession, or avocation, and the place of his residence.

5. No affidavit or certificate shall be moved on, until the same shall be duly filed in the office of the Clerk of the Rules of this Court, and certified copies thereof produced to and left with him; and that attested copies of every document so filed may be had on application at the office of the Clerk of the Rules.

6. If the application for a commissionership in Ireland shall be entertained, the primary order made on the motion shall be, that the same do stand over for a day certain named therein, being not less than one week in full term; and a copy of the said order, setting forth the nature of the application, with a

reference to the documents on which it has been grounded, shall within three days be delivered to, or left at, or transmitted by registered letter to the residence or place of business of every commissioner within the same town or place, or within ten miles thereof and in case of an application from Great Britain, such special directions shall be given with respect to the notification of such intended appointment as the Court shall under the circumstances think proper, and shall insert in its order.

7. If after the making of such primary order as aforesaid, any other application shall be made with respect to the same city or town in Ireland, or to a place within ten miles thereof, or with respect to the same district in Great Britain, it shall be subject to such special orders and directions as the Court shall think fit to make in respect thereof."

8. The attorney of the applicant shall attend the court in his proper person, as well on the application for the primary order as upon every subsequent application, in order to give his personal voucher for the respectability and fitness of the applicant, and answer such questions as may be put to him by the Court.

9. After the primary order has been made, notice thereof, and of the day on which the final order is to be moved for, shall be notified by the clerk of the rules in the Legal Diary on each day in full term until the matter shall be disposed of.

10. Before the final order shall be moved for, an affidavit of the due service of the primary order shall be made and lodged, with the Clerk of the Rules.

11. The Clerk of the Rules shall keep in his office a book, in which shall be entered the name of every person holding a commission from the Court, or otherwise authorised to take affidavits, or special bail in the country, or to take affidavits in Great Britain for the superior courts of common law in Ireland; also the town and county, or other district specified in his commission, with the date and the extent thereof; and in the said book shall also be noted whether such commission has for any and what cause been suspended, withdrawn, or annulled.

12. The Clerk of the Rules shall furnish to every person, on his being appointed such commissioner as aforesaid, together with his commission, and for his better guidance and instruction as to his duties, a printed copy of the General Orders of the Courts of Queen's Bench, Common Pleas, and Exchequer, bearing date the 11th day of January, 1854, and numbered from 140 to 145 both inclusive, or any other general rules and orders for the time being in force, for the regulation of the duties of the said office.

RULES AND REGULATIONS BY THE JUDGES OF THE COURT OF QUEEN'S BENCH IN IRELAND,

(Pursuant to the 38th section of the 27th and 28th Vic. cap. 99, intituled "An Act to amend the Procedure of Civil Bill Courts in Ireland, 1864.")

22nd February, 1866.

1st. That when a Judge of assize upon the trial of any appeal from a Civil Bill Court shall direct a special case to be stated for the opinion of a superior court of common law, and shall sign same, the appellant shall within seven days after the signing thereof lodge same with the Clerk of the Rules of such cour tas the Clerk of the Rules of the Court of Queen's Bench shall direct, according to the following rule :

2nd. That such special cases shall be heard and determined in rotation by the several superior courts of common law-that is to say, the first case by the Court of Queen's Bench, the second by the Court of Common Pleas, and the third by the Court of Exchequer, and so in continuous rotation, so as to have an equal distribution thereof; and the Clerk of the Rules of the Court of Queen's Bench shall accordingly, upon the production to him of each such case, direct same to be lodged in such court, as according to such rotation as aforesaid would be the proper court to hear and determine same, and shall endorse such direction on each such case, and sign and date same.

3rd. That in order to carry out such distribution in rotation, the Clerk of the Rules of the Court of Queen's Bench shall keep a book or record of all cases so directed by the Judge of assize, and shall in said book, upon the production of each such case, forthwith make the necessary entry therein, stating the county or other locality, and the Judge from whom same was received, and the Court by which same is to be heard and determined, according to such direction as in foregoing second rule is mentioned.

4th. That the appellant upon lodging such case in the proper court shall pursue the same course of practice as to setting down for hearing, etc., as in cases at present set down under the Act 20th and 21st Vic. ch. 43, and which practice is governed by the 50th and 51st General Orders of the three Superior Courts of Law, dated 11th January, 1854.

5th. That the parties, appellant and respondent, shall respectively as between each other, be entitled to the like costs as are now allowed to appellant and respondent, under the said Act of 20th and 21st Vic. ch. 43.

APPENDIX.

PART II.

CONSISTING OF STATUTES RELATING TO THE LAW OF EVIDENCE.

Office copies

to be received

2 & 3 WILLIAM IV. CHAP. LXXXVIL

An Act to regulate the office for Registering Deeds, Conveyances, and Wills in Ireland.

XXXII. "And whereas it is convenient that office copies of of memorials the memorial registered in the said register office should, under in evidence. certain limitations, be received in evidence ;" Be it therefore enacted that in all proceedings before any court of justice for all purposes whatsoever, an office copy of any memorial registered in the said office shall, upon such office copy being proved in like manner as the office copy of any other record, be received and taken as evidence of the contents of the memorial of which it purports to be an office copy without the production of the original memorial: Provided always that the party producing such office copy shall, if out of Dublin ten days, and if in Dublin eight days before producing the same, give notice in writing to the adverse party thereof; and provided also, that such adverse party shall not within four days after receiving such notice, demand by a counter-notice that the original memorial shall be produced; and in every case in which such counternotice shall be given, the costs of producing the original memorial shall be paid by either party, as the court in which the proceeding shall take place, or the Taxing Officer of such court may determine.

The provisions of the above section do not apply to the registered office copy of the affidavit of ownership in the case of a judgment mortgage (Reidy v. Pierce, 11 Ir. C. L. R. 361). In order to prove a judgment mortgage three things must be proved,-first, that a judgment has been duly entered up; secondly, that a proper affidavit has been filed in the court in which the judgment is entered; thirdly, that such affidavit was duly registered in the office for registering deeds and wills, by depositing in that office an office copy of the affidavit (Duncan v. Brady 12 Ir. C. L. R. 171, per O'Brien, J.). As to the nature of the proofs necessary for proving the three matters mentioned, see the two cases referred to above.