blindness, or an indifference, to the deepest interests of the community founded upon that real union of the two countries which must arise from a complete identity of laws. By the enactment of new laws for one side of the channel only, the lines of distinction are every year diverging more widely asunder; whilst, in the many instances of the revision of particular branches, by omitting to identify our laws, opportunities of drawing closer the bonds of connection between the two countries have been passed over: thus, the difficulties arising from the diversity of previous laws have been aggravated: they are, not, however, insurmountable: the common law is the same for both; the leading statutes the same or very similar; and, doubtless, if the subject be attended to, means will be found of overcoming every obstacle. The most beneficial effects to legislation itself, likewise, may be expected from uniting the interests of all in the attainment of a common, and more perfect system of laws. In advocating the identification of the general statute law of the two countries, I do so in the widest sense, convinced that until the most complete community of rights and of laws is obtained for the inhabitants of both, the prosperity of Ireland must be retarded. The class of statutes brought together in this collection may be viewed as a subdivision of the law of landed property, taking its origin in the distinction between landholder' and 'landowner;' the idea of landowner' not including the relation of tenure, or of landlord and tenant. The branch of the statute law falling under the head of the rights and liabilities, the remedies by and against land owners, considered independently of any consequences of tenure, is a very extensive one indeed, and embraces some matters closely connected with the immediate subject of this work; as, for instance, the powers of the landowner to create the relation of landlord and tenant, and, with those, the whole of the enabling and disabling statutes. It also comprises the laws of tithes ;-of public assessments, &c. &c. ;—of trespasses and other injuries to landed property;-of the elective franchise founded upon interests in land;-of conveyancing;-of the registry of deeds; and other matters of the highest importance and general application; to the arrangement of some, or all of which, I purpose, hereafter, if circumstances permit, to apply myself. A few errors and omissions, which, unavoidably, have occurred, are mentioned at p. 297, to which the reader can insert references in the proper places. It only remains to say a few words as to the text of the statutes. The translations of the ancient English statutes are taken from the old printed translations which were adopted in editing "The Statutes of the Realm." See the introduction to that work, p. xlii. The corrections of errors in translation there noticed are also inserted, and, occasionally, some further corrections are suggested by the Editor. The various readings of the original are from the same source, and, in some instances, the text has been compared with the statutes as published by Sir Edward Coke, in the 2d part of his Institutes. His copies, however, it appears, were far from authentic, and are not to be relied upon. Where there has been only an English act, without any corresponding Irish act, or vice versa, the clauses are printed in, what is called, the broad measure; where there are corresponding enactments, the Irish act is printed, in full, in, what is called, the narrow measure, and the variances in the English act are noted in the inner margin. The English act can at once be read by substituting the words between [the brackets] in the margin, for those between [the corresponding brackets] in the text of the Irish act. Where the variance was only in the spelling, it has not been noticed; but in all cases where the words could be considered as altered, or the expressions as abbreviated, or added to, the differences between the acts have been scrupulously attended to, and pointed out. 6, Lower Merrion-street, 1st November, 1828. W. E. H. ACTIONS, SUITS, AND PROCEEDINGS BETWEEN LANDLORDS AND TENANTS. 1. The landlord's remedies. 1. For recovery of the land. ANALYSIS, 1. During the continuance of the term demised. 51. For condition broken at common law. 51. Where less than a year's rent may be due. 2. Before inferior tribunals. S1. In England, before magistrates, for desertion. $1. Grounded on desertion. 12. Grounded on nonpayment of rent. 2. After the expiration of the term demised. 1. By ejectment in the superior courts. 2. In Ireland, by civil bill, grounded on overholding. 2. By proceedings against the goods. 1. By distress, and therein of replevin. 1. Of the proceedings, independently of the tenant's replevin. 2. For what a distress may be made. 3. In what right. 4. At what time. 5. In what place. 6. What may be taken. 7. Of the taking and impounding. 8. Of the appraisement and sale. 2. Of the tenant's replevin. 1. By writ or plaint. 1. Of making replevin. 2. Of the sureties and replevin bond. 3. Of removing the plaint to a superior court. 4. Of the pleadings in the action. .5. Of the subsequent proceedings. 2. In Ireland, by replevin at petty sessions. 2. By claim, &c. where the goods are taken by others, and where others claim. 3. By civil proceedings against the tenant, &c. personally, 1. By actions in the superior courts. 1. Ex contractu. {2. Ex contrac 2. By proceedings before inferior tribunals. 1. In Ireland, by civil bill in common cases. 2. For penalties, where the proceedings relate to the right of distress or to 3. In Ireland, relative to the rights in trees. 4. In Ireland, relative to the burning of land. L4, By criminal proceedings against the tenant, &c. S1. For injuries affecting the right of distress. 2. The tenant's remedies. [the possession. |