all the names then upon the diocesan jury list of incumbents residing within the archdeaconry wherein the offence shall be alleged to have been committed four names, and if the party accused shall object to such names or any of them, then the names so objected to shall be omitted and so many more shall be drawn as shall fill up the number unobjected to to four, and such remaining four shall be the jury for the trial of the said clerk; and they shall forthwith be summoned, by writ under the hand and seal of the said bishop, to attend and serve on the said trial: Provided always, that if any of the four persons whose names shall have been so drawn shall not be present when the Court shall sit, those of the four persons aforesaid who are present shall select one or more from the incumbents of the diocese as shall be necessary to make up the number of four: Provided also, that if the clerk to be tried shall not appear, by himself, proctor, or attorney, the jury list shall be drawn as herein provided."

The next section (21) enacts :

like manner to punish by admonition, suspension, or deprivation any such clerk found guilty under this act of any offence for which he may be so punished according to the Ecclesiastical Law: Provided always, that no vicar-general or commissary shall pronounce any sentence of deprivation without the sanction of the bishop, or archbishop in case of the incapacity of the bishop, and that no sentence of deposition from the ministry be pronounced but by the bishop in person, with the assistance of the archdeacon if he may be had conveniently, and of two other at the least grave ministers: Provided also, that every such sentence shall be notified by the registrar of the diocese wherein the same shall be pronounced to the bishop of every other diocese in England and Wales and Ireland."

that scandal is likely to arise from the party And where it may appear to the bishop accused continuing to perform the services of the Church, or that his ministration will be improper whilst such charge or appeal is "That the jury so constituted as aforesaid, pending, the bishop is empowered to inhibit being sworn, shall try and determine, according such person from performing such services to the evidence, whether all or any and which until sentence has been given in the cause of the articles have been proved, and shall give on appeal; and provision is made for the their verdict accordingly; and all questions of performance of such services during the law which shall arise upon such trial as to the

admissibility of evidence or otherwise, and in period of inhibition.

cases of conviction the nature and the amount

Clauses are also introduced for compelling of the punishment, shall be decided by the the attendance of witnesses and production bishop, or his vicar-general or commissary, of documents, and it is declared that the presiding in the court, and a note of every deci- evidence shall be taken in open Court, sion shall, whenever the accused, his counsel or before a Commissioner, and that wit or agent, shall require it, be made and signed nesses shall be examined on oath or solemn by such bishop, vicar-general, or commissary affirmation, and be liable to punishment for so presiding as aforesaid." perjury.

By the next section, the sentences pronounced by the bishop, vicar-general, or commissary, under this act, shall be as effectual and enforced by the like means as the sentence of an Ecclesiastical Court of competent jurisdiction.

The incumbents nominated on the jury list are bound to assist on pain of being punished for contempt in the Consistorial Court.

The occasions on which an appeal is to be allowed are pointed out by the 31st section, which runs thus :

"It shall be lawful for any clerk proceeded against under this act to appeal to the Court of Appeal herein-after mentioned, on the ground that the verdict was against or not justified by the evidence, and for such clerk or for the party by whom the articles shall have been exhibited, where articles shall have been exhibited other than the bishop having cognizance of the against any clerk at the instance of any person

The 24th section declares what offences shall be punishable by deprivation or other-cause, to appeal to the Court of Appeal hereinwise; it is as follows:

before mentioned, either on the ground that "That it shall be lawful for the bishop per- been wrongfully received or rejected, or that the evidence material to the issue of the cause has sonally to punish by deposition from the minis- decision upon any other question of law, or any try any clerk in holy orders who shall be found judgment or order given in the cause by the guilty under this act of any offence for which bishop, vicar-general or commissary, was not he may by the Ecclesiastical Law be deposed warranted by law, and to move the Court of from the ministry, and for the bishop person- Appeal to order that a new trial be had, or that ally, or by the vicar-general or commissary, the judgment or order complained of be vato punish by admonition, suspension from or cated, annulled, or varied, as the case may deprivation of any benefice holden by him, any require." such clerk who shall be so found guilty of incontinence, drunkenness, or simony, or who *shall have been convicted of treason, felony, or perjury before any temporal Court, and also in

The next section provides that

Wales be to the Queen in council, and shall be "Every such appeal shall in England and

Clergy Offences Bill-New Statutes effecting Alterations in the Law.

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heard before the Judicial Committee of the clerk of the United Church of England and Privy Council, and in Ireland to the Queen in Ireland, otherwise than under this act, with her Court of Chancery, and shall be heard by a saving of the ecclesiastical jurisdiction a Court of Delegates as if this act had not been exercised by bishops in the, colonies and passed: Provided always, that if in the hearing foreign possessions. But the provisions of of any appeal in the Judicial Committee of the Privy Council any question shall arise affecting doctrine, it shall be lawful for the said Court, if it shall think fit, to direct that a case be laid before the Court of Appeal constituted by this act, in order that the opinion of the said last mentioned Court may be had thereupon."

this act are not to interfere with persons instituting suits to establish civil rights.

Proceedings against bishops on account of charges brought against them for offences against the Ecclesiastical Laws are to be prosecuted in the same manner as before Bishops who are of the privy council are the passing of the act 2 & 3 W. 4, c. 92, to be of the judicial committee on appeals, and nothing in this act contained is to take and one bishop at least is to be appointed away or abridge the authority which the in every commission of delegates in Ireland. archbishops and bishops now exercise perTo prevent frivolous appeals it is pro- sonally, and without process in Court, over vided that there shall be no appeal upon the clergy of their respective provinces or any interlocutory decree or order without dioceses.

the leave of the bishop or judge, nor in any By a distinct clause, (43), it is also case unless the party prosecuting the appeal enacted, that in case of a benefice being becomes bound with two sufficient sureties sequestered on account of debt, the bishop to pay the costs in case he shall not succeed may prohibit the clerk from performing in his appeal. duty, and appoint a curate.

By section 36, no new evidence is to be Such is an outline of the new code inbrought or received before the Court of tended to be established for the correction Appeal, but upon the consideration of the of offences committed by members of the cause as transmitted, that Court may order ecclesiastical profession. The devotion of or refuse a new trial, or affirm, reverse, so large a portion of our space already to that ..annul, or vary the judgment or order.com- the subject, admonishes ns any critical plained of, and make such other orders in examination of its details must be reserved the cause as justice requires. for some future opportunity.

To prevent the sentence from being carried into execution pending the appeal, NEW STATUTES EFFECTING ALTERAvit is also provided:

"That whenever any clerk having been found guilty under this act shall, by himself or his counsel or agent, before the final sentence

TIONS IN THE LAW.

NORTH AMERICAN PASSENGERS ACT, 11 VICT.,.c. 6.

of the Court shall be pronounced, signify his An Act to make further Provision for "One

..intention to appeal, the bishop, or his vicar.general or commissary, shall either pronounce Year, and to the 'End of the then next Session of Parliament, for the Carriage of a sentence to be carried into execution at such time after the determination of such appeal as Passengers by Sea to North America. to him shall seem fit, or shall postpone the [28th March, 1848.] pronouncing of such sentence until after the 1.5&16 Vict. c. 107.10 & 11 Vict. determination of the appeal; and when the c. 103-No ship carrying passengers allowed sentence itself shall be the ground of appeal, to take more than a limited number according the judgment and sentence of the Court shall to space and tonnage. Whereas it is expenot take effect until after the determination of dient to make further provision respecting the appeal; and when the pronouncing of the the carriage of passengers by sea to certain sentence shall have been postponed, it shall be parts of North America and the Islands lawful, at any time after the determination adjacent thereto, and for that purpose to of the appeal, for the bishop for the time being alter certain provisions of an act passed in of the diocese in which the trial was had, the session of parliament held in the 5 & 6 Dor his vicar-general or commissary, to pronounce the sentence in like manner as if he had personally tried the cause; provided that if the sentence be pronounced after the decision upon the appeal, the party accused may, if he -see cause, appeal against such sentence."

It is expressly declared by section 38, that no criminal proceeding is to be instituted in any Ecclesiastical Court against a

Vict., intituled "An Act for regulating the Carriage of Passengers in Merchant Vessels," and of an act passed in the session of parliament held in the 10 & 11 Vict., intituled "An Act to amend the Passengers Act, and to make further Provision for the Carriage of Passengers by Sea:" Be it therefore declared and enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in, this

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New Statutes effecting Alterations in the Law.

6. Qualification of surgeon.-That every such surgeon as aforesaid shall be a person duly qualified by law to practise in the United Kingdom as physician, surgeon, or apothecary, and who shall not be objected to by the said emigration officer.

present parliament assembled, and by the authority of the same, That no ship carrying passengers on any voyage from any port or place in the United Kingdom, or in the Islands of Guernsey, Jersey, Alderney, Sark, or Man, to any port or place on the eastern coast of North America, or in the islands adjacent thereto, or 7. No ship to proceed until the medicine chest in the Gulf of Mexico, shall proceed on such and passengers have been inspected by a medical voyage with or shall carry more passengers on practitioner. - Remuneration of medical pracboard than in the proportion of one passenger titioner. If no medical practitioner can be to every two tons of the registered tonnage of obtained, ship may proceed by permission of such ship; and that no such ship shall, what-emigration officer. That, except as hereinafter ever be the tonnage thereof, proceed on such provided, no ship shall clear out or proceed on voyage with or carry more passengers on board any such voyage as aforesaid, until the said than in the following proportion to the space surgeon, or, in case of ships not carrying occupied by them and appropriated to their surgeons, until some medical practitioner, to use, and unoccupied by stores not being the be appointed by the said emigration officer, personal luggage of the passengers; (that is to shall have inspected as well the medicine chest say,) on the deck upon which the passengers of the said ship as the passengers on board, live, one passenger for every twelve clear super- and shall certify to the said emigration officer ficial feet, or on the orlop deck, if any, one that the said ship contains a sufficient supply passenger for every thirty such superficial feet; of medicines, instruments, and other things and that if any ship carrying passengers upon requisite for the medical treatment of the pas any such voyage as aforesaid shall carry any sengers during the intended voyage, and that person or passenger beyond such proportions, none of the passengers appear to him likely, by or any of them, the master of the ship shall, reason of being affected by any infectious or for and in respect of every person or passenger other disease, to endanger the health of the constituting such excess, be liable to the pay-persons on board: Provided always, that the ment of a penalty not exceeding 51. sterling. master, owner, or charterer of every ship in 2. Two children under a certain age to be computed as one passenger. That in computing the aforesaid proportions two children, each being under the age of 14 years, shall be computed as one person or passenger, and that children under the age of one year shall not be included in such computation.

3. No ship carrying a certain number of passengers to proceed on her voyage without a ship's cook, to be approved by the emigration officer. That no ship carrying 100 or more passengers shall clear out or proceed on her voyage unless there shall be on board a ship's cook approved by the emigration officer at the port of clearance, and engaged for the purpose of cooking the food of the passengers, nor unless a convenient place shall have been set apart, and a sufficient apparatus provided for that purpose, to the satisfaction of the said emigration officer; and if any ship shall proceed on her voyage, not having on board such ship's cook and cooking apparatus as herein is required, the master of the said ship shall be liable to a penalty not exceeding 50l.

spected by any medical practitioner so appointed as aforesaid shall pay to such medical practitioner a sum, to be fixed by the said emigration officer, not exceeding 20s. for every 100 passengers: Provided also, that in case on any particular occasion it shall be deemed by the emigration officer impossible to obtain the attendance of such medical practitioner, it shall be lawful for the master of any such ship to clear out and proceed on her voyage, on receiving from the said emigration officer written permission for the purpose.

8. Passengers affected with diseases may be re-landed.-Penalty on master wilfully proceeding on voyage with diseased persons on board.— That in case any such surgeon or medical prac titioner shall notify to the emigration officer at the original port of clearance, or at any other port or place in the United Kingdom, into which the vessel may subsequently put, or in case the said emigration officer shall be otherwise satisfied, that any person about to proceed on such voyage as aforesaid is likely, by reason of being affected by any infectious or other 4. Ships carrying passengers to have a duly disease, to endanger the health of the other qualified surgeon on board, else number to be persons on board, it shall be lawful for such limited. That whenever any ship shall carry officer to re-land, or cause to be re-landed, any 100 or more passengers on any such voyage as such person, and such members of his family, aforesaid, there shall be on board a surgeon if any, as may be dependent on him, or as may duly qualified as hereinafter mentioned, or in be unwilling to be separated from him; and default thereof it shall not be lawful for any no ship shall be cleared out or proceed on any such ship to carry more passengers on the deck such voyage so long as any such person or upon which the passengers live than in the pro- persons shall be on board, and the master of portion of one passenger to every 14 superficial any such ship who shall wilfully proceed on feet so occupied and appropriated as aforesaid. the said voyage with any such person or per 5. Certain children to be computed passengers sons on board shall be liable to a penalty not when number limited. That in the calculation exceeding 507. sterling.

T

"

of such proportion every child above the age 9. Passengers so re-landed entitled to recover of one year shall be computed as one passenger. passage money by summary process before two

New Statutes effecting Alterations in the Law.

justices.-That any person or persons who shall be so re-landed as aforesaid, or the emigration officer on his or their behalf, shall be entitled to recover by summary process, before two or more justices of the peace, in like manner as in the said first-recited act is provided in the cases of monies thereby made recoverable, the whole of the monies which shall have been paid by them, or on his or their account, for his or their passage in such ship as aforesaid, from the party to whom the same may have been paid, or from the owner, charterer, or master of such ship.

5833

with two copies of this and of the said recited acts, shall, on demand, be delivered by the collector or comptroller of the customs of the port of clearance to the master of every ship carrying passengers on such voyage as aforesaid; and that such master shall, so long as any passenger be entitled to remain in the ship, keep posted, in at least two conspicuous places between the decks of the said ship, copies of such abstract, and shall be liable to a penalty: not exceeding 40s. sterling for every day during any part of which by his act or default such abstract shall fail to be so posted; and that any person displacing or defacing such abstract so posted shall be liable to a penalty not exceeding 40s. sterling.

14. How penalties to be recovered.—That all penalties imposed by this act shall be sued for and recovered by such persons only, and in such manner, as in the said first-recited act is provided in the case of the penalties thereby imposed.

10. Her Majesty may issue orders in council prescribing rules, &c., for preserving order, &c., on board vessels.-Gazette, and copies printed by the Queen's printer, to be evidence of orders, &c.-That it shall be lawful for her Majesty, by any order or orders in council to be by her made, with the advice of her Privy Council, to prescribe any such rules and regulations as to her Majesty may seem fit for preserving order, and for securing cleanliness and ventilation, 15. Bond required by first-recited act to be on board of British ships proceeding on such security for observance of provisions of secondlyvoyage as aforesaid, and the said rules and re-recited act and this act.-That the bond regulations from time to time in like manner to alter, amend, and revoke, as occasion may require; and that any copy of such order in council contained in the London Gazette, or purporting to be printed by the Queen's printer, shall, throughout her Majesty's dominions, be received in all legal proceedings as good and sufficient evidence of the making and contents of any such order in council.

quired by the said herein-before firstly-recited act to be given in certain cases to her Majesty in respect of ships carrying more than 50 passengers shall include and be a security, not: only for the matters and payments in the said act mentioned, but also for the faithful observ ance of the provisions as well of the said hereinbefore secondly-recited act as of this act, and of any rules and regulations to be prescribed by any such order in council as aforesaid, and further for the due payment by the master of any such vessel of all penalties which he may be adjudged to pay under or by virtue of the said herein-before secondly-recited act or of this act.

11. Surgeon or master to exact obedience to rules and regulations. That in every British ship it shall be lawful for the surgeon, or, in ships not having a surgeon on board, for the master of any such ship, to exact obedience to all such rules and regulations as aforesaid, under the penalties next hereinafter provided. 16. Duties of emigration officer may be per12. Penalty for refusing to observe rules and formed by his assistant. That all powers and regulations. That any person on board such duties given to or imposed upon the emigration ship who shall neglect or refuse to obey any officer herein-before mentioned may be exersuch rule or regulation, or who shall obstruct cised and performed respectively by his assistthe master or surgeon of such ship in the exe- ant in his absence, or, at ports where there. cution of any duty imposed upon him by such shall be no such emigration officer, by the rule or regulation, shall be liable to the pay-officer of the customs whose duty it may be to ment of a penalty not exceeding 21. sterling; grant a clearance of such ship. and it shall be lawful for the justices of the peace in any part of her Majesty's dominions, before whom any person shall be convicted of such obstruction or resistance as aforesaid, to order such person, in addition to the penalty herein before mentioned, to be confined in the common gaol for any period not exceeding one month.

17. Interpretation of act. That in the inter-. pretation of this act the term " passenger shall be held not to include the class of passengers commonly known by the name of cabin passengers; and the term "ship" shall include every description of sea-going vessel; and the term "master" shall include any person being in command of such vessel for the 13. Colonial Land and Emigration Commis- time being; and that, unless there be some sioners to prepare an abstract of acts and thing in the subject matter or context repugorders in council.-Such abstract to be posted nant to such construction, every word importup in each ship.-Penalty on master for neglecting the singular number or the masculine genand on person defacing abstract. That the said der only shall be construed to include several Colonial Land and Emigration Commissioners persons, matters, or things, as well as one pershall from time to time prepare such abstract son, matter, or thing, and females as well as as they may think proper of the whole or part males respectively.

of this and of the said recited acts, and of any 18. Exemption of ships carrying less than order in council to be made as aforesaid; and one passenger to 25 tons. In certain actions as that six copies of the said abstract, together to ships carrying passengers, burden of proof to

1

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New Statutes.-Attorneys Certificate Duty Superior and Inferior Courts.

lie on defendant. That nothing in this act con profession; the one, however, might have tained shall apply to any ship in which the been exposed to the charge of personal in number of passengers shall not bear to the reterest, and the other, to a breach of that gistered tonnage a greater proportion than that of one passenger to every 25 tons Provided etiquette which seems to have tied the also, that if in any actions prosecution, or other tongues. of our most eloquent advocates, legal proceeding under this act any question whenever the interests of the larger branch shall arise whether any ship carrying passen have come into question. gers on any such voyage as aforesaid did or did Again, many bankers, merchants, or ma not carry a greater number of passengers than nufacturers might have readily been induced aforesaid in proportion to the tonnage thereof, to undertake a task so palpably founded in the burden of proving that the number of pas justice; but it was well worth a few weeks' sengers so carried in proportion to the tonnage delay to secure the important sanction of of the ship was not greater than that of one the noble representative for the metropolitan person to every 25 tons shall lie upon the pere son against whom any such action, prosecution, county, and a member of one of the highest or other legal proceeding may be brought; families in the kingdom. Those who have and, failing such proof, it shall, for any such been carping at the supposed slow progress purpose as aforesaid, be taken and adjudged of the parties entrusted with the prepara that the number of passengers so carried. did exceed that proportion:

19. Short title of act.-That in all proceed

ings it shall be sufficient to cite this act by the title of "The North American Passengers Act."

tion of the bill, and who, (whilst professing that has been taken, will probably now adfriendly support,) have censured every step mit that they have been in error, and that the wisest course has after all been adopted.

20. Continuance of act. And be it enacted, That this act shall remain in force for the SUPERIOR AND INFERIOR COURTS. period of one year from the passing thereof, and from thence to the end of the then next session of parliament.

To the Editor of the Legal Observer. SIR,-In your observations on "the Palace

ATTORNEYS' CERTIFICATE DUTY. Court," in your number of the 12th February,

DURING the course of the last week several further petitions for the Repeal of this Impost have been presented to parliament. Amongst others, from the large body of solicitors at Liverpool. Also, from the following places.~~

Abergavenny.
Ashby-de-la-Zouch..

Burnley.

Christchurch.

Crowle.

Great Torrington.
Luton and Dunstable.
Southampton.
Wellington, Salop.
Worthing.

The number of petitions is now 217; and the signatures of the country petitions amount to 2,711.

you state that the Attorney-General has inti mated an intention of proposing some remedy for the monopoly of the four barristers and six attorneys of that court, but that the difficulty was the compensation to which they were en titled. And in the leading article of your fol lowing number, on the "Fees and Salaries in the County Courts," you tell us that it is more than insinuated that the new judges are over worked. And you do yourself more than insinuate therein that the salary of 1,2007. is not sufficient.

Now, I take leave to remind you of my sug gestions for cheapening the proceedings of did me the favour to insert in your number of small actions in the superior courts, which you the 27th of November last, the principle where of is in accordance with what you have yourself The names of Mr. Cardwell and Mr. often earnestly advocated, and which I humbly Willcox have to, be added to the list of conceive would cure almost all complaints, members who have presented petitions. without disturbing either the Palace Court or We understand that Lord Robert Gros- the County Courts, as they would operate as a venor has very cordially accepted the charge affair; because, by carrying out my suge kind of equitable adjustment of the whole of the bill for the Repeal of the Duty, and gestions, the costs of small actions in the su will move for leave to bring it in as early perior courts would nearly correspond with as the state of public business will permit. those in the new courts, and by restoring the We congratulate the promoters of the late jurisdiction of the former, or making that measure on having obtained the support of of the latter concurrent, instead of exclusive as so distinguished a member as his lordship at present, the country would be saved the cost on their behalf... The selection has been of compensation to the Palace Court, as well very judiciously made. It would probably have been easy, some time ago, to have obtained the assistance of some member of the house belonging to either branch of the

officers of the County Courts, (which you seem as the additional salaries to the judges and to consider necessary,) without materially di minishing the business of those courts,-which doubtless will always have sufficient occupa