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or repealed, shall, be construed to extend to such leases as said act provided for the holding of such sessions, be conare hereby authorized.

vened by the secretary of the Grand Jury by notice, to be 2. That it shall be lawful for any trustee, or feoffee, for holden in the county court house, for the purposes of the

charitable or other purposes or feme coverte or infant, said act and this act, at the time specified, not being sooner

any freehold estate in any such mines, or of any estate than seven days from the time of posting such notice, do therein (other than a lease at rack rent), created for a term later than six weeks after the first special sessions held af. of years not exceeding fifty years, or determinable upon the ter the pasing of this act for any barony, for the purposes fall of any life or lives, or upon the execution of any trusts of the said act and this act. mentioned in any deed creating such term, and also for any 3. That any sessions holden under the said act and this trustee of any such estate in the actual possession of such act may be continued from day to day, or be adjourned, mines, or the rents and profits thereof, on behalf of their as shall be found expedient: provided, that within thirty days respective cestuique trusts or such feme coverte or infant from the termination of such adjourned or continued ses. as aforesaid, to make any lease of the same, and of lands sions, the adjournd sessions for the opening of tenders and contiguous thereto, as in the said acts specified, for any proposals, as in the said act mentioned. term of years not exceeding forty-one years, upon like con. 4. That the said recited act and this act shall be construed ditions as herein-before provided as to the leases hereby together as one act. authorized.

5. That this Act may be amended or repealed by any act 3. That it shall be lawful for any of the said respective to be passed in this present session of parliament. persons herein-before mentioned, to accept a surrender or

CAP. XVIII. surrenders of any existnig lease made under the authority

An Act to remove certain doubts as to the law for the trial of the said recited acts, and to make and grant a lease of

of controverted Elections.

[5th May, 1848.] the same mines under the provisions of this act. 4. That this act may be amended or repealed in this pre

CAP. XIX. sent session of Parliament,

An Act to indemnify such persons in the United kingdom as

have omitted to qualify themselves for offices and employ. Cap. XIV.

ments, and to extend the time limited for those purposes An Act for authorizing a Borough Police Superannuation

respectively until the twenty-fifth day of March one thou. Fund.

[22d April, 1848.]

sand eight hundred and forty-nine. CAP. XV.

[9th June, 1848.] An Act for the Regulation of Her Majesty's Royal Marine

CAP. XX. Forces while on shore.

[220 April, 1848.]

An Act to authorize for one year, and to the end of the then Cap. XVI.

next session of parliament, the removal of aliens from the An Act for raising the sum of seventeen millions nine hun realm.

[9th June, 1848.] dred and forty-six thousand five hundred pounds by

Cap. XXI. Exchequer bills, for the service of the year one thousand

An Act to consolidate and amend the laws relating to ineight hundred and forty-eight. [22ndApril, 1848.]

solvent debtors in India,

[9th June, 1848.] Cap. XVII.

Cap. XXII. An act to amend the act of the present session to facilitate

An Act for granting Relief to the Island of Tobago, and the completion of public works in Ireland.

for aiding the Colonies of British Guiana and Trinidad, [22nd April 1848.]

in raising money for the promotion of Immigration of free Sec. 1. Proceedings which under the recited Act might be Labourers.

[9th June, 1848.) done at the Spring Assizes, may be done in like

Cap. XXIII. manner at the Summer Assizes of this year. An Act to alter and amend an Act passed in the third year 2. Time for holding Presentment Sessions for the

of the reign of His Majesty King George the to th, inCounty extended.

situled An Act to incorporate the Contributors for the 3. As to Adjournment of Sessions held under recited

Erection of a National Monument in Scotland to comme. Act and this Act. 4. Recited Act and this construed as one.

morate the Naval and Military Victories obtained during the late War.

[9th June, 1848.] 5. Act may be amended, &c.

CAP. XXIV. •Whereas by an act passed in the present session to facili- An Act for disfranchising the Freemen of the Borough of tate the completion, in certain cases, of public works in Ire

Great Yarmouth.

[30th June, 1848.] • land, returns are directed to be made at the ensuing spring • assizes, and under the said act and the acts incorporated An Act to extend the powers given by former acts for pur:

CAP. XXV. 'therewith certain presentments are to be made at the same 'assizes : And it is expedient that the time for proceedings

chasing or hiring Land in connexion with or for the use under the said act be extended.' Be it enacted that the

of Workhouses in Ireland ; and for providing for tho returns, special sessions, presentments, and proceedings

Burial of the Poor.

[30th June, 1848.] which, under the said recited act, should be made, held, or Sec. 1. Boards of Guardians may memorialize Commissiontaken previous to or at the spring assizes, 1848, may be

ers to purchase or hire additional Land, who may made, held, and taken at the summer assizes of the same

with consent of Lord Lieutenant purchase or hire year, notwithstanding any special sessions or proceedings

the same ; not to exceed 25 statute acres. that may have been held or taken under the said act ; and 2. So much of recited act 10 & 11 Vict. c. 31, as er that the provisions of the said act shall apply to the said

tends certain provisions as to Schools in the North sunimer assizes, and to any grand jury empannelled thereat,

and South Dublin Unions to other parts of Ireand to the returns, presentments, &c. made thereat, or pre

land repealed; and other provisions enacted in viously or subsequently thereto, as fully as to the said spring

lieu thereaf. assizes, or to any Grand Jury empannelled thereat, or to 3. Boards of Guardians may provide coffins for burial the returns, presentments, matters, and things to be made

of persons who at the time of death were receiving or done thereat, or previously or subsequently thereto.

out-door relief: 2. And whereas it is by the said act enacted, that the 4. Former acts and this act to be construed as one. * secretary of the Grand Jury shall, by notice convene a 5. Act may be amended, gc.

special sessions for the county, to be holden at the time • Whereas by the 1 & 2 Vict. c. 56, power was given to * specified in such notice, not being sooner than seven days " the poor law commissioners to purchase or hire land, not 'from the time of posting, nor later than six weeks after exceeding twelve acres imperial measure, for the purpose 'the first special sessions shall have been held for any of building a workhouse thereon, or to be occupied there. 'barony within such county under the said act ; be it en- • with : and whereas by the 10 & 11 Vict. c. 31, further acted, that such sessions for the county shall, as in the power was given to purchase or hire land not exceeding

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three statute acres, in addition for the site of a fever ward, \'constable and collector for each barony in such county, to or for a cemetery, and it is desirable that the powers of • collect all monies presented; and if any high constable or 'the commissioners to hire or purchase land should be • collector shall die before he shall have collected the whole • extended, that a greater quantity may be cultivated for the of the money presented, or if any vacancy occur, the justi. . employment and instruction of children in an improved sys. ces of the peace at any general quarter sessions, or adjourn• tem of the cultivation of land :' be it therefore enacted, * ment thereof, may appoint another high constable or collecthat the majority of the guardians of any union may me- tor pro tempore until a high constable or collector shall be morialize the commissioners to hire or purchase the quantity appointed by the Grand Jury; and no person shall act as of land necessary and the commissioners may with the high constable or collector unless he shall have given secuapproval of the Lord Lieutenant may hire or purchase the rity as therein mentioned; and the Grand Jury may present quantity of land not exceeding twenty-five statute acres in nine pence in the pound on the amount of the collection to addition to the quantity heretofore authorized by law to be to be paid to such high constable or collector for his trou. used solely for the purposes above stated.

ble therein: and sometimes properly qualified persons could 2. That so much of the 10 & 11 Vict. c. 31, as extends not be duly appointed at the assizes to act as high constato other parts of Ireland provisions relating to the establish- *bles or collectors, a vacancy in the office of high constable ment of schools in the North and South Dublin Unions, or collector may occur in the interval between the general and authorizes the poor law commissioners to combine unions quarter sessions next before the assizes and the first day into school districts be repealed; and the commissioners may of such assizes, whereby the public cess then unpaid cannot combine any two or more Unions for the maintenance and be collected on or before such ensuing assizes, and it is ex. education of children not above the age of fifteen years, in- pedient to enable the Grand Jury to increase the amount mates of the workhouses of such unions; and the provisions of poundage, Be it therefore enacted that in every case in of the said act which relate to the hiring and purchasing of which any Grand Jury shall not have at assizes appointed a land in the North and South Dublin unions, the erection of high constable or collector of cess for each barony, or if any a school there on the cost thereof, the maintenance of the vacancy shall occur after the assizes and before the first enchildren the numbers thereof from each union, the board of suing general quarter sessions, or in the interval between management, the officers for the superintendence thereof, the first general quarter sessions and the first day of the then and all other provisions relating to such school for the use next ensuing assizes, the justices of the peace of the said of the North and South Dublin unions, shall apply to every county, &c. at any general quarter sessions, or in case of a combination of two or more unions under this act.

vacancy between the first general quarter sessions and the 3. That the guardians of any union may provide a coffin first day of the ensuing assizes, then at a special sessions for the burial of any person who at the time of his death called by the clerk of the peace in two days after the written was receiving relief out of the work house, or was at the requisition of the treasurer, at the county or assize towa, time of his death dependent on any person receiving relief, or sessions town, of the division in which such barony is and charge the cost of providing such coffin to the union at situate (giving six days notice thereof to such justices large or electoral division, as the case may be.

resident in such division) may appoint a high constable 4. That the acts now in force for the relief of the desti-l or collector of cess; and such person is to give security tute poor in Ireland and this act shall be construed as one as directed by the said recited act; and in case any per. act, except so far as any one may repeal any previous act. son appointed by the Grand Jury at assizes shall not have

5. That this act may be amended or repealed by any act given the security by the said act required, such person so to be passed in this present session of parliament.

appointed may give security before the justices of the peaco CAP. XXVI.

at the next general or quarter sessions for the division of the An act to remove difficulties in the appointment of collectors county in which such barony is situate; or in default thereof

of Grand Jury cess in Ireland in certain cases, and to such justices may appoint some other high constable or col. remove doubts as to the jurisdiction of the divisional lector in lieu of the person so appointed by the Grand Jury; justices of the police district of Dublin metropolis relat- and the person so appointed may give security before such ing to the recovery of poor rates, and other cases.

justices as if the same were given at the assizes; and all the

[30th June 1848.] provisions of the said recited act, or any act amending same, Sec. 1. Whenever a Grand Jury at the Assizes shall not apply to any high constable or collector of cess appointed

or relating to any high constables or collectors of cess, shall have appointed Collectors of Cess for each barony under this act. gc., or when the persons appointed shall not have given Security at the Assizes, the Quarter Ses constable or collector, his personal representatives shall,

2. That if any vacancy occur by the death of the high sions may appoint Collectors, or take the Security. previous to such general or special sessions, deliver to the 2. Personal Representatives of deceased High Consta- treasurer of the county the warrants issued to said collector,

ble of Collector to deliver last warrants to the with all applotments made of the sums specified in said warTreasurer of the County, together with the Ap- rant; and the deputies are required to attend at such sessions,

plotments made. 3. When Monies collected have been duly paid over by by them, specifying the sum paid by each person named in

and deliver to the said justices accounts of the sums received personal representative, Grand Jury may allow such applotments, and the sum due, and by whom; and each Poundage on the amount to such personal Repre- deputy shall shall make an affidavit before the said justices,

sentative. 4. Grand Jury may present increased poundage where (who are authorized to take the same) of the truth of such difficulties occur in the collection.

accounts, which accounts and affidavits the justices shall 5. Bonds &c. deemed good against Sureties as well as

transmit to the Treasurer of the county; and in case any against High Constables or Collectors.

such personal representative, or any such deputy shall neg6. The Divisional Justices of Dublin to have like Ju- money received by them, or refuse to make the affidavit, by

lect to deliver over said warrants and applotments, and any risdiction relating to the recovery of Poor rates as other Justices of the County. Such Justices to

this act they shall forfeit the sum of fifty pounds, to be rehave power to act at their respective Offices in covered, in the name of the Treasurer of the county, by civil all cases as Justices at Petty Sessions.

bill, before the assistant barrister of such county, for the

use of such county. 7. Powers for the recovery of Grand Jury Cess in Dublin.

3. That such personal representatives paying the sum 8. Divisional Justices in Dublin to have the same

collected, into the county Bank on or before the first day of Powers to collect Grand Jury cess as other Justices surer's certificate of such sum having been paid, the Grand

the next assizes, and producing to the Grand Jury the Treain Ireland. 9. Act may be amended, gc,

Jury without application to presentment sessions, may pre

sent poundage on the amount so paid, to be paid to such Whereas by the 6 & 7 W. 4, c. 116, the Grand Jury of personal representatives. * each county in Ireland shall at each assizes appoint a high 4. • And whereas in certain baronies there is now conPrinted by THOMAS ISAAC WHITE, at his Printing Office, Na lá, Mr. Worrall, Postmaster-Clonmel.

DA

6

• siderable difficulty in the collection of the public money, MYTH AND DU BEDAT, STOCK AND SHARE

and nine-pence in the pound has been found not sufficient "remuneration for collecting same;' be it therefore enacted,

DON for providing security for the fidelity of parties in situations of trust

where sureties are required; also Agents to the LIVERPOOL AND that the Grand Jury at any assizes after the passing of this LONDON FIRE AND LIFE ASSURANCE COMPANY. act, and before the end of 1849, may without application to

Fire Insurances transferred to this Company withrut expense,

The Lite Department offers advantages hitherto unknown. presentment sessions, present a sum not exceeding one shil- For Prospectuses, &c. apply to ling in the pound, to be paid to any such high constable or

SMYTH AND DU BEDAT, Commercial Buildings, Dublin,

N.B.-The purchase and sale of Stock and Shares negotiated with fade. collector.

lity and despatch. 5. That any bond and warrant of attorney to confess judgment of any high constable or collector, and any judy

12mo, price 2s.6d.-by Post, 38. meut entered up on same, shall be valid, whether given ai | A TREATISE ON THE LAW OF INTERPLEADER, the assizes before the Grand Jury by whom he shall have with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Format been appointed, or before the justices of the peace at any

Affidavits, Rules, Orders, and the Record on a Feigned Issue. By Joes

BLACKHAM, Esq., Barrister-at-Law. general quarter sessions, or special sessions, and whether

8vo. price liis.-free by Post. such high constable or collector shall have been appointed A PRACTICAL TREATISE ON PLEADING BY BILL in the by the Grand Jury at any assizes, or at any quarter sessions, COURTS OF EQUITY IN IRELAND; adapted to the General Orders

.

By ALFRED MʻFARLAND, Esq., Barrister-at. Law. or adjournment, and shall have subsequently qualified and EDWARD J. MILLIKEN, 15, COLLEGE GREEN. given security at a subsequent quarter sessions, or adjourn.

This day is published, price 3s. by post 38. 6d. ment, or at special sessions.

AW OF DEBTOR AND CREDITOR IN IRELAND. 6. “And whereas by the 6 and 7, W. 4.

116, every

The new Act for the abolitition of arrest for sums under ten pounds, 'person duly authorized to collect Grand Jury cess, in de. and for the recovery of the possession of small tenements before Justices fault of payment may prefer a complaint to any justice of of the peace, with a full commentary, Index, notes and forms, adapted for

the professional and trading classes 'the peace of the county in which such party may reside ;

By William GERNON Esq., Barrister-at-law. 'who may summon such party, and direct payment to such

Dublin: EDWARD J. MILLIKEN. Law Bookseller and Pub’isher,

15, College.green. collector, or issue his warrant for the levy of the sum due, * by distress and sale of the goods of the party complained * against. . And whereas by the 1 & 2 Vict. c. 56. For the GUITA PERCHA, from its perfectly Waterproof quali.

ties, great durability, and non-conducting properties, I recommend relief of the destitute poor in Ireland, every rate made un- 10 all anxious for dry and warın feet. All the objections to, and preje, der the anthority of the said act, may be sued for and re

dices against Gutta Percha, having arisen from clumsy workmanship, I

undertake to have the Soles put on, that they shall adhere firmly till das covered by the same means as the Grand Jury cess; and pletely worn through. • whereas by the 6 & 7 Vict. c. 92., for the further amend

MANLY THACKER, 80, DAME STREET. "ment of said act, the collector may prefer a complaint to 'any Justice of the peace of the county in which any les. CORK AND DOUBLE SOLED FRENCH BOOTS. •sor resides, who may summon such lessor before him in New French Trowsers, and Vesting materials, best West of England

cloths, with a beautiful assortment of Irish Frieze, which he has bad ex. (To be continued.)

pressly manufactured in black, claret, and Oxford, for riding, walking and Over Coats, fc.

JOHN WATSON, in announcing the arrival of his new goods for the TO ATTORNEYS, SOLICITORS, &c.

present Season, respectfully invites those gentlemen who have not hitberto

tried him, to visit this department of his Establishment, now replete with EW PAPER MART, 17, DAME STREET, DUBLIN, a magnificent assortment of the above goods, and which he has rendered (One House from Andrews' Tea Establishment.)

complete by the engagement of Cutters of the greatest experience. CHARLES HELY respectfully invites the attention of the members of

50, UPPER SACKVILLE-STREET. the Legal Profession to his present very extensive stock of Stationery,

Elegantly Cut Shirts ; Cravats, Gloves, &c. feeling assured that no other house in this city (no matter what their ex. tent or pretentions may be) can offer them the same advantages,

per Quire, per Ream. IRISH MANUFACTURE INDIAN RUBBER BLACK Briefing Post,

ING, Manufactured by RICHARD KELLY, Boot Maker, 16, COL

6s, 3d. Fine Blue-wove,

5d. 88. Od.

LEQE.GREEN, Dublin.
Do.
Glazed,

6d.

It makes the Leather son, pliant and even Waterproof, sold by the

98. Od. Chancery Cost Paper,

10d. 148, Od.

Bootmakers and Grocers through the City, in Bottles at 4d, 8d, and Is, each Best English Foolscup, water.lined (36 lines)lid. 16s, Od.

N.B. --Country Shopkeepers treated with on the most Liberal Terms Attested Copy Paper,

Portobello, March 31st. Pott Paper,

: 27d. 38. 6d.

Sir,
Do.
Glazed, :

3d, 5s. 3d.

"I have examined your Indian Rubber Blacking, and find it made of Note Paper, la. 18, 60, those materials which are most proper for such

a composition. It has some Superfine Creamlaid Glazed do.

2d. 39. 30. advantages in use not possessed by similar articles of manufacture; it is Letter Paper from

2 d. 38. Od. susceptible of a very high polish, it does not soil, and its permanent effect Superfine Cream-laid 'Glazed do.

4d. 6s. 3d, on the leather is of a beneficial character. Envelopes 2fd. per 100; large do. 3jd. per 100.

" THOMAS ANTISELL, Fine Commercial Envelopes, 5d. per 101, 4s. per 1000.

“ Mr. Kelly, College-green.

Lecturer on Chemistry." Rest Blue.wove Official Envelopes, full thick, Is. 6d. per 100. Bletterpress, Copper.plate, and Lithographic PRINTING, exe. cutient with promptitude and at one-half the price usually charged ty TBOWSERS ISThe numerous testimonials received by

style of his Trowsers, and likewise the very flattering patronage bestowed ASSURANCE

on him by the higher classes of society, induces him to apprise his petroos,

SOCIETY. and those gentlemen who have not hitherto honored him with their orders FIRE. LIFE. ANNUITIES.

that he has secured the services of a few of the most experienced Parisian Cornbill and Baker Street, London, COLLEGE GREEN, DUBLIN; workmen for the winter season. J. O'D's practical knowledge as a Trow. and Esplanade, Hamburgh,

sers Cutter having been fully tested in the first houses of the British me Instituued A.D. 1714.

tropolis, he is therefore fully qualified to produce an article in this departe William Nottidge, Esq., Chairman,

ment of Tailoring, that cannot be excelled in London or Paris, Nicholas Charrington, Esq., Deputy Chairman,

JAMES O'DRISCOLL, Professed Trowsers Maker, LIFE.

9, ANGLESEA.STREET. By the plan of the Union Society the profits are calculated upon the sum insured, and not upon the amount of premiums paid, thus giving a most important advantage to young and middle ages; and for advanced lives All communications for the IRISH JURIST are to be left, addressed the Tables of the Union offer the immediate benefit of lower rates of to the Editor, with the Pablisher, E. J. MILLIKEN, 15, COLLEGE Premium. All new ass urances participate. The premiums are also GREEN. Correspondents will please give the name and Address, as the much reduced on Insurances effected without profits. Detailed Pro. columns of the paper cannot be occupied with answers to Anonymous spectuses of the extended system of Life Insurances (in one case requiring Communications-nor will the Editor be accountable for the return of payment of only two-thirds of the premium) may be bad gratis. 'Loans Manuscripts, &c. granted on the policies of this office. THOMAS LEWIS, Secretary.

Orders for the IRISH JURIST left with E. J. MILLIKEN, !, COL

LEGE GREEN, or by letier (post paid), will ensure its punctual delivery Agents for Ireland. JOHN GOLD, Stock Broker, 17, COLLEGE-GREEN, Dublin.

in Dublin, or its being forwarded to the Country, by Post, on the day of EXHAM and KIFT, 68, Eccles-street.

publication.
Doctor GRAVES, Medical Examiner.

TERMS OF SUBSCRIPTION-(payable in advance):
Wm. Simms, Esq., Linen Hall-Belfast.
Dr. Wm. Burden-Medical Examiner.

Yearly, 30s. Half-yearly, 178

Quarterly, 9s.
Exham and Son, South Mall-Cork,
Forest Reid, Esq., Solicitor-Londonderry.

FLEET-STREET, in the Parish of St Andrew, and published at 15 An Engine and body of Firemen are in constant readiness to at.

COLLEGE OREEN, in same Parish, by EDWARD JOHNSTON tend fires, at the company's Engine house, No. 10,Crown.alley, rear of the MILLIKEN, residing at the same place,

all being in the County of the Commercial Buildings,

City of Dublin. Saturday, November 25th, 1818.

NEW

.

do.

Is,

.

UNION

Irish Jurist

No. 5.–Vol. I.
DECEMBER 2, 1848.

PRvc {Single Number, Da.

10s The Names of the Gentlemen who favour The Irish Jurist with Reports in the several Courts of

Law and Equity in Ireland, are as follows :

ROBERT W. OSBORNE, Esq., Court of Chancery, inand

Court of Exchequer S JOHN BLACKHAM, Esq., and cluding Bankruptcy John Pitt Kennedy, Esq., Bar

Chamber .......

A. HICKEY, Esq., Barristers-at

Law. Appeals....... risters-at-Law.

Queen's Bench, includ. (John T. Bagot, Esq., and WILLIAM BURKE, Esq., and ing Civil Bill and Re- FLORENCE M'Carthy, Esq., Bolis Court...............

WILLIAM JOHN DUNDAS, Esq., 'gistry Appeals......... Barristers-at-Law.
Barristers-at-Law.

Exchequer of Pleas, in: SCHAS. H. HEMPHILL, Esq., and
CHARLES HARE HEMPHILL, Esq.

William , ., and Equity Exchequer .....

and Registry Appeals. risters-at-Law.'
William Hickson, Esq., Bar-
risters-at Law.

Common Pleas...........

{ ROBERT LONG, Esq., Barrister

in error.

plea, which embodied the statement on which the DUBLIN, DECEMBER 2, 1848.

previous motion to postpone the trial had been grounded. To this plea the Crown demurred, and

judgment was given in its favour. Without expressing any opinion of our own, we Before stating the substance of the enactments think it due to the importance of the questions upon the construction of which the decision of the involved, the interest excited by them, and the con- point at issue depends, it is necessary to premise spicuous ability with which they were urged, to lay that the indictment in each case contains six counts before our readers a brief statement of the errors almost similarly worded, that the five first counts assigned, and arguments used, in the cases of charge the prisoners with the treason of levying war William Smith O`Brien and others v. the Queen against the Queen, and that the sixth count charges

the treason to be a compassing of the Queen's Several errors were assigned by each of the death, and alleges, as one of the overt acts in supprisoners as appearing on the records of their re port of such charge, a conspiracy to put the Queen spective convictions for high treason, at the late to death. Special Commission for Clonmel, all of which were The statutes applicable to this branch of the elaborately argued in the course of last week before 'case are three ; first, the 36 Geo. 3, c. 7, ss. 1 & 5, the Court of Queen's Bench sitting in Banc. In ' (English); secondly, the 57 Geo. 3, c. 6, s. 1; this present article we shall confine our observations thirdly, the 11 Vic. c. 12, ss. 1 & 2. to a statement of the question involved in one

he " The first section of the 36th Geo

. 3, c. 7, enacts, only (apparently the most important) of the alleged among other matters, that “if any person shall

, errors, namely, the one conversant with what is during the life of his Majesty, the then king, commonly kndwn as the “ ten day point.”

and until the end of the next session of parliaThe question (stripped of all collateral consider- ment after a demise of the crown, compass the ations respecting the applicability of a plea to the death of the king, his heirs or successors

, and such state of facts in the case, or the form of the parti- compassing shall express, utter, or declare, by pubcular plea which raises the question,) is ; whether lishing any printing or writing, or by any overt act the prisoners were entitled to be furnished with a or deed, every such person, upon conviction, shall

of the indictment, a list of the witnesses for be adjudged a traitor, and suffer death, and lose the crown, and of the names of the jurors ten days and forfeit as in cases of high treason.”

The Crown asserts the negative, the fifth section provides, “that every, person ve question was raised in the following manner. clared treason by this act, shall be entitled to the below to plead guilty or not guilly, their counsel best of the inet of the 7th of Anne, chap. 11." Here and that the indictment, the list of the witnesses wmo:pain the file or me, chap

. 11, sec. 11, enacts, for the crown, and of the jurors' names, bad not “ that when any person is furnished ten day s previously. The Crown successfully resisted this application, whereupon the pri- the jury, mentioning the names, profession, and

at the trial, for proving the said indictment, and of

And

before the trial.
the prisoners the affirmative.

the crown,

also given, at the same time that the copy of the Geo. 3, were, by the said last mentioned act exindictment is given to the party indicted, and that tended to Ireland, and that it was expedient to copies of the indictment, for all the offences afore- repeal all such of the provisions so made perpesaid, with such lists shall be delivered to the party tual, as did not relate to offences, against the per. indicted ten days before the trial, and in the pre- son of the sovereign, and to extend to Ireland, such sence of two or more credible witnesses.”

of the provisions of the said acts as are not thereby The first section of the 57th Geo. 3d. c. 6, after repealed, enacts, “ that from the passing of this reciting the first section of the said 36th Geo. 3, act, the provisions of the said act of the 36th Geo. and further reciting, that “it is necessary and ex- 3, made perpetual by the act of the 57th of the pedient that such of the provisions of the said act, same reign, aud all the provisions of the said last (viz. 36th Geo. 3), as would expire at the end of mentioned act in relation thereto, save such of the the next session of parliament, after the demise of same respectively, as relate to the compassing or

should be further continued and made imagining the death or destruction of the heirs and perpetual,” enacts, “ that all and every the herein successors of His said Majesty, King Geo. 3, and before recited provisions which relate to the heirs the expressing, uttering, or declaring of such comand successors of His Majesty shall be perpetual.” passing or imaginings, shall be, and the same are

One important question which arose in the hereby repealed:” and the second section enacts, course of the argument was, to what extent the last “that such of the said recited provisions made stated enactment perpetuated the 36th Geo. 3. The perpetual by the said act of the 57th of Geo. 3, as counsel for the Crown insisted that the first sec- are not thereby repealed, shall extend to, and be tion of that act, namely—the section which made or in force, in that part of the united kingdom called declared what should be deemed treason within Ireland.” its provisions—was alone thereby perpetuated, and Such being the enactment confessedly applicable that the fifth section of that act, namely—the one to Ireland, the counsel for the crown contended, which conferred the privilege on the accused, pre- that only such part of the first section of the 36th vious to trial,—was unaffected, and they rested their Geo. 3, as we have previously stated in full

, was view of the case upon the words in the 1st section by the 2nd section of the Ilih Vic. extended to of the 57th Geo. 3, “ hereinbefore recited provi- Ireland, and therefore, that the prisoners were sions." The counsel for the prisoners on the not entitled to the benefits conferred by the fifth other hand contended, that the first section of the section of the 36th Geo. 3 upon the accused. On 57th Geo. 3 not only perpetuated the first, but also the other hand, the counsel for the prisoners the fifth section of the 36th Geo. 3, and they rested contended that the said second section of the 11th their arguments, not only on the words of the Vic. extended to this country not only the first first section of the 57th Geo. 3, which recited, that but also the fifth section of the 36th Geo. 3, that " it was expedient to perpetuate such of the pro- the said second section of the 11th Vic. extended visions of the act of 36th Geo. 3, as would expire “such of the said recited provisions made perpetual at the end of the next session of parliament, after by the 57th Geo. 3;" that the provisions recited the demise of the crown,” (under which description, were “such of the provisions of the 36th Geo. 3, both the first and fifth sections were included, and made perpetual by the 57th Geo. 3,” as related to thereby as they contended, brought expressly the compassing the Queen's death, that upon referwithin the words “ hereinbefore recited provisions” ence to the 57th Geo. 3, it appears that “ such of used in the enacting part of the first section of the the provisions of the 36th Geo. 3, were thereby 57th Geo. 3,) but also they contended that even if the made perpetual, as would expire after the first enacting part of the first section of the 57th Geo. 3, session of parliament following a demise of the did not, in express terms, extend to the fifth section crown;" and, that upon reference to the 36th Geo. of the 36th Geo. 3, it did so by implication : for 3, it appears that the provisions which would so that in perpetuating the section, which made, or expire were the first section declaratory of treason, declared what should be treason, it also necessarily and the fifth section regulating the mode of trial perpetuated the section which regulated the mode for the treason so declared. of trial of that treason, as an incident or accessary The foregoing is a brief epitome of the arguthereto.

ments upon one of the many points raised and The provisions of the several statues hitherto de- discussed. It refers indeed to only one view of the tailed were (as contended for by the crown, and but statutes we have above quoted. A different view faintly denied by the prisoners' counsel, at their from that presented was taken by some of the passing, inapplicable to Ireland, and we now pro- counsel on both sides, grounded upon the allegation ceed to the consideration of the third statute men- that all but the first section of the 57th Geo. 3 tioned above, namely, the 11th Vic. c. 12, com- extended to this country.

We shall on a future monly called the Crown and government security occasion state the arguments upon the form of the act, which, according to the argument for the plea—upon the question whether the subject matter prisoners, extended to Ireland those provisions of the plea was at all pleadable—and upon the contained in the first and fifth sections of the 36th effect of the verdict of acquittal upon the sixth Geo. 3, which we have previously set out in full. count, as well as on some of the other grounds The first section of the Ilth Vic. after reciting the of error relied on. first section of the said act of the 36th Geo. 3, and the first section of the said act of the 57th Geo. 3, and that doubts were entertained, whether the pro- We give elsewhere the only two decisions yet made visions made perpetual by the said act of the 57th on the act for the sale of incumbered estates. We

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