the

All persons interested are entitled to attend at such day, hour, and place, to offer objections to such call.

1848, and of

the

company.

I [X.Y.,] the Master of the High Court of Chancery charged with the winding-up of this company, do peremptorily order, that a call of [one pound] per share be made on all the contributories of this company [or as the case may be] and I do peremptorily order each contributory, on the day of o'clock in the forenoon, at [my chambers in Southampton Buildings, Chancery Lane, London,] to pay to the official manager of this company the balance, if any, which will be due from him, after debiting his account in the company's books with such call.

at

16. Order for issues. day of

[Wednesday] the

18 •

In the matter of [&c. as before.] I [X.Y.,] the Master of the High Court of Chancery charged with the winding up of this company, being desirous of having the following questions of fact decided by a jury; namely, first, whether, &c. second, whether, &c. do order as follows; (that is to say,) I order that a writ of summons be issued out of Her Majesty's court of at Westminster by [A.B.] against [C.D.,] pursuant to the provisions of the statute in that case made and provided; and I do order that the parties proceed to a trial under the said writ of summons at the next assizes for and I do order that [A.B.] be the affirmant in the first of the said issues, and that [C.D.] be the affirmant in the second of the said issues; and I do order that the said issues be tried at the next assizes at and that [A.B.] be at liberty, if he shall think fit to examine [E.F.,] one of the company, as a witness upon the trial of the said issues; and I do order that [E.F.] do attend and be examined accordingly, upon receiving notice that [A.B.] intends to avail himself of the liberty hereby given; and I do order that [A B.] and [C.D.,] and the official manager of the company, produce at the trial of the said issues, for all necessary purposes, as [A.B.] or [C.D.] shall respectively require, all the documents relating to [the affairs of the said company] in their respective possession or power; and both parties are to admit upon the trial of such issues that such documents as shall be produced by the said official manager are the documents of the said company.

contributories of the said

criminal Justice.

CAP. XLVI.

An Act for the removal of defects in the administration of [14th August, 1848.] Sec. 1. Accessories before the fact to any Felony may be punished in the same degree as the Principal.

2. Trial and conviction of Accessories after the fact. 3. As to additions of counts in Indictments for stealing and receiving stolen property.

4. Courts of Oyer and Terminer may cause Indictments to be amended.

5. Not to extend to Scotland.

6. Act may be amended, &c. 'Whereas the technical strictness of criminal proceedings 'might be further relaxed, without depriving the accused of any just means of defence: and whereas, it is expedient to make further provision for the more effectual prosecu'tion of accessories before and after the fact to felony: and

case in treason, and in all misdemeanours:' be it enacted, that from and after the passing of this act, if any person shall become an accessory before the fact to any felony, whether the same be a felony at common law, or by virtue of any statute or statutes made or to be made, such person may be indicted, tried, convicted, and punished in all respects as if he were a principle felon.

2. And whereas, an accessory after the fact to felony can at present be tried only along with the principal felon, For after the principal felon has been convicted, which is 'sometimes productive of a failure of justice:' be it enacted, that from and after the passing of this act, if any person shall become an accessory after the fact to any felony, whether the same be a felony at common law or by virtue of any statute or statutes made or to be made, he may be indicted and convicted either as an accessory after the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, and may thereupon be punished in like manner as any accessory after the fact to the same felony if convicted as an accessory may be punished; and the offence of such person may be inquired of, tried, determined and punished by any court which shall have jurisdiction to try the princi pal felon in the same manner as if the act by reason of which such person shall have become an accessory had been committed at the same place as the principal felony: provided always, that no person who shall be once duly tried for any such offence, whether as an accessory after the fact or as for a substantive felony, shall be liable to be again indicted or tried for the same offence.

་

3. And whereas, according to the present practice of courts of criminal jurisdiction, it is not permitted in an 'indictment for stealing property to add a count for receiv 'ing the same property knowing it to have been stolen, or in an indictment for receiving stolen property knowing it 'to have been stolen to add a count for stealing the same 'property, and justice is hereby often defeated;' be it enacted, that from and after the passing of this act, in every indictment for feloniously stealing property, it shall be lawful to add a count for feloniously receiving the same property, knowing it to have been stolen, and in any indict. ment for feloniously receiving property knowing it to have been stolen, it shall be lawful to add a count for feloniously stealing the same property; and where any such indictment shall have been found against any person, the prosecutor shall not be put to his election, but it shall be lawful for the jury who shall try the same to find a verdict of guilty, either of stealing the property or of receiving it, knowing it to have been stolen; and if such indictment shall have been

found against two or more persons, it shall be lawful for the jury who shall try the same to find all or any of the said persons guilty either of stealing the property or of receiving it knowing it to have been stolen, or to find one or more of the said persons guilty of stealing the property, and the other or others of them guilty of receiving it knowing it to have been stolen.

4 And whereas a failure of justice frequently takes place in criminal trials, by reason of variances between writings produced in evidence, and the recital or setting forth thereof in the indictment or information, and the same can'not now be amended at the trial, except in cases of mis'demeanour' for remedy thereof, be it enacted, that it shall and may be lawful for any court of Oyer and Terminer and general gaol delivery, if such court shall see fit to cause the indictment or information, when at variance or vari ances shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof in the indictment or information to be forthwith amended in such particular or particulars by some officer of the court, and after such amendment the trial shall proceed in the same manner in all respects, both with regard to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance or variances had appeared.

6. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parlia

ment.

CAP. XLVII.

such applicants, being destitute persons, by an order of admission into the workhouse of the union, if there be room, by conveying such destitute poor person thereto, or by affording such temporary relief in food, lodging, medicine, or medical attendance until the next ordinary meeting of the board

the nature and cost of the relief so afforded, in such form and manner as the poor law commissioners shall prescribe, and after such report shall give no further relief othewise than by direction of the board of guardians, and the guardians shall furnish the relieving officer with funds for afford

ral Division in which the same shall be situate. 3. Notice how to be given.

4. Persons becoming destitute by being dispossessed, may apply to Relieving Officer, who shall provide shelter, &c. Relief not to be given after one month, except under acts for relief of destitute

poor.

7. The unroofing, &c., of dwellings for the purpose of "expelling the occupier, a misdemeanour.

8. Provisions of Act to apply to Estates, and possessions of the Crown in Ireland, &c.

9. Interpretation of Act. 10. Act may be amended, &c.

'Whereas it is expedient to regulate the time of executing 'process for taking possession of land, and to provide for 'the better relief of the destitute poor evicted from their 'dwellings in Ireland:' be it enacted, that from and after the passing of this act, no writ of habere facias possessionem, decree, order, or other process for the delivering up or taking possession of land in Ireland, shall be executed on any Christmas day or Good Friday, nor on any day within two hours next before sunset, and before sunrise, or six o'clock in the morning, whichever shall be latest.

2. That not less than forty-eight hours before any such writ, decree, order, or process, as aforesaid, for delivering up or taking possession of land on which there shall be any inhabited dwelling-house, or building used as a dwellinghouse, shall be executed in any county in Ireland, the landowner, or other person by whom such writ, decree, order, or other process as aforesaid, shall have been sued out or his agent shall give notice in writing to the relieving officer of the electoral division in which such land shall be situate, and such notice shall set forth the parish or barony, electoral division, and townland in which the land of which possession is so to be delivered up or taken is situate.

3. That every notice to be given to any relieving officer under this act shall be given by delivering the same to such relieving officer, or by leaving the same, directed to such relieving officer, at his dwelling-house or office, or by letter sent by the post directed to the relieving officer at such dwelling-house or office; and in case the same shall be so sent by the post, such notice shall be delivered directed, open and in duplicate, to the postmaster of any post office, and the postmaster shall compare the notice and the duplicate, and on being satisfied that they are alike, shall forward one of them to its address by post, and shall return the other to the party bringing the same, stamped with the stamp of the said post office; and such postmaster shall be entitled to have and receive from the person delivering such letter, the rate of postage, and the sum of sixpence; and such stamped duplicate shall be evidence of the notice having been given on the day on which such notice would in the ordinary course of post have been delivered at such dwelling house or office of the relieving officer.

4. That it shall be lawful for persons who shall become destitute by reason of their being dispossessed of any dwelling house, by or under such writ, decree, order, or other process, to apply for relief to the relieving officer of the electoral division in which the said land or house shall be situate; and such relieving officer shall, on the receipt of

afforded, except in the manner by which such poor persons could be relieved under the acts now in force for the relief

of the destitute poor in Ireland.

5. That in case there shall be upon any land of which possession is to be delivered up or taken under such writ, decree, order, or process as aforesaid, any inhabited dwelling house, or building used as a dwelling house, the occupier of which shall not have received notice for the determination of his tenancy, or shall not have been served with notice of the action, civil bill, or other proceeding in which such writ, decree, order, or process shall have been sued out, such occupier shall be served with notice in writing of the intention to execute such writ, decree, order, or process, not less than seven days before the same shall be executed, and such notice may be served by delivering the same to such occupier, or by leaving such notice at such dwelling house, or other building, or affixing the same to some conspicuous part of such dwelling house or other building: provided, that it shall not be necessary to name in such notice the occupier to or for whom such notice shall be delivered, left or affixed, or to serve any such notice on any occupier who shall have become such occupier less than twenty-one days before the execution of such writ, decree, order, or other process. 6. That in case the landlord or person by whom such writ, decree, order, or other process shall have been sued out shall neglect to serve the notice required by this act to be served on the relieving officer, he shall forfeit the sum of twenty pounds to the guardians of the union in which the land shall be situate; and such sum may be recovered by civil bill, and shall be applied in aid of the rates of the electoral division in which such land shall be situate, and in case such landlord shall be resident out of Ireland, may be recovered from him by action at law; and the service of process in such action on the attorney or agent by whom such writ, &c. may have been sued out shall be good service on such landlord or other person as aforesaid.

7. That whosoever, with intent to dispossess any person dwelling in a house, (whether such person shall be so dwelling under a continuing tenancy, or holding over, or otherwise,) shall pull down, demolish, or unroof, in whole or in part such dwelling house or building used as a dwelling house, whilst such person or any of his family shall be within the same, shall be guilty of a misdemeanour.

8. That all the provisions in this act contained shall apply and shall be construed to apply to all the estates of the Crown in Ireland, and to all proceedings taken on behalf of her Majesty, under the authority of the Lords Commissioners of the Treasury, or the Commissioners of Woods and Forests, or the Clerk of the Quit Rents, for recovering the possession of any part of such crown estates, whether by writ of intrusion, ejectment, or otherwise, in as full and ample a manner and subject to all the enactments herein contained in respect to all private parties recovering the possession of lands not being the property of the Crown.

9. That in the construction of this act, words import

ing the singular number shall extend to and include the plural, and words importing the masculine gender shall include females as well as males.

10. That this act may be amended or repealed in the present session of parliament.

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OUR columns of this week contain the names of several members of the bar who have been promoted to the dignity of Queen's counsel, and we believe a still further addition will be made to the Inner Bar in a few days.

In

Death has, within the last year, taken from that body one of its most distinguished members, one whose loss the public and the profession have equally had cause to mourn. By his death the Equity Bar of Ireland has been deprived of one of its brightest ornaments, and of one of the most conscientious advocates that ever lived. the largest practice in this country, he was yet never unprepared; his manner, generally quiet, was always impressive; respectful to the court, but firm in the discharge of his duty to his client. Good-natured and encouraging to his juniorsaffable and accessible to his clients, he closed a long, laborious, and spotless career without, it is true, having ever attained office, but leaving to his successors a bright example of personal industry and political integrity.

Promotions have likewise taken place, and created vacancies amongst her Majesty's counsel, but the present and contemplated accession much more than counterbalances the number of the departed or promoted. We are far from using one disparaging word towards any one of those to whom patronage has been, or is about to be, extended; on the contrary, we congratulate them sincerely on their elevation, and we have no doubt that the most judicious selection has been made of those best adapted to the change of business which should follow their new position at the bar, having regard both to professional standing, ability, and the necessity for leaders, which unquestionably existed on two, and perhaps three of the CircuitsLeinster, Connaught, and North West.

Court of Exchequer

Chamber......

Queen's Bench, including Civil Bill and Registry Appeals.........

JOHN BLACKHAM, Esq., and
A. HICKEY, Esq., Barristers-at-
Law.

FLORENCE MCARTHY, Esq., and
SAMUEL V. PEET, Esq.,
Barristers-at-Law.

Exchequer of Pleas, in- (CHAS. H. HEMPHILL, Esq., and

cluding Manor Court WILLIAM HICKSON, Esq., Barand Registry Appeals. risters-at-Law.

Common Pleas ........... {ROBERT GRIFFIN, Esq., Barris

What, we candidly confess, we dread as the result of this large inundation is this, lest Queen's counsel, becoming too numerous as advocates, should break through the line of demarcation which has existed from usage and time immemorial, and, whilst retaining the robe of silk, should undertake, or rather accept, that class of business which has always been considered as properly belonging to members of the Outer Bar.

The dignity and position of King's counsel, though not so ancient as that of Serjeant, is still of very respectable origin and antiquity.

These

The first King's counsel under the degree of Sergeant was Sir Francis Bacon, who was made so honoris causâ, without either patent or fee; 90, the first of the modern order, who are now the sworn servants of the Crown, with a standing salary, (which, however, amounts only, we believe, to about 40s. a-year, and is, of course, never demanded,) seems to have been Sir Francis North, afterwards Lord Keeper to Charles II.* Counsel must not be employed against the Crown, without special license, but which is never refused, and costs about £9. A custom now prevails, of granting letters patent of precedence to such barristers as the Crown thinks proper to honour with that mark of distinction, whereby they are entitled to such rank and precedence as are assigned in their respective patents, sometimes next after the King's Attorney-General, but usually next after his Majesty's Counsel. These receive no salaries, and are therefore at liberty to be retained against the Crown. The late Mr. O'Connell, for example, having been for very many years a member of the Outer Bar, was at length called to the Inner, with a patent of precedence. In England, the preaudience of counsel, to use the technical phrase, was anciently established thus:

1. The King's Premier Sergeant, 2. The King's Ancient Sergeant,

See his life by Roger North, p. 37.

3. The King's Advocate-general, 4. Attorney-General,

5. Solicitor-General, 6. King's Sergeants, 7. King's Counsel.

However, George IV., either at the request of the Attorney-General for the time being, or from his own ideas of propriety, altered the order of precedency so far as relates to the Attorney and Solicitor-General, as appears from the following directions to Lord Eldon in the year 1814:-" Whereas our Attorney and Solicitor-General now have place and audience in our courts next after the two ancientest of our Sergeants-at-law for the time being, and before our other Sergeants-at-law. We, considering the weighty and important affairs in which our Attorney and Solicitor-General are employed, do direct that the Attornies and Solicitors-General of us, our heirs and successors, shall have place and audience as well before the said two ancientest of our Sergeants-at-law, as also before every other person who is now one of our Sergeants-at-law, or shall hereafter be one of the Sergeants-at-law of us, our heirs and successors; and we do hereby will and require you not only to cause this our direction to be observed in our Court of Chancery, but also to signify to the judges of all our other Courts at Westminster, that it is our express pleasure that the same course be observed in all our said Courts."

The Attorney and Solicitor-General occupy the first and second places at the Irish Bar; next in precedence come the three Queen's Sergeants; our Court of Common Pleas, unlike that in England, being open to all barristers; next come the Queen's Counsel, taking precedence among themselves by seniority; the two first classes are always chosen from the latter, who are themselves called from amongst those whom success has distinguished from the crowd of the outer Bar-prohibited, except when licensed, from being employed against the Crown, and by seniority and position from undertaking junior business; the old etiquette of the profession, whilst it entitled them to larger fees, precluded them from taking the very lowest.

So far as Court business is concerned, the province of the two classes of lawyers is well defined, and the present members of the Bench have at all times shewn the utmost willingness to guard and preserve the privileges of the outer Bar; nor does this arise from their desire to favour one section of the profession more than another, but from public grounds, seeing that it is important that there should be a succession of able and intelligent men trained to the science and practice of the law, who may be ready to fill vacancies which death, promotion, or other causes may occasion in the inner Bar. A certain class of business has been exclusively assigned to stuff gownsmen, at once to test their qualifications and discipline them for those weightier matters of the law which they may hereafter be called on to conduct. In England, also, the Judges have exercised the utmost liberality, and allow costs to be taxed for a junior in every motion in which it is proper to engage a senior; for example, to take a bill pro confesso. In that country the rule is also firmly established, and it is

1

the rule here likewise, though it has unfortunately in a few instances been departed from, that a Queen's Counsel should never settle pleadings which had not previously been prepared by junior counsel. If there be any doubt about this rule, there should be a Bar resolution either to rescind or confirm it. So long as it exists-as unquestionably it does-there should be no violation of it; it is an honourable compact which exists amongst the members of the profession. It originally was not established, but it sprang up from the paucity of the numbers of King's Counsel, who were so occu pied as advocates, as to spurn the drudgery of drafting. It would be but just also to those highminded members of the inner Bar, who-though knowing that the old usage has been violated by others have scorned to infringe it themselves, that some fixed rule should be established; it would be just also to the profession, that it might hereafter be known that a silk gown would cease to be the honourable distinction of the comparatively few men who had gained the summits of the professional tree, or were prepared to relinquish in favour of their successors those emoluments which smoothed their own earlier difficulties, and that henceforward the position of one of her Majesty's counsel demanded no sacrifice of business, and required no qualification except that of professional standing.

ACCORDING to the statute law of this country there is at present no act in force which renders it illegal for a clergyman directly to charge his benefice during his own incumbency. Without pausing to inquire whether it would not be salutary to place the law in this respect on the same footing as it is in England, we have been led, by a recent decision in the Court of Queen's Bench, to consider some of the peculiarities connected with the indirect jurisdiction of courts of law over ecclesiastical livings; for benefices-though protected from their direct operation-are by indirect means brought within their jurisdiction, and the priority among the different classes of incumbrancers, is dissimilar to that existing in all cases where charges are made available against freehold property in the hands of laymen.

The priority of judgment creditors ranks not from the lodging of the writ with the registrar of the bishop, and directing him to issue sequestration thereon, but from its publication. Lodging of the writ, without subsequent publication, is of no effect in charging the benefice. (Waite v. Bishop, 1 Cr. Mee. & R. 518). In the same case it is settled that the effect of the sequestration is not retrospective. The title of the sequestration creditor does not accrue till the sequestration is published. There fore-as between judgment creditors-the law is on the same footing, with respect to a freehold interest, as it is in all other cases with respect to a chattel, the priority ranking, not from the priority of the judgment, but from the date of publication, which is thus made analogous to an execution lodged with the sheriff.

With regard to annuitants, it is settled in the case of Wise v. Beresford, (5 I. E. R. p. 407,) that a party claiming under an annuity charged on a