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until such money can be so laid out, it may, under Exchequer in Ireland, or the Court of Chancery in such order as aforesaid, be transferred or paid England, in the matter of the parties interested in over to trustees, to be appointed or approved by trust to attend the order of such Court, and may the commissioners, for the purpose of being so laid declare the trusts affecting same so far as ascer out as aforesaid, with such power for the invest- tained by them, or the facts found by them in te ment thereof in Government Stock funds or secur- lation thereto ; and the Court of Chancery, Chan ities in the meantime, and such directions for the cellor, and Master of the Rolls in England and payment of the income of such investment in the Ireland respectively, and the Conrt of Exchequer manner in which the rents of the land to be pur- in Ireland, may make such order in relation to chased would be applicable, as the comunissioners such money, &c., so transferred, as they might sball think fit.

make in relation to any funds, &c. paid or depo. XXVII. That any money. so paid into bank sited under the 10 & 11 Vic. c. 96, being the act may by order of the commissioners be invested in for the relief of trustees, or the 11 & 12 Vice their name in the purchase of any stock, &c., and 68, for extending said act to Ireland ; and suck the dividends applied under the order of the com- money shall not be liable to usher's poundage. missioners, as the rent of the land or lease from XXXII. Where any lease subject to incan the sale whereof the money invested has arisen, brance shall be sold, the commissioners may, on would have been applicable.

the application of the owner of the reversion, in XXVIII. Whenever the commissioners direct clude in this sale the reversion, upon such terms the appointment of trustees, they may make pro- as they shall see fit, and shall apportion the parvision for the appointment of new trustees. chase-money and expenses, and the assurance may

XXIX. Provided that no payment towards the include the reversion, if the commissioner's think fit. discharge of any incumbrance or charge, not being XXXIII. If any land or lease to be sold shall a payment in full, shall prejudice or affect any be subject to any lease or under-lease for years or right or remedy of the incumbrancer, or the person lives comprising other land at an entire rent, the entitled to the charge in respect of the balance, commissioners may apportion the rent between the otherwise than as against the land or lease or part land to be sold and the remainder ; and where it is thereof sold, and no payment under this act, of or intended to sell part only of any lease, the comin respect of any incumbrance or charge, shall missioners may apportion the rent between the impair any right or equity of any person out of land to be sold and the remainder, and the com. whose estate such payment shall be made, to be missioners shall direct notices to be given of any reimbursed or indemnified by any person, or out of such intended apportionment to such persons as any other land or estate, except so far as the com- they think fit, and may hear parties in relation missioners under any special circumstances shall thereto; and after such apportionment and sale, order.

the owners of the reversion shall have the like reXXX. That the commissioners may pay to any medies for the apportioned rents against the lands person entitled to any charge, not being an incum- out of which same shall be payable, and the owners brancer under this act, who may consent to accept and occupiers thereof as were subsisting for the same, a gross sum in discharge, or by way of re- entire rent before such apportionment, and all the deinption thereof or of a part thereof; and where covenants, conditions, and agreements of every part only of the land or lease is sold, may, with lease or under-lease, except as to the amount of the consent of the incumbrancer or person entitled rent to be paid, shall as regards the apportioned to the charge, charge the part not sold with such parts remain in force in the same manner as if no incumbrance or charge, or an apportioned part apportionment had taken place. thereof, in exoneration of the money arising from XXXIV. Where any person who, if not under the sale, and may authorize persons to release the disability, might have applied, consented, or done money from any incumbrance, or relinquish their any act, or been party to any proceeding under claim on such money in respect thereof, without this act, shall be a minor, idiot, lunatic

, or married impairing or affecting such incumbrance or charge, woman, the guardian, committee of the estate, and as to the remaining part of the land or lease ori- husband respectively of such person may apply

, ginally charged, and the commissioners may invest consent, do such act, or be party to such proceed

. money to meet any annual charge, where by reason ings as such person might have done, and shall of same being contingent or otherwise it shall otherwise represent such person for the purposes seem .proper so to do, and otherwise may make of this act; but a married woman entitled for her such orders for applying the money as will secure separate use, (with or without power of anticipathe convenient application thereof for the benefit tion) shall for the purposes of this act be deemed and according to the rights of the parties interested a feme sole, and where there shall be no guardian in the land or lease or part thereof from the sale or committee of the estate of any idiot or lonatie

, of which the same shall have arisen.

or where any person of unsound mind shall not XXXI. Where any money arising from a sale is have been found idiot or lunatic under an inquisi. not immediately distributable, or the parties enti- tion, the commissioners may appoint a guardian tled thereto cannot be ascertained, or where the for the purposes of this act, and may change such commissioners think it expedient, they may order guardians, and the commissioners may appoint a such money or the securities in which same may next friend of any married woman, and inay change be invested, to be transferred to the account of the such next friend. Accountant-General of the Court of Chancery or XXXV. Proceedings under this act shall not

abate or be suspended by deaths, transmissions, or incumbrancer, to commence any proceedings at change of interest. But in such case the commis-, law or in Equity for redemption, foreclosure, or sioners may, where they see fit, require notices to sale, or to commence, take, continue, or prosecute be given to parties becoming interested, or make any proceeding whatsoever under the act of the any order for discontinuing, suspending, or carry- last session, "to facilitate the sale of incumbered ing on the proceedings, as may appear just. estates in Ireland,” without leave of the com

XXXVI. In every proceeding under this act, missioners. the commissioners shall have full power and dis XXXIX. The commissioners shall not be subject cretion as to the giving and withholding costs and to be restrained in the execution of their powers expenses, and as to the person by whom, and the under this act, nor shall any person be restrained funds out of which the same shall

, in the first in- from making application under this act to the comstance or ultimately, be paid, repaid, and borne, missioners, or doing any other act, or giving any and may apportion same amongst such parties, and consent under this act, by order or injunction of a in respect of interest, rents, or income, and prin Court of Equity; nor shall proceedings before the cipal or corpus, as they shall see fit.

commissioners be removeable by certiorari. XXXVII. Application may be made for a sale, XL. The commissioners may renew, rescind, or and an order made by the commissioners, notwith vary any order made by them, but save as aforestanding any pending proceeding in a Court of said, and as hereafter provided, every order shall Equity in England or Ireland, or any decree of be final, provided that where the commissioners such Court already made for a sale; and where it allow appeal, but not otherwise, appeal against shall be shown to the commissioners that a decree any order may be made to the Privy Council of for a sale has been made by a Court of Equity, the Ireland, within one calendar month from the makCommissioners shall, if they see fit, without furing of the order appealed against, and such appeal ther inquiry, order a sale of the land or lease shall be heard and reported on by members of the decreed to be sold, and where any sale shall be Privy Council, to be appointed by the Lord Lieumade of land or lease, in respect of which there tenant or other Chief Governor of Ireland, to be a shall have been a decree, or any proceedings pend- judicial committee for that purpose, and the order ing in a Court of Equity, in distributing the money of the Privy Council shall be made according to and in their other proceedings, the commissioners the report of such judicial committee, and shall be shall have regard to the proceedings in such Court final. in relation to the priorities and rights of incum XLI. Any person examined before the commis. brances and others; and where a decree has been sioners, or the persons authorized by them, who pronounced, the commissioners may proceed upon shall give false evidence, shall be guilty of perjury. and be guided by the declaration of and the inquiries XLII. In the construction of this act the word and proofs made and taken under such decree in "land" shall extend to manors, advowsons, rectories, relation to such priorities and rights as aforesaid, messuages, lands, tenements, rents, and hereditaand the commissioners shall, out of the money ments of any tenure, whether subject to any feearising from any sale under this act, where there farm or other perpetual rent, with or without conshall have been any such decree or pending pro- dition of re-entry for securing the same or otherwise, ceeding, make such provision for payment of costs or whether corporeal or incorporeal, and every unincurred in Equity as circumstances may require, divided share thereof. And the word “estate” shall or they may order all or any part of the purchase- extend to any estate in Equity as well as at Law, money, after payment of the costs and expenses and to the benefit of any covenant or contract for, payable under the orders of the commissioners, to or right of renewal. And the word “lease” shall inbe paid into the Court of Equity in or under any clude an agreement for a lease, and the estate or suit or decree then pending or made.

interest created or agreed to be created by such XXXVIII. When the commissioners shall order lease or agreement in the whole or any part of the the sale of any land or lease or part thereof, in land therein comprised; and "lease in perpetuity" respect of which a decree shall have been made by shall mean any lease or grant for one or more life a Court of Equity for a sale, or any proceeding or lives, with or without a term of years, or for shall have been pending, they shall by certificate years determinable on one or more life or lives, or under their seal notify to such Court the order, &c., for years absolute with a consent or agreement in made by them, and all proceedings for or in rela- any of such cases, whether in the same or in any tion to a sale under the decree of such Court shall other instrument, for the perpetual renewal of such be stayed, and upon the completion of the sale lease or grant, whether such "lease shall be derived under such order of the commissioners, any re-out of the inheritance or by way of under-lease out ceiver appointed by such Court shall cease to act, of any lease or other estate. And the word “incumwith respect to the land or lease or part sold, and brance” shall mean any legal or equitable mortgage the Court may suspend or stay any other proceed in fee or for any less estate, and also any money ings in such court, in or under any order or decree secured by a trust, or by judgment, decree or order already made by such Court as the Court shall of any superior court of Law or Equity duly registhink fit, and pending any proceedings for a sale tered, and any legacy, portion, lien, or other charge under this act, it shall not be lawful for any whereby a gross sum of money is secured to be paid owner, or any person claiming to be owner within on an event or at a time certain, and also any annual the meaning of this act, or claiming by the act of or periodical charge, which, by the instrument cresuch owner or person, or by act of law, or any ating same or by any other instrument, is made re


purchaseable on payment of a

CHANCERY. gross sum of

money, and also any arrear remaining unpaid of any annual Samuel Ward and others,

Plaintitu? PURSUANT to the Decree in or periodical charge for payment of which a sale Grace Anne Irwin and others,

this Cause, bearing date the

day of December, 1848, I hereby require

Defendants. might be decreed by a court of Equity. And the

all persons having Charger and near

brances affecting that lot or piece of Ground situate on the North lide at word “incumbrancer" shall mean any person entitled College Street, and extending back to the South side of Fleet Street, tad to such incumbrance, or entitled to require payment the property of Henry Ward, late of Shamrock Villa, in the Const or discharge thereof. And the word “possession" | this cause mentioned, to come in before me at my Chambers on the line shall include the receipt of the rents and profits. Quay, in the City of Dublin, on or before the 2nd day of July 1980, on And the word “owner,” as applied to any land, shall be accedere prove the same, otherwise they will be precluded the best in include any person entitled in possession, in fee

Dated this 16th day of May, 1840.

EDWARD LIITON simple, or in tail, or quasi in tail, and any person Charles Gaussen, & Co., Solicitors for the Plaintiffs, entitled in possession for a life or lives, or for a term

72, Éccles Street, Dublin, of years determinable on the dropping of any life or

JUST PUBLISHED, lives, or for a term of years of which not less than

The Fourth Edition, with Side Noten,' &c, of 99 years are unexpired, not being a lessee at a rent; MACAULAY'S HISTORY OF ENGLAND. Vek 1 and also any person entitled in possession as tenant and 11., handsomely bound in cloth, price . by the curtesy whether at Law or in Equity, and EDWARD J. MILLIKEN, Bookseller and Publisher, Is, Calle any person entitled in possession whether in fee, or any lesser estate as aforesaid to the Equity of re

NEW LAW BOOKS. demption in any land, or to the land subject to any CONCISE FORMS OF WILLS: With Practical Notes incumbrance, or a trust for the payment of any in

T. 4th Edition, cumbrance, and any feofees or trustees for chari.


int endedas a First Book for the use of Students in Conrepede table or other purposes entitled in possession; and By JOSHUA WILLIAMS, Esq., of Lincoln's inn, Barrister-, the word “owner," as applied to a lease in perpe

I vol. 8vo. cloth, bds. 16s. tuity or other lease, shall include any person entitled JARMAN and BYTHEWOOD'S CONVEYANCING,

Vol. II.-WILLS. Boards, £1 12s. in possession to the land comprised in such lease for the whole estate created or agreed to be created


administered by the HOUSE OF LORDS. By Sir E. B. SUGDA, by such lease, or for any derivative estate (created

I vol. royal 8vo. £1 Ils. 6d. boards, by settlement on testamentary or other disposition The AWOFHUSBAND AND WIFE. A Treatine thereof) quasi in tail, for life or lives, or for years, upon Roper's Treatise, and comprising Jacobs' Notes and Additions therda. of which not less than 50 years are unexpired, not

By J. E. WRIGHT, Esq. of the Inner Temple, Las, f

royal 8vo. £2 10s boards, being an under-lease at a rent derived out of such A TREATISE ON THE LAW OF LEGACIES: lease, and any person entitled in possession for such

Gray's.inn; and by H. H. WHITE, Esq.,, of the MA whole estate or such derivative estate as aforesaid dle Temple. Fourth Edition. 2 vols, royal 8vo. £3 3s. boardi. to the Equity of redemption in such lease or to such A

TREATISE ON THE LAW OF EVIDENCE, 21 lease subject to any incumbrance on a trust for the

administered in England and Ireland; with Wustrations from the

American and other Foreign Law By JOHN PITI TAYLOR, ERG payment of any incumbrance; and the words “per.

of the Middle Temple, Barrister-at.Law, 2 vols, royal 8ra. son” and “owner” shall extend to bodies politic and A

SELECTION OF LEADING CASES IN Fariga corporate as well as individuals; and “commission - Esg.. of the Inner Temple Law. Third Edition BA!

Branches of the Law, with Notes. By JOHN WILLIAM SMITH ers” shall mean “The Commissioners for Sale of

KEATING Esg, and "JAMES S. WILLES, Esq., of the laner Temple

Barristers at-Law. 2 vols, royal 8vo. £2 12s. Ad. Incumbered Estates in Ireland;” and “Coinmission- EDWARD J. MILLIKEN, Law Bookseller and Publisher, 14, Colet ers of Her Majesty's Treasury” shall mean such

Green, Dublin. commissioners for the time being, or any three of them, or the said Lord High Treasurer for the time


ING, Manufactured by RICHARD KELLY, Boot Maker, K., COL being; and every word in the singular number shall LEOE.GREEN, Dublin,

It makes the Leather soft, pliant, and even Waterprool, solo extend to several persons and things, and the plural Bootmakers and Grocers through the city, in Bottles at 4. de andere shall apply to one person or thing, and the mascu

N.B.--Country Shopkeepers treated with on the most Liberal Teren

Portobello March line gender shall extend to a female.

Sir, XLIII. This act, save so far as the several pro

“ I have examined your Indian Rubber Blacking, and find it mad

those materials which are most proper for such a composition. It has KO visions require, shall only extend to Ireland.

advantages in use not possessed by similar articles of manufacture; susceptible of a very high polish, it does not soil, and its permanente on the leather is of a beneficial character.

* THOMAS ANTISELL Mr. Kelly, College-green.

Lacturer on Cheis." CHANCERY. Richard Garde, Elizabeth Garde,) PURSUANT to the Decree All communications for the IRISH JURIST are to be bet, addressed Widow Gustavus Hamilton,

made in this cause, bearing date to the Editor, with the Pablisher, E J MILLIKEV, 14, COLLIERE Henry Pigott, and others, the 2nd day of March, 1849, I hereby GREEN, Correspondents will please give the Name and Address

, as the Defendants.

require all persons having Charges and columns of the paper cannot be occupied with answers to Anonymis

Incumbrances affecting the Lands and Communications-nor will the Editor be accountable for the retano Premises in the pleadings in this cause mentioned, to come in before me Manuscripts, &c. on or before Thursday the 21st day of June next, and prove their de mands, otherwise they will be precluded the benefit of said decree.

Orders for the IRISH JURIST left with E. J. MILLIKEN, !1, COL Dated this 27th day of April, 1819.

LEGE OREEN, or by letter (post.paid), will ensure its punctual delta

in Dublin, or its being forwarded to the Country, by Post, on the day of

E. LITTON. publication. LUKE DUFF, Solicitor for Plaintiff, 26, Grenville Street, Dublin.

TERMS OF SUBSCRIPTION_(payable in advance): Yearly, 30s. Half-yearly, 178.

Quarterly, 94. JAMES O'DRISCOLL,


FLEET-STREET, in the Parish of St Andrew, and published 9, ANGLESEA.STREET.

MILLIKEN, residing at the same place, all being in the County of the
Cty Dublin. Saturday, May 26, 1840.

Irish Jurist

No. 31.-Vol. I.

JUNE 2, 1849.


SPer Annum, £1 10

Single Number, 9d. 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 :-
Court of Chancery, in-

Court of Exchequer

John BLACKHAM, Esq., and and

A. HICKEY, Esq., Barristers-at. cluding Bankruptcy

John Pitt KENNEDY, Esq., Bar-


Queen's Bench, includ- FLORENCE M Cartus, Esq., and WILLIAM BURKE, Esq., and ing Civil Bill and Re- SAMUEL V. PEET, Esq., Rolls Court....... WILLIAM JOAN DUNDAS, Esq., gistry Appeals..... Barristers-at-Law. Barristers-at-Law.

Exchequer of Pleas, in- ( Chas. H. HEMPHILL, Esq., and CHARLES HARE HEMPHILL, Esq. cluding Manor Court WILLIAM HICKSON, Esq., Barand

risters-at-Law. Equity Eschequer....... William Hickson, Esq., Bar

and Registry Appeals. risters-at Law.

Common Pleas.....

| ROBERT GRIPPIN, Esq. and W. G.

CHAMNEY, Esg. Barristers-at-law. Bankrupt Court...... { Robert Geirrin, Esq. and W.G. Admiralty Court...... { CRAWNE Y, Esq. Barristers-at-law.

ROBERT GRIFFIN, Esq. and W.G. CHAMNEY, Esq. Barristers-at-law,

DUBLIN, JUNE 2, .1849.

such charge, was a conspiracy to put the Queen to death.

It only remains to be considered, whether such

treason did or not range within, and was or not We give elsewhere the opinion of the English judges a treason for which provision was made by that on the errors assigned in the case of William Smith part of the 36 Geo. 3, which was extended to IreO'Brien, and others v. the Queen, and the judgment land by the 11 and 12 Vic. The 36 Geo. 3, of the House of Lords in conformity with that opi- enacts, that “if any person shall, during the life of nion.

his Majesty the then king, and until the end of the There was no decision on the substantial question next session of parliament after a demise of the raised by the prisoners, as to whether the 11 & 12 Crown, compass, imagine, invent, devise, or inVic. extended to Ireland in certain cases of treason, tend death or destruction, or any bodily harm tendthe privileges which persons accused of that crime ing to death or destruction, maim or wounding, im. are entitled to in England, and whether the denial prisonment or restraint of the person of our Soveof those privileges was the subject-matter of a decli- reign Lord the King, bis heirs and successors, and natory plea, the case having been decided, as will such compassings, imaginations, intentions, and debe seen on reference to the report, on the ground, vices shall express, utter, or declare, by publishing that, as the treason, the subject of the sixth count any printing or writing, or by any overt act or deed, of the indictment, did not come within the provi- every such person, upon conviction, shall be sions of the 11 & 12 Vic.--the Treason Felony adjudged a traitor." Act--which extended to Ireland certain of the The 57 Geo. 3 made perpetual the provisions provisions of the English Act, 36 Geo. 3, made which related to the heirs and successors of his perpetual by the 57 Geo. 3, it became unneces- Majesty, and by the 4th section enacted, that any sary to consider whether the plaintiffs in error person indicted for any offence made or declared were entitled to the benefits derived through those to be high treason by this act, shall be entitled to statutes,-namely, a copy of the indictment and the benefit of the 7 W. 3 and the 7 of Anne, a list of the witnesses ten days before the trial. (whereby the list of the witnesses and copy of the We understand, it was assumed in the argument | indictment were to be given ten days before the throughout, that the 6th count of the indictment trial,) save and except in cases of high treason in did fall within the provisions of the acts referred compassing or imagining the death of any heir or to; and the decision consequently turned upon a successor of his Majesty, where the overt act or point that was unarguedone which the counsel for overt acts of such treason, which shall be alleged the prisoners thought too clear for argument, and in the indictment for such offence shall be assassinone on which we are informed the counsel for the ation or killing of any heir or successor of his erown did not mean to rely.

Majesty, or any direct attempt against the life of It will be in the recollection of our readers, that any heir or successor of his Majesty, or any direct the treason charged in the 6th count of the indict- attempt against the person of any heir or successor, ment was a compassing of the Queen's death, and whereby the life of such heir or successor may that one of the overt acts alleged in it in support of suffer bodily harm.

The 11 & 12 Vic., c. 12, after reciting that doubts

We confess, were it not for some passages in were entertained whether the provisions made per- the judgment of the Irish Chief Justice, we should petual by the 57. Geo. 3 extended to Ireland, and have been altogether at a loss to divine why the that it was expedient to repeal all such of the pro- sixth count of the indictment could be supposed to visions so made perpetual, and all the provisions be not within the 36 Geo. 3 or the 57 Geo. 3. of the 57 Geo. 3 in relation thereto, save such of That passage is as follows:the same as relate to offences against the person of “ I now come to consider the position contended the sovereign, enacts, " that from the passing of for by the Crown, and, I think, successfully, that this act, the provisions of the said act of the 36 even though persons indicted under the 11 & 12 Geo. 3, made perpetual by the act of the 57th of Vic. would be entitled to the benefit of the English the same reign, and all the provisions of the said statutes, the plaintiffs here could not be so, the last-mentioned act in relation thereto, save such of indictments not containing any overt acts of personal the same respectively as relate to the compassing or violence. I have already stated that the 36 Gee

. imagining the death or destruction of the heirs and 3, c. 7, appears to me to refer to two distinet successors of his said Majesty, King Geo. 3, and classes of treason, the one having for its object the the expressing, uttering, or declaring of such com- protection of the person of the Sovereign, and the passings or imaginings, shall be and the same are other the preservation of his authority and governhereby repealed;". and by the second section the ment; and I think these two classes are unequiunrepealed provisions are extended to Ireland. vocally recognized and distinguished by the 11 & 12

Was, then, the offence charged in the sixth count-Vic.c. 12, which, after a full recital of all the treasons a compassing to put the Queen to death-an offence made or declared by the 36 Geo. 3, c. 7, sets out within the provisions of the 36 Geo. 3, and was it in the preamble, that its object was to repeal such an offence either made or declared treason by the of the provisions so recited as did not relate to 57 Geo. 3? if it were not such an offence, of offences against the person of the Sovereign. This course the benefits given by those statutes could is a plain declaration, that some of them do and not have been claimed by the prisoners ; or again, some of them do not relate to offences against the if it were an offence within the range of those acts, person of the sovereign. The enactments are in did the saving in the 4th section of the 57 Geo. 3, exact conformity with the preamble. I have, thereexclude the prisoners from the benefits given by fore, come to the conclusion, that though now, as the former part of the section.

before the act, the charge of compassing the death The counsel for the prisoners assumed that it was of the Sovereign might be sustained under the 25 such an offence, and also assumed that a conspir. of Edward 3, by any overt act against her imperial acy to put her Majesty to death was not either authority, as well as against her person ; yet

, that assassination, killing, or any direct attempt against the 11 & 12 Vic. c. 12, was confined to the latter her Majesty's life, so as to come within the saving species of treason, and that as this indictment is in the 4th section of the 57 Geo, 3.

framed, it cannot be considered as founded upon The sixth count of the indictment, as we have its provisions." seen, charged a compassing the Queen's death, Now, with reference to the point, that the inand so fell within the 36 Geo. 3, in terms, “shall dictment does not contain any orert act of personal compass the death of the King, his heirs or suc- violence, the answer would be obvious, that the cessors." The conspiracy to put the Queen to 36 Geo. 3 did not require any particular species of death was charged as an overt act, and so fell overt act, but uses expressly the words, “any overt within the terms of the same statute, "and such act or deed;" and further, even if it did require an compassing shall express, utter, or declare, by overt act of personal violence, a conspiracy to take publishing any printing or writing, or by any overt away the Queen's life was such an overt act

. And act or deed." According to plain, unambiguous on the point, that the statute contemplated two English language, therefore, it would have ap- distinct species of treason, the protection of the peared to us to have been an offence within the person and the preservation of authority admitstatute,and we were anxious to ascertain why it was ting this to be the fact, it would appear to us that held not to range within its provisions. The Eng- the sixth count of the indictment, as appearing on lish Judges content themselves by affirming, “It is the record, did embrace a treason against the enough to say, that the charge in the 6th count is person of her Majesty. To compass the Queen's not for any treason made or declared by that sta- death, by a conspiracy to put her to death, is tute"_i.e., the 57 Geo. 3, which, as we have surely an attempt against her person, and we see before seen, made perpetual the provisions of the nothing in the act to limit its provisions to open 36 Geo. 3.

acts of personal violence. In the next sentence, they state that the 4th sec The Irish Chief Justice, though he relied upon, tion of the 57 Geo. 3 « is limited to treasons made did not rest his judgment on that point merely

, or declared by that act, and the treason which is and the other judges in the Queen's Bench høre the subject of the sixth count was not one of them, did not rely upon it at all. and to which, therefore, it does not apply." We have heard it suggested, that the English

This is the only light that we can extract from Judges may have decided the case on another the opinion, and it is not satisfactory. What were ground; namely, that they may have construed the treasons made or declared ? One was, cer- the word “declared in the 4th section of the tainly, "compassing the death of the King, his 57 Geo. 3 as “newly declared;" and that as the heirs or successors." Where are the words of sixth count was not for a treason newly deexclusion ? where the words of restriction? clared, that statute, as extended to Ireland, was

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