A BILL INTITULED AN ACT FOR THE FURTHEr amend- Be it enacted by the Queen's most excellent Ma- 1. The parties to any cause may, by consent in writing, signed by them or their attorneys, as the case may be, leave the decision of any issue of fact to the court, provided that the court, upon a rule to show cause or a judge on summons shall, in their or his discretion, think fit to allow such trial; or provided the judges of the Superior Courts of Law at Westminster shall, in pursuance of the power herein-after given to them, make any general rule or order dispensing with such allowance, either in all cases, or in any particular class or classes of cases to be defined in such rule or order; and such issues of fact may thereupon be tried and determined, and damages assessed, where necessary, in open court, either in Term or vacation, by any judge who might otherwise have presided at the trial thereof by jury, either with or without the assistance of any other judge or judges of the same court, or included in the same commission at the Assizes; and the verdict of such judge or judges shall be of the same effect as the verdict of a jury, save that it shall not be questioned upon the ground of being against the weight of evidence; and the proceedings upon and after such trial, as to the power of the court or judge, the evidence, and otherwise, shall be the same as in the case of trial by jury. on their behalf respectively before such judge; and the trial of every cause which shall be so had by virtue of this Act shall, if necessary, be entered of record, as having been had before the judge by whom such cause in fact was tried. 3. If it be made appear, at any time before trial, to the satisfaction of the court or a judge, upon the application of either party, that the matter in dispute consists wholly or in part of matters of mere account which cannot conveniently be tried in the ordinary way, it shall be lawful for such court or judge, upon such application, if they or he think fit, to order that such matter, either wholly or in part, be referred to an arbitrator appointed by the parties, or to an officer of the court, or, in country causes, to the judge of any county court, upon such terms as to costs and otherwise as such court or judge shall think reasonable; and the award or certificate of such referee shall have the same ef fect as the finding of a jury upon the matter referred. 4. If it shall appear to the court or a judge that the allowance or disallowance of any particular item or items in such account depends upon a question of law fit to be decided by the court, or upon a question of fact fit to be decided by a jury, or by a judge upon the consent of both parties as hereinbefore provided, it shall be lawful for such court or judge to direct a case to be stated, or an issue or issues to be tried; and the decision of the court upon such case, and the finding of the jury or judge upon such issue or issues, shall be taken and acted upon by the arbitrator as conclusive. 5. It shall be lawful for the referee, upon any reference under this Act, if he shall think fit, to state his award, as to the whole or any part thereof, in the form of a special case for the opinion of the court, and to award that judgment be entered according to the opinion of the court. 6. If, upon the trial of any issue of fact by a judge under this Act, it shall appear to the judge that the questions arising thereon involve matter of account which cannot conveniently be tried before him, it shall be lawful for him, at his discretion, 2. It shall be lawful for any one of the judges to order that such matter of account be referred to of of the Superior Courts at Westminster, at an arbitrator appointed by the parties, or to an any the request of the Lord Chief Justice, or Lord officer of the court, or, in country causes, to a Chief Baron, to try the causes entered for trial at judge of any county court, upon such terms as to Nisi Prius in Westminster aud London in either of costs, and otherwise, as such judge shall think the courts, on the same days on which the said reasonable; and the award or certificate of such Lord Chief Justice or Lord Chief Baron, or any referee shall have the same effect as herein-before other judge of the same court, shall be sitting to provided as to the award or certificate of a referee try causes at those places respectively, or at either before trial; and it shall be competent for the of them, so that the trial of two causes may be pro-judge to proceed to try and dispose of any other ceeded with at the same time; and all jurors, witnesses and other persons who may have been summoned or required to attend at or for the trial of any cause before the said Lord Chief Justice or Lord Chief Baron, as the case may be, shall give their attendance at and for the trial thereof before such other judge as may be sitting to try the same by virtue of this Act; and it shall be lawful for the associates and other officers of the Lord Chief Justice or Lord Chief Baron, as the case may be, to appoint from time to time fit and proper persons, to be approved by the said Lord Chief Jus tice or Lord Chief Baron, to attend for them and matters in question, not referred, in like manner as if no reference had been made. 7. The proceedings upon any arbitration under this Act shall, except otherwise directed hereby or by the order of reference, be conducted in like manner, and subject to the same rules and enactments, as to the power of the arbitrator, the attendance of witnesses, the production of documents, enforcing or setting aside the award, and otherwise, as upon a reference made by consent under a rule of court or judge's order. 8. In any case where reference shall be made to arbitration under this Act, the court or a judge shall have power at any time, and from time to time, to remit the matters referred, or any or either of them, to the re-consideration and re-determination of the said arbitrator, upon such terms as to costs and otherwise, as to the said court or judge may seem proper. be supplied, and the parties or arbitrators respectively do not appoint a new one; then in every such instance any party may serve the remaining parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator respectively; and if within seven clear days after such notice shall have been served no arbitrator, umpire, or third arbitrator be ap 9. All applications to set aside any award made under this Act shall and may be made within the first seven days of the term next following the pub-pointed, it shall be lawful for any judge of any of lication of the award, whether made in vacation or term; and if no such application is made, or if no rule is granted thereon, or if any rule granted thereon is afterwards discharged, such award shall be final between the parties. 10. Any award made under this Act may, by authority of a judge, on such terms as to him may seem reasonable, be enforced at any time after seven days from the time of publication, notwithstanding that the time for moving to set it aside has not elapsed. 11. Whenever the parties to any deed or instrument in writing to be hereafter made or executed, or any of them, shall agree that any then existing or future differences between them or any of them shall be referred to arbitration, and any one or more of the parties so agreeing, or any person or persons claiming through or under him or them, shall nevertheless commence any action at law against the other party or parties, or any of them, or against any person or persons claiming through or under him or them in respect of the matters so agreed to be referred or any of them, it shall be lawful for the court or a judge, on application by the defendant or defendants or any of them, after appearance and before plea, upon being satisfied that no sufficient reason exists why such matters cannot be or ought not to be referred to arbitration according to such agreement as aforesaid, and that the defendant was at the time of the bringing of such action and still is ready and willing to join and concur in all acts necessary and proper for causing such matters so to be decided by arbitration, to make a rule or order staying all proceedings in such action, on such terms as to costs and otherwise as to such court or judge may seem fit: provided always, that any such rule or order may at any time afterwards be discharged or varied as justice may require. 12. If in any case of arbitration the document authorising the reference, provided that the reference shall be to a single arbitrator, and all the parties do not, after differences have arisen, concur in the appointment of an arbitrator; or if any appointed arbitrator refuse to act, or become incapable of acting, or die, and the terms of such document do not show that it was intended that such vacancy should not be supplied, and the parties do not concur in appointing a new one; or if, where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator, such parties or arbitrators do not appoint an umpire or third arbitrator; or if any appointed umpire or third arbitrator refuse to act, or become incapable of acting, or die, and the terms of the document authorizing the reference do not show that it was intended that such a vacancy should not the Superior Courts at Westminster, upon summons to be taken out by the party having served such notice as aforesaid, to appoint an arbitrator, umpire, or third arbitrator, as the case may be, and such arbitrator, umpire, and third arbitrator respec⚫ tively shall have the like power to act in the reference and make an award as if he had been appointed by consent of all parties. 13. Every agreement or submission to arbitration, whether by deed or instrument in writing, not under seal, may be made a rule of any one of the Superior Courts of Law or Equity at Westminster, on the application of any party thereto, unless such agreement or submission contain words puporting that the parties intend that it should not be made a rule of court; and if in any such agreement or submission it is provided that the same shall or may be made a rule of one in particular of such superior courts, it may be made a rule of that court only; and if when there is no such provision a case be stated in the award for the opinion of one of the superior courts, and such court be specified in the award, and the document authorizing the reference have not, before the publication of the award to the parties, been made a rule of court, such document may be made a rule only of the court specified in the award; and when in any case the document authorizing the reference is or has been made a rule or order of any one of such superior courts, no other of such courts shall have any jurisdiction to entertain any motion respecting the arbitration or award. 14. The value on which the rating or assessment to qualify householders to serve on juries in any county shall hereafter be taken shall be not less than thirty pounds. 15. In every county, except London and Middlesex, the jurors summoned by the sheriffs under the precepts issued by the Judges of Assize for the trial of all issues, whether civil or criminal, shall be hereafter chosen indiscriminately from the class of persons qualified to serve as special jurors, and from the class of persons qualified to serve as common jurors; and the panel of common jurors shall be made up in like manner; but nothing herein contained shall affect the right to try by special jury. 16. The sheriff or under sheriff shall from time to time register, according to the present practice, the services of the persons who shall be summoned and shall attend to serve as jurors under this Act, and also the time of their services; and every person so summoned under this Act, and having duly attended or served until discharged by the court, shall (upon application by him made to such sheriff or under sheriff before he shall depart from the place of trial) receive a certificate testifying such his service, which certificate the sheriff or under sheriff is hereby required to give on payment of one shilling; and such certificate shall have the same force and effect, as to exempting such person from serving again upon common juries within certain periods, and as to the respective periods of exemption, as the certificate heretofore given to common jurors who have served before the Judges of Assize. time, if ten or eleven of the said jury shall agree, the verdict of such ten or eleven shall be taken, and shall have the same force and effect as if found unanimously by the whole of the said jury; and if ten or eleven cannot agree, the said jury shall be discharged, and an entry of the fact of such discharge shall be made upon the back of the record; and the costs of such abortive trial shall be costs in the cause. 17. If, upon any trial of any civil cause, the jury are unable to agree upon a verdict, they shall not 18. When any jury has been so discharged, it be kept in deliberation for a period of more than shall be competent for either of the parties to protwelve hours, unless, at the expiration of that pe- ceed to try the cause, by consent, at the same sitriod, they unanimously desire further time; and tings or assizes, or, if there be no such consent, they may during such time be furnished with fit-then at any future sittings or assizes, in the same ting accommodation and necessary refreshment by manner as if the abortive trial had not taken place. leave of the judge; and at the expiration of such (To be continued.) All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Name and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications-nor will the Editor be accountable for the return of Manuscripts, &c. Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COLLEGE GREEN, or by letter (post-paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication, ..... ...... 10, 8, ...... ...... 8, ...... Bond & Thompson. B. T. Ottley. G. Minchin. Hardman and Miller. F. Burne. T. G. Henry. TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 178. Quarterly, 98. Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45 COLLEGE OREEN, in same Parish, by EDWARD JOHNSTON FLEET-STREET, in the Parish of St. Andrew, and published at 15 MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, June 24, 1854. DUBLIN, JULY 1, 1854. Practice-Changing the incurred by the pertinacity of eleven obstinate men holding out against the opinion of one pliable juror, We observe that the 17th section of the English and thereby necessitating a fresh trial, notwithCommon Law Amendment Bill, which appeared in standing it being apparent that, provided the litiour Miscellaneous columns last week, (p. 180,) has, gants were able to hold out, a verdict in accordance after considerable discussion, passed through the with the views of the majority would, at last, ensue. Committee of the House of Commons. This pro- The proposed change is really, when we reflect on vision seeks to introduce an innovation in our present it, a very moderate one, inasmuch as the unanimity mode of jury trial in civil causes, which at first sight of the twelve cannot be got rid of until such a time seems startling. It proposes that the jury shall not has elapsed for deliberation, as is rarely, in modern be kept in deliberation for more than twelve hours, practice, required of the jury, prior to their discharge. and that at the expiration of that time, the unani- Formerly, indeed, a jury unable to agree were carted mous verdict of ten of the jury shall bind the rest. to the verge of the county, but, in our more polished It was strenuously objected to the passing of this age, a protestation on the part of the foreman, after clause, that it would tend to sap the foundations of the lapse of a few hours, as to the total impossibitrial by jury. We should deeply deplore any such lity of an agreement, usually induces the parties to effect; and did we consider that such would be the the suit to consent to their discharge. When a result, we should deprecate the measure; but such cause is referred to arbitration, the award of two a result does not appear to us to be at all probable. out of three is usually conclusive. The proposed It has ever been found that where a particular in-enactment, on the other hand, will require at least stitution, when rigidly enforced, works mischief, the course, most likely to favour the enemies of that institution, is for its advocates to set their faces against all change. The defects of the system are thus at length regarded as simply inherent, and to be got rid of only by its total destruction. A timely concession is frequently very judicious. Now it cannot be denied that much loss has been repeatedly five to one in favour of the winner. Whether the same principle should be applied to criminal cases we do not at present require to consider. We are not aware whether any such plan is contemplated. At all events, even assuming that the principle is identical as applied to either case, which we do not at all admit, the relative necessity for a change in the law is very dissimilar. A BILL ject matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement. 25. A witness may be cross-examined as to preduced into writing, relative to the subject matter of the cause without such writing being shown to 19. Upon the trial of any cause the addresses to him; but if it is intended to contradict such witness the jury shall be regulated as follows: the party by the writing, his attention must, before such who begins, or his counsel, shall be allowed, in the contradictory proof can be given, be called to those event of his opponent not announcing at the close parts of the writing which are to be used for the of the case of the party who begins his intention to purpose of so contradicting him: provided always, adduce evidence, to address the jury a second time that it shall be competent for the judge, at any at the close of such case, for the purpose of sum-time during the trial, to require the production of ming up the evidence; and the party on the other side, or his counsel, shall be allowed to open the case, and also to sum up the evidence (if any); and the right to reply shall be the same as at present. 20. It shall be lawful for the court or judge, at the trial of any cause, where they or he may deem it right for the purposes of justice, to order an adjournment for such time, and subject to such terms and conditions as to costs, and otherwise, as they or he may think fit. INTITULED AN ACT FOR THE FURTHER AMEND- [NOTE. The words and Clauses printed in Italics are vious statements made by him in writing, or re- the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he shall think fit. 26. A witness in any cause may be questioned as to whether he has been convicted of any felony or misdemeanor, and, upon being so questioned, if he either denies the fact, or refuses to answer, it shall be lawful for the opposite party to prove such conviction, and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the court, or 21. If any person called as a witness shall refuse from alleged conscientious motives to be sworn, it shall be lawful for the court or judge or other pre-other officer having the custody of the records of siding officer, upon being satisfied of the sincerity of such objection, to permit such witness, instead of being sworn, to make his or her solemu affirmation or declaration in the words following; videlicit, 'I, A. B. do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful, and I do also solemnly, sincerely, and truly affirm and declare,' &c. Which solemn affirmation and declaration shall be of the same force and effect as if such person had taken an oath in the usual form. the court where the offender was convicted, or by the deputy of such clerk or officer, (for which certificate a fee of five shillings and no more shall be demanded or taken,) shall, upon proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same. 27. It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite ; and such instrument may be proved by admission, or otherwise, as if there had been no attesting witness thereto. 22. If any person making such solemn affirmation or declaration shall wilfully, falsely, and corruptly affirm and declare any matter or thing, which, if 28. Comparison of a disputed writing with any the same had been sworn in the usual form, would writing proved to the satisfaction of the judge to have amounted to wilful and corrupt perjury, every be genuine shall be permitted to be made by witsuch person so offending shall incur the same penal-nesses; and such writings, and the evidence of ties as by the laws and statutes of this kingdom are or may be enacted or provided against persons convicted of wilful and corrupt perjury. 23. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the judge prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not be has made such statement. witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness, or otherwise, of the writing in dispute. 29. Upon the production of any document as evidence at the trial of any cause, it shall be the duty of the officer of the court whose duty it is to read such document to call the attention of the judge to any omission or insufficiency of the stamp; and the document, if unstamped, or not sufficiently stamped, shall not be received in evidence until the whole or (as the case may be) the deficiency of the stamp duty, and the penalty required by statute, together with the additional penalty of one pound, shall have been paid. 30. Such officer of the court shall, upon payment 24. If a witness upon cross-examination as to a to him of the whole or (as the case may be) of the former statement made by him relative to the sub-deficiency of the stamp duty payable upon or in re |