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16. Forgery of License or Ticket, or knowingly uttering a forged License or Ticket, deemed a Misde

meanour.

17. Proprietor to retain the License of Drivers or Conductors employed by him, and produce them in case of Complaint.

18. Magistrates to hear and determine disputes.

19. Agreements between Drivers, &c., and Proprietors to be in Writing.

20. Proceedings with respect to Licences on quitting
Service.

21. Licences may be revoked or suspended by Justices.
22. Penalty on Person acting as Driver, whether li-
censed or not, without Consent of Proprietor.
23. Punishment for furious Driving and wilful Mis-
behaviour.

24. Providing for cases where more Proprietors than

one.

25. Power to mitigate Penalties. 26. Act may be amended.

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'rated instead of such occupier, and such rebate from the rate may be made (not exceeding Ten per Centum) as 'the said justices shall by such minute allow, and subject to 'such further regulations as in the said act contained:' be it enacted, that in any case where the immedidte lessor of any house or tenement may under the said recited act be rated instead of the occupier, if at the time of making any rate the name of such immediate lessor be not accurately known to the persons making the rate it shall be sufficient to describe him therein as the "immediate lessor," with or without any name or further addition; and such rate shall be held to be duly made on him or her by such description, and shall be recoverable from him or her accordingly, notwithstanding any error or defect in his or her name or description, or the entire omission of such name therein.

3. That after the passing of this act the several collectors appointed to receive the police tax or rate under the provisions of the said recited acts or any of them (after such demand made as in the said recited act of the second and third years of her present Majesty's reign mentioned,) in addition to all other modes and powers heretofore provided by any former act or acts, may collect, levy, sue for, and recover the said police tax or rate, or any part of the same from all and every persons and person who now are or is or hereafter shall be liable to pay the same, by all the ways and means, and with the like remedies and powers in case of nonpayment, as the grand jury cess, or the money applotted on the several persons liable to pay the same, may be collected and levied in any county in Ireland; and the divisional justices of the police district of Dublin metropolis or any one of them shall, for the purposes of raising, levying, or enforcing payment of such police tax or rate, have and exercise the same powers, authorities and jurisdiction within the police district of Dublin metropolis as any justice or justices of the peace of any county in Ireland has or have or can or shall lawfully have or exercise within his or their respective county with respect to any grand jury cess to be raised within the same.

Whereas an act was passed in the forty-eight year of the reign of his late Majesty King George the Third, for the more effectual administration of the office of a justice of the peace, and for the more effectual prevention of felonies ·within the district of Dublin metropolis, and the said act was amended by an act passed in the fifth year of the reign of King George the Fourth: and whereas another act was passed in the session of Parliament holden in the sixth and seventh years of the reign of King William the Fourth, whereby a new and more efficient system of police was es'tablished within the limits of the said district and whereas by several acts passed in the first year, and in the sessions of Parliament holden respectively in the first and second, second and third, and third and fourth years of her present 'Majesty's reign, the limits of the said district were altered, and divers enactments made in reference to the said dis⚫trict, and for the more effectual maintenance and regulation ⚫ of the police therein: and whereas by an act of the fifth year of her said Majesty's reign, intituled an act for im4. And whereas by the thirty-seventh year of the reign 'proving the Dublin police, further provisions were made ' of his late Majesty King George the Third, an act for ⚫ relating to the same: and whereas it is expedient to amend amending and reducing into one act of Parliament the laws ' certain of the provisions of the said acts in manner followrelating to hackney and other carriages plying in the city of ing: and whereas an act was passed in the Parliament of Dublin, its suburbs and liberties, and within seven miles Ireland in the thirty-seventh year of the reign of his late thereof, it is, amongst other things, enacted, that the suMajesty King George the Third, intituled an act for amend-perintendent magistrate, from time to time, may alter and

ing and reducing into one act of parliament the laws relat-
ing to hackney and other carriages plying in the city of
Dublin, its suburbs and liberties and within seven miles
⚫ thereof, which act has been amended by several subsequent
acts: and whereas by the said recited acts of the thirty-
'seventh and forty-eight years of the reign of his late Ma-
'jesty King George the Third it is, amongst other things,
'provided, that the superintendent magistrate and divisional
'justices appointed under the said acts respectively shall
* retain and employ certain clerks and other officers, under
'the regulations therein mentioned, and it is expedient to
*amend the said provisions:' be it therefore enacted by the
Queen's most excellent Majesty, by and with the advice and
consent of the Lords spiritual and temporal, and Commons,
in this present Parliament assembled, and by the authority
of the same, that from and after the passing of this act the
power of appointment of all such clerks and officers as afore-
said, and of all other clerks in the police department of the
police district of Dublin metropolis, or in the department
relating to such hackney or other carriages as aforesaid, or
to the receipt of rents, fines, penalties, or monies in respect
of the same, shall be vested in the Chief Secretary or the
Under Secretary for the time being of the Lord Lieutenant
or other chief governor or governors of Ireland, and not in
the divisional justices or any of them.

2. And whereas by the said recited Act of the second and third years of the reign of her present Majesty it is, amongst other things, enacted, that in any case where the value of any house or tenement assessed under the said act shall not amount to five pounds, if the occupier and his immediate lessor, by any writing under their hands, shall require, and if the said justices shall by a minute agree thereto, such immediate lessor shall be

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increase the fines to be paid or the rents upon the licenses by him granted under the said act now in recital, provided 'the same be not increased above one fourth part more than the fines and rents thereinbefore mentioned, and to make such rules, orders and regulations for the purpose as to him 'shall seem meet, and to alter, vary, amend, or annul the same, provided every such alteration, rule, order and regu'lation respecting the fines or rents so made by the super'intendent magistrate shall be approved of by the Lord • Chancellor or Lords Commissioners of the Great Seal, and 'the Chief Judges, or any three of them: and whereas no 'power is thereby given to reduce the said fines or rents :" be it enacted, that the divisional justices of the said police district, in case they shall think fit, with the approval of the Lord Lieutenant or other chief governor or governors of Ireland, from time to time may reduce the fines to be paid or the rents to be reserved upon the licenses heretofore granted or hereafter to be granted in respect of any carriages under the said last recited act, or any act amending the same, or afterwards from time to time, with like approval, to increase the same as they may see fit, provided that any such fines or rents shall not be increased so as at any time to exceed the amount now payable for the same.

5. That from and after the passing of this act the commissioners of police of Dublin, with the approval of the chief or under secretary of the Lord Lieutenant of Ireland, to appoint or to alter, as occasion may require, the stands or stations for backney or other carriages, and also stations commonly called hazzards for the same, within the borough of Dublin and the district adjoining the same, as defined in the said last-recited act, or any act amending the same.

6. That, notwithstanding anything in the said last-recited act, or any act or acts, the said Commissiouers of Police

may license any metropolitan stage carriage or omnibus to ply or carry passengers between any part of the borough of Dublin and any other part of the said borough or of the District adjoining the same as defined under the said recited act of the 37 Geo. 3, or any act amending the same, or between any part of the said district and any other part of the said district, and to fix such rates of fines and rents to be paid in respect of such licence of any such metropolitan stage carriage or omnibus, as the said commissioners shall deem fit, and as shall be approved by the Lord Lieutenant or other chief governor or govenors of Ireland; provided that such rents and fines shall not exceed the highest rate of rent or fine now or for the being payable in respect of any other hackney carriage in Dublin, and no other duty shall be payable for the same; and the provisions of the said last-recited act, and of any act or acts amending the same, shall extend and apply to such carriages, and to such rents and fines, so far as the same are applicable.

such ticket, shall for every such offence forfeit a sum not
exceeding forty shillings; and every proprietor who shall
knowingly suffer any person not duly licensed under the
authority of this act to act as driver of any hackney or
other carriage as aforesaid, or as driver or as conductor of
any metropolitan stage carriage or omnibus, of which he
shall be the proprietor, shall for every such offence forfeit a
sum not exceeding forty shillings: provided, that nothing
herein-before contained shall subject to any penalty any
proprietor who shall employ any unlicensed person to act as
such driver or conductor as aforesaid for any time not ex.
ceeding twenty-four hours, or any unlicensed person who
shall be so employed for the said time, upon proof being
adduced by the proprietor, to the satisfaction of the justice
before whom such proprietor, driver, or conductor shall be
required to attend to answer for such offences respectively,
that such employment was occasioned by unadvoidable ne
cessity; and that every proprietor who shall so employ such
unlicensed driver or conductor, and every such unlicensed
driver or conductor, shall be subject to all the powers,
provisions, and proceedings of and under this act for
act done by such driver or conductor during such employ.
ment, in like manner as if such driver or conductor had
been duly licensed.
(To be continued.).

any

7. That the said commissioners may grant a licence to act as driver of hackney, job, and other carriages licensed for the accommodation and conveyance of passengers, or as driver or as conductor of metropolitan stage carriages or omnibuses, (as the case may be,) to any person who shall produce such a certificate as shall satisfy the said commissioners of his good behaviour and fitness for such situation respectively; provided that no person shall be licensed as such driver as aforesaid who is under sixteen years of age; and in every such license shall be specified the number of such licence, and the proper name and surname, and place of abode, and age, and a description of the person to whom CHARLES SHARPE respectfully announces to the Bar,

such license shall be granted; and every such license shall bear date on the day on which the same shall be granted, and shall continue in force until the thirty-first of December next after the date; or if granted in the month of November or December in any year, then to continue in force until and upon the thirty.first day of December in the year next following that in which the same shall be granted, except the same shall be sooner revoked, and except the time (if any) during which any such license shall be suspended; and on every license of a driver or conductor the said commissioners shall cause proper columns to be pre

LIBRARY OF THE

LATE RIGHT HON. ANTHONY R, BLAKE, LLD.

that he will have the honour of submitting to AUCTION, at ba Literary Sale Room, Anglesea Street, on THURSDAY NEXT, JUNE 14th, 1849, and following days, (Sunday excepted), the fine and Valuable LAW AND MISCELLANEOUS LIBRARY of the late Right Hm, Anthony R. Blake, LL.D.

The Collection consists of every book requisite for Practice at Law of in Equity, including the Statutes at large, (ante and post Union), the Year Books, Reports, (Ancient and Modern), Howell's State Trials, Hanard's Parliamentary Debates, &c. all in neat bindings, with a fine copy of the LIBER MUNERUM PUBLICORUM HIBERNIE, 2 vols, folio, bds Sale to commence each day at Three o'Clock, for the convenience of the Profession.

12mo. price 2s. 6d. by Post, 3s.

pared, in which every proprietor (if any) employing the A TREATISE ON THE LAW OF INTERPLEADER,

driver or conductor named in such license shall enter his own name and address, and the days on which such driver or conductor shall enter and shall quit his service respectively; and in case any of the particulars entered or endorsed upon any licence in pursuance of this act shall be erased or defaced, every such licence shall be wholly void, and of none effect; and the said commissioners shall, at the time of granting any licence, deliver to the driver or conductor to whom the same shall be granted an abstract

containing all the Reported Cases in this Country and in England; with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Forma of Affidavits, Rules, Orders, and the Record on a Feigned lasue. By Jour BLACKHAM, Esq., Barrister-at-Law,

EDWARD J. MILLIKEN, 15, COLLEGE GREEN,

JAMES

O'DRISCOLL,

PROFESSED TRO WSERS MAKER

9, ANGLESEA.STREET,

ING, Manufactured by RICHARD KELLY, Boot Maker, 16, COL LEGE.GREEN, Dublin,

of the laws in force relating to such driver or conductor, IRISH MANUFACTURE INDIAN RUBBER BLACK and of the penalties to which he is liable for any miscon duct, and also a metal ticket, on which there shall be marked or engraved his office or employment, and a number corresponding with the number which shall be inserted in such licence.

8. That there shall be charged upon and in respect of every such license to be granted under the authority of this act a fee of two shillings and sixpence, and upon every renewal of such licence a sum of one shilling, to be paid to the said Commissioners, and to be by then applied, after payment of the expense of such ticket, for the purposes of the said police tax or rate.

9. That from and after the first of January, 1849, no person shall act as driver of any hackuey or other carriage as aforesaid, or as driver or conductor of any Metropolitan stage carriage or omnibus, whether such person shall or shall not be the proprietor of such carriage, within the limits of the said Police district, unless in each case such person shall have a license so to do, and a numbered ticket granted to him under the authority of this act, and remaining in force; and after the day last aforesaid every person who shall act as such driver or conductor without such licence and ticket, and also every person to whom a license and ticket shall have been grauted, who shall, except in compliance with the provisions of this act, transfer or leud such license, or permit any other person to use or wear

It makes the Leather soft, pliant, and even Waterproof, sold by the Bootmakers and Grocers through the City, in Bottles at 4d, Sd. and Is, each. N.B.--Country Shopkeepers treated with on the most Liberal Terms, Portobello March 31st,

Sir,

"I have examined your Indian Rubber Blacking, and find it made of those materials which are most proper for such a composition. It has some advantages in use not possessed by similar articles of manufacture; it a susceptible of a very high polish, it does not soil, and its permanent effect on the leather is of a beneficial character.;

Mr. Kelly, College-green.

"THOMAS ANTISELL Lecturer on Chemistry,"

All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, F. J MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Name and Adress, 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, COL LEGE GREEN, or by lettes (post paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication.

TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 17s. Quarterly, 9.

Printed by THOMAS ISA AC WHITE, at his Printing Office, No. FLEET STREET, in the Parish of St. Andrew, and published at l COLLEGE GREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin. Saturday, June 9, 1849,

Erish Jurist

No. 33.-VOL. I.

JUNE 16, 1849.

PRICE

Per Annum, £1 10s. (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, including Bankruptcy Appeals.......

Rolls Court.......

Equity Exchequer...

ROBERT LONG, Esq.,

and

JOHN PITT KENNEDY, Esq., Bar-
risters-at-Law.

WILLIAM BURKE, ESQ., and
WILLIAM JOHN DUNDAS, Esq.,
Barristers-at-Law.

CHARLES HARE HEMPHILL, Esq.
and

WILLIAM HICKSON, Esq, Barristers-at Law.

Bankrupt Court...... {ROBERT GRIFFIN, Esq. and W.G.

CHAMNEY, Esq. Barristers-at-law.

DUBLIN, JUNE 16, 1849.

THE apathy of Irish members when questions of practical importance are brought or proposed to be brought under the consideration of the House has been frequently the subject of public comment and public condemnation. This feeling of indifference was strongly exemplified on Thursday, the 7th, when no House was made for Mr. Osborne's motion to inquire into the system of Chancery Estate Management.

The honorable member, not dismayed by the supineness of the Irish representatives, managed, with considerable tact, and in a speech delivered with great earnestness and much happiness of expression, incidentally to bring the whole question under the consideration of the House on the succeeding evening during the debate on the Irish Poor Laws, and to carry his point, aided by Mr. Napier, in obtaining a Committee of Inquiry. We augur great public benefit from a thorough investigation into this system of monster evil; we observe, by the statement of Lord John Russell, that it had already occupied the attention of our Chancellor, who has submitted to the Government a plan for its amend ment. This much we know, that no half measure will be of efficacy to remove this mighty sore which is all but cancerous. It has spread through the whole island, it has removed, from its natural control, a million and a half of rental, and vested the power of the proprietor in an executive which cannot, and if it could, does not know how to use it. The system goes on still with remorseless energy, and threatens to absorb the whole country within its grasp, nothing too vast, nothing too small for its meshes, properties of £10,000 and £10 a-year come equally within its scope. A very few weeks since we reported an pplication to the Master of the Rolls that the Re

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

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

CHAS. H. HEMPHILL, Esq., and WILLIAM HICKSON, Esq., Bar

risters-at-Law.

ROBERT GRIFFIN, Esq. and W. G.

{CHANNEY, Esq. Bafrigters-at-law. S ROBERT GRIFFIN, Esq. and W.G. CHAMNEY, Esq. Barristers-at-law.

ceiver should only be called on to account once in five years, the property over which he had been appointed being only £10 a-year! Darley v. Hunter, (ante p. 194.) We should be glad to know how much of that £10 a-year found its way into the hands of the creditor. Assuming Mr. Vereker's estimate in his pamphlet, Economic Consideration of the Judgment Acts," of the expense to be correct—and we have every reason to confide in its accuracythe costs of appointing and completing the appointment of a receiver, where the petition is unopposed, would amount to £50; adding to this the annual expense of accounting, it is obvious that years would stretch into infinity before this miserable property could pay the debt. The Master of the Rolls refused, and very properly refused to comply with the application, in order that he might shew the utter uselessness of proceeding against so small a property. Whilst we write we are informed that on Wednes. day last an application was made to the Master of the Rolls to extend a receiver where the debt was only £5! The expense of extending a receiver is estimated at about £25, his Honour was coerced by the act of Parliament, and was obliged to make the order.

The Court of Exchequer hesitated for some time before they drew up an order for the appointment of a receiver over £20 a-year, but were coerced by the statute, and obliged to make the appointment.

It is not merely that the punishment is severe in the extreme upon the unfortunate debtor, that we denounce the ruinous tendency of the Judgment Acts, and the management of estates by Courts of Equity; the penalty may be, and often is disproportioned to the offence, but if it would deter improvidence and check extravagance, the sanction of the law would be wholesome; it is because that penalty affects not merely the debtor but the creditor, the owner, and the tenant, the individual and the nation, that we have written against it. The Com

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The statutes which regulate judgments require to be extensively modified; as a security affecting lands judgments should either cease to exist or be rendered specific liens like mortgages, or only attach when execution is sued out upon them. This subject is more calculated, however, for the contemplation of a lawyer than the labours of the committeeroom; evidence may be useful to show the prejudicial nature of the great staple security of this country: but what will fall more peculiarly within the province of the Committee will be the examination of a class of witnesses who will give them the groundwork of a measure to improve the management of estates which are placed under the control of a Court of Equity. It may be alleged that the period is inopportune to devise such a measure when the outcry of the day, when the legislation of the hour is directed to supersede the Court of Chancery nearly altogether; it may be urged, you are your selves inconsistent when you advocate an improved law with reference to judgments with the avowed design of rendering it more difficult if not impossible to reach real property through their medium. By the operation of the Incumbered Estates Bill the property will be sold first, and the inquiry as to the parties entitled to its produce be made afterwards, and by a change in the Judgment Acts you will prodigiously diminish the evil of receiverships.

A little consideration will shew how inadequate to meet the existing evils will be the contemplated laws how illusory the idea that the Court of Chancery will be superseded. It is estimated, from the vast increase of the last two years, that over a million and a half of rental is under the management of our two Courts of Equity. In ordinary times, the purchase-money of these estates, if all destined for the hammer, would be thirty millions. It is incredible to suppose that this vast amount of property can rapidly change hands, but the fact is, that a portion of it is not destined for sale. It belongs to minors and lunatics, and persons under disability, who are the peculiar objects of Courts of Equity, or the incumbrances affect but a life estate, and it would be impolitic of the creditor to incur the expense of making out title, and selling a limited interest. In all such cases the appointment of a receiver is all that is required; whilst civilization continues, whilst real property is made the subject of family settlement and of business transactions, there must be a controlling power vested in a Court of Chancery, or a court with similar powers under another name. The Incumbered Estates Bill is temporary; its functions will merge into the Court of Chancery.

The step in the right direction has been taken to put an end to jobbing, and to improve a jurisdiction which is susceptible of improvement. We trust it will be carried out with energy, and we were glad to see that Mr. Osborne has nominated his Com. mittee, and is prepared to act with promptitude. His selection of men and numbers was judicious: Mr. Osborne, Sir R. Peel, Sir J. Graham, Sir W.

Somerville, Sir J. Romilly, Mr. Napier, Mr. Maun sell, Mr. Bright, Mr. Henly, Mr. O'Flaherty, Mr. G. A. Hamilton, Mr. McCullagh, Mr. Page Wood, Mr. Turner, Mr. Tennent. Some of the latter-named gentlemen will not act, and their places will be filled by Irish members. We look to the evidence to be laid before this Committee and their Report with deep anxiety. The germ is deposited that may be productive of much practical good to Ireland. It has been a source of much gratification to us that we have, on all fitting occasions, reprobated the present system, laid bare its enormities, and given such suggestions as we conceived likely to be prac tically important; and our acknowledgments are due to Mr. Osborne for his too flattering testimony to our usefulness.

The remedies to be given to the judgment ereditor involve questions of much difficulty, so that they may at once be certain, yet not oppressivedefined, yet not offering an insurmountable barrier to the transfer of property. This subject, as we have already glanced at, is a fit one for a jurist thoroughly acquainted with the laws and practice of Ireland. Can none such be found amongst the

law officers of the Irish Government, or is all le gislative activity-every legislative idea-to be transferred to English officials? If so, it is not to be wondered at that they will acquire, or have acquired, a profound contempt for the legal attain ments of Irish lawyers.

SIR,

To the Editor of the Irish Jurist.

The course to be pursued on the occasion of supplying the vacancy in Parliament caused by the judgment against the late Member for the county of Limerick, (William Smith O'Brien,) seems not to have been clearly understood. The effect of final judgment after conviction of high treason is attainder, and, in legal phraseology, a party is then, but not before, said to be attainted of high treason, which was the proper term to have been applied on the occasion of moving for the issuing of a new writ to supply the vacancy, and not that which was made use of-viz., "adjudged guilty of high treason." The effect of attainder of high treason is, that all the rights of citizenship are forfeited, together with the life of the party; and the awful sentence of the law shews in what detestation and horror such a crime was held by our ancestors. It appears from the records of Parliament, that this crime has been more frequent amongst the members of the Upper House, Lord John Russell having adduced only two instances in the Lower House of motions similar to that he was the mover of. Peers, upon being attainted, at once lost all their dignity and other privileges, and even a pardon, which was the prerogative of the Sovereign, did not remove the attainder, but a Bill for this purpose should be passed in Parlia ment, as in the case of Lord Bolingbroke.

The idea, that though the Sovereign has an undisputed right to pardon any criminal, yet that there is not any right of commutation of the pun. ishment, seems almost too absurd to take notice of. That such a power does exist, is a truth

similar to those first principles which are selfevident, and yet which are difficult of proof. None will deny that a whole contains all its parts; and perhaps it may not a little startle the advocates of the absurd notion already spoken of, to learn that they do in fact deny this self-evident truth, for they affirm, that though the Sovereign may pardon in toto, she cannot in parte.

Your readers will remember the historical instances of commutation mentioned by Blackstone, under the title "Execution," Lord Coke and Sir Matthew Hale having held that the King could not change the punishment of the law by altering the hanging or burning into beheading, though when beheading was part of the sentence the King might remit the

rest.

Even in Lord Coke's time there were instances to the contrary, but he maintained with bull-dog ferocity, "Judicium est legibus non exemplis," upon which Foster remarks that the rule is true but the mistake in the application thereof, for inconvenient usage, founded on mercy and never complained of, is undoubtedly sufficient in this as in every other case to determine what is or is not part of the common law.

When Lord Stafford was executed for the Popish plot in the reign of Charles II, the sheriff's of London having received the writ for beheading him, petitioned the House of Lords for an order how the judgment should be executed, for being prosecuted by impeachment they entertained a notion (said to have been countenanced by Lord Russell,) that the King could not pardon any part of the sentence. The Lords resolved that the scruples of the sheriffs were unnecessary, and declared that the King's writ ought to be obeyed. The sheriffs signified to the House of Commons that they were not satisfied as to the power of said writ, and the House, after two days consideration, resolved that the House was content that the sheriff do execute Lord Stafford by severing his head from his body.

When Lord Russell was condemned for high treason upon indictment, the King, while he remitted the ignominious part of the sentence, observed, "That his Lordship would now find he was possessed of that prerogative which, in the case of Lord Stafford, he had denied him."

Our great commentator remarks, "One can hardly determine (at this distance from these turbulent times) which most to disapprove of, the in. decent and sanguinary zeal of the subject, or the cool and cruel sarcasm of the sovereign." To my judgment it appears abundantly plain, that the sovereign, who is the fountain of mercy, can exercise a dispensing prerogative, and commute a heavier for a lighter punishment, "onere magis continet in se minus." The criminal has never yet been the person to raise the point; but it appears that one or two of the state prisoners have called in question the right to alter the sentence.

It is recorded as illustrative of the difference of character of James the Second, and William the Third, that the former, in allusion to an individual of his time, who was obnoxious to the government of the day, said "He is anxious to be a martyr, and I shall gratify him;" and William the Third,

on a similar oceasion-"He is anxious to be a mar

tyr, and I shall disappoint him." Posterity has pronounced its approval of the latter sentiment, and I trust our government will adopt it, and disregard that morbid sense of vanity which would sacrifice life to its insane gratification.

(Continued from p. 248.)

N.

10. That before any such licence as aforesaid shall be granted, a requisition for the same, in such form as the said commissioners shall from time to time appoint for that before is required, shall be made and signed by the person purpose, and accompanied with such certificate as hereinby whom such licence shall be required, and in every such requisition all such particulars as the said commissioners shall require shall be truly set forth; and every person applying for or attempting to procure any such licence, who shall make or cause to be made any false representation in regard to any of the said particulars, or who shall endea vour to obtain a licence by any forged recommendations, or manded of him in relation to such application for a licence, who shall not truly answer all questions which shall be deand also every person to whom reference shall be made who shall in regard to such application wilfully and knowingly make any misrepresentation, shall forfeit for every such offence a sum not exceeding forty shillings; and it shall be of such penalty before any divisional justice at any time lawful for the said commissioners to proceed for recovering

within one calendar month after the commission of the

offence, or during the currency of the licence so improperly obtained.

11. That as often as any driver or conductor shall change his place of abode he shall give notice thereof in writing notice his new place of abode, and shall at the same time signed by him to the said commissioners, specifying in such produce his licence to the said commissioners, who shall endorse thereon a memorandum specifying the particulars of such change; and every driver or conductor who shall

change his place of abode, and shall neglect for two days to give notice of such change, and to produce his licence in order that such memorandum as aforesaid may be endorsed thereon, shall forfeit for every such offence a sum not exceeding forty shillings; and the said commissioners, or any person employed by them for that purpose, may sue for such penalty at any time during the currency of such licence.

12. That the particulars of every licence which shall be granted as aforesaid shall be entered in books to be kept and in all courts, and before any divisional justice of the for that purpose at the office of the said commissioners; peace, and upon all occasions whatsoever, a copy of any entry made in any such book, and certified by the person having the charge thereof to be a true copy, shall be received as evidence, and be deemed sufficient proof of all things therein registered, without requiring the production of the said book, or of any licence or of any requisition or other document upon which any such entry may be founded; and every person applying at all reasonable times shall be furnished with a certified copy of the particulars respecting any licensed person, without payment of any fee.

13. That every licensed driver or conductor shall at all times during his employment, and when he shall be required to attend before any divisional justice of the peace, wear his ticket conspicuously upon his breast in such manner that the whole of the writing thereon shall be distinctly legible; and every driver or conductor who shall act as such, or who shall attend when required before any justice

of the peace, without wearing such ticket in manner afore

said, or who, when thereunto required, shall refuse to
produce such ticket for inspection, or to permit any person
forfeit the sum of forty shillings.
to note the writing thereon, shall for every such offence

14. That upon the expiration of any licence granted under this act the person to whom such licence shall have been granted shall deliver such licence and the ticket relating

thereto to the said commissioners; and every such person

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