either party may give notice of his intention to examine the witDesses orally, when that mode of taking the evidence is to be adopted; but where neither party requires oral examinations, the evidence will be given by afidavits.

Under such an improved procedure, it is obvious that, with the reciprocal power plaintiffs and defendants have of forcing on suits to a termination, and with the necessity both parties are under of proceeding promptly, a chancery suit can take no longer time than may be due to the substantial merits and difficulties of each case. When to this is added the abolition of the masters' offices, and the substitution of the judge before whom the whole cause has to be heard, as the functionary by whom all incidental questions arising in the progress of the suit are to be decided, and the great redaction of fees payable by suitors, the court of Chancery has been made, much more than formerly, a fountain of prompt and speedy justice.

A useful reform to the profession has been the consolidation of the orders in chancery, under the auspices of Lord Chelmsford, and which took effect in February, 1860. The object of this digest was to condense and arrange in a volume of some 230 pages all the general orders, and all the regulations as to fees and charges of the court of Chancery, some of which orders have been in force for centuries. This was the work of two equity barristers, Messrs. Josiah Smith and Cadman Jones.

An act of 1858, the 21 & 22 V. c. 27, further amends procedure in the court of Chancery, by empowering it, in applications for an injunction against breach of contract, or against continuance or commission of any wrong, to award damages to the party injured. Damages may be assessed or question of fact tried by a jury before the court itself, such jury being summoned and qualified as any jury before the superior courts. Or damages may be assessed and questions of fact tried by the court without a jury, in open court, by the oral examination of witnesses. By s. 6, court may cause damages to be assessed by a jury before any judge of the superior courts of common law at nisi prius, or before the sheriff of any county or city. Act extends to the court of Chancery in Ireland, and the county palatine of Lancaster.

In 1860, the 23 & 24 V. c. 128, removes doubts as to the powers of the court of Chancery to carry into effect the suggestions in the two reports of the commissioners on the mode of taking evidence in chancery without the authority of parliament, by enabling the lord chancellor and judges to make general rules and orders for carrying into force the recommendations of the commissioners. Such general rules and orders to be laid before parliament if sitting, or within five days after its meeting for despatch of business.

The 23 & 24 V. c. 149, inakes better provision for the relief of prisoners in contempt and pauper defendants. By s. 2, in the

last week of January, April, July, and October, the solicitor to the suitors' fund, or other officer appointed by the lord chancellor, is to visit the Queen's Prison, and examine the prisoners confined there for contempt, and report their cases to the chancellor, who, if he thinks fit, may assign solicitor to any such prisoner, not for defending him in formâ pauperis, but taking generally such steps as the nature of the case may require, and make such order as the chancellor had been empowered to make on report of a master in chancery. Prisoner, or other person, may be examined on oath by the visiting officer, s. 3. Court may

direct a reference as to poverty. By s. 5, gaolers of any other prison than the Queen's Prison are to make reports within fourteen days after the committal of any person then in custody for contempt. Expenses incurred for prisoners and pauper defendants to be paid out of suitors' fund.

CHAPTER V.

Summary Conviction.-Recognizance.

BESIDES the general modes of proceeding in equity, civil, and criminal cases, described in the last three chapters, there is another form of judicial procedure, by summary conviction before justices of peace, which it may be proper briefly to mention before concluding the outlines of judicial administration.

By summary proceedings are principally meant such as are directed by several acts of parliament for the conviction of offenders, and the infliction of penalties created by those acts of parliament. In these there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only as the statute has appointed for his judge.

Of this summary nature are all trials of offences and frauds contrary to the laws of the excise and other branches of the revenue, which are inquired into by the commissioners of the respective revenue departments, or by justices of the peace in the county where they occur. Another branch of summary procedure is that before justices of the peace, in order to inflict petty pecuniary fines and corporal penalties, denounced by act of parliament for disorderly offences; such as poaching, malicious mischief, common swearing, drunkenness, vagrancy, idleness, and a vast variety of others, all of which formerly used to be punished by the verdict of a jury in the court-leet.

The process is extremely brief: after summoning the offender, the magistrate proceeds to examine one or more witnesses, as the statute may require, upon oath; he then makes his conviction in writing, upon which he usually issues his warrant, either to apprehend the party, in case corporal punishment is to be inflicted, or else to levy the penalty incurred by distress and sale of goods.

By the 18 G. 3, c. 19, justices out of session are also empowered to award costs against either the person complaining or the person against whom the complaint is made; which, if not paid, may be levied by distress; or, if no distress can be had, such person may be committed to hard labour for any time not less than ten days nor more than a month.

From these convictions there is no appeal, unless it be expressly given by the statute; but the party has in general a right to a certiorari to remove the conviction into the court of Queen's Bench. When an appeal is given to the sessions, the magistrates should make known to the convicted party his right to appeal; but if he decline appealing, they are not required to inform him of the necessary steps to be taken to appeal. Upon appeal the magistrates are bound to receive any fresh evidence, though not tendered on the former hearing. 3 M. & S. 133.

The defendant is entitled to require a copy of the conviction from the convicting magistrate.

When an appeal is allowed, the conditions or directions respecting such appeal must be strictly complied with; and the appeal must be to the next quarter sessions of the jurisdiction in which the conviction takes place, unless otherwise specially appointed by the statute giving the right of appeal.

These summary proceedings are unknown to the common law, and appear to have arisen from the increase of population, the multiplicity of our fiscal regulations, the demoralization of juvenile delinquents from protracted imprisonment with older offenders before trial, and the expense and delay of bringing a number of petty offences before the regular tribunals of criminal judicature.

By 5 & 6 V. c. 38, the justices holding sessions of the peace are not allowed to convict for any capital felony, or felony (unless the accused has been previously convicted) subjecting to transportation for life; nor for offences against the queen or parliament; nor for blasphemy, administering unlawful oaths, bigamy, abduction, elitious or blasphemous libels.

The 20 & 21 V. c. 43, is intended to obtain the opinion of a superior court on questions of law which arise in the exercise of sammary jurisdiction by justices of peace, police, or other stipendiary magistrate. By s. 2, one or more justices, on application of any party aggrieved by their decision, as being erroneous in point of law, may, within three days after, apply to them to state a case for the opinion of a superior court; the applicant to transmit such case to the superior court, and give security to abide costs. Justices may refuse a case, if frivolous; but court of Queen's Bench may order a case to be stated. Power of superior court may be exercised by a judge at chambers, s. 8.

For the more speedy trial of juvenile offenders, and to avoid the evils of their long imprisonment before trial, it is enacted by 10 & 11 V. c. 82, extended by 13 & 14 V. c. 37, that persons not ex

ceeding sixteen years of age, guilty of any theft that the law considers simple larceny, or aiding in its commission, may be summarily convicted, by two judges, and sentenced to imprisonment for not exceeding three calender months, with or without hard labour, or to forfeit any sum not exceeding £3, or, if a male, may be once privately whipped, either instead of or in addition to such punishment; or the whipping, inflicted by a constable, may be out of prison. But offenders under these acts above fourteen are not liable to whipping. Justices may dismiss the accused if they deem it expedient not to inflict any punishment, with or without sureties for future good behaviour, giving the accused a certificate of such dismission as a bar to future proceedings. Justices are required to ask the accused if they wish the charge to be tried by a jury; if either accused or parents object to a summary conviction, justices to proceed with the case as before the acts. One police justice of the metropolis, or stipendiary magistrate elsewhere, has jurisdiction. Justices may order restitution of stolen property.

II. RECOGNIZANCE.

The law has provided a method for the prevention of crimes as well as punishing them when committed. The preventive justice consists in obliging persons whom there is reason to suspect of future misdeeds, to enter into a recognizance to keep the peace, or be of good behaviour.

A recognizance is an obligation, with one or more sureties, entered into before a court of record, or magistrate duly authorized, to do some specific act, as to appear at the sessions, keep the peace, or the like. In default, the recognizance is forfeited to the crown, and the party and his sureties may be sued for the sums in which they are respectively bound.

Justices of peace may demand security at their own discretion, or it may be granted at the request of a private individual, upon due cause shown. Wives may demand it against their husbands, or husbands, if necessary, against their wives.

Justices may bind a person over for offences against good manners, as well as against the peace; as for haunting bawdy-houses, or keeping women of bad fame in his house, or for words tending to scandalize the government, or in abuse of the officers of justice. Also justices may bind over all eaves-droppers, reputed thieves, common drunkards, cheats, or vagrants. It is even held, though of dubious authority, that justices may demand bail of persons charged with libel before the indictment is found, Butt v. Conant, B. & C. 548.

With respect to the exhibition of articles of the peace, there ought to be a reasonable foundation, on the face of the articles, to induce a fear of personal danger before sureties of the peace will be required, 13 E. R. 172. The court may require bail for such a length of time as they shall deem necessary for the preservation of

the peace, but are limited to a twelvemonth, Rex v. Bowes, 1 T. R. 696.

A recognizance may be forfeited by the commission of any of those acts which the party is bound to refrain from; or it may be discharged either by the demise of the queen, to whom the recognizance is made, or by the death of the principal party; or by the order of the court to which it is certified; or in case he at whose request it is granted, if granted upon a private account, will release it, or does not make his appearance to pray that it may be continued.

By 7 G. 4, c. 64, no recognizance is to be estreated without the written order of the justice, recorder, corporate officer, chairman, or justice of peace, to whom a list of forfeited recognizances must be submitted by the officer of estreats.

CHAPTER VI.
Juries.

THE trial by jury, or the empanelling of an assembly of men to inquire into alleged facts, and bound by oath to a faithful discharge of their duty, is mostly deemed one of the most ancient and salutary institutions which has descended from a remote period, for the preservation of the persons and properties of the people. By 6 G. 4, c. 50, several abuses which had crept into the jury system were removed, and the institution placed on such a basis as better to ensure the fair and independent discharge of its judicial functions. In the course of the chapter we shall incorporate the provisions of this statute, and a subsequent amending one, as well as retain the customs and practices not affected by the acts, and thereby exhibit the present state and constitution of juries

JURY LISTS.

According to the Jury Act, the churchwardens and overseers of the poor are required to make out an alphabetical list, before the 1st of September in each year, of all men residing in their respective parishes and townships qualified to serve on juries, setting forth at length their Christian and surname, the place of abode, title, profession or business, and the nature of the qualification of each individual.

Copies of these lists, on the first three Sundays in September, are to be fixed on the principal door of every church, chapel, and other public place of religious worship, with a notice subjoined, that all appeals will be heard at the petty sessions, to be held within the last seven days of September in each year, mentioning the day and place of holding such session.

For the purpose of correcting and completing the jury lists, the