the evidence for which party it will be given, it is common for the judge to recommend, and the parties to consent, to withdraw a juror; then no verdict is given, and each party pays his own costs.

After the verdict follows the JUDGMENT of the court judgment may, however, where there has been any defect in the trial, be suspended or arrested, for it cannot be entered till the next term after trial had, and that upon notice to the other party.

Causes for suspending judgment, by granting a new trial, may arise for want of due notice of trial; improper behaviour of the jury among themselves, or of the plaintiff towards them, by which their verdict is influenced; misdirection of the judge; or exorbi tant damages for these and similar reasons a new trial will be awarded. But if two juries agree in the same or a similar verdict, a third trial is seldom conceded.

If the judgment is not appealed against, suspended, or reversed, the result and last stage in the proceedings of a suit is the EXECUTION, or the putting the sentence of the law in force. Execution is of divers kinds. If the plaintiff obtain a verdict whereby the possession of land is awarded to him, a writ is directed to the sheriff, commanding him to give actual possession to the plaintiff; and the sheriff may justify breaking open doors if the possession is not peaceably yielded. But if quietly given up, the delivery of a twig or turf, or the ring of the door, in the form of putting in possession, is sufficient.

Executions in actions, where money only is recovered, may be entered against the body of the defendant, or against his goods and chattels, or against all three, his body, land, and goods.

Every writ of execution must be sued out within a year and a day after the judgment is entered; otherwise the court concludes that the judgment is satisfied and extinct.

By 15 & 16 V. c. 76, s. 120, in a verdict obtained out of term, execution may issue in fourteen days, unless the judge order an earlier or later day. The same act provides, that the writ or execu. tion may be directed to the sheriff of any county without reference to venue; that it is to remain in force for one year, and to be renewed if necessary.

The 3 & 4 W. 4, c. 42, is intended to lessen the expense and facilitate judicial process. Executors may bring actions for inju ries committed to the real estate of the deceased during his lifetime; and the contrary against executors, for injuries to property, real or personal, by the testator. Statutory limitations are, for the first time, put to the periods within which actions may be brought on bonds and other deeds, judgments, and other matters on record. Pleas of abatement as to misnomer and non-joiner of a co-defendant are restricted. Wager of law is abolished. In suits for any sum not exceeding £20 in the superior courts, the judge may direct, as before stated, the issue joined to be tried before the sheriff, or in any court of record for the recovery of debts in the

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county. The power to pay money into court is extended to damages of uncertain amount, either for breach of contract or for a wrong; hitherto it had been limited to debts strictly so called. Power is given to juries to allow interest upon all debts or sums certain, payable at a certain time by virtue of a written instrument. Executors suing in right of testator, made liable to costs in case of nonsuit or verdict passing against them. In case of arbitrations, the parties having mutually agreed to a reference, neither of them allowed to revoke without leave of court. Lastly, no holidays are allowed in the courts of common law, or in offices appertaining thereto, except Sundays, Christmas-day, and the three following days, and Monday and Tuesday in Easter week.

The 23 & 24 V. c. 34, amends the law relating to petitions of right, simplifies the procedure therein, makes provision for the recovery of costs, and assimilates the proceedings as near as may be to practice in actions and suits between subject and subject. Petitions of right, if the suppliant think fit, may be preferred in any of the superior courts of common law or equity at Westminster; the petition being left with the home secretary for her Majesty's consideration, upon fiat obtained, petition to be left with solicitor of the Treasury. The remaining clauses refer to ulterior proceed. ings, and take effect of judgment amoreas manus.

Before concluding, we must say something of COSTS, which form an inseparable and material adjunct to every lawsuit. For the most part, costs are paid by the vanquished party, except in a few intances, privileged by statute or prescription. Persons who will swear themselves not worth £5, may have writs and subpoenas gratis, and counsel and attorney assigned them without fee; and are excused from paying costs when plaintiffs, but shall suffer other punishment at the discretion of the court. The prosecutor, in any action for a pecuniary penalty, is not entitled to costs, unless expressly given by the statute. To prevent trifling actions for assault, battery, and trespass, it is enacted that, where the jury gives less damages than 408., the plaintiff shall be allowed no more costs than damages, unless the judge certify that an assault, or actual battery has been proved, or that in trespass it was wilful and malicious. In actions for slander, no sum under 408. ever carries costs; the defendant having justified or not makes no difference, and there is no certificate grantable for either party. But in actions for libel, erim.con., seduction, debt, contract, or consequential damage, the mallest damages carry full costs, whether the defendant has justifed or not, unless the judge certifies in favour of the defendant; which deprives the plaintiff of his costs.

DIFFERENT LAWS, HOME AND FOReign.

For improving the administration of the law by affording facilities for more certainly ascertaining the law administered

in one part of the queen's dominions when pleaded in the courts of another part, it is enacted by 22 & 23 V. c. 63, that if in any action depending in any court of her Majesty's dominions, the court shall be of opinion it is expedient, for the proper disposal of the action, to ascertain the law applicable to the facts of the case as administered elsewhere, on any point in which the law is different, the court may remit a case, setting forth the facts as ascertained by the verdict of a jury or other competent mode, for the opinion in law of a court in any other part of the empire. It is competent to any parties in the action to present a petition to the court whose opinion is sought, to be heard by counsel, or the court may, without hearing parties or counsel, pronounce their opinion on the questions of law which have been submitted to it. Such opinion to be certified by an officer of the court, and a copy given to each of the parties in the action. Either party may then move the court from which the remit issued, and the opinion obtained be submitted to the jury. Her Majesty in Council, or the House of Lords, on appeal, may adopt or reject the opinion of the law so procured. The word "action" in the act, includes every judicial proceeding instituted in any court-civil, criminal, or ecclesiastical, ss. 1-5.

By 24 V. c. 11, like facilities are afforded for ascertaining in similar circumstances the law of any foreign country; and if in any action depending in any of the superior courts within her Majesty's dominions it shall be the opinion of the court that it is expedient, for the disposal of such action, to ascertain the law applicable to the facts of the case as administered in a foreign State with the government of which her Majesty has entered into a convention, it is competent to the court in which the action depends to direct a case to be prepared setting forth the facts, as these may be ascertained by verdict of jury or other competent mode, or as may be agreed upon by the parties, or settled as appointed by the court for that purpose in the event of the parties not agreeing : upon such case being approved of by the court, the court to settle the questions of law arising out of the same on which they desire to have the opinion of another court, and pronounce an order remitting the same, together with the case, to such superior court in such foreign State, as agreed upon in convention, whose opinion is desired upon the law administered by foreign court as applicable to the facts set forth in the case, and requesting them to pronounce their opinion on the question submitted to them. Upon such opinion being pronounced, a copy thereof, certified by an officer of such court, to be deemed to contain a correct record of the opinion. Courts in any part of her Majesty's dominions may pronounce opinion on a case remitted to ascertain the law by any foreign court in convention, and vice versa, obtain an opinion from abroad. The word "action" to apply as in the preceding statute.

CHAPTER III.

Criminal Procedure.

HAVING traced the progress of redress for private injuries, we come next to the mode of criminal procedure for the punishment of edences against the public; and of which the first step is in the ARREST of the person of the delinquent. In criminal cases, every person is liable to arrest without distinction; but no man is to be arrested unless charged with such a crime as will at least justify Lubling him to bail when taken.

Warrants for arrest are usually issued on application to a justice of the peace: they should set forth the time and place of making, and the cause for which they are made; and should be directed to the constable, or other peace officer, requiring him to bring the scense party, either generally before any justice of the county, or only before the justice who grants the warrant. The warrant, in the latter case, is called a special warrant.

A general warrant, to apprehend all persons suspected, without naming any person in particular, is illegal; so is a warrant to apprehend all persons guilty of a crime therein specified.

A warrant from the chief or other justice of the court of Queen's Berch extends all over the kingdom, and is dated "England," not Oxfordshire, Berks, or other particular county. But the warrant of a justice of peace in one county, as Yorkshire, must be backed, that is, signed, by a justice of another, as Middlesex, before it can be executed there. So a warrant to apprehend an offender escaped from England into Ireland or Scotland, must be endorsed by the local magistrate of the district in which he is found.

Certain officers, as a justice, sheriff, coroner, constable, or watchman, may arrest without warrant; and even a private person who is present when a felony is committed is bound by law to arrest the felon, on pain of fine and imprisonment if he escape through the negligence of the stander-by. An arrest by warrant may be made en any day, or any time of the day or night, for treason, felony, or breach of the peace.

When an offender is arrested, the justice before whom he is brought is bound immediately to inquire into the circumstances of the alleged crime, and to take the examination of the prisoner, and the evidence of those who bring him, in writing; if the charge appear wholly groundless, the prisoner must be forthwith discharged; otherwise he must be committed, or give bail for his appearance to answer the accusation at the next sessions or assizes; and the prosecutor, or person injured by the crime charged, is bound over to prosecute.

To refuse or to delay to bail any person liable, is an offence

against the statute as well as common law. Formerly, all felonies were bailable, but many offences are now excepted by statute. No justice of peace can bail upon a charge of treason, murder, arson, or manslaughter, if the prisoner be clearly the slayer, and not barely suspected to be so. But in case of other felonies committed by persons of bad character, and of notorious thieves, the justices may bail or not at their discretion.

The court of Queen's Bench, or any judge thereof, in time of vacation may bail for any crime; but no one can claim this benefit as a matter of right. And the House of Lords may bail a peer committed on an indictment for murder. If the party cannot ob tain bail, he is committed to the county jail, or house of correction, by the mittimus of the justice, or warrant under his hand and seal, containing the cause of his committal. No prisoner can be bailed for felony by less than two sureties; and the amount of bail must depend on the rank of the accused and the nature of the offence.

The next step towards the punishment of the accused is the presenting an INDICTMENT, or written accusation, against him to the grand jury. The grand jury is summoned by the sheriff, consisting of not fewer than twelve, nor more than twenty-three, of the principal men of the county, who are previously instructed in the subject of their inquiries by a charge from the bench. They then withdraw to sit and receive the indictments which are preferred to them; and they are only to hear evidence on behalf of the prosecution. In common cases of felony and misdemeanor the clerk of indictments prepares the proper indictment, from the depositions that have been returned to the court by the committing magistrates; sometimes the indictment is framed by a barrister or crown. draftsman, in which case the clerk of indictments only passes it, receiving his fee as if he had drawn it on the back of the indictment the names of the witnesses for the prosecution are written.

For expediting the proceedings of grand juries, by the 19 & 20 V. c. 54, persons attending to give evidence before them may be sworn in the presence of the jurors, and be examined on oath; and the foreman to write his initials against the name of each witness so sworn and indorsed on the bill of indictment. The word foreman includes any person acting in his name.

When the grand jury have heard the evidence for the prosecution, if they think the accusation groundless, they write on the back of the bill, Not a true bill; or, which is the better way, Not found; and then the party is discharged. But a fresh bill may afterwards be preferred to a subsequent grand jury. If they be satisfied of the truth of the accusation, they indorse upon it, A true bill, and the party stands indicted. The indictment is then said to be found; but, to find a bill, at least twelve of the jury must concur. So that no person can be convicted of a capital charge without the unanimous voice of twenty-four of his neighbours and equals; that is, by twelve at least of the grand jury first assenting to the accu