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times vanishes entirely. The right to sue at all sometimes depends upon the existence of the very circumstance which determines the measure of damages. For instance, where the wrong complained of affects the public generally, the particular loss sustained by the plaintiff is the fact which at once gives him a right of action, and guages the compensation he is to obtain. So, in an action against executors, the possibility of obtaining any real satisfaction may depend entirely upon the form in which they may be sued, whether in their representative or personal capacity. In many cases of torts no measure of damages can be stated at all; and the only way of approximating to such a measure is by ascertaining what evidence could be adduced in support of the issue. All this has made many parts of the present work resemble a treatise at Nisi Prius, rather than one exclusively appropriated to damages."

Among the interesting themes connected with his subject, Mr. Mayne discusses the following-remoteness of damage, the distinction between liquidated damages and a penalty, the measure of damages in actions for not replacing stock, for refusal to convey land, breach of covenants to repair, in actions on guaranties and policies of insurance, for breach of promise of marriage, seduction, crim. con., and in actions against several defendants.

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sel, who are Queen's counsel; and, in addition, there are others who have general practice; but on every circuit there are two or more who conduct all the prosecutions. The prosecutions at the quarter sessions are conducted by the sessional prosecutors, who, I believe, are always solicitors, and they take charge of that class of cases which goes to the sessions; but the other cases, which are generally of a more important description, and go to the assizes, are under the care of the Crown solicitor, with the counsel who are appointed by the Attorney-General. They do not, however, go in and out of office with the Attorney-General: that has always been the usage. When the Attorney-General comes in he finds them there, and does not disturb them. He sometimes makes some new arrangements, or adds two or three supernumeraries, but they are not supposed to go in and out with the Attorney-General. When a vacancy arises, by resignation or some other cause, whoever is the Attorney-General for the time being exercises his discretion in appointing a proper person. The way the business is managed is this-when infor formations are taken through the different localities, the magistrates distribute them between the sessions and the assizes, and those which are intended for the assizes are sent to the Crown solicitor of the circuit, according to what locality they arise in; then he at certain intervals makes them up, and he submits them to the Attorney-General for his direction; so that every set of informations in each case is submitted to the Attorney-General, and he considers them; he then states his opinion whether it is a fit case for the Crown to prosecute. Of course it depends upon the kind of opportunity which he has of giving attention to it; but his duty is, on reading each case, not merely to signify whether the Crown should prosecute or not, but to point out where there are deficiencies of evidence, and matters which may occur to him in that way, so as to get the case made more complete where he thinks it can be done. Those cases which are marked by the Attorney-General to be prosecuted are taken charge of by the Crown solicitor, and when the circuit time comes he has the proper bills prepared, and the briefs given out to his counsel on the circuit, who exclusively attend to them. The cases which the Attorney-General does not interfere with, the private prosecutor may take up, as is done in some instances. It is not very

We have said that this work is "practical," for it plunges at once into the existing law, and has evidently been written with a view to the requirements of the busy practitioner. This object is fully attained, and the book will be found of great service at Nisi Prius, and as a circuit companion, as well as for the more elaborate arguments in Banc. At the same time, we should have been glad to have seen, by way of introduction or appendix, a sketch, from Mr. Mayne's pen, of the system of compensation which prevailed among the nations of antiquity and our Saxon ancestors. We are sure it would have been well and succinctly done, and have presented many curious and interesting aspects of society in its judicial character.

We throw out this suggestion for Mr. Mayne's consideration in the event of a second edition, and in the meantime thank him for the very useful book with which he has favoured the Profession.

REPORT OF THE SELECT COMMITTEE ON usual, because it is considered, that the case having

PUBLIC PROSECUTORS.

(Concluded from p. 298).

The arrangement made for the carrying out of criminal justice in Ireland is thus described by Mr. Napier, formerly Attorney-General for Ireland, and a member of the Committee:-"It is founded on the principle, which I think is a right one, that the Executive Government is properly, and I would say primarily, charged with the security of society; that the security of life and property belongs peculiarly to the Executive Government; and that all prosecutions ought to be conducted by responsible public officers. The way that we manage it in Ireland is this-the Attorney-General is at the head of the department; then there are a number of Crown solicitors; there is a Crown solicitor for the Dublin district, and there are Crown solicitors for each of the circuits; they are appointed by the Lord Lieutenant, but they hold their office during good behaviour; and though they are appointed by the Lord Lieutenant, he generally consults with the Attorney-General as to their appointment. Then, in addition to the Crown solicitors, there are what are called sessional prosecutors in every county; they are appointed by the Attorney-General. Then there are counsel on each circuit who represent the Attorney-General; generally one or more leading coun

been rejected by the Attorney-General, he does not deem it a fit case, or one with sufficient material for a prosecution; however, it is open to the private prosecutor, and I have known cases so conducted by the private prosecutor."

It

appears also from this evidence that the sessional prosecutor is an attorney; he is paid by a salary, witness thinks inadequately. The theory of the Irish practice is, that the Attorney-General conducts every prosecution, either personally or by some one whom he appoints, and for whom he is responsible; this nominee exercises all his powers. According to the system of Ireland, from the moment a crime is committed there is some public officer who has it in charge to see that justice is administered. Witness, while approving the general system, suggests many reforms in detail, such as the appointment of one Crown solicitor for the whole of each circuit to conduct assize cases, while the sessional prosecutor should remain, as at present, a local person. With reference to the general principle of the system, witness states that it can be made favourable to the improvement of the Bar; that though susceptible of considerable improvement, it works well; that it effectively checks collusion or compromise; and that no unnecessary expense is incurred.

Your Committee are unanimous in thinking that the state of things referred to in the foregoing evidence is greatly defective, and urgently requires amendment.

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,

Your Committee have proceeded to consider the plan by which such amendment may best be effected. The subject divides itself into two branches-first, the preparation of cases for trial; secondly, the conduct of cases at the trial.

As regards the first, we recommend that agents shall be appointed, one to each of a certain number of districts, for the purpose of preparing and conducting prosecutions to the time of trial, as hereafter mentioned. We propose that these districts shall be as coextensive with the jurisdiction of the existing county courts as may be, regard being had to the integrity of counties.

We further propose that the district agents shall be attornies of not less that seven years' standing; that they shall devote their whole time to the duties of their office, abstaining altogether from private practice; that they shall be paid by salaries of 7007. a year each, and 80%. a year for a clerk; that the appointment shall be vested in the Secretary of State for the Home Department for the time being.

The duty of such district agents should be to prepare and conduct prosecutions through the stages preliminary to trial. Where it comes to their knowledge that an offence has been committed, and that no steps have been taken to bring the offender to justice, it will be their duty to take the necessary steps for apprehending or for otherwise bringing the offender before a magistrate; or if the party have been already apprehended, and the case is one of any difficulty or importance, it will be their business to intervene and take upon themselves the further conduct of the prosecution. It will be their business to collect and prepare the evidence; to see that the indictment is properly prepared and brought before the grand jury; to attend before them, if required; and to prepare the brief and instruct counsel at the time of trial: in other words, to discharge all those duties which are now undertaken by an attorney in the conduct of a private prosecution.

It is obvious that in the greater number of cases brought before magistrates for minor offences, the intervention of these officers in the earlier stages may be unnecessary. If the case is plain and the evidence complete, the magistrate will have no difficulty in dealing with it, and in committing the prisoner; it would here be unnecessary to call in the assistance, or to occupy the time, of the district agent. But in more important and difficult cases, which have been brought before magistrates without the aid of the agent having first been sought, we think the magistrates should have the power to call for the intervention of the agent, with a view to the further conduct of the prosecution. In either case we think that when the prisoner is committed for trial, the depositions should be transmitted to the district agent, and upon him should rest the duty and responsibility of taking the case to trial, and of transmitting the depositions to the judge, or other person presiding at the trial. In cases of difficulty the agents should be instructed to communicate with the advising counsel, the appointment of whom your Committee will presently proceed to recommend.

There can be no doubt that in cases of a more difficult and complicated character the district agents would frequently require the advice and assistance of counsel. We recommend that there shall be appointed for each circuit a counsel of not less than ten years' standing, who shall be the advising counsel for that circuit; that to him the agents for the districts within that circuit shall resort for advice and directions in all cases of more than ordinary difficulty; and, as it appears to us that any scheme for conducting public prosecutions should centre in the Attorney-General as the State prosecutor, we recommend that these advising counsel should be instructed to communicate with and act under the directions of the Attorney-General, forming,

as it were, the staff of that officer in the administration of criminal justice.

It further appears to us that the advising counsel, whose appointment we have just been recommending, may be made available in the second stage of the proceeding-namely, the conduct of the prosecution at the trial.

Your Committee have found great difficulty in dealing with this part of the subject. While, on the one hand, they think that any scheme which does not provide for the efficient conduct of the prosecution at the important and critical period of the trial must necessarily be defective, they, on the other hand, are disposed to give weight to the apprehensions entertained by persons high in authority, that the concentration of all the business of prosecuting counsel in a few hands would tend to impair the independence of the Bar, and would deprive the junior members of the Profession of a school for commencing the practice of their Profession, and of the opportunity of emerging from the obscurity of its earlier stages.

Your Committee have thought it advisable to take a middle course. They would recommend, that as regards the ordinary and less difficult business, the present practice as to the employment of counsel should not be departed from; that at the sessions the choice of counsel should be left to the district agent, subject to instructions which will presently be referred to; that, in like manner, at the assizes, in ordinary business, briefs shall be delivered to the counsel practising in the criminal court in each particular district, according to the best opinion which the agent shall be able to form of their competency and fitness, with strict injunctions, however, to the agents, (and which it should be incumbent on the Attorney-General to see enforced), that the selection of counsel shall be honestly and conscientiously made, with a view to the public service, and not from any desire to promote the interest of particular individuals.

Thus much for the ordinary business, in which the employment of a single counsel would be sufficient. In more difficult cases, in which it might be deemed necessary to employ a leading counsel, your Committee would recommend that the advising counsel for the circuit should be employed ex officio. The advising counsel should also be applied to in all cases of difficulty by the agent, who should be bound to act according to his directions; and it should be competent to the advising counsel to intervene ex proprio motu in all cases in which he might deem it necessary to interfere in the conduct of a prosecution on the trial.

We should propose that the counsel employed at the sessions, or as junior counsel at the assizes, by the district agent, should be paid, as at present, by fees.

With reference to the advising counsel, we recommend that they should be remunerated by salaries; but inasmuch as their whole time would not be occupied by the duties we propose to entail on them, and as we do not, therefore, think it necessary to stipulate that they shall abstain from ordinary practice, we are of opinion that a salary of 500l. a year in respect of all services, both of advising and conducting causes, would be a fair and reasonable remuneration.

As these counsel are to act as the assistants and under the immediate control of the Attorney-General, who is to be responsible for the working of the system, we are of opinion that they should be appointed by that officer.

Once appointed, we recommend that they should not be removeable unless by the concurrent decision of the Secretary of State for the Home Department and the Attorney-General.

Your Committee would not, however, go the length of advising that individuals instituting prosecutions should be prohibited from employing their own attor

EXCHANGE ACT, 1855.

nies and counsel, and be compelled to resort exclusively THE SUMMARY PROCEDURE ON BILLS OF to the public prosecutor. We think it should be left open to the private prosecutor to pursue the ordinary course, as at present practised; but with a view to prevent the compromises which the evidence we have taken shews are sometimes resorted to for purposes of By an Order in Council, dated the 24th June, 1856, private interest, and to insure the effective administra- this act is extended and applied to the court of record tion of justice, we would make it compulsory on an naries," established under stat. 6 & 7 Will. 4, c. 106, called "The Court of the Vice-Warden of the Stanattorney employed to conduct a prosecution to give and extended into Devonshire by another act passed notice to the district agent of his intention to prefer in the 18 & 19 Vict. c. 32; and it is ordered that the an indictment, and would give the latter authority to intervene, and, if necessary, to apply to the Court for powers and duties incident to the provisions of the said "Summary Procedure on Bills of Exchange Act, 1855," leave to take up the prosecution, and conduct it to its close. With the same object we recommend, that in with respect to matters in the said court of record, cases where the defendant has not been previously taken shall and may be exercised by the Vice-Warden, or his before a magistrate, no indictment shall be allowed to deputy for the time being, or in their absence by the be preferred without the consent in writing of the At-registrar or one of the registrars for the time being of torney-General having first been obtained; that in all the said court; and that for this purpose the forms of such cases it shall be competent to the Attorney-Ge- proceeding by plaint and by writ of summons used in neral, in any stage of the proceedings, to intervene by the said court shall be made conformable, as near as himself or by his advising counsel for the district; and may be, to the forms contained in the schedules to the that no prosecution, once commenced, shall be aban- for costs under the said act shall be fixed by the Vicesaid last-recited act annexed, and the sum to be fixed doned without the consent of the Attorney-General, or such counsel on his behalf; and no verdict for the defendant, taken by consent of the prosecutor, shall, in such a prosecution, enable the defendant to plead autrefois acquit, unless the Attorney-General or his counsel shall have given his assent thereto.

There is another point to which the attention of your Committee has been directed, and on which much useful evidence has been given-the payment of the witnesses called by the prisoner to prove his innocence. Your Committee are of opinion, that with proper checks and safeguards, the expense of such witnesses ought to be allowed, and that this alteration would remove a manifest imperfection in the present system.

That when a prisoner shall have heard the charge made against him before the justices of the peace, he shall be asked what he has to say to the charge, and whether he has any witnesses to speak to facts in his defence; and if so, the justices shall call them for the prisoner, and should they consider them credible, and necessary for the defence of the prisoner, they shall bind them over to appear at the trial, their evidence being added to the depositions, in which case their expenses shall be paid similarly to the expenses of witnesses for the prosecution; the judge or person presiding at the trial, or the district agent, shall have the like

power.

If after every effort has been made by the district agent, and it should appear to him that the evidence procured is not likely to lead to a conviction, he shall make an application to the Attorney-General to forego the prosecution, and upon receiving his assent, shall notify to the prosecutor and witnesses in the case that they will not be required to appear at the assizes or sessions, before which, had the prosecution been provided with witnesses, they would have been bound to appear. The attention of the Committee has been called to the great discrepancy which exists in the costs of cutions, both in counties and boroughs; and as the whole expense of these is now borne by the public income, they recommend that one set of fees be drawn up by the Secretary of State for the Home Department, applicable to all prosecutions at assizes and sessions in all counties and boroughs.

prose

By the scheme which we have thus pointed out, we are of opinion that an efficient system of public prosecution may be established, and we beg to recommend it to the consideration of the House as a means for placing the administration of criminal justice on a footing more consistent than the present with the necessities of the existing state of society and the requirements of an enlightened jurisprudence.

Warden.

COUNTY COURTS.

By Order in Council, dated the 24th June, 1856, it is ordered, that from the 31st August, 1856—

The parishes of Harlington, Eversholt, Ridgmont, and Tingrith, now in the district of the County Court of Bedfordshire, holden at Leighton Buzzard, shall be in the district of the County Court of Bedfordshire, holden at Ampthill.

The parish of Norton Canes, now in the district of the County Court of Staffordshire, holden at Wolverhampton, shall be in the district of the County Court of Staffordshire, holden at Walsall.

The parishes of Coleshill and Sheldon, now in the district of the County Court of Warwickshire, holden at Birmingham, shall be in the district of the County Court of Warwickshire, holden at Solihull.

The parishes of Over Whitacre and Shustoke, now in the district of the County Court of Warwickshire, holden at Birmingham, shall be in the district of the County Court of Warwickshire, holden at Atherstone.

The parishes of Holme-next-Runcton, Tottenhill, Wormegay, Watlington, and Wiggenhall St. Peters, now in the district of the County Court of Norfolk, holden at King's Lynn, shall be in the district of the County Court of Norfolk, holden at Downham Market.

CORONERS FOR NORFOLK.

By Order in Council, dated the 24th June, 1856, after reciting that it was ordered in April last that the county of Norfolk should be divided into two districts; that one of the districts should be named the "Lynn District," and the other the "Norwich District;" that the town of King's Lynn and the Shirehouse at Norwich Castle should be the respective places at which the courts for the election of coroners should be holden; and that a writ de coronatore eligendo should issue for the election of an additional coroner for the said county; it is ordered, that in lieu of the town of King's Lynn, in the hereinbefore-recited order mentioned, the parish or place of Gaywood, situate in the said Lynn district, in the county of Norfolk, shall be the place at which the courts for the election of coroners for the said district shall be holden.

5

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THE LAW and PRACTICE in EJECTMENT under ceedings preliminary and subsequent to Convictions, and under the

the COMMON-LAW PROCEDURE ACTS of 1852 and 1854, (15 & 16 Vict. c. 76, and 17 & 18 Vict. c. 125); also in Actions of Trespass for Mesne Profits; Actions for Double Value and Double Rent; Actions for Possession in the County Courts; Summary Proceedings before Justices to recover Possession of Small Tenements. Deserted Premises, or Parish Property; and under the Statutes against Forcible Entries and Detainers. With Forms, (above 400). By W. R. COLE, Esq., of the Middle Temple, Barrister at Law.

Henry Sweet, 3, Chancery-lane, Fleet-street.

WILLIAMS ON PERSONAL PROPERTY.
Recently published, the Third Edition, price 16s. cloth,

THE PRINCIPLES of the LAW of PERSONAL
PROPERTY, intended for the Use of Students in Conveyancing.
By J. WILLIAMS, Esq., of Lincoln's-inn, Barrister at Law.
H. Sweet, 3, Chaucery-lane, Fleet-street.

Recently published, a New Edition, being the Fourth, of

18 & 19 Vict. c. 126, relating to Larceny, &c. With Practical Forms
and Precedents of Convictions. The Fourth Edition. By H. T. J.
MACNAMARA, Esq., of Lincoln's-inn, Barrister at Law.

H. Sweet, 3 Chancery-lane; V. & R. Stevens & G. S. Norton, 26, Bell-
yard; W. Maxwell, 32, Bell-yard; Butterworths, 7, Fleet-street.
Just ready, in 1 vol. royal 12mo., price 248. cloth, the Thirteenth
Edition of

ARCHBOLD'S CRIMINAL LAW,

by WELSBY.A SUMMARY of the LAW relating to PLEADING and EVIDENCE in CRIMINAL CASES. With the Statutes, Precedents of Indictments, &c.; the Practice relating to them, and the Evidence necessary to support them. By JOHN JERVIS, Esq., (now Lord Chief Justice of her Majesty's Court of Common Pleas). The Thirteenth Edition. Including the Practice in Criminal Proceedings generally. By W. N. WELSBY, Esq., Barrister at Law, Recorder of Chester. H. Sweet, 3, Chancery-lane; and V. & R. Stevens & G. S. Norton, Bell-yard, Temple-bar.

WILLIAMS'S LAW of REAL PROPERTY.-PRIN- CHEAP LAW

the LAW of REAL PROPERTY; intended as a First Book for the use of Students in Conveyancing. By JOSHUA WILLIAMS, Esq., of Lincoln's-inn, Barrister at Law. In 1 vol. 8vo., price 188. cloth boards.

H. Sweet, 3, Chancery-lane, Fleet-street.

This day is published, in 1 thick vol. 8vo., price 17. 8s. cloth boards,

A COMPENDIUM of the LAW of REAL and PER

SONAL PROPERTY connected with Conveyancing. For the Use of Students and Practitioners. By JOSIAH W. SMITH, B. C. L., Barrister at Law.

"It will be seen from this outline that the work is extremely well

planned; the topics are arranged in the natural order as they flow out of

one another, and thus immensely aid the reader's memory. He writes like a man who is master of his theme, clearly and concisely."-Law Times, Dec. 1, 1855.

V. & R. Stevens & G. S. Norton, Law Booksellers and Publishers, 26, Bell-yard, Lincoln's-inn.

SCOTT'S COSTS IN COMMON LAW, CONVEYANCING, &c.
This day is published, in royal 12mo., price 16s. cloth,

BILLS of COSTS in the SUPERIOR COURTS of

COMMON LAW, also in the Crown Office and the Queen's
Remembrancer's Office, and in Bankruptcy, Insolvency, Conveyancing,
Criminal Prosecutions on Circuit and at Sessions, &c.; including Costs
of Interlocutory Rules and Orders under the Common-law Procedure
Acts, 1852 and 1854, and Bills of Exchange Act, 1855. By JOHN
SCOTT, Esq., Barrister at Law.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
GREENWOOD'S MANUAL OF CONVEYANCING,

This day is published, price 78. Gd. cloth,
MANUAL of the PRACTICE of CONVEYANCING;
A
shewing the present Practice relating to the daily routine of
Conveyancing in Solicitors' Offices. To which are added, CONCISE
COMMON FORMS and PRECEDENTS in CONVEYANCING, Con-
ditions of Sale, Conveyances, and all other Assurances in constant use.
By G. W. GREENWOOD.

London: Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
RUSSELL ON ARBITRATORS.-SECOND EDITION.
This day is published, in royal 8vo., price 11. 10s. cloth,
the POWER and DUTY of
ARBITRATOR; and the Law of Submissions and Awards.
FRANCIS RUSSELL, Esq., Barrister at Law.

A TREATISE on

an

By

London: Stevens & Norton, 26, Bell-yard, Lincoln's-inn; and H. Sweet, 3, Chancery-lane..

BOOKS

on SALE, at WILLIAM
AMER'S, Law Bookseller, Lincoln's-inn-gate, London.
Chalmers' Opinions of Eminent Lawyers, 4 vols., very scarce..
3 10 0
Coke upon Littleton, by Hargrave & Butler, 2 vols., 1832, scarce 2 10 0
Williams' Executors, 2 vols., last edition, 1849
Lewin's Law of Trustees, 1842, scarce
Carner's Crown Practice, with Forms, scarce
Dart's Vendors and Purchasers, 1851
Another Copy, calf, 1853

£ &. d.

2.15 0

120

110

0-86

0 12 0

0 13 0 0 18 0

Smith's Mercantile Law, by Dowdeswell, calf, 1849
Sandars on Uses and Trusts, 2 vols., 1844.

OLDRIDGE'S BALM of COLUMBIA, acknowledged for
the last thirty years to be the most effectual remedy produced for
restoring the Hair, and promoting the growth of Whiskers and Mous-
tachios, has received recently most distinguished patronage, from the
feature it possesses in not soiling the most delicate head-dress or
bonnet.-In bottles, 38. 6d., 68., and 11s. Wholesale and Retail, 13, Wel-
lington-street North, Strand.

LAW FIRE INSURANCE SOCIETY.-Offices, Nos. 5 and 6, Chancery-lane, London.-Subscribed Capital, £5,000,000.

TRUSTEES.

The Right Hon. the Earl of Devon.

The Right Hon. the Lord Chief Baron.

The Right Hon. Sir J. L. Knight Bruce, Lord Justice.

The Right Hon. Sir G. J. Turner, Lord Justice.

The Right Hon. Sir John Dodson, Dean of the Arches, &c.

- William Baker, Esq., late Master in Chancery.
Richard Richards, Esq., Master in Chancery.

Insurances expiring at Midsummer should be renewed within fifteen days thereafter, at the Offices of the Society, or with any of its Agents throughout the country.

The Society holds itself responsible under its Fire Policy for any da mage done by explosion of gas. E. BLAKE BEAL, Secretary.

Orders for THE JURIST given to any Newsman, or letter (postpaid) sent to the Office, No. 3, CHANCERY LANE, or to STEVENS & NORTON, 26, BELL YARD, LINCOLN'S INN, will insure its punctual delivery in London, or its being forwarded on the evening of publication, through the medium of the Post Office, to the Country.

Printed by HENRY HANSARD, at his Printing Office, in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County of Middlesex; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, residing at No. 34, Porchester Terrace, Bayswater, in the County of Middlesex.- Saturday, July 5, 1856.

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