safe Custody Persons charged therewith,' if he or they shall see cause thereupon to commit such person to take his trial for such offence, shall commit him to the same prison to which he would have been committed o take his trial at the next court of Oyer and Terminer and general gaol delivery if the offence had been committed on land within the jurisdiction of the same justice or justices, and shall have authority to bind by recogsance all persons who shall know or declare any thing material touching be said offence to appear at the said next court of Oyer and Terminer and eneral gaol delivery, then and there to prosecute or give evidence against he party accused, and shall return all such informations and recognizances to the proper officer of the court in which the trial is to be, at or before the opening of the court; and every such offender shall be arraigned, ned, and sentenced as if the offence had been committed within the ounty, riding or division for which such court shall be holden."

Admiralty.

Court, or prevent

Sect. 4 provides, and declares, and enacts, "That nothing herein Not to affect patained shall affect the jurisdiction, belonging to the Central Criminal Central Criminal bart for the trial of persons charged with offences committed on the high the issue of and other places within the jurisdiction of the admiralty of England, special commis. to restrain the issue of any special commission under the first-recited for the trial of such offenders, if need shall be."

sions.

Aliens.

Br the 7 & 8 Vict. c. 66, intituled "An Act to amend the Laws relating 7 & 8 Vict. c. 66. Aliens," [6th August, 1844,] reciting that "It is expedient that the now in force affecting aliens should be amended, and that her Besty should be enabled to grant to aliens the rights and capacities of sh subjects, under such regulations and with such restrictions and tions as are hereinafter provided: and that an act of parliament was and passed in the twelfth year of the reign of his late majesty king am the Third, intituled · Ån Act for the further Limitation of the

own, and better securing the Rights and Liberties of the Subject;' and 12 & 13 Will. III ther act of parliament was made and passed in the first year of the c. 2.

recited acts incon

of his late majesty king George the First, intituled, An Act to i Geo. 1. sess. plain an Act made in the Twelfth Year of the Reign of King William c. 4. Third, intituled " An Act for the further Limitation of the Crown, and er securing the Rights and Liberties of the Subject;"' and another act parliament was made and passed in the fourteenth year of the reign of late majesty king George the Third, intituled, 'An Act to prevent cerInconveniences that may happen by Bills of Naturalization,' it is 14 Geo. III. c. 84 refore enacted, "That such parts of the said recited acts of parliament Provisions of are inconsistent with the provisions of this act shall be repealed." sistent herewith Bert. 2. "That so much of the said act of the first year of the reign repealed. ing George the First as provides, that no person shall hereafter be certain provision tralized unless in the bill exhibited for that purpose there shall be a of 1 Geo. I. c. 4, e or particular words inserted to declare that such person shall not repealed. reby be enabled to be of the privy council, or a member of either se of parliament, or to take any office either civil or military, or to any grant of lands, tenements, or hereditaments from the crown to self or any other person in trust for him, and that no bill of naturalion shall hereafter be received in either house of parliament unless such se or words be first inserted, be repealed."

Sect. 3. "That every person now born, or hereafter to be born, out of Every person majesty's dominions, of a mother being a natural born subject of the born of a British mother capable ted Kingdom, shall be capable of taking to him, his heirs, executors, of holding real or administrators, any estate, real or personal, by devise or purchase, or personal estate. inheritance of succession."

Sert. 4. "That from and after the passing of this act every alien, being Alien friends may the subject of a friendly state, shall and may take and hold, by purchase, hold every species

2.

Aliens.

erty except

chattels real. Subjects of a

friendly state may for the purpose of residence, &c.

hold lands, &c.

gift, bequest, representation, or otherwise, every species of personal property, except chattels real, as fully and effectually to all intents and purof personal pro- poses, and with the same rights, remedies, exemptions, privileges, and capacities, as if he were a natural born subject of the United Kingdom.". Sect. 5. "That every alien now residing in, or who shall hereafter come to reside in, any part of the United Kingdom, and being the subject of a friendly state, may, by grant, lease, demise, assignment, bequest, repre sentation, or otherwise, take and hold any lands, houses, or other tene ments, for the purpose of residence or of occupation by him or her, his or her servants, or for the purpose of any business, trade, or mandfacture, for any term of years not exceeding twenty-one years, as fully and effectually to all intents and purposes, and with the same right remedies, exemptions, and privileges, except the right to vote at election for members of parliament, as if he were a natural born subject of th United Kingdom."

twenty-one years.

Aliens to become naturalized upon

obtaining certifi cate, taking prescribed oath, and becoming residents in the

Sect. 6. "That upon obtaining the certificate and taking the oath here inafter prescribed every alien now residing in, or who shall hereafter com to reside in, any part of Great Britain or Ireland with intent to settl therein, shall enjoy all the rights and capacities which a natural born sub ject of the United Kingdom can enjoy or transmit, except that such alig United Kingdom. shall not be capable of becoming of her majesty's privy council, nor member of either house of parliament, nor of enjoying such other right and capacities, if any, as shall be specially excepted in and by the certi ficate to be granted in manner hereinafter mentioned."

Aliens desirous of

ized to present a memorial.

Memorial to be

Sect. 7. "That it shall be lawful for any such alien as aforesaid to prebecoming natural- sent to one of her majesty's principal secretaries of state a memorial stating the age, profession, trade, or other occupation of the memorialist and the duration of his residence in Great Britain or Ireland, and all othe the grounds on which he seeks to obtain any of the rights and capacitie of a natural born British subject, and praying the said secretary of stati to grant to the memorialist the certificate hereinafter mentioned." Sect. 8. "That every such memorial shall be considered by the sal considered by the secretary of state, who shall inquire into the circumstances of each case secretary of state and receive all such evidence as shall be offered, by affidavit or otherwise as he may deem necessary or proper for proving the truth of the allega may issue a certi- tions contained in such memorial; and that the said secretary of state, i he shall so think fit, may issue a certificate, reciting such of the content of the memorial as he shall consider to be true and material, and granting to the memorialist (upon his taking the oath hereinafter prescribed) all th rights and capacities of a natural born British subject, except the capacity of being a member of the privy council or a member of either house parliament, and except the rights and capacities (if any) specially excepted in and by such certificate."

for the home department; who

ficate.

Certificate to be

Sect. 9. 66

That such certificate shall be enrolled for safe custody as of enrolled in court record in her majesty's high court of Chancery, and may be inspected, and copies thereof taken, under such regulations as the lord high chancellor shall direct."

of Chancery.

Oath to be taken.

Sect. 10. "That, within sixty days from the day of the date of such certificate, every memorialist to whom rights and capacities shall be granted by such certificate shall take and subscribe the following oath: (that is to say),

'I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to her majesty Queen Victoria, and will defend her to the utmost of my power against all conspiracies and attempts whatever which may be made against her person, crown,or dignity; and Iwill do my utmost endeavour to disclose and make known to her majesty, her heirs and successors, all treasons and trai torous conspiracies which may be formed against her or them; and I do faithfully promise to maintain, support, and defend to the utmost of my power, the succession of the crown, which succession, by an act, intituled An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject,' is and stands limited to the Princess Sophia, Electress

of Hanover, and the heirs of her body, being Protestants, hereby utterly resouncing and abjuring any obedience or allegiance unto any other person claimng or pretending a right to the crown of this realm. So help me God.' rhich oath shall be taken and subscribed by such memorialist, and shall * duly administered to him or her, before any of her majesty's judges f the court of Queen's Bench or court of Common Pleas or court of Exchequer, or before any master or master extraordinary in chancery; nd that the judge or master or master extraordinary in chancery, whether England or in Ireland, before whom such oath may be administered, shall grant to the memorialist a certificate of his or her having taken and subscribed such oath accordingly; and such certificate shall be signed by the judge, master or master extraordinary in chancery, before whom such ath shall be administered."

Aliens.

7 & 8 Vict. c. 66.

Sect. 11. "That the several proceedings hereby authorized to be taken Proceedings for or obtaining such certificate as aforesaid shall be regulated in such obtaining certifitanner as the secretary of state shall from time to time direct."

cate.

Sect. 12. "That the fees payable in respect of the several proceedings Amount of fees ereby authorized shall be fixed and regulated by the commissioners of to be payable. er majesty's Treasury."

years to enjoy

Sect. 13. "That all persons who shall have been naturalized before the Naturalized perpassing of this act, and who shall have resided in the United Kingdom sons resident five during fire successive years, shall be deemed entitled to and shall enjoy rights as aliens. all such rights and capacities of British subjects as may be conferred on thens by the provisions of this act."

rights.

Sect. 14." Provided always, and be it enacted, That nothing in this act Act not to affect ball prejudice, or be construed to prejudice, any rights or interests in pre-existing or in equity, whether vested or contingent, under any will, deed, or ettlement executed by any natural born subject of Great Britain and reland before the passing of this act, or under any descent or representaion from or under any such natural born subject who shall have died before the passing of this act.”

aliens.

Sect. 15." That nothing herein contained shall be construed so as to Act not to take fake away or diminish any right, privilege, or capacity heretofore lawfully away rights of possessed by or belonging to aliens residing in Great Britain or Ireland, far as relates to the possession or enjoyment of any real or personal property, but that all such rights shall continue to be enjoyed by such diens in as full and ample a manner as such rights were enjoyed before the passing of this act."

subjects deemed

Sect. 16. "That any woman married or who shall be married to a Women married natural born subject or person naturalized shall be deemed and taken to to natural born be herself naturalized, and have all the rights and privileges of a natural naturalized. born subject."

Amendment.

AFTER an indictment has been preferred at the Central Criminal Court Amendment. and removed by certiorari into the Queen's Bench Court, and set down for trial at the sittings, having the venue such as is prescribed by 4 & 5 Will. IV. c. 36, s. 3, and no other, the court will by consent order an amendment to be made in the venue, both in the margin and body of such indictment, in order to admit of its being tried by a London or Middlesex jury. (Reg. v. Lord Ashburton, 13 Law J., Rep. N.S., Mag.

Cas. 40.)

America.

See post, "Foreign Country."

Appeal.

Apprentices.

Appeal.

WHERE the sessions have jurisdiction over an appeal against an order of removal, and having quashed the order make a special entry on the records, " quashed, not on the merits," the Queen's Bench will not interfere and direct a mandamus to erase such entry, although the order was quashed on an objection which went to the merits. (Ex parte the Overseers of the Township of Ackworth, 13 Law J., Mag. Cas. 38.)

It is not an objection to a notice of appeal against an order of removal that such notice does not mention the names of the justices who mate the order. (Reg. v. The Inhabitants of West Houghton, 13 Law J., N.S Mag. Cas. 41.)

The court of quarter sessions should not in a special case al questions of the court, with a view to a re-hearing of the case. (Id.)

A notice, and statement of grounds of appeal, purported to be signed by one churchwarden and two overseers; one of those, however, who signe as overseers, being the same person who had signed as churchwarden:Held, that the respondents could not set up as an objection to the hearing of the appeal, the irregularity in the appointment of the officers of appellant parish, that parish being bound by the notice. (Reg. v. Th Inhabitants of Leominster, 13 Law J., N.S., M. C. 54.)

If, upon an objection to the examination, or grounds of appeal, the they are not sufficiently particular to enable the parties respectively to gu into their case, the justices consider the matter so doubtful as to grant a case upon the point, they should, nevertheless, proceed to hear the evidence, and decide upon the appeal, subject to a case; but if they entertain no doubt that the objection is a valid one, and therefore decid that the party cannot be admitted to prove his examination or ground of appeal (whichever it may be) no case should be granted. (Reg. Justices of Kesteven, 13 Law J., N.S., Mag. Cas. 78.)

Upon receipt of notice and grounds of appeal, the respondents obtaine an order of supersedeas, which they served upon the appellants, an afterwards tendered two guineas for costs, which the appellants refuse to accept. The appellants went to the sessions, and applied to enter the appeal, in order to get their costs, but the court refused to allow the entry A rule nisi having been obtained for a mandamus to the justices to ente the appeal, the affidavits in opposition stated a standing order of the cour of quarter sessions, by which it was ordered that the sum of 30s. only, and for costs and expenses, should be allowed in appeals against orders removal tried in the said court, to either party :-Held, that the appellant were entitled to have had their appeal entered, and that the real amoun of costs should be considered, notwithstanding the above order. (Re v. the Justices of Merionethshire; Llangar v. Ďyncio, 13 Law J., N. 8. M. C. 114).

Though the statute 8 & 9 Will. III. c. 30, s. 3, empowers justices at ses sions to order the payment of costs by parties who have given notice appeal, yet where notice of appeal against an order of removal was sent and the appeal was afterwards countermanded, and the appeal being entered by the respondents, the sessions by their order confirmed the order of removal, and also directed the payment, by the appellants, of the respondents' "costs and charges of attending the sessions, to support their said order" :-Held, that the order of confirmation being bad, the order as to costs, being ancillary to the order of confirmation, was bad also. (R. v. Inhabitants of Stoke Bliss, 13 L. J., N. S., M. C. 151).

Apprentices.

THE father of an apprentice covenanted in the indenture to provide his son with washing, &c.; after that the master suggested that the father

ould allow the son 201. a year, and the master supply the son with Apprentices. shing, &c., and the son pay him for it. This was acceded to; and the ister accordingly supplied the washing, &c. :-It was held, that the ster could not recover in an action of covenant on the indenture inst the father, for his not providing the son with washing, &c., if the ster provided the washing, &c., by agreement on the credit of either father or the son; and that, in an action on the covenant, a plea of formance by the father was supported by proof of these facts. (Blackne v. Davis, 1 Car. & Kir. 167.)

scribe the duties

neglecting to fulfil

prentices instead

By statute 6 & 7 Vict. c. 101, s. 12, it is enacted, "That the poor law Poor law commismissioners may, by order under their hands and seal, prescribe the sioners to preres of the masters to whom poor children may be apprenticed, and of poor apprenterms and conditions to be inserted in the indentures by which such tices, and masters ildren may be so bound as apprentices; and every master of such them liable to prentice who wilfully refuses or neglects to perform any of such terms penalty. conditions so inserted in any such indenture shall be liable, upon contion thereof before any two justices, to forfeit any sum not exceeding 1.; and that after the first day of October next no poor child shall be and apprentice by the overseers of any parish included in any such Guardians to bind hon or subject to a board of guardians under the provisions of the first- poor children apated act, but it shall be lawful for the guardians of such union or of overseers. rish respectively to bind any such poor child to be an apprentice, and such case the indentures of apprenticeship shall be executed by the id guardians, and shall not need to be allowed, assented to, or executed any justice or justices of the peace, and the guardians shall have all powers for binding or assigning any such apprentice which are now ssessed by overseers, and shall cause all apprentices so bound or ned by them to be registered by their clerk according to the form scribed by the statute of the forty-second year of the reign of king orge the Third relating to the registration of parish apprentices, so far he same may be applicable to such binding or assignment: Provided rs, that nothing herein contained shall directly or indirectly interfere a the provisions of any act of parliament relating to apprentices to be end to the sea service.'

abolished.

c. 2.

Sect. 13. "That after the passing of this act so much of an act passed Compulsory the forty-third year of the reign of Elizabeth, intituled 'An Act for the apprenticeship ef of the Poor,' and so much of an act passed in the session held in eighth and ninth years of the reign of king William the Third, inti- Repeal of 43 liz led An Act for supplying some defects in the Laws for the Relief of 8 & 9 Will. III. e Poor of this Kingdom,' or of any other act of parliament, whether c. 3. neral or local, as compels any person to receive any poor child as an prentice, shall be and is hereby repealed."

Art Unions.

By the 7 & 8 Vict. c. 109, intituled "An Act to indemnify Persons 7 & 8 Vict. c. 109 onected with Art Unions, and others, against certain Penalties," 5th September, 1844,] reciting that " certain voluntary associations have een formed in various parts of the United Kingdom, under the name f Art Unions, for the purchase of pictures and other works of art, to be fterwards allotted and distributed, by chance, lot, or otherwise, among he several members, subscribers, or contributors constituting or forming art of such associations, or for raising sums of money by subscription, to be distributed by lot as prizes amongst the members, subscribers, or contributors forming part of such associations, on the condition, nevertheless, that such prizes be expended solely and entirely in the purchase of pictures or other works of art: and that other persons, either conjointly or separately, have also obtained funds from subscribers, on condition of such persons distributing by lot or otherwise certain pictures,