THINGS which are best in their proper use afford at temptations as well as facilities for their abuse; I therefore we need not be surprised that Justice heris sometimes rendered subservient to vile purposes. e have heard of robbery being committed even of a ge's wig; we have known purses disappear during trial of a criminal; and why should not a writ or indictment be ingeniously converted into an instrunt for transferring money from the pocket of one n into that of another? An action at law is not without its anxieties and its penses; it is not agreeable, for instance, to be dedant in a suit for false imprisonment, for slander, or illegal distress, especially when the plaintiff is a uper; but to find oneself presented by the jurors of r Lady the Queen as a criminal, to undergo the ordeal a trial at the Old Bailey, is so repugnant to the feelgs of most persons, although supported by the conousness of innocence, that they would in most instances llingly make a money commutation. It is the knowdge of this fact that renders legal process, especially a criminal nature, available as a mighty engine of pression and extortion. Private individuals, actuated 7 the desire of plunder or revenge, are ready, and often le, to put the law into motion in order to accomVOL. XVIII. UU PRICE 1S. VICE-CHANCELLOR WOOD'S COURT-(Continued). Day v. Day. (Will-Construction-Limitation over of a Gift to one if he die in the Lifetime of two) 1013 COURT OF QUEEN'S BENCH. Harris v. Carter.-(Merchant Shipping-Seamen's Wages Desertion Contract for increased Wages-Authority of Captain to bind Shipowner) 1014 COURT OF COMMON PLEAS. Lease Feret v. Hill (Landlord and Tenant Thompson v. Knowles.-(15 & 16 Vict. c. 76, s. 80- 1014 1017 ........ 1018 plish their base object; they find or they create some ground-work, which, however slight, however rotten, may yet answer the end. Unhappily they can find disreputable members of the legal Profession capable of lending, or rather selling, themselves to private speculations of this character; there are also other members of the Profession who, without intending to do wrong, are equally dangerous-we mean those who enter with such blind and rampant zeal into their client's views, that they disregard all manifestations and proofs of his want of case or want of honesty on the one hand, and of the complete defence which may exist on the other. How easily an indictment may be managed in the manner we have above sketched out has been plainly shewn upon two recent and memorable occasionsone known as The Alleynes' case; the other as The Brighton Card-cheating case. They are worthy of a little consideration, and we propose briefly to state the facts in each. In the former case, an indictment had been preferred against two brothers of the name of Alleyne, and a person of the name of Darcy, (all of whom had been officers in the army), for conspiring to defraud Thomas Blair Kennedy (an officer in the East India Company's service) of 73007. It appeared at the trial that James Alleyne had laid a wager with Kennedy of 73007., that an American mare, of which Alleyne was owner, would trot eighteen miles in the hour. She had really once accomplished this feat, but had become lame since the making of the wager; and now the defendants, knowing that she could not win, made such representations to Kennedy as to the certainty of his losing, that he was actually induced to pay the full sum of 7300% without any trial of the mare's speed being made. The defendants were convicted, and sentenced to various terms of imprisonment, which, however, they evaded by leaving the country. Overtures were now made on their behalf for a compromise, which resulted in the suing out of a writ of error by the defendants, a collusive judgment thereon in their favour, and the payment of 50007. to Kennedy. The prosecutor (Ken REGULA GENERALIS. MICHAELMAS VACATION, 1854. nedy) left for America; but no sooner had he done IT is ordered, that the practice to be observed in tha so than the Alleynes indicted him and his solicitor for conspiring to extort money by means of the compromise. Kennedy now again assumed the offensive, and the consequence was, that the writ of error and judgment upon it were quashed, on the ground that the one had been sued out and the other obtained by collusion. In the other case, a young man of the name of John Hamp, in the full tide of dissipation and extravagance, became the dupe of sharpers, and having been cheated at cards out of a large sum of money, prosecuted and convicted two of them. He was also bound over in the sum of 500l. to prosecute a third person, (John Broome); but again falling among his former associates, he was induced to make an affidavit contradicting all that he had sworn before the magistrate. He was therefore in the position that he must either forfeit his recognisances or be indicted for perjury. His uncle, a highly respected clergyman in Gloucestershire, now appeared upon the scene. Alarmed at the danger in which his nephew was placed, he did not oppose an arrangement that was new brought forward, namely, that Hamp should forbear further prosecution, should forfeit 100%. of his recognisances, and receive 4001. The cheque, on a bank in Birmingham, for 400l. was handed to the uncle, and almost before the ink with which it had been signed was dry, payment of it had been stopped in Birmingham by means of the electric telegraph! The next step was an indictment, by the wife of the man who should have been prosecuted, against Hamp and the clergyman, who should have prosecuted him. The jury had no alternative but to find the defendants guilty of having compromised a criminal offence, but they expressed their unanimous opinion that they had been "the victims of a base and infamous conspiracy." The Court very properly postponed judgment sine die. These are but two instances dragged to light of the corrupt use which is often made of the law. How many exist which are never known to the public! superior courts of common law at Westminster, wit tained in the Common-law Procedure Act, 1852, and k 2. Every affidavit to be hereafter used in any caner The remedy for such a state of things is not very clear fraud is not easily guarded against at all points, and we doubt whether even the appointment of a public prosecutor would be found effectual against the recurrence of these "base and infamous conspiracies." We know something, however, of the extent of the evil, which is the first step towards its redress. The publication of the facts of the above cases may probably tend to counteract the compromise of offences, by proving to those who are parties to such arrangements how completely they put themselves at the mercy of others, whose only object is the extortion of further plunder. COURT OF EXCHEQUER. MICHAELMAS TERM.-18 VICTORIA.-Nov. 24, 1854. JOHN JERVIS. E. H. ALDERSON. Nov. 27, 1854. C. CRESSWELL. FORMS OF PROCEEDINGS. The forms of proceedings contained in the Schedul hereunder may be used in the cases to which they are applicable, with such alterations as the nature of the action, the description of the court in which the action is depending, the character of the parties, or the cit cumstances of the case may render necessary; but any variance therefrom, not being in matter of substance, shall not affect their validity or regularity. SCHEDULE. 1. Issue of Fact to be tried by a Judge without a Jury. [Proceed as in an issue to be tried by a jury, as in ordinary cases, until the joinder of issue, and then thus:] And the parties aforesaid having, by consent in writing duly signed, left the decision of the said issue [r] "issues"] to the Court, it was on the -day of by a rule of this Court [or "by an order of the 18-, (date of rule or order for allowance of trisi, Honourable Sir Knight, one of her Majesty's justices of her Court of Queen's Bench or Commen Pleas," or "one of the barons of her Majesty's Court of Exchequer," as the case may be], ordered that such trial should be allowed: therefore let the same be had accordingly. 2. Subpoena thereon, and in other Cases. [The same as the form now in use, but in all cases omi the words "by a jury."] 3. Nisi Prius Record therein. [The same as the form already directed by rule of Hilary Term, 1853.] 4. Postea therein, on a Verdict for the Plaintiff on all t'e Issues, where the Cause is tried in London or Middie sex, and where the Defendant appears at the Trial. Afterwards, on the day of 18-, (the firs day of the sittings or the day of the trial), at the Guildhall of the city of London [or at Westminster Hall in the county of Middlesex"], before Sir, Knight, one of her Majesty's justices of her Court of Queen's Bench [or "Common Pleas," or 66 one of the barons er Majesty's Court of Exchequer," as the case may ; or if tried before the Chief Justice or Chief Baron, ate the fact, as in the prescribed form of postea on a ial before a jury; if tried before two judges, state the ames of both, and of the court of which they are judges], ome the parties within mentioned, by their respective ttornies within mentioned, for the trial of the said sue [or "issues"], and the said judge [or "baron," "chief justice," or "chief baron," as the case may ] decides the said issue [or "each of the said issues"] a favour of the plaintiff, [or the decision may be stated the affirmative or negative words of the issue, as, for cample, thus: " And the said judge [or " baron"], as to he first issue within joined, decides that the defendant id promise as within alleged; and as to the second ssue within joined, the said judge [or "baron"] decides hat the defendant did not satisfy and discharge the laintiff's claim by payment, as within alleged"]; and he said judge [or "baron"] assesses the damages of he plaintiff, on occasion of the premises within comlained of, over and above his costs of suit, to £-Omit the assessment of damages if none made]: Therefore &c. 5. The like where the Trial was at the Assizes. Afterwards, on the day of - 18—, (the commission day of the assizes), at —, in the county [or "city"], at the assizes there holden in and for the said County [or "city"], before Sir --, Knight, one of her Majesty's justices of her Court of [or "one of the parons of her Majesty's Court of the Exchequer," as the case may be], come the parties, &c. [Conclude as In the preceding form.] - 3. The like where one Issue is found for the Plaintiff and another for the Defendant, the latter going to the whole Action. [Proceed as in the preceding forms of postea to the tatem nt of the appearance of the parties at the trial, and then thus:] And the said judge [or "baron," or "chief justice," or "chief baron," as the case may be] decides the first issue within joined in favour of the plaintiff; and he decides the second issue within joined in favour of the defendant, [as the case may be; or the decision may be stated in the affirmative or negative of each issue, as directed in the preceding form]: Therefore &c. 7. Judgment thereon for the Plaintiff. [Copy the issue, and then proceed thus:] Afterwards, on the day of, 18, (day of signing final judgment), come the parties aforesaid, by their respective attornies aforesaid, and Sir Knight, one of her Majesty's justices of her Court of [or "one of the barons of her Majesty's Court of Exchequer," as the case may be; or if tried before the Chief Justice or Chief Baron, state the fact as in the prescribed form of postea in a trial before a jury; if tried before two judges, state the names of both, and of the court of which they are judges], by whom the said issue was [or "issues were"] tried, hath [or "have"] sent hither his [or "their"] record had before him [or "them"] in these words: Afterwards, &c. [copy the postea]: Therefore it is considered that the said plaintiff do recover against the defendant the said monies by the said judge [or "baron," or "chief justice," or "chief baron," as the case may be] so assessed, and £- for his costs of suit. [In the margin of the roll, opposite the words "Therefore it is considered," write "Judgment, signed the day of inserting the day of signing the judgment.] A.D. 8. Execution thereon. [The same as in ordinary cases.] 9. Writs of Execution where the Court or a Julge decides on Matters of Account. [The same as in ordinary cases of execution on a judg 66 ment, except that instead of the writ stating the money to be levied as having been recovered by a judment, and omitting the direction to levy interest, say, “£, which by a rule of our Court of Queen's Bench [or "Common Pleas," or "by an order of Sir, Knight, one of our justices of our Court of Queen's Bench or Common Pleas," or "one of the barons of our Exchequer," as the case may be], dated the day of —————, 18—, made in pursuance of the 3rd section of the Commonlaw Procedure Act, 1854, in an action commenced in our said Court of at the suit of A. B. [or "the said A. B.," if before mentioned] against the said C.D., was ordered to be paid by the said C.D. to the said A.B." [as the case may be, following the terms or substance of the rule or order.] [If costs were ordered to be paid, then the direction to levy them may be thus: "together with certain costs in the said rule [or "order"] mentioned, which said costs were afterwards, on the day of, 18-, taxed and allowed by our said Court of, at £-"] [If the rule or order directs that interest shall be paid, then the direction to levy it may be thus: "together also with interest on the said sum of £- at the rate of £- per cent. from the said day of, 18-," as the case may be, according to the rule or order.] 10. Writs of Execution where Matter of Account is referred to and decided on by an Arbitrator, Officer of the Court, or County Court Judge. £ [The same as directed in the preceding form, but instead of stating the lery to be of money ordered by a rule or order to be paid, say, which by an award [or "certificate"] dated the day of 18-, (date of award or certificate), made by E. F., Esquire, an arbitrator appointed by the parties [or, "by E. F., Esquire, one of the Masters (or other officer, naming his the judge of the County Court of office) of our Court of," or by E. F., Esquire, may be], pursuant to the 3rd section of the Commonlaw Procedure Act, 1854, was awarded [or certified"] to be due and payable from the said C.D. to the said"] A.B." "" as the case 11. Special Case for the Opinion of the Court under Sect. 4 of the Common-law Procedure Act, 1854, where the Allowance or Disallowance of a particular Item or Items depends on a Question of Law. "Ex In the Queen's Bench [or "Common Pleas" or chequer."] Between sA.B., Plaintiff, and C.D., Defendant. 18 The following case is stated for the opinion of the Court, under a rule of the Court [or order of the Honourable Mr. Justice," or "Baron -"] dated the day of made pursuant to the. 4th section of the Common-law Procedure Act, 1854. [Here state the material facts of the case bearing upon the question of law to be decided.] The question [or "questions"] for the opinion of the Court is [or "are"]: First. Whether [&c.] Second. Whether [&c.] judge. In some cases it may be advisable to state an inducement before stating the question in dispute.] [If there be more than one question to be decided, state it thus: "and the said plaintiff [or defendant"] also affirms, and the defendant [or "plaintiff"] also denies, that &c.] And it has been ordered by the Court [or "by the Honourable Mr. Justice or "Baron ."] that the said question [or "questions"] shall be tried by a jury therefore let the same be tried accordingly. 13. Postea thereon. [The same as in ordinary cases, except that there is no assessment of damages.] 14. Special Case stated by an Arbitrator under Sect. 5 of the Common-law Procedure Act, 1854. [In the special case the arbitrator must state whether the arbitration is under a compulsory reference under the act, or whether it is upon a reference by consent of the parties, where the submission has been or is to be made a rule or order of one of the superior courts of law or equity at Westminster. In the former case the award must be intitled in the court and cause, and the rule or order of the Court must be set forth. In the latter case the terms of the reference relating to the submission being made a rule or order of Court must be set forth.] 15. Judgment thereon when a Judgment has been [Copy the special case, and then proceed thus:] Afterwards, on the day of -, 18-, come here the parties aforesaid, and the Court is of opinion that [state the opinion of the Court on the question or questions stated in the case, in the affirmative or negative, as the case may be.] Therefore it is considered that the plaintiff do recover against the defendant the said £- and L- for his costs of suit. [In the margin, opposite the words "Therefore it is considered" &c., write "Judgment, signed the day of, 18-," inserting the day of signing final judgment.] 16. Postea, where the Judge, upon the Trial of an Issue in Fact before him, under Sect. 1, directs an Arbitration as to Part of the Claim, under Sect. 6 of the Commonlaw Procedure Act, 1854. [Proceed as in the above prescribed form of postea No. 4 or 5, as the case may be, to the statement of the appearance of the parties at the trial inclusive, and then proceed thus:] And as to the plaintiff's claim in the count of the declaration within mentioned [as the case may be], it appears to the said judge [or “baron"] that the questions arising thereon involve matter of account which cannot conveniently be tried before him ; and hereupon the said judge [or" baron"] orders that the plaintiff's claim in the said count in the declaration mentioned be referred to E. F., of Esquire, an arbitrator appointed by the said parties [or "to E. F., Esquire, being one of the Masters of the Court of Queen's Bench," or "Common Pleas," or "Exchequer of Pleas," (or other officer of the court, stating his office), or "to E. F., Esquire, being the judge of the County Court of upon the terms that &c. [set forth the terms of the order], and the said judge [or baron"] decides each of the said issues, except those relating to the said count of the declaration, in favour of the plaintiff [or the statement of the decision may be in the affirmative or negative words of the issue, as, for example, thus:] "And the said judge [or "baron"], as to the first issue within joined, decides that the defendant is guilty as within in the count of the declaration alleged; and as to the second issue within joined, the said judge [or "baron "] decides that the defendant did not commit the acts within in the count of the declaration alleged by the plaintiff's leave." And the said judge [or "baron"] assesses the damages of the plaintiff, on occasion of the premises within in the count of the declaration complained of, over and above his costs of suit, to £ [Omit the assessment of damages, if none made.] Therefore &c. 17. Writ of Habere Facias Possessionem, on a Rule t deliver Possession of Land pursuant to an Award. Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the Sheriff of greeting. We command you that you omit not by reason of any liberty of your county, but that you enter the same, and without delay you cause A. B. to have possession of [here describe the lands and tenements as in the rule for the delivery of possession], and which lands and tenements, by a ruled of our Court of Queen's Bench [or "Common Pleas," or Exchequer of Pleas"], dated the day of 18-, made pursuant to the 16th section of the Common-law Procedure Act, 1854, E. F. (the party named in the rule) was ordered to deliver possession t the said A. B.; and in what manner you have executed this our writ make appear to us [or in Common Plecz, "to our justices," or in Exchequer, "to the barons of our Exchequer"], at Westminster, immediately after the execution hereof; and have you there then this writ. at Westminster, the day of in the year of our Lord 66 Witness 18. Judgment for the Plaintiff on a Special Case stated under Sect. 32 of the Common-law Procedure Ac, 1854. [Copy the special case, and then proceed thus:] Afterwards, on come here the parties aforesaid by their respective attornies aforesaid, and the Court is of opinion that &c. [state the opinion of the Court on the question or questions stated in the case.] Therefore it is considered that the plaintiff do recover against the defendant the said £, and £- for his costs of suit. [In the margin, opposite the words "Therefore it is considered" &c., write "Judgment, signed the day of, 18-," inserting the day of signing fina judgment.] 19. Judgment of Affirmance by Court of Error in Eschequer Chamber on a Special Case. [Copy to the end of the judgment on the roll in the action, and then proceed thus:] Afterwards, on (the day of lodging the note of error), the defendant or "plaintiff"] delivered to one of the Masters of the Court here a memorandum in writing in the form required by and according to the statute in that case made and provided, alleging that there was error in law in the record and proceedings aforesaid; and afterwards, on (the day of making the entry of the suggestion on the roll), the defendant [or "plaintiff"] said that there was no error therein; and thereupon, afterwards, on (the day of giving judgment in the Exchequer Chamber), in the Court of Exchequer Chamber of our Lady the Queen, before the justices of the Common Bench of our said Lady the Queen and the barons of her Exchequer, [or if the error be on a judgment of Common Pleas, say "before the justices of our Lady the Queen assigned to hold pleas in the court of our said Lady the Queen before the Queen herself and the barons of her Exchequer;" or if the error be on a julgment of the Exchequer, say, "before the justices of our Lady the Queen assigned to hold pleas in the court of our Lady the Queen before the Queen herself and the justices of the Common Bench of our said Lady the Queen"], come as well the plaintiff as the defendant, by their respective attornies aforesaid, and it appears to the said Court of Error in the Exchequer Chamber that there is no error in the record and proceedings aforesaid, or in giving the judgment aforesaid; therefore it is considered by the said Court of Error that the judgment aforesaid be in all things affirmed, and stand in full force and effect, the said causes above for error suggested in any wise notwithstanding; and it is Further considered by the same Court that the said plaintiff do recover against the defendant £- for his lamages and costs which he had sustained and expended oy reason of the delay of execution of the judgment foresaid, on pretence of the prosecution of the said proceedings in error, and that the plaintiff have execuion thereof. &c. in satisfaction as aforesaid, and that you do all such 20. Judgment of Reversal in the like Case. [The same as the preceding form to the asterisk*, and then thus.] And it appears to the said Court of Error 23. Ca. Sa. in the like Case. that there is manifest error in the record and proceedngs aforesaid, and in giving the judgment aforesaid: dom of Great Britain and Ireland, Queen, Defender of Victoria, by the grace of God of the United Kingtherefore it is considered by the said Court of Error the Faith, to the Sheriff of hat the judgment aforesaid for the errors aforesaid bemand you that you omit not by reason of any liberty greeting. We comreversed, annulled, and altogether holden for nought, in your county, but that you enter the same, and take and that the said defendant be restored to all things E. F., if he be found in your bailiwick, and him safely which he hath lost by occasion of the said judgment, keep, so that you may have his body before us [or in Common Pleas, "before our justices." or in Exchequer, 21. Judgment of Court of Appeal in Exchequer Chamber" before the barons of our Exchequer"], at Westminster, on a Disposal of the Appeal in the Plaintiff's Favour, immediately after the execution hereof, to satisfy where Judgment for him had been given in the Court A. B. £- -, being the amount [or "part of the below, under the 41st and 42nd Sections of the Com- amount," if the debt be more than the judgment debt] of mon-law Procedure Act, 1854. a debt due from the said E. F. to C. D., heretofore attached in the hands of the said E. F. by an order of Sir, Knight, one of our justices of our Court of Queen's Bench [or "one of our justices of our Court of Common Pleas," or "one of our barons of the Exchequer"], dated (date of order), pursuant to the statute in such case made and provided, to satisfy [or towards satisfying," if the debt be less than the judgment debt] £, which the said A. B. lately in our said Court of Queen's Bench [or "Common Pleas," or "Exchequer of Pleas," as the case may be] recovered against the said C. D., whereof the said C. D. is convicted; and have you there then this writ. Witness at Westminster, the day of in the year [Copy the case for the appeal as stated by the parties, and then proceed thus:] Afterwards, on- (the day of giving judgment of Court of Appeal), in the Court of Exchequer Chamber of our Lady the Queen, before the justices of the Common Bench of our Lady the Queen and the barons of her Exchequer, [or if the appeal be from the Common Pleas, say, "before the justices of our Lady" the Queen a-signed to hold pleas in the court of our Lady the Queen before the Queen herself and the barons of her Exchequer;" or if the appeal be from the Exchequer, say, “before the justices of our Lady the Queen assigned to hold pleas in the court of our Lady the Queen before the Queen herself and the justices of the Common Bench of our said Lady the Queen"], come the parties aforesaid, by their respective attornies aforesaid; and the said Court of Appeal decide that &c. [state the decision of the Court upon the questions raised by the case on appeal]; and it is considered by the said Court of Appeal that the plaintiff do recover against the defendant £- for his costs which the plaintiff hath sustained and expended in the said appeal, and that the plaintiff have execution thereof. 1 - 22. Fi. Fa. against a Garnishee, under the 63rd Section Our 1 of our Lord 24. Writ against Garnishee to shew Cause why the Judgment Creditor should not have Execution against him for the Debt disputed by him. being Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to E. F. greeting. We command you that within eight days after the service of this writ upon you, inclusive of the day of such service, you appear in our Court of Queen's Bench [or "Common Pleas," or " Exchequer of Pleas"] to shew cause why A. B. should not have execution against you for £ the amount [or "part of the amount," if the debt exceeds the judgment debt] of a debt due from you to C. D., to satisfy [or "towards satisfying," if the debt be less than the judgment debt] £- which on the day of —, 18—, (date of judgment), the said A. B. by a judgment of our Court of Queen's Bench [or "Common Pleas," or "Exchequer of Pleas"] recovered against the said C. D., and for costs of suit in this behalf; and take notice, that in default of your so doing, the said A. B. may proceed to execution. Witness at Westminster, the day of in the year of our Lord "This [The following indorsement must be made on the writ :] This writ was issued by P. A. [plaintiff's attorney's name in full] of [place of his abode in full; also if sued out as agent for an attorney in the country, here say, as agent for A. A. of -"], attorney for the said A. B. [or if sued out by the plaintiff in person, writ was issued in person by the plaintiff within named, who resides at mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of the plaintiff's residence, if any such there be.] The plaintiff claims £ [the amount of the debt |