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1839

at Bud Laus, da

: LibaA LOMDAHIL

YA
Jervis's Acts,
11 & 12 VICTORIA, cc. 42, 43, & 44 ;

LIBRARY

SAN MATEO, CT

RELATING TO

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LONDON:
SHAW & SONS, FETTER LANE,

Law Printers and Publishers.

KOLLV 190888

BINIGUTS

LIBRARY

1851.

وانت

(37052

МДФ 21 1951

LONDON: PRINTED BY SHAW AND SONS, FETTER LAXE.

ADVERTISEMENT

TO THE

THIRD EDITION.

A New Edition of this work being required, I have prepared it; and I trust it will be found that I have done so with great care and attention. I have given in the course of the notes all the cases which have been decided on these Acts since the last edition of the work; and I have added to them the more recent statute, the 12 & 13 Victoria, c. 14, relating to the levying of Poor rates, Highway rates, and all other rates which are levied in the same manner as Poor rates. In a note to the last edition I intimated an cpinion that the second of these Acts (11 & 12 Vict. C. 43,) did not extend to the cases of levying Poor rates, Highway rates, &c. And the Legislature since seem to have been of the same opinion; and have enacted this stat. 12 & 13 Vict. c. 14, to remove all doubts upon the subject, and give a simple and certain mode of proceeding, with all the necessary forms; so that Justices have now the same facility in enforcing the payment of Poor rates, &c. by that Act, that is afforded to them in all other cases by Jervis's Acts.

And now, I think, in conclusion, I may fairly congratulate my Readers, and the Profession, the Magistracy and the Public, upon the admirable manner in which these statutes operate in practice. It is now found that what I predicted, in my Preface to the 1st edition, post, p. ix., has turned out to be perfectly correct, namely, that these Acts "give the

greatest facility to the Justices in the execution of “their very onerous duties, enable them to execute “ them with certainty and correctness, create a uni“formity of practice in this respect throughout the “kingdom, and give a fair and reasonable protection, “and consequent confidence, to justices in their ad“ ministration of the law.” So far I think it is matter of congratulation, that the whole system of our criminal procedure out of Sessions has been put in the very best possible state, to ensure a perfect administration of our crown law by our justices of the peace, so far as their jurisdiction extends. It remains still for the Legislature to give us a good mode of procedure in indictable cases, and correct definitions of all offences, with their punishments,--and then our criminal law will be complete.

J. F. A.

TEMPLE, 1850.

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A VERY large edition of this work has been sold since the 18th September last, and a new edition has been called for Iby my publisher. I have availed myself of this opportuInity of adding considerably to the notes, principally for

the purpose of noticing some objections raised to these Acts by a gentleman who has written upon them, and whose work is now before me. In my humble opinion, and I trust it will be the opinion of my readers also, there is no weight or validity in his objections; I think I have satisfactorily proved, in my observations on them, and which the reader will find, marked thus (S.), at the end of my other notes on each section of these Acts, that there is no ground whatever, not the slightest pretence, for any one of them. The angry, very angry, style in which he writes, compared with the groundlessness of his objections, is somewhat amusing. As to his practical notes, they are scanty,-few and far between,-and not of the very best quality. For example:-in a note on the second of these Acts, speaking of the Information and Complaint, and intending to intimate that they ought in all cases to be in writing, he says, and rightly, that unless an in

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