The law, then, having been firmly fixed, that a man was not liable for the injuries done by his dog, unless a scienter was alleged and proved, and having been so stated in the above-mentioned articles, we wish to draw attention to a statute which has been passed this session, materially altering the law on this point. This statute is cap. 60 of last session.

Cap. 60 applies to England and Wales, and enacts, that the owner of a dog shall be liable in damages for injury done to cattle and sheep by his dog, without its being shewn that the dog had a previous mischievous propensity, or that the owner was aware of it, or the injury attributable to his neglect; and that where such damage is under 5., it shall be recoverable in a summary way before a justice of the peace; and the occupier of the premises where the dog is kept, or permitted to live and remain at the time of the injury, is to be deemed to be the owner, unless he shew that he was not owner, and that the dog was on the premises without his sanction or knowledge; and where premises have more than one occupier, and are let in separate lodgings, &c., the occnpier of the particular part where the dog is permitted to live is alone to be esteemed such owner. And as we have alluded in passing to the provisions, of certain criminal statutes, against the setting of spring guns, &c., we may also, before concluding, draw attention to the statutes passed long since the abovementioned articles, and analogous in spirit, viz. the 26 & 27 Vict. c. 113, and the 27 & 28 Vict. c. 115; the former prohibiting the sowing or placing of poisoned grain in or upon any ground or exposed place; the latter prohibiting the placing of poisoned flesh on any land, except an inclosed garden attached to a dwellinghouse, or in a drain protected against dogs, or in a stack, &c., in order to kill vermin.

JUDICIAL STATISTICS, 1864-CIVIL SIDE.

(From the Blue Book).

FOR all the courts of civil jurisdiction, the proceedings of which have been included in the judicial statistics of preceding years, similar information is given for 1864, in the second part of the present volume.

The tables are arranged in the same order as heretofore, and are preceded by the usual summaries and comparisons in the preliminary report, the numbers for 1863, and in almost every case the average of the numbers for the five years 1859 to 1863, inclusive, being shewn in comparison with the numbers for 1864. In the preliminary part is given also (p. ix, after the statement of the Suitors' Fund) a further statement of fees, in respect of the common-law courts, and of the office of the Queen's Remembrancer.

An additional statement furnished by the Accountant-General of the Court of Chancery, also, is inserted after the return of the Suitors' Fund and Suitors' Fee Fund of that court.

And with regard to the High Court of Admiralty, an explanation is given, as made by the registrar, of the reasons for which it is not possible for him to furnish a return of the Fee Fund of the court, similar to that made from the annual account presented to Parliament by the Accountant-General, under the act of the 5 Vict. c. 5, of the Suitors' Fund and the Suitors' Fee Fund of the Court of Chancery.

Returns are given in the tables in the usual form, as furnised by the different officers, shewing the proceedings in the three superior courts of common law, in the same detail for 1864 as for preceding years. The return of certain proceedings under the peculiar jurisdiction of the Court of Queen's Bench on the Crown side, made by the Queen's Coroner and Attorney, and Master of the Crown Office, forms the first table. These officers have added to their return the same explanation as given by them in previous years, to the effect that the casting of the several columns will not give an adequate notion of the total proceedings, inasmuch as the same matters appear more than once in the same column. They state that the real account of total proceedings for 1864 is given below. The corresponding numbers for 1863, are shewn for five years from 1859 to 1863, inclusive. comparison, with the average of the numbers for the

27

27

7

11

48

31 .. 47

On special cases from quarter sessions (12 & 13 Vict. c. 45). 18 On special cases on proceedings before justices (20 & 21 Vict. c. 43). The nature of the offences tried on the Crown side of the Court of Queen's Bench is, as stated by the officers of the court, conspiracies, perjuries, assaults, nuisances, and other misdemeanours, and occasionally, but rarely, felonies. It is further explained, that, as the trials take place at Nisi Prius in London and Middlesex, and at the assizes for the other counties, there is not any record kept in the Crown Office of the number of causes or of the number of persons tried, or of the judgments, except in cases in which judgment is entered up in the Queen's Bench, and except where parties are fined. No record is kept in the Crown Office of persons sentenced to be imprisoned, except where the sentences are passed by the court in banc, which very seldom occurs now, as sentences are, by virtue of stat. 11 Geo. 4 & 1 Will. 4, c. 70, almost invariably passed by the judge at Nisi Prius, and not afterwards entered up of record in the Queen's Bench.

In 1864, sentence of "fined" appears to have been recorded in three cases, viz. the Midland Railway Company, 3007.; John Jones, 501.; and Robert Highat, 501.

The total amount of fees received in the Crown Office in 1864 was 5787. 98. 9d. The amount was 6077. 8s. 4d. in 1863, and higher in each of the four preceding years. No fees are now allowed to be taken for duties performed for any of the Government departments.

The chief proceedings on the plea side in each of the three superior courts of common law, as shewn in the returns furnished by the Masters, the form of procedure being similar in the three courts, are stated in the following summary for 1864. The totals of the matters under each heading are added for 1863, and the average of the totals of the five years 1859 to 1863, inclusive.

No statement is given in the returns for the Courts of Queen's Bench or Common Pleas of the number of bills of costs taxed in the year 1864. In the Court of Exchequer, the number, exclusive of bills taxed under the statute, was 7692, being an increase of 192, or 2.5 per cent. upon the number for the preceding year. The number of causes entered for trial, the number of trials, and the number withdrawn, struck out &c., are shewn, with regard to the Courts at Westminster,

6 £66,092 18 0

in the returns furnished by the associates of each of the three courts, and with regard to the proceedings at Nisi Prius in the returns made by the clerks of assize and clerks of the Crown.

In the following abstract, the numbers for 1864 are given for each of the three courts, with the totals. The totals under each head are added for 1863, and the average of the totals for the five years 1859 to 1863, inclusive.

Comparing the totals, there is an increase in 1864 of 2821, or 8:3 per cent. above the number in 1863, and of 1939, or 5.6 per cent. above the average of five years. The increase extends to each of the three courts, amounting for the Queen's Bench, to 965, or 9.3 per cent.; for the Common Pleas, to 1017, or 11.3 per cent.; and for the Court of Exchequer, to 839, or 5.8 per cent.

The returns furnished by the associates shew the result of the causes tried in each of the courts at

Queen's Common Bench Pleas

Average of Totals,

1859-63.

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