that in the superior courts of common law, in which the scale is as follows:

DAILY ALLOWANCES TO WITNESSES AS APPROVED BY THE JUDGES.

If witnesses attend in one cause only, they will be entitled to the full allowance; if they attend in more than one cause, they will be entitled to a proportionate part in each cause only. The travelling expenses of witnesses shall be allowed according to the surns reasonably and actually paid, but not to exceed 18. per mile

one way.

The scale of allowances to witnesses in county courts is as follows per day:

Gentlemen, merchants, bankers, and pro

fessional men

Tradesmen,

auctioneers,

elerks, and yeomen

Artisans and journeymen
Labourers and the like

£ s. d. £ s. d.

from 0 10 0 to 1 0 0

Travelling expenses, sum reasonably paid, but

61. per mile one way.

not more than

If the witnesses attend in more than one cause, they will be entitled to a proportionate part in each cause only.

The judge can, at any time during a trial, order the witnesses en both sides, excepting the one under examination, to withdraw, and this order is rarely withheld upon the motion of either party. If a witness remains in court after such order, he is liable to be imprisoned for contempt, and until lately it was considered that the judge might, at his discretion, exclude his testimony; but it is now settled that the judge has on this account no right to reject the witness except in revenue cases in the Exchequer, where it may still be in the power of the judge to do so (see Chandler v. Horne, 2 M. & Rob. 423, and Parker v. McWilliam, 6 Bing. 683). All evidence is to be given in open court, in the presence of the parties, their attorneys, the counsel, the spectators, and before the judge and jury; each party being at liberty to except to its admissibility, which exceptions are publicly stated and openly allowed or not by the judge.

An important statute, 17 & 18 V. c. 34, enables the courts of law in England, Ireland, and Scotland to issue process to compel the attendance of witnesses out of their jurisdiction, and to give efect to the service of such process in any part of the United Kingdom. By s. 1, if, in any action or suit pending in any of the superior courts of common law in the United Kingdom, it appear to the court, or, if the court is not sitting, to any judge of the court, that it is proper to compel the personal attendance of a witness, a writ in special form may be issued. Statement to be made at the foot of the writ that it is issued by special order of the court or judge. Witnesses not appearing to be punished by the court of the county in which the process has been served in the same manner as in disobedience to a writ of subpœna.

But witnesses not liable to punishment if it appear sufficient money has not been tendered to pay expenses, ss. 2-4.

EVIDENCE ON CRIMINAL TRIALS.-By an act of 1865, the 28 V. c. 18, the law of evidence and practice on trials for felony and misdemeanour is more nearly assimilated to that on trials at nisi prius. By s. 2, if any defendant be defended by counsel, the presiding judge, at the close of the case for the prosecution, is to ask the counsel for the defendant whether he intends to adduce evidence, and in the event of none being adduced, the counsel for the prosecution be allowed to address the jury a second time in support of his case, for the purpose of summing up the evidence against defendant. Subsequent sections apply to all courts of judicature and parties authorized. By s. 3, a party producing a witness allowed to impeach his credit by general evidence of had character, but he may, in case the witness, in the opinion of the judge, prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such lastmentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement. If a witness, upon cross-examination as to a former statement made by him relative to the subjectmatter of the proceeding, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement, s. 4. Witness may be crossexamined as to previous statements made by him in writing relative to the subject-matter of the proceeding, without such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him. The judge at any time during the trial may require the production of the writing for his inspection. Proof of a previous conviction of witness may be given. The word "counsel" in this act construed to apply to attorneys in all cases where attorneys are allowed by law or by the practice of any court to appear as advocates, s. 9.

EVIDENCE BEFORE FOREIGN TRIBUNALS.-By 19 & 20 V. c. 113, facilities are provided for taking evidence in her Majesty's dominions in relation to civil and commercial matters pending before foreign tribunals. By ss. 1 & 6, when upon application to a superior court or judge of Westminster, Edinburgh, or Dublin, or any superior court in her Majesty s colonies or possessions

abroad, it appears that a tribunal of competent jurisdiction in a foreign country, before which a civil or commercial matter is pending, is desirous of obtaining the testimony of a witness within the jurisdiction of the courts mentioned of the United Kingdom, the court or judge may order an examination upon oath, upon interrogatories or otherwise, before any person named in such order, of a witness, and the order may direct the attendance of witness and the production of any document or writing bearing on the matter in issue abroad. Certificate of foreign ambassador or diplomatic agent sufficient evidence in support of the application. Examinations to be taken upon oath, and giving false evidence perjury. Witnesses entitled to payment of expenses and loss of time as at a trial, s. 2-4. A like protection to witnesses, as in trials, against self-crimination by evidence or production of writings, & 5. Lord Chancellor, assisted by two judges of the anon law courts, to frame rules regulating proceedings under this act.

In pending suits before any tribunal in her Majesty's dominions, the 22 V. e. 20 provides that on application to any court or judge an order may issue for the examination of witnesses, or the production of any document or writing ont of its jurisdiction, in relation to any suit. False evidence under any order, commission, er process, is perjury. All who attend under the order entitled to their expenses. A person not bound to answer questions which may criminate himself, nor to produce any document that he wald not be compellable to produce at a trial of the cause. By 8.5, the superior courts at Westminster and Dublin, the court of session in Scotland, and the supreme court in any colony or pos session of her Majesty, have authority under the act.

CHAPTER VII.

The Supreme Court of Judicature Act.

ATTEMPTS have from time to time been made in Parliament to amend the system of administering justice in England and to amalgamate law and equity, but until the late session of 1873 ach attempts have not been attended with success. The present Lord Chancellor, Lord Selborne, at the commencement of the last session, introduced into the House of Lords a bill having for its purpose the constitution of a supreme court of justice, and the transfer to the appellate division of the supreme court of the jurisdiction of the judicial committee of the Privy Council, and this bill has become law. The act, however, does not come into

operation until the 2nd of November, 1874, and therefore the foregoing account of the system of procedure hitherto made use of has been inserted in the present edition, and it is intended to insert here an abstract of the very important act passed, as we have just stated above, at the instance of Lord Selborne last session. The act is divided into seven parts, and is subdivided into one hundred sections. The first part relates to the constitution and the judges of the supreme court. The high court of Chancery in England, the court of Queen's Bench, the court of Common Pleas, the court of Exchequer, the court of Admiralty, the court of Probate, the court for Divorce and Matrimonial Causes, and the London court of Bankruptcy, are to be united and consolidated together, and, subject to the provisions of the act, to constitute one supreme court of judicature in England, of which there are to be two permanent divisions-one of which, under the name of "Her Majesty's High Court of Justice," to exercise original jurisdiction as set forth in the act; and the other to be called

Her Majesty's Court of Appeal," and to exercise the powers conferred as may be incident to the determination of any appeal The High Court of Justice is to consist of (as the first judges) the lord chancellor, the lord chief justice of England, the master of the Rolls, the lord chief justice of the Common Pleas, the lord chief baron of the Exchequer, the several vice-chancellors, the judge of the Probate court, and of the court for Divorce and Matrimonial Causes, the several puisne judges, and judge of th court of Admiralty, except such of those judges who shall b appointed ordinary judges of the court of Appeal.

Whenever the office of a judge of the high court becomes vacant a new judge may be appointed by her Majesty, by letters paten All persons to be appointed to fill the places of the lord chi justice of England, the master of the Rolls, the lord chief justic of the Common Pleas, and the lord chief baron, and their successo respectively, are to continue to be appointed to the same office with the same precedence, and by the same titles, and in the san manner, respectively, as before. Every judge appointed to fill t place of any other judge is to be styled in his appointment, "Jud of Her Majesty's High Court of Justice," and is to be appoint in the same manner in which the puisne justices and junior baro of the superior courts of common law have been hitherto appointe But if at the commencement of this act the number of puisne ju tices and junior barons who become judges exceed twelve, no n judge is to be appointed in the place of any such puisne justice junior baron who shall die or resign while such whole number sh exceed twelve, it being intended that the permanent number judges of the said high court is not to exceed twenty-one.

All the judges are to have in all respects, save as in this act otherwise expressly provided, equal power, authority, and ju diction; and are to be addressed in the manner which is