persons as aforesaid, or for any such purpose as aforesaid, such person so offending shall be guilty of a misdemeanour; and every such offence committed within any district proclaimed in pursuance of the provisions of this act, shall be cognizable by any court-martial appointed under this act, and if committed within any other district, shall be tried and punished according to the course of the common law.

Provided always, and be it further enacted, that in case any person be charged with or indicted for having made or caused to be made, or for having been present at the making of any such signal, notice, or call as aforesaid, the burden of proof that such signal or call so charged as having been made with intent or for the purpose aforesaid, was not made with such intent or for such purpose, shall be upon the person so charged or indicted as aforesaid.

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any such proclaimed districts as aforesaid, shall be liable to be prosecuted in any court of criminal jurisdiction under the warrant of his Majesty's Attorney-General for Ireland, and not otherwise, and being so prosecuted shall be proceeded against and punished for such offence according to the course of the common law.

And be it enacted,that in cases where any person or persons shall during the continuance of this act be arrested, committed, or detained in custody by force of any warrant issued under the authority of this act, or by any person hereby empowered in that behalf, it shall and may be lawful for any person or persons to whom such warrant or warrants shall have been or shall be directed, to detain such person or persons so arrested or committed in his or their custody in any place whatever within Ireland; and such person or persons to whom such warrants have been or shall be directed, And be it enacted, that no act, matter, or shall be deemed and taken to be to all intents thing done in any such proclaimed district as and purposes lawfully authorised to detain in aforesaid, in pursuance or execution of any the same custody, and to be the lawful jailers power or authority hereby conferred, shall be and keepers of such persons so arrested, comquestioned in any court of the United Kingdommitted, or detained; and that such place and having jurisdiction, civil or criminal, except as places where such persons so arrested, comhereinafter-mentioned; (that is to say) that all mitted, or detained, are or shall be detained officers, non-commissioned officers, and sol-in custody, shall be deemed and taken to all diers who shall act under any such power or intents and purposes to be the lawful prisons authority shall, for and in respect of anything and jails for the detention and safe custody of done under such power or authority, in any such person and persons; and that it shall such proclaimed district as aforesaid, be and may be lawful to and for the Lord-Lieuresponsible to courts-martial to be holden tenant or other chief governor or governors of under any statute in force for holding courts- Ireland for the time being, by warrant signed martial, by which courts-martial respectively by him, or for the chief secretary of such they shall be liable to be tried and punished | Lord-Lieutenant or other chief governor or for any offence against the articles of war under any law then in force for such purposes; and such courts-martial respectively shall have full and exclusive cognizance of all such matters and things which shall be objected against such officers, non-commissioned officers, and soldiers respectively, and proceedings shall be had thereon in the same manner as for offences against the articles of war, and not otherwise; and no other court in any part of the United Kingdom, whether civil or criminal, shall have cognizance or jurisdiction with respect to any act, matter or thing, which shall be done by any such officer, non-commissioned officer, or soldier, in pursuance of the act, in any such proclaimed district as aforesaid; and any pro- And be it enacted, that every person who ceeding instituted, had, or commenced in any shall knowingly and corruptly swear falsely in such court as last-mentioned, against any any evidence given by such person before any officer, non-commissioned officer, or soldier, court constituted or acting under the authority for or by reason of any such act, matter, or of this act, shall be deemed and adjudged to be thing, whether by indictment, action or other-guilty of the crime of wilful and corrupt wise, shall be stayed by summary application to the court in which the same shall have been instituted, had, or commenced; and that all justices of the peace, constables, policemen, and all other persons besides officers, non-commissioned officers and soldiers, who shall act under any such power or authority, for and in respect of any thing done under such power or authority in

governors, by warrant signed by such secretary, or by warrant signed by any officer or officers commanding his Majesty's forces in Ireland, or such other person or persons as the Lord-Lieutenant or other chief governor or governors of Ireland shall think fit to authorise in that behalf, from time to time, as occasion shall be, to change the person or persous by whom, and the place in which such person or persons so arrested shall be detained in safe custody.

Provided always, and be it enacted, that copies of such warrants respectively shall be transmitted to the clerk of the crown, and shall be filed by him in the public office of the Pleas of the crown at the city of Dublin. ·

perjury, and shall upon conviction thereof be liable to all the penalties and punishments now by law incident to the crime of wilful and corrupt perjury.

And be it enacted, that if any person who shall be detained in custody under the powers created by this act, charged with any offence committed in any proclaimed district as aforesaid, shall sue forth a writ of babeas corpus

winin three calendar months from the time of his first arrest, it shall be a good and sufficient return to such writ, that the party suing forth the same is detained by virtue of the powers in that behalf hereby conferred, and when such return shall be made it shall not be necessary to bring up the body of the person so detained.

And be it enacted, that no justice or justices of the peace shall have any power or authority to admit to bail any person charged with any offence hereby made cognizable by any court-martial appointed under the provisions of this act provided always, that no person shall be detained in custody by virtue of the powers contained in this act, for a longer time than three calendar months from the time of his first arrest, without being brought to trial for the offence or offences for which he is so detained in custody.

continuance, or if a verdict or judgment on demurrer shall pass against him, the defendant shall recover treble costs.

And whereas doubts may arise whether any such action, suit, plaint or information was so commenced or prosecuted against the defendant or defendants therein for what he or they did in pursuance or execution of this act; be it enacted, that in all cases where there shall be a verdict for the defendant, if it shall appear to the judge or court before whom the cause shall have been tried, that the same was prosecuted or instituted for or by means of any act done in pursuance or execution of this act, such judge or court shall certify the same on the record, and thereupon such treble costs shall be adjudged as aforesaid; and if the plaintiff or prosecutor shall become nonsuit, or forbear prosecution, or suffer a discontinuance, or if judgment shall pass against him on demurrer, it shall and may be lawful for the defendant or defendants, or any of them, to suggest on the record that such action, suit, plaint, or information was brought against such defendant or defendants for what he or they did in pursuance or execution of this act, which suggestion may be traversed by the plaintiff if he shall think proper so to do, and issue being joined thereupon, the same shall be tried by Nisi Prius according to the usual course of such court on issues joined therein; and if such suggestion shall not be traversed, or being traversed the issue thereon shall be found for such defendant or And be it enacted, that it shall and may be defendants, he or they shall thereupon be enlawful to and for the magistrates of the next titled to his or their treble costs as aforesaid, adjacent counties at large respectively to exe-together with the treble costs of the said sngcute this act within the several counties of cities or counties of towns in Ireland, except the county of the city of Dublin; and in like manner for the several magistrates of such counties of cities and counties of towns to execute this act in the next adjacent counties at large.

And be it enacted, that in all cases where any offence committedwithin such district proclaimed as aforesaid shall be punished with imprisonment under this act, or by any court authorised under the provisions thereof, other than and except any offence created by this act for being present at any unlawful assembly, it shall and may be lawful for such court to order and award, if they shall so think fit, that in addition to the imprisonment thereby directed, the person convicted shall be kept to hard labour during the whole or any part of the period to which such imprisonment shall extend.

gestion, and of the proceedings thereon (if any) and if such issue shall be found for the said plaintiff, he shall be entitled to the costs of the said suggestion and the proceedings thereon, and the same shall be set off against the costs to be adjudged to the defendant or defendants making such suggestion, and the judgment shall be for the balance of the said costs, if any.

And be it enacted, that all the powers and authorities given to, and all duties required from magistrates of counties at large, under Provided always, and be it enacted, that and by virtue of this act, shall be and are when a verdict shall be given for the plaintiff hereby given to and required from all magis in any such action to be brought against auy trates of counties of towns or counties of ci-justice of the peace, peace-officer, or other ties in Ireland.

And be it enacted, that if any action, suit, plaint, or information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance and execution of this act, in any part of Ireland not being in any such proclaimed district as aforesaid, the same shall be commenced within three months after the act complained of was committed, and shall be brought or laid within the county where the act was committed; and such person so sued may plead the general issue of not guilty, or any other general issue which the nature of the case may admit, and upon issue joined may give this act and the special matter in evidence; and if the plaintiff or prosecutor shall become nonsuit, or forbear prosecution, or suffer dis

person, for taking or imprisoning or detaining any person, or entering houses, under colour of any authority given by this act, and it shall appear to the judge or judges before whom the same shall be tried, that there was a probable cause for doing the act complained of in such action, and the judge or court shall certify the same on record, then and in that case the plaintiff shall not be entitled to more than sixpence damages, nor to any costs of suit provided also, that where a verdict shall be given for the plaintiff in any such action as aforesaid, and the judge or court before whom the cause shall be tried shall certify on the record that the injury for which such action was brought was wilfully aud maliciously committed, the plaintiff shall be entitled to treble the costs of suit.

QUARTERLY REVIEW.

"JOURNAL OF A NATURALIST." (From Cobbett's Magazine.)

And be it enacted, that it shall and may be lawful for the Lord-Lieutenant or other chief governor or governors of Ireland for the time being, by a new proclamation to be made by and with the advice of the privy council of Ireland, to revoke any proclamation issued in THE reviewing of new publications pursuance of this act, as to the whole or any is a legitimate branch of literature, the part of the district thereby proclaimed, which new proclamation shall be forthwith trans-object of it being to guard the public mitted by the clerk of the privy council to the against such productions as appear unLord-Lieutenant of the county, county of a worthy of attention, and to recommend city, or county of a town, who shall forthwith to the public those that are of a diffe notify the same to each court-martial, if actually sitting, and if not, then at the next rent description; and, in doing this, sitting of such court, and such court shall there is justice done not only to the pubthereupon cause the same to be read in open lic, but also to authors; and therefore court; and on such new proclamation being both parties lie under great obligations read, the original proclamation mentioned therein shall forthwith stand and be revoked to the reviewer, excepting only in cases, so far as the said new proclamation shall where any venal or otherwise corrupt purport to revoke the same; and if no part of motive has biassed him for or against such county, county of a city, or county of a a particular work. It is not only proper, town shall then remain proclaimed, the authorities and powers of such court shall forth- but necessary, that there should be critics to watch over and examine the liteProvided always and be it declared and rary performances of the day; to guard enacted, that nothing in this act contained readers against ignorance and presumpshall be construed to take away, abridge or tion, against quackery, false doctrines, diminish the acknowledged prerogative of his Majesty, in respect of appointing and conven- and falsification of facts; and it is the ing courts martial according to the provisions province of a critic to guard the fame of the act for punishing mutiny and desertion, of the learned, dead or alive, by detector the undoubted prerogative of his Majesty,

with cease and determine.

for the public safety, to resort to the exercise ing and exposing that " pest of science," of martial law against open enemies or traitors, the plagiarist, or literary thief, who or any powers by law vested in the said Lord- lives by a species of theft not much less Lieutenant of Ireland, or other chief governor discreditable than that of the cut-purse, or governors of Ireland, with or without the advice of his Majesty's privy council, or is stealing here and there the results of privy council, or in laborious thinking and persevering obany other person or persous whomsoever, to suppress insurrection and disturbances or servation, and who is of a fraternity treason and rebellion, and to do any act war- never small, and by no means decreasranted by law for that purpose, in the same ing. manner as if this act had never been made, or in any manner to call in question any acts heretofore done for the like purposes.

And be it enacted, that this act shall continue and he in force until the first day of Angust, one thousand eight hundred and thirty-four, and no longer; and that it shall and may be lawful to repeal, amend, or alter this act during this present session of Parlia

ment.

These being, to our minds, the objects of reviewing and the duties of critics, we shall immediately begin a complaint against the first of our reviews (the Quarterly), on account of its conduct with respect to a work called the " Journal of a Naturalist," which it reviewed, quoted, praised, and earProvided always, that neither the revocation of any proclamation by the Lord-Lieutenant nestly recommended to the public, in or other chief governor or governors of Ireland, its number for April, 1829, page 406. nor the expiration of this act, shall annul or The reviewer joins the "Naturalist" suspend any sentence passed against any per- in these words, that “ many years have son or persons for offences of which such persons shall have been or shall be convicted Mr. WHITE's amusing book" (Hispassed away since the publication of by any court-martial under this act. tory of Selborne)," without its being "followed up by any other bearing the "least resemblance to it; and although "the meditations of separate naturalists "in fields, in wilds, in woods, may yield "a similarity of ideas, yet the different

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aspects under which the same things | plain narrative of circumstances that can 66 are viewed and characters considered, be relied upon. This has grown so "afford infinite variety of description much upon us, Paternoster-row teems "and narratives; and then the re- 30 with it, that we felt no small indigviewer, for himself, says, "This is un-nation upon seeing this first and pretty "questionably true; and we can assure clear indication that natural history is "him" (the " Naturalist "), "that a beginning to share the fate of all his"close perusal of the two productions tory, to be made the ground-work for "has satisfied us that they do not in romances to entertain the idle. "the least interfere with each other." A glance over the work tended to veHe then winds up thus: "In short, it rify our suspicions, for here we found "is a book that ought to find its way that this "Journal" is no journal at all. "into every rural drawing-room in the Not one date from the first page to page "kingdom," &c. And at the end of 232, where the first occurs, namely, the notice, p. 431, he "We again says: "June 14th," and now even we are not "most strongly recommend this little favoured with the year; but in page "unpretending volume to the attention 256, we have, April 28th, 1829; "of every lover of nature, and more and in page 283, "This spring, 1827.” particularly to our country readers." In page 363," June and July, 1825;" After which panegyric, who would not in page 376,"1827," no month think that in this little unpretending named; and in page 425, "Now I have volume" he was to find almost a rival run overy my diary," &c. The arrangeof the admirable, amusing, and instruc- ment of the work prevents its being a tive, as well as authoritative, work, the" Journal," for it is arranged in diviHistory of Selborne, by Mr. WHITE? sions perfectly natural, such as, general We confess ourselves to have been observations on the face of the country, amongst the dupes of the Quarterly its produce, then quadrupeds, then birds, 'Review in this instance, and if we can and so on; and these subjects are prevent others from sharing our fate, by also subdivided in a manner proper pointing out to them the spuriousness enough, perhaps, to an essay, but inof this volume, and pointing their at-compatible with a " Journal," where the tention to the plunderings therein com- observations of the day would be as va'mitted upon WHITE and others, we shall be satisfied that we are exercising the proper function of reviewers.

rious as the subjects of those observations, and being noted as they occurred, would not fall in any regular order. We have not given all the dates that occur in this book, but they are so few that to call it a Journal is to give the book a wrong name to begin with, a thing that a naturalist ought to avoid.

Our first disappointment on opening this book was, that it is anonymous. In all such works, it is something to know that you are reading the production of a responsible man; it is satis factory to know that he is a man accre- The matter, however, is the im dited for proficiency in the scinece he is portant consideration, and if we had no treating of, but, at the least, we should ground of quarrel on that score, we know that he is living where he pre- should not be inclined to carp at a tends to live, doing what he pretends to slight discrepancy, such as the arrangedo, is to be pointed out or pointed at if ment of the book; but on our first found to be deceiving, and that there-reading of it, we felt not mere displeafore he is the more likely to be cautious as to what he puts forth. Besides, fiction is so much the taste of the day, that it is difficult now to find a romance that is not partly historical, or a history that does not savour strongly of the romantic; so that one has, after all, to search back almost into black letter for any

sure and impatience, but indignation, at having had thus imposed upon us a ragged dislocated hash of WHITE principally, but of others in train, sometimes taken almost word for word, sometimes distorted and exaggerated, and in many instances so adapted to the arrangement of this book, that to

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retrieve the pieces is difficult, and yet" time having a young child, contrito forget that you have read them be-"buted very little to the general mainfore, or the foundation for them, is quite" tenance of the family his wages impossible. The further we went on, were ten shillings per week, dieting the more it verified our first suspicions," himself, and with little besides that and the more it answered to our fears-" could be considered as profitable. a rank fiction founded upon truth! And" We soon perceived that the clothing when we had read the "little unpre "of the family became more neat and tending volume" to the end, though" improved; certain gradations of bowe had taken it up with great preju- Idily health appeared; the cottage dices in its favour, the impression upon was white-washed, and enclosed with us was, not to give credit to one asser- rough wall and gate; the rose and tion or narrative contained in it except- "the corchorus began to blossom about ing the many which we recognise as "it; the pig became two; and a few the observations of Mr. WHITE, Mr." sheep, marked A. B., were running PENNANT, Dr. RAY, Dr. DERHAM, and" about the lanes: then his wife had a others who have gone before. It is, to "little cow, which it was hoped his say the least of it, the most suspicious "honour would let eat some of the book that we ever read; it abounds in" rough grass in the upper field; but assertions which alone would rouse sus- "this was not entirely given: this cow picion, and we shall now quote a nar- "in the spring was joined by a better rative (undoubtedly original) sufficiently" but finding such cattle difficult to astounding to put the most credulous" maintain through the winter, they reader on his guard. Strictly speak- were disposed of, and the sheep auging, it has no reference to the author's "mented. After about six years' sersubject; it is not so much a point of" vice, my honest, quiet, sober labourer natural history as of rural and poli- "died, leaving a wife and two small tical economy, but, as the "Naturalist" "children surviving a third had rehas chosen to consider it in his own cently died. We found him pospeculiar vocation, we have no objection; "sessed of some money, though, I we only see in that circumstance a pa- "know not the amount; two fine hogs; ramount necessity for scrupulous ex-" and a flock of forty-nine good sheep, actness. Page 16, from which we take " many far advanced in lamb; and all this passage is headed with these words: "this stock was acquired solely with "A WORTHY PEASANT," and we now "the regular wages of ten shillings a beg the reader's attention to it :- "week, in conjunction with the simple "I I may, perhaps, be pardoned in re-" aids of rigid sobriety and enonomy, lating here the good conduct of a "without a murmur, a complaint, or a villager, deserving more approbation" grievance!" "than my simple record will bestow; The vicious propensity to propagate " and it affords an eminent example of the inhuman falsehoods, that the En"what may be accomplished by in-glish labouring people are now as "well "dustry and economy, and a manifes-off as ever," or, as they "need to be," "tation that high wages are not always and, that." high wages do them no essential, or solely contributive to the good," are vices peculiar to those who "welfare of the labourer. When I call themselves of the "higher orders; "first knew A. B., he was in a state of but these falsehoods have hitherto pro"poverty, possessing, it is true, a cot- ceeded generally from the unthinking, tage of his own, with a very small the uninformed, the rapacious, or the "garden; but his constitution being corrupt; in this "little unpretending "delicate, and health precarious, so volume,' we find the subject mooted "that he was not a profitable labourer, in the notes of the Naturalist. We do "the farmers were unwilling to em- not quarrel with him for having introploy him. In this condition he came duced the subject, but when the Na"into my service: his wife at that turalist" undertakes to examine and

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