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and the work of Irish administration is really done by the Irish Office, which is presided over by the Chief Secretary to the Lord-Lieutenant of Ireland. The Lord-Lieutenant or Viceroy is the representative of the Crown and the head of the Executive. He is immune from liability for acts done in his official capacity, and either he or his Chief Secretary, but usually the latter, is in the Cabinet. There is a separate Local Government Board for Ireland, which was formed in 1872, and of which the Chief Secretary is President. The Irish Office itself acts as a kind of Home Office for Ireland. The Irish Board of Public Works is controlled by the English Treasury and has extensive powers of granting loans. For educational matters there is a Board of Intermediate Education and also Commissioners for National Education, but somewhat different conditions of control obtain from those existing in England.

The relations of landlord and tenant and questions as to land-holding generally have for long been a fruitful source of controversy in Ireland. The various Irish Land Acts, concluding with that of 1903, by which over one hundred million pounds was guaranteed by the English Treasury, are administered by the Irish Land Commission, while the Irish Congested Districts Board assists in the development of the poorer districts. The Department of Agriculture and Technical Instruction was created in 1899. It deals with agriculture, fisheries and technical education. It collects statistics and controls the distribution of grants for various purposes.

The system of legal administration in Ireland is very similar to that in England, and the final court of appeal is the House of Lords. Statutes of the British Parliament apply to Ireland unless that country is expressly excepted. Irish law is very similar to that of England, the differences having been produced by the enactment of statutes dealing

with the different requirements of the two countries. There is no separate system of law as there is in Scotland, but Ireland has a separate Chancellor, who has the custody of a duplicate seal of the United Kingdom for Irish purposes.

§ 123. The Channel Islands and the Isle of Man form part of the British Isles, but have separate autonomous administrations of their own. They are not colonies strictly so called, although there are a good many points of resemblance. In Jersey, Guernsey, and the Isle of Man Lieutenant-Governors are appointed by the Crown, and all communications from the British Government to the islands are made by the Home Secretary through these officers. The Acts of the British Parliament do not extend to these islands unless they are specially mentioned.

The Isle of Man has a Parliament of its own, consisting of two houses, which has power to make laws for the island. The Governor in Council is the name of the higher chamber, which consists of various island officials; the lower is called the House of Keys.

Jersey and Guernsey have separate governments of the same type, while Alderney and Sark are dependencies of Guernsey. The inhabitants put forward the curious claim that these islands are really the nucleus round which the British Empire has grown. They were part of the Duchy of Normandy at the time when William the Conqueror landed in England, and have always since remained part of the British Dominions.

The local legislative bodies and courts have a very ancient origin and have undergone but little alteration. All legislation requires the assent of the Crown in Council, and is subject to the veto of the Governor,

PART IV.

THE JUDICIARY.

CHAPTER XII.

THE HISTORY OF THE JUDICIARY.

§ 124. The Function of the Judiciary.-For the good government of a State it is not sufficient that the legislature should pass laws for the people to observe. It is necessary also for the State to select certain persons to decide whether in particular cases those laws have been observed. Such persons are termed judges. If any dispute arises between two or more persons as to the ownership of anything or as to the right of a person to claim compensation for an injury done to him or for the breach of some agreement, the person aggrieved may bring the matter before a judge and have the matter settled according to the justice of the case. In doing this it is the duty of the judge to say what the law is. The law in question may be laid down by an Act of Parliament, or it may be part of the Common Law, i.e. that portion of our law which is not set down in any written statute or ordinance but depends on immemorial usage. The Common Law is supposed to have a principle for every possible case, and its rules may be found in cases previously decided, on the analogy of which the judge rests his decision of fresh questions. In doing this it frequently happens

that the judge lays down what is really new law, or in other words performs the function of a legislator. But in theory he merely declares what always has been the law, although perhaps until the case before him it had not been necessary to lay it down definitely.

Besides the settlement of disputes, the judge has in another class of cases to determine whether a person brought before him has done something forbidden by law. This latter function is called his criminal jurisdiction in contradistinction to the former, which is called his civil jurisdiction. It is difficult to say exactly why some matters are considered civil injuries and others crimes, but broadly speaking the latter consist of such acts as militate directly against the public well-being and order, whether or not they also injure some particular person, while the former are merely infringements of some private right. In the earliest times many acts which are now considered crimes were regarded merely as civil injuries. But as the control of the State over peace and order has increased, the list of crimes has grown.

§ 125. The Early Administration of Justice.-In AngloSaxon times the principal courts were those of the hundred and the shire, although the Witena-gemot acted as an ultimate and supreme court of justice in both civil and criminal cases. Trial in local courts was the rule, but as the powers of the King increased he came to be looked upon as the fountain of justice, and all jurisdiction was exercised by him through his officers, or by landowners who held their title from him.

After the Norman Conquest the local courts still continued and the Curia Regis or Council of the King became the supreme court of the kingdom. William I. separated the ecclesiastical from the secular jurisdiction and gave the control of the former to the clergy,

§ 126. Itinerant Justices date from the reign of Henry I. They were not, however, fully organised until the time of Henry II. They tried both judicial and financial matters. They are mentioned in Magna Charta, but their visitations were somewhat irregular until the time of Edward I., who reorganised them and appointed definite circuits. The present system of circuits, on which the judges have power to try all civil and criminal cases, is the direct outcome of the appointment of these earlier Justices in Eyre.

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§ 127. The Common Law Courts.--The Exchequer was the financial side of the Curia Regis and determined matters relating to the revenue of the country. separated definitely from the Curia Regis about the end of the twelfth century and acted as a court of law dealing with revenue cases and disputes concerning the national finance.

The Court of King's Bench was another offshoot of the Curia Regis and is itself sometimes known by the latter name. Its origin dates back to 1178, when Henry II. appointed five members of the Curia as a permanent court to hear the complaints of the people, reserving appeals to himself in Council.

The Court of Common Pleas had its origin in the clause of Magna Carta which provided that common pleas, i.e. suits between subjects, should be held at some fixed place.

These three last-mentioned courts all arose from the Curia Regis, but a general judicial power was still left in the King's Council. At first the three courts had the same staff of judges, but separate judges were assigned to them in the time of Henry III. Their functions, although at first diverse, became very similar by reason of certain fictions which were resorted to. Thus the Court of Exchequer obtained jurisdiction over a matter which should have

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