CROWN AND NISI PRIUS CASES, IN ALL THE COURTS, For the Ten Years from 1856 to 1866 With Notes to the more important Cases, elucidating the Law, and collecting the Authorities on the subjects to which they relate. Edited, and chiefly reported by W. F. FINLASON, Esq., of the Middle Temple, Barrister-at-Law. In Four Volumes. Royal 8vo. Price £12 4s. 6d. calf. "A valuable addition to our reports.”—Jurist, July 3rd, 1858. London: STEVENS & SONS, 26, Bell Yard; SWEET; and MAXWELL. A TREATISE UPON MARTIAL LAW: As allowed by the Law of England in time of Rebellion: With Illustrations Drawn from the Official Documents in the Jamaica Case; and Comments, Constitutional and Legal (with reference to civil and criminal responsibility for acts done in execution of Martial Law). By W. F. FINLASON, Esq., of the Middle Temple. In 8vo. 1866. Price 12s. cloth. "The publication of MR. FINLASON's treatise-simultaneously with the Report of the Royal Commissioners-is extremely opportune. Singular though it may seem, the subject of martial law has never, until now, been treated of by any of our legal writers. And as a natural consequence, the ignorance manifested when it became important to determine its nature, and the rules by which it is governed, was almost universal. *** It is not too much to say, that much of this misconception would have been avoided if such a treatise on martial law had been extant as that which was before us. Those who are acquainted with MR. FINLASON'S writings are well aware of the exhaustive process to which he submits every subject which he handles, and will not be surprised to learn that he has broached no opinions which he is not in a position to support by a host of authorities. As a useful commentary, MR. FINLASON's book merits a place in the library of every educated man. For the legal profession it supplies a want which has long been felt."-Morning Post, July 30, 1866. "MR. FINLASON adds to his text a full commentary-constitutional and legal-bristling with innumerable authorities."- Daily News, September 30th, 1866. London STEVENS & SONS, 26, Bell Yard. : COMMENTARIES UPON MARTIAL LAW; With special reference to its Regulation and Restraint; with Comments on the Charge of the Lord Chief Justice. By W. F. FINLASON, Esq., Barrister-at-Law. In 8vo. 1867. Price 5s. cloth. "The author has swept every corner in his research for authorities in any way bearing on his theme; and in this work will be found all that can be known on the subject of martial law."-Law Journal, September 6th, 1867. * * * * "It is well that any doubts which hang around martial law should be the subject of temperate enquiry. The author maintains that martial law, on occasions of special emergency, is part of our constitutional system. Yet the agitation of the question proves the necessity for determining the character of martial law, the authority which it confers, and the restraints and regulations by which its exercise ought to be limited. The author considers that the instructions lately sent to the Governors of Colonies from the Colonial Office are sufficient to answer this purpose."-Morning Post, October 16th, 1867. "There is no saying how things may grow and no system of civilized jurisprudence would be complete if it did not recognize such a power as MR. FINLASON clearly establishes in the British Crown. We heartily recommend his book to every lawyer; and, indeed, to every student of constitutional history."-Morning Herald, September 19th, 1867. London: STEVENS & SONS, 26, Bell Yard. BARRISTER-AT-LAW. EDITOR OF CROWN AND NISI PRIUS REPORTS;" 66 MARTIAL LAW," ETC. "Whatever is done honestly for these objects will be held justified by law."-(Lord Chief LONDON: STEVENS & SONS, 26, BELL YARD, LINCOLN'S INN, AND CHAPMAN & HALL, PICCADILLY. PREFACE. THE Jamaica case has caused great attention to be given to the subject of martial law, which is only a part of the law relating to the repression of riot, insurrection, or rebellion-martial law relating to the most serious case, that of rebellion, for which, as Hawkins says, in his Pleas of the Crown, "no remedies can be too sharp or severe." And the charge of Mr. Justice Blackburn treated the question of criminal liability, whether for neglect or excess, with reference to the declaration or execution of martial law, in cases of rebellion, as a portion of the general subject, and governed by the same general principles. The occasion, therefore, appeared opportune for the publication of a Review of the Authorities on the subject, to accompany the publication of the charge of the learned judge. The publication has thus a general and permanent, as well as a special temporary interest. It has general reference to the question of criminal liability, either of magistrates or other civil or military officers, either for excess or neglect in their measures for the suppression of riot or rebellion, and it has a particular reference to the subject of martial law, either in this country or the colonies. As to the latter part of the subject it contains some authorities, historical or legal, which will be found to possess a novel and peculiar interest, such as the case |