The Sun.
London, England, 1862-12-04 00:00:00

WRITS OP AUDITA QUERELA.

As very few are aware that Writs of Audita Querela were
invented to prevent the operation of unjust decrees and
judgments unfairly obtained, the following information may
be useful :
The writ is intended to secure a trial by jury, and is of
iastice for poor aerenatti.s
contending against wealthy plaintiffs.
(Extract from Jacobs' Law Dictionary.)
" Audita Querela is a writ of most remedial nature, and
seems to have been invented lest in case there should be an
oppressive defect in justice. The process is Venire Facias
Distringas."

(Bacon's Abridgements.)
" Audita Querela is a writ to be delivered against unjust
udgments on execution by setting them aside for some
.njustice of the party who obtained them. An Audita
Querela Is of common right. A man non-suited in a writ
of Audita Querela may have a new one."
(Sellon's Practice.)
" An Audita Querela is an action in the nature of a bill
in equity to be delivered against oppression. It may be
original and the party may sue it out of the Court of Chan-
cery returnable in the court where the record remains."
Fitzherbert's Natura Drevium and Saunders' Reports
are also reliable authorities on writs of Audita Querela.
And the new Common Law Pt ocedure Act of 1854 recites
Audita Querela as an equitable defence.
The mere form of the Writ in Chancery speaks volumes
in favour of its public importance and constitutional cha-
racter.

A ACE STATE OF IHINGS, OR 2HE
STREETS IN 1862.

(From Punch.)
Oh, I'm an Anti-Garotter so told,
If I shiver and shake, 'tis but with the cold;
I don't know such a feeling as fear,
But I warn Garotters not to come near I

I carry sword-blades in all my sticks ;
I wear round my neck a steel collar with pricks;
Revolvers in both coat-pockets I bear,
And a bowie-knife that will split a hair.

I won't trust to laws or police, not I,
For their protection is all my eye;
In my own hands I take the law,
And use my own fists to guard my jaw.

Is that a footstep behind my back ?
It must be one of the strangling pack ;
Is that a lurking villain I view,
Crouched in the doorway of number two ?

Here's somebody coming I He'd best beware,
I'll give him a warm reception I swear,
Where's my revolver ? Good Gracious 1 I see
He's bringing his pistol to bear on me ?

Hold hard, put up your weapon, Sir, do—
I am an Anti-Garotter too I
We carry both sword-sticks and bowie-knives,
And we both of us go in fear of our lives I

A nice of state of things, sir, this I call ;
Turning out like a walking arsenal,
With pistol and dagger and collar of steel—
It has a most un-English feel I

To Sir Joshua Jab I wish no wrong.
But I must say he comes it rather strong,
When he tries to prove that the rogues and thieves,
Ain't si bit the -vivree for their ticamoc-or-leavoes.
He may talk until he's black in the face,
The Garotters are there to upset his case,
And British householders forced to go
Armed, like Hamlet's ghost, horn top to toe I

While such is the state of Biitish law,
Let the British Lion hold his jaw,
On the safety to property, life, and limb
Enjoyed by those who live under him
Here's Paterfamilias, poor old boy,
In self-defence must weapons employ,
More like, by the way in which he potters,
To damage himself than the Garotters.

An Englishman's used his castle to be;
Now that castle in state of siege we see.
There are burglars in the back-yard at work,
And on the front-door-step Garotters lurk,

And Paterfamilias walks the streets
In dread of every soul that he meets ;
In dread of each foot-fall he may hear,
Lest it herad a rush in on his rear—

A pair of hands flung round his throat,
A dig in his wind and a tug at his coat,
With, ten to one, a fractured jaw
From a Knuckle-duster or Indian Claw.

We're highly civilised people I know;
And the nineteenth century's trumpet we blow ;
But while the Garotter performs his feats,
Let us silence our brag till we've purged our streets.

MR. DISRAELI AND THE LIBERATION SOCIETY.
—The right hon. gentleman having three times told his
audience that " the population had outgrown the Church,"
counsels the Church to assert itself to be synonymous with
the whole population ! The vagueness of this advice is
only equalled by its absurdity. Did it not strike so acute
a reasoner that there would be no occasion to make this
repeated assertion if the Church were really "national?"
Mr. Pecksniff constantly reminded his friends that he was
a "moral man," for a satisfactory reason,—namely, that
the assertion was a very needed one. Nobody would
otherwise have, believed it; and nobody believed it very
long. . . . . The tone of the whole speech is broad
and national—the tone, that is to say, of a statesman
and not of a cleric. It is a trumpet call, with many defec.
tive, but no harsh, notes. We take it as a signal that the
enemy is being summoned to arms. They may not obey
this call, but it behoves us none the less to stand prepared
for action. Our past contests have been guerilla warfare ;
here is a chief who offers to organise and lead the whole of
the forces of the opposing army. On his own chosen
ground we shalt hope to defeat him, and we shall do so
with the less difficulty, that his followers have no confidence
in his motives or in his real attachment to their cause.
Meanwhile, Mr. Disraeli is doing us effective service in
seeking to entangle the Church in the meshes of a mere
party alliance. Ile has carefully thrown his nets, and it
the Church escapes them, it will be the first time in its his-
tory that it has done so.—Libet ater.
THE SUBSTANTIAL PLEASURES OF A GARDEN.—
However refined may be the pleasures attendant on the
culture of flowers, and the production of scenic effects in
ornamental gardening, a few rows of well-grown edibles
have special charms for most p' oplo. What can be more
jolly in appearance than a well-st eked kitchen garden in
autumn, when the potato ground has Leen cleared and
planted, when many of the summer crops still linger to say
" good bye," the bowery runners still holding their bloom,
and weighing their sticks down with thousands of tender
pods; the kale, and brocoli, and winter cabbages dressed up
in their hearty green, like files of riflesmen, full of strength,
and suggestive of knife-and-fork battles before good fires,
when the beef will have its right flavour,because honourably
accompanied. Peep into the shed or store-loft of the garner
and see the rosy 'checked and russet apples stored away all
shining with ripeness, and beating the sweetest flower •bed
in their perfume; the onions drying ready for the very
Goose that is waddling yonder; the potatoes swelling their•
sted
sac
16-
reminding you of baked and roa
a
kg every tuber of them ready to transform itself
into a snow-bat., o to make additionally
delicacies, that butter an,2
savoury on winter nights, or the... -Aening to be the
feast of the year—are to proclaim
gH
p-rofitanL of arts.
honaliest, the prettiest, nePPer, :rt Christmas—the grand
and the
most,n
gardening scenes
Thin, in early snap-net', whit' arng
laden with
more attractive than the rows of peas .
ng to topple their
blossoms,
stakes over with their weight of plum pot
s, that make your
like clouds of butterflies, or tryli
mouth water as you involuntarily conjure up the smell Of
the mint that goes before them to the table and the min-
gling of the green narrow smoking things, with the brown
gravy, that compels you to chuckle " delicious !" as the
palate revels in their flavour; See, then, the pretty let-
tuorc es
pulling
n ;
o their
g r
the
o cleanw,s radishes
a ; t
drill, 6o rrelicately green and vigorous;
coral
look that i
seemt
see the tender spring onions, silvery at the root and read)
you
f
the
the
them,
al l cheerfulef themsmallh
saladsurry
ing towards the salad-bowl, crisp,
and cool, and relishing
and ready to enchant the appetite on the very first warm
day that shall make a radish, or lettuce, or cucumber, the
very completion of table •
enjoyments,— litbberd's Brambles
andko,y Zeaviu,