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We, however, have determined to follow a straightforward and simple path, and, preferring the mother to all other persons with a statutory title, to give her the entire succession of her sons, without deduction in favour of any other persons except a brother or sister, whether by the same father as the deceased, or possessing rights of cognation only; so that, as we have preferred the mother to all with a statutory title, so we call to the inheritance, along with her, all brothers and sisters of the deceased, whether statutorily entitled or not: provided that, if the only surviving relatives of the deceased are sisters, agnatic or cognatic, and a mother, the latter shall have onehalf, and all the sisters together the other half of the inheritance; if a mother and a brother or brothers, with or without sisters agnatic or cognatic, the inheritance shall be divided among mother, brothers, and sisters in equal portions.
After family heirs, and persons who by the praetor and the imperial legislation are ranked as such, and after persons statutorily entitled, among whom are the agnates and those whom the aforesaid senatusconsults and our constitution have raised to the rank of agnates, the praetor calls the nearest cognates.
Many crimes, which in England are classed as felonies, have been statutorily reduced to misdemeanours in Ireland so as to limit the right of challenge possessed by the accused from twenty jurors to six, and at the same time, after Lord O'Hagan's Act had withdrawn from the sheriff the power of preparing jury lists, which he used for political purposes; by resuscitating a common law right of the Crown which has not been used in England for fifty years, arbitrarily to order jurors to "stand aside," the provisions of O'Hagan's Act have been evaded, and a panel hostile to the accused is most frequently secured.
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