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Review: Crabb's Digest and Index to the Statutes.- New Statutes. thority, that the defendant may be discharged, glects of those whom they have served, see ib. PROCESS, tit. Attorney, Indorsement. INFRA.
“ Persons convicted of forgery or perjury are “The repealed act, 2 G. 2, c. 23, s. 23, condisqualified to act as attornies by the 12 G. 1, tained some provisions respecting the taxation C: 29, see Dig. Part II., tit. ATTORNIES and of bills of costs delivered 'in by attornies and SOLICITORS, confirmed by 6 & 7 V., c. 73; so solicitors, which bas been re-enacted with conan attorney or solicitor may not act as such siderable additions and alterations by the 6 & 7 while he is a prisoner, 6 & 7 V., c. 73, s. 31; V., c. 73, ss. 37–43, see Infra." so he may not act as agent for any unqualified
Mr. Crabb then states so much of the person in any court of law or equity, ib. s. 32 ; so he may not be a justice of the peace while 6 & 7 Vict. c. 73, as relates to the taxation he continues attorney or solicitor, ib. s. 33; of costs, namely, ss. 37 to 41, inclusive, except in places having justices of the peace by and gives the several decisions on the concharter, ib. s. 4, see Dig. Part III., tit. So-struction of those important clauses. To LICITORS.
which is added the 7 & 8 Vict. c. 86, for “The service of clerkship and all that is ne- the relief of clerks to attorneys and socessary for an attorney's clerk to do to qualify licitors who have omitted to inrol their himself for admission as attorney or solicitor, is now regulated by 6 & 7 V., c. 73, ss. 5--15,
contracts, &c. ib, tit. Solicitors, by wbich the 2 G. 2, c. 23;
These extracts may not be uninteresting 6 G. 2, c. 27 ; 12 G. 2, c. 13; 22 G. 2, c. 46; at the present time, when the exclusive 23 G. 2, c. 26, are repealed; the duty payable preference shown by the legislature to the on the admission of attornies is fixed by the 55 higher grade of the profession is underG. 3, c. 184, Sched. Part I.
going considerable discussion. It may not “ Formerly the admission of an attorney in be matter of surprise that where barristers one court did not qualify him to practise in and attorneys are both eligible to fill par. pealed this rule had been departed from, and ticular offices, the superior influence of now by the general provision in the 6 & 7 V., the former should generally prevail; but c. 73, s. 27, persons duly admitted in one court it is neither politic nor right in government are capable of practising in all other courts, on to exclude any class of men from the possigning the rolls of each respective court. The sibility of promotion to useful offices. The inrolment of attornies in courts of law, and so- public service requires, at least, that the licitors in courts of equity, is also regulated now by the same statute, 6 & 7 V., c. 73, s. 20, power of selection should not be limited to see Dig. Part III., tit. Solicitors.
one class. “The granting certificates to attornies and solicitors is regulated now by the 25 G. 3, c. NEW STATUTES EFFECTING ALTERA. 80; 37 G. 3, c. 90; and 6 & 7 V., c. 73, ss.
TIONS IN THE LAW. 21-25, except that ss. 27, 31, of the latter Act, (for which see Dig. Part II., ATTORNIES, &c.,
THREATENING LETTERS. tit. Certificate,) are repealed by the 6 & 7 V.,
10 & 11 Vict. c. 66. c. 73, and other provisions substituted, ib. Part III., tit. Solicitors. By this last Act re- An act for extending the Provisions of the Law enacting the provisions of former acts, persons
respecting Threatening Letters and accusing practising without certificate cannot recover
Parties with a view to extort money. [9th fees.
July, 1847.] “The provisions in the 18 H. 6. c. 9, as to 1. 7 8. 8 G. 4, c. 29; 9 G. 4, c. 55; 7 W. 4, filing warrants of attorney, in the 32 H. 8, c. and i Vict. c. 87.- Persons sending threatening 32, as to entering warrants of attorney, and the letters, accusing others with certain crimes, with 18 El., c. 14, and 4 & 5 A., c. 16, as to filing a view to extort money, guilty of felony. warrants of attorney, are repealed by the 6 & 7 Whereas it is expedient to extend the provisions V., c. 73, Sched. I., Part II.; but warrants of of so much of the statute made and passed in attorney are provided for by the 3 G. 4, c. 39; the 7 & 8 G, 4, c. 29, intituled “An Act for 1 & 2 V., c. 110, ss. 9, 10; and 6 & 7 V., c. consolidating and amending the Laws in Eng66, see Dig. Part III., tit. WARRANTS. land relative to Larceny and other Offences
“The Annual Indemnity Acts contained a connected therewith,” and of an act passed in provision that defects in the service, &c., of at- the 9 G. 4, c. 55, intituled “An Act for contornies should not disqualify persons who had solidating and amending the Laws in Ireland served them, if otherwise entitled to be ad- relative to Larceny and other Offences conmitted ; also that application for striking any nected therewith," as relates to the offences of attorney off the rolls on account of any defect sending Threatening Letters, and also so in the articles of clerkship should be made much of the statute made and passed in the 1 within twelve months after admission and in- Vict. c. 87, intituled “ An Act to amend the rolment; but these provisions are now made Laws relating to Robbery and Stealing from perpetual in the general act, 6 & 7 V., c. 73, ss. the Person,” as relates to the Offence of accus28, 29; and by the 7 & 8 V., c. 86, further ing Persous of unnatural crimes, and to make protection is given to clerks against the ne- farther Provisions for the Punishment of such
New Statutes effecting Alterations in the Law. Offences: Be it therefore enacted by the Queen's passed in the 5 G. 4, c. 84, intituled “An Act most excellent Majesty, by and with the advice for the Transportation of Offenders from Great and consent of the Lords spiritual, and temporal, Britain,” it was enacted, that it should be lawand Commons, in this present parliament as- ful for his Majesty, by any order or orders in sembled, and by the authority of the same, That council, to declare his royal will and pleasure. if any person shall knowingly send, or deliver, that male offenders convicted in Great Britain, or utter to any other person, any letter or writ- and being under sentence or order of transing accusing or threatening to accuse either portation, should be kept to labour in any part the person to whom such letter or writing shall of his Majesty's dominions out of England to be sent or delivered, or any other person, of be nained in such order or orders in council : any crime punishable by law with death or And whereas it is expedient that it should be transportation, or of any assault with intent to made lawful to remove to the same places of commit any rape, or of any attempt or endea- confinement any male offender convicted in vour to commit any rape, or of any crime in Ireland who would have been removable thereand by the said first-mentioned act defined to unto if he had been convicted in Great Britain : be an infamous crime, with a view or intent to Be it enacted by the Queen's most excellent Maextort or gain, by means of such threatening jesty, by and with the advice and consent of letter or writing, any property, money, security, the Lords spiritual and temporal, and Comor other valuable thing, from any person what- mons, in this present parliament assembled, ever, or any letter or writing threatening to kill and by the authority of the same, That it shall or murder any other person, or to burn or de- be lawful for one of her Majesty's principal, stroy any house, barn, or other building, or Secretaries of State to direct that any male any rick or stack of grain, hay, or straw, or offender convicted in Ireland, and being under other agricultural produce, or shall knowingly sentence or order of transportation, may be reprocure counsel, aid, or abet the commission of moved to and confined and kept to labour in the said offences or either of them, every such any such place of confineinent out of England, offender shall be guilty of felony, and, being in like manner as if he had been convicted in convicted thereof, shall be liable, at the discre. Great Britain; and every offender who shall be tion of the court, to be transported beyond the so removed shall continue in custody, and shall seas for life, or for any term not less than seven be kept to labour in a place of confinement to years, or to be imprisoned, with or without be so provided, or any other place of confinehard labour, for any term not exceeding four ment to be from time to time provided by her years, and, if a male, to be once, twice, or Majesty out of England, until her Majesty thrice publicly or privately whipped (if the shall otherwise direct, or until the offender shall court shall so think fit), in addition to such be entitled to his liberty; and that all the imprisonment.
enactments of the said act relating to the re2. Persons accusing others of crimes herein- turns to be made concerning every person in before mentioned, with the view of extorting custody in each of such places of confinement, money, &c. guilty of felony. That if any person and the powers and duties of the superintendshall accuse or threaten to accuse either the ent and overseer having the custody of any person to whom such accusation or threat shall such offender, and to the treatment of such be made or any other person of any of the offenders while so confined, and the time crimes herein-before specified, with the view or during which they shall be so confined, shall, intent of any of the cases last aforesaid to extort subject to the amendments made in the said or gain from such person so accused or threat- act by an act passed in the last session of parened to be accused, or from any other person liament, intituled “An Act for abolishing the whatever, any property, money, security, or Office of Superintendent of Convicts under other valuable thing, every such offender shall Sentence of Transportation,” apply to all such be guilty of felony, and, being convicted there- male offenders convicted in Ireland and re-. of, shall be liable, at the discretion of the court,' moved under the authority of this act, as if they to be transported beyond the seas for life, or had been convicted in Great Britain and refor any term not less than seven years, or to be moved under the authority of the first-recited imprisoned, with or without hard labour, for act to such places of confinement. any term not exceeding four years, and, if a 2. Offenders under sentence or order of transmale, to be once, twice, or thrice publicly or portation may be removed to any prison in Great privately whipped (if the court shall so think Britain. That it shall be lawful for her Mafit), in addition to such imprisonment. jesty, by an order in writing, to be notified in
writing by one of her Majesty's principal SeCUSTODY OF OFFENDERS.
cretaries of State, to direct that any persons 10 & 11 Vict. C. 67.
under sentence or order of transportation
within Great Britain shall be removed from the An Act to amend the Law as to the Custody of prisons in which they are severally confined to Offenders. [9th July, 1847.]
any other of her Majesty's prisons or peni1. 5 G. 4, c. 84.-So much of 5 G. 4, C. 84, as tentiaries in Great Britain, there to be confined enacts that male offenders sentenced to irans- for such time as her Majesty by any such order portation may be kept to hard labour out of notified as aforesaid shall direct, not exceeding England extended to offenders convicted in Ire- the time for which they might have been lawfully land.-98 10 Vict. c. 26.--Whereas, by an act confined in the prisons from which they shall,
Election of Lawyers for the next Parliament.-Criminal Law. have been severally removed ; and the expense CRIMINAL LAW. SECONDARY of maintaining any such person in the prison
1.3 PUNISHMENT.SI to which he shall be removed under this act, and any other additional expense incurred in such prison by such removal and confinement,
To the Editor of the Legal Observer. shall be defrayed in like manner as the expense CULTIVATION OF WASTE LAND. IT I of maintaining any such person in any place of As an adjunct to what had been proposed in confinement appointed under the first-recited my last letter for reaping the harvest of the seas act.
by convicts transported to yessels posted for the
purpose, we may now turn to the no less certain ELECTION OF LAWYERS FOR and more needful supplies from the soil in the THE NEXT PARLIAMENT.
cultivation of waste lands, which are to be
found in great abundance in every quarter of New candidates from the ranks of the with such difficulty and expense, that it cer
the empire. This would be attended, however, profession are coming forward. " Another tainly does not seem to be practicable during and another still succeeds."
their state of punishment and probation. Mr. Humfrey, Q.C., of the Midland Divide et impera does not apply here as it dues Circuit, will be proposed for the Borough on board a ship: But though it could not of Cambridge, on the Conservative interest. safely or economically be undertaken by the This gentleman is a bencher of Lincoln's convicts, the same objection would not hold as Inn, and was called to the bar in June, their punishment, and were to all appearance
it regarded those who had passed the ordeal of 1823.
desirous of flying from, instead of into, crime Mr. Bethell, Q. C., is a candidate for again for a maintenance. When discharged Frome, a small constituency, represented and put in possession of their little capital since 1832 by Mr. Sheppard, a Con- gained by them and set apart for the purpose of servative, formerly a merchant. Mr. their outfit, to such men it might, and probably Bethell is a bencher of the Middle Temple, would be the most acceptable mode to apply and was called to the bar in November, wastes. As this subject differs so entirely from
it and their labour upon the cultivation of the 1823. He has the largest practice in the that of the fisheries, both as to material and the court of the Vice-Chancellor of England, application of labour, a more particular stateto' whose kindness he is indebted for an ment will be requisite the more readily to emadjournment of the court for two days, to brace it. Though it cannot be considered at enable him personally to conduct his all less practicable or beneficial, nor in the end canvass, and sue for “ the swect voices » less secure, yet it is to be carried out by difof the electors, a useful lesson of urbanity. to the recommendation of such measure is, the
ferent means. What leads ine very earnestly According to the arrangement amongst prored fact of its most sålutary influence in the liberal candidates for the borough of what is properly called the allotment system. Marylebone, Serjeant Shee retires, and l'his system is simply the letting to a labourer Mr. Whittle Harvey will go to the pon such a small plot of land as he can cultivate by under very favourable auspices.
himself and family without interfering with his Mr. Charles Pearson is well
accustomed labour. For this he pays a rent
supported in the borough of Lambeth, to equal to that of tlie general farmer, and no every elector of which, being upwards of tion of rates and taxes. A quarter of an acre is
more, except what may suffice for a like propora 13,000, he has distributed an able address. the general average that has best answered the
Sir Fitzroy Kelly, it seems, has trans- purpose. This, well cultivated by the spade, ferred his regards from Cambridge to jields the small tenant about 51. a year in the Lyme Regis.
value of his produce in feeding his family arid Mr. Freshfield is proceeding, under his pig. The salutary effects of this system most promising circumstances, in the city dence to admit of doubt, and, quoting from the
are too well established upon the very best eviof London, where, along with many other Labourers' Friend Society's records, the folclasses of electors, he receives the support of lowing examples are given ae particularly ap. a large number of solicitors. He willdoubt-plicable to the present purpose. It deinon. less, bestow his best attention on the griev. strates the value of the system in pteventing ances which they seek to redress, in relation, crime, and also in restoring the criminal again
Ja's not only to their own just interests, but the to an honest position in society: 2 due administration of the laws, and their is furnished contains about 2,000 inhabitants;
pro l'he parish from which the following report wise and careful amendment. 4199 and previous to 1834, when the allotments were
Mr. Bremridge, the Coroner for Devon- first granted, the apprehensions for different shire, is likely to be returned for the oftenees against the laws amounted to 34 in one borough of Barnstaple, where he practises year, and in the years 1840, 1, 2, and 3, there with great credit as a solicitor.
was not one." The names of the following re
stat'iy Criminal Law. Secondary Punishment.
289 formed characters have been furnished, but for Now, then, as to the eventual risks likely obvious reasons, we suppress them and give to altend the measure; for land would numbers only.
have to be taken or purchased at least “ No. 1 was committed
to the county, prison sufficient for the first operation. Assuming in 1934, för 'housebreaking: "He had an allot- the number of 500 discharged convicts without ment of land in 1837, and received a prize the other means of immediate employment, save on second year for general good conductor the land to be so let to them, 1,000 acres at
No. 2 was committed in 1832, (with an- least would be the amount needed for the purother,) for sheep stealing, and attempting or pose. The rent being that of the general proposing to murder the watchmans being farmer, say at one pound an acre, what secufound guilty, he was imprisoned, and his ac- rity would there be for the payment of 21. per complice was transported for life. He was ad- annum for two acres from each tenant? Purmitted a tenant in 1836, and has since con- suing the necessary course that each must take
ducted himself with propriety, and is regular in in the cultivation of his farm by the spade, he his attendance at one of the chapels in the will within the first few months, in the digging parish.
,!" 101 24036.22. and cropping of his farm,' have made it equal No. 3 was committed in 1832 for highway in value to the rent, so that if he could go no robbery, and
at the same time was suspected further, the most improbable thing that can be, of passing counterfeit coin. The prosecutor, the rent would be secured, and the further he from some cause, was prevented from appearing went on the better also would be the security against him, consequently he was acquitted in the land itself; that the risk would be graHe had an allotment granted to him in 1836. dually lessening as the benefits were gradually The first year he received a prize of 21. for good extending." But 'as the tenant would have conduct; the second year one pound, the third earned a little money to start with, the greater, year he received a certificate of the entire ap- therefore, the probability that no difficulty Probation of the committee; and the fourth year whatever would exist in this respect. The exone pound, He has now removed from the amples are taken in the strongest way against yillage, and placed by the liberality of a neigh- the experiment, and prove in truth that there is bouring gentleman in a comfortable cottage to no risk in it. which is attached two acres anil a half at a very If the allotment farms were established near moderate rent,
the "curing stations, they would to a con“No. 4 was sent to the treadmill for a short siderable extent benefit each other; the refuse period for disorderly conduct. He had two of the latter being taken off to enrich the soil roods of land allotted to him, early in 1839, of the other, and so increase its produce. The and since that time has given no cause what- produce , of the former again, thus increased, ever for complaint.
55,911 furnishing a portion of the food to the inmates * No. 5 was sentenced to three months im of the curing house. The reciprocal advanprisonment in 1834, for felony. He had an al tages are indisputable, and they equally tend Totment granted him in 1838, and since that to the restoration and advancement of chatime he has conducted himself with much pro, racter, so that by slow but secure steps and depriety. Appoint
toon grees the mass of crime is transformed into No. 6 was committed to prison for a short one of productive industry and contentment. period in 1833. In 1838 he had an allotment We may, now return to the common question of land, and is now a very honest and indus- of profit and loss in the whole of the proposed trious character.".! 13 il 10****)
measure. If it were clearly shown that the The extracts go on to twelve cases, and all saving hence arising will be very considerable, are in like manner favourable to the reformation then all doubt or hesitation ought consequently of the parties, and their entire restoration to all to cease, and the readiest and easiest means the advantages of civil society. Such proofs of adopted to carry the plan into operation. Tako the beneficial tendency of the allotment system ing the sum of 150,0001., then, as the amount are beyond all arguments to satisfy every un now annually spent in imprisonment only and prejudiced mind. The matter is simply here punishment on board the hulks at home, then how best to practise it in regard to convicts let us see how this could be best applied to the after their period of punishment is ended. On fisheries. 100 or 150 vessels fitted up for the the plan before stated in my former letter of deep-sea fisheries on the west coast of Ireland the discipline and constant and beneficial em would require one-third or more of the aforeployment of them, it may be fairly presumed said capital, as it may be called, when thus-apthat their past correction will have fitted them plied. But the expenditure does not occur admirably for beginning a more advantageous again for many years, and in the meanwhile it and entirely independent course on their own provides the means for repayment from the account. For such, however, a larger farm profits of the undertaking. In this there is a than a quarter of an acre would be needed, as striking improvement over the present mode of their whole livelihood would be probably thence expenditure of the same amount. Now, then, derived. In all cases, then where parties are a certain portion of clothing is to be provided not engaged in labour for others, from one to for 4,000 persons; and the whole of their daily two, or even three acres, would not be too maintenance. Assuming the sum of 151. a much. 2 The proportion could., very easily be year for each, this would require 60,000!, more, adjusted according to circumstances, and vary. Such outlay will always under any circuming with them.
290 Criminal Law.-Secondary Punishment.- Contentions at the Chancery Bar. stances occur. We have still left the sum of kingdom. Advocates whose nerves were 40,0001. or 30,0001. to be applied in the erection not strong enough to endure the turmoil of the curing department, and in the taking or and contention of the common law bar, or purchasing of waste land for allotments. Divid- the animated conflicts of a nisi prius or ing this latter sum, it will probably suffice for both purposes, but cannot occur again to the assize court, and who shrunk from the like extent; on the contrary, it bears the cha- angry disputes at the Old Bailey, deemed racter of an investment of so much that could their feelings safe from outrage, and their scarcely be more profitably made. In the temper from irritation, in the presence of second year, with the same income, we should the judges of the High Court of Chancery. require not a great deal more than 60,000l. to There might be an occasional sarcasm from be expended in maintenance, thus saving the
a Heald or a Sugden, an elaborate joke remainder for other purposes as may be required. As an increase may arise in crime, so
from a l'etherall, or a flash of wit from a would there thus be the increased means of Rose, which might produce a slight demeeting it, though not for vessels to an equal termination of blood to the head of the amount, yet in considerable numbers, till the opponent, but they were always adminisperiods of punishment of many convicts gradu- tered without acrimony, and led to no ally expired. This diminution would go on breach of legal friendship. every year, and make way consequently for a
Now, however, it seems that the stormy like portion of fresh criminals. Let us now look to the other side of the account,--the re
discussions, not only of “the other side of turns that may be well expected and relied Westminster Hall,” as it used to be called, · upon. In the deep-sea fisheries there is but but of the Criminal Courts, where some allittle, if any, variation in the supplies. They lowance may be made for zeal in cases of suffice, as has been seen, to yield 15 per cent. life or death, are transferred to the hither. profit in the case before quoted. This profit to decorous purlieus of a court of equity, embraces, of course, every outlay of outfit and and in the presence of a judge who, above maintenance of the crews, and also their wages. all others, “bears his high office so Upon this sure footing then, already so clearly proved by actual experiment, is it going too far meekly,” and with such unvarying urbanity to assume that the whole of the money requi- to every one. site for maintenance will be returned that We cannot introduce to our readers " the 60,0001. a year, more or less, will be saved ? scene," as described in the newspapers, beIt seems to follow as a matter of course. But tween Mr. Purton Cooper and Mr. Bethell, we have more, we have returns on the invested Counsel of her Majesty, learned in the law, capital that give an adequate remuneration for but shall extract from the pamphlet of Mr. such investment; so that unless the most gross "mismanagement takes place, no loss whatever Cooper his version of the facts, vouched ought to be incurred." I have forborne to go by the authority of several of his brethren : into details, or minutely to carry out further "Early in the morning of Tuesday, the 13th estimates where the ground taken is of a nature instant, à cause was called on in the Viceso novel and untried. If the general statements Chancellor of England's Court. Mr. Bethell are well-founded and near the mark, they will was the leading counsel for the plaintiff, and not fail
, doubtless, in their respective particu- Mr. Cooper was the leading counsel for the lars. It should not, however, prevent the ex- defendant. It had been arranged on the preperiment being tried, even if the estimates ceding day, the cause being one of little ime should exceed the returns, or even
portance, but nevertheless, likely to occupy a short of the expenditure. The question is this, considerable time, that the junior counsel for can 150,0001. a year be better laid out and the plaintiff should proceed, notwithstanding more to the interest of the country and the re- Mr. Bethell's absence in the House of Lords. formation of the convicts by the means pro- On the cause being called on, no counsel apposed than by the present mode? Is it better peared for the plaintiff
. When the Vice-Chanto punish rather than reform them;-to provide cellor took his seat the junior counsel for the unproductive rather than productive labour for plaintiff had intimated to Mr. Cooper his in- them, and afterwards to turn them adrift to tention to open the case; but there were cir: commit new crimes and misdemeanors ?
cumstances which afterwards induced a belief JOHN ILDERTON BURN.
in the mind of Mr. Cooper, and, as the result
has shown, a similar belief in the mind of the CONTENTIONS AT THE CHAN. Vice-Chancellor, (although his Honour was CERY BAR.
not so fully acquainted with those circumstances,) that in consequence, apparently, of
some new pressure from the client, such junior The Court of Chancery, amidst all the counsel had finally determined, probably with complaints of its procrastinations and tedi. being unable to avail himself of the plaintiff's
reluctance, to take the chance of the defendant ousness, bas enjoyed the reputation of default, an experiment of late very often, and being the most gentlemanly tribunal in the but too successfully, made. The plaintiff's so