498 Freedom of Members of Parliament from Arrest.-Construction of Statutes. CONSTRUCTION OF STATUTES. ACTION AGAINST A RETURNING OFFICER quence of those laws which he has made for its never being called into practice, except pecuniary defaulters such as himself, but for the most disreputable purposes. when the penalty comes home to him he repudiates it by virtue of his legislative position. The makers of the laws should be the first to set an example of obedience, except when there is good reason for exemption, but there is avowedly none whatever for permitting a member of parliament to THE latest number of the published reavoid perpetually his pecuniary liabilities. ports of cases determined in the Common The old ground upon which the privilege Pleas furnishes an instance of an action formerly rested was, the necessity for against a returning officer, for not allowing members being free to go and return at all an elector, whose name was on the register times to their duties, and the immunity of voters, to vote at an election for a memwas supposed to endure as long as might ber of parliament. Although the judgbe considered sufficient to give time for ment of the court was directed chiefly to travelling backwards and forwards from questions arising upon the pleadings, the any part of the kingdom between the construction to be put upon certain prosittings. In these days of rapid locomo- visions of the statute 6 & 7 Vict. c. 18, s. tion, "we need not," as is well observed 81, on which the action was founded, was by the Times, "point out the impudent incidentally discussed, and as the act had absurdity of eighty days for the going from not hitherto become the subject of judicial and coming to parliament. Eighty hours consideration, the views taken by the would be far more than the members would judges, as to its operation and effect, may be entitled to for any such purposes, even at this time interest many of our readers. if it were of public benefit that the privi- The facts upon which the action was lege should be retained." brought, as they appear upon the pleadWe should be sorry to see anything so ings, were shortly as follow:-A new writ unbecoming as a contest between the public was issued for the borough of Abingdon, and the legislature on such a matter as the Berks, on the 30th June, 1845, upon the power of the former to make the members occasion of Sir F. Thesiger accepting the of the latter answerable for their just debts. office of Attorney-General. The defendIt would never be worth the while of par- ant, Mr. Belcher, was mayor of the liament to enter into such a dishonourable, borough and the returning officer. The not to say dishonest, struggle, for the ad- plaintiff was a burgess of Abingdon, and vantage of a few individuals of less than his name stood No. 216 in the register of doubtful credit, who add nothing to the voters. The election took place on the 8th dignity of the assembly in which they are July, when the candidates were Sir F. only enabled to retain their seats by bid- Thesiger and James Caulfield, Esq. The ding defiance to their creditors. A so- plaintiff tendered his vote for James licitor, writing to the journal we have Caulfield, Esq., and the questions authoalready quoted, suggests the possibility of rised by the act of parliament (6 & 7 Vict. enforcing judgment debts by making a c. 18, s. 81,) were then put to him and claim on the property furnishing the quali- answered in the affirmative. It was obfication required by law to be held by a jected, however, that the plaintiff was not candidate at the time of his election. The entitled to vote, as he did not continue to 1 & 2 Vict. c. 110, s. 13, certainly enacts, reside in the borough, as required by the that all judgments entered up shall operate proviso annexed to the 79th section, and as a charge upon any lands, tenements, the defendant entertained this objection, &c., that the debtor may possess at the entered into an investigation as to the time, or may subsequently acquire; and facts, and finally determined that the we are inclined to believe that the experi- plaintiff was not entitled to vote, and dement proposed would be. at all events, clined to reckon the plaintiff's vote The more satisfactory amongst those tendered for Mr. Caulfield, would be, however, to avoid the but inserted it as a vote tendered and not Scandal of these unseemly contests be- received. The action was brought under tween certain members of parliament and these circumstances, and the declaration their creditors, by the renunciation of a contained three counts. The first count E privilege that has ceased to be useful, and NEW trial. has become positively degrading at last by ↓ Pryce v. Belcher, 3 Com. Bench, 58. Construction of Statutes.-New Statutes effecting Alterations in the Law. 499 holding of a scrutiny might have had the effect of preventing the plaintiff from exercising his right of voting. The court also thought the defendant's second plea was bad for the reason assigned, by leaving it alleged that the defendant wrongfully refused to permit the plaintiff to give his vote, or allow the same to be entered and recorded, and that a burgess was elected, the plaintiff being so excluded. The second count alleged that the defendant in doubt whether the defendant meant to maliciously, &c., instead of entering and rely upon the absence of the plaintiff's recording the plaintiff's vote in the poll name from the register, or upon his want books, refused to receive the same, or to of qualification as a voter. There was admit the same to be entered and re- judgment for the plaintiff, therefore, upon corded, but on the contrary thereof, caused all the points raised on the pleadings, with the vote of the plaintiff to be entered in liberty, however, for the defendant to the column of votes tendered in the poll amend on the usual terms. In the course books, and at the close of the poll refused of the argument the difficulty was pointed to reckon the plaintiff's vote among the out and commented upon by the court, of votes given for that candidate, whereby reconciling the provisions of the statute the plaintiff was deprived of the right to which disentitles a party from voting who vote at that election. The third count has ceased to reside in or within the prealleged, that the defendant, maliciously in- scribed distance of a borough, and yet tending to delay the plaintiff in the exer- prevents the returning officer from rejectcise of his right of voting, allowed a ing a vote in such case. It would appear, scrutiny to be held with regard to his vote, therefore, that the power of adjudicating and took upon himself to determine, after upon a vote tendered by a person whose such scrutiny, that the plaintiff was not name appears on the register, and who entitled to vote at that election, whereby has ceased to reside within the limited the plaintiff was delayed in the exercise of distance, is reserved exclusively for a comhis privilege of voting, and a burgess mittee of the House of Commons. elected, the plaintiff being so hindered. ante, p. 308). To the first count the defendant pleaded TIONS IN THE LAW. HIGHWAY RATES. 10 & 11 VICT. C. 93. (See not guilty, and also, that the plaintiff was NEW STATUTES EFFECTING ALTERAnot duly qualified or entitled to vote at the election; and the second and third counts were demurred to on the ground that they disclosed no sufficient cause of action. The plaintiff, on his part, demurred to the defendant's second plea, on the ground that it was ambiguous, as leaving it uncertain in what sense the word "qualified" was used. An Act to continue until the 1st Day of October, 1848, and to the End of the then next Session of Parliament, an Act for authorizing the Application of Highway Rates to Turnpike Roads. [22nd July, 1847.] 1. 4 & 5 Vict. c. 59. Recited act further continued.-Whereas an act was passed in the rize for One Year, and until the End of the 4 & 5 Vict. c. 59, intituled "An Act to authothen next Session of Parliament, an Application of a Portion of the Highway Rates to Turnpike Roads in certain Cases," which act has been continued by sundry acts until the 1st day of October in the year 1847, and to the end of the pedient that the same may be further conthen next session of parliament; and it is ex The court thought the second count disclosed a sufficient ground of action, as it appeared from it that there was a refusal to receive and give effect to the plaintiff's vote, which was inserted in the column appropriated, under section 59, to votes tendered by persons not on the register. Section 82 enacted, that it should not be lawful to reject any vote tendered by any person whose name was on the register, except it appeared that the person claimtinued: Be it enacted by the Queen's most exing to vote was not the person described cellent Majesty, by and with the advice and on the register, or that he had previously consent of the Lords spiritual and temporal, voted. The plaintiff was properly de- and Commons, in this present parliament scribed on the register, and had not pre-assembled, and by the authority of the same, viously voted, and yet his vote was rejected. The action was also maintainable on the second count, as the holding a scrutiny was an unlawful act on the part of the returning officer, and it was clearly possible that the delay arising from the That the said act shall be continued until the 1st day of October in the year 1848, and to the end of the then next session of parliament. 2. Act may be amended, &c.-And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament. 500 New Statutes.-Review: Bowyer's Commentaries on the Constitutional Law of England. TURNPIKE ACTS. 10 & 11 VICT. c. 105. An Act to continue until the first Day of Oc- markable extent the power of the middle classes. There have been returned a greater number of railway directors, engineers, and contractors, and of political writers and lecturers; while the of barristers, of merchants, of retail tradesmen, number of naval and military officers, of persons connected with noble families, and of country gentlemen, has been smaller than in any of the last fifteen years." Mr. Bowyer appears to be conscious of important projected changes, the discussion of which may be expected in the next and future sessions, and some of which Law of England. may seriously affect the Constitutional 1. Continuance of certain acts respecting turnpike roads in Great Britain, except 6 Geo. 4, c. clx.-Whereas it is expedient that the several acts herein-after specified should be continued for a limited time: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That every act now in force for regulating, making, amending, or re"The circumstances (he says) of the present pairing any turnpike road in Great Britain time indeed render the study of constitutional which will expire on or before the end of the law peculiarly important. The hitherto more next session of parliament shall be continued or less well-defined boundaries of party are until the 1st day of October in the year 1848, broken and obliterated by a remarkable course and to the end of the then next session of par- of parliamentary events. Men can no longer liament, except an act passed in the 6 Geo. 4, c. look in the same way as they formerly did to clx., intituled "An Act for making and main- the guidance of leaders, and the recognized taining a Turnpike Road from Brompton and tenets of the school of politics, which their own Earles Court in the Parish of St. Mary Abbott's general opinions may have led them to adopt. Kensington in the County of Middlesex, to Party is not indeed extinguished, but it must in communicate with the road called Fulham Fields all probability be for the future more temporary, Road at North End in the same County; and uncertain, and evanescent than it has been. for making another Turnpike Road to commu- We are, therefore, now chiefly left to exercise nicate therewith from the High Road from our individual judgment on particular questions London to Fulham in the same county. and measures. And the task of forming that judgment is rendered more arduous, because a contest for power is going on between two classes in the nation; which bids fair to change the balance of the three powers wherein the machine of the state consists. It is therefore peculiarly necessary that those who enjoy any political liberty or franchise should consider each public question with reference to its probable effect on the practical working of the constitution. They must consequently endea vour to acquire a knowledge, not only of the general principles, but of the details of the constitution. Whatever may be their views as that knowledge must be very necessary to ento the expediency or danger of political changes, able them to see the bearing of those changes which they desire or fear. The study of constitutional law will, in many instances, show that supposed defects in our civil policy are more imaginary than real; and in others it will discover what remedies are most agreeable to the dictates of prudence, and the lessons of experi ence, and best calculated to harmonize with our mixed form of government. In some cases also it will point out where the sound principles of the common law are imperfectly carried into effect, and how those principles can best be brought to their just development." 2. Act may be amended, &c.-That this act may be amended or repealed by any act to be passed in this session of parliament. NOTICES OF NEW BOOKS. Commentaries on the Constitutional Law of England. By GEORGE BOWYER, of England. By GEORGE BOWYER, D. C. L., Barrister-at-Law. Second edition. London: Stevens & Norton. Pp. 530. WE noticed the first edition of Mr. Bowyer's work at the time of its publication. The present edition has opportunely appeared prior to the meeting of the new parliament, in which it may be anticipated that many further alterations in our ancient institutions will be attempted, if not carried. It has not escaped the notice of a popular contemporary, the Athenæum, that the new parliament differs to a very large extent from the last. It is in a special sense new; so many persons not having been introduced to that body since the first reformed parliament as on this occasion. In that former assembly there were 280 new members in the present there are 223-who had no seats at the previous dissolution. But the composition of the house is even still more significant; increasing to a re Our author further observes, that "We must not forget how important a part almost all private persons of any property have It appears that there are nearly seventy chairmen or directors of railway companies, of whom about twenty are new members. Review:-Parliamentary Report on Legal Education. 501 to perform in the working of that complex sys- tended to. The candidate for future emtem, the British Constitution, especially since ployment in the administrative and official the Parliamentary Reform Acts, and that sta- departments of the state is required, equally tute which lately placed the government of our with the professional lawyer or jurist, as towns on a very popular basis. And that extension of popular principles renders it now has been already seen, to go through all more especially necessary, that all men should these preliminary studies and examinations, beware lest they approach the public functions and, in addition, to prove his competency which the last has entrusted to them without in those others which in Germany are sufficient knowledge of the system wherein comprised, as already stated, under the they are responsible for the performance of their name of "Camerialia." particular duty, and which they are bound to hand down uninjured to future generations." The following are the several heads of the chapters into which the work is divided: power "This course embraces,-1. A general introduction to the science of national economy, finance, police, international law, and diplomacy, which would necessarily include a knowledge of the treaties existing between different 1. Common law of England. 2. On equity. states, and the doctrines of Roman law ap3. Of the United Kingdom of Great Britain plicable to controversies of an international and Ireland. 4. Of the colonies, plantations, character. 2. The Staatsrecht, which includes and other foreign possessions of the Crown. an examination of the constitution and forms 5. Of the legislative power. The parliament of government of the different states of Europe its constituent parts. 6. Of parliament-its and America. This subject is treated in three laws and customs. 7. Of the executive different forms by three different lecturers. 3. -of the Queen and her title. 8. Of the Royal A similar course on the institutions of antiquity Family. 9. Of the councils belonging to the and of the middle ages, together with comparaQueen. 10. Of the Queen's duties. 11. Of tive statistics. 4. The principles of executhe Queen's Prerogative. 12. Of the Queen's tive government and police, and the conduct internal administration. 5. National royal authority. 13. Of the Queen's Revenue of -of the Queen's ordinary revenue. 14. Of economy, the science of finance, the general the Queen's extraordinary revenue. 15. Of history and principles of commerce. the judicial power and jurisdiction in general. science of agriculture, embracing management 16. Of the public courts of common law and of soils, breeding and superintendence of doequity. 17. Of courts ecclesiastical. 18. Of mestic animals, particularly with reference to courts military and maritime, and courts of a the breeding of sheep and the production of special jurisdiction. 19. Of the administra-wool; cure of the diseases of domestic animals; tion of justice in civil cases. 20. Of courts of woods and forests, &c. 7. Manufactures; a criminal jurisdiction. 21. Of the administra- chemistry applied to manufactures; mining tion of criminal justice. 22. Of sheriffs, and metallurgy, constructive geometry, elemencoroners, justices of the peace, constables, sur-tary engineering, mechanical technology, as veyors of highways, overseers of the poor, and of municipal corporations. 23. Of naturalborn subjects, denizens, and aliens, and of corporations. 24. Of the primary rights and liberties of the subject. 25. Of the clergy. 26. The civil state. 27. Of the military and naval states. To these are added tables and law of precedency, and a statement of recent alterations in the law. Mr. Bowyer has rendered an essential service both to the public and the profession by this new edition of his Constitutional Commentaries, which he has very carefully revised. 6. The exhibited by models, &c., &c. To this depart- REPORT ON LEGAL EDUCATION. the candidate intends himself for the foreign or FOREIGN SCHOOLS OF LAW, home department, for diplomacy, the customs, mining, woods and forests, finance, or the police, &c.; nor will it be sufficient that the In our last number (p. 491) were stated candidate himself makes such choice; his the means provided, and the guarantees pend upon the manner in which this course future profession as well as rank will much detaken, for the legal education of profes- of study and examination is gone through. sional men of every grade in Prussia. Should he pass with distinction, he is eligible The unprofessional classes are not less at- to the higher departments; if, on the contrar 502 Legal Education.-Incorporated Law Society-Metrop. and Prov. Law Association. he should be found not completely satisfactory | hours a week. History of the German Chamin parts of his information, he obtains a certifi- | bers, two hours a week. Explanations of cate of his being sufficiently grounded in those judicial authorities of a purely German chasubjects to which he answers, and this certifi - racter, as opposed to civil law. The Sachsen cate will authorize his being appointed to in- Spiegel,' a body of statutes analogous to the ferior government offices, but not to superior Carolina,' (a body of criminal law formed ones, such as that of "Geheim Rath," or to under Charles V.,) one hour a week. Laws any office to which a Geheim Rath is eligible. respecting the international rights of the The Geheim Rath corresponds in our system German states and principalities, and respective to those officers who in permanent situations relations to one another; as, for instance, the carry on the executive operations of the govern-rights co-ordinate with and subordinate to the ment, and whose functions are not of a purely German Diet, to which five hours a week are mechanical but of an administrative character; devoted. Interesting questions of law which such as the officers in the navy pay-office, the have arisen in the 18th and 19th centuries, two commissioners of customs, excise, &c, &c. hours weekly. Criminal psychology, or an inThe selection is made by the legal student quiry into the moral responsibility and free generally at the period of passing the state ex- agency of the accused. Trial by jury, which, amination. The private gentleman is not com- although not existing in Prussia, is there as pelled to the same course of study as the pro- elsewhere the subject of investigation and disfessional or official; the reason is obvious: he cussion. When it is added that not only is is not, as such, intended for the same duties, full and easy access permitted to all these nor is he placed in a position even analogous courses, but that they are frequently objects of to that of the private gentleman with us. Un- great attraction, from the remarkable ability, less in the service of the state, he has in Prussia high reputation, extensive experience, and wellno political functions, and all magisterial ones, known zeal of the professors, and, in conse such as those of the Patrimonial-Richter and quence, well attended, it cannot be denied that Frieden's-Richter, are discharged by members every means are adopted to provide largely and of the legal profession only, like the stipendiary efficiently for the legal education of every class, or resident magistrate appointed by the govern- professional and unprofessional. Nor is this ment here. The sons of the nobility, generally, to the exclusion of other studies. Whilst these enter the university either with a view to be- courses are going on, it is not unusual for the come government officers and servants of the legal student to frequent others in the faculty state, or in order to devote themselves to agri- of philosophy, which embraces science, literaculture. Those who restrict themselves to the ture, and art, the fine arts as well as the useful latter pursuit, in the event, which is not usual, and mechanical. No complaint is made by the of their entering the university at all, enter it professor that he is overburthened; nor by the as students of philosophy, as "Cameralists," student (though, independently of his private which gives them the kind of knowledge most study, he may have to attend daily six or seven useful for their purposes, without insisting on lectures of an hour each,) that he is overthe specialties; in other words, the general tasked." principles of science, finance, political economy, The committee consider it unnecessary commercial statistics, agricultural science, &c., &c.; and in addition, if desired, a most ento enter into any comments on the conlarged system of ancient and modern litera- trast which our system presents to that ture. It is to be observed, too, that the whole just noticed. of the courses already noticed are opened to such students, though not insisted on ; (they pass no examination, nor is it even necessary they should have matriculated;) together with the innumerable others of an analogous nature which every hour are going on in the university. To form some estimate of their frequency and minuteness, it is suffi- We have received many inquiries regarding cient to refer to the lectures in the faculty of the respective duties of these two Associations. jurisprudence alone, as given in the programme Some of our correspondents suppose that all of the University of Berlin, in last year, from INCORPORATED LAW SOCIETY, AND THE METROPOLITAN AND PROVINCIAL the 15th of October, 1845, to the 28th March, the objects which it may be proper to obtain, 1846. The subjects of these lectures amount can be pursued by the Incorporated Law So to not less than 32, and are given by 14 pro- | ciety, which is composed as well of country as fessors, some of them lecturing on two or three, town solicitors. at different hours of the day. Amongst them are found the encyclopædia of law, (a general The Incorporated Law Society, though open introduction to the science of jurisprudence,) to the whole profession, is, and probably will two professors weekly, four hours each. always continue to be, essentially a London inHistory and moral philosophy of law and state stitution alone. No considerable number of policy; selected passages of peculiar difficulty, from the Institutes of Justinian, one professor, provincial solicitors have joined it, and it is two hours a week. Fragments of Ulpian, two doubtful whether they will ever do so. We may |