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536 Registration of Attorneys.-Legal Obituary.- Professional Lists.-Letter Box. ANNUAL REGISTRATION OF AT- MASTER EXTRAORDINARY IN CHAN.

CERY. TORNEYS. In order to expedite the preparations for the From August 24th, to Sept. 17th, 1847, both inclusive,

with dates when gazetted, Annual Certificates of Attorneys, which are to

Davies, James, Hereford. Sept. 14. be issued next month, it is desirable that the London agents shall fill up the declarations ac

DISSOLUTIONS OF PROFESSIONAL PART. cording to the 6 & 7 Vict. c. 73. The forms

NERSHIPS. may be obtained (without expense) from the Secretary at the office of the Incorporated Law From August 24th, to Sept. 17th, 1847, both inclusive, Society, as the Registrar of Attorneys.

with dates when gazetted. We understand that whilst it will be an ac- Andrew, John, and William Andrew, Manchester, commodation to the officer who has to examine

Attorneys and Solicitors. Sept. 3. these 10,000 documents, to receive them as

Armstrong, William Matthew, and Charles Fisher,

38, Red Lion Square, Holborn, Attorneys and early as possible, the convenience of the pro- Solicitors. Sept. 17. fession will be consulted by having their cer- Ellis, John Luttman, Richard Blagdon, and Henry tificates in readiness at the day appointed.

Upton, Petworth, Attorneys and Solicitors, so
far as regards the said John Luttman Ellis.

Aug 27.
LEGAL OBITUARY.

England, John, and George Lawrence Shackles,

Kingston-upon-Hull, Attorneys and Solicitors. Aug. 8.— William Thomas Paris, Solicitor, of Sept. S. Stroud, Gloucestershire. Aged 41. Admitted Fennell, Edward Francis, Robert John Child, and on the Roll, H. 1827.

William Robert Kelly, 52, Bedford Row, Aug. 12.-Anthony Freeman Payn, jun., So

Attorneys and Solicitors, so far as regards the

said Edward Francis Fennell. Sept. 3. licitor, of Hythe. Aged 25. Admitted on the Roll, E. 1844.

Quilter, James, and John Taylor, 7, Gray's Inn

Square, Attorneys and Solicitors. Sept. 10. Aug. 13.—George Abbey, Solicitor, of Northampton, Coroner for the county, and Secretary of the Northamptonshire Law Society. Ad- THE EDITOR'S LETTER BOX. mitted on the Roll, E. 1810. Aug. 26.—Henry Lucas, Solicitor, of New.

In the earlier years of this work, we were port Pagnell, Bucks. Aged 56. Admitted on the Roll, E. 1814.

accustomed to submit to our readers the subAug. 27.- Joseph Ashton, of the Middle stance only of New Statutes, and to publish Temple, Barrister-at-Law. Aged 27. Called them in extenso, with notes, in detached to the Bar 21st Nov. 1845.

volumes. We have for several years included Sept. 4.-Nathaniel Stevens, Solicitor, of all the Law Acts verbatim in the Legal Gray's Inn Square. Admitted on the Roll, T.

Observer. 1806.

We also published, from the year 1831, in a Sept. 6.-William Scott Peckham, of the Inner Temple, Barrister-at-Law. Aged 75. separate form, "The Analytical Digest of Called to the Bar 2nd July, 1813.

Cases reported in all the Courts." We have Sept. 11. - Clement Patteson, Solicitor, of now incorporated the Digest of Cases into the Berwick-upon-Tweed, Admitted on the Roll, principal work. Thus all our readers have the T. 1800.

benefit of the entire collection of Statutes relatSept. 14.—Charles Cook, Solicitor, of New ing to the Law and the effect of the Decisions Inn. Aged 50. Admitted on the Roll, E.

of all the courts. 1818. Sept. 15.-S. Barrett, of Lincoln's Inn, Bar

We were also formerly in the habit of pubrister-at Law. Called to the Bar of the Middle lishing divers volumes for professional use. Temple 24th Nov. 1837.

We now intend to incorporate whatever may be Sept. 25.

- The Right Hon. Sir John Bern- useful into the Legal Observer itself, and ard Bosanquet, Knt., M. A., late one of her render it a book of indispensable utility, as well Majesty's Justices of the Court of Common Pleas. Aged 74. Called to the Bar by the to the practitioner as the student. Society of Lincoln's Inn, 9th May, 1800; ap

The suggestions for the Legal Almanac, pointed a Serjeant-at-Law, M. T. 1814; a Year-Book, Remembrancer, and Diary for King's Serjeant, E. T. 1827; a Justice of the Common Pleas, H. T. 1830.

1848, shall be carefully considered. September 25. — Isaac Last, Solicitor, of

We are obliged to G. J. for the Report of the Hadleigh, Suffolk, aged 60. Admitted on the Decision at the Judge's Chambers, and shall

insert it next week.

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Roll, E. 1817.

The Legal Observer, DIGEST AND JOURNAL OF JURISPRUDENCE.

SATURDAY, OCTOBER 9, 1847.

“ Quod magis ad nos
Pertinet, et nescire malum est, agitamus.”

HORAT.

RECENT ALTERATIONS IN THE clared to be simple larceny, or punishable CRIMINAL LAW.

as such, and whose age shall not, in the opinion of the justices, exceed fourteen

years, shall, upon conviction before two JUVENILE OFFENDERS' ACT.

justices assembled in petty sessions, at the The statutes passed in the Session of usual place, and in open court, be liable to Parliament which has lately concluded, certain punishment, at the discretion of effecting alterations in the Criminal Law, the justices. The person so convicted may although limited in number, are not devoid be imprisoned in the common gaol or house of importance. The acts falling with of correction, for any term not exceeding in this description are, the “ Juvenile three months, with or without hard labour ; Offenders' Act,"' 10 & 11 Vict. c. 82; the or he may be adjudged to pay any sum not

Threatening Letters Act,” 10 & 11 Vict. exceeding 31.; or, if a male, may be once c. 66; and the “ Custody of Offenders' privately whipped, either instead of, or in Act,” 10 & 11 Vict. c. 67. All these addition to such imprisonment. Moreover, statutes have been printed verbatim in the upon the hearing of the case, if the justices present volume, and will demand attentive shall deem the offence not to be proved, or perusal and consideration from those who that it is not expedient to inflict any are interested or engaged in the adminis- punishment, they may dismiss the party tration of the Criminal law.

charged, on his finding sureties for his The Juvenile Offenders' Act,a when its good behaviour, or without sureties, and provisions come to be carefully examined, give him a certificate of dismissal, which can scarcely fail to be deemed a grave ex- certificate, as well as a conviction, shall periment, involving the consideration of have the effect of releasing the person legal principles of acknowledged import- charged from further proceedings for the ance. The avowed object which the same cause. It is also provided, that if framers of this measure had in view was, the justices shall be of opinion, before the to avoid the evils of long imprisonment, as person charged has made his defence, that regarded juvenile offenders, by allowing the case is a fit subject for indictment, persons of this class to be proceeded against they may decline to adjudicate thereupon in a summary manner, without the inter- summarily, or if the person charged, upon vention of a jury. To effect this object being called upon for his defence, refuses the act provides, that every person who to have his case summarily disposed of, it shall be charged with having committed, or shall be dealt with by the justices as if attempted to commit, or with having been this act had not passed. aiding, abetting, counselling, or procuring The latter provision materially diminishes the commission of any offence, which may the feeling of jealousy with which, we connow or hereafter be by law deemed or de- fess, we regard all attempts to supersede

that now much decried institution, trial by a Printed ante, p. 392.

jury. As we understand this enactment, Vol. XXXIV. No. 1,022.

B B

538

Recent alterations in the Criminal Law- Juvenile Offenders' Act.

before the trial by jury is dispensed with full approval of all the parties immediately in any case in which it is now required by concerned, still we may be excused for law, the party putting the law in motion, entertaining some doubt, whether the the justices, and the person charged, must public interest is best consulted, by disall concur in considering the tribunal se- pensing with the solemnity and publicity lected at least as well fitted as a jury for necessarily attendant upon a trial by jury, deciding upon the merits of the case. in any case where the liberty of the subAssuming that the accused "juvenile" is in ject is involved. every case well informed as to his rights, Another provision is to be found in the and capable of deciding discreetly as be- Juvenile Offenders' Act, which, we believe, tween the justices and a jury, so far as the is entirely novel. The 12th section enacts, immediate parties are concerned, perhaps that when any person shall be deemed they have not much reason to complain, guilty under this act, the presiding justices and the enactment may be deemed a harm- may order restitution of the property in less experiment. It is not very difficult to respect of which the offence has been comconceive that cases may arise, however, in mitted, to the owner, and if such property which the law may be put in motion by shall not then be forthcoming, the justices persons other than those really aggrieved, whether they award punishment or dismiss and where the object of bringing the the complaint, may ascertain the money accused before justices, and obtaining a value of the property in question, and certificate of dismissal, or even a con- order payment thereof, by the person conviction, may be, the protection, and not victed to the owner, by instalments or the punishment of an offender. A larceny otherwise, and the party so ordered to pay may be committed under circumstances of may be sued for the amount as a debt in great aggravation. Before the party ac- any court in which debts are recoverable tually aggrieved has taken any steps to by law. Under this section, therefore, a punish the offender, he may be brought "juvenile" who has been convicted of before justices under this act, the charge larceny may suffer three months' imprisonmade, but the aggravating circumstances ment and be privately whipped, and at the intentionally concealed, and upon a con- same time have a debt hung round his neck fession, or sufficient proof, a slight punish- like a millstone for the remainder of his ment inflicted, which would operate as a days. The law which mercifully protects bar to further proceedings, and spare the a minor from incurring debts by entering offender the far greater punishment attend- into contracts during his minority, now ant upon a public investigation of his enables him to imitate his seniors, and offences. It may be supposed that the incur unlimited pecuniary liabilities, by operation of the act being confined to the commission of a simple larceny! It persons within the age of fourteen, affords cannot be denied, that this provision affords sufficient security that its provisions will a very substantial ground for preferring not be abused in the manner suggested; the summary tribunal created by the act but the mode of ascertaining the age of to the ordinary proceeding by indictment. any person accused is not pointed out in If the offender is a person with tolerable the act. It appears by the 4th section, prospects or respectable connections, the that the magistrates may be called upon to injured party may reasonably expect to act under the statute in every case in recover ample compensation by resorting which it is alleged that the age of the to this jurisdiction, whilst the Quarter person charged does not exceed 14 years, Sessions or the Assizes can do nothing and when brought before the justices, it is more than punish the offender. We shall sufficient, if they shall be of opinion—upon not be understood as questioning the justice the view or otherwise we presume—that and expediency of the provision which the offender is within the statute in respect affords some prospect that a guilty person of his youth. Conceding that two justices, may be compelled to indemnify the party or one stipendiary justice, who, by a proviso he has injured, when we observe, that if in the 2nd section, is to have the same the principle involved in this enactment be jurisdiction as two ordinary magistrates,) unobjectionable, we can conceive no good will

Il probably decide upon the facts arising reason why it should be confined in its apCAS but of a charge of simple larceny with the plication to offenders not exceeding the age

sanie degree of intelligence and impartiality of fourteen years.
as a júry, and supposing the case to be As already remarked, the act came into
submitted to their adjudication with the immediate operation after it received the

Recent Alterations in the Criminal Law.--Altercation at the Middlesex Sessions. 539 Royal assent on the 22nd of July last, but the person charged to go at large, upon the difficulties which have already arisen in his finding sufficient sureties. When the carrying it into effect have hitherto re-party charged is unable to find bail, how stricted its practical operation to a very ever, it would appear that the only course limited number of cases. The justices in open to the justice to pursue is, to commit petty sessions are invested under the 14th for trial to the common gaol. If this section, with an extensive discretion in should occur in a great number of cases, ordering the payment of prosecutors and and we confess we cannot see how it is to witnesses' expenses, as well as compensa

be avoided, the chief object of the act, tion for their trouble and loss of time, and the prevention of imprisonment before are also authorised to order payment to the trial, will be in a great measure deconstables and other peace officers for the feated. To give the experiment anything apprehension and detention of any persons like a fair trial, therefore, it will be necesa charged; but the 15th section provides, sary to hold petty sessions much more frethat those orders shall not be valid, nor quently than at present. We presume paid by the county treasurer, “ unless this matter will also be brought under the framed and presented in such form and consideration of the magistrates at the api under such regulations as the justices of proaching sessions, and that petty sessions the peace in Quarter Sessions assembled will be appointed in every district, at inshall direct.” The Quarter Sessions have tervals not exceeding a week. not been holden since the act passed, and

Our comments upon the Act “for exwe appreliend it will be amongst the earliest tending the provisions of the Law respectduties of the magistrates at the present ing Threatening Letters, and Accusing October Sessions to settle a proper scale Parties with a view to Estort Money," of costs in pursuance of the act.

and the Act “to amend the Law as to the Our readers will observe, that the Custody of Offenders," must be deferred schedule to the act contains forms of the to a future opportunity. certificate of dismissal and conviction ; but the first section provides, that the certifi- ALTERCATION AT THE MIDDLEcate may be in the form, or “to the effect"

SEX SESSIONS. set forth in the schedule, and the 9th section provides, that the conviction may be drawn up “in the form of words set forth The daily newspapers have reported in the schedule, or in any other form of and freely commented upon an unseemly words to the same effect."

altercation which took place at the MidIrrespective of considerations founded dlesex Sessions, between the judge of the on the nature of the tribunal and the ex- court, Mr. Serjeant Adams, and Mr. tent of jurisdiction conferred by the statute, Henry Wilde, a junior member of the bar. the question remains, how far it is likely The matter originated in some particulars to fulfil the intentions of its framers by en- connected with the trial of a felony at suring the more speedy trial of juvenile sessions, and as Mr. Serjeant Adams' and offenders ? It seems quite clear that the Mr. Henry Wilde are at issue as to the authority conferred on magistrates by this facts, we abstain from giving increased act can only be exercised by justices “in publicity to what may turn out an inpetty sessions assembled, at the usual place, correct version. Whilst suspending our and in open court.". In some districts judgment on the merits of the controversy, throughout the kingdom the petty sessions we must be permitted to express unfeigned are held hebdomidally, in other places once regret at the manner in which it has been a fortnight, and in many localities only once conducted. If the scene at the Middlesex every month. Suppose a person to be Sessions has been correctly described in charged with the commission of an offence the newspapers, we give expression to cognizable by magistrates under this act what is less our own opinion than that of immediately after the holding of the petty the public, when we state, that it must tend sessions, how is he to be dealt with, if to lower the respect due to our courts of there be no petty sessions holden for a justice, and we trust the grosser parts at fortnight or three weeks after the charge is least of the report will be found to have made ? If the accused can procure bail, been mistakenly exaggerated. the course to be taken by the magistrate It was formerly considered, that the ex. is free from difficulty, as it is provided by hibition of an unruly temper and the emthe 5th section that the justice may suffer ployment of coarse language in a court of

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540

Altercation at the Middlesex Sessions.- New Statutes. justice disqualified the party indulging in allowances, gratuities, perquisites, and emoluthe one or the other from professional ad- ments received by them respectively on account vancement. Were it now understood that of their several offices or employments in rethis rule was inflexibly adhered to, the dis- spect of any causes or matters arising within creditable scenes so often witnessed in our temporary provisions of the first-recited act

the diocese which during the continuance of courts of justice of late years would be of were not within the jurisdiction of the bishop rare occurrence. Before quitting this of the diocese or other ecclesiastical authority, disagreeable topic, let us add, that we have and shall from time to time, once at least in heard it remarked so frequently of late every quarter of a year, and, on demand, at any years, that we doubt not there is foundation other time, pay over the net amount thereof to for the observation, that the judges, (with a Queen Anne, to be by him carried to a separate

the treasurer of the governors of the bounty of few distinguished exceptions) manifest less account, and retained until parliament shall courtesy and cordiality to the bar, than provide for the appropriation thereof; and in they were wont to do, and that the bar case any person required to pay over any money exhibit a diminished respect and deference under this act shall die or resign or be disfor the judges. How far the bench or the missed from his office while any such money bar have advanced in public estimation remains unpaid by him, the executors or adsince the change of manners was intro- ministrators of the person so dying, or the perduced, we leave it to our readers to de

son himself so resigning or dismissed, shall be

required to pay the balance of the money so retermine.

maining due and unpaid.

3, Jurisdiction in causes testamentary to conNEW STATUTES EFFECTING ALTERA- tinue unaltered by change of province, &c.-, TIONS IN THE LAW.

And be it enacted, That the jurisdiction of

every ecclesiastical court in England in causes ECCLESIASTICAL JURISDICTION. and matters testamentary or relating to the ad10 & 11 Vict. c. 98.

ministration of the personal estate of intestates An Act to amend the Law as to Ecclesiastical vince, diocese, archdeaconry, or other jurisdic

shall continue unaltered by any change of proJurisdiction in England. [July 22, 1847.] tion whatever within the same limits and in like

1. 68.7 W. 4, c. 77. Bishop to exercise ju- manner as was by law allowed before the passrisdiction throughout his diocese, save in causes ing of the herein-before recited act. testamentary. - Whereas much inconvenience 4. Law of Bona notabilia to continue unensues from the continued suspension of the altered by change of province, &c.—And be it several diocesan courts in England within those enacted, T'hat the Law of Bona notabilia shall parts of the dioceses which have been added be continued unaltered by any change of prothereunto under the authority of an act passed vince, diocese, archdeaconry, or other jurisdicin the 6 & 7 W. 4, c. 77, intituled “An Act for tion whatsoever under the authority of the firstcarrying into effect the Reports of the Commis- recited act as it was before the passing of the sioners appointed to consider the State of the herein-before recited act. Established Church in England and Wales 5. Certain authorities may continue to grant with reference to Ecclesiastical Duties and Re- marriage licences as heretofore. Jurisdiction of venues, so far as they relate to Episcopal Dio- bishops to grant licences not to be interfered ceses, Revenues, and Patronage;" and it is ex- with.-And be it enacted, That all authorities, pedient that some remedy be thereunto ap- save and except the authority of the bishop of plied: Be it enacted by the Queen's most ex- whose diocese any portion has been or may cellent Majesty, by and with the advice and hereafter be taken away and added to another consent of the Lords spiritual and temporal, diocese under the provisions of the herein-before and Commons, in this present parliament recited act, shall continue to grant marriage assembled, and by the authority of the same, licences in the same manner and within the That the bishop of every diocese in England same district as they might have done before shall by himself or his officers exercise through- the passing of the said act : Provided always, out the whole of his diocese as it now is or that nothing herein contained shall be conhereafter may be limited or constituted, save strued to interfere with the jurisdiction or cononly in causes and matters testamentary or re- current jurisdiction, as the case may be, of the lating to the administration of the personal es- bishops of the several dioceses in England to tate of intestates, the same jurisdiction and au- grant marriage licences in and throughout the thority which before the passing of this act he whole of their dioceses, as such are now or or any bishop lawfully could or might exercise hereafter may be limited or constituted. by himself or any other officers within any part 6. Temporary provisions of 6 & 7 W. 4, 6.77, of such diocese.

continued by 7 8 Vict. c. 68, to cease on 2nd 2. Officers of diocesan courts to account for November, 1847,-- And be it enacted, That the all fees, &c. received by them.-And be it en- temporary provisions of the herein-before reacted, That the officers of the several diocesan cited act which by an act passed in the 7 & 8 and other courts shall keep an account in writ- Vict. c. 68, intituled “An Act to suspend, ing of the gross and net amount of all fees, until the 31st day of December 1847, the Opera

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