WS 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 probably decide upon the facts arising reason why it should be confined in its apout of a charge of simple larceny with the plication to offenders not exceeding the age same degree of intelligence and impartiality of fourteen years. as a jury, and supposing the case to be submitted to their adjudication with the As already remarked, the act came into 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, howstricted 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 compensabe 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 neces 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 ap 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 we apprehend it will be amongst the earliest duties of the magistrates at the present October Sessions to settle a proper scale of costs in pursuance of the act. Our comments upon the Act "for extending the provisions of the Law respecting Threatening Letters, and Accusing Parties with a view to Extort Money," and the Act "to amend the Law as to the Custody of Offenders," must be deferred Our readers will observe, that the ALTERCATION AT THE MIDDLE- ། །་ THE daily newspapers have reported and freely commented upon an unseemly 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 is free from difficulty, as it is provided by the 5th section that the justice may suffer It was formerly considered, that the exhibition of an unruly temper and the employment of coarse language in a court of 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 the diocese which during the continuance of creditable scenes so often witnessed in our courts of justice of late years would be of were not within the jurisdiction of the bishop temporary provisions. of the first-recited act 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 bar have advanced in public estimation since the change of manners was introduced, we leave it to our readers to de termine. NEW STATUTES EFFECTING ALTERA- ECCLESIASTICAL JURISDICTION. 10 & 11 VICT. c. 98. An Act to amend the Law as to Ecclesiastical Jurisdiction in England. [July 22, 1847.] 1. 6 & 7 W. 4, c. 77. Bishop to exercise jurisdiction throughout his diocese, save in causes testamentary.—Whereas much inconvenience ensues from the continued suspension of the several diocesan courts in England within those parts of the dioceses which have been added thereunto under the authority of an act passed in the 6 & 7 W. 4, c. 77, intituled "An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage;" and it is expedient that some remedy be thereunto applied: 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 the bishop of every diocese in England shall by himself or his officers exercise throughout the whole of his diocese as it now is or hereafter may be limited or constituted, save only in causes and matters testamentary or relating to the administration of the personal estate of intestates, the same jurisdiction and authority which before the passing of this act he or any bishop lawfully could or might exercise by himself or any other officers within any part of such diocese. 2. Officers of diocesan courts to account for all fees, &c. received by them.-And be it enacted, That the officers of the several diocesan and other courts shall keep an account in writing of the gross and net amount of all fees, missed from his office while any such money remains unpaid by him, the executors or administrators of the person so dying, or the perrequired to pay the balance of the money so reson himself so resigning or dismissed, shall be maining due and unpaid. 3. Jurisdiction in causes testamentary to continue unaltered by change of province, &c.— And be it enacted, That the jurisdiction of every ecclesiastical court in England in causes and matters testamentary or relating to the administration of the personal estate of intestates shall continue unaltered by any change of province, diocese, archdeaconry, or other jurisdic tion whatever within the same limits and in like manner as was by law allowed before the passing of the herein-before recited act. 4. Law of Bona notabilia to continue unaltered by change of province, &c.-And be it enacted, That the Law of Bona notabilia shall be continued unaltered by any change of province, diocese, archdeaconry, or other jurisdiction whatsoever under the authority of the firstrecited act as it was before the passing of the herein-before recited act. 5. Certain authorities may continue to grant marriage licences as heretofore. Jurisdiction of bishops to grant licences not to be interfered with.-And be it enacted, That all authorities, save and except the authority of the bishop of whose diocese any portion has been or may hereafter be taken away and added to another diocese under the provisions of the herein-before recited act, shall continue to grant marriage licences in the same manner and within the same district as they might have done before the passing of the said act: Provided always, that nothing herein contained shall be construed to interfere with the jurisdiction or concurrent jurisdiction, as the case may be, of the bishops of the several dioceses in England to grant marriage licences in and throughout the whole of their dioceses, as such are now or hereafter may be limited or constituted. 6. Temporary provisions of 6 & 7 W. 4, e. 77, continued by 7&8 Vict. c. 68, to cease on 2nd November, 1847.-And be it enacted, That the temporary provisions of the herein-before recited act which by an act passed in the 7 & 8 Vict. c. 68, intituled "An Act to suspend, until the 31st day of December 1847, the Opera New Statutes.-Legal Advisers of Prisoners.-Law Amendment Society. 541 "24th Sept. 1847. tion of the new Arrangement of Dioceses, so approved by Sir George Grey, the Home Sefar as it affects the existing Ecclesiastical Juris-cretary:dictions, and for obtaining returns from and the Inspection of the Registries of Jurisdictions, now stand continued until the 31st day of December next, shall continue in force until the 2nd day of November in this year, and shall then cease to be in force. 7. Commencement and continuance of act.And be it enacted, That so much of this act as is herein before contained shall commence and come into force on the 1st day of November in this year, 1847, and shall continue until the 1st day of August in the year 1848, and, if parliament be then sitting, until the end of the then session of parliament. 8. Confirming certain acts of jurisdiction.And be it enacted, That where under the provisions of the first-recited act any parish or place shall have been brought within any diocese to which it did not belong before the passing of the first-recited act, and any act of jurisdiction or authority shall have been exercised as to such parish or place since the passing of the first-recited act, and before the 1st day of November in this year, by the bishop or any officer of the bishop of the diocese or any archdeacon of the diocese to which such parish or place be longed, either before or since the passing of the first-recited act, which does not conflict with any similar act of jurisdiction or authority previously and since the passing of the first-recited act exercised as to such parish or place by any other bishop or officer of any other bishop or archdeacon having or claiming to have jurisdiction as to such parish or place, the same shall be deemed as good and valid as if such parish or place had then been wholly and undoubtedly within the diocese and jurisdiction of the bishop by whom, or by any officer of whom, such act of jurisdiction or authority shall have been exercised. "Prisoners for trial shall be permitted to see their relations and friends on any week-day without any order, between the hours of 11 and 2 o'clock in the afternoon, and at any other time on a week-day by an order in writing from a visiting or committing justice; and they shall be permitted to see their legal adviser (by which is to be understood a certificated attorney or his authorized clerk) on any day, at any reasonable hour, and in private if required. Prisoners of this class may write or receive letters, to be inspected by the governor, except any confidential written communication prepared as instructions for their legal adviser; such paper to be delivered personally to the legal adviser or his authorized clerk, without being previously examined by any officer of the prison; but all such written communications not personally delivered to the legal adviser or his clerk are to be considered as letters, and are not to be sent out of the prison without being personally inspected by the governor. Any person presenting himself for admission, as the clerk of an admitted attorney shall, in the absence of his principal, produce to the governor in each case evidence (satisfactory to such governor) of his being such an accredited agent; and the legal adviser or his clerk shall name the prisoner whom he wishes to visit." SOCIETY FOR PROMOTING THE AMENDMENT OF THE LAW. PROPOSED REVIVAL OF THE ACTION OF THE following reference was made to the common law committee of this society: "To consider the propriety of reviving the action of account for the purpose of facilitating the investigation of accounts in courts of common law, particularly in the cases of partners and agents." A paper on the above reference was presented to and read before the society, by Mr. Alexander Pulling, and referred, by their direction, to the committee : 9. Officers appointed under this act to be subject to regulations hereafter made by parliament. And be it enacted, That every person who shall have been appointed after the passing of the first-recited act, except as therein excepted, or who shall be appointed after the passing of this act, to the office of judge, registrar, or other officer of any Ecclesiastical Court in England, shall hold the same subject to all regulations and alterations affecting the same which may be hereafter made by authority of parliament; nor shall any person by his appointment to any such office acquire any claim or title to compensation in case the same be hereafter altered or abolished by act of parliament. 10. Act may be amended, &c.—And be it en-conversant with the various systems of proacted, that this act may be amended or repealed the investigation of matters of account, before cedure recognised by the Law of England for by any act to be passed in this session of par- the subject is referred, as a mere common law question, to the common law committee. liament. LEGAL ADVISERS OF PRISONERS. rule relating TO PRISONERS COMMITTED FOR TRIAL, OR FOR EXAMINATION. The following rule for the government of the ons of the county of Middlesex, had been sideration of the Law Amendment Society, with "The present paper is submitted to the conthe view of eliciting the opinions of members "It is well known that in a large proportion of cases which, in this great commercial real matter in dispute consists rather in details country, are made the subject of litigation, the which can be more conveniently investigated in the chambers of qualified officers and accountants than in open court. 542 Society for Promoting the Amendment of the Law. « It is in very few forms of proceeding, how-|that has brought the action of account into ever, that the just state of the account between disuse.' On this ground of dilatoriness, in the the parties can be ascertained by the court old common law proceedings, alluded to by itself; and hence, for the investigation of these Lord Hardwicke, appears alone to rest the exdetails have been gradually called into existence clusive jurisdiction now exercised by the Court the cumbrous machinery of the Masters' of Chancery in matters of account; and the inOffices in Chancery, the system of references to quiry into the proceedings in the Master's arbitration AFTER the ineffectual institution of office, which has lately occupied so much of other legal proceedings, and the far less ob- the attention of this society, sufficiently disjectionable system of references, in the first closes how far the modern remedy offers an instance, under the Bankrupt and Insolvent adequate substitute for that provided at common Laws; and in some few cases, to the Masters | law. of the courts of common law. "With regard to proceedings in matters of account in courts of common law, it appears a remarkable anomaly in our system of jurisprudence, that whilst it is deemed a duty peculiar to certain relations, e. g., those of partners and principal and agent, that the party entrusted with the receipt of monies, &c., should be ever ready to render an account, there exists at this day no common law remedy by which this duty can be practically enforced. "In cases of accounts not involving matters of trust, or other objects within the peculiar and legitimate jurisdiction of the Court of Chancery, the want of a common law remedy, particularly in matters of small amount, offers a direct immunity to fraud. This result is nowhere so glaring as in those cases where a de. fendant sued at common law for a debt or demand, succeeds in making out an express or quasi partnership between himself and the plaintiff, with respect to the subject matter of "The proceedings in matters of account form the claim. In this case, it will be remembered, a distinct portion of the Code de Procédure the creditor's only remedy under the present Civile of our neighbours (liv. V. tit. 4, p. 528,) system is by bill in Chancery, and a formal reas an ordinary legal proceeding; and our own ference to the Master to investigate the accommon law provided for this purpose the form counts; however simple the transaction may be of action described in the books under the title out of which the demand arises, and however of the Action of Account, which though now small the amount in dispute. Thus, in Bovill grown into disuse, was the peculiar remedy v. Hammond (6 B. & C. 149), the leading case prescribed by the common law for the investi- on this point, where two parties jointly undergation of open accounts, not only between took to procure a cargo for a particular ship, parties in trade, but in the case of guardians, receivers, and others over whom the Court of Chancery now exercises an exclusive juris diction. and the commission for the job was paid to one; it was held, that the latter could not be sued at law in an action in the form of money had and received by the other for his share of "The preliminary proceedings in the action the commission, though it was an isolated of account are in themselves as simple as those transaction, and the amount actually disputed of other actions : at all events, as such pro- | was only 5l. ceedings were before the act of the 3 & 4 W. 4, "In some of the states of America our old c. 42, and the rules made by the judges there- form of the action of account appears to have under. The declaration concisely specifying been successfully revived for the purpose of the circumstances under which the defendant adjusting mercantile disputes, both those beis called on to account, and the pericd over tween partners and between principal and agent. which the account demanded extends : and the | See James v. Browne, 1 Dallas, American Redefence consisting either of a denial of the facts ports, 339 ; Jordan v. Wilkins, 2 Washington stated in the declaration, or of some matter in discharge of the defendant's prima facie liability. The result of the trial of the issue raised by these pleadings is, either a discharge of the defendant, or a judgment quod computet from a given day. "The great source of the delay in this proceeding, as in that by suit in Chancery, which has superseded it, appears to arise subsequent to the reference of the account. In proceedings before auditors in an action of account the abuse appears to have grown up of allowing the same prolixity of written pleadings in the investigation of each item or class of items in the account, as in the original question of the liability to render the account. "It is the opportunity,' Lord Hardwicke observes (in Exp. Bax. 2 Ves., sen. 388), 'which the defendant has of delaying the proceedings by raising a succession of issues tried in a formal way, like so many separate actions, Circuit Reports, 482; and in Pennsylvania the mode of proceeding in this action has been very recently subjected to legislative amendments, so as to render it available in most cases respecting accounts, where in this country recourse is had in a suit in Chancery. Act of the legislature of Pennsylvania, 13th October, 1840, cited in the edition of Starkie on Evidence, by Gerhard and Metcalf, v. 2, p. 17. "There are not wanting instances in modern times where, in this country, the revival of the action of accounts has been hailed with satisfaction from the bench, as by Chief Justice Wilmot in Godfrey v. Saunders, 3 Wilson, 47; and in Scott v. Macintosh, Lord Ellenborough observed: Those who wisely framed our jurisdictions did not contemplate a long account between merchants being referred to a jury. This tribunal is quite unfit for such an investigation, and we have not the necessary time to bestow upon it. Let the plaintiff bring his ac |