New Statutes.-Metropolitan and Provincial Law Association.

583

having been first efficiently repaired, and in all acknowledgment for passage money as aforerespects put into a sound and seaworthy con- said during the continuance of the contract dition, then and in any of such cases, such which it is intended to be evidence, shall be passengers respectively shall be provided with liable in each case to a penalty not exceeding a passage by some other equally eligible vessel 57. to the port or place at which they respectively

henceforth be styled "Emigration Öfficers;" ́and that all powers, functions, and privileges vested in such Government Emigration Agents by the said recited act or by any other act shall vest in and Emigration Officers" for be exercised by the " the time being, in like manner as if they bore the designation of Government Emigration Agent.

14. Government emigration agents to be may have originally contracted to land; and in henceforth styled " Emigration Officers."-And default thereof within a reasonable time, such be it enacted, That the officers known as Gopassengers respectively, or any emigration vernment Emigration Agents may officer on their behalf, shall be entitled to recover, by summary process before any two or more justices of the peace, in like manner as in the said recited act is provided in the cases of monies thereby made recoverable, all monies which shall have been paid by or on account of such passengers, or any of them, for such sage, from the party to whom the same may have been paid, or from the owner, charterer, or master of such ship, and also such further sum, not exceeding 51. in respect of each such passage, as shall in the opinion of the justices who shall adjudicate on the complaint be a reasonable compensation for any loss or inconvenience occasioned to any such passenger, or his or her family, by reason of the loss of such passage.

pas

such

66

15. Definition of terms used in this act.And be it enacted, That whenever the term is used in this 66 passenger' or passage act it shall be held not to include or extend to the class of passengers or passages commonly known and understood by the name of "cabin " and "cabin passages;" and that passengers ship" shall include and mean every the term description of vessel, whether British or foreign, carrying passengers upon any voyage to which the provisions of the said herein-before recited Passengers Act or this act shall for the time being extend.

66

16. Act may be amended, &c.—And be it enacted, that this act may be amended or repealed during the present session of parliament.

METROPOLITAN AND PROVINCIAL
LAW ASSOCIATION.

11. How children are to be computed in reckoning the proportion of passengers to tonnage, Penalty for excess of numbers in proportion to tonnage. And in order to remove doubts which have arisen in the construction of the said recited act, be it enacted, That for the purpose of determining the number of persons which according to the said act can be carried in any ship in proportion to the registered tonnage thereof, two children under the age of 14 years shall be computed as one person, and that children under the age of one year shall not be ONE of our contemporaries finds it conincluded in such computation: Provided al- venient to assume that we are inconsistent ways, that if any ship shall carry upon any voyage as in the said recited act is mentioned in supporting the Metropolitan and Proa greater number of persons, computed as afore- vincial Law Association, because five years said, in proportion to the registered tonnage ago we condemned "The Legal Protective thereof, than in the proportion in the said re- Association" as a needless attempt to raise cited act mentioned, the master of such ship up-in addition to the Incorporated Law shall, for and in respect of every person consti- Society—another and a rival association in tuting such excess, be liable to the payment of a London, and which New Society afterwards penalty not exceeding 5. sterling. sought to enrol some country solicitors, and adopted a loftier name. Will our contemporary accept our assurance that the new Association of Metropolitan and Provincial Solicitors, as regards its objects and its modus operandi, is essentially different from "The Legal Protective," which had the advantage of his patronage.

12. Recovery of penalties.-And be it enacted, That all penalties imposed by this act shall be sued for and recovered by such persons only and in such and the same manner as in the said recited act is provided in the case of the penalties thereby imposed.

13. Penalty on person inducing another to part with acknowledgment for passage money.— And whereas in many cases persons having reProfoundly impressed with the importceived under the requirements of the said recited act contract tickets or written acknow- ance of a cordial union of both town and ledgments for monies in respect of passengers country solicitors, we have frequently to North America have afterwards been induced pointed out that its attainment was the to part with the same, whereby they have been first object of the new association. Endeprived of the means of enforcing their rights deavouring humbly-we hope not useunder such contract tickets; be it enacted, lessly-to effect this consummation, it is That any owner, charterer, or master of a ship, or any passage broker or other person, who scarcely necessary to add, that no word or shall induce any person to part with, render line has ever appeared in this publication useless, or destroy any such contract ticket or exalting one class at the expense of the

554

Metropolitan and Provincial Law Association.

other, or suggesting to either that the a majority of the body. An attack on the other was opposed to its interest, or regard- London members of the Incorporated Law less of its welfare. To our poor judgment Society, as professionally selfish and reit seems manifest that the true and lasting gardless of their brethren in the country, interests of the whole profession consist in is, therefore, an attack on the London soacting unitedly ;-in adjusting or waving licitors in general. In either case, an unany inferior points of difference, and cor- merited and unfounded attack. For ourdially co-operating together in the promotion of their common objects.

This view does not find favour in "The Law Times." A writer of editorial paragraphs in that journal asserts (we are sure without any foundation) that the London solicitors selfishly pursue their own interests, and disregard their brethren in the country. He states,

selves, it is our constant endeavour to maintain the interest of the whole profession, whilst our contemporary advocates that of the country solicitors exclusively, (but he must pardon us for adding, not well or wisely,) and in opposition to that of the town branch of the profession. He has uniformly sought to disunite the two bodies, by endeavouring to persuade the former they were neglected, underrated, and in"That the attorneys in London are wont to consider the country attorneys generally as an jured by the latter. These mischievous inferior class," and then he says" the best of sentiments, under the garb of friendship the country attorneys are far superior to the for the country profession, are again conLondon attorneys in legal and general know-sistently sought to be inculcated. ledge, in reputation and social position." Acknowledging the courteous terms in Again, he observes-"Little sympathy can be which our contemporary has generally rehoped for here, [in London,] where the inter-ferred to this journal, we lament to find him ests and feelings are so different. But let the disingenuously asserting that we have adprofession in the country take up the cudgel on their own behalf, and they will, as usual, mitted that "the London Institution has find most aid when they are best prepared to help themselves."

stances.

no regard for the larger branch of the profession-the solicitors in the provinces." The admission is in the imagination of the Such are the statements and exhorta- writer in the Law Times. We hope we tions addressed to our brethren in the may be excused for refusing to admit his country, for the purpose of promoting their inferences or adopt his opinions,-opinions, friendly union and co-operation with those we are satisfied in this instance, founded in town! A notable specimen truly of on a misapprehension of facts and a very the discretion and wisdom of a writer, imperfect acquaintance with the circum(surely not the learned editor?) who calls us to account for some fancied inconsistIt is a fact, which we have often stated, ency between our past and present views. that although the Incorporated Law Society But on what foundation of probability or is open to the whole profession, no more than truth does this injudicious and ill-timed 300 country solicitors out of 7,000 have attack on the London solicitors rest? Of joined it. To talk of this as a "confession" the three thousand London solicitors, there is a sad misapplication of language. The are no less than eight hundred firms disproportion in the number of town and (probably 1,200 individuals) engaged more country members is shown in the annual or less as London agents for the country so-printed list, and by the distinguishing licitors; and can any one not utterly igno- marks in the Law List: so numerous in rant of the true state of the profession, one class, and so few comparatively in the suppose there can be, on the part of the other. We could not conceal it were we London solicitors, any want of respect or sympathy towards their own clients?

so disposed. All this, however, is beside the real question. We venture to think that a solicitor resident in London may consider his interest identical with that of his country brethren, and feel that he is

Our contemporary has constantly disparaged and censured the Incorporated Society, alike for what it has done and left undone. He now includes in the same category the members of the Incorporated Law Society and the general body of the It may be mentioned, that though the anLondon solicitors. Perhaps, rightly so. For considerable, and solicitors who seldom come nual subscription is small, the admission fee is the Law Institution comprehends nearly to town, however well disposed to the Instituhalf the London practitioners, and, in re- tion, are not likely to incur the expense of ference to the firms to which they belong, joining it.

Jurisdiction of the County CourtsWestminster County Court.

advancing the one without losing sight of missioners. The words of that section are the other. Has the Incorporated Law that all powers "in matters of insolvency" are Society, in deliberating or acting, in any transferred from the bankruptcy commisone instance neglected or overlooked the It cannot be successfully contended that, interests of the whole body to maintain except by express words, or unavoidable inand uphold the interests of a section? We ference, the statutable authority of the bank confidently assert that it never has; and ruptcy commissioners could be abrogated: entertain no apprehension that any attempt The well-known rules of construction preclude to excite disunion and create distrust on that. Then, is the authority taken away by this ground can be successful.

SIR,-Your correspondent G. P. W., who, in your number of the 9th Oct., says, that "Tacitum" has not been correctly answered by me, will probably, on reflection, see that he is in error. The answer I gave, having regard to ONE of the principal features of the new bill the time at which the question was propounded, was to do away with agents" who, under the (the strictly logical way of viewing the matter,)"Court of Requests" system, were in the habit G. P. W. admits to be correct; but he alleges of fleecing the poor creatures summoned to the that the 4th section of the recent statute (10 courts most outrageously; but, instead of & 11 Vict. c. 102,) renders the answer in-doing so, the number has considerably incorrect, if applying to the present time. I do creased. In a case yesterday, one of them not think so, and I do not acknowledge that actually summoned a poor old woman for 10s., the 4th, or any section of the act takes the " for," as his particulars stated, "two attendseizin (so to speak) out of the Bankrupt Com-ances upon you, receiving instructions for tak

586

Visit to the Old Lawyers.—Remarkable Foreign Trials.

ing out a summons, attending before judge," &c.

The learned judge appeared astonished, and said, "Why, you ask for this just about twice as much as I should allow a professional man for his attendance. Instead of 10s., I should say 10d. would be a great deal too much. If you had lent your arm to the poor woman to support her to the court, you might have charged; but, for your presence before me, you cannot recover. The case is dismissed."

The "agent" said, "If that was the opinion of the judge, he should discontinue that branch of the profession." The judge thought the sooner he did so the better.-From the Daily News, Oct. 19, 1847.

VISITS TO THE OLD LAWYERS.

LORD KENYON.

MR. (afterwards) Lord Kenyon, lived in Bell Yard, Temple Bar. Mr. Kenyon's early habits were those of strict economy: he had his shoulder of mutton roasted for one day, the next day he eat it cold, and for the third or fourth day he had it hashed, resembling the old Scotch trader, who told his son he lived at first very sparingly, so that in his old age he could afford himself a chucky on a Sunday; but he said, the young men in the present day when they began life wanted a chucky every day!

Mr. Kenyon, it is said, attended the sessions at Stafford, but the following anecdote will show that he had also first attended at a Welsh session. During a case there, a point arose, which was warmly argued by the counsel on both sides. Kenyon willing to show off, said, "Mr. Chairman, I recollect in the last term there was a case upon this subject, and I have a note of it in my pocket, which I will read to the court from my note-book :" the chairman said, "Don't read it from your note-book, sir, until I consult the bench;" he then said, "Genmen, you have heard what has been said as to Mr. Kenyon's note-book, I want your decision upon the question, whether Mr. Kenyon's notebook was evidence?" This was put, and there was a majority of the magistrates that Mr. Kenyon's note book was not evidence. Kenyon

got up in a rage and said, "I never said it was

a

tailor's goose;" and he left their sessions for

ever."

REMARKABLE FOREIGN TRIALS.

CASE OF JOSEPH VALLET, 1724.a In the early part of last century, there lived near the town of Pont de l'Ain, in the south of France, a brick and tile-burner, named Joseph Vallet. Joseph was an industrious man, skilful in his profession, and his bricks and tiles were in great request in the neighbourhood. He had a few evil wishers, and among these was M. Frillet, who was a rival in trade. Vallet's bricks and tiles commanded a better market than those of Frillet. This hostility of Frillet might have been of little consequence in ordinary circumstances. He possessed, however, the power as well as the inclination to torment his rival; for he was the king's attorneygeneral for the district, a function which rendered him a dangerous enemy to a poor man.

Joseph Sevos and Antoine Pin, two persons of loose character and intemperate habits, disappeared, after having been seen the previous evening-February 19, 1724-in a state of inebriety. They were nowhere to be found; but, after some inquiry, it was found that Pin had gone to Dombes and enlisted-a thing he had often threatened to do. But of Sevos there were no traces. This was the more strange, seeing he was in good circumstances, and was the possessor of a small property. Some thought Pin must have made away with his companion; but others combated this idea, under the impression that if Pin had committed murder, he would have fled no one knew whither, instead of enlisting as a soldier.

While public curiosity was on the stretch to discover what had become of Sevos, a rumour was propagated that all was not right with the family of Vallet the tile-burner. It was said they were very much discomposed, as if conscious of having committed a grievous crime. The report spead rapidly through the country, and the attorney-general, Frillet, lost no time in inquiring into the facts. The result of his investigations was, that on the 19th of August, 1724, he filed an information to the effect that,

On Sunday evening, the 19th of February, Joseph Sevos, after eating and drinking in Vallet's house, had suddenly disappeared, and That further, had never since been heard of. according to general helief, he had been murdered in the tiler's house, and buried under the stove; but that afterwards the body had been raised, and consumed in the kiln."

was a man called Vaudan.

evidence." The chairman said, "Sir, we have Upon this information proceedings were decided the question against you." Kenyon commenced by the authorities at Pont de l'Ain, then said, "You have no more law than and witnesses summoned. The first person He averred that, on the night of the 19th of February, having been to Mastalion, he was returning by Vallet's When Kenyon, Arden, (afterwards Lord Al-house, about three hours before daylight, when vanley,) and Selwyn were made King's counsel, Arden said, "Well! I don't think they'll say that we three were chosen for our beauty!" S. P.

he heard a great noise, and clearly distinguished

• This extraordinary case, narrated by Mrs. Crowe, we have abridged from Chambers's Edinburgh Journal. The remarkable nature of the recent criminal cases in France may render it not a little interesting. We find room for it before the close of the Vacation.

the words, "Help! help! I will confess every-doubts of the guilt of the Vallets, and protested thing! Forgive me this once, and spare my against treating them with so much severity; life!" Whereupon a voice, which he knew to whilst Antoine Pin, who was assuredly not free be Joseph Vallet's, answered, "We want no from suspicion, was allowed to range the world more confessing; you must die!" This sort at pleasure. At last the matter got so public, of dialogue continuing some time, the witness that it reached Paris; it was talked of at court, became alarmed; but, anxious to hear the end and orders were forwarded to Dombes to arof it, he hid himself behind a bush, whence he rest Antoine Pin, and send him forthwith to distinctly heard the blows that were given to Pont de l'Ain. No sooner did the fugitive find the victim. Suddenly, however, all became himself in prison, than he volunteered a full still; and presently afterwards the door of the confession. He said that nobody knew better house opened, and Vallet, accompanied by his than he the particulars of poor Sevos's murwife and two sons, came out, bearing a dead der; and that he was resolved, be the consebody, which they carried to the brick kiln, and quences what they might, that he would disthere buried, heaping a quantity of wood over close the whole truth. the spot to conceal it. He added, that three or four days afterwards he made a pretext to call on Vallet at the brick kiln, in order to see if he could recognise the place; but, from what he observed, he concluded that the body had been removed; and he had since learned that the murdered person was Joseph Sevos; and that on Good-Friday the Vallets had consumed the body in the furnace.

There were several other witnesses examined; but on close inquiry, it appeared that they had received their information from Vaudan. However, the presumption appeared so strong against the Vallets, that their arrest was decreed, and executed with all the aggravated circumstances that so unnatural a crime seemed to justify. A brigade of mounted police, followed by a mob of the lowest class, proceeded to the tile-burner's house, and, amidst hooting and howling, dragged away the whole family to Pont de l'Ain, and shut them up in prison.

It happened that at this time Vallet was ill. He was suffering from a violent fever, accompanied by ague fits. Nevertheless, he was placed in a miserable dungeon, and loaded with irons; and his wife and sons were exposed to equally harsh and unjustifiable treatment. With not less injustice, his house was given up to pillage; the authorities neither took an inventory of his goods nor set a seal upon them. For eleven days the doors stood open, and the neighbours, quite willing to second the law, helped themselves to what they liked. On the twelfth, it occurred to the attorney-general that the premises should be searched for the clothes of the murdered man; but by this time it was useless to search for anything. The chests were broken open; the clothes, linen, &c., carried away, and doubtless the clothes of Sevos with them. Francisca, Vallet's sister, owned to having removed two bundles of her brother's property, in order to save them from the plunderers; but she declared that nothing belonging to Sevos or any other stranger was in them. She was, however, forced to produce them; and though nothing was found in them but what she had said, she was cast in the costs of the proceedings against herself, and fined twelve livres.

Whilst these things were going on, there was a party who looked on the whole affair with dissatisfaction. They ventured to express

"On the evening of the 19th of February," said he, "I and Sevos were drinking at Vallet's house, when Sevos took it into his head, being drunk, to reproach Vallet with being the cause of one Dupler's death; whereupon, in a rage, Vallet took up a heavy tin can that stood upon the table, and struck Ševos such a blow with it, that he fell backwards to the earth, crying 'Mercy, mercy! Take all my money, but spare my life!' But Vallet, saying, "Don't talk to me of mercy!" continued to strike him, whilst his wife, with a fire shovel, also lent her assistance. Even Philippe, the eldest boy, joined in the murderous work; and amongst them, they soon put an end to poor Joseph Sevos : young Pierre the while standing sentinel at the door to keep off intruders. Vallet, when he saw that he had killed Sevos, wanted me to strike him too," continued Pin, "lest I should be a witness against him; but I would not. When Sevos was dead, they carried him to the kiln, and there buried him, covering the place with a heap of wood; and on Good-Friday they dug up the body and burned it. I know this, because on that day I called at the kiln, and not only smelt the burning, but saw the burnt bones in the furnace. Vallet told me that if ever I said a word about the matter, he would serve me as he had served Sevos; but, at the same time, I must own he behaved very handsomely to me in the business, paying my silence liberally both with wine and money.' This testimony chimed in with that of Vaudan; and although the dead body was not forthcoming, that circumstance had little weight, when its disappearance was so well accounted for, and when the story was confirmed by the utter impossibility of finding any traces of Joseph Sevos as a living person.

The Vallets, however, persisted in denying the whole affair; they declared themselves innocent, and founded their defence on two circumstances. The first was, that, as they asserted, on the day after the disappearance of Sevos, blood was found in his bed, upon his pillow, on the bedclothes, and on the floor o. his room, proving decisively that he had been murdered in his own house, and affording a strong presumption that Antoine Pin was the murderer. The second was, that on the night in question Pierre Vallet, who, according to the evidence admitted, had been so useful a coadjutor in the business, had in fact been absent