Abbildungen der Seite
PDF
EPUB
[blocks in formation]

MR. HARVEY AND THE INNER | private. There were several gentlemen interTEMPLE.

ested in the inatter; amongst whom were some

members of Parliament waiting to be adınitted. Mr. Harvey seems determined not to allow

| There were also the reporters of the public

press, who he trusted would not be excluded, his grievances to “ sleep in the ground.”

for the reason he had already stated. It may be recollected by our readers, that “At this tiine there were Messrs.O'Connell, in April, 1832, he moved that an enquiry into | Tennyson, Hume, Hall, Dare, T. Lennard, the rules and practice of the Inns of Court, and other members of the House of Commons. on calling persons to the bar, should be After some consultation, the Benchers dereferred to the Common Law Commission

cided that no persons could be admitted unless ers. This motion, on a division, was lost

those who belonged to the Inn as Benchers.

They agreed, however, as a point of principle, by a small majority ; but afterwards the

to the admission of two short-hand writers; whole subject was referred to their consi. one on behalf of Mr. Harvey, and the other on deration. We have not heard what pro behalf of the Inn. Mr. Harvey said, that if gress has been made in the enquiry ; but they were determined to abide by that decision, Mr. Harvey has judged it advisable to take he should decline going into the merits of the a further step in the matter, probably with question before a tribunal so constituted. To

him the question was of the most vital import. the view of keeping the subject alive in the

ance, inasmuch as it involved in its result, not mind of the public. The account given in

only his fortune but his character; in short, the newspapers, and we have no other infor every thing that was dear to man. Upon these mation on the subject, with some few cor- grounds, he wished it to be discussed in an rections, is as follows :

open straight-forward manner. If the Bench“For several years Mr. Harvey, M. P. for ers of the Inn had any motive which induced Colchester, who has been, and is, a practising them to dread publicity, and they did not think solicitor, has been claiming to be called to the proper to accede to a fair and just demand, bar; but the Benchers, though he has com- he should proceed no further before their plied with all the essential qualifications, have tribunal; but they might rest assured that it refused to do so. The subject has already was his determination to bring it before anobeen brought before Parliament; but Mr. ther. The Benchers persisting in their refusal Harvey found it necessary to commence pro- to admit any person not belonging to the Inn, ceedings de novo, by an application to the (with the exceptions already mentioned,) Mr. Benchers of the Inner Temple, to admit him Harvey and his counsel withdrew. He has of their body. The application was resisted intimated his determination to bring the matter on the part of the Benchers; and Mr. Harvey, before Parliament." therefore, demanded an investigation on the merits of his claims, upon which the Benchers We see no objection to the course taken by appointed last evening (Friday, 7th June,) for Mr. Harvey in the first instance. It was pro. a hearing. At half past six o'clock Mr. per that the principle of his exclusion should Harvey, accompanied by Mr. Serj. Wilde and

hd be fairly argued, and that he should have the a junior counsel, were admitted to the Hall. When the case was called, Mr. Harvey said he

the right, attended by counsel, to discuss the

18 trusted that, in the first place, as the question matter fully; but we confess, having merely was a public one, the investigation would not be this object in view, we cannot see why he

NO. CXLVI.

114

Mr. Harvey and the Inns of Court.Practical Points, No. XLVI.

Customed

should positively reject a private hearing in sury were bound in honor and justice, either the presence of two short-hand writers. As to enforce the appointment, or to call upon the the law at present stands, and by that of in course can the present Benchers alone abide, 1 con

course adopted ; and wishing to avoid the in

bide, convenience of personal collision, I proposed the Court of the Masters of the Inns of Court that the matter should be submitted to the is not an open Court : its deliberations and decision of any five Members of Parliament proceedings are private. It may be that whom his Lordship should nominate. To this this is wrong; but until the law is altered, proposal no answer, up to the present time, the Benchers were right in adhering to

has been received by me. As regards the

matter at issue with the Benchers of the Inner accustomed usage. We think, there. Temple, in like manner, I hereby offer to leare fore, that Mr. Harvey has not strengthened the entire subject to the first seven Members his case by appealing to the vulgar feeling on of Parliament whose names shall be taken from the subject, or by endeavouring to enlist on the glasses; or to a like number of gentlemen his side the popular indignation. His case,

to be drawn by ballot from the Directors of

the Bank of England, the East India Comhowever, cannot be weakened, but by his own

pany, the Court of Aldermen, or the Book of inismanagement. We object, on public and Middlesex Freeholders; such tribunal to be general grounds, to the power now entrusted addressed by any two of the Benchers, or the to the Benchers : we are anxious to see a advocates of their own body. And I further complete reform in the present mode of legal / pledge myself, that if I do not substantiate the education, and our reasons for the change justice of my claim to be called to the bar, to have already been stated at length by an able will not only boy with respect to their decision,

the satisfaction of the judges thus selected, I contributor a; but we suspend any further | but I will resign my seat in Parliament within observation, until we see the report of the the next twenty-four hours, in testimony of learned Commissioners on the subject.

the integrity of their judgment. If you, Sir,

can puint out a course more manifest of a disSince this was written, we have seen a letter position to challenge enquiry, name it and I from Mr. Harvey in the Times of Tuesday last, will adopt it.” in which he states his causes of complaint,

| Nothing would seem to be fairer than this ; perhaps a little too ambitiously, and with but Mr. Harvey can hardly expect any conan eye to the independent electors of Colches

stituted authority to strip off its power and ter ; but he still shews that they are worthy I neculiar privileges, and delegate them to others. of attention. We cannot find room for the

He perhaps does not expect, therefore, that he whole, but he “confidently challenges the

will have to make good his words. In concluBenchers of the Inner Temple to any course

sion he observes, that “the public may be of enquiry which shall have publicity for its

assured that no inquiry which can be instituted basis, and disinterested parties to adjudicate.

before Parliament, the Law Commissioners, “If,” he continues, “I had committed aught or in the Court of King's Bench, shall remain that was in any way wrong, I would long since untried, which may be in the least degree cal. have acknowledged it, and have appealed to a public life of twenty years, under the sanc

culated to expose the injustice and oppression tion of an enlightened constituency, who have on,

of which he has hitherto been the victim.” in six successive parliaments honored me with We have only further to add, that we wish their suffrages, as no mean testimony to the Mr. Harvey all success. strength and sincerity of my contrition ; but as I feel and know that I have done nothing which an honest and honorable mind need PRACTICAL POINTS OF GENERAL regret, so I will never seek to conciliate poli

INTEREST. tical prejudice or professional interest, either by ignoble concessions or humiliating con

No. XLVI. trasts. You perhaps are aware, Sir, that at the formation of the present government, I

TRADER ABSENTING HIMSELF. had the honor of being appointed Solicitor to The act of bankruptcy committed by a trader the Public Charities, by the Lords of the Treasury, at the instance of the Lord Chancellor;

absenting himself, may be substantiated by but you, perhaps, are not aware that it was proving that he abstained from going to a place owing to the interposition of the same perse to which, if he had not feared arrest, he would cuting spirit, that this appointment was suspended ; upon which occasion I addressed a

have gone. See Robertson v. Liddell, 9 East, letter to Lord Althorpe, as Chancellor of the 487. Dudley v. Vaughan, 9 East, 491. ChensExchequer, stating that the Lords of the Trea-Jonesh v Hou IM

weth v. Hay, 1 M. & S. 676. Gillingham v.

& S 676 C:llinahan (a) See the Papers in vols. 3 & 4 on this Laing", 6 Taunt. 532. In Fisher v. Boucher, subject, signed “A cestui que trust.”

10 B. & C. 549, a trader, being under appre

Practical Points, No. XLVI.-New Bills in Parliament.

· 115

hension of arrest, gave directions to his servants into London, where the warrant would have to deny him, in case A., a sheriff's officer. I been inoperative, instead of going to the officer called: it was held, the sheriff's officer not self, within the principle laid down by the

in Middlesex, would have been absenting himhaving called, that of itself was not evidence decided cases, whereby an actual delay of the of a beginning to keep house. In the follow. creditor would have been occasioned, and

would therefore have been an absenting himing case it was held by the Court of Common self,“ with intent to occasion such delay.” Pleas, that a trader committed an act of bank. And the circumstance that the officer had no ruptcy:

warrant, but was only supposed to have a war

rant, makes no difference, according to the A trader of the name of George, being ap. doctrine laid down by Lord Chancellor Eldon, prehensive that a creditor named Green, who lin Ex parte Bamford, 15 Ves. 419. But it is - had signed judgment against him, would take urged on the part of the defendants, that as out execution thereon against his person, the case went to the jury on the question, was desirous to ascertain whether a cr. sa. had whether these bills of exchange were delivered been issued against him by Green, before he to the defendants in contemplation

to the defendants in contemplation of bankreturned from the city to his own house in ruptcy, and to give them a fraudulent preMiddlesex; and for that purpose he came to ference, and the jury have negatived the the lower end of Chancery Lane, which is in fraudulent preference, there can be no use in London, and beckoned to Whitaker, the as. sending the cause to a second trial; for that sistant of the officer of the sheriff of Middle- this transaction must be protected, under the sex, who was at the sheriff's office, which is 82d section of the Bankrupt Act, as a payment situated higher up Chancery Lane, to come to “really and bona fide made by the bankrupt him where he then stood, in order that he before the commission, not being a fraudulent might make this enquiry. George at the time preference.” But we think it enough to say, believed that the sheriff's office was in the that the precise point which now arises, viz. county of Middlesex ; and he stated to the whether this payment, after a previous act of officer, that his motive in procuring the officer bankruptcy, was or was not a real bona fide to come to him, instead of going himself to payment, not being a fraudulent preference, the office, was to avoid being arrested at the has not been submitted to the consideration of suit of Green, in case Green had sued out a the jury; and that the plaintiffs have a right to ca. sa. The officer accordingly came to George. have their opinion upon that fact. We thereand informed him, as the fact was, that Green fore think the rule for a new trial should be had not then sued out any execution upon his made absolute. judgment. George repeated the enquiry at Robson v. Rolls, 9 Bing. 651. several different times, until he was told by the officer that Green's execution was a fi. fa. At the trial of this cause at Westminster, I thought I NEW BILLS IN PARLIAMENT. at the time that the case fell within the principle laid down by the Court of King's Bench. in Fisher v. Boucher, as being only an intent

METROPOLITAN POLICE OFFICES. to delay a creditor, in case a particular event | This is intituled “A Bill for the more effechad occurred (namely, in case Green had ac- tual Administration of Justice in the Office of -tually sued out a ca. sa.), which event had not a Justice of the Peace in the several Police taken place. But upon further consideration Offices established in the Metropolis, and for of the cases which have been brought before the more effectual Prevention of Depredations us in argument, I am satisfied, and my learned on the River Thames and its Vicinity, for brothers agree with me, that my first impres- | Three Years." sion was wrong, and that the forbearing to go The preamble recites that it is expedient to into the county of Middlesex, where he would consolidate and amend the several acts now in have gone, for the purpose of making this en-force; and the following are the proposed quiry, but from the dread of being arrested, enactments: falls within that class of acts of bankruptcy 1. The police offices now established shall which are grounded upon the words of the sta- be continued. Justices already appointed to tute, “if he shall otherwise absent himself with act. intent to delay creditors.” In fact, the stop-1 2. Time of attendance of one magistrate, ping at the end of Chancery Lane, and ab- from ten in the inorning till eight in the evenstaining from entering it, was as much an acting; of two inagistrates, from twelve till three. done, as if he had gone off for the same pur- 3. His Majesty in Council may alter the pose in a different direction. It was not a situation of the offices or discontinue any of mere intention to do an act, which intention them, or reduce the number of magistrates, was afterwards laid aside, in consequence of and alter the attendance and hours of attendinformation received before it became neces- ance. sary to do it, which formed the ground of de 4. Receiver to be continued in office; and, cision in the case last referred to. If the offi- in case of death, his Majesty may appoint ancer of the sheriff of Middlesex had actually had other. His duty to receive all fees, penalties, a warrant against George at the time of this forfeitures, &c. His salary 4001. transaction, the causing the officer to come 5. Constables shall be employed by the

[blocks in formation]

direction of the Secretary of State within 25. Constables, &c., may apprehend any the counties of Middlesex, Surrey, Essex, and suspected person or reputed thief in any public Kent, and all liberties therein.

place, or in any warehouse, &c., and convey 6. Thames police surveyors to be appointed him before a Justice, who, if he sees just with the approbation of the Secretary of State. ground, may deem him a rogue and vagabond

7. Officers and patrols of Bow Street Office under the Act 5 G. 4. c. 83. to act as constables.

26. Form of conviction of reputed rogues 8. Police magistrates may swear in street and vagabonds. keepers to act as constables.

27. Conviction not to be quashed for want 9. Justices to be allowed a salary of 8007. of form, or removable by certiorari, appeal to per annum. Further sums to be issued for quarter sessions, &c. payment of clerks, constables, &c. and for 28. In case of remoral of Bow Street Office, Bow Street Office, and horse patrol.

powers to continue. 10. No Justice shall take fees but at the 29. Penalty for damaging, &c. boats belongpolice office Bow Street, and at the police ing to Thames police. offices. Penalty 1001. Summons for persons 30. Surveyors having just cause to suspect to appear at any place without the limits spe- felony, may enter on board vessels and take up cified in this aci, void. Not to extend to fees suspected persons. at quarter sessions, or meetings of justices for 31. Unlawful quantities of gunpowder may licensing alehouses, or to fees taken at the be seized. office in Bow Street, &c.

32. Boats or carriages having stolen proper11. Table of fees to be hung up.

| ty may be searched and detained, and persons 12, Account of fees and forfeitures received suspected of having such goods may be taken at the police offices shall be delivered quarterly before a justice. to the receiver, and the amount thereof paid 33. On information that there is reasonable to him.

cause for suspecting that any goods, &c. have 13. Penalties and forfeitures recovered be- been unlawfully obtained, and are concealed, fore any of the justices to be paid to the re- how to proceed. ceiver."

34. Party from whom stolen goods received, 14. If fees and penalties are not accounted to be examined by the justice. If goods are for, receiver may sue for the same in any found to be unlawfully obtained, party adCourt of Record.'

judged to be guilty of a misdemeanor. The 15. Receiver may sue for money in the possession of the servant shall be deemed the hands of deccased receivers, and recover from possession of the employer. executors.

35. Framing a false bill of parcels to escape 16. Receiver to render accounts quarterly, detection, deemed a misdemeanor. or oftener, if required.

1 36. Penalty for breaking, &c. packages, with 17. Justices not to sit in Parliament. No an intent that the contents may be spilled. . Justice, receiver, surveyor or constable, to 37. Wilfully letting fall articles into the vote at elections for members of Parliament. Thames, or into a boat, &c., with fraudulent Penalty 1001.

intention, how to be punished. 18. Acts directed to be done by a Justice, 38. For offences declared misdemeanors, where an offence is committed, may be done and for which no penalty is appointed, offenby a Justice in the next Police Office. Jus- ders shall forfeit not exceeding 51. or be imtices of the Tower Liberty may act at any of prisoned (with or without hard labour). Arthe offices.

ticles seized to be advertised, if person con19. For the regulation of fairs. Penalty on victed. keeping open houses, &c., before six in the 39. Offences to be tried at the Thames morning and after eleven in the evening, 51. Police Office, if not within jurisdiction of the for the Master, and on any person refusing to city; otherwise before the Lord Mayor, or one quit, 40s. Fairs held without lawful authority of the aldermen. to be inquired into. If declared unlawful, 40. Misdemeanors under 2 G. 3. c. 28, to be booths, &c. to be removed. Penalty not ex-punished at the discretion of the justice. ceeding 101. On entering into recognizance, 41. Forfeited boats, instead of being burnt, question as to right of title to fair, may be may be restored or sold. tried in the King's Bench.

42. Masters of vessels between Westminster 20. Regulations as to Coffee Shops. To be Bridge and Blackwall, having on board guns open only from six in the morning, between loaded with ball, or discharging guns before Michaelmas and Lady Day; from four be- sun-rising or after sun-setting, or heating tar tween Lady Day and Michaelmas Day, and to and other combustible matter on board of vesclose at eleven.' Penalty not exceeding 101. sels, shall forfeit not exceeding 51.. 21. Prohibiting the blowing of horns.

43. Disputes about wages for labour done 22. Negligence or wilful misbehaviour of on the river, &c. (except by Trinity ballastdrivers of carriages, &c., in the streets or high- men), to be settled by justices, provided the ways. Penalty not exceeding 40$. Compen- sum in question does not exceed 51. sation for hurt or damage, not exceeding 51. 44. Jurisdiction for determining disputes

23. Penalty for bullock hunting imposed by about wages for labour done on the Thames, 21 G 3. c. 67, increased.

1 &c. 24. Form of conviction for offences under 45. Not to affect the rights of the city of this Act.

| London, &c.;

New Bills in Parliament.--Proposed Amendments in the Reform Act.

117

46. Nor the dean or high steward of West- PROPOSED AMENDMENTS OF THE minster.

REFORM ACT, BY MR. TOOKE. 47. Not to affect the rights of the Trinity House, &c.

48. Commencement and continuance of act, M. from passing till 5th July, 1836. Repeal of

of act: Mr. TOOKE characterises this as one of the former acts; 3 G. 4. c. 55; 6 G. 4. c. 21; 10 most slovenly of the many slovenly Acts that G. 4. c. 45. Proviso as to offences before the deforın our statute-book, and throw discredit act. 49. Public act.

on the state of practical legislation in this

country, an immense sum being annually paid JUSTICES OF THE PEACE.

for drawing Acts of Parliament, with no cor. The object of this Bill is “ to render more responding improvement in form or phra

effectual, in certain cases, Proceedings before seology. Justices of the Peace, and for the better sup-1 The defects which are pointed out in the pression of certain Offences.”

It recites, that it is frequently necessary that following proposed amendments will be useful Justices of the Peace should postpone the ex- to practitioners who are engaged in this new amination in cases of misdemeanor, or the hearing of complaints in cases where they have

and iinportant branch of law. summary jurisdiction; and that much inconvenience has arisen from the want of power to Sec. 20. “Who shall occupy as tenant any take bail for the appearance of the person lands or tenements for which he shall be boná charged at a future day.

fide liable to a yearly rent of not less than 50/." It is therefore proposed to be enacted as The privilege of voting thus given should be follows:

repealed, or a provisó should be attached that 1. Power to take bail for appearance; and no occupying tenant ought to vote unless he if the party does not appear, the magistrate possesses a term, or residue of a terin, for not may proceed with the examination.

less than seven years. This clause has been 2. Complaint to be substituted for formal grossly perverted to purposes of influence and information, and summons issued thereon. | intimidation by landlords.

CLAUSE (A).-Forms of summons and con- This clause is open to another abuse, in the viction.

case of two persons who hold jointly a farm of 3. Summons to be served on the party or | 501. per annum, each being separately liable on husband, wife, or servant. After proof of to the rent, each, therefore, is entitled to vote; service of summons, the Justice may issue a war- this, therefore, may be multiplied ad infinitum rant for appearance, or proceed ex purte. for election purposes. There is no reason Proviso for other modes of compelling ap- why there may not be fifty joint occupiers of pearance.

a 501. farm, residenre not being necessary, 4. Process in force throughout England, | liability to rent being the gist of the right to and may be executed by any constable, &c. vote. One case occurred, where foursons. Bail may be taken in the county where war- as residuary legatees, took a term by way of rant is executed, in all cases which are bail chattel interest, and all were admitted to vote able in law.

in respect of it, though three resided at great 5. The Justice may summon witnesses, and distances. The great landlords might under enforce their attendance by warrant.

this clause swamp a county. 6. May commit witnesses refusing to be 23 and 26. Altogether inconsistent with one examined.

another, the former giving a right to vote to 7. For frauds on parish officers by forged trustees in the actual receipt of rent, the latter passes or orders. 5 G. 4. c. 83.

taking such right away. 8. The Justice cmpowered to issue his warrant! 27 and 28. Ambiguous throughout, as reto enter gaming houses, &c., and bring persons / gards joint holding of houses with land, on the found therein before him. Owners, &c. subject of which four conflicting decisions deemed rogues and vagabonds, under 5 G. 4. have been recorded, and on the seven-inile c. 83.

distance provisions, seven different opinions 9. Fine of 58 for drunkenness, may be levied have been given. The further obvious corby distress. Imprisonment in case of non-rections of this clause would be to qualify for payment.

a joint holding as owner and tenant, and as in 10. Term of imprisonment, how to be com- the Scotch Act, to allow of a joint holding of puted.

houses as well as land, not to insist on their CLAUSE (B).-One Justice may deliver pos | being held of the same landlord, to define the session of deserted premises.

period of arrear of taxes, and to afford some 11. Freemen of the Vintners' Company not previous notice of arrear, and that actual payto be allowed to sell wine by retail out of the ment of rates, &c., should sufiice, without deCity of London without license.

signating by whom paid. 12. Proceedings not to be quashed for want! 29. This clause, as to joint occupiers voting of forin.

for boroughs, requires a full 10'. value to be · 13. Not to extend to Scotland or Ireland. apportioned for each, but does not provide

« ZurückWeiter »