MR. HARVEY AND THE INNER TEMPLE. MR. HARVEY seems determined not to allow his grievances to "sleep in the ground.' It may be recollected by our readers, that in April, 1832, he moved that an enquiry into the rules and practice of the Inns of Court, on calling persons to the bar, should be referred to the Common Law Commission ers. This motion, on a division, was lost by a small majority; but afterwards the whole subject was referred to their consideration. We have not heard what progress has been made in the enquiry; but Mr. Harvey has judged it advisable to take a further step in the matter, probably with the view of keeping the subject alive in the mind of the public. The account given in the newspapers, and we have no other information on the subject, with some few corrections, is as follows: "For several years Mr. Harvey, M. P. for Colchester, who has been, and is, a practising solicitor, has been claiming to be called to the bar; but the Benchers, though he has complied with all the essential qualifications, have refused to do so. The subject has already been brought before Parliament; but Mr. Harvey found it necessary to commence proceedings de novo, by an application to the Benchers of the Inner Temple, to admit him of their body. The application was resisted on the part of the Benchers; and Mr. Harvey, therefore, demanded an investigation on the merits of his claims, upon which the Benchers appointed last evening (Friday, 7th June,) for a hearing. At half past six o'clock Mr. Harvey, accompanied by Mr. Serj. Wilde and a junior counsel, were admitted to the Hall. When the case was called, Mr. Harvey said he trusted that, in the first place, as the question was a public one, the investigation would not be NO. CXLVI. private. There were several gentlemen interested in the matter; amongst whom were some members of Parliament waiting to be admitted. There were also the reporters of the public press, who he trusted would not be excluded, for the reason he had already stated. "At this time there were Messrs. O'Connell, Tennyson, Hume, Hall, Dare, T. Lennard, and other members of the House of Commons. After some consultation, the Benchers decided that no persons could be admitted unless They agreed, however, as a point of principle, those who belonged to the Inn as Benchers. to the admission of two short-hand writers; one on behalf of Mr. Harvey, and the other on behalf of the Inn. Mr. Harvey said, that if they were determined to abide by that decision, he should decline going into the merits of the question before a tribunal so constituted. To him the question was of the most vital importonly his fortune but his character; in short, ance, inasmuch as it involved in its result, not every thing that was dear to man. Upon these grounds, he wished it to be discussed in an open straight-forward manner. If the Benchers of the Inn had any motive which induced them to dread publicity, and they did not think proper to accede to a fair and just demand, he should proceed no further before their tribunal; but they might rest assured that it was his determination to bring it before another. The Benchers persisting in their refusal to admit any person not belonging to the Inn, (with the exceptions already mentioned,) Mr. Harvey and his counsel withdrew. He has intimated his determination to bring the matter before Parliament." 114 Mr. Harvey and the Inns of Court.-Practical Points, No. XLVI. should positively reject a private hearing in ter; sury were bound in honor and justice, either to enforce the appointment, or to call upon the interposing party to give their reasons for the course adopted; and wishing to avoid the inconvenience of personal collision, I proposed that the matter should be submitted to the decision of any five Members of Parliament whom his Lordship should nominate. To this proposal no answer, up to the present time, has been received by me. As regards the matter at issue with the Benchers of the Inner Temple, in like manner, I hereby offer to leave the entire subject to the first seven Members of Parliament whose names shall be taken from the glasses; or to a like number of gentlemen to be drawn by ballot from the Directors of the Bank of England, the East India Company, the Court of Aldermen, or the Book of Middlesex Freeholders; such tribunal to be addressed by any two of the Benchers, or the advocates of their own body. And I further pledge myself, that if I do not substantiate the justice of my claim to be called to the bar, to the satisfaction of the judges thus selected, I will not only bow with respect to their decision, but I will resign my seat in Parliament within the next twenty-four hours, in testimony of the integrity of their judgment. If you, Sir, can point out a course more manifest of a disposition to challenge enquiry, name it and I will adopt it." Since this was written, we have seen a letter from Mr. Harvey in the Times of Tuesday last, 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 but he still shews that they are worthy peculiar 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, or in the Court of King's Bench, shall remain untried, which may be in the least degree calculated to expose the injustice and oppression of which he has hitherto been the victim.” We have only further to add, that we wish Mr. Harvey all success. INTEREST. No. XLVI. 'If," he continues, "I had committed aught that was in any way wrong, I would long since have acknowledged it, and have appealed to a public life of twenty years, under the sanction of an enlightened constituency, who have in six successive parliaments honored me with their suffrages, as no mean testimony to the 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 political prejudice or professional interest, either by ignoble concessions or humiliating contrasts. You perhaps are aware, Sir, that at the formation of the present government, I 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 sushave gone. See Robertson v. Liddell, 9 East, pended; upon which occasion I addressed a letter to Lord Althorpe, as Chancellor of the 487. Dudley v. Vaughan, 9 East, 491. ChensExchequer, stating that the Lords of the Trea-weth v. Hay, 1 M. & S. 676. Gillingham v. (a) See the Papers in vols. 3 & 4 on this subject, signed A cestui que trust." TRADER ABSENTING HIMSELF. Laing, 6 Taunt. 532. In Fisher v. Boucher, 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 servant | into London, where the warrant would have to deny him, in case A., a sheriff's officer, called: it was held, the sheriff's officer not having called, that of itself was not evidence of a beginning to keep house. In the following case it was held by the Court of Common Pleas, that a trader committed an act of bankruptcy: been inoperative, instead of going to the officer in Middlesex, would have been absenting himself, within the principle laid down by the decided cases, whereby an actual delay of the creditor would have been occasioned, and would therefore have been an absenting himself, "with intent to occasion such delay." And the circumstance that the officer had no warrant, but was only supposed to have a warrant, makes no difference, according to the doctrine laid down by Lord Chancellor Eldon, in Ex parte Bamford, 15 Ves. 449. But it is urged on the part of the defendants, that as the case went to the jury on the question, whether these bills of exchange were delivered to the defendants in contemplation of bankruptcy, and to give them a fraudulent preference, and the jury have negatived the fraudulent preference, there can be no use in sending the cause to a second trial; for that this transaction must be protected, under the 82d section of the Bankrupt Act, as a payment 'really and bona fide made by the bankrupt before the commission, not being a fraudulent preference." But we think it enough to say, that the precise point which now arises, viz. whether this payment, after a previous act of bankruptcy, was or was not a real bona fide payment, not being a fraudulent preference, has not been submitted to the consideration of the jury; and that the plaintiffs have a right to have their opinion upon that fact. We therefore think the rule for a new trial should be made absolute. Robson v. Rolls, 9 Bing. 651. NEW BILLS IN PARLIAMENT. A trader of the name of George, being apprehensive that a creditor named Green, who had signed judgment against him, would take out execution thereon against his person, was desirous to ascertain whether a ca. sa. had been issued against him by Green, before he returned from the city to his own house in Middlesex; and for that purpose he came to the lower end of Chancery Lane, which is in London, and beckoned to Whitaker, the assistant of the officer of the sheriff of Middlesex, who was at the sheriff's office, which is situated higher up Chancery Lane, to come to him where he then stood, in order that he might make this enquiry. George at the time believed that the sheriff's office was in the county of Middlesex; and he stated to the officer, that his motive in procuring the officer to come to him, instead of going himself to the office, was to avoid being arrested at the suit of Green, in case Green had sued out a ca. sa. The officer accordingly came to George, and informed him, as the fact was, that Green had not then sued out any execution upon his judgment. George repeated the enquiry at 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 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 to delay a creditor, in case a particular event THIS is intituled "A Bill for the more effechad occurred (namely, in case Green had actual 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 of the cases which have been brought before us in argument, I am satisfied, and my learned brothers agree with me, that my first impression was wrong, and that the forbearing to go into the county of Middlesex, where he would have gone, for the purpose of making this enquiry, but from the dread of being arrested, falls within that class of acts of bankruptcy which are grounded upon the words of the statute, "if he shall otherwise absent himself with intent to delay creditors." In fact, the stop- 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 magistrates, from twelve till three. done, as if he had gone off for the same purpose in a different direction. It was not a mere intention to do an act, which intention was afterwards laid aside, in consequence of information received before it became necessary to do it, which formed the ground of decision in the case last referred to. If the officer of the sheriff of Middlesex had actually had a warrant against George at the time of this transaction, the causing the officer to come METROPOLITAN POLICE OFFICES. Offices established in the Metropolis, and for the more effectual Prevention of Depredations on the River Thames and its Vicinity, for Three Years." The preamble recites that it is expedient to consolidate and amend the several acts now in force; and the following are the proposed enactments: 1. The police offices now established shall be continued. Justices already appointed to act. 3. His Majesty in Council may alter the situation of the offices or discontinue any of them, or reduce the number of magistrates, and alter the attendance and hours of attend ance. 4. Receiver to be continued in office; and, in case of death, his Majesty may appoint another. His duty to receive all fees, penalties, forfeitures, &c. His salary 4007. 5. Constables shall be employed by the direction of the Secretary of State within | the counties of Middlesex, Surrey, Essex, and Kent, and all liberties therein. 6. Thames police surveyors to be appointed with the approbation of the Secretary of State. 7. Officers and patrols of Bow Street Office to act as constables. 8. Police magistrates may swear in streetkeepers to act as constables. 9. Justices to be allowed a salary of 8001. per annum. Further sums to be issued for payment of clerks, constables, &c. and for Bow Street Office, and horse patrol. 10. No Justice shall take fees but at the police office Bow Street, and at the police offices. Penalty 1007. Summons for persons to appear at any place without the limits specified in this act, void. Not to extend to fees at quarter sessions, or meetings of justices for licensing alehouses, or to fees taken at the office in Bow Street, &c. 11. Table of fees to be hung up. 12. Account of fees and forfeitures received at the police offices shall be delivered quarterly to the receiver, and the amount thereof paid to him. 13. Penalties and forfeitures recovered before any of the justices to be paid to the re ceiver. 14. If fees and penalties are not accounted for, receiver may sue for the same in any Court of Record. 15. Receiver may sue for money in the hands of deceased receivers, and recover from executors. 16. Receiver to render accounts quarterly, or oftener, if required. 17. Justices not to sit in Parliament. No Justice, receiver, surveyor or constable, to vote at elections for members of Parliament. Penalty 1007. 18. Acts directed to be done by a Justice, where an offence is committed, may be done by a Justice in the next Police Office. Justices of the Tower Liberty may act at any of the offices. 19. For the regulation of fairs. Penalty on keeping open houses, &c., before six in the morning and after eleven in the evening, 5. for the Master, and on any person refusing to quit, 40s. Fairs held without lawful authority to be inquired into. If declared unlawful, booths, &c. to be removed. Penalty not exceeding 101. On entering into recognizance, question as to right of title to fair, may be tried in the King's Bench. 20. Regulations as to Coffee Shops. To be open only from six in the morning, between Michaelmas and Lady Day; from four between Lady Day and Michaelmas Day, and to close at eleven. Penalty not exceeding 101. 21. Prohibiting the blowing of horns. 22. Negligence or wilful misbehaviour of drivers of carriages, &c., in the streets or highways. Penalty not exceeding 40s. Compensation for hurt or damage, not exceeding 51. 23. Penalty for bullock hunting imposed by 21 G. 3. c. 67, increased. 24. Form of conviction for offences under this Act. 25. Constables, &c., may apprehend any suspected person or reputed thief in any public place, or in any warehouse, &c., and convey him before a Justice, who, if he sees just ground, may deem him a rogue and vagabond under the Act 5 G. 4. c. 83. 26. Form of conviction of reputed rogues and vagabonds. 27. Conviction not to be quashed for want of form, or removable by certiorari, appeal to quarter sessions, &c. 28. In case of removal of Bow Street Office, powers to continue. 29. Penalty for damaging, &c. boats belonging to Thames police. 30. Surveyors having just cause to suspect felony, may enter on board vessels and take up suspected persons. 31. Unlawful quantities of gunpowder may be seized. 32. Boats or carriages having stolen property may be searched and detained, and persons suspected of having such goods may be taken before a justice. 33. On information that there is reasonable cause for suspecting that any goods, &c. have been unlawfully obtained, and are concealed, how to proceed. 34. Party from whom stolen goods received, to be examined by the justice. If goods are found to be unlawfully obtained, party adjudged to be guilty of a misdemeanor. The possession of the servant shall be deemed the possession of the employer. 35. Framing a false bill of parcels to escape detection, deemed a misdemeanor. 36. Penalty for breaking, &c. packages, with an intent that the contents may be spilled. 37. Wilfully letting fall articles into the Thames, or into a boat, &c., with fraudulent intention, how to be punished. 38. For offences declared misdemeanors, and for which no penalty is appointed, offenders shall forfeit not exceeding 51. or be imprisoned (with or without hard labour). Articles seized to be advertised, if person convicted. 39. Offences to be tried at the Thames Police Office, if not within jurisdiction of the city; otherwise before the Lord Mayor, or one of the aldermen. 40. Misdemeanors under 2 G. 3. c. 28, to be punished at the discretion of the justice. 41. Forfeited boats, instead of being burnt, may be restored or sold. 42. Masters of vessels between Westminster Bridge and Blackwall, having on board guns loaded with ball, or discharging guns before sun-rising or after sun-setting, or heating tar and other combustible matter on board of vessels, shall forfeit not exceeding 5l. 43. Disputes about wages for labour done on the river, &c. (except by Trinity ballastmen), to be settled by justices, provided the sum in question does not exceed 57. 44. Jurisdiction for determining disputes about wages for labour done on the Thames, &c. 45. Not to affect the rights of the city of London, &c.; 117 New Bills in Parliament.-Proposed Amendments in the Reform Act. 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, from passing till 5th July, 1836. Repeal of former acts; 3 G. 4. c. 55; 6 G. 4. c. 21; 10 G. 4. c. 45. Proviso as to offences before the act. 49. Public act. JUSTICES OF THE PEACE. THE object of this Bill is "to render more effectual, in certain cases, Proceedings before Justices of the Peace, and for the better suppression of certain Offences." It recites, that it is frequently necessary that Justices of the Peace should postpone the examination in cases of misdemeanor, or the hearing of complaints in cases where they have summary jurisdiction; and that much inconvenience has arisen from the want of power to take bail for the appearance of the person charged at a future day. It is therefore proposed to be enacted as follows: 1. Power to take bail for appearance; and if the party does not appear, the magistrate may proceed with the examination. 2. Complaint to be substituted for formal information, and summons issued thereon. CLAUSE (A).-Forms of summons and conviction. 3. Summons to be served on the party or on husband, wife, or servant. After proof of service of summons, the Justice may issue a warrant for appearance, or proceed ex parte. Proviso for other modes of compelling appearance. 4. Process in force throughout England, and may be executed by any constable, &c. Bail may be taken in the county where warrant is executed, in all cases which are bailable in law. 5. The Justice may summon witnesses, and enforce their attendance by warrant. 6. May commit witnesses refusing to be examined. 7. For frauds on parish officers by forged passes or orders. 5 G. 4. c. 83. 8. The Justice empowered to issue his warrant to enter gaming houses, &c., and bring persons found therein before him. Owners, &c. deemed rogues and vagabonds, under 5 G. 4. c. 83. MR. TOOKE characterises this as one of the most slovenly of the many slovenly Acts that deform our statute-book, and throw discredit on the state of practical legislation in this country, an immense sum being annually paid for drawing Acts of Parliament, with no corresponding improvement in form or phraseology. The defects which are pointed out in the following proposed amendments will be useful to practitioners who are engaged in this new and important branch of law. Sec. 20. "Who shall occupy as tenant any lands or tenements for which he shall be bond file liable to a yearly rent of not less than 50%.” The privilege of voting thus given should be repealed, or a proviso should be attached that no occupying tenant ought to vote unless he possesses a term, or residue of a term, for not less than seven years. This clause has been grossly perverted to purposes of influence and intimidation by landlords. This clause is open to another abuse, in the case of two persons who hold jointly a farm of 501. per annum, each being separately liable to the rent, each, therefore, is entitled to vote; this, therefore, may be multiplied ad infinitum for election purposes. There is no reason why there may not be fifty joint occupiers of a 501. farm, residence not being necessary, liability to rent being the gist of the right to vote. One case occurred, where four sons, as residuary legatees, took a term by way of chattel interest, and all were admitted to vote in respect of it, though three, resided at great distances. The great landlords might under this clause swamp a county. 23 and 26. Altogether inconsistent with one another, the former giving a right to vote to trustees in the actual receipt of rent, the latter taking such right away. 27 and 28. Ambiguous throughout, as regards joint holding of houses with land, on the subject of which four conflicting decisions have been recorded, and on the seven-mile 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. 10. Term of imprisonment, how to be computed. CLAUSE (B).-One Justice may deliver possession of deserted premises. 11. Freemen of the Vintners' Company not to be allowed to sell wine by retail out of the City of London without license. 12. Proceedings not to be quashed for want of form. 13. Not to extend to Scotland or Ireland. a joint holding as owner and tenant, and as in the Scotch Act, to allow of a joint holding of houses as well as land, not to insist on their being held of the same landlord, to define the period of arrear of taxes, and to afford some previous notice of arrear, and that actual payment of rates, &c., should suffice, without designating by whom paid. 29. This clause, as to joint occupiers voting for boroughs, requires a full 10. value to be apportioned for each, but does not provide |