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to Sir Richard Birnie. Mr. Halls dismissed having met with its desérved fate, and been the complaint. I bowed, and was about to re-thrown out of the House, I beg to suggest to tire, when Sir Richard Birnie exclaimed, 'Stop | you that lists of the majority and minority who him ; shut the door; don't let that man escape. voted on that occasion, in the next Legal ObWhere is the person that has got the intorma- server, would be highly acceptable to most of tion to lay against Mr. Smyth, for tampering your readers; and to some, not merely as a with the due course of justice?' I insisted on matter of curiosity, but with a view to future being let go. A person named Wotton was use; for I know, from undoubted authority, keeping the door. I was repeatedly repulsed that the promoters of the scheme have given by bim. He said, 'Why do you attempt to out that they will persevere from Session to escape, when you know you cannot ?" I said, Session, and from Purliament to Parliament, * Because they would say, I acquiesced, and until they have carried their point. This being was not a prisoner. There was a long con- the case, the opponents will know what they sultation between the magistrates, and ten or have to do. A correct report of the speeches a dozen officers. Sir Richard said, “This man would also be very desirable, for I am told is a pensioner, we must see and get his pension they occupied nearly three hours; whereas I stopped: a pretty man to be a pensioner, tam- | cannot find a London paper that allots searcely pering with the due course of justice.' I was more than a column to them. I extract the kept a quarter of an hour or twenty minutes. following from a letter, on which you may Sir Richard Birnie went out at the back door. rely :-“The most amusing part of the debate I was sitting down at the end of the office. Mr. was the apparent security in which the proHalls called out •Mr. Smyth,' repeatedly. I moters of the measure reposed, and their evisaid, 'I have nothing to say to Mr. Halls: Ident contempt of the strength of their oppodemand my liberty.' The defendant Burchell nents. The London lawyers had set their then said, "If you will not come by fair means, hearts upon this object, and their chagrin I must take you by force.' He dragged me seemed great.” by the collar across the office, and Mr. Halls (We shall probably give the lists recomsaid, “Mr. Smyth, I understood there was an mended by our correspondent, after ascertaininformation against you for obstructing the due ing that those which have appeared are corcourse of justice, and, as you were present, I rect. Ed.] considered it my duty to detain you. Now that I have read the charge, I don't think I

To the Editor of the Legal Observer. should be justified in detaining you any longer: you are discharged.' I said, 'You may de Sir, pend on it, Mr. Halls, if there is any law in the I was fortunately present in the House of country to which I can have recourse for re- Commons on the night when the decisive and dress for this outrage, I will have recourse to triumphant blow was given to Mr. William it.' Mr. Halls said, I might do as I thought Brougham's General Registry Bill. Both sides

of the question were ably discussed, but it Lord Tenterden, C.J.-I am of opinion that was quite evident where the argument lay. the justices could not detain a person known Mr. Pease (the member for South Durham), in to them till some other person should make aan eloquent speech, stated, that although nucharge. I think, before they detain a known merous and respectable petitions had been preperson, they should have a charge made; there- sented from all parts of the kingdom against fore, unless you can show that Goddard's charge the measure, yet he defied its supporters to was made by him and received by the magis- prove that one town had raised a voice in its trates before Mr. Smyth was stopped, you can. favor. This alone was sufficient to demon. not vary the case; and it is plain that you can strate the universal feeling which prevailed, not, as they evidently detain Mr. Smyth till not only amongst the “lawyers,” but amongst Goddard makes his charge, and then it is found | landholders, and the nation at large He pronot to be sufficient. I think that a magistrate ceeded to shew that the costs of the attorney is not justified in detaining a known person would be doubled by reason of the postage, till a charge is made. The magistrate should journies, loss of time, &c. &c.; and he conhave the charge actually made before he de- cluded with passing a high eulogium on all the tains the party, Verdict-Guilty. Rex v. country practitioners, who had displayed such Birnie and others, 5 C. & P. 206. S, C. disinterested conduct on this occasion. I Moody & Robinson, 160.

The profession in general has reason to be grateful to you, Sir, for the determined and

unremitting opposition which this bill has enSELECTIONS :

countered through the medium of your valu

able columns. .
FROM CORRESPONDENCE.

W. W.
Lincoln's Inn.
No. XXIX.

ON SUING IN FORMA PAUPERIS.
GENERAL REGISTER.

To the Editor of the Legal Observer.
To the Editor of the Legal Observer. I Sir,
Sir,

It has always appeared to me-a very harsh The General Metropolitan Register scheme interpretation of the stat. 11 Hen. 8. c. 12, to

proper."

174

Selections from Correspondence.

Parliamentary Returns.

require a person desirous of availing himself able to sue for his remedy according to the of the henefit of that statute, or in other words, course of the common law :” and how many, to sue in forma pauperis, to swear that he is then, are in this state of inability, who are not not worth five pounds : I will therefore, with yet reduced to a state of absolute pauperism, your permission, shortly discuss this question, every day's experience will inform us. through the medium of your publication.

PHILO-PAUPERIS. The statute of Henry, which is intituled, “ A Mean to help and speed poor Persons in their Suits,” requires that “ the poor person

THE STUDENTS BOX IN THE COURTS OF be not able to sue for his remedy after the

JUSTICE. course of the common law.” Now in prac. To the Editor of the Legal Observer. tice, the average amount of the plaintiff's costs Sir, in trying a cause in our courts of common law, On a student's entering an Inn of Court, he may be estimated at thirty pounds. In equity, purchases a book, which he deems tolerably of course, the charges must far exceed this good authority, respecting usages, immunisum. It may then, with truth, be asserted, ties, &c. and among other privileges, is ex. that every person who is so poor as not to be pressly stated that of a seat in the box denopossessed of thirty pounds, or who cannot adminated “ The Students.” Now, Sir, my vance that sum without absolute ruin, is not motive for troubling you is, to ascertain whe able to sue for his remedy, according to the ther, as a matter of right, a student can enter course of the common law; and, as I contend, this box, or whether he must obtain leave and consequently comes within the purview and license, on certain pecuniary conditions, from strict letter of this most humane and charitable the inferior officers of the Court. If we really statute.

have anything like a claim, their conduct is There is indeed a subsequent act of parlia- outrageous. The other day I was making my ment, the 2 G. 2. c. 27, by which it is provided, way to the box, but was stopped, and told that that persons arrested on Exchequer writs for I had not entered my name at the beginning infractions of the custom lawe, shall be ad- of the term, and paid the subscription, and mitted to make their defence to such actions consequently was not entitled to a seat. The in forma pauperis, on filing an affidavit that box was, in less than a quarter of an hour, they are not worth five pounds, besides their filled with reporters, who locked the door, wearing apparel. But this statute is clearly and admitted Done but of their own choice. confined to the particular cases of arrests on Granting the box to be dedicated to our ac. the custom laws by process from the Exche commodation, I should say we have the power quer, and leaves the general remedial provi- of excluding those who intrude into it, although sions of the former act in full force.

that privilege would by most be waived. As The question of ability, it is true, is left to the system of exclusion is a matter of general the discretion of the Judges, who, it is pre- complaint, it is quite time that the rights of sumed, can only exercise this discretionary the respective parties should be ascertained ; power by satisfying theinselves that the appli- for if the students have it, they should at the cant for the gratuitous administration of justice same time have uninterrupted enjoyment of it. is, in the language of the legislature, “ not!

STUDENS.,

PARLIAMENTARY RETURNS.

ARTICLES OF CLERKSHIP. Return of the Number of Articles of Clerkship of Attorneys, and of Assignments thereof, filed · in His Majesty's Court of King's Bench, in each Year, from the first Day of Euster Term,

1819, to the first Day of Easter Term, 1833; distinguishing those of University Graduates.

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1951

Barristers called.-List of New Pablications:-Bankruptcies superseded.

ATTORNEYS' CERTIFICATES. Return of the Number of Certificates annually taken out by Attorneys and Solicitors practising

in Englund and Wales, from the first day of Euster Term, 1819, to the first day of Easter i Term, 1833 ; und the Gross Annual Amount of Stamp Duties paid during those periods upon such Certificates.

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Easter Term 1819 to Easter Term 1820
Easter Term 1820 to Easter Term 1821
Easter Term 1821 to Easter Term 1822
Easter Term 1822 to Easter Term 1823
Easter Term 1823 to Easter Term 1824
Easter Term 1824 to Easter Term 1825
Easter Term 1825 to Easter Term 1826
Easter Term 1826 to Easter Term 1827 -
Easter Term 1827 to Easter Term 1828
Easter Term 1828 to Easter Term 1829
Easter Term 1829 to Easter Term 1830
Easter Term 1830 to Easter Term 1831
Easter Term 1831 to Easter Term 1832
Easter Term 1832 to Easter Term 1833
Stamp Office, Somerset-place,

22 Moy, 1833.

6,764

57,646 6.930

58,9221 7,090

60,510 7,353

62,5221 7,618 7,894

66,842 7,928

67,388 8,193

69,6501 8,430

71,702 8,624

73,254 8,908

75,654 9,016

76,516 9,083 77,350 9,221

79,006 TEESDALE COCKELL,

Registrar.

BARRISTERS CALLED.

Common Law and Equity, with new Practical Trinity Term, 1833,

Forms, intended as a Court and Circuit Com, LINCOLNS INN,

panion. In 2 Vols. Vol. I. Part II. By J. Thomas Edward Briarly, Esq.

Chitty, Esq. Price 18s, boards. Brent Spencer Follett, Esq.

Reports of Cases in the Vice Chancellor's John W. Bruce, Esq.

Court. By N. Siinons, Esq. Vol. IV. Part Thomas Turner, Esq.

II. 98. Baldwin F. Duppa, Esq.

Cases of Controverted Elections in the Ele-,

venth Parliament of the United Kingdom.' MIDDLE TEMPLE.

By H. J. Perry and J. W. Knapp, Esqrs., Edward Teed, Esq.

Part II. Price 6s. James Hussey, Esq.

Reports of Cases in the Court of King's : Thomas Benjamin Hobhouse, Esq.

Bench, in Trinity Term 1832. By R. V.. William Wakeford Attree, Esq.

Barnewall and J. L. Adolphus, Esqrs. Vol., Thomas John Roe, Esq.

III. Part V. Price 58. Thomas Smith, Esq.

Reports of Cases in the Court of Common INNER TEMPLE.

Pleas and other Courts, in Hilary and Easter Francis Cunningham Belfour, Esq.

Terms, 3 W. 4: By J. B. Moore and J. Scott,' John Campbell Lees, Esq.

Esqrs. Vol. III. Part I. Price 88. Rowley Lascelles, Esq.

Reports of Cases argued and determined in George Coode, Esq.

the Exchequer of Pleas and Exchequer Cham-' John Mellor, Esq.

ber, in Error, in Trinity Terin 1832. By R.) Henry Champion Partridge, Esq.

P. Tyrwhitt, Esq. Vol. II. Part IV. Price 98. James Watson, Esq.

Reports of Cases at Nisi Prius in the Courts Holdsworth Hunt, Esq.

of King's Bench, Common Pleas, and ExcheGRAY'S INN.

quer, and on the Western and Northern Cir. William Hughes, Esq.

cuits, from the Sittings after Hilary Term Daniel Neal Lister, Esq.

1832, to the Sittings after Hilary Term 1833.

By W. Moody and F. Robinson, Esqrs. Vol. LIST OF NEW PUBLICATIONS. 1. Part II. (In continuation of Moody and i

Malkin.) 68.
Treatise on the Commencement of Personal
Actions and Proceedings to Declaration in the

BANKRUPTCIES SUPERSEDED.
Superior Courts at Westminster. By W.

From May 21, lo June 18, 1833, both inclusive. Atherton, Esq. 68. boards.

Bennett, Wm., Lostock, near Bolton, Lancaster, Cotton The Practice of the Law in all its Depart

Spinner.

Hawkins, Joseph, Old Quebec Street, Oxford Street, Victus, ments, with a View of Rights, Injuries, and aller.** Remedies, as ameliorated by recent Statutes,

Hodgson, Tho., Manchester, Tanner.

Parker, Wm., Leeds, York, Grocer, &c. Rules, and Decisions, and shewing the Prac- Williams, John Matthew, otherwise John Williams, Tote, tice in Arbitration before Justices in Courts of : teridge, Herts, and Lambeth Road, Surrey, Bill Broker.'

176

Ass.

AclunBen, LiverpoBedford

Street, se, of. Asser Manu.

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:

.. .. Bankrupts. ! . ;:.. TomT . BANKRUPTS.

| Joubert, Jean Baptiste Amedee, Regent Street, Upholsterer

& Milliner. "Gadsden, Furnival's Inn ; Turgausit, Off. From May 21, to June 18, 1833, both inclusive.

Jackson, Tho., George Street, Minories, Wine Merchant. Almosnino, Solomon, Bevis Marks, Dealer in Feathers. Owen & Dickson, Mincing Lane.

Edwards, off, Assi, Pancras Lane; Crowther & Maynard, Jones, Francis, Cornhill, Silversmith, Edwards, Off. Ass. ; Mansion House Place.

Eritt & Price, Haydon Square,
Ashby, Rob. & Sam., Staines, Middlesex, and Upper Thames | Jervis, Wm., Truro, Cornwall, Innkeeper. Sietena, Gray's

Street, Mealmen. Winter & Co., Bedford; Clark, Inn Square ; Perkins, Bristol.
Off. Ass.

Kaberry, John, Leeds, Leather Cutter. Ballye & Co...
Acton, Peter, Manchester, Joiner. Abbott & Arne, Symonds Chancery Lane; Raynur, Leeds.
Inn; Bennett, Manchester

Lee, Alex., Surrey Street, strand, Music Seller. Gibson, Off. Allured, 'Wm., Liverpool, Tailor. Miller & Co., Liverpool ; Ass. ; Cocker, Nassau Street, Soho Square. Taylor & Roscoe, Bedford Row.

Linter, Hugh, Portsea, Southampton, Grocer. Wimbura & Bishop, Edward, Bermondsey Street, Surrey, Victualler.

Co., Chancery Lane; Callurray & Co., Portsmouth * Heathcote, Coleman Street; Whitmore, Off. Ass.

Lloyd, Rich., Liverpool, Brewer. Broadhurst, Liverpool; Botibol, Moss Haim, Soho Square, Ostrich Feather Manu. Adlington & Co., Bedford Row

facturer. Kitchener, Off. Ass.; Sydney, New London Lewtas, Matthew, Liverpool, Painter, &c. Adlington and Street, Fenchurch Street.

Co., Bedford Row; Tudor, or Frorlsham, Liverpool. Blinkhorn, James, Manchester, Commission Agent. Clarke | Law, Benjamin, Northampton, Biscuit Baker, &c. Becke

& Medcall, Lincoln's Inn Fields; Higginbottom, Ash & Co., New Inn; Becke, Northampton. ton-under-Lyne.

Longmire, George, Barnard Castle, Durham, Draper. Bleke, Bond, Peter, Worcester, Wine Merchant, King & Son, King's Road, Bedford Row, Shepherd, Barnard Castle.

Serjeant's Inn; Clark, Upton-upon-Severn, Worcester: Monkhouse, John, Bagnige Wells Tavern, St. Pancras, TaBowering, Tho., Devizes, Wilts, Baker. King & Wluttaker, vern Keeper. 'Green, Off. Ass.; Robinson, Queen Street Gray's Inn Square; Anstie, Devizes.

Place. Buchanan, Mary Clara, Golden Square, Boarding-House Milledge, Henry, Milton Street, Dorset Street, Dorset Square, Keeper. Lane, Argyle Street, Regent Street.

Carpenter. Allen & Gylby, Carlisle Street, Soho; Green, Brand, James Edward, Nelson Place, Old Kent Road, Fish

Off Ass. monger. Turnley, Ironmonger Lane, Cheapside. Mellor, Benj. Keighley, York, Innkeeper. Smith, ChanBilton, George, York, Tailor. Lever, Gray's Inn Square ;

I cery Lane; Hall, Keighley. Snith, yun., York.

| Marsh, Stephen Hale Alonzo, Bristol, Music & Musical InBarlow, Geo., Stepney Green, Iron & Coal Merchant. Wil. strument Seller. White & Whitmore, Bedford Row;

ley, & Co., Bank Chambers, Lothbury; Graham, Off. Beran & Brittan, Bristol, Ass.

Morrey, Josiah, Nantwich, Chester, Corn & Flour Dealer. Betts, Geo. Harvey, langport-Eastover, Somerset, Linen Carver, jun., Nantwich; Johnson & Weatherall, Temple.

Draper. Holme & Co., New Inn; Murty, Crewkerne. Mott, Wm. Radley, Throgmorton Street, Tavern Keeper. Chamberlain, James Geo. Charles, Marlborough Road, Chel Gibson, Off. Ass.; Smi h, King's Arms Yard.

sea, Grocer. Groom, Off. Ass. : Bousfield, Chathamn Neville, William, Earl's Court, Kensington, Surgeon, &c. Place.

Casterton, Lothbury. Cornish, James, Shepperton Street, New North Road, Isling | Oakes, Rob., Liverpool, Painter and Glazier. Robinson, Li

ton, Stone Mason. Watson & Sons, Bouverie Street, Fleet verpool Blackstock & Bunce, Temple. Street; Kitchener, Off. Ass.

Palmer, Jarvis, Hampton Street, Walworth, Fish Sauce and Collier, Rob. Crawley, Witney, Oxford, & Horatio Collier, Blacking Manufacturer. Wheatley, Maiden Lane.

of Worsham-Mills, Asthal, Oxford, Blanket Manufac. Cheapside; Cannan, Off. Ass. turers. Messrs. Helder Clements Inn; Westell, I Pasmore, Ephraim, Maidenhead, Berks, Grocer. Sturen. Witney.

St. Savior's Churchyard, Borough Clark, Off. Ass. Cooper, Tho., Brighton, Hotel Keeper. Trehern & White, Powell, Philip, Brighton, Lace Merchant. Abbolt, Off, Leadenhall Street; Bennett, Brighton.

Ass.; Parker, St. Paul's Churchyard.' Cox, Sam., Molland, Exeter, Scrivener. Terrell, King's Paynter, James Walter, Manchester, Dealer. Bouer, Chan. Arms Yard; Stogdon, Exeter.

cery Lane; Shelmerdine, Manchester. Dickins, Wm., sen., Northampton, Grocer, Plasterer, &c. Ryan, wm., trand, Carpet Dealer. Fyson & Beck, Loth. Vincent, King's Bench Walk, Temple; Cooke, North bury; Groom, ff. Ass. ampton.

Ross, Geo., St. Mary Axe, Grocer, Belcher, Off. Ass: Gads. Durant, John Pope, Plymouth, Devon, Chemist & Druggist. den, Furnival's inn.

Edmonds, Plymouth; Mantle, Essex Street, Strand. Round, Joseph, Stourbridge, Worcester, T'lumber & GlaElling, John, Warminster, Wilts, Butcher. Messrs. Hel. zier. Bigg, Southampton Buildings; Haywvol, Bir

der, Clement's Inn; Goodman & Griffith, Warmin mingham. ster.

Rolfes. Wm Geo., Fenchurch Street, & Ship Lane, Lam. East, Philip, Tavistock Street, Covent Garden, Bookseller, beth, Tobacco Broker. Edwards, Off. Ass.; Lang, Fen. &c. Belcher, Off. Ass. ; Duncombe, Clements Inn.

church Street. Foster, John, Liverpool, Printer å Stationer. Addison, Ve- Richardson, James Cross, Jeffery Richardson. & kichard rulam Buildings, Gray's Inn; Clement son, Liverpool.

Richardson, Manchester, Commission Agents. Milne Fletcher, Henry, Finsbury Place, South, Bookseller. "Groom, & Co., Temple ; Acton, Wigan. OF. Ass., Young, George Yard, Lombard Street.

Smith, Sam, King William Street, Strand, Saddler. Brown, Gibbins, Wm., Hereford, Perfumer & Jeweller. Robinson, Cooh's Court, Lincoln's Inn ; Eduards, Off. Ass,

Queen Street Place, Southwark Bridge; Gough, Here Sherwin, Tho , London Wall, Cheesemonger. Wilkiesos, ford.

Bucklersbury : Graham, Off. Ass, Glover, Geo., Kingston upon Hull, Grocer. Shaw, Ely Stammers, Joseph, Jermyn Street, St. James's, Cabinet MaPlace. Holborn; Codd & Levett; or Thorney, Hull.

ker, Green, Off. Ass.; Weymouth, Old Jewry. Gardner, John, Preston, Lancaster, Joiner. Chester, Staple) Shepherd, Samuel, Upper Bryanston Street, Portman Square, Inn; Messrs. Armstrong, Preston.

Wine Merchant. Kitchener, Off. Ass.; Willis, Sloane Gibson, 'Wm., Pendleton, Lancaster, Broker. Adlington & Square, Chelsea. Co., Bedford Row; Law, Manchester.

Sheasby, Sam., High Holborn, Furnishing Ironmonger. Grant, Seth Burge, Bristol, Hatter. Hicks & Co., Bartlett's Green, Off. Ass.; Ness, Dyer's Buildings, Holborn. * Buildings, Holborn. Peters, Bristol.

Tippet, Richard Edwards, Mazarion, Cornwall, Broker. Gidley, Gustavus, Cateaton Street, Button Maker. Bull, ) Popkin, Dean Street, Solio ; Nicholas, Truro. Ely Place, Holborn.

Thorogood, Charles, New Church Street, Lisson Gmse, Gray, James, Chichester, Clothes Salesinan. Powell, Chi. Victualler. Abbott, Off. Ass.; Colombine, Carlton chester ; Souton, Great James Street, Bedford Row.

Chambers, Regent Street Hagger, John, Brighton Place,' Brixton Road, Surrey, Oil. Thirlwell, Tho., North Shields, Wine Merchant. Michael,

man. Soames, Great Winchester Street; Graham, Ot Red Lion Square; Wheldon, North Shields. - Ass.

Turner, John, Langport Eastover, Somerset, Corn Factor & Hibburd, Wm., Egham, Surrey, Saddler. M'Clellan, Eg. Grocer. Warren, Portsmouth Chambers, Lincoln's Inn ham Hythe; Poole & Co., Gray's Inn.

Fields: Warren, Langport. Harvey. Johu Arbuthnot, High Street, St. Giles, Clothes | Weston, John, jun., Albemarle Street, Draper. Turner,

Salesman. Hardwick, Lawrence' Lane, Cheapside ; Basing Lane, Bread Street; Lackington, Off. Ass. • Whitmore, Off. Ass.

| Watson, James Eyre, Bucklersbury, Merchant. Crotrder & Hoad, Francis, & John Wadey, Prospect Place, Si, Gieorge's Maynard, Lothbury.

Fields, Bricklayers. Oakley, Long Lane, Southwark ;) Winter, Joseph, Stoke-under-Hamdon, Somerset, and of Cannar, Off. Ass.

Preston Pluckuett, Somerset, Glove Manufacturer. Hubbard, Jobn, Oxford, Grocer. Philpot & Son, South Nicholetts, South Petherton.

ampton Street, bloomsbury. Rackstrow, Oxford. Woodward, Rob., lime Street Square, Tailor & Ship Owner. Holman, James, Hoxton Old Town, Calenderer. Rowland Corner, Canterbury Square ; Lackington, Off. Ass. & Young, Princes Street, Bank.

Woolcott, Wm., Exeter, Grocer. Willonghby, Clifford's Hall, Gervase Cressy, Alfreton, Derby, Money Scrivener. ni; Clark, Off. Ass.; Terrell & Co., Exeter

Johnson and Weatherall, Temple; Feurshead & Co., Wyatt, Henry, York Street, Covent Garden, Boarding House Nottingham.

Keeper. "Pirbeke, Lower Grosvenor Street; Turqaand, Hazelden, Wm., Goudhurst, Kent, Butcher. Wilton, John Off. Ass.

Street, Bedford Row: White & Miller, Goudhurst. Wilks, Charles Morris, Greetham, Rutland, Innkeeper. Haynes, Caleb, Mitcham, Surrey, Carpenter. · Van Sandau, I Parker, Horncastle; Norris & Co., Great Ormond Old Jewry; Turgnand, Off. Ass.

Street. Hull, Wm., Coventry. Watch Manufacturer. Clarke & Young, George, & James Hancock, Hatton Garden, Card

Metcals, Lincoln's Inn Fields; Wills, Birmingham, Makers, Craft & Co., Bedford Row; Gibson, Of. Ass.

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THE STATE OF THE CRIMINAL 1 We have now arrived at this stage of LAW.

the question. For some years a great and very laudable disposition has existed to miti

gate our criminal code-by far the most It is a matter of curious speculation to watch severe in Europe at the commencement of the change which takes place in the public | the present century; and in every recent feeling on the same subject; for it is not con- session some crime has been exempted from fined to the vulgar, but is quite as perceptible | the punishment of death. The principle in the best informed classes, particularly | now laid down is, that no crime unattended if our legislators are to be considered in that by violence should be capital ; and the law. rank. At one time it is the fashion to hold has been made nearly consistent with this an opinion, which twenty years afterwards | rule--the last great alteration on the subis considered absurd; one day, the currentject being, the repeal of the punishment of sets in strong this way; the next, it carries

death from forgery, except in some trifling all before it in another: one generation dis- | instances. We must be careful, however, covers that the judgment of its predecessor

that we do not now run into the opposite was monstrous, and a succeeding one returns

extreme, and that from punishing too much to the opinion of the first. There is, after

we do not punish too little. We conceive all, but little novelty in politics and legis- | that property should be reasonably protectlation, and if a man only steadily adhered | ed; and until some more severe secondary to one opinion, and could live long enough. I punishment is fixed on than transportation however mortifying it might be to him to for life, we confess that we are unwilling to find himself opposed to the world at one time. I go a step further in removing existing checks he might console himself with the certaint against crime. Indeed, we venture to prethat he would soon cease to be alone.

e to be alone | dict, that the revolution in public feeling to This fluctuation of sentiment may be pe- whic

nes which we have alluded, will soon take culiarly illustrated by a reference to the cur- place. We have recently been told, from rent notions respecting our criminal code. the best authority on the subject, Mr. UnAt one time. nothing but death will do : der Secretary Lamb, that since forgery and the stealing a pound of bacon, and the mur- horse-stealing have ceased to be punished der of a father. are to be punished alike. | with death, they have increased to a very Act after act is passed, written in blood : alarming extent; and it appears to us, that and the spare time of Parliament is occu. although we should give the mitigatory syspied' with nothing else but a new Draconic

tem a fair trial, we should throw down no code. When this has lasted some time the

other barrier for the protection of property feeling begins to change; the policy of the

until the result of the present alteration has system is questioned ; the old opinion loses been kno!

been known. ground; speeches are made ; enquiries, ..

Much information on the present subject granted at first with difficulty, are finally is

inalla is collected in a little work by Mr. Wool. carried triumphantly: another train of com- rych,“ which is written mainly with the mon-place comes into vogue, and act after act is repealed,

a The History and Results of the present NO, CL.

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