Superior Courts: Queen's Bench.-Common Pleas.-Exchequer. Master of the Rolls, an application was granted for his restoration to the Roll of this Court, THIS was a motion to restore the name of the above attorney to the Rolls of this Court. It appeared he had been struck off the Roll of Solicitors by the late Lord Langdale, Master of the Rolls, in Dec. 1842, in reference to misconduct in a bankruptcy, on the petition of the Birmingham Law Society, and had been thereupon struck off the Rolls of this Court. It appeared the Master of the Rolls had, on July 13 last, made an order for his restoration to the Roll (reported ante, vol. 46, p. 199), and this motion was accordingly made. Sir F. Thesiger, in support, stated, that notice had been given to the Incorporated Law Society, who did not oppose. The Court said, that as the applicant had been removed from the Roll of this Court on the order of the Master of the Rolls, he would be restored on the same authority, and the motion was therefore granted. 115 SOLIDATION INTO ONE ACCOUNT.-STA- The defendant purchased of the plaintiff a Byles, S. L., in support, on the ground the purchase of each parcel was a separate transaction, in respect of which there had been no acceptance or part payment to take the case out of the Statute of Frauds, as regards parol contracts. The Court said, the learned Judge had rightly directed the jury that the whole transaction was one purchase, in accordance with Elliot v. Thomas, 3 M. & W. 170; 1 Horn. & H. 38; and that there had been a sufficient part payment and acceptance. The rule would accordingly be refused. A RULE nisi had been obtained in this Term on leave reserved to set aside the verdict for the plaintiff and enter it for the defendant in this action, which was brought for breaking and entering the plaintiff's house at Birmingham, and injuring his furniture, to which the defendant pleaded that he was bailiff of the Borough Court, and committed the trespass in question in pursuance of his duty, and also that no notice in writing had been given of the action. There was a further plea that he entered by virtue of a writ of execution of which Morgan and another v. Marquis and another. he had the carrying into effect, directed to the serjeant-at-mace. On the trial, before Alderson, B., at the last Warwick Assizes, it appeared the defendant had not been formally appointed by the Judge of the Court, although he executed its process. Hayes showed cause against the rule, citing 7 & 8 Vict. c. 19, s. 8. Mellor in support. The Court said, the defendant had failed to make out his plea of his being appointed an officer by the Judge of the Court within the 7 & 8 Vict. c. 19, and assuming the Court was within the Act, the privilege as to notice only extended to the serjeant-at-mace, and not to the defendant, as the Act did not require notice to be given to all persons lawfully acting under him, and the rule must be discharged. Rigg v. Whisking. Nov. 25, 1853. PURCHASE OF TIMBER IN PARCELS.-CON Court of Exchequer. Nov. 2, 1853. BANKRUPT.-SALE OF GOODS BY PARTY The defendant sold certain goods by direction of J., who was jointly interested therein with a person declared a bankrupt : Held, that the assignees were not entitled to recover the proceeds of such sale-but that their course was to proceed in a Court of Bankruptcy or of Equity for an account. THIS was a motion to set aside the verdict for the defendants, and for a new trial in this action for money had and received to the plaintiffs' use, and which was brought to recover the proceeds of certain barrels of flour sold by the defendants, commission agents in Liverpool. It appeared that the defendants had purchased a quantity of flour by the direction of Mr. Perrin, a Liverpool merchant, and 116 Superior Courts: Exchequer.-Criminal Appeals. under false pretences under the 7 & 8 Geo. 4, c. 29, s. 53. It appeared on this indictment for attempting to obtain moneys under false pretences, that the prisoner had obtained a circular letter of credit from Messrs. Duncan & Co., of New York, for 210., on their correspondents the Union Bank of London, and that he had alter had sold a portion by direction of him and a Mr. Shute, who had advanced money for the purchase, and the sale of the remainder took place by direction of Mr. Shute, after Mr. Perrin had committed an act of bankruptcy, and the plaintiffs were appointed his assignees. The defendants pleaded never indebted and non detinent to a count in detinue, and on the trial before Erle, J., at the last Liverpool As-ed the sum to 5,2107. The prisoner had obsizes, they obtained a verdict. Hugh Hill in support. tained certain sums of money from Messrs. Wilson & Co., at St. Petersburg, and had given them a cheque for 1,2001. on the Union Bank, but which was dishonoured on presentation, and on the prisoner's coming to this country, he was indicted in respect of such cheque. On the trial, before Parke, B., the jury returned a verdict of guilty, subject to this The Court said, as the jury had found that Shute was jointly interested with the bankrupt in the goods, he was entitled to dispose of the partnership property, in accordance with Fox v. Banbury, Cowp. 445, and the plaintiffs had no right to recover the proceeds from the defendants, but must proceed in a Court of Bank-point reserved. ruptcy or of Equity for an account. The rule would therefore be refused. The defendant, to whom two bills of exchange were directed as purser of a mining company, accepted per proc. of the company, of which he himself was also a shareholder: Held, that as he was not authorised to accept for the company, and who besides were not drawees, he was personally liable for the amount of his acceptance. THIS was a motion for a rule nisi to set aside the verdict for the plaintiffs and to enter it for the defendant in this action, which was brought on two bills of exchange directed to the defendant as purser of the West Downs Mining Company, and accepted by him per proc. of such company. On the trial before Talfourd, J., at the last Devon Assizes, it appeared that the defendant was a shareholder in the company, which was not a corporate body, and the jury, under the direction of the learned Judge, found for the plaintiffs, subject to this motion. M. Smith in support. The Court said, the legal effect of the accepance was, that the defendant accepted in his own right as principal, as he had no right to accept for the other parties, they not being drawees, and the rule was accordingly refused. Court of Criminal Appeal. INDICTMENT FOR OBTAINING MONEY UNDER The prisoner had altered a letter of credit for Byles, S. L., and Robinson, for the prisoner, citing the 7 & 8 Geo. 4, c. 29, s. 53,' and Rex v. Wavell, 1 Mood. 224. Huddleston in support of the conviction. The Court said, even if the cheque had been duly honoured, the prisoner could not have been indicted for obtaining money under false pretences, as the obtaining within the meaning of the Statute contemplated an obtaining according to the wishes or in order to gain some advantage. But in the present case the prisoner had obtained his object on receiving the money in St. Petersburgh, and no advantage noured, but on the contrary, it was more to his could arise to him from the cheque being hoadvantage if it had been destroyed. Although, therefore, there had been a gross fraud, there was no obtaining of money under false pretences within the Statute, and the conviction must be reversed. Regina v. Sleeman. Nov. 26, 1853. CONFESSION.-ADMISSION IN EVIDENCE. Circumstances under which the confession of a prisoner charged with arson was admitted in evidence on an indictment for such offence. On this indictment for arson, before Martin, B., evidence was received of the prisoner's confession, which had been given upon the person having charge of her saying "Don't run your soul into more sin, but tell the truth." The prisoner had previously denied her guilt on the witness expressing her regret at her situation, and inquiring whether she were guilty or not. The Court said, the evidence was admissible, as no threat or inducement had been held out, and confirmed the conviction. Which is as follows:-" Whereas a failure of justice frequently arises from the subtle distinction between larceny and fraud; for remedy thereof be it enacted, that if any person shall by any false pretence obtain from any other person any chattel, money, or valuable security, with intent to cheat or defraud any person of the same, every such offender shall be guilty of a misdemeanor." THE NEW REFORM BILL. REPRESENTATION OF THE LEGAL PRO- ences. On the other hand, an increase of the qualification restricting the number of voters, and operating as a partial disfranchisement of existing constituencies, would conflict with the principles of free GovernTHE Government is pledged to introduce, ment, and justly create an amount of hosin the next Session of Parliament, a Bill to tility and opposition which no Minister, amend the representation of the people. however powerful and honest, could sucSome attempt will, no doubt, be made to cessfully contend against. A measure comcheck the systematic bribery and corruption bining an extension of the franchise with a found to prevail, not only in the smaller higher standard of qualification has a far constituencies but in some of the larger better chance of success, and would procities and boroughs. The disclosures of bably obtain the support of a large proporElection Committees during the last Session tion of those, who do not regard the question of Parliament, have served formally to re- with a view to its effects upon the interest cord, what was before universally felt and of a party or the promotion of individual thoroughly well understood, that the repre- ambition. sentative system is unsound to the core, It is altogether beside the purpose of and that the elective franchise is constantly these remarks to discuss the precise extent and commonly exercised under the influence to which it is expedient to carry the revision of the most sordid motives. No one sup- of the electoral system. The contemplated poses that the constituencies whose delin- changes are only adverted to, in order to quencies have been exposed, differ materially express a hope that the opportunity about from others that, by accident or corrupt to be presented may not be inconsiderately compromise, have escaped investigation. lost. A similar opportunity cannot speedily, The disease is not confined to any particular and may never, again occur to those we adlocality, but is in the nature of an epidemic, and the remedy is not to be found in the disfranchisement of some half-dozen boroughs, which recent disclosures have rendered temporarily notorious: it must be coextensive with the disease. dress. It is in vain now to inquire whether any modification of the representative system is desirable. It is already determined upon by the Government of the country. The question must be mooted and decided upon. The expediency of creating new conThe measure of amendment to be pro- stituencies will be discussed and settledposed will probably involve, as well a change not at the instance of revolutionary agitators of the basis of representation by an exten--but upon the deliberate suggestion of the sion of the franchise, as the adoption of a responsible Ministers of the Crown. Existhigher standard of qualification. The adop-ing arrangements are, to a greater or less extion of either principle exclusively would be tent to be disturbed; and does not this state open to manifest objections. A simple ex- of things, we ask, afford a legitimate occatension of the suffrage to a class not more sion, at least, for considering the claims of the elevated as regards property or intellectual Legal Profession to a direct representation? cultivation than the majority of those to The members of the Inns of Court, and Chanwhom it is now entrusted, would afford no cery, united with the registered Attorneys additional security against corrupt influ- and Solicitors, would create a constituency VOL. XLVII. No. 1,345. H 118 The New Reform Bill-Representation of the Legal Profession. numerically large, and certainly not inferior subject of a party triumph. If the suggesin independence and intelligence to any tion we have now ventured, not to originate other in the kingdom. The suggestion, but to revive, was taken up in a hearty and that the Legal Profession should have the united spirit by all branches of the Legal power of sending a representative to the Profession, there is no reason why it should House of Commons, will be met at starting not receive the respectful and even the by the observation, that the House already favourable consideration of her Majesty's contains many lawyers. It is quite true, constitutional advisers. The proposition the House of Commons does contain a con- could hardly fail to be acceptable to many siderable number of Barristers, and a few who would regard a general extension of the Solicitors, but it is equally true, that no one elective franchise with apprehension and of these gentlemen has gone into Parliament distrust. The proper leaders in a moveto represent, nor does in fact represent, the ment with a view to this object, would be Legal Profession. Some, and we are con- the Benchers of the Inns of Court, and the strained to admit, a large proportion, enter Council of the Incorporated Law Society; Parliament with no higher object than the but these bodies could scarcely be expected promotion of personal ambition: a few re- to act in such a matter without some clear present the political views of great proprie- and unequivocal manifestation of the sense tors through whose influence they have been of the Profession. It is not to disparage returned; and others represent-faithfully them to say, that in this instance they reit may be the prevailing views of those by quire the " pressure from without." whom they are elected. We are aware that Believing that the presence of even one it has been the fashion for a particular member in the House of Commons elected party, and to serve a temporary purpose, to by the direct suffrages of the barristers and exaggerate the influence of lawyers in Par- solicitors of England and Wales, would be liament; but, so little are the lawyers in attended with incalculable advantage to the the House of Commons identified with the public, no less than to the Profession, we Profession, that if any measure was deemed have ventured to call attention to the subdesirable which especially affected the in- ject, as eminently deserving of immediate terests of the Legal Profession, it would be consideration. If the suggestion is worthy more difficult to find a legal than a lay of adoption and capable of realisation, no member to whom it could be entrusted. time should be lost in organising the strength of the Profession. Parliament is expected to meet for the despatch of business early in February. The New Reform Bill will, no doubt, be announced in the Speech from the Throne, and introduced at an early period of the Session by the Government in the House of Commons. With energy and resolution much may be done in the interval. The Provincial Law Societies number amongst their members some of the ablest men of business of the kingdom. Through the instrumentality of these societies, the opinion of the Profession in the country can be readily ascertained, and the means of giving practical effect to that opinion pointed The political excitement preceding and out. In the metropolis, still greater faciliattending the passing of the Act of 1832, ties exist for collecting the sentiments. accounts for, though, it does not perhaps of those whose co-operation would be injustify, the exclusion from legislative con- dispensable, if the plan is to be seriously sideration of the claims of the Inns of Court pressed upon the attention of the Governto be represented, at the time when the ment and the Legislature. Without under Metropolitan Boroughs were constituted. rating the difficulties to be overcome, or The subject is now approached in a calmer disregarding the opposition to be encoumand a more promising spirit. Less conflict tered, we submit the project to our readers, of opinion prevails as to the defects of the to determine whether it is feasible and representative system, and the measure would justify a concerted effort. about to be introduced is not as yet, and it If the Inns of Court, which constitute in may be hoped will not, be regarded as the fact, thongh not in name, a legal University, The privilege enjoyed by the Universities of Oxford, Cambridge, and Dublin, respectively, of sending Members to Parliament, and the manner in which that privilege has been exercised, furnishes a strong argument in support of the proposition, that the Inns of Court and Chancery should also be represented. Although many members of the Legal Profession have graduated at the University, to have taken a degree is not a necessary qualification for either branch of the Profession, and in point of fact a comparatively small proportion of either barristers or solicitors are entitled to vote at the University elections. The New Reform Bill-Administration of Justice. 119 were placed on a similar footing, as regards a merciful consideration, readily satisfied us parliamentary representation, with the other that the sentence, severe as it might appear, great Universities, it may not be certain was intended equally for the benefit of the that we should always send to the House of offender and the protection of the Public. Commons the ablest, the wisest, or the best We have, however, made it our business to man; but the Public would at least have inquire into the facts and circumstances of the assurance that the suffrages of such a the case, and are glad to find in the columns constituency would be freely and independ- of a local paper, the Hull Advertiser, a ently exercised. The purse of the million- complete vindication of the whole of Mr. aire, the authority of the landed proprietor, Warren's conduct. It appears that the and the power of the Government, would be prisoner in question had been thrice previvainly exerted to control this body of elec-ously convicted of felonies, but sentenced tors. The honour of representing the Inns only to short imprisonments, and that the of Court might be expected to satisfy ordi- last offence was of a more flagrant characnary ambition, and a knowledge that such ter than any of the former. It was, of a distinction was attainable could hardly fail course, desirable to sever this young ofto operate as a salutary incentive to minds fender from his bad associates, and, it posof the highest order. The profession in its sible, to teach him some industrious trade. integrity would have what it has long re- To effect this object, not less than 18 quired-an organ in the Legislature--and months would be sufficient. We fear that the fault would be our own if we were not the mitigation of the sentence will return efficiently as well as faithfully represented. him but little improved in his moral condition. The extent of the corporal punishment would, of course, be regulated by his conduct; but now the terror of the whip is at an end, the remainder of the six months ADMINISTRATION OF JUSTICE. COMPLAINT AGAINST MR. WARREN, Q. C., will soon pass away, and none can tell the 66 THE RECORDER OF HULL. "CENSURE is the tax a man pays for resuit. tation: "To the Editor of the Hull Advertiser. "SIR,-It is proper to rectify certain misapprehensions concerning the administration of justice in this borough at Quarter Sessions, which have been occasioned by a letter pub lished in the Eastern Counties' Herald of Thurs day last, alleged to have been sent to the Setherefore I think it my duty as clerk of the cretary of State for the Home Department, and peace to trouble you with the following observations. The letter above alluded to contains several grave errors. From the Hull Advertiser we extract the being eminent." The Judges of our Su- following Letter of the Clerk of the Peace, perior Courts have not unfrequently been which fully refutes every part of the imputhe objects of severe attack in the public journals. It is not marvellous, therefore, that a person so celebrated as Mr. Warren should be occasionally visited with animadversion. It appears that, out of the large number of 230 prisoners tried before the learned Recorder, eight have been ordered to be whipped, and one in particular, a youth of the age of 15, at the last Sessions, was sentenced to 18 months' imprisonment, and during that period to be whipped four times. Thereupon a violent and outrageous article appeared in the Eastern Counties' Herald, against such supposed undue severity, and one of the sapient inhabitants of Hull thought proper to transmit the paper to the Home Secretary. The charge thus rested upon anonymous information. Representations, we understand, were also made of the ill state of health of the culprit, and good nature (not to say the inclination to popularity) induced the noble Lord to reduce the imprisonment to six months, and to remit the "remainder" of the whipping, -of which however none had been inflicted, Our knowledge of the abundant kindliness of disposition of Mr. Warren, and the sympathy which he would feel towards any juvenile offender whose case really deserved First-The case of William Cooper Robinson is alleged to be a particularly striking instance of the inequality of the Recorder's sentences,' as that prisoner, convicted of attempting to obtain 1,000l. by false pretences, was only sentenced to 18 months' imprisonment, without hard labour.' This was a common law misdemeanor, and the Recorder had no power by law either to transport or impose hard labour, and, in sentencing the prisoner, expressed his regret that such was the case, and in very severe terms commented on the offence as grievously aggravated by the station and promonths' imprisonment inflicted on a man of fession of the prisoner. The sentence of 18 education and a solicitor, and in the gaol of his own town, was ruinous. He said on quitting the dock that he would rather have been trans |