288 Election of Lawyers for the next Parliament.Criminal Law. have been severally removed; and the expense of maintaining any such person in the prison to which he shall be removed under this act, and any other additional expense incurred in such prison by such removal and confinement, shall be defrayed in like manner as the expense of maintaining any such person in any place of confinement appointed under the first-recited act. ELECTION OF LAWYERS FOR CRIMINAL LAW. SECONDARY bam PUNISHMENTO 2541 To the Editor of the Legal Observer. CULTIVATION OF WASTE LAND. IN As an adjunct to what had been proposed in my last letter for reaping the harvest of the seas by convicts transported to vessels posted for the purpose, we may now turn to the no less certain and more needful supplies from the soil in the cultivation of waste lands, which are to be found in great abundance in every quarter of NEW candidates from the ranks of the with such difficulty and expense, that it certhe empire. This would be attended, however, profession are coming forward. "Another and another still succeeds." · Mr. Humfrey, Q. C., of the Midland Circuit, will be proposed for the Borough of Cambridge, on the Conservative interest. This gentleman is a bencher of Lincoln's Inn, and was called to the bar in June, 1823. tainly does not seem to be practicable during their state of punishment and probation. Divide et impera does not apply here as it does on board a ship. But though it could not safely or economically be undertaken by the convicts, the same objection would not hold as their punishment, and were to all appearance it regarded those who had passed the ordeal of desirous of flying from, instead of into, crime Mr. Bethell, Q. C., is a candidate for again for a maintenance. When discharged Frome, a small constituency, represented and put in possession of their little capital since 1832 by Mr. Sheppard, a Con- gained by them and set apart for the purpose of servative, formerly a merchant. Mr. their outfit, to such men it might, and probably Bethell is a bencher of the Middle Temple, would, be the most acceptable mode to apply and was called to the bar in November, wastes. As this subject differs so entirely from it and their labour upon the cultivation of the 1823. He has the largest practice in the that of the fisheries, both as to material and the court of the Vice-Chancellor of England, application of labour, a more particular stateto whose kindness he is indebted for an ment will be requisite the more readily to em adjournment of the court for two days, to brace it. Though it cannot be considered at enable him personally to conduct his all less practicable or beneficial, nor in the end canvass, and sue for the sweet voices » less secure, yet it is to be carried out by difof the electors, a useful lesson of urbanity, to the recommendation of such measure is, the ferent means. What leads me very earnestly According to the arrangement amongst proved fact of its most salutary influence in the liberal candidates for the borough of what is properly called the allotment system. Marylebone, Serjeant Shee retires, and This system is simply the letting to a labourer Mr. Whittle Harvey will go to the poll such a small plot of land as he can cultivate by under very favourable auspices. himself and family without interfering with his Mr. Charles Pearson is well sup- equal to that of the general farmer, and no accustomed labour. For this he pays a rent ported in the borough of Lambeth, to more, except what may suffice for a like propor every elector of which, being upwards of tion of rates and taxes. A quarter of an acre is 13,000, he has distributed an able address. the general average that has best answered the Sir Fitzroy Kelly, it seems, has trans- purpose. This, well cultivated by the spade, ferred his regards from Cambridge to Lyme Regis. Mr. Freshfield is proceeding, under most promising circumstances, in the city of London, where, along with many other classes of electors, he receives the support of a large number of solicitors. He will, doubtless, bestow his best attention on the griev ances which they seek to redress, in relation, not only to their own just interests, but the due administration of the laws, and their wise and careful amendment. Mr. Bremridge, the Coroner for Devon shire, is likely to be returned for the borough of Barnstaple, where he practises with great credit as a solicitor. You c yields the small tenant about 51. a year în the value of his produce in feeding his family and his pig. The salutary effects of this system dence to admit of doubt, and, quoting from the are too well established upon the very best eviLabourers' Friend Society's records, the fol lowing examples are given as particularly ap plicable to the present purpose. It demonstrates the value of the system in preventing crime, and also in restoring the criminal again to an honest position in society: is furnished contains about 2,000 inhabitants; "The parish from which the following report and previous to 1834, when the allotments were first granted, the apprehensions for different offences against the laws amounted to 34 in one year, and in the years 1840, 1, 2, and 3, there was not one. The names of the following re formed characters have been furnished, but for Now, then, as to the eventual risks likely obvious reasons we suppress them and give to attend the measure; for land would numbers only. have to be taken or purchased at least "No. 1 in 1834, for committed to the county prison sufficient for the first operation. Assuming or Housebreaking. "He had an allot- the number of 500 discharged convicts without ment of land in 1837, and received a prize the other means of immediate employment, save on second year for general good conduct. P the land to be so let to them, 1,000 acres at No. 2 was committed in 1832, (with an- least would be the amount needed for the purother,) for sheep stealing, and attempting or pose. The rent being that of the general proposing to murder the watchman; being farmer, say at one pound an acre, what secufound guilty, he was imprisoned, and his ac- rity would there be for the payment of 21. per complice was transported for life. He was ad- annum for two acres from each tenant? Purmitted a tenant in 1836, and has since con- suing the necessary course that each must take ducted himself with propriety, and is regular in in the cultivation of his farm by the spade, he his attendance at one of the chapels in the will within the first few months, in the digging parish. and cropping of his farm, have made it equal "No. 3 was committed in 1832 for highway in value to the rent, so that if he could go no robbery, and at the same time was suspected further, the most improbable thing that can be, of passing counterfeit coin. The prosecutor, the rent would be secured, and the further he from some cause, was prevented from appearing went on, the better also would be the security against him, consequently he was acquitted. in the land itself; that the risk would be graHe had an allotment granted to him in 1836. The first year he received a prize of 21. for good conduct; the second year one pound; the third year he received a certificate of the entire approbation of the committee; and the fourth year one pound. He has now removed from the village, and placed by the liberality of a neigh bouring gentleman in a comfortable cottage to which is attached two acres and a half at a very moderate rent, 1 1 dually lessening as the benefits were gradually extending. But as the tenant would have earned a little money to start with, the greater, therefore, the probability that no difficulty whatever would exist in this respect. The examples are taken in the strongest way against the experiment, and prove in truth that there is no risk in it. If the allotment farms were established near the curing stations, they would to a con"No. 4 was sent to the treadmill for a short siderable extent benefit each other; the refuse period for disorderly conduct. He had two of the latter being taken off to enrich the soil roods of land allotted to him early in 1839, of the other, and so increase its produce. The and since that time has given no cause what produce of the former again, thus increased, ever for complaint, nemo 10 995519019 4' dis furnishing a portion of the food to the inmates No. 5 was sentenced to three months im- of the curing house. The reciprocal advanprisonment in 1834, for felony. He had an al tages are indisputable, and they equally tend Totment granted him in 1838, and since that to the restoration and advancement of chatime he has conducted himself with much pro- racter, so that by slow but secure steps and depriety. zrogong et tedgrees the mass of crime is transformed into "No. 6 was committed to prison for a short one of productive industry and contentment. period in 1833. In 1838 he had an allotment We may now return to the common question of land, and is now a very honest and indus of profit and loss in the whole of the proposed trious character." measure. If it were clearly shown that, the The extracts go on to twelve cases, and all saving hence arising will be very considerable, are in like manner favourable to the reformation then all doubt or hesitation ought consequently of the parties, and their entire restoration to all to cease, and the readiest and easiest means the advantages of civil society. Such proofs of adopted to carry the plan into operation. Tak the beneficial tendency of the allotment system ing the sum of 150,000l., then, as the amount are beyond all arguments to satisfy every un- now annually spent in imprisonment only and prejudiced mind. The matter is simply here punishment on board the hulks at home, then how best to practise it in regard to convicts let us see how this could be best applied to the after their period of punishment is ended. On fisheries. 100 or 150 vessels fitted up for the the plan before stated in my former letter of deep-sea fisheries on the west coast of Ireland the discipline and constant and beneficial em would require one-third or more of the afore ployment of them, it may be fairly presumed said capital, as it may be called, when thus apthat their past correction will have fitted them plied. But the expenditure does not occur admirably for beginning a more advantageous again for many years, and in the meanwhile it and entirely independent course on their own provides the means for repayment from the account. For such, however, a larger farm profits of the undertaking. In this there is a than a quarter of an acre would be needed, as striking improvement over the present mode of their whole livelihood would be probably thence expenditure of the same amount. Now, then, derived. In all cases then where parties are a certain portion of clothing is to be provided not engaged in labour for others, from one to for 4,000 persons, and the whole of their daily two, or even three acres, would not be too maintenance. Assuming the sum of 15% a much. The proportion could very easily be year for each, this would require 60,0001, more, adjusted according to circumstances, and vary- Such outlay will always under a circum ing with them. any 0 5 290 Criminal Law.-Secondary Punishment.-Contentions at the Chancery Bar. opponent, but they were always administered without acrimony, and led to no breach of legal friendship. stances occur. We have still left the sum of kingdom. Advocates whose nerves were 40,000l. or 30,000l. to be applied in the erection not strong enough to endure the turmoil of the curing department, and in the taking or and contention of the common law bar, or purchasing of waste land for allotments. Divid- the animated conflicts of a nisi prius or ing this latter sum, it will probably suffice for both purposes, but cannot occur again to the assize court, and who shrunk from the like extent; on the contrary, it bears the cha- angry disputes at the Old Bailey, deemed racter of an investment of so much that could their feelings safe from outrage, and their scarcely be more profitably made. In the temper from irritation, in the presence of second year, with the same income, we should the judges of the High Court of Chancery. require not a great deal more than 60,000l. to There might be an occasional sarcasm from be expended in maintenance, thus saving the a Heald or a Sugden, an elaborate joke remainder for other purposes as may be refrom a Wetherall, or a flash of wit from a quired. As an increase may arise in crime, so would there thus be the increased means of Rose, which might produce a slight demeeting it, though not for vessels to an equal termination of blood to the head of the amount, yet in considerable numbers, till the periods of punishment of many convicts gradually expired. This diminution would go on every year, and make way consequently for a Now, however, it seems that the stormy like portion of fresh criminals. Let us now look to the other side of the account,-the rediscussions, not only of "the other side of turns that may be well expected and relied Westminster Hall," as it used to be called, upon. In the deep-sea fisheries there is but but of the Criminal Courts, where some allittle, if any, variation in the supplies. They lowance may be made for zeal in cases of suffice, as has been seen, to yield 15 per cent. life or death, are transferred to the hitherprofit in the case before quoted. This profit to decorous purlieus of a court of equity, embraces, of course, every outlay of outfit and and in the presence of a judge who, above maintenance of the crews, and also their wages. all others, "bears his high office so Upon this sure footing then, already so clearly proved by actual experiment, is it going too far meekly," and with such unvarying urbanity to assume that the whole of the money requi- to every one." site for maintenance will be returned? that We cannot introduce to our readers "the 60,000l. a year, more or less, will be saved? scene,' as described in the newspapers, beIt seems to follow as a matter of course. But tween Mr. Purton Cooper and Mr. Bethell, we have more, we have returns on the invested Counsel of her Majesty, learned in the law, capital that give an adequate remuneration for but shall extract from the pamphlet of Mr. such investment; so that unless the most gross Cooper his version of the facts, vouched mismanagement takes place, no loss whatever ought to be incurred. I have forborne to go by the authority of several of his brethren: into details, or minutely to carry out further estimates where the ground taken is of a nature so novel and untried. If the general statements are well-founded and near the mark, they will not fail, doubtless, in their respective particulars. It should not, however, prevent the experiment being tried, even if the estimates should exceed the returns, or even come short of the expenditure. The question is this, can 150,000l. a year be better laid out and more to the interest of the country and the reformation of the convicts by the means proposed than by the present mode? Is it better to punish rather than reform them;-to provide unproductive rather than productive labour for them, and afterwards to turn them adrift to commit new crimes and misdemeanors? JOHN ILDERTON BURN. "Early in the morning of Tuesday, the 13th instant, a cause was called on in the ViceChancellor of England's Court. Mr. Bethell was the leading counsel for the plaintiff, and Mr. Cooper was the leading counsel for the defendant. It had been arranged on the preceding day, the cause being one of little importance, but nevertheless, likely to occupy a considerable time, that the junior counsel for the plaintiff should proceed, notwithstanding Mr. Bethell's absence in the House of Lords. On the cause being called on, no counsel appeared for the plaintiff. When the Vice-Chancellor took his seat the junior counsel for the plaintiff had intimated to Mr. Cooper his intention to open the case; but there were cir cumstances which afterwards induced a belief in the mind of Mr. Cooper, and, as the result has shown, a similar belief in the mind of the CONTENTIONS AT THE CHAN- Vice-Chancellor, (although his Honour was CERY BAR. THE Court of Chancery, amidst all the complaints of its procrastinations and tediousness, has enjoyed the reputation of being the most gentlemanly tribunal in the not so fully acquainted with those circumstances,) that in consequence, apparently, of some new pressure from the client, such junior counsel had finally determined, probably with reluctance, to take the chance of the defendant being unable to avail himself of the plaintiff's default, an experiment of late very often, and but too successfully, made. The plaintiff's so Contentions at the Chancery Bar.-New Commission on the Law of Marriage. licitor was present when the cause was called on, and got up and protested generally against any advantage being taken of the absence of counsel; but he did not state that his junior counsel was in the neighbourhood of the court, nor did he intimate that such junior counsel would be prepared to go on in his leader's absence. "Mr. Cooper, therefore, at the instance of the defendant's solicitor, took the usual order dismissing the plaintiff's bill with costs, on production of an affidavit of service of the subpoena to hear judgment. At the like instance of the defendant's solicitor, Mr. Cooper indorsed his brief and delivered it to him. 291 your Honour does not do that now, which I earnestly press you to do, you will be laying down a precedent, if such things are permitted, which will render it a matter for serious consideration whether counsel shall continue to practise in a court which will permit such an advantage to be taken of an accident.' Mr. Bethell then said, that a representation made by Mr. Cooper to the court was false.' Mr. Cooper repeated the epithet 'false' several times, noticing with deep regret that it came from a counsel who, in point of business, was at the head of his Honour's court; and he then alluded to the impossibility of his manifesting his sense of the affront in the manner customary "The Vice-Chancellor then proceeded with in past times. Contempt he would not say that the other causes. Subsequently, the plaintiff's he felt. Pity he certainly did feel. His pojunior counsel came into court, but nothing sition both at the bar, and in society happily passed. Afterwards Mr. Bethell unexpectedly rendered what had fallen from Mr. Bethell arrived from the House of Lords. Imme- quite harmless." diately, upon seeing Mr. Bethell enter the court, Mr. Cooper, anticipating the possibility of an application that the cause might be heard, communicated with the defendant's solicitor. Mr. Purton Cooper, in his preface to this statement, observes, that "The conduct of the bar, and especially of The nature of that communication will suf- its leading members, belongs to the public. ficiently appear from what ensues. The an- The only effectual control over such conduct is swer of the defendant's solicitor was at first the opinion of the public. The mode of reverbal, but almost immediately afterwards, dress, to which recourse was formerly had, on written. The verbal answer and the written occasions when language of insult was used, answer were in substance the same. The has become obsolete, and any attempt to revive written answer was as follows:-'If the de- it, and particularly in the legal profession, fendant's consent to the cause being heard by would, without doubt, meet with unsparing and, the Vice-Chancellor is necessary, I can only say perhaps, not unmerited ridicule. that such consent will not be given. The bill But still words spoken in a court of justice, has been dismissed with costs, and the Vice- and by those whose avocation it is to aid largely Chancellor has not, as I conceive, any power to in the administration of justice-words, which, open the matter, and the defendant positively although if the same be true, they dishonour refuses to give any consent.' The words in him to whom they are applied, yet if they are untrue, dishonour no less him by whom they are uttered, ought not to pass unnoticed; and the only notice, which modern usage seems now to permit, is to make those for whose benefit our courts are instituted the arbiters." italics are underlined. "After some other business had been disposed of, Mr. Bethell proceeded to open the cause in question, when Mr. Cooper stated what had passed, viz., that the cause had been called on; that no counsel had appeared for the plaintiff; and that in consequence an order had been made dismissing the bill;-that he had communicated with the defendant's solicitor, who had given an answer (then only a verbal one) to the foregoing effect. "What ensued is here copied and abstracted from notes made by several gentlemen who were present on the occasion:-Mr. Bethell said, that the proceeding of Mr. Cooper was a most disgraceful' proceeding. Upon this, Mr. Cooper, after expressing his surprise and sorrow at the use of the term 'disgraceful,' said, that if his advice had had any influence with the defendant's solicitor, the cause would, by consent, have been again placed in the paper for hearing. Upon the Vice-Chancellor declining to hear the cause, without the consent of the defendant's solicitor, Mr. Bethell said, "I think this is one of the most discreditable acts that was ever witnessed in a court of justice. Mr. Cooper: You use language of this kind so often that nobody pays any regard to it.' With reference to his Honour's refusal to hear the cause, Mr. Bethell said, 'If We have omitted some of Mr. Cooper's observations, which were doubtless written under excitement, and which seem unnecessary to his vindication. NEW COMMISSION ON THE LAW OF THE following is a copy of the Commission issued by her Majesty, to inquire into the State of the Law relating to Marriages in the Queen's dominions and in Foreign Countries. VICTORIA R. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, To the Right Reverend Father in God John Bishop of Lichfield, our right trusty and well-beloved councillors, James Stuart Wortley, Stephen Lushington, Doctor of Civil Law, and Anthony Richard Blake, and our trusty and well-beloved Edward Vaughan 292 New Commission on the Law of Marriage-Orders in Chancery. shall henceforth be, and for all purposes be deemed and taken to be, a general rule and order of the High Court of Chancery, viz. : prosecution, Williams, Knight, and Andrew Rutherfurd, Lord Cottenham, Lord High Chancellor of Esquire, greeting: Whereas an humble ad- Great Britain, by and with the advice and dress has been presented to us by the knights, assistance of the Right Honourable Henry citizens and burgesses, and commissioners of Lord Langdale, Master of the Rolls, and the shires and burghs in parliament assembled, Right Honourable Sir Lancelot Shadwell, Vicehumbly praying, that we would be graciously Chancellor of England, doth hereby in pursupleased to appoint a commission to inquire into ance of an act of parliament passed in the the state and operation of the Law of Marriage, fourth year of the reign of her present Majesty as relating to the prohibited degrees of affinity, intituled, "An Act for facilitating the Adminisand to marriages solemnized abroad, or in the tration of Justice in the Court of Chancery," British colonies: Now, know ye, that we, re- (3 & 4 Vict. c. 94,) and of an act passed in the posing great trust and confidence in your fourth and fifth years of the reign of her knowledge and ability, have authorized and ap- present Majesty, intituled "An Act to amend pointed, and do by these presents authorize an Act of the Fourth Year of the Reign of Her and appoint you, the said John Bishop of Lich- present Majesty, intituled 'An Act for facilitatfield, Jomes Stuart Wortley, Stephen Lushing-ing the Administration of Justice in the. Court ton, Anthony Richard Blake, Sir Edward of Chancery,"" (4 & 5 Vict. c. 52,) and in Vaughan Williams, and Andrew Rutherford, pursuance and execution of all other powers to be our commissioners for the purposes afore- enabling him in that behalf, order and direct, said: And for the better effecting the purposes that the rule and order hereinafter set forth of this our commission, we do by these presents give and grant to you, or any three or more of you, full power and authority to call before you such persons as you shall judge likely to afford The plaintiff is not to obtain an order of you any information upon the subject of this course for leave to amend his bill after a deour commission, and also to call for, have ac- fendant (being entitled to move) has served a cess to, and examine all such books, docu-notice of motion to dismiss the bill for want of ments, registers and records as may afford the fullest information on the subject, and to inquire of and concerning the premises by all other lawful ways and means whatsoever: And we do by these presents will and ordain, that this our commission shall continue in full force and virtue, and that you our said commissioners, or any three or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment: And our further will and pleasure is, that you do, with as little delay as possible, report to us, under your hands and seals, or under the hands and seals of any three or more of you, your several proceedings under and by virtue of this our commission, together with what you shall find touching or concerning the premises: And we further or dain that you, or any three or more of you, may have liberty to report your proceedings under this commission from time to time, should you judge it expedient so to do: And for your assistance in the due execution of these presents, we have made choice of our trusty and well-beloved Herman Merivale, Esquire, to be secretary to this our commission, and to attend you, whose services and assistance we require you to avail yourselves of from time to time as occasion may require. Given at our Court at St. James's, the 28th day of June 1947, in the eleventh year of our reign. By her Majesty's command. ORDERS IN CHANCERY. szit zum nord and AMENDING BILLS. Vodesor 74 boter April 18th, 1847. THE Right Honourable Charles Christopher COTTENHAM, C. ་་ E LANCELOT SHADWELL, V. C. E. TRANSFER OF MASTER LYNCH'S CAUSES. April 21st, 1847). WHEREAS Andrew Henry Lynch, Esq., one of the Masters of the High Court of day of March last, Chancery, did on the 25th resign his office as one of the Masters; and be made for the due dispatch of such causes whereas it is expedient that provision should and matters as stand referred to him; his Lordship doth order that all causes and matters which stand referred to the said Andrew Dowdeswell, Esq., William Wingfield, Esq., Henry Lynch be transferred to John Edmund James William Farrer, Esq., Sir Giffin Wilson, Knight, William Brougham, Esq., Nassau William Senior, Esq., Samuel Duckworth, Esq., Sir William Horne, Knight, Sir George Rose, Knight, and Richard Richards, Esq., some or one of them to be taken by them respectively, in such order as the senior Master of the said court rt shall direct. further order, that the said Masters to whom And his lordship doth such causes and matters shall respectively be assigned do proceed and act therein as the said for that purpose all books, Andrew Henry Lynch was to have done, and papers, deeds, writings, and accounts that concern the causes and other matters which formerly stood referred to the said Andrew Henry Lynch, shall be transferred to the said Masters respectively, to whom the said causes and matters shall be so assigned as aforesaid; and this order is to be drawn up and entered with the registrar of the said court. COTTENHAM, C. |