« EelmineJätka »
Counties and Boroughs Police Bill-As Amended in Committee.
H. BELLENDEN KER. (L.s.) been made to the justices of any county in or March 5, 1856.
adjoining to which such borough is situate, to
consolidate the police of such county and COUNTIES AND BOROUGHS borough in the manner provided by the 14th POLICE BILL.
section of the 3 & 4 Vict., and that such consolidation has not been effected, it shall be
lawful for such Principal Secretary of State to AS AMENDED IN COMMITTEE.
inquire into the terms of consolidation pro1. In every county in which a constabulary posed, and to report thereon to her Majesty in has not been already established for the whole Council; and it shall be lawful for her Majesty, of such county under the 2 & 3 Vict. c. 93; with the advice of her Privy Council, to fix the and the 3 & 4 Vict. c. 88, the justices of such terms and conditions and date upon and from County at the General or Quarter Sessions which such consolidation shall take effect, and holden next after the day of 1856,
thereupon the provisions of such last-mentionshall proceed to establish a sufficient police ed Act shall become applicable as if such conforce for the whole of such county, or where a solidation had been effected by an agreement constabulary is already established in part of made under the said section, save so far as such county, then for the residue of such such provisions relate to the determination of county, and for that purpose shall declare the such agreement; and it shall be lawful for her number of constables they propose should be Majesty, with the advice of her Privy Council, appointed, and the rates of pay which it would at any time and from time to time to vary the be expedient to pay to the chief and other terms of any such consolidation, or at any constables, and shall report such their proceed time to determine such consolidation upon ings to one of her Majesty's Principal Secre- such terms as to her Majesty in Council may taries of State; and upon the receipt from the
seem just. Secretary of state of such rules as are mention.
4. The constables of every county appointed ed in section 3 of the 3 & 4 Vict. c. 88, all the under the 2 & 3 and 3 & 4 Vict., or this Act, provisions of the 2.83 Vict. and 38 4 Vict. shall have, in every borough situate wholly or shall take effect and õe applicable in relation to in part within' such county, or within any such county, in like manner as by the said Acts county or part of a county in which they have provided, upon the adoption of such Acts for authority, all such powers and privileges and any county by the justices thereof, and the re- be liable to all such duties and responsibilities ceipt of such rules as aforesaid from the Secre- as the constables appointed for such borough tary of State, subject, nevertheless, to the amendo have and are liable to within any such county, ments contained in this Act.'
and shall obey all such lawful commands as 2. In case it be made to appear to her Ma- they may from time to time receive from any jesty in Council, upon the representation of one of the justices of the peace having jurisdiction of her Majesty's Principal Secretaries of State, within any such borough in which they shall that a distinction should be made in the num- be called on to act as constables, for conductber of constables to be appointed to keep the ing themselves in the execution of their office. peace in different parts of the same county, it 5. The constables acting under the 2 & 3 shall be lawful for her Majesty, by the advice and 3 & 4 Vict. and 5 & 6 Wm. 4, and this of her Privy Council, to order and require the Act, shall, in addition to their ordinary duties, justices of such county to exercise the powers perform all such duties connected with the given by the 3 & 4 Vict, for the division of police in their respective counties or boroughs such county into police districts; and the said as the justices in general or quarter sessions justices shall thereupon, in manner directed assembled, or the watch committees of such by such Act, and subject to such approval as respective counties or boroughs, from time to therein mentioned, divide such county into time direct and require. such police districts as shall appear to them most convenient, and declare the number of acting under the Acts 2 & 3 Vict. and 3 & 4
6. It shall not be lawful for any constable constables which ought to be appointed for Vict. and 5 & 6 Wm. 4, and this Act, to reeach police district ; and the extent of such ceive to his own use any fee for the performdistricts, and the number of constables ap- ance of any act done by him in the execution pointed for each, may be altered as in the of his duty as such constable ; but this enactsaid Act provided; and the expenses to be de- ment shall not extend to prevent the receipt frayed by each such police dietrics shall be by any such constable of any fee or other pay. ascertained in the manner provided by the said ment legally payable which he may be liable to
The passages in Italies are new, and are account for and pay over to the treasurer of the substituted for a provision in the former Bill county or borough, or otherwise for the use of which required the approval of the Secretary the county or borough.” of State on the appointment of the chief constable.
2 This clause is new.
Counties and Boroughs. Police Bill.-Law Studies at Oxford.
441 7. Borough constables disqualified from or this Act, the population of which borough voting at elections for Members of Parliament, according to the last Parliamentary enumeraand subjected to a penalty of 201. for interfer- tion for the time being does not exceed 5,000. ing in the election.
13. No agreement made under the 14th sec8. Power to grant superannuations to chief tion of the 3 & 4 Vict, shall be put an end to constables.
without the sanction of one of her Majesty's 9. The chief constable of every county and principal Secretaries of State. the watch committee of every borough shall, in 14. The 24th section of the 3 & 4 Vict. c. the month of January in every year, transmit 88, shall be repealed. to one of her Majesty's principal Secretaries of 15. Interpretation of terms. State a statement for the year ending the 31st 16. Act to be construed with 2 & 3 Vict. c. day of December then last, of the number of 93, and 3 & 4 Vict. c. 88. offences reported to the police within such county 17. Act not to extend to Metropolitan Police or borough respectively, the number of persons District or City of London. apprehended by the police, the nalure of the charges against them, the result of the proceed
LAW STUDIES AT OXFORD. ings taken thereupon, and any other particulars relating to the state of crime within such county or borough which such chief constable or watch We wish to call the attention of our committee may think it material to furnish.
readers to a pamphlet by Dr. Trarers Twiss, 10. It shall be lawful for her Majesty, by published in the form of " A Letter to the warrant under her Royal Sign Manual, to ap- Vice-Chancellor of the University of Oxford point during her Majesty's pleasure three sons as inspectors under this Act, to visit and on the Law Studies of the University.” 1 inquire into the state and efficiency of the The learned Author is Regius Professor of police appointed for every county and borough, Civil Law in the University; and considerand whether the provisions of the Acts under ing the various movements in regard to the which such police are appointed, and the rules legal education of both branches of the Profor their government made by one of her Ma: fession, we think this appeal to the Unijesty's principal Secretaries of State, are duly observed and carried into effect, and also into versity authorities is particularly well-timed, the state of the police stations, charge rooms,
Dr. Twiss observes thatcells, or lock-ups, or other premises occupied “The discouragement, which the study of for the use of such police; and each of the the Civil Law has undergone from its depressed inspectors so appointed shall report upon all state as a Faculty within the University, has such matters to one of her Majesty's principal been enhanced by the disfavour with which it Secretaries of State, who shall cause such re- was viewed in Westminster Hall in the long ports to be laid before Parliament; and such interval between Lord Coke and Lord Mansinspectors shall be paid, out of such money as field. Lord Coke, of whom I should wish to may be provided by Parliament for the pur- speak with the highest respect, conceived that pose, such salaries and allowances as shall be many principles of the Civil Law were opposed determined by the Commissioners of her Ma- to the spirit of the Common Law of England; jesty's Treasury.
and I fear it may be said without undue disii. Upon the certificate of one of her Ma- paragement of that great Judge, that his zeal jesty's principal Secretaries of State, that the for the liberties of the subject led him to unpolíce of any county or borough established dervalue the jurisprudence of Rome, and that under the provisions of the said Acts and this his authority entailed upon his successors, with Act, or any of them, has been maintained in a few exceptions, until Lord Mansfield's time, a state of efficiency in point of numbers and dis- traditional jealousy of the Civil Law, which cipline for the year then last past, and that the was calculated to deter the members of the rules and regulations made for the government English Bar from its study, and was prejudicial thereof hy one of her Majesty's principal Se. to the advancement of English jurisprudence. cretaries of State bave been duly observed, it Since Lord Mansfield's time more enlarged and shall be lawful for the Commissioners of her more sagacious views have gradually infused Majesty's Treasury to pay from time to time, themselves into the minds of the Profession, out of the moneys provided by Parliament for and at the present day, there is a disposition to the purpose, such sum towards the expenses think that in a good course of legal study the of such police as shall not exceed one-fourth of Institutes' of Justinian may safely take prethe charge for their pay and clothing, certified cedence of the Institutes’ of Lord Coke, and as aforesaid; but such payment shall not ex: that the · Pandects' are a repository of sound tend to any additional coustables appointed legal principles applied to private rights and under the 19th section of the 3 & 4 Vict. c. 88. obligations, 10 which we may wisely have re
12. But no such sum as aforesaid shall be course, when the venerable Year-Books do not paid towards the pay and clothing of the police come to our aid. of any borough, not being consolidated with “ In addition to this, her Majesty's Commisthe police for a county under the 3 & 4 Vict. sioners appointed to inquire into the arrange
in Italics are new.
Longman & Co., 1856.
Law Studies at Oxford. ments of the Inns of Court and Inns of Chan-¡ her Majesty's Commissioners by two eminent cery for promoting the Study of Law and Ju- members of the present Hebdomadal Council, risprudence, have reported in favour of a more to wit, Professor Price of Pembroke College, scientific preparation for the profession of the and Dr. Scott, now Master of Balliol College. Bar than can be obtained under the present The portions of the evidence of these gentlesystem of practical study in a barrister's cham- men, which the Commissioners have einbodied ber, and have suggested that the Universities in their Report, are as follows. may co-operate more effectually in advancing “Mr. Price observes, 'As the Professors legal education by a sound and liberal training would be, it is hoped, some of the most emi. for the students intending afterwards to enter nent men in their respective departments, it upon the profession of the Law, limited in re- would be injurious to them that their time spect to that study to general principles, than should be wholly employed in giving lectures by increasing the amount of special instruc- in the elements of their learning, as well as the tion which the Inns of Court should properly higher parts, to the younger students; they supply."
ought, therefore, to have leisure for pursuing Referring to the evidence of Mr. Lowe, bounds of their sciences, being, as it is pre
their respective studies, and for enlarging the the Vice-President of the Board of Trade, sumed, persons capable of doing so; but itasgiven before the Inns of Court Commis- much as the students have also a claim on the sioners, the Author, in reference to the University for instruction, and as it ought to establishment of a “Law University” in give that teaching which is now derived from London-or as Dr. Twiss would rightly, we private tutors, it seems desirable that, when it think, prefer it to be denominated a Faculty is necessary, there should be public teachers of Law-observes, that he cordially concurs
of a different kind to the Professors, who with Mr. Lowe that "Legal Education is a it should be especially to give lectures to stu
might be called Public Lecturers, whose duty much larger question than the education of dents. This I conceive to be a matter of the the Bar, or even of the Bench ;” and he utmost importance for the efficiency of the gives praise to the University of Oxford for system.' establishing a School of Jurisprudence and “ Dr. Scott, on the cther hand, enforces the Modern History as a department of the same view by the example of Foreign Unifinal examination for the first Degree in versities :- The Ordinary Professor (to use Arts; and he thus describes its
the Continental phrase) in any department,
progress and points out the course yet remaining for might avail himself of the services of Ertra
ordinary Professors or Lecturers among the adoption :
fellows of colleges. The class which nor fur“The School of Law and History has now nishes private tutors, would thus have a work, been established six years, yet the University perhaps less lucrative, but more interesting, has made no provision whatever for giving in and reflecting more credit on themselves, and struction to the undergraduates, either in Mu- they would be trained for the University and nicipal, or in Civil, or in International Law. College duties to which they might afterwards Lectureships in Law and History have indeed succeed. Such co-operation of several Lecbeen established in four or five of the colleges. turers, under the direction of one responsible I can speak myself for University College, Ordinary Professor of the Faculty, would prowhich in this respect has not forgotten her bably work better than the establishment of ancient traditions ; but the University itself co-ordinate and perhaps rival Professors. At has not in any way come to the aid of the least, on the Continent the rivalry of Profescandidates who elect to proceed in the School sors is sometimes found to lead to illiberal of Law and History; and the recent ordi- competition. It would also require a smaller nance, which precludes them from becom- fund for their income, and it would create a ing Students in Civil Law before their final body of competent candidates in each Faculty, examination in the School of Arts, withdraws from which the successors to vacant Profesthem from the superintendence of the Regius sorships might be selected with less mistake Professor of Civil Law. Yet the Report of the wherever the patronage might be."" Oxford University Commissioners has pointed out a very simple course for giving aid io such to the rejection of a proposition to establish
Farther, the learned writer, in reference students, which has both the recommendation of the experience of Continental Universities, a Readership in Civil Law and another in where the teaching is mainly carried on under Common Law, remarks that the “Congrethe Professorial system, and is countenanced gation” formed only a thin House of less by a distinguished example in Oxford itself than thirty Masters; and thatsupplied by the Regius Professor of Hebrew. The scheme of establishing Assistant Profes- "Many members of the University objected, sors or Lecturers, to which I am about to on constitutional grounds, to such a measure allude, as a grade of instructors subordinate to being brought forward in the form of a decree the Professors, was strenuously urged upon
instead of a statute : for my own part, I con
sider that it was objectionable on other subSee Report, p. 135.
stantial grounds. The University ought to
Law Studies at Oxford.-Law of Attorneys and Solicitors.
443 legislate for the Law Studies with a complete dent of Law, yet pure Dialectic is at the very and comprehensive scheme before it, and foundation of sound pleading. Lord Mansshould not be called upon to pass fragmentary field has observed that the substantial rules measures, under which no provision is made of special pleading are founded on strong to secure the co-operation of the body of sense and the soundest and closest logic, and Teachers in Law under the direction of one so appear when well understood and explained, responsible Professor of the Faculty, or under though by being misunderstood and misapthe supervision of a Board of Legal Studies. plied, they are often made use of as instruThis latter arrangement has been suggested ments of chicane.' Sir W. Jones, in his preby the Regius Professor of Civil Law in the face to the Orations of Isæus, has advocated University of Cambridge, in his evidence before the same view:-Our science of special pleadher Majesty's Commissioners for inquiring ing is an excellent logic; it is admirably calinto the studies of that University.
culated for the purpose of analysing a cause, .“ It was proposed by the decree, which was of extracting, like the roots of an equation, rejected last Term, to attach to the Readership the true points in dispute, and referring them, of Civil Law a stipend from the University with all imaginable simplicity, to the Court or chest of 300l. per anmum, and an equal stipend the Jury. It is reducible to the strictest rules was to be assigned to the Reader in Common of pure Dialectic, and if it were scientifically Law, and as these Readers would have occu- taught in our public seminaries of learning, it pied the places and fulfilled the duties of As- would fix the attention, give a habit of reasonsistant Lecturers in Law by the side of the ing closely, quicken the apprehension, and inRegius Professor of Civil Law and of the Vi- vigorate the understanding, as effectually as nerian Professor of Common Law, these mo. the famed Peripatetic system, which, however derate stipends, coupled with the prospect of ingenious and subtle soever, is not so honoureventual promotion to one or other of the able, so laudable, or so profitable, as the science Professorships, might perhaps have sufficed to in which Littleton exhorts his sons to employ retain competent instructors in the elements of their courage and care.' Civil and Common Law for the candidates in “I venture to suggest to your attention that the Law and History School. The Professors instruction in Dialectic is one of the most vawould, under this arrangement, have taken the luable elements of a solid preparation for the higher branches of Law in accordance with the scientific study of Law. Sound pleading is, in view of her Majesty's Commissioners, and Ox- fact, the keystone of the arch on which the ford might have again numbered amongst her certainty of remedy for wrong and the attainProfessors a Blackstone and a Stowell, who ment of substantial justice rests, and if the should be worthy compeers of the great jurists foundations are not well laid, the superstrucof the United States of America. Let it be ture cannot stand. No provision, I may furborne in mind that the Commentaries of ther observe, is made for any public instruction Chancellor Kent on American Law are the in the elements of Ecclesiastical Law, yet Oxfruit of his appointment to the Chair of Law ford is daily sending forth her sons as ministers in Columbia College, and that Mr. Justice of the Church to our colonies, where such eleStory, whose name may serve to call back to mentary knowledge would be most valuable, the University the memory of her earliest Re- and where no ecclesiastical lawyers are at hand gius Professor of Civil Law, has immortalised to supply by their counsel the want of such the Dane Professorship of Law in Harvard knowledge.' University by a series of works, delivered in the form of lectures from that Chair, which We trust that the remonstrances containhave placed him in the first rank of the Jurists ed in this letter to the Vice-Chancellor will of either Hemisphere. The founder of the have the effect of improving the “ Law Harvard University received his education in Studies of the University," of extending one of the ancient Universities of England, the means of legal education, and welland carried away with him, more than a century ago, traditions which have been engrafted preparing the University Student for that on his institution, and which are likely to bear position which he may be destined to take fruit of a stronger and richer quality than the amongst the eminent members of our noble parent stock seems able to produce."
Profession. The following eulogia on the principles of special pleading, however true, will LAW OF ATTORNEYS AND SOscarcely find favour in these degenerate
LICITORS. days :
"No provision is proposed to be made by COSTS ON NEGLECT OF SOLICITOR TO the University to furnish any public instruc- PROCEED WITH REFERENCE BEFORE tion in International Law, yet International MASTER. Law is one of the subjects of examination for classmen in the School of Law and History.
The plaintiff in a suit employed Mr. No provision is proposed to be made to supply Stainthorpe, a country Solicitor, whose a good course of Dialectic for the future stu- town agent was Mr. Wright, and it appear
Law of Attorneys and Solicitors.-Law of Costs.--Doubts on the Stamp Laws. ed that the former died in December, 1853,
LAW OF COSTS. and that the latter had since acted as plaintiff's Solicitor in the suit. During the years
OF INTERPLEADER SUIT AFTER NOTICE 1853 and 1854 the plaintiff had freqnently
WITHDRAWING CLAIMS. complained to Mr. Wright of the delay in After the institution of an interpleader the prosecution of an order of reference to suit by an insurance company in respect of the the Master, in July, 1852, and Mr. Wright money due on a life policy, the several claim. alleged various reasons by way of excuse, ants withdrew their claims by notices to the At one time he alleged he had not received offices, but the company nevertheless served a a satisfactory answer from Mr. Stainthorpe, subpæna to hear judgment and brought the at another that he could not procure an appointment with the Master; and again that cause to a hearing. the Master refused to order a sale of the
The Master of the Rolls said :-"la interproperty till a future time when he consi- pleader suits, the usual practice is for the dered it would realise a larger price ; but he plaintiff to obtain the costs out of the fund, promised to expedite the business as much and the contest between the two defendants is as possible. At last, on July 12, 1854, the then put in a course of investigation, and the plaintiff wrote to Mr. Wright requesting an one in the wrong ultimately pays the costs. It explanation of the delay, and expressing his is quite a modern practice to bring a bill of determination to have the suit brought to a interpleader to a hearing. close, or to know why it could not be so
“I am of opinion that the plaintiff ought not brought; and having received no answer
to have proceeded after he had notice that he employed another Solicitor, between
Paddon had abandoned his claim. I am at a whom and Mr. Wright several interviews took place in the months of July, August, loss to conceive why Paddon was served with October, and November, but without any a subpæna to hear judgment. I think the satisfactory result, and he then changed costs occasioned thereby must be paid by the his solicitor. The Master had reported plaintiff. As to the other costs, an application under the provisions of the 15 & 16 Vict. ought to have been made by the plaintiff to c: 80, that he was unable to proceed with stay the proceedings, and I cannot allow him the reference by reason of the neglect of the any costs incurred after notice of withdrawal parties to attend his summons.
of the adverse claims.” Symes v. Magnay, 20 The Master of the Rolls said, he was satis- Beav. 47. fied that there was gross neglect on the part of the Solicitor in proceeding with the suit, and
DOUBTS ON THE STAMP LAWS. that the explanations offered afforded no sufficient excuse for his conduct, which could not be permitted to operate to the prejudice of his SINGULAR CASE AND OPINION. client. He said he would consult the Judges of the other branches of the Court as to the
A question having arisen in the Court of order to be made upon that part of the motion Queen’s Bench as to the sufficiency of the which related to the prosecution of the Order stamp duty on a bill of sale, in an action under of July 14, 1852, in Chambers; but in the the Interpleader Act, a case was laid before meantime his opinion was that the Solicitor Counsel for his opinion, and which afterwards must pay the costs of the Master's report, and
occasioned the subsequent proceedings thereon, together
an alteration in the Law by the with those of this application, and the order to last Common Law Procedure Act, 17 & 18 be made thereon.
Vict. c. 125, s. 28. The following is a copy of The Master of the Rolls subsequently said, the bill of sale and of the Counsel's opinion. he had not had time to consult the Judges, The latter contains as much literary as legal but he had seen the Master on the subject, information, and will be somewhat refreshing and the result was that he would direct a re- in comparison with the generally dry reading ference to Chambers, and the order to be pro- of the Profession. We are indebted for the secuted there before the chief clerk. And the plaintiff undertaking not to bring any action contribution to Mr. Tanswell, of the Temple, against his late Solicitor, Mr. Wright, in re- the Solicitor in the case :spect of his conduct of the suit, Mr. Wright This Indenture made the işth day of Feb., must pay to the plaintiff and the defendants 1850, between A. B. of &c., on the one part, their costs of and incident to the Master's cer- and C. D., &c., of the other part. Whereas tificate and also of this application. Ridley v. the said A. B. stands indebted to the said C.D., Tiplady, 20 Beav. 44.
in the sum of 1001, for money advanced and expended in fitting up and partly furnishing