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Counties and Boroughs Police Bill-As Amended in Committee.
(L.S.) last-mentioned Act, and the police rates assessed and levied therein accordingly.
J. D. FITZGERALD.
E. F. MAITLAND.
H. BELLENDEN KER.
March 5, 1856.
COUNTIES AND BOROUGHS
AS AMENDED IN COMMITTEE.
1. In every county in which a constabulary has not been already established for the whole of such county under the 2 & 3 Vict. c. 93; and the 3 & 4 Vict. c. 88, the justices of such County at the General or Quarter Sessions holden next after the day of 1856, shall proceed to establish a sufficient police force for the whole of such county, or where a constabulary is already established in part of such county, then for the residue of such county, and for that purpose shall declare the number of constables they propose should be appointed, and the rates of pay which it would be expedient to pay to the chief and other constables, and shall report such their proceedings to one of her Majesty's Principal Secretaries of State; and upon the receipt from the Secretary of state of such rules as are mention. ed in section 3 of the 3 & 4 Vict. c. 88, all the provisions of the 2 & 3 Vict. and 3 & 4 Vict. shall take effect and be applicable in relation to such county, in like manner as by the said Acts provided, upon the adoption of such Acts for any county by the justices thereof, and the receipt of such rules as aforesaid from the Secretary of State, subject, nevertheless, to the amendments contained in this Act.'
3. In case it be represented to one of her Majesty's Principal Secretaries of State by the Council of any borough, that application has been made to the justices of any county in or adjoining to which such borough is situate, to consolidate the police of such county and borough in the manner provided by the 14th 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 inquire into the terms of consolidation proposed, and to report thereon to her Majesty in Council; and it shall be lawful for her Majesty, with the advice of her Privy Council, to fix the terms and conditions and date upon and from which such consolidation shall take effect, and thereupon the provisions of such last-mentioned Act shall become applicable as if such consolidation had been effected by an agreement made under the said section, save so far as such provisions relate to the determination of such agreement; and it shall be lawful for her Majesty, with the advice of her Privy Council, at any time and from time to time to vary the terms of any such consolidation, or at any time to determine such consolidation upon such terms as to her Majesty in Council may seem just.
4. The constables of every county appointed under the 2 & 3 and 3 & 4 Vict., or this Act, shall have, in every borough situate wholly or in part within such county, or within any county or part of a county in which they have authority, all such powers and privileges and be liable to all such duties and responsibilities as the constables appointed for such borough have and are liable to within any such county, and shall obey all such lawful commands as they may from time to time receive from any of the justices of the peace having jurisdiction within any such borough in which they shall be called on to act as constables, for conducting themselves in the execution of their office.
5. The constables acting under the 2 & 3 and 3 & 4 Vict. and 5 & 6 Wm. 4, and this Act, shall, in addition to their ordinary duties, perform all such duties connected with the police in their respective counties or boroughs as the justices in general or quarter sessions assembled, or the watch committees of such respective counties or boroughs, from time to time direct and require.
2. In case it be made to appear to her Majesty in Council, upon the representation of one of her Majesty's Principal Secretaries of State, that a distinction should be made in the number of constables to be appointed to keep the peace in different parts of the same county, it shall be lawful for her Majesty, by the advice of her Privy Council, to order and require the justices of such county to exercise the powers given by the 3 & 4 Vict. for the division of such county into police districts; and the said justices shall thereupon, in manner directed by such Act, and subject to such approval as therein mentioned, divide such county into such police districts as shall appear to them 6. It shall not be lawful for any constable most convenient, and declare the number of acting under the Acts 2 & 3 Vict. and 3 & 4 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 district shall be by any such constable of any fee or other payascertained in the manner provided by the said ment legally payable which he may be liable to account for and pay over to the treasurer of the county or borough, or otherwise for the use of the county or borough.2
The passages in Italics are new, and are substituted for a provision in the former Bill which required the approval of the Secretary of State on the appointment of the chief constable.
2 This clause is new.
Counties and Boroughs Police Bill.-Law Studies at Oxford.
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.
8. Power to grant superannuations to chief constables.
9. The chief constable of every county and the watch committee of every borough shall, in the month of January in every year, transmit to one of her Majesty's principal Secretaries of State a statement for the year ending the 31st day of December then last, of the number of offences reported to the police within such county or borough respectively, the number of persons apprehended by the police, the nature of the charges against them, the result of the proceedings taken thereupon, and any other particulars relating to the state of crime within such county or borough which such chief constable or watch committee may think it material to furnish.3
13. No agreement made under the 14th section of the 3 & 4 Vict, shall be put an end to without the sanction of one of her Majesty's principal Secretaries of State.
14. The 24th section of the 3 & 4 Vict. c. 88, shall be repealed.
15. Interpretation of terms.
16. Act to be construed with 2 & 3 Vict. c. 93, and 3 & 4 Vict. c. 88.
17. Act not to extend to Metropolitan Police District or City of London.
LAW STUDIES AT OXFORD.
legal education of both branches of the Profession, we think this appeal to the University authorities is particularly well-timed.
WE wish to call the attention of our readers to a pamphlet by Dr. Travers 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 persons 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 for their government made by one of her Majesty's principal Secretaries of State, are duly observed and carried into effect, and also into the state of the police stations, charge rooms, cells, or lock-ups, or other premises occupied for the use of such police; and each of the inspectors so appointed shall report upon all such matters to one of her Majesty's principal Secretaries of State, who shall cause such reports to be laid before Parliament; and such inspectors shall be paid, out of such money as may be provided by Parliament for the purpose, such salaries and allowances as shall be determined by the Commissioners of her Majesty's Treasury.
11. Upon the certificate of one of her Majesty's principal Secretaries of State, that the police of any county or borough established under the provisions of the said Acts and this Act, or any of them, has been maintained in a state of efficiency in point of numbers and discipline for the year then last past, and that the rules and regulations made for the government thereof by one of her Majesty's principal Secretaries of State have been duly observed, it shall be lawful for the Commissioners of her Majesty's Treasury to pay from time to time, out of the moneys provided by Parliament for the purpose, such sum towards the expenses of such police as shall not exceed one-fourth of the charge for their pay and clothing, certified as aforesaid; but such payment shall not extend to any additional constables appointed under the 19th section of the 3 & 4 Vict. c. 88. 12. But no such sum as aforesaid shall be paid towards the pay and clothing of the police of any borough, not being consolidated with the police for a county under the 3 & 4 Vict.
The passages in Italics are new.
Dr. Twiss observes that
"The discouragement, which the study of the Civil Law has undergone from its depressed state as a Faculty within the University, has been enhanced by the disfavour with which it was viewed in Westminster Hall in the long interval between Lord Coke and Lord Mansfield. Lord Coke, of whom I should wish to speak with the highest respect, conceived that many principles of the Civil Law were opposed to the spirit of the Common Law of England; and I fear it may be said without undue disparagement of that great Judge, that his zeal for the liberties of the subject led him to undervalue the jurisprudence of Rome, and that his authority entailed upon his successors, with few exceptions, until Lord Mansfield's time, a traditional jealousy of the Civil Law, which was calculated to deter the members of the English Bar from its study, and was prejudicial to the advancement of English jurisprudence. Since Lord Mansfield's time more enlarged and more sagacious views have gradually infused themselves into the minds of the Profession, and at the present day, there is a disposition to think that in a good course of legal study the Institutes' of Justinian may safely take precedence of the Institutes' of Lord Coke, and that the Pandects' are a repository of sound legal principles applied to private rights and obligations, to which we may wisely have recourse, when the venerable Year-Books do not come to our aid.
“In addition to this, her Majesty's Commissioners appointed to inquire into the arrange
and Dr. Scott, now Master of Balliol College. The portions of the evidence of these gentlemen, which the Commissioners have embodied in their Report, are as follows.
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 Bar than can be obtained under the present system of practical study in a barrister's chamber, and have suggested that the Universities may co-operate more effectually in advancing legal education by a sound and liberal training for the students intending afterwards to enter upon the profession of the Law, limited in respect to that study to general principles, than by increasing the amount of special instruction which the Inns of Court should properly supply."
Referring to the evidence of Mr. Lowe, the Vice-President of the Board of Trade, given before the Inns of Court Commissioners, the Author, in reference to the establishment of a "Law University" in London-or as Dr. Twiss would rightly, we think, prefer it to be denominated a Faculty of Law-observes, that he cordially concurs with Mr. Lowe that "Legal Education is a much larger question than the education of the Bar, or even of the Bench;" and he gives praise to the University of Oxford for establishing a School of Jurisprudence and Modern History as a department of the final examination for the first Degree in Arts; and he thus describes its and points out the course yet remaining for adoption :
"Mr. Price observes, As the Professors would be, it is hoped, some of the most eminent men in their respective departments, it would be injurious to them that their time should be wholly employed in giving lectures in the elements of their learning, as well as the higher parts, to the younger students; they ought, therefore, to have leisure for pursuing bounds of their sciences, being, as it is pretheir respective studies, and for enlarging the sumed, persons capable of doing so; but inasmuch as the students have also a claim on the University for instruction, and as it ought to give that teaching which is now derived from private tutors, it seems desirable that, when it is necessary, there should be public teachers of a different kind to the Professors, who it should be especially to give lectures to stumight be called Public Lecturers, whose duty dents. This I conceive to be a matter of the utmost importance for the efficiency of the system.'
"Dr. Scott, on the other hand, enforces the same view by the example of Foreign Universities:-The Ordinary Professor (to use the Continental phrase) in any department, might avail himself of the services of Extraordinary Professors or Lecturers among the fellows of colleges. The class which now furnishes private tutors, would thus have a work, perhaps less lucrative, but more interesting, and reflecting more credit on themselves, and they would be trained for the University and College duties to which they might afterwards succeed. Such co-operation of several Lecturers, under the direction of one responsible Ordinary Professor of the Faculty, would probably work better than the establishment of co-ordinate and perhaps rival Professors. At least, on the Continent the rivalry of Professors is sometimes found to lead to illiberal competition. It would also require a smaller fund for their income, and it would create a body of competent candidates in each Faculty, from which the successors to vacant Professorships might be selected with less mistake wherever the patronage might be.'”
"The School of Law and History has now been established six years, yet the University has made no provision whatever for giving instruction to the undergraduates, either in Municipal, or in Civil, or in International Law. Lectureships in Law and History have indeed been established in four or five of the colleges. I can speak myself for University College, which in this respect has not forgotten her ancient traditions; but the University itself has not in any way come to the aid of the candidates who elect to proceed in the School of Law and History; and the recent ordinance, which precludes them from becoming Students in Civil Law before their final examination in the School of Arts, withdraws them from the superintendence of the Regius Professor of Civil Law. Yet the Report of the Oxford University Commissioners has pointed out a very simple course for giving aid to such Farther, the learned writer, in reference students, which has both the recommendation to the rejection of a proposition to establish 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 Professors or Lecturers, to which I am about to allude, as a grade of instructors subordinate to the Professors, was strenuously urged upon
See Report, p. 135.
Many members of the University objected, on constitutional grounds, to such a measure being brought forward in the form of a decree sider that it was objectionable on other subinstead of a statute: for my own part, I constantial grounds. The University ought to
Law Studies at Oxford.-Law of Attorneys and Solicitors.
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 Teachers in Law under the direction of one responsible Professor of the Faculty, or under the supervision of a Board of Legal Studies. This latter arrangement has been suggested by the Regius Professor of Civil Law in the University of Cambridge, in his evidence before her Majesty's Commissioners for inquiring into the studies of that University.
sense and the soundest and closest logic, and so appear when well understood and explained, though by being misunderstood and misapplied, they are often made use of as instruments of chicane.' Sir W. Jones, in his preface to the Orations of Isæus, has advocated the same view:- Our science of special pleading is an excellent logic; it is admirably calculated for the purpose of analysing a cause,of extracting, like the roots of an equation, the true points in dispute, and referring them, with all imaginable simplicity, to the Court or the Jury. It is reducible to the strictest rules of pure Dialectic, and if it were scientifically taught in our public seminaries of learning, it would fix the attention, give a habit of reasoning closely, quicken the apprehension, and invigorate the understanding, as effectually as the famed Peripatetic system, which, however ingenious and subtle soever, is not so honourable, so laudable, or so profitable, as the science in which Littleton exhorts his sons to employ their courage and care.'
"It was proposed by the decree, which was rejected last Term, to attach to the Readership of Civil Law a stipend from the University chest of 300%. per annum, and an equal stipend was to be assigned to the Reader in Common Law, and as these Readers would have occupied the places and fulfilled the duties of Assistant Lecturers in Law by the side of the Regius Professor of Civil Law and of the Vinerian Professor of Common Law, these moderate stipends, coupled with the prospect of eventual promotion to one or other of the Professorships, might perhaps have sufficed to retain competent instructors in the elements of Civil and Common Law for the candidates in the Law and History School. The Professors would, under this arrangement, have taken the higher branches of Law in accordance with the view of her Majesty's Commissioners, and Oxford might have again numbered amongst her Professors a Blackstone and a Stowell, who should be worthy compeers of the great jurists of the United States of America. Let it be borne in mind that the Commentaries of Chancellor Kent on American Law are the fruit of his appointment to the Chair of Law in Columbia College, and that Mr. Justice Story, whose name may serve to call back to the University the memory of her earliest Regius Professor of Civil Law, has immortalised the Dane Professorship of Law in Harvard 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
"I venture to suggest to your attention that instruction in Dialectic is one of the most valuable elements of a solid preparation for the scientific study of Law. Sound pleading is, in fact, the keystone of the arch on which the certainty of remedy for wrong and the attainment of substantial justice rests, and if the foundations are not well laid, the superstructure cannot stand. No provision, I may further observe, is made for any public instruction in the elements of Ecclesiastical Law, yet Oxford is daily sending forth her sons as ministers of the Church to our colonies, where such elementary knowledge would be most valuable, and where no ecclesiastical lawyers are at hand to supply by their counsel the want of such knowledge."
of special pleading, however true, will LAW OF ATTORNEYS AND SOscarcely find favour in these degenerate days :
"No provision is proposed to be made by the University to furnish any public instruction in International Law, yet International Law is one of the subjects of examination for
COSTS ON NEGLECT OF SOLICITOR TO
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.
LAW OF COSTS.
OF INTERPLEADER SUIT AFTER NOTICE
AFTER the institution of an interpleader suit by an insurance company in respect of the money due on a life policy, the several claimants withdrew their claims by notices to the offices, but the company nevertheless served a subpoena to hear judgment and brought the cause to a hearing.
The Master of the Rolls said :-"In interpleader suits, the usual practice is for the plaintiff to obtain the costs out of the fund, and the contest between the two defendants is then put in a course of investigation, and the one in the wrong ultimately pays the costs. It is quite a modern practice to bring a bill of interpleader to a hearing.
ed that the former died in December, 1853, | and that the latter had since acted as plaintiff's Solicitor in the suit. During the years 1853 and 1854 the plaintiff had frequently complained to Mr. Wright of the delay in the prosecution of an order of reference to the Master, in July, 1852, and Mr. Wright alleged various reasons by way of excuse. At one time he alleged he had not received a satisfactory answer from Mr. Stainthorpe, at another that he could not procure an appointment with the Master; and again that the Master refused to order a sale of the property till a future time when he considered it would realise a larger price; but he promised to expedite the business as much as possible. At last, on July 12, 1854, the plaintiff wrote to Mr. Wright requesting an explanation of the delay, and expressing his determination to have the suit brought to a 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 he employed another Solicitor, between to have proceeded after he had notice that whom and Mr. Wright several interviews Paddon had abandoned his claim. I am at a took place in the months of July, August, loss to conceive why Paddon was served with October, and November, but without any a subpoena 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 Beav. 47.
The Master of the Rolls said, he was satisfied that there was gross neglect on the part of the Solicitor in proceeding with the suit, and that the explanations offered afforded no sufficient excuse for his conduct, which could not be permitted to operate to the prejudice of his client. He said he would consult the Judges of the other branches of the Court as to the
order to be made upon that part of the motion which related to the prosecution of the Order of July 14, 1852, in Chambers; but in the meantime his opinion was that the Solicitor must pay the costs of the Master's report, and the subsequent proceedings thereon, together with those of this application, and the order to be made thereon.
DOUBTS ON THE STAMP LAWS.
SINGULAR CASE AND OPINION.
A QUESTION having arisen in the Court of Queen's Bench as to the sufficiency of the stamp duty on a bill of sale, in an action under the Interpleader Act, a case was laid before Counsel for his opinion, and which afterwards occasioned an alteration in the Law by the last Common Law Procedure Act, 17 & 18 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 respect of his conduct of the suit, Mr. Wright must pay to the plaintiff and the defendants their costs of and incident to the Master's certificate and also of this application. Ridley v. Tiplady, 20 Beav. 44.
the Solicitor in the case :
1850, between A. B. of &c., on the one part, This Indenture made the 18th day of Feb., and C. D., &c., of the other part. Whereas the said A. B. stands indebted to the said C. D., in the sum of 1001, for money advanced and expended in fitting up and partly furnishing