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the policy of which, to state shortly, is, or of malicious injury, so soon as the 1st, the distribution of the effects of a forms of proceedings can be gone debtor, a trader, who is unable to pay through; and in all cases whatever his debts in full, in the most expedi- after a period of three years. If, howtious, equal, and economical mode ever, the debtor does not seem inclined amongst his creditors. 2nd. The libe- to petition for his discharge, but deration of his person from the demands sires rather to consume his substance of those creditors, after he has made within the prison walls, any creditor a full surrender of his property. When in that case may petition in his stead. a trader is known to be in insolvent Upon the grant of the petition, all the circumstances, in order to prevent him property of the insolvent becomes from selecting some favourite creditor, vested in assignees, and is distributed and liquidating his demand at the ex- by them in like manner as is done in pense of the rest, the laws of England bankruptcy. In the case of insolvent enable any of his creditors to petition traders petitioning under the insolvent in the court for an adjudication of law, any creditor may, at his election, bankruptcy against him, and cause him petition for an adjudication of Bankpublicly to be proclaimed a bankrupt; ruptcy against him. upon which event, all his property ECCLESIASTICAL AND MILITARY COURTS. passes from him, by act of law, to -There are also the Ecclesiastical assignees, as they are called, who dis- Courts, and the Courts Military, and tribute them equally amongst all his Maritime; the precise nature and juriscreditors, and he is thenceforth pro- diction of each of which may easily be tected from arrest in respect of all such gathered from the name. debts as he owed at the time of his CRIMINAL COURTS. Having menbankruptcy, with certain exceptions. tioned the courts that administer the The bankrupt laws affect traders only, law in civil cases, and the mode of proi.e., merchants, and those engaged in ceeding in them; we will now advert trade. The insolvent laws, which are to those which administer the criminal administered in the Insolvent Court, law, which are,-I. The Court of Geneextend not only to traders, but to all ral Quarter Sessions;-II. The Courts men-men out of business as well as of Oyer and Terminer;-III. The Court in business. We have already seen that, of Queen's Bench ;-IV. The High Court according to the course of judicial pro- of Parliament. And first concerning ceedings in our courts, any party who the courts themselves, and then the has obtained judgment against another manner of proceeding in them respecfor a debt, is at liberty to enforce pay-tively.

ment thereof by seizure of the property, I. THE COURT OF GENERAL QUARTER or, at his election, the person of the SESSIONS.-This is a court which must debtor; and the effect of the latter pro- be held in every county, once in every ceeding is, to confine him in prison quarter of a year. Its jurisdiction exuntil he shall either pay the debt, or tends to the trying and determining otherwise obtain his discharge, which all felonies and trespasses whatever, he may do under the insolvent laws, as except treason, misprision of treason, we shall now show. Immediately upon perjury, forgery, arson, bigamy, libels, his imprisonment, he may petition the bribery, conspiracies, and some few Insolvency Court for his deliverance, other offences; and except such other upon the consideration of his estate crimes as are punishable with death, or being transferred for the benefit of his transportation for life for the first creditors generally; and his petition offence. The judges of this court are will be granted unless he has been the justices of the peace of the county guilty of fraud in contracting his debts, at large. All offences relating to the

game-laws, highways, ale-houses, bastard of London at least twelve times in children, the settlement and provision every year.

for the poor, servants' wages, and III. THE COURT OF QUEEN'S BENCH. apprentices, must be prosecuted in this -This court, as we have seen before, court, which may be done by way of is a court of criminal, as well as civil, indictment; or, more summarily, by jurisdiction. All indictments from inway of motion and order thereupon. ferior courts may be removed for trial These proceedings may, for the most into this court, by writ of certiorari. part, be removed into the Court of IV. THE HIGH COURT OF PARLIAQueen's Bench, which is a court of MENT.-This is the supreme court in appeal in criminal, as it is in civil, the kingdom, not only for making, but cases. In the county of Middlesex also for the execution, of laws; but there are two sessions, or adjourned particularly for the trial of great and sessions of the peace, holden in every enormous offenders, whether lords or calendar month throughout the year. commons, by the method of ParliaIn many boroughs in the kingdom mentary impeachment. A commoner there is also a quarter sessions of the cannot be impeached before the lords peace, having in general the same juris- for any capital offence, but only for diction, in cases arising within the high misdemeanors; but a peer may be limits of the borough, as the county impeached for any crimes. The articles quarter sessions within the county. of impeachment form a species of bill The recorder of the borough is the of indictment, found by the House of judge of this court; and it is, therefore, Commons, and afterwards tried by the called the Recorder's Court. House of Lords. The subject-matter

II. THE COURTS OF OYER AND TER- of impeachment is usually where a MINER, AND GENERAL GAOL DELIVERY. subject entrusted with the administra-These courts are the Assizes; which tion of public affairs, infringes the rights are held twice in every year, in every of the people. In such a case, he becounty in the kingdom, before the comes guilty of a crime which the Queen's commissioners; among whom ordinary magistrate either does not, or are, at least, two judges of the courts cannot, punish. Of these crimes the at Westminster. Under this commis- representatives of the people in the sion, all the gaols are cleared, and all House of Commons cannot properly the prisoners therein are tried, punished, judge, because their constituents are or discharged, twice in every year. The the parties aggrieved; nor would it be jurisdiction of this court extends to all fit to put such a case to a common jury felonies, misdemeanors, and trespasses of the land, for they would naturally whatever, without exception. For the be swayed by the authority of so trial of offences in London, Middlesex, powerful an accuser: reason, therefore, and their neighbourhoods, a special suggests, that the popular branch of court of Oyer and Terminer, and Gene- the legislature must bring its charge ral Gaol Delivery, called the Central before the other branch (the peers), and Criminal Court, has been established; thus ensure justice at the hands of this the judges of which are the Lord Mayor, tribunal. It is enacted, that no pardon the Lord Chancellor or Keeper, the under the great seal shall be pleadable Judges of the court of Westminster, to an impeachment by the commons of the Judges in Bankruptcy, the Judges Great Britain in parliament. of the Admiralty, the Dean of the MODE OF TRIAL IN CRIMINAL CASES. Arches, the Aldermen of London, -The proceedings in criminal courts and the Judges of the Sheriffs' Court, are either summary or regular. By a and such others as the crown may summary proceeding is meant, such as appoint. This court is held in the City is directed by certain acts of parlia

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ment, to be taken before magistrates, apprehend him. As soon as the offender for the conviction of offenders, and the is in custody, he is, without delay, taken infliction of certain penalties. In this before a justice of the peace, who is mode of trial, there is no intervention bound, at his peril, immediately to of a jury, but the party accused is examine the circumstances of the case acquitted or condemned by the suffrage alleged against him; and if, upon inof one or two persons only. The sub- quiry, it appears either that no crime ject-matter of such proceedings are was committed, or that the suspicion usually offences against the excise laws, entertained of the prisoner was grounddrunkenness, vagrancy, and so forth. less, he is wholly discharged: if, on The process of summary conviction is the contrary, the evidence is sufficient very speedy, and begins by an inform- to warrant a strong belief that he is ation being laid before the magistrate, guilty, he must be committed to prison, upon which a summons is issued to or give bail; that is, obtain and give bring the party accused before him. the security of some sufficient persons, Upon the appearance of the defendant, as well as his own, for his subsequent he is admitted to make full answer and appearance to answer the charge made defence, and to have witnesses examined against him at the next court of Quarter in his presence. This being done, the Sessions, or of Oyer and Terminer, and magistrate (in some cases there must General Gaol Delivery for the county. be two present to convict) proceeds, if At either of the courts just named, a he thinks the case established, to make bill of indictment (or a formal accusahis conviction of the offender in writing, tion) is preferred against the offender, and afterwards to issue his warrant to which is then examined by a jury of apprehend him in case of corporal not less than twelve men of the county, punishment, or to issue a warrant of or city, or borough, called the Grand distress against his goods and property, Jury, whose duty is to see whether to levy the pecuniary penalty incurred. such a case is made out against the The ordinary and regular method of prisoner as requires him to answer it. proceeding is, in general, in the first If they are of opinion that such a case place, to arrest the offender, in order is not made out, they reject or ignore to ensure his forthcoming to answer the bill, and the prisoner is discharged; the alleged crime. To this arrest (or but he can be apprehended again, and apprehension,-the term arrest being brought to trial, if, at any subsequent usually confined to civil, and that of period, fresh and more conclusive eviapprehension to criminal, cases,) all dence happens to be found against him. persons, without distinction, are equally If they are of opinion, that a prima facie liable in criminal cases. It may take case is made out against the accused, place by warrant, which, in cases of they find "a true bill," which being treason or other offences affecting the brought into court the prisoner is then government, may be granted by any placed at the bar, where he is put upon privy councillor, or either of the secre- his third and last trial, before a judge taries of state; or in cases of felony, by and a jury of twelve men. Thus, we any judge of the court of Queen's Bench; see, that a prisoner, by the laws of but such warrants are generally granted England, has three trials before he is by a common justice of the peace out condemned, and therefore three chances of sessions. Where the offence, how-of escape from punishment: 1st. Before ever, is not of a very serious character, the Justice of the Peace, who may, perand the offender is not likely to ab-haps, acquit him;-2nd. Before the scond, it is more usual to issue a sum-Grand Jury, who may also acquit him; mons, commanding him to appear on a 3rd. Before a Petit Jury, who may, in certain day, rather than a warrant to like manner, acquit him. One acquittal

is sufficient for his discharge; but there pardon may be obtained of the crown. must be three condemnations before he If in either of these cases the prisoner can be punished. As the fate of the is successful, he is set at liberty; but if not, he must suffer the penalty of the law, whatever that may be.

prisoner thus entirely depends upon the men who compose this last jury, he is permitted to have a share in the ACT OF HABEAS CORPUS.-As a conchoice of them, i. e., he is allowed to clusion to this division of the chapter, object to such of them as he may think we cannot do better than set forth are prejudiced against him. This pro- some of the principal articles of that ceeding, on behalf of the prisoner, is very famous act, the act of Habeas called "Challenging the Jury;" when, Corpus, the glorious guarantee of an at length, the jury is settled and Englishman's liberty. This act enacts, arranged, the prosecutor sets about to "That any officer and keeper neglecting prove his case, and to examine his wit- to deliver to the prisoner, or his agent, nesses in the presence of the prisoner, within six hours after demand, a copy and a public court, a proceeding that is of the warrant of commitment, or shiftgenerally carried out through the inter- ing the custody of the prisoner from vention of a counsellor, or barrister-at- one to another without the authority law, though the prosecutor may conduct specified in the act, shall, for the first his own case. The prisoner is also offence, forfeit 100%., and for the second allowed to have a counsel to assist him; 2007., to the party aggrieved, and be and either he or his counsel then cross-disabled to hold his office. No person examines the prosecutor's witnesses, and once delivered by Habeas Corpus, shall when all are examined, sets up his own be recommitted for the same offence, defence. After this, the judge "sums on penalty of 500l. Every person comup the evidence," that is, he recapitu- mitted for treason or felony shall, if he lates the principal facts to the jury, and require it, in the first week of the next explains the law as it affects the parti- term, or the first day of the next sescular case, to the jury. Most frequently sion, be indicted in that term or session, the verdict is returned without the or else admitted to bail; unless it jury leaving their box, but if they should be proved upon oath, that the cannot agree, they have to retire; and King's witnesses cannot be produced at an officer is sworn to keep them "with-that time; and if not indicted and out meat, fire, or candle," and to prevent tried in the record term or session, he any person from having access to them shall be discharged of his imprisontill they agree upon their verdict, which ment for such imputed offence. Any must be unanimous. If they cannot of the judges or Lord Chancellor who agree, the prisoner is discharged; but shall deny a writ of Habeas Corpus on he may, at any time, be put on his sight of the warrant, or on oath that trial again for the same offence. If the the same is refused, shall forfeit seve verdict is one of acquittal, or "Not rally to the party aggrieved, 500l." Guilty," he is also discharged, and can- THE POLICE.-In London, and in not be proceeded against a second time most counties, and in corporate cities for that offence, whatever evidence may and towns, there is a body of men subsequently transpire against him: if, called The Police, who have superon the contrary, he is found "Guilty," seded the old "watchmen," or "parish he is detained, and the judge pro- constables," and their duty is, as we nounces the judgment of the law upon well know, the general keeping of peace him. This judgment, however, may be and order, the protection of the people, impeached by writ of error; first, to and the apprehension of criminals. the Court of Queen's Bench, and from The Secretary of State for the Home thence to the House of Peers; or a Department has the appointment of

those servants of the government in offices have engines stationed in various London, and the power of fixing their districts, with active men and horses numbers. The force is divided into always in readiness. Water is supplied the City and Metropolitan Police. The immediately by means of fire-plugs. heads of the former department are the There is also a division called the Lord Mayor and Aldermen, under Thames Police, whose duties are as the whom are two marshals, eight marshal-name implies. The police have authormen, six superintendents, twenty-four ity to arrest, without warrant, any perinspectors, ninety-six serjeants, and six son whom they have good reason to companies of constables, each composed suspect to be guilty of treason or felony, of one hundred and forty-four men. also for breach of the peace, and acts of The Metropolitan Police, instituted by annoyance in a public thoroughfare. the late Sir Robert Peel, are appointed POLICE COURTS.-There are twentyfor all parts of the Metropolis and its seven stipendiary magistrates, appointed vicinity out of the jurisdiction of the by the crown, to attend at the Police city, and within twelve miles of Charing Courts. The duty of the magistrates Cross. This force comprises about 5000 in these offices extends to several men, who are formed into companies, important judicial proceedings, which, each comprising one superintendent, in a variety of instances, they are emfour inspectors, sixteen serjeants, and powered and required to hear and one hundred and forty-four constables. determine in a summary way; particuThe company is divided into sixteen larly in cases relating to the customs, parties, each consisting of one serjeant excise, coaches, carts, pawnbrokers, perand nine men. Four serjeants' parties, sons unlawfully_pawning the property or one-fourth of the company, form an of others, &c. Their duty also extends inspector's party. The whole is under to the cases of persons charged with the command of the superintendent. being disorderly, or brought for examEach man has marked on the collar of ination under charges of treason, murhis coat the letter of his division, and a der, felony, fraud, and misdemeanors number corresponding with his name in of every description. At each of these the books of the office, so that he may offices there are three magistrates, two at all times be recognised. The first of whom attend every day except Sunsixteen numbers in each division denote day, and one every evening; two clerks, the serjeants. All the policemen are an office-keeper, &c. Each office has dressed in blue uniform, and at night from eight to twelve constables attached wear dark-brown great-coats. Each man to it, who are termed "police officers." is furnished with a rattle, a staff, and a Their pay from government is only a lantern. The policemen are on duty at guinea per week; and for the rest of all hours, but of course a greater num- their means of existence they depend ber are employed at night than in the on the profits arising out of the services day. One part of the force continues of summonses, warrants, &c., and poron duty from the evening till midnight, tions of penalties. and the other from midnight till morning. The day-police is also relieved in the same manner. The night-police is of great utility in cases of fire, as in the These places of confinement are of watch-houses of each division is kept an two kinds,-prisons for debtors, and account of the names of the turn-cocks, prisons for criminals. There are three and of the places where engines are of the former description; namely, kept. Besides the parochial engines, the QUEEN'S PRISON, GILTSPUR-STREET many public bodies are provided with COMPTER, and WHITECROSS-STREET them; and the principal insurance- PRISON.

PRISONS.

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