ART. VIII.-THE ATTORNEY AND SOLICITOR'S ACT. 1. The Attorney and Solicitor's Act, 6 & 7 Vict. c. 73. With an Introductory Analysis, Notes, and Index. By J. C. Symons, Esq. of the Middle Temple, Barrister-at-Law. 2. The Act 6 & 7 Vict. c. 73, for Consolidating and Amending several of the Laws relating to Attorneys and Solicitors practising in England and Wales; with an Introduction and Analysis of the Act, and Copious Notes, showing the Effect THE LAW MAGAZINE. ART. I.-THE SEVENTH CRIMINAL LAW REPORT. Seventh Report of Her Majesty's Commissioners on Criminal Law. Dated the 11th day of March, 1843. Presented to both Houses of Parliament by command of Her Majesty. London. 1843. "When laws have been heaped upon laws, in such a state of confusion as to render it necessary to revise them, and collect their spirit into a new and intelligible system, those who accomplish such a heroic task, have a good right to be named among the benefactors of mankind."-LORD BACON. THE practical result of ten years' labour lies before us in the shape of the seventh and final Report of the Criminal Law Commissioners; and we venture to affirm that no document has been presented to parliament for many sessions, containing matter equally interesting and important with that which is supplied by the present volume. The Commissioners are not content with simply expressing their "strong conviction that a condensation of the criminal law is not only practicable, but highly expedient;" they have acted on that conviction, and have embodied in a single statute "the entire digest of that branch of the criminal law which comprises crimes and punishments," in the hope "that what has been done may serve at least as the basis, on which such a system of criminal law may be constructed as is best calculated, by the facility afforded for extensive diffusion and practical application, to operate in the most salutary and effectual manner to promote the ends of justice.1" Cordially concurring in the sentiments of the Commissioners as to the practicability and expedience of such a digest, 'P. 1. VOL. XXX. NO LXI. B we shall first illustrate and support their arguments in favour of consolidation, and next examine, as fully as our limits will allow, the statute they have actually prepared, feeling sure that if, in this last part of our task, we shall be constrained sometimes to point out defects, and to employ the language of censure, the Commissioners will give us credit for being actuated by no motive, but an ardent desire to render their work as beneficial to the public as it is eventually calculated to be. The first benefit that would result from a consolidation of the criminal law, would be the abrogation of several doctrines or rules which are now notoriously unjust or ridiculous. The arbitrary distinction which exists between felonies and misdemeanors, a distinction which is founded neither on the amount of punishment incurred, nor on the moral guilt of the offender, nor on the social importance of the offence, but simply on the capricious and inconsistent language of the legislature ;-the cruel and disproportionate law which inflicts on all felons indiscriminately the forfeiture of their personal property, and on some the loss of their real estate, but which holds inviolate every shilling of criminals, who have committed offences, which, though of the deepest dye, are whimsically denominated mere misdemeanors;—the useless and confusing difference which prevails between felonies and misdemeanors with respect to accessaries ;-the absurd doctrine of "breaking bulk," according to which a carrier commits only a civil trespass, who steals an entire parcel entrusted to his care, but is guilty of larceny, if he takes part of its contents;-the equally absurd difference which is recognized in the crime of theft between moveables and things attached to the realty ;the doctrine of alternative punishments, according to which a party disobeying a statute may be indicted for a common law misdemeanor and punished with discretionary fine and imprisonment, even though the act, in a separate clause, annexes a specific and trifling penalty to the offence;-the inconsistency which does not allow this doctrine to prevail, where the crime and penalty are contained in the same clause ;—and the monstrous rule which "transfers a felonious intent from a designed to an accidental act," so that a man may be exeReport, p. 27. 1 cuted for murder, who, in attempting to steal a chicken, has unfortunately shot his neighbour;1-these are some of the unjust anomalies, which must be at once exposed and remedied, in the event of the introduction of a digest. Many obsolete laws would also be abolished, which no one now pretends to defend, and which serve only to increase the bulk and diminish the efficacy of our penal jurisprudence. The Commissioners in relation to this subject observe, "There are several antiquated offences, characteristic of the rude simplicity of the times when they were made the subject of prosecution as crimes, which we have ventured to omit, and which ought, we think, to be expressly repealed, if any common law misdemeanors, other than those included in the digest, are retained. These are the offences of eaves-dropping, or listening under other men's walls or windows or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tales; of being a common scold, which was confined to women, and was punishable by the cucking stool, or trebucket castigatory. "We have introduced some offences, the policy of retaining which is at least doubtful, but which have been too lately recognized to be regarded as obsolete; we allude to the offences of engrossing, forestalling and regrating, and also of barretry, maintenance and champerty, and some others, to which we have adverted in our Reports."2 That the speculators in Mark Lane and the Tea Markets, and the Kentish hop-factors, may beware of the first three offences mentioned in the last paragraph; that the busy body may avoid the fourth, the benevolent friend the fifth, and the enterprising attorney the sixth; and that the public may judge how far we are authorised in supporting the views of the Commissioners, we will here, though at the expense of an interruption of our argument, give the definitions of these several crimes as embodied in the Report before us. ART. I. "Whosoever, with intent to enhance the price of any merchandize, corn, grain or hops, or any animal living or dead, or other article or thing used for food, or as an ingredient in the making or preservation of any victual, shall procure or persuade any other person to forbear to bring or convey the same to any market or fair, or to abstain for a long time from selling the same, or shall purchase the same on its way to any market or fair, or shall spread any false rumour, or practise any other like device, shall be deemed to be a forestaller. ART. II. "Whosoever shall ingross, or shall get into his hands or possession, by buying or contracting for the purchase thereof, other than by demise, grant, or lease of land or tithe, large quantities of any merchandize or thing specified in the last preceding article, with intent in any of such cases to prevent the same being brought or conveyed to any market or fair, or to resell the same at any unreasonable profit, and thereby respectively to enhance the price of the same, shall be deemed to be an engrosser. ART. III. "Whosoever, with such intent as is mentioned in article 1, shall purchase or otherwise get into his hands or possession any merchandize or other thing therein specified, which shall be brought or conveyed to any market or fair to be sold, and shall sell the same again in the same market or fair, shall be deemed to be a regrator." The Commissioners give no definition of barretry, but refer to their fifth Report, where they adopt the vague language of Lord Coke. "A barretor is a common mover and exciter, or maintainer of suits, quarrels, or parts, either in courts or in the country. In courts, as in courts of record; or not of record, as in the county, hundred and other inferior courts. In the country in three manners: 1st, in disturbance of the peace; 2d, in taking or keeping of possession of lands in controversy, not only by force, but also by subtlety and a deceit, and most commonly in suppression of truth and right; 3d, by false inventions and sowing calumniations, rumours, and reports, whereby discord and disquiet may grow between neighbours."2 ART. XLIV. "Whosoever shall unlawfully intermeddle in a suit that no way belongs to such person, by maintaining or assisting either party to such suit, with money or otherwise, to prosecute or defend the same, shall be guilty of maintenance." ART. XLV. "Whosoever shall bargain with either party to a suit to prosecute or defend the same at his own expense, on condition that such party will divide with him the land or other matter sued for, if successful in such suit, shall be guilty of champerty." 1 Report, pp. 217, 218. 993 2 1 Inst. p. 368, a; 5th Rep. p. 33, and 7th Rep. p. 171. 3 P.171. |