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onght to be allowed in all cases of assault with to any body by the prisoner ; in misdemeanors, intent to commit a rape ?-I should think it on either acquittal, conviction, or confession, would be reasonable, because that comes within there was a fine to the clerk of the peace of the range of cases that would end in a felony : 88. 8d. It often happened in the county of and assaults to prevent apprehension would also Surrey that the prisoner, when acquitted, paid be proper cases for allowance.
a great deal more expense than the prosecutor When a constable is assaulted or wounded in had been put to. The party who gained the the execution of his duty, is there any method cause paid. If the prisoner was convicted, the by which the expenses of the prosecution can be prosecutor paid. When he said the prisoner paid ? -Not at present: I would suggest, that paid, he should explain, that the prisoner forin proportion as a power is given of allowing merly paid, but, under the late act of parliaexpenses, you probably increase the number of ment, the county paid the fee. Witnesses were prosecutions ; perhaps there might be this check paid 5s. if they came from a distance, 38. 6d. if on those cases, that the judges should have the they came from the neighbourhood. The effect power to allow them if the prosecution was in Surrey of adjourning the quarter-sessions till directed by the magistrates.
just before the assizes, in order to try petty larMr. Baron HULLOCK.- All that inconve- cenies, would, he thought, be a very consider. nience is obviated by the discretion that is now able saving of expense to all parties, and a great vested in the judges with respect to the allow- convenience; but he thought it would be at. ance for felonies.
tended with great inconvenience to the juries Mr. Justice BAYLEY. But I would have the that were summoned for the trial of civil causes discretion at both ends, that the person should if the judges were to proceed to the trial of pri. not have the power to apply for the allowance in soners in both courts first, and then to the trial those cases in which the magistrates did not of causes at the assizes. He did not see that direct the prosecution ; but when the magistrates there would be any objection to throwing the did direct the prosecution, then the judges expenses of prosecutions at the assizes upon the should have the power to allow the costs. general funds of the country instead of on the
(To Mr. Baron HULLOCK.)—Do you think county rate or the receiver-general, unless it the magistrates ought to be empowered to punish should be that larger sums might be allowed offenders guilty of small offences, instead of send- than when the county rate was to bear them. ing them to trial ?-I much doubt the propriety As to paying the clerks of the peace by a salary, of such a proceeding. I conceive that such a or on an average of their fees for the last three practice would be altering the constitution of years, he thought it would be almost impossible the country to a certain degree. The country is to form an average; and that the business would exceedingly jealous of any power of that sort not be so well conducted. being vested in the magistrates.
Edward Jeremiah Curteis, esq. M. P. ex. Charles John Lawson, esq. examined.-Was amined.-By a table which had been given him clerk of the peace for the county of Surrey. The by the clerk of the peace for Sussex, by the di. allowance to prosecutors and witnesses, in felony, rection of the magistrates, to be laid before the at the summer assizes of 1823, and the Lent as- committee, it appeared that the expenses attendsizes of 1824, was 1,4751. 18s. 8d.; at the ing prosecutions at the assizes in Sussex were quarter-sessions for the county during the year, about three parts in five beyond the expenses 5701. 8s. 4d.; at the quarter-sessions for the attending prosecutions at the sessions. He sugborough of Southwark, 421. 88. 6d.; at the gested that some power should be lodged with quarter-sessions for the borough of Guildford, the magistrates of directing the trial of some 11. 18s. In felonies there were no fees payable felonies at quarter-sessions.
ABSTRACT of an Account from the respective Treasurers of the Counties of England and Wales
of the several Sums received for County Rates in the Year 1823, and of their Application, in Payments for Bridges ; Clerk of the Peace; Coroners; building and enlarging Gaols ; building and enlarging Houses of Correction; building and enlarging Lunatic Asylums; build. ing and enlarging Judges' Lodgings; building and enlarging Shire-halls; building and enlarging other County Buildings; ordinary Repair of Prisons; ordinary Repair of other County Buildings; Maintenance of Prisoners ; Conveyance of Prisoners ; Expenses of Prose. cutions; Treasurer's Salary; Apprehension and Conveyance of Vagrants; Apprehension and Conveyance of Scotch and Irish Paupers by Vagrant Pass; Clerk of Assize, and of other Officers of Assizes ; Militia, Local Militia, and Volunteers ; Clerk of Lieutenancy ; Lieutenancy Meetings; Printing, Stationery, and Advertising ; Allowances to King's Bench and Fleet Prisons, by Statute 53 Geo. III.; Parliamentary Returns; Under-Sheriff ; Liberates of Debtors; In. terest of Money borrowed on Mortgage of County Rate; Principal Money borrowed on Mortgage of County Rate paid off'; Incidental Expenses.
Somerset ............... County of Somerset.............. Staffordshire........... County of Stafford .
City and county of Lichfield
County of Surrey............ Sussex... .............
Western division ............
Eastern division ..... Warwickshire ........ County of Warwick ............
County and city of Coventry ... Westmoreland ....... West Ward.....
East Ward .....
City of Worcester ............
North Riding ..
(For Poor Rates, see post p. 677,--Charitable Institutions.)
of many persons to one common fund, that
“ “the most effectual provision can be made for Substance of the Report of the Select Committee
"' casualties affecting,' or, as it would have of the House of Commons, appointed to con
“ been more correctly said, liable to affect' all sider of the Laws respecting Friendly So
" the contributors.' This proposition, which cieties.
“ is, indeed, obviously true, has been well THE committee commence their report with “ illustrated by a writer on friendly societies, an account of the progress and present state of “who asks, whether the advocates of separate the law affecting friendly societies. The first “ and exclusive saving will be easily persuaded legislative interference with them was in 1793, “ to save their annual premium instead of when the act passed, which was known by the “ securing their houses against fire.' Where. name of its author, Mr. George Rose. While " ever there is a contingency, the cheapest way this act imposed certain restrictions upon “ of providing against it is by uniting with friendly societies, it also conferred upon them “ others, so that each man may subject himself certain privileges and immunities; all which “ to a small deprivation, in order that no man are detailed in the report. The acts of 1795, “ may be subjected to a great loss. He upon 1803, 1809, and 1817, made a variety of further “ whom the contingency does not fall, does not provisions on the subject. To the provisions“ get his money back again, nor does he get for and operation, however, of the act of 1819, the “ it any visible or tangible benefit ; but he attention of the committee has been principally obtains security against ruin, and consequent directed. In 1815, the members of friendly peace of mind. He upon whom the consocieties were enumerated at 925,429. The “ tingency does fall, gets all that those whom system was nevertheless deficient. The chief “ fortune has exempted from it have lost in defect was the want of sufficient security against “ hard money, and is thus enabled to sustain error in the original constitution of societies. “ an event which would otherwise overwhelm Another material defect was found in the pro.“ him. The individual depositor, not the con. vision made against a fraudulent or inequitable “ tributor to a common fund, is really the disposition of the funds, or dissolution of the “ speculator. If no sickness attacks him during society. The facility given to combinations “ his years of strength and activity, and he was a further abuse of the old system. The “ dies before he is past labour, he has been suc. preamble of the act of 1819, in its recital, “ cessful in his speculation ; but if he fall sick averred the utility of these institutions, as well" at an early period, or if he live to old age, he to the community as to individuals, an aver. “ is a great loser ; for his savings, with their ment in which the committee fully concur. " accumulations, will support him but for a
“ The opinion,” says the report, “ which “ short time in sickness; or, even if he retain “ some persons entertain, hostile to the forma" something in old age, after having provided “ tion of any common fund by contribution for his occasional illnesses, the annuity which “ among the lower classes, and the preference “ he can then purchase will be very inferior “ given to individual savings, induce your com. " indeed to that which he would have ab“ mittee to consider the claims of these socie- “ tained, if he had entitled himself to the “ ties in some detail. It has been observed, “ benefit of the accumulated savings of all those “ that the hostility to friendly societies has " who, having contributed for many years to a “ been no where more strong or controversial “ superannuation fund, had never reached an " than among the patrons of saving banks. Of| “ age to require it. A common fund, in all “ these institutions, which are not referred to “ cases of contingency, is not less obviously for “ them for consideration, your committee will “ the interest of the public. The unsuccessful “ only say, that they are undeniably calculated speculator described in the last illustration, “ for many very useful purposes, some of which“ in other words, the depositor in a saving bank, “ cannot possibly be secured by institutions of “ who falls into habitual sickness, or reaches “ mutual assurance; but your committee affirm,“ old age, must either starve or come upon his “ without hesitation, as equally undeniable, “ friends or neighbours, wholly or partially for " that it is by the contribution of the savings!“ support. In this country the poor laws will " bring him upon the parish. The parish will the form of enrolment, and the authentication “ lose all that the more fortunate speculators of the copies ; points upon which there is some “ gain. The parochial funds must supply the discrepancy in the acts and in the practice of “ difference between the expense of maintaining the counties; and the committee recommend " the sick and aged poor of the parish, and the the example of the county of Kent, where the “ amount of the accumulated deposits of those act appears to have been executed with propriety “ sick and aged persons only: whereas, if the and judgment. In the opinion of the commit« people contribute to a common fund, the tee, the bench of justices have in many counties « parish will have to supply the difference be. been satisfied with the signature, to tables of “tween the expense and the accumulated con- payments or benefits, of persons whose opinion “ tributions of all the people; which difference, upon the probability of sickness and the duration " if the society be well constituted, will be of life was not to be depended upon. The com“ pothing. Your committee are very anxious, mittee especially call the attention of the house " that in thus comparing, as they feel bound, to the inquiries which they have pursued with a “ saving banks with friendly societies, they view to the formation of accurate tables for the u should not be understood to depreciate the use of friendly societies. They acknowledge, « former ; all they insist upon is, that for the however, that the rate of mortality and sickness « particular purposes to which friendly socie- in England is not at present sufficiently well “ ties are applicable, saving banks are entirely ascertained to justify a parliamentary enact. “ inefficient, and that those purposes are highly ment of any particular set of tables. By a peti. et beneficial to the people and the state." I tion, referred by the house to the committee,
One of the first endeavours of the framers of and from other quarters, suggestions were made the act of 1819 was to define the objects to for establishing a central board, or office, for which friendly societies should be applied. the approving, in the first instance, of the cal. Those were, “ the maintenance or assistance of culations upon which friendly societies are " the contributors thereto, their wives or child. formed, and subsequently watching over their “ ren, in sickness, infancy, advanced age, management. The committee say they are not " widowhood, or any other natural state, or prepared to adopt this suggestion ; but they are “ contingency, whereof the occurrence is sus-of opinion, that the same objects may be accom. “ ceptible of calculation by way of average." plished in a mode which will require but little The first enactment of the act was intended to alteration of the law, and which will not excite engage the more particular attention of the ma. alarm or jealousy. By the present law, every gistrates in quarter-sessions in its administra society which desires to avail itself of the go. tion, and to point out to them some material vernment debentures is required to send to the objects of inquiry ; reminding them, that the national debt office copies of the rules, after proportion between the payments and the at they have been enrolled at the sessions. The tendant benefits was an essential point in every committee propose, that the rules of friendly plan which they were required to consider. societies shall be transmitted to the national The act provided that the duties which it pre- debt office previously to enrolment; and that scribed to the justices might be performed, the actuary of that office shall perform, either either by the bench collectively, or by any com- singly or in conjunction with another calculator, mittee of no fewer than three justices. In their to be named by the commissioners, the duty of report the committee are decidedly of opinion, examining and certifying the tables of payments that this reference to a committee will, in and benefits, and the rules connected therewith; almost all cases, be the more advisable course. and he should be required to accompany his The bench, or committee of justices, were to certificate with such observations and sugsatisfy themselves as to the fitness of the contin. gestions as may appear to him useful towards gencies for which it was proposed to provide. furthering and securing the object of the so
There is reason to believe that due attention ciety. The enrolment at the sessions would has not always been paid to this direction of then proceed as at present. The managers of the law, and that rules have been admitted saving banks are required to furnish to that whereby an allowance has been promised to office annual accounts, in a form prescribed. persons confined for debt. The committee bave The committee are inclined to think, that there no hesitation in pronouncing that all rules of could be no reasonable objection to placing that sort, referring to contingencies not “ na friendly societies on the same footing in this “ tural," ought in no case to be allowed. In respect as the saving banks, or in requiring reference to the number of persons of whom a them to make to the office in London periodical society ought to consist, the committee, observ. returns in a prescribed form, whence the state ing that it is clear that a very small society of their affairs might be deduced. If this procannot be secure, as among a few individuals vision should be thought likely to excite alarm, the law of average will not operate, add that it would be enough that the office should furnish they think it desirable that no society should each society with a form of the return, and with consist of fewer than 200 members. A more instructions for keeping their books; and declare specific provision is necessary with respect to a readiness to give an opinion upon the sufficiency