Chapter 9

Abinger, Lord Chief Baron, his judgment inPriestleyv.Fowler,77,78,95,96Ademantus,254Administration orders in bankruptcy,119-124Alehouse, the,252-270“Alton Locke,” slums described in,238American judiciary and working classes,93,94,95;and workmen’s compensation,103Appeals, cost of,175Artisans Dwelling Act, 1875,241Asquith, Right Hon. Herbert Henry, on workmen’s compensation,87Attorney-Generalv.The Edison Telephone Co.,83Bacon, Lord Chancellor,305Bail, unnecessary refusal of,226;statistics of this,228,229Balfour, Right Hon. Arthur James, on intemperance,255,256Bankruptcy,106-124;failures due to extravagance,115-117;not open to the poor,118;administration orders,120;exorbitant Treasury fees,122-124Bell, Alexander Graham,82Belloc, Hilaire,254Bentham, Jeremy, on legal evidence,192Bias in judges,96-103Bills of Sale Acts,168Black Act, 1722,218Blasphemy Laws,199,200Blue Books,301,302Bradlaugh, Charles,199Bridewell, the,9-10,213Bright, John,99Brougham, Lord, on imprisonment for debt,48,49;on the Evidence Amendment Act,193;on Chancery reform,287,288Butler, Samuel,211Cadaval, Duke de, arrested on mesne process,46Capias ad satisfaciendum,37,39Carlyle, Thomas, on history,21;on language,108,110;on fools,153;on land question,250Cattle maiming,216-219Chamberlain, Right Hon. Joseph, on workmen’s compensation,87-90;on administration orders,119,120;is housing work in Birmingham,241Chancery Court, and Lord Brougham,287Children, treatment of, in workhouses,280,282Closing time, regulations for rich and poor,263,264Clough, Arthur Hugh,169Cobbett, Sir William,186Coke, Sir Edward, Chief Justice, his description ofpeine forte et dure,11,201;on early Poor Laws,274,275Collier, Sir Robert, on imprisonment for debt,55,56“Compleat Constable,” The,4-7Conciliation in trade disputes,110Conciliation, preliminary of, in France,187Corporal punishment, advisability of, discussed,209-212Costs in police court, abolition desirabie,222Cottenham, Earl of, his Insolvency Bill, 1837,45-47County Court procedure, expense of,184Court of Criminal Appeal Act, 1907,194,197,198Crabbe, on lawyers,183Cranmer, Thomas, Archbishop of Canterbury, on divorce,125,126,127Crime and punishment,189-212Criminal Appeal, Court of,189Criminal Evidence Act, 1898,194-196Criminal Law Amendment Act,210Cruelty to Animals Bill of 1811,219Davey, Lord, on workmen’s compensation,92Deane, Mr. Justice Bargrave, on divorce,137Debt, imprisonment for, Old Testament view of,22;New Testament view of,24;Greek law of,27;Roman law of,31;in Papal Rome,34;in time of Henry III.,36-39;in eighteenth century,41,43;in “Pickwick,”45;mesne process,45;debates on, in 1837,46;in 1869,50-57;evils of,59-68;arguments against abolition,69-71;none in Germany,71;nor in France,72;wastefulness of system,72;encourages improvidence,157-160;in police courts,220,222;political views on abolition of,288-293Debtors Act, 1869,41,49-57,158Debtors’ prisons,41-47Dendy, Mr. Registrar, on divorce in County Court,146Denman, Lord, speech on imprisonment for debt,46Dickens, Charles, on imprisonment for debt,45;on the living wage,108;on the evidence of prisoners,194;on slums,238;on inns and innkeepers,257-259D’Israeli, Benjamin, slums described in “Sybil,”239-242Distress, law of,233Divorce,125-151;in time of Edward VI.,125-128;Act of 1857,131;hard cases of poor,133-141;necessity of using County Court,144-146,297Dogberry, abolition of discussed,223,224Edalji,217Edward VI.,126Edward VII.,126Eliot, George,174Elisha, and imprisonment for debt,22,23Elizabeth, Queen, her Poor Law,276Employers Liability Act, 1880,86Erewhon, treatment of crime in,211Erskine, Lord, and cruelty to animals,219Eviction,234Evidence, prisoners right to give,193;Criminal Evidence Act, 1898,194;of Crown not available to prisoner,207-209Exekestides,27False pretences,202,203Fielding, as a magistrate,213Fieri facias,39Fines in police courts, unfair incidence of,221,222;time for payment of,224;statistics of,225;abolition of,297France, no imprisonment for debt,72;divorce law,143,147;preliminary of conciliation in,187;poor law,283Fuller, on burning of heretics,200Geographical distribution of crime,216Germany, no imprisonment for working men debtors,71;divorce in,147Gilbert, Lord Chief Baron,37,39Goldsmith, Oliver,13,14Gordon, Cosmo, Archbishop of York, on divorce,128Gordon, Mr. Justice, of Australian Labour Court,110Governor of gaol, charity to poor debtors,65Grand jury,181Grantham, Hon. Mr. Justice,101;on poor prisoners defence,196Gray, Professor John Chipman, of Harvard,80;on judge-made law,81Haldane, Viscount,66,215Hale, Sir Matthew, Lord Chief Justice,100Halsbury, Earl of, on workmen’s compensation,92Hard labour for unconvicted prisoners,227,228Headlam, John, an old-fashioned Dogberry,227,228,229Herschell, Lord, on prisoners giving evidence,195Hogarth,10,15Homestead laws of America and Canada,293,294,295Hood, Tom,108Horn, Andrew, his “Mirror of Justices,”275Housing question,236-251;Royal Commission, 1884,242;Select Committee, 1902,244Identification of prisoners, present methods criticised,230,231Imprisonment for debt.SeeDebt.Innkeeper, independence of,258Jeremiah, and the living wage,108,113Jessel, Sir George, on imprisonment for debt,50Johnson, Dr.,4;on the poor in England,13,14;on public executions,15,16;on imprisonment for debt,70;on the formation of laws,70Johnson, William, miners’ agent, his views on imprisonment for debt,292Judge-made law,79-85Judgment summonses, statistics of,60,63Judicial irrelevancy,180Judson, Frederick N., author of “The Judiciary and the People,”94Justice of peace, utility of lay justices,231Kelvin, Lord,82Kingsley, Charles,108;on slums,238;on teetotallers,264-266,270Kipling, Rudyard,303Landlord and tenant,233-251Land transfer system, assists fraud,183Leniency to well to do in criminal courts, example of,205,206Licensing, class regulation of,253;section 4 of Act of 1904,256;effect of reducing number of licences,261;extension of hours for rich,263;prohibition of amusements,267Living wage,108,109,110Lysonsv.Andrew Knowles,175McMahon, M.P., on imprisonment for debt,55Malicious injury to property,217,218Manitoba, homestead laws of,294,295Marcus Aurelius,299,306Married Women’s Property Act, undesirable use of,161-170Matthew, and imprisonment for debt,24,25Maule, Mr. Justice, on divorce,129Maxwell, Rev. Dr.,13,14Mayence, public beer drinking at,262Medical officer of health, status of,248Menander, on marriage,163Mesne process, arrest on,45;abolished,49Mesnil, M. Henri, on divorce,143Moryson, Fynes,8,11,34,35Newman, Cardinal,307Ordeal of battle,308,309Overbury, Sir Thomas,11Overcrowding,245;census statistics of,246Parry, Serjeant,99Peine forte et dure,12Pepys, Samuel,4Pickersgill, M.P., on prisoner giving evidence,196Pickwick, and imprisonment for debt,45,47Piers Plowman, on debt,75;on law and poor,172,173;on lawyers,188Police courts, abolition of fines,297Poor law,271-284;Royal Commission, report of,272;in time of Elizabeth,276;in eighteenth century,276;in 1834,277;general mixed workhouses,278-284Poor man’s lawyer, necessity of,184-187Poor Prisoners Defence Act,194-197Priestleyv.Fowler,76-79Procedure and the poor,172-188Public houses,252-270.And seeLicensing.Railway Conciliation Boards, and their working,111,112Raleigh, Sir Walter,1,3Reginav.Thomas Hall,129Registrars of County Courts and private practice,72,73“Reformatio Legum Ecclesasticarum, The,”125Ridley, Sir Matthew White, on workmen’s compensation,87Rivers Pollution Acts,248Roe, Gilbert, author of “Our Judicial Oligarchy,”86,94Rogues and Vagabonds,4-7Ruskin, John,108Sabbatarianism, evils of,215Salford quarter sessions in 1824,17Salisbury, Earl of,244,245Schuster, Dr., on German system of debt collecting,71Scold, common, trial and punishment of,235Scots divorce,126Scott, Sir William,15Seisachtheia, The,29Selden, John, on marriage contract,150Shop lifting by ladies,204Sims, George R., his “How the Poor Live,”242,243Sittlichkeit,66Slums, legislation against,236Smith, Judge Lumley, on divorce costs,148,149Smith, Rev. Sidney, on prisoners’ right to counsel,190,191;on prisoners’ inability to give evidence,192Smith, Sir A. L., Master of the Rolls, on workmen’s compensation,89Smollett,9,42Snowden, Philip, M.P., and the living wage,109;on strikes,111Socrates, on thirst,255Solicitors, speculative,175Solon, and imprisonment for debt,27-31Starkie, Sir Thomas,17Stephen, Mr. Justice, decision in telephone case,82Stipendiary magistrates, want of in country,223;necessary in interests of justice,231Sumner, Lord,180,181Swift, on lawyers,181,182Taylor, Jeremy, his prayer for debtors,75Teetotallers, persecution of licence holders by,259;their ideals,260;Charles Kingsley’s views of,264-266,270Telephone, legal position of,82,83Tennant, Mrs., report on divorce,136Thackeray, on prisoner giving evidence,193Torrens Act, 1868,241Treasury fees on Administration Orders, exorbitancy of,121-124,298Twelve Tables, The,32Tyburn,7,15,16Vinogradoff, Professor,84Warrington, Harry, imprisonment for debt,45,46Webb, Mrs. Sidney, her report on poor law,280Weston, Richard, trial of,11,12Whipping, punishment of,6-9,209-212Witchcraft,100Workhouses,271-284.And seePoor Law.Workmen’s compensation,76-105;history of the law, of,76-84;employers liability,86;in Court of Appeal,90-93;in America,94,103;162,286;and conciliation,298Wyrley, cattle maiming at,219York, Archbishop of, on divorce,136,137

BRADBURY, AGNEW & CO. LD., PRINTERS, LONDON AND TONBRIDGE.


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