The Sun.
London, England, 1830-12-21 00:00:00

COURT OF CHANCERY.

The House then proceeded to resume the adjourned
debate upon Sir Edward Sugden's motion for returns
relating to the Court of Chancery.
Mr. M. A. TAYLOR complained that the late Soli-
citor-General had taken a vast deal too much credit to
himself for his proposed Reforms of the court of Chan-
cery. His zeal and activity on the subject had corn-
menced only after the Right Hon. Gentleman's removal
from office; while he and the late Lord Chancellor kept
*their situations they made many speeches but effected no
reform% He (Mr. M. A. Taylor) had brought forward
the subject as long since as the year 1810, but he had
always been opposed from party motives, and Lord Eldon
had once threatened to resign the Seals if the motion were
carried. After alluding to the Chancery Commission, out
of which he had been purposely left, the Hon. Member
complained that in 1826 Lord Lyndhurst, as Attorney-
General, had promised a Bill to reform the Court of
Chancery, and after a speeds of two or three hours
had never introduced his measure. In 1827 the Bill
was brought forward, but it was found not to embrace
half the reforms promised in the speech ; and in 1828,
as in 1827, nothing was done. In 1829 Lord Lyndhurst
obtained leave to bring a Bill into the House of Lords,
hut it was introduced too late in the session, and it was
abandoned. All experience showed that nothing in the
way of Reform could be accomplished unless the Lord
Chancellor or a Committee of the House interfered to en-
force them ; after twenty years spent in idle debate, no-
thing had yet been accomplished for the benefit of the un-
fortunate suitors. The Hon. Member for Weymouth hail
said a great deal in favour of enactinents to accomplish his
projected reforms, but he did not seem to be aware that
the Lurd Chancellor was himself competent to make nine-
tenths of the necessary changes without the aid of legisla-
tion. With regard to the arrear of business, it was a fact
which ought to be stated to the credit of the Master of the
Rolls, that at the present moment he had not a single cause
before him ; while the Vice-Chancellor, from no fault, but
arising out of circumstances over which he had no controul,
was suffering under the pressure of two hundred causes.
The Master of the Rolls had expressed his readiness to
divide them with the Vice-Chancellor until the art ear was
overcome, if the Bar would consent to such an arrange-
ment. The lion. Member contended that the Six Clerks'
Office ought to be at once and entirely abolished, and
that business in bankruptcy ought to be severed from
the Great Seal : if it were not severed, this enor-
mous source of taxation upon the parties ought to be re-
formed. He farther urged that many of the patent places
connected with bankruptcy in the Court of Chancery
ought to be abolished. He was a decided enemy to the
political character of the Lord Chancellor; his avocations
as a politician interfered with the discharge of his duties
as a Judge, and occasioned that arrear which was the most
crying evil. What lie (Mr. Taylor) wished was, that
the Lord Chancellor should be only a Judge of Appeal,
sitting in the House of Lords, and that others should be
appointed to decide the business in his Court. He did nut
mean to blame Lord Lyndhurst mora than Lord Eldon.
He certainly thought that Lord Lyndhurst ought to have
remedied the abuses which had been left untouched by
Lord Eldon. For the twenty years .during which the
latter had been at the head of that Court, nut one useful
alteration did he effect. But when these Judges bad
been unwilling to promote' Reflirm, it was the duty of the
Executive Government to compel them to remove the
grievances, or to substitute in the place of those Noble
Lords, a Chancellor, who would not persist in supporting
abuse. He (Mr. M. A. Taylor) bad received an immense
number of letters, complaining of the management of bu-
siness in that Court ; amongst others, one containing
sixteen sides of paper closely written, from a lady, near
Bungay, in Norfolk.—(Laughter.) If Parliament would
look to the hardships endured by numerous families,
starving and writhing under the inflictions of the Court
of Chancery, they would be convinced of the necessity of
its reformation, and they would confer the greatest benefit
upon the country. But hitherto, notwithstanding all the
elocution that had been employed upon the subject, there
had not yet been one iota of practical Reform. Looking
to the former career of the present Lord Chancellor, he
had every hope that that Noble and Learned Person
would either of himself introduce measures of effectual
Reform, or, if he found himself unable to do so, he would at
once come down to Parliament for the necessary assistance.
But with regard to patent places, if some Member of the
Government should not take the matter in hand, he
(Mr. M. A.Taylor) would himself bring the subject for-
mally before the House. Whoever might be the Lord
Chancellor, he (Mr. Taylor) would never give up that
question until he should see it carried. He concluded by
repeating his confidence in the present Lord Chancellor, I
and that the day was not far distant when the people of
this country would be able to look upon diet Court ,o; a
protection and a blessing, instead of a curse.
Mr. J. WILLIAMS thought that there was no likeli-
hood of specific benefit from continuing the conversation,
as there was no specific measure in view. Ile would ob.
serve, however, that a diminution of the jurisdiction of
the Court of Chancery would be most effectual, and ought
to be the tirst step towards Reform. The Bill of inter-
pleader, and other recent measures, had had an excellent
effect. It was very evident to him, however, that no re-
form of the Court of Chancery could come from mere
speeches ; it was only by slow end painful steps that that
could be accomplished. He, nevertheless, thought be saw
the light coming; and that the change would be effected
by the introduction of successive Bills, by which the in-
terference of the Court of Chancery would be diminished,
and the application of the other Courts which were more
open, should be brought to bear on what was conceived to
be the jurisdiction of the Court of Equity. Mention had
been made of the Noble and Learned Lord at the head of
the Court of Chancery. He (Mr. Williams) would be
the laot man to deny that every public. Minister was not
the subject of public discussion and public observation. If,
therefore, his Hon. and Learned Friend (Sir E. Sug.
den), speaking manfully and fairly, as it was the undoubt-
ed privilege of every Member of Parliament, had
commented on the fitness of that Noble and Learned
Lord, there would have been no ground for complaint.
IBut if it was intended by his lieu. and Learned Friend to
doubt the capacity of that Noble and Learned Lord for
the situation which he now filled, he (Mr. Williams),
who had sat side by side with that Noble and Learned
Lord for many years, would take leave to say, that those
who had seen him only in that House were unacquainted
with his Herculean powers of labour and stupendous in-
dustry, which extendorover a space of which few had any
idea ; and he (Mr. Williams) bad no doubt that if that
Noble and Learned Lord was allowed to remain in his
present position for only a reasonable time, either he would
die under hie exertions, or he would make himself a most
accomplished Magistrate to preside in that Court, and he
rendered, by means of his capacity and variety of talents,
an ornament of that position in which lie was placed.
Mention had also been mule of the Chancellor of the Ex-
chequer; and he would, therefore take that opportunity
at saying, that it had caused the greatest disappointment
in the profession to learn that there was no likelihood of
another Noble and Learned Lord being raised to the bead
of that Court ; and well was he persuaded that nu attempt
to force business into that Court could have proved a
hundred] part so effective as raising that Noble and Learned
Lord to the bench. He (Mr. Williams) had practised under
that Noble and Learned Lord, and he had no hesitation in
saying, that such an elevation would be attended with
upopularity, and that that popularity would be ac.
clrh panied with a great accession of business, to that Court.
In conclusion be could not help saying, that his lion. and
Learned Friend (Sir E. Sugden) had its some degree dia.
appointed him, in having discussed so many topics, with-
out producing any measure applicable to the case
.of
abuses that he had made out.
hir. SPENCE had been much surprised at the speech
of the 'lion. and Learned Gentleman who had just sat
down, as its character was so very diticrent from what his

I speech on the same subject last year had been.—(Hear.)
But the great question was, could they reform the Court
of Chancery ? Ile thought that they could. It was with
great pleasure that be had heard the speech of his non.
and Learned Friend (Sir E. Sugden); and he was sorry
that it had not been followed by some Bill or ether mea-
sure, in which case he was stne that the whole Houle
would have been with him, and there would no longer
have been cause to complain that their discussions ended
in speeches, or, as the Hon. Member for Middlesei had
said, in splashes. In his opinion it was the House of Com-
mons alone that could reform the Court of Chancery. With
respect to complaints against the system, they were as old
as the Court itself; but the mistake had been that the
Legislature had left the remedy to the Government, and
the consequence was that the evils bad acCumulated till
they had become intolerable. What had been the effect
of Lord Hardwicke's orders? Why, that they had been
violated in several most important particulars, such as
j the copies of reports and expedition money ; so that it was
quite evident that remedies coming from such quarters
were futile. Let who would be Chancellor, the tact was
that these abuses must always escape him in the multi-
plicity of his business. In 1813, too, the Commission
had particularly noticed expedition money and gratuities,
and yet they existed to this very moment. The amount
of sinecures and plurality of places wax also abominable
' and extensive, and required pruning with an unsparing
hand. He now came to the Registrar's Office. In the
year 1797 the income of the Senior Registrar was 1,131/..
while the whole amount of lees was 4,84.7/. 9s. But at
the present time the Senior Registrar actually received
1,9614 ; and the sum total was no less than 21,6011. ;
and yet, in 1792, the Registrars were in full employ, and
satisfied with their emoluments ; the way in which this
was done was by stuffing the decrees (with the exception
of the decree of dismissal) full of recitals. But, perhaps,
it would be asked, were not these recitals of use ? Of
use! They were perfectly useless; for if their Coun-
sel wished to cite any of them, he would be told—
and told properly too—that he must produce the ori-
ginal Bill. The next was the Masters' Office. The
sums received by the Masters in 1797 Was 13,6641. ;
bat, at the present time, the principal clerks of the Mac-
ters actually received more for their own share, for they
received no less than 13,852/, while the junior clerks
had the additkin of 5,143/. ; and the Masters themselves
no less a sum than 89,0001. He would now go on to the
Report Office. In that office the clerk had a mere sine-
cure place, for all the real effective business was done by
the clerk of the desk. In 1797, the sum received was
1,069/., which, at the present time, had increased to
4,589/. With respect to the Masters' office, he might
observe, that the principal increase there had taken place
from the number of copies ; since, then, they had thus
ascertained what was the cause of the evil, it became
much more easy to apply a remedy ; and he must confess,
that, on this point, he differed from his Hon. and
Learned Friend (Sir E. Sugden), as be thought that the
best way would be fur the solicitors, on either side, mu-
tually to hand over copies. The solicitors were now
remunerated by fees on warrants, and these warrants were
taken to give them an adequate salary. He contended
that these fees, though they had long been received, were •
exacted without any right. The Masters' salaries he
would fix at 2,000/. a year, which he deemed sufficient
for the office. They would then be competent work-
ing men, nut men appointed for political influence;
and, fixing the Masters' salaries at that suns, he would
abolish their fees He would next state his opinion
on a very important subject—he meant the Jurisdiction
Bankruptcy—and his opinion was, that the Lord Chan-
cellor ought to receive a salary instead of fees. Till that
was settled, he was sure the projected reforms of the law.
could never be effectually carried into excution. He
thought the Chancellor himself must wish not to be the
only Judge in the law who is paid from exceptionable
fees. Other Judges had their fees commuted, and were
paid salaries; and this ought to be the case for the Lord
Chancellor. If that were done there might be a reform
of the bankruptcy jurisdiction ; and if that were not done
such a reform could never be seen. In 1797 the fees re-
ceived by the Secretary of Bankruptcy amounted to
1,1001.: 500/. went to the clerks, and 600/. to himself.
Then none of those fees went to the Chancellor. Now the
fees were 10,000/., and 4,0001. of these went to the Chan-
cellor. He would pass over the other parts. The broker's
share in 1828 was 1,8481. ; he was sure a broker might be
found for 1,0001. a year and so much would be saved. The
Hon. Member showed how other savings might be made in
reducing the Amountant-General's salary. The Six Clerks'
Office, he thought, ought to be utterly abolished. It was an
irremediable mass of evils. lie approved highly of the
appointment of Mr. Visa** and he thought no man so
good to be about a Chancellor who had to reform the law
as that gentleman. The clerks in this office gave no gums
rantee for correct copies of the orders, and when these
officers of the Court were complained of for mistakes, the
Court would give no remedy. " The Hon. Member next
complained of the evil of solicitors not knowing the prac-
tice of the Courts like the attorneys of a Common Law
Court. Even the Judges themselves did not know the
practice of the Court of Chancery; and instead of pre-
scribing it, they, like the solicitors, had to learn the
practice from the clerks and officers of the Courts. The
Judges, when they made orders, never recited the orders
made by their predecessors—so that nobody knew, or could
know, the practice. It was differently determined by
different clerks ; he knew a case of a man turned round
only within a few days on a point of practice, and
obliged to pay more costs than the sum in dispute.
Writers on the subject could not tell what the practice
was. This was a vital evil which required a vital re-
medy ; which he considered could only be done by abolish-
ing the Six Clerks, who were the depositories of this
practice, and by this Judges making a body of rules for the
practice of the Courts. He had known 1201. paid on
each side for taxing bills of costs, which was done by
these Clerks. This power, thee, ought to be taken out of
the hands of the Clerks of the Court who had this busi-
ness to perform, and who had an interest in multiplying
fees. The Clerks in Court ought to be abolished ; the six
Clerks were of no use; each one of the six Clerks was
only two months at the office in the year, when he did
nothing; and for these two months of idleness each Clerk
received 1,200/. a year. lie would pay ell officers about
the Courts who were beneficial to the suitors, and all who
were not beneficial to the suitors he would at once got rid
of. The lion. Member then proposed that the records
should be kept on parchment, like books, which would
be better than the present system of keeping them.
Now, by the different papers being kept at different
offices, recitals were necessary, which occasioned end-
less expense. By this plan the different records would
follow each other consecutively on different pages, and
would always he easily found and referred to. He
was not surprised at the expencti of a Chancery suit,
when he knew the immense number of copies that were
made of all these papers. Sometimes the same sent.trice
might be found copied more than twenty times, each copy
of which had to be paid for. By this plan also he should
get rid of the Enrolment Office ; for at present, after a
party had gained a decree, it was of no use to him, unless
he entered it at the Enrolment Office, where it was buried
for ever. He had the intention to move a series of resole.
tions, corresponding to these opinions ; but he would not
embarrass his Majesty's Ministers. He bad seen, however,
too tunny promises broken to place implicit confidence in
any men, and lie would from time to time bring the sub-
ject before the House, till he had made, what he thought
the Court of Chancery might be made, a substantially
useful Court to suitors. In conclusion, the Hon. Member
declared that he wished that the Courts of Common Law
might be kept free from the ruler of the Equity Courts;
and he hoped to see both Made so perfect that no man should
have his cause referred by a Judge to be decided by an
arbitrator.

Sir E. B. SUGDEN then suggested the propriety of
adjourning the discussion.
Mr. R. GRANT said, that to let an unresisted motion
go on to a third night, would indeed be an extraordinary
proceeding.
Mr. CAMPBELL protested against the doctrine that it
was a calamity to have the Great Seal intrusted to a com-
mon lawyer. De would contend ' that en acquaintance
with the Common Ltw formed the beet foundation for
the acquirements of an Equity Judge. lie said that sup-
ported by one of the highest authorities that could be pro-
duced upon such a subject—that authority was no lass
than Lord Eldon. That Noble Lord said most truly,
that the most eminent Chancellors were common lawyers
—were men who began their professional career at Quar-
ter Sessions, and went Circuit. Lord Eldon himself
went the Northern Circuit, and led there Sir Samuel
ltomilly, who practised at Seesions for sixteen or seven-
teen years, and went Circuit; and he felt perfectly as-
sured that that was a better education for an Equity
Lawyer than driving a quill in the office of an Equity
Draftsman.

Sir C. WI THERELL then robe to aims thu Houle.

Mr. 11. HUGHES proposed an adjournment..
Mr. O'GORMAN MAHON was about to second the
amendment, but immediately changed his intention, and
required that the House he counted.
Strangers were ordered to withdraw, and the House ad..
journed at a Quarter peat Twelve o'clock.

BER.NADOTTE, King of Sweden, is reported
have said, " I have so warlike an appearance, that vviien
look in the glass I am afraid of myself."

SPECIAL COMMISSION.

WINCHESTER, Dm.. 20, AT Noox.

The appearance of this city thin owning presented a
scene of unusual activity and bustle. A considerable
number of persons, many of them witnesses, and many the
friends of the prisoners, came into town at an early hour.
Those of the latter class were to be seen in the vicinity of
the gaol, anxious to catch a glimpse of their friends as they
should come out on their way td Court. The number of
Magistrates and other gentlemen of the county in attend-
ance here is also very considerable.

There are uptivanis of SOO prisoners for trial; a vast
proportion of that number committed fur very serious of-
fences. The following abstract of the calendar will pre-
sent a correct notion of the nature of the charges, sad of
the character of the late riots in this conety. The pri-
soners are here classed according to the nature of the of-
fenres charged, and not according to the commitments as
they stand in the calendar and robbery, 66 ; rob-
bery, with which riot it not charged, 49.
It is to be observed that though many of the commit-
ments were made out for robbery only, there are few, if
any cases, in which that crime was not accompauied by
riot. In six of the cases the parties stand " further
charged with other felonies and misdetneanours." For
riotously assembling and destroying the machinery of fan.
tories, iron works, buildings, &c., 61 ; riotously assem-
bling and destroying thrashing and hay-making machines,
; riotously assembling, to the terror of the King's sub-
jects, and in breach of the peace, 62. Of these 62 cases,
there are two for compelling clergymen to sign papers to
reduce tithes; two for compelling farmers to sign agree-
ments to pay a certain rate of wages to their labourer.;
two for compelling parties to join riotous assemblies; one
for resisting a magistrate in the execution of his duty ; two
or three for riot and assault; one for riot and rescue;
one for refusing to disperse when the Riot Act was reed ;
and one for refusing to find sureties to keep the peace ; five
with menacing, and by force demanding money, provi-
sions, drink, &a. ; three for resisting the dispersion of an
illegal assembly; for sending a letter, threatening to burn
a house, one; for sending a letter, threatening to kill, one;
for destroying the poor-house of the united parkhes of
l3ramshot, Headley, and Kingsley, nine. (There were
upwards of 1000 persons in the uanb which destroyed this
building.) For destroying the workhouse of the poor of
Selborne parish, eight. (There were upwards 300 as-
sembled on this occasion.) It will seem strange that,
notwithstanding all we had heard of fires in this county,
there is not one commitment for arson.

Of the parties in custody, some are charged with a great
number of offences, and appear to have been most active
in every kind of outrage : for obvious reasons, we do not
give the names of those parties. With one or two excep-
tions, nearly all of the prisoners are persons who resided
in this county or the adjoining. One men only who was
a stranger took an active part in the riots.
The whole of the offences are charged on some one
day between the 19th and 26th of November (both in-
clusive.)
The course that may be adopted with respect to the
trials will depend a good deal on the result of the first twu
or three cases submitted to the juries. These will be the
most serious cases. The whole three Judges will continue
to sit together to-day, but it is probable that to-morrow,
(kr the day after, they will find it necessary to try in the
second Court before one of the Judges, leaving the two
others in the Court they are now in. In order to expe-
dite business, they talk of sitting on Christiniukday after
church time, and even with this it is not expected that
the business of the commission will,„ be finished here by
Monday next.
The Court was not opened till ten o'clock this morning
to the public, but as early as nine o'clock the Magistrates
were admitted through the court-keeper's house into the
different seats reserved for their use by the }Egli Sheriff.
The reports for the different journals were admitted at the
same early hour, and found that every attention bad been
paid to their convenience by Messrs. Hopkins and Dunn,
the under•sheriffs of the county.
. . .

At ten o'clock the Commissioners entered the Court,
accompanied by the High Sheriff (G. P. Jervoise, Eaq.);
Mr. 13aron Vaughan presided ; Mr. Justice James Parke
sat on his right, and Mr. Justice Alderson on his left.
The other Commissioners (Mr. Sturges Bourne and Mr.
It &lard Pollen) were also present, The Duke of Wel-
lington (the Lord Lieutenant of: the county) entered
'hardy after them. It is almost unnecessary to add, that
the Court, as soon as opened, was crowded to repletion.
The attendance of Magistrates was, unusually numerous.
Mr. Baron VAUGUAN then proceeded to address the
Grand Jury iu the following charge:—
" Gentlemen of the Grand Jury,—.We are assembled
by virtue of an extraordinary commission, which his
Majesty hat been advised to issue, for the purpose of ex-
ercising the criminal judicature of the country at a season
of the year not usually devoted to such solemnities. It is
hardly necessary to speculate
,on tbe causes from whence
that spirit of tumult has arisen which has recently dia-
turbed ea many parts of this kingdom. It is said to have
originate,l from the severe diagram of the lower orders.
To a certain extent no doubt it may be so, and every man
poi muted of the feelings common to our nature must deeply
lament it, and endeavour to alleviate it (as you, gentlemen,
no doubt have done, and will continue to do) by every
means which Providence has placed within his power.
Yet it is to be feared, that there are person, who, for the
basest purposes, have greatly exaggerated the pressure and
extent of the evil, and instead of attempting to mitigate
it, hare used it as a means of tarrying their own wicked
designs into effect. One of the means employed in order
to captivate the labourer, and to engage him in tumult
and crime, has been to persuade him that the use of ma-
chinery occasions a decrease of the demand for personal
labour, and a corresponding decrease of wages, and conse-
quently that it must of necessity operate injuriously on the
lower orders of the people. But this is, as it seems to me,
taking a very limited and erroneotte view of the subject.
Thrashing-machines facilitate the operation of extracting
the corn from the ear, and perform it more effectually
than manual labour, whereby the produce is increased, the
expense of preparing and bringing it to market reduced,
and, consequently, the price of this minutial article of life,
is some degree at least diminished. Besides, the same are
gument which justifies or recommends thedestruction of the
thrashing-inechine would also apply to the abandonment
of the use of the flail, the spade, the hoe, the axe, or any
other, even the rudest instrument, by which agricultural
labour was abridged or rendered more effeetive; and if this
right were 'tweeted to the agricultural labourer, what
rem on cm be assigned for denying the minim of a similar
right to those who are employed in the fabrication of
cloth, I nett, cotton, or any other article wrought in the
various manufactures of the kingdom ; and if all were to
act upon these supposed rights, and machinery to be pro-
hibited altogether, can any one doubt what fatal conse-
quences must result to all the agricultural, commercial,
and manufuturing chases of this greet kingdom? I for-
bear to enter into a question which it is not within our
province as tre'nisters of the law to dismiss. The office
of the Judge is to dealer., expound, and execute the
law. It my be sufficient, therefore, to observe, that
it is the undoubted right of every subject of the kingdom
to employ his capital and to conduct his busittems,
whether engaged in agriculture, commerce, or manu-
facture*, in such mariner as he may think most condu.
cive to his own interest, unless where the wisdom o/'
Parliament has controlled hies by Ityislative restrictions.
He has the unquestionable privilege of availing him-
self of his own discoveries, or, by agreement or purchase,
of the discovery of others ; and no reason an be
assigned why thrashing-machines rhead not be pro.
tected by law, sa much as any other species of property.
It now becomes my duty to offer to you endse observations
upon the present state of the erimieal Isere with reference
to the various bills of indictment which are likely to he
laid before you. The capital felonies will probably be
reduced to four several heads:--Ist. Such as arise out of
the Statutes passed for the prevention and suppression of
riotous and tumultuous assemblies ; 2d. The crime of
arson ; Belly. Robbery from the person ; dthly. Robbery
or stealing in dwelling-houses. To which may be added
other felonies, not capital, vitt. The seeding of
threatening letters; ilk. The destruction of or damaging
with intent to destroy or render useless thrashing-machines,
or any machine or engine prepared for or employed in
any manufacture. With regard to the law, es it regards
riotous and tumultuous assemblies, many persona have
fallen into the error of supposing, that because the law
allows one hour fur the dispersion of a mote to whom the
Riot Act had been read by the Magistrate, that during
that period the civil power and the magistracy are dis-
armed, and the King's subjects, whose duty it is at all
times to suppress riots, are to remain quiet and passive.
The language of the Act does not warrant any such
coutitruction, nor could such have been the
intention of the Legislature. The civil authorities
are left in possession of all the powers with which
the law had previously invested them ; and if, titter the
proclamation read, and before the expiration of the hour,
attempts were made to perpetrate any felawiutis outrage, it
would be the duty of every person to endeavour to stop the
mischief and to apprehend the offender. I
proceed next
to the crime of arson. The law upon this subject is
clesrly defined by the 7th and tith of (co. IV. c. Sfis
which incorporatea the provisions of former statutes rief
lacing to this subject, and consolidates them into two
simple enactments contained in the 9tl and 17th -14","4
The td aCctivr. entlatittitts it cartel Ain tudikwit„llHl

and maliciously to set fire to any church or chapel, or to
any chapel for the religious worship of dissenters duly
registered, or to soy house, stable, coach-house, outhouse,
warehouse, office, shop, mill, malamute, hopeoest, barn,
or granary, or to any building or erection used in carry-
ing on any trade or manufacture, or any hraoch thereof,
whether the same or any of them respectively shall then
be in the possession of the offender or in the possession
of any other person with intent thereby to injure or
defraud any person. The 17th section renders it also
a capital offence " unlawfully and maliciously to set fire
to any stack of corn, grain, pulse, straw, hay, or wood."--
And the latter part of the same section subjects any
person who shall unlawfully end maliciously set fire
to any crops of corn, grain, or pulse, whether standing or
cut down, or to any part of a wood, coppice, or plantation
of trees, er to any heath, gorse, forte, or fern, whereeoevei
growing, to transportation for seven year*, or to impri-
sonment for any tern tint exceeding two years, according
to the discretion of the Court before Whom the offender
shall he tried. Before I close this head of crime, it may
be useful to advert to the operations which the law has
reeently undergone. The 7th Gen. IV., t. 64., see. 9,
enacts that if any person shall counsel, lwecure, or com-
mand any other venom to commit toy felony, whether the
mute be a fehmy at common law or by virtue of any statute
made, or to be made, the lemon so counselling, retelling,
or commanding, shall tie deemed guilty of aelony, and may
be indicted and convicted, either as an accessory before the
fact to the principal felony, together with the principal
felon, or may be indicted at convicted of a euhstantive
felony, whether the principal felon shall Lave been pre-
Viously convicted, or shall or shall Wet lie amenable to
justice ; and if the offence of the accessory be committed
in one county, and if the offence of the principal in an-
other, the accessory may be tried in either. 1 ptoceed to
the next class of ewes, comprising robbery from the per-
son., and robbery or stealing in dwelling-houses. Robbery
from the person is suleect to a capital punishment by the
7deand tatli Geo. IV., chapter 29, sect. 6, which, in
accordance with the provisioue of a former testele, enacts,
tha; if any person shall rob any other peteon of Any chattel,
money, or valuable security, every such offender, being
convicted thereof, shall stiffer death as a felon. And,
by. the general provisions of section 61, principals
in the second degree, and accessories before the fact,
are punishable with death, as principals in the first
degree,' anti accessories after the fact (except receivers
of titehen property) are liable to imprisonment fur
two years. To you it may be unnecessary to observe
chat principals in time first degree are those Who have
actually, and with their own bends, committed the fact.
Principals in the second degree, are those who were pre- ,
sent siding and abetting at the commission of the fact, and
have been more generally teemed eiders and abetters. An
accessory before the fact Is he who, being absent at the
time the offence is committed, sloth yet procure, counsel,
or command, any other to sommit a felony. An accessory
after the fact, is a person who, knowing a felony to have
been committed by another, receives, relieves, comforts, or
assists the felon. As connected with tot,bery from the
person, it may be well to observe, that the latter part of
thus pante section, sir. the 6th section of the 7th and 2th
of Geo. IV., chap. 29, Plaices—that if any person shall
steal any such such property as described therein, from the
person of another, or ;hall assault him with intent to rob,
or shall with menaces or roma demand any such property
with intent to steal the same, although the robbery be not
completed, nor any property in fact taken, the offender is
LIMN on convictioneto be transported for life, or for any
term not lees than seveet years, or to be imprisoned for a
term not exceeding four years, with public or private
whipping, tabu ouperadded in the discretion of the Court.
With respect to robbery or stealing in dwellitig-houtes,
being the last branch of capital felonies I have proposed
to consider, I would direct your attention to the 12th
section of the 7th and Hilt George lar. chap. 29, which
inflicts the penalty of death on any person who shall
break and eater any dwelling-house, and steal therein any
chattel, :matey, or valuable security to any value whatever,
or shall ,teal any such property in any dwelling-house, any
pecan therein being put in fear, or shall feted in any
dwelling.houste any chattel, money, or valuable security to
the value of W. or: more. Although the late requires a
breaking, (which in the ordinary sense of that word may
be taken to mean the forcing a door or window, &e.), as
essential to the completion of the offence, yet it has been
tit:termitic{ that a breaking, by construction of law, will
be auffieent, where an entrance into the house is obtained
by intimidation, fraud, or cooepirecy. Having concluded
ray ; observation's.. on the present state of the law, as ap-
plicable to the capital felonies which you will probably
baize eateeasiete to consider, I shall eddtess myself to the
taro reerieining offences...vie., lon, the sending of threaten-
tog letters; 2dly, the destruction of machinery. Upon
the *object Of threatening lettere, there are now two Sta.
totes ettly, the 4th of Geo. IV., c. Me and 7th and Bth
Glaris. c. 29, to which it can be necessary to refer for
an exposition of duelist! relating to them. By the former
Statute. it is enacted, " That if any person shall, know.
hi* or wilfully,. send or deliver any letter or writing,
with or withoutany name or signature subscribed thereto,
tar with a fictitious name or signature, threatening to kill
or murder any of his Majesty's subjects, or to burn or
destroy his or their houses, outhouses, hams, stables, stacks
of corn or grain, hay or straw, or shall procure, counsel,
eat or abet the commission of the said offences, shall be
adjudged guilty of felony, and shall be liable, at the dis-
cretion of the Court, to be transported beyond the seas
for life, or for such term as the Court shall ad-
judge, or be imprisoned for any term not exceed-
ing seven years, and kept to hard labour." By a
former Statute of the 27th Geo. II , c. 15, the mune of.
fence was eubjected to the penalty of death ; but that Act
being thought too severe, the latter Statute, after reciting
the expediency of affixing to the same crime a lesser degree
of punishment, retains the offence in the very terms con•
tainted. in the former Act, but reduces the punehment of
death to transportation. The only remaino4l class of or-
,
fames upon which I propose to trouble you with any on.
vereationt relate to the destruction and damage of ne-
t:Winery. Thu 4th section of the Act, pasted in the
and fith of Gvo. IV. c. 30, for etneolitlating mud umetel-
ing the liws of Bradawl relative to malicious injuries to
prole rty, cootaine provisions framed for the express pur-
pose of interesting thrashing machine* or any other ma-
chine or engine, whether fixed or movable, Inquired for
or employed in any manufacture whatsoever, with the ex-
teeptien of certain manufactures specially exempted from
the operation of that section. It enacts that any person
who shall unlawfully and maliciously cut, break, or, de-
*troy, or damage, with intent to destroy, or to render
mob**, any thrashing-molting or engine, whether, fixed
sr moveable, prepared for or employed in any manufacture
whattoover, except the manufactures therein specially ex.
etiipted; shell but liable to be transpated fir Haven years,
re to be imprisoned for any term not exceeding two years.
If the thrashing-machines shall appear to have leen taken
to pieces by their owners, from apprehension of dilutor
ar any other cause, but with the intention of putting
iltien together again fur use, the different parts of the
,nachine, whilst separated, are equally, I conceive, under
the protection of the Act as the machine itself in its
complete state. And although the epithet " maliciously"
6 teed, the Statute. expressly declares it is net neces-
retry, in prosecutions founded upon this Act, to ea-
Aisfy altos that the offender was instigated by malice.
ha-ve, thought it right to give you very full extract* from
the ettentesboak, of the present state of the laws as appli-
„cable to the various offences in your Wender. I would
willingly hope that this melancholy catalogue has not been
swollen by ,any want of the meet prompt, reeolutei and un-
eennpromitting exertions of the magistracy anal gentlemen
of property and icfluenee in every departmeut of the county.
Be insured there cart he no compromise or capitulation with
crime. The first concession to numbers tumultuostely es-
trembled in breach of the law, serves only to excite a keener
thirst for plunder, anti to increase the spirit of resistances
to the oonetitutea authorities of thus land. It may produce
a momentary suspension (cessation 1 cermet call it) of hos-
tilities, with the Wilma certain and speedy return with
augmented numbers and increseing fury to further mat of
outrage and aggression at a more convenient season.
At the conclusion of the charge, which took an hour
stud time minute* in the delivery, the Grand Jury retired
to their chamber to consider the different hills of iudict-
, meet which might be presented to them.
At twelve o'clock, the foreman of the Grand Jury, Sir
G. W. Rote, aceoropenied by his fellows, came into Court,
and returned a true bill against James Thomas Cooper,
and ail ether persons, for riotoutly and tumultuously as.
serobling on the 231 of November, at Fordingbridge, and
desteoying certain machinery at that place, the property of
11vesrs. Thompson and others,
The premiere went istion after placed in the dock in the
fattening miler 1,--James Thomas Cooper, aged 33 ;
George (.'harks, ; joseph Goulding, 23 ; George
,3loody, 113; John &Told, b 0 ; William Webb, 21 ;
&owe, Quietus, 20 'William Nw eman, 22 ; Joseph
26 ; 14'illieen *dente, 27; Weary Elcidge, 23 ;
julta 1 e abet, 114 ; Charles Reid, ; and Charles
Ropier, its. The hodietnent was read over to them, abd
they severally pleadeel" Not Guilty."
The vetoer Cooper is a middle-sized man, of a Pa"-
IlealY heavy, *den, and letenious aspect. lie is said to
1,„ a eipsey, and de datk tete of his complexion
renders the supportition very proliable. Ile has not the
slightest appearance of a lobouter itt - husbandry, and hit
dives was that of a London mechanise of the bettor eider.
• George Clarke is it fine, tall, active young man, with a