The Sun.
London, England, 1845-06-26 00:00:00

£3,321 8 0

‘ICIIIVEPPE'S SODA and other ALKALINE
LY WATERS continue to be manufactured, a uual, upon the
largest scale, at their several establishments, ands to.smaintiin their
supremacy over all others. Each bottle has its proper proportion of
alkali ; but, to prevent imposition, consumers are earnestly requested
to ascertain that a label, with their name, is over the cork of each
bottle of Soda Water, and.a label en each bottle of Lemonade and
Potass Water. Schweppe's Liquid Magnesia is of the finest quality,
Lid strongly recommended as a cure for gout, acidity of the stomach,
&c., by the first Londonphyslclans.

51, I3Cnlerm-street, London

THE CIRCUITS' COMMISSION
REPORT.
TO THE QUEEN'S MOST GRACIOITS MAJESTY.
Your Majesty having been pleased to issue a commis-
sion under the great seal, dated the 14th of February,
1845, directed to Sir James Parke, Knight, one of the
Barons of your Majesty's Exchequer ; Sir Edward
Hall Alderson, Knight, one other of the said Barons ;
Sir John Taylor Coleridge, Knight, one 01 the
Justices of your Majesty's Court of Queen's 13eneh ;
the Honourable James Stuart Wortley, Fitzroy
Kelly, and William Whateley, and John Green-
wood, Esquires, and Sir William Heathcote, Baronet ;
and Edmund Denison and Thomas Grimstone Buckriall
Estcourt, Esquires ; whereby, after reciting that it, had
been humbly represented unto your Majesty that the
circuits of the judges in England and Wales are very
unequal, as well in extent as with respect to the number
of causes tried upon such circuits respectively, and that
the intervals between the period of holding the same
in each year are also very unequal ; and that it had
been considered that some alteration in these parti-
culars might be conducive to the public good, yottr
Majesty was graciously pleased to appoint the said seve-
ral persons, or any five or more of them, to be your Ma-
jesty's Commissioners for inquiring and considering
whether it would be expedient, with a view to the more
convenient and better administration of justice, that any
and what alteration should be made in the division of
England and Wales into circuits for judicial business,
and in the periods for holding such circuits, and whether
it would be necessary or proper that any change should
be made in the law terms for the purpose of such altera-
tions, and also for considering in what manner such al-
terations may be best effected :
We, the commissioners, whose hands and seals are
hereunto set, have carefully examined into the cluestions
referred to us, and humbly report to your Majesty the
result of our inquiries.
We first proceeded to consider whether the in-
conveniences arising from the unequal division of
the year into two circuits are such as to require
a change, and how such change may be best ef-
fected. At present the interval between the sum-
mer and spring circuits is nearly eight months, whilst
that between the spring and summer circuits does
not exceed four ; and the former interval includes
the whole winter, with its long nights, and its increased
suffering, amongst the poorer classes. It cannot, there-
fore, be wondered.at, if, from the longer interval alone,
at the spring circuit, the civil business should more than
equal, and still less if, from the combined effect of both
causes, the criminal business should very greatly exceed,
that of the summer circuit ; and thus the burden upon
the jurymen at the two assizes is disproportioned, and
the prisoners committed soon after the summer assizes
are necessarily imprisoned for a much longer period than
those committed after the Lent assizes.
This has led to the special commissions for delivering
the gaols, issued for the last two years, under which
sittings have been held in the larger counties in the
months cf December and January. These have sup-
plied a remedy for the particular evils against which
they were directed, but are themselves liable to the
most serious objections. The sittings have been held
to the great inconvenience and expense of jurors,
sheriffs, and others, whose duties require their attend-
ance at the assizes, and who were called from
their homes once oftener in the year than heretofore.
They have been unattended by the same full bar which
the union of criminal and civil business attracts to the
ordinary assizes, which is not only an important benefit
to the accused, but a great security for the due adminis-
tration of justice ; and they have been presided over by
a single judge, a course by no means so satisfactory as
where two judges travel the same circuit, and have the
opportunity for mutual advice and assistance.
It appears to us that the necessity for a third circuit,
for criminal cases, with its attending advantages, may be
obviated, and the benefit of a more speedy trial of of-
fenders obtained by a permanent arrangement whereby
the circuits may occur at equal intervals of time, and the
business be equally distributed between the winter and
summer assizes.

And this can only he done by an alteration in the time
of holding the spring circuit ; for to alter the summer
circuit, and to fix it during the months of September and
October, would, we are convinced, be inexpedient. It
would take from the bar and the judges, and indeed the
whole legal profession, that wholesome vacation which
alone, by its annual recurrence, brings them back
with minds refreshed by leisure and varied study
to their important duties, and it would be to
devote a period of the year to the assizes at which
the gentlemen and farmers of the country, w ho general
have to act as jurymen, are otherwise much engaged.
In order, therefore, to divide the year eqiially, the
spring assizes must begin early in January ; think
about the 11th January would be found most conwe venient.
as being immediately after the Christmas quarter ses-
sions, when the gaols will have been delivered of the
smaller offences by the local magistracy.
In order to accomplish this,
changed; and we at one time stIPPQnd Hilary tt no must be
ponement of Hilary term b tilt the iiiat the post-
inning of March
would be the best arrann
But we have thought,
can fuller considerati— i
that it
is
desirable to have two
terms follow'
..ing each circuit, in order that there nay "...te
`n. opportunity of hearing and of disposing n! the 'motions
for new trials arising therefrom, and et o.'.::oling the par-
ties, where new trials are grattlytk proceed tow 'heir

We are satisfied that the bnsiness of the chambers in
London during the circuits is fully sufficient to occupy
the undivided attention of the fifteenth judge, who must
remain in town, and that his labours certainly equal, and
probably exceed, those of any judge travelling the circuit.
It follows, therefore, that only fourteen judges can be
spared for the circuits. On this supposition we have
proceeded ; and here a difference of opinion has arisen
aniont:st the members of the commission.
All are agreed that the northern circuit is at present
1 inconveniently long, and that the business of some ,tif
the smaller circuits might, without improperly pressing
upon the judges, be increased, and the northern circuit
divided ; but the only effective division which is practi-
cable with the present number of judges would dearly
involve the annexation either of Yorkshire or Lancashire,
or of some part of one of those counties, to the duty of
two judges other than those travelling the northern eit,
cuit.
Under these circumstances, three of our body, him
Baron Parke, Mr. Justice Coleridge, and Mr. Beckett
Denison, are of opinion that the convenience of the
country requires that some one of these divsions should
be adopted ; whilst, on the other hand, si;
of our body, viz , Mr. Baron Alderson, Mr.
Fitzroy Kelly, Mr. Stuart Wortley, Mr. Whately, Mr.
Greenwood, and Mr. Estcourt, 'think that no such
change should, for the present at least, be ad
With the exception of Arr. Baron Alderson, opted:the
are of opinion that no efficient and permanent Ste ration can be made without increasing the present
number of judges ; and be concurs with them in
thinking, that as the changes already suggested in the
terms, and the time of holding the spring assizes, will
allow sufficient space for the dispatch of the business of
the northern circuit, as at present constituted, before the
Easter term, though probably not before the commence-
ment of the sittings, the practical effect of the changes
agreed by all to be recommended should be tried bercrt
any other be made.
Upon the supposition, however, that your Majesty may
possibly think it proper to act upon the former opinion,
we have proceeded to inquire which of the suggested
divisions would be preferable, and in What manner it
should be effected. And here we have an agreed,
with the exception of Mr. Stuart Wortley, who forbesrs
to give any such contingent opinion, that to separate
Yorkshire from the rest of the northern districts would be
the most convenient arrangement. We do not, however.
propose to annex Yorkshire to any other circuit, but to
form it, as it were, into a new circuit of itself. The
question then arises, by whom as judges are the duties of this new circuit to be
performed and we think that the additional labour will
roost conveniently be imposed on those whose preset 4
duties are the lightest, viz., the judges travelling the
Norfolk circuit, and that both their convenience and
that of dieter of the northern circuit concur in the ar-
rangement that it should be travelled, in addition to
their own cireuit, by these judges. after their ordinary labours shall have 'terminated. The usual duration er
1 the Norfolk circuit needs not much to exced three weeks, and this additional duty would probably double
it, This would only make a six weeks' circuit, and we
thick, in comparison with several of the other circuits,
this would not be found to be inconveniently long: Pro-
bably the Learned Judges would think it
advisable 40
begin the Norfolk circuit in Norfolk or Suffolk, and end
it in Buckinghamshire. By so doing they would, at thS? end of their first circuit, be within a few hours' distance
from York, the scene of their additional labours; much
nearer in point of time, and not farther in point of dis-
tance, than the judge travelling the South Wales cir.
cuit is, at the end of that circuit, from his duties at
Chester.
We have no doubt that an efficient bar from the
northern and Norfolk circuits would attend the new
circuit ; and we recommend that the Learned Judge;
%%ho travel the northern circuit should make Livetooj
the last place, and that the commission days for York
and Liverpool should, for the present at least, be on the,
same day.
This plan, it will be seen, provides for the reduction of
the northern circuit, without disturbing any other eir.
cult, or rendering it necessary to provide any new ar-
rangement of clerks of assize; and if at any future time
the number of the judges should be increased, and more
general changes introduced, the additional labour no w
produced to be thrown upon the judges travelling the
Norfolk circuit may, without inconvenience, be with-
drawn.

One trifling alteration would be necessary if this plan
should be adopted in the appointment of the revising
barristers ; it would be proper, by the aid of Parliament,
to assign a definite number of them to Yorkshire, sub-
tracting it from the number now assigned to the northern
circuit, and to give the appointment to the senior judge
in the commission for Yorkshire.
We humbly take leave further to state to your Ma-
jesty our opinion, that whether a change shall be made
in the northern circuit or not, we think we are not called
on to recommend a change in the arrangement of any
-other circuit. It certainly appears very desirable in
itself that the Welsh circuit . should be re-modelled, so
that the assizes may be held before two judges, the num-
ber of assize towns being diminished, the disadvantage
of a circuit being travelled by a single judge being se-
rions and sensibly felt ; but this cannot be accomplished
without a considerable expense in the erection of new
courts, the enlargement of gaols, and the prepara-
tion of additional lodgings for the judges ; and unless
it should be thought proper to provide for these in the
first instance, at the general expense of the whole king.
dom, they will throw a heavy burden on the counties in
the principality. We know that these and other obstacles
prevented the plan recommended by the Commissioners
for the Amendment of the Law, appointed by his We
Majesty King George IV., in 1828, from taking place,
any oppinairr
ofuptz
and we have therefore abstained from entering into -an.
inquiry with respect to any change in the Welsh circuit.
W 0 have also abstained from offering
several other changes suggested to us on the
inhabitants of Bristol and other places, such as the pro-
priety of bolding two assizes within the year, instead of one
at Bristol, of holding assizes at other places. than this,
at 1, hich they are now held in various counties,
and of limiting the assize held at Coventry to the erai
of Coventry alone, We do not undervalue the ireprt-
tinPe “f some i &these, nor look upon them unfavovrahly;
hot they appear to us not. to fall within the score of oar
commission,
All which we hutohly submit.
Signed and sealed the 3d day ofJune, 1445. •
JAME K,E
S l'Al?, (LS.)
E.. If. ALDERSON. (r,•&3
J. T, COLF,RIDGE. 0,...5.)
FITZROY KELLY, IL.S.)
W. WHATELEY, (L, S,)
JAMES S. WORTLEY, . (L.S.)
JOHN GREENWOOD,
..(L.S.).
LDM. DEN'ISON. (LS.)
T. G. P.ifeliNALL ESTCOURT, (L.S.)

NARleow ESCAFE OF AN 2ERONAUT.-117ft Learal
11•0111 A% ignnn that Madame Lai et, the aeronaut, nearly lost ber
life in her last ascent. The balloon, after having gone up majesti-
cally, suddenly fell into the Rhone. near St. Beneaet. But fox a
young man who jumped into the river. dressed as be was. and lent
assistance, Madame Lartet would have /yet bet life, She was
eventually brought safe to land.

causes at the foUovving assizes, as at pee&
to be the case.
We, therefore, have come to Jelusion that it
will be, on the -whole,- .sent to provide that in
the interval before Christmas. ..)re should be two term;
and that, as now between Easter and Trinity terms,
there should be only a short vacation between them.
We propose, then, to leave Michaelmas term un-
touched, to make, a vacation of a week between
it and a new term still to be called Hilary
term, which should end on the 23d of Decem-
ber, and to leave Easter and Trinity terms, and
the vacations after each untouched. The legal year
would then stand thus :--November the 2d to Novem-
ber the 23th, Michaelmas term ; November the 25th to
the 2d of December, vacation ; the 2d of December fo
the 23d of December, Hilary term ; December the 23d
to April the 13tb, vacation ; and the rest of the
year as at present. The vacation between Hilary
and Easter terms would suffice for the assizes and sit-
tings ; and the deficiency of three weeks lost to the
sittings by the short vacation between Michaelmas and
Hilary terms, may then be supplied at the discretion of
tle respective chief judges of each Court. We would
limit that discretion only by forbidding sittings after the
11th of. January, and before the Ist of March. In order
to accomplish this object, the aid of the Legislature will
be required.
If this plan be adopted, we would suggest further,
that the Secretary of State for the Horne Dupartuient
should recommend the justices of the peace, in their
respective counties, to make some permanent arrange.
ments fsr the more completely lighting the courts of
justice, both as to the parts occupied by the spectators,
and those devoted to the transaction of business, so that
order may be more easily preserved. This we mention
because the assizes will, under this proposed arrange-
ment, be held at a period of the year when the days are
shorter, and daylight less bright.
It may be as well also to observe, that unless your
Majesty shall be pleased to make some alteration in the
time for the next appointment of sheriffs, the existing
officers will, in many eases, be obliged to serve at three

assizos.
We have next proceeded to inquire whether the present
inequality of the circuits requires to be corrected, and the
circuits more conveniently arranged for the dispatch of
business by the fifteen judges, and in what way this can
best be effected.
The length of time occupied on the respective circuits,
which are travelled by two judge* each. is at preseeS
nearly as follows:—On the Norfolk- circuit rather more
than three weeks; on the home and the midland, each,
rather more than a month; on the Oxford and western
circuits, each, about six weeks; on the northern circuit
about eight weeks, and this allowing only te fortnight
for York, for which, however, three weeks ought to be.
allowed, in order to avoid the danger of rerninets, and
to insure the disposal of the criminal business there by
the judges alone, without the aid of other commis-
sioners.
The number of causes • forms the best criterion of the
weight of business on each circuit • that of the pri-
•soners is less accurate, for on all die circuits, except
the northern, persons charged with small offences..
are generally committed for trial at the assizes, if thee
teeew before the quarter sessions. Ors the northeri
the great. offences only, for the most part, are sent
to the assizes, which circumstance dinriniihes the
apparent relative quantity of criminal business on
that circuit, as stated in .the official returns.- As-
suming, therefore, the number of causes as the proper
criterion, and taking an average of the last ten years,
we find the business of the Northern Circuit to be five
times as great as the Norfolk or Welsh Circuits, nearly
three times as great as the Midland, more than twice as
great as the Oxford or Western, and nearly twice as
great as the Home Circuit. We all agree that though,
some inequality on the circuits is desirable, both for the
judges and the bar, yet that which now exists in this in-
stance is too great ; and the only question is, hoW best
it can be remedied.