Welsh Newspapers

Search 15 million Welsh newspaper articles

Hide Articles List

16 articles on this Page

THE NEW ACT. I

News
Cite
Share

THE NEW ACT. I (":1" '1 \I.f 01,' TilE TPI?  ()' CURTAILMENT OF THE JURISDICTION OI' { JUSTICES. (From the Ulole.) An Act, to define the jurisdiction of Justices in General and Quarter Sessions of the peace," was within the last few days passed through both Houses of Parlia- ment in the almost unprecedented short space of three days. This specimen of hasty legislation was occasioned by the neglieence or oversight of-tli, Lord Chancellor, to whose care the bill was entrusted, and who delayed the introduction of the bill until the Midsummer Quarter Sessions were about to be holden, to be followed by the Assizes, the jurisdictions of which were to be materially affected by the measure. We have reason to believe, however, that the hill, re- gularly "cut and drierl," was left by the late government, among other measures of practical improvement; and that their successors had only to bring in the bill, to conduct it ,z in the I)ill, to conduct it through the necessary Parliamentary routine, and then to include it in the list of bills which were to receive the Royal Assent by Commission, for it to become part and parcel of the statute law of England. The Jurisdiction of Justices" Act, as it is, somewhat erroneously, entitled, is not so much for the purpose of defining the jurisdiction of justices, as to diminish its ex- tent. To curtail, rather than ascertain and define, is the object of the new law. A considerable number of offences over which Courts of Quarter Sessions have had jurisdic- tion, and which by the amelioration of our criminal code have of late years greatly increased, are to be transferred to the judges of the land, whose labours will thus be ma- terially increased but with obvious advantage to the per- sons charged with offences to which the higher punishments of the law are affixed. The following summary of the Act will explain its design and illustrate its importance That after the pa-sing of this act, neither the justices of the peace acting in find for any county, riding:, division, or liberty, nor the recorder of any borough, shall, at any session of the peace or at any adjournment thereof, try any person or persons for any treason, murder, or capital felony, or for any felony which, when committed by a per- son not previously convicted of felony, is punishable by transportation beyond the seas for life, or for any of the following offences (that is to say)—1. Misprision of trea- son.-2. Offences against the Queen's title, prerogative, person, or government, or against either Hoisse of Par- liament.—3. Offences subject to the penalties of pricrnunire. —4. Blasphemy, and offences against religion.—5. Ad- n;blistering or taking unlawful oaths.—(>. Perjury and subornation of perjury.—7. Making or suborning any other person to make a false oath, affirmation, or declaration, punishable as perjury, or as n misdemeanour.—8. Forgery.— 9. Unlawfully and maliciously setting fire to crops of corn, grain, or pulse, or to any part of a wood, coppice, or plan- tation of trees, or to any heath, gorse, furze, or fern.—10. Biganry, or offences against the laws relating to marriage, ll. Abduction of women and girls.-12. Eudeavouring to conceal the birth of a cliild.-13. Offences against any provision of the laws relating to bankrupts and insolvents. -11. Composing, printing, or publishing blasphemous, seditious, or defamatory libels.-15. Bribery.-16. Unlaw- ful combinations and conspiracies, except conspiracies or combinations to commit any offence which such justices or recorder respectively have or has jurisdiction to try when committed by one person.-17. Stealing or fraudulently taking, or injuring or destroying, records or documents belonging to any court of law or equity, or relating to any proceeding therein.-18. Stealing or fraudulently destroy- ing or concealing wills or testamentary papers, or any document or written instrument being or containing evi- dence of title to any real estate or any interest in lands, tenements, or hereditaments." While we but express satisfaction, which will be gene- rally felt, at this restoration of the jurisdiction to the judges of the land which was formerly exclusively exercised by them over the class of offences here described, tve cannot but indulge a strong hope that this obvious i in prove m en t in the administration of criminal jurisprudence, will be but the precursor of yet further change by which the Courts of Quarter Session will have assigned to them as Chair- man, a Judge selected and appointed on the responsibility of government, whose legal knowledge will be a sufficient guarantee for the soundness of his decisions on legal ques- tions whose freedom from political and local associations will secure him from personal influence or party bias in his mode cf laying the facts of the cases tried by him before the jury Rnd who will thus present to the country the necessary security for efficiency, integrity, and impartiality in Courts where those essential attributes are not invari- ably exhibited. Without instituting comparisons, which would be invidious, we may express our meaning in a re- mark, in the'ti'-ath of which all will concur, that in the ad- ministration of justice its ministers should not merely be free from reproach, but be above suspicion. One of the "securities provided by the jealousy of our ancestors for the preservation of the Judges of the land from prejudices and partialities which might be created by local associations, was, that they held a Judge disqualified from acting in a commission of jail delivery within his own county, where be was born or inhabited." The same principle is uenerally acted upon by our Judges, although the disqualification is no longer legally operative. But in the case of Justices of Quarter Session, the presiding Magistrate resides within the district where the offences he tries were committed; is acted upon by all the circumstances likely to excite prejudice against, or feelings in favour of, the accused and in trying the case and apportioning the penalty, whore the amount of punishment is within the discretion of the Court, is in danger of giving an inclination to the scale, which he ought to hold with an impartial hand. Take the cases of prosecutions under the game laws, or of breaches of the peace, and other offences, which have arisen oiit of a fiercely contested election, in which the Chairman of the Quarter Sessions may have been a warm p,-irtisati-who would leave the accused to the tender mercies of a tenacious rame- pregerver in the former case, or to the 'impartiality of the warm supporter of the candidate at the contested election to whom the defendant was opposed ? The very anxiety to detect and punish those who have subjected him to annoyance by the destruction of his game, or to revenge the defeat of his political pnrtv, necessarily disqualify such a person, however great may he his legal acumen, from satisfactorily performing the duties of a judge. A few remarks will serve to shew that the present act, which denudes Courts of Quarter Sessions of so great a portion of their powers, cannot be regarded as a final ,,irde(i as a fi n-?i l measure. It concedes that the oflences which are thus removed from those Courts ought not to be tried by them, as at present constituted. The Courts of Quarter Session, as they now exist, are declared by the Legislature to be deficient in the necessary knowledge, and to be too much within the sphere of those influences which may prevail to warp the judgment and determine the will, in the trial and punishment of the higher class of felonies. But the Act is manifestly defective. Its defects are admitted by the very provisions which it enacts to remedy existing evils; and thus establishes the necessity of carrying out the principle it clearly recognizes. The Courts of Quarter Session retain the power of trying offences to which the sentence of transportation may be applie(I-for a limited period, the offences wdiich subject those convicted to transportation for lip being transferred to the learned judges of the land The justices have sufficient legal knowledge and unbiased integrity, according to the new Act which "defines" their jurisdiction, to try the former class of offences but not the more grave crimes, for which the Legislature has humanely commuted the capital punish- ment to tranportation for life. But the justices may vir- tually sentence to transportation for life, though the law no longer allows them formally to pronounce that sentence. The advanced age of a prisoner may render a sentence of banishment for seven years in reality a sentence of banish- ment for life. Or he may be tried on two or three indict- ments for offences within the jurisdiction of the Court, and on each of which he may receive sentence of transpor- tation for seven years—the commencement of one period to be reckoned from the termination of the preceding. Why the learned recorders of cities and boroughs should have been included within the operation of the new law, it would be difficult to assign a cause, seeing the law had already provided a guarantee for their efficiency in the required period of their standing as members of the bar, and in their virtual appointment by the government, which was thus rendered responsible for their efficiency. It was, probably, intended as a sop to the countrv gentlemen, who are anything but pleased with the implied doubt thrown upon their competency for being the best possible administrators of justice, the fair proportions of whose former ample jurisdiction are reduced by this act.

.... - - ] PILLION-RIDING.

* c It a I . J

X. ETK18A 15 T VAKI23TSF.S,I

PARLIAMENTARY DISCUSSION OF…

1HOUSE OF LORDS.-THURSDAY,…

THE WAGES OF FARM-LABOURERS.I

EDUCATIONAL CLASSES. I

1 ATTEMPT TO PROIilTilT imiTBH…

[No title]

ACIIICUIiTUllE,

IJOXDOX GZETTE. I

WEEKLY CUE

- q

Advertising

110 U S E O F C O M M O N…