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and the mode of admission to, the Roman Bar, and he winds up with a quotation from the dialogue of M. Loisel, an eminent advocate of the parliament of Paris, in the 16th century. M. Pasquier, who takes part in the discussion, sums up his ideas of what the barrister should be in these words :
“In short, I desire in my advocate the contrary of what Cicero requires in his orator, which is eloquence in the first place, and then some knowledge of law ; for I declare, on the contrary, that an advocate should above all be learned in law and practice, and moderately eloquent-more a dialectician than a rhetorician, and more a man of business and judgment than of great or long discourse.”
We quite agree with Lord Mackenzie that, “ There is much good sense in these reflections; and after the lapse of three centuries they apply with equal force to the business of an advocate in our day.” And we recommend them to the particular attention of the Bar generally, in the United Kingdom.
We now bid goodbye to our learned Lord of Session, thanking him for his book, and congratulating the profession and the British community on there being so enlightened a jurist among Her Majesty's judges.
ART. IX.-JUDICIAL STATISTICS, 1861.-ENG
LAND AND WALES.
E are now so familiar with the annual issue of the judicial
statistics that we almost fail to appreciate their full value. A perusal of this national ledger, or, rather of the report attached thereto, will, however, be always sure to evoke interest in its records. To Lord Brougham, we may observe, are we indebted for this as we are likewise for so many other amendments in our legal system. From 1839 the criminal tables given by the Home Office, owing probably to an injudicious parsimony, began to deteriorate, and the items relating to the description of the offenders one by one disappeared. Since 1855, however, we have had annual issues of judicial statistics, not much differing in point of merit from the blue book now before us. This sudden development of so valuable a legal and social machine is mainly attributable to the judgment and experience of Mr. Redgrave, who had had long previous experience in criminal and police matters. The much discussed question of home or foreign penal servitude places the importance of judicial statistics in a clear light. The logic of facts can be now brought readily to bear upon this question by all, who, if no statistics were available to them, would be in a great measure in the hands of theorists not less bold than visionary. Happily, however, we now have an armoury not equally open to all disputants, but only to those who rely on facts and truth. From the regular publication of these statistics we confidently predict the happiest results both to legal and social science.
* Part II.-Common Law-Equity-Civil and Canon Law—will appear in
The judicial statistics for the year 1862 are, like those for the preceding years, divided into two parts, the first relating to criminal, the second to civil matters. We shall select for our record or comments the more important returns found in each part. The first division of this very interesting blue book comprises an account of the police establishments; of the criminal proceedings that took place during the year 1861; and of the state of the prisons during the same period. We thus obtain a succinct view of the means we use for the prevention, investigation, and punishment of crime. Under the head of "prisons” is given a description of the prisoners, their age, occupation, state of instruction, sex, and birthplace, so as to supply us with the most valuable information as regards not only the punishment but also the prevention of crime.
The tables of Part I. thus reflect the felons' progress in all its stages, while they also afford data for discovering the laws which preside over the apparent growth or decay of crime. An alteration has been made in compiling the
data for Part I. for the past year with respect to the definition of “ known thieves.” This denomination is not in the present returns applied to those who have abandoned their evil courses.
The statistics are, as usual, prefaced by an explanatory report, which contains the crême de la crême of the matter found in the succeeding tables, a reference to which, however, cannot be dispensed with by those who may wish to obtain complete information concerning any particular items of the statistics.
The total number of the police force on the 29th September, 1861, was 21,413, being an increase on the number for 1859, which was 20,597, which again was a small increase beyond the number for 1850. The number of special constables in the twelve months was 288, and of detective officers155. This total increase of 653, or 3.1 per cent. beyond the returns for 1860, was made up as follows, viz., in head constables of boroughs an increase of 9; in superintendents, of 11; in inspectors, of 7; in sergeants, of 106 ; in constables,
6 of 645, or 3.8 per cent. There was, on the other hand, a decrease of 120 in the number of special constables, and of 5 in the number of detective officers, as compared with the returns for 1860. In the metropolitan police, likewise, there has been a decrease of 131 from the returns of the preceding year. The number of the City of London force has been the same for both
years. In the counties and larger boroughs, as a general rule, the police are described to be in a high state of efficiency. Some of the smaller boroughs, however, probably through a perverse adherence to primitive customs, and a supposed regard to their independence, have omitted to amalgamate their police establishments with those of the surrounding counties, and are, consequently, in their police behind the average state of efficiency.
The force for the discharge of the general duties of the counties and boroughs, including the metropolitan districts, and excepting only the business of the dockyards, is reduced at present to 20,750 men. This number gives, according to the recent census, one constable for every 966 of the total population. In the following localities the number of police in proportion to the population, as calculated on the last census, varies as follows:- In the City of London (a case, however, which is stated to be almost exceptional, and where since the last census a decrease appears in the resident population amounting to 15,622, or 12.2 per cent.), the police are in the proportion of 1 to 178; in the metropolitan police district they are 1 to 504 ; for the town and port of Liverpool they are 1 to 442; in Bristol, 1 to 510; in Manchester, 1 to 515; in Birmingham, 1 to 785; in Leeds, 1 to 908; in Brighton, 1 to
3 936 ; in Berks, 1 to 1,101 ; while in Rutland the proportion is only 1 to 4,371. To what the varying proportions of police to population indicated by the foregoing returns are to be mainly ascribed is an interesting social question. Assuming that the efficiency of the force does not vary much in the different districts, why is one policeman in Rutland equivalent to four in Berkshire? In fact, statistics cannot suggest an answer to every social anomaly. The habits of a population are as important as their numbers, in respect of the amount of police force necessary to protect the districts. And even where a force is insufficient, yet, if it have been long so, it is usually overworked, so as to meet the requirements of the neighbourhood.
The expenses of the police establishments consisted of the following items:
d. Salaries and pay
1,178,736 10 3 Allowances and contingent expenses
37,619 11 0 Clothing and accoutrements
115,933 14 1 Superannuations and gratuities
70,737 16 4 Horses, harness, forage, &c.
32,064 0 11 Station-house charges, printing, stationery, &c.
124,454 2 5 Other miscellaneous charges
19,677 0 Total costs
£1,579,222 15 8
The total costs of the police for the year 1861 £1,579,222 15s. 8d. This was an increase over the cost of the preceding year of £48,111 10s. ld. The largest increase
1d is under the head of “ Salaries and pay,” which amounted to £57,929 1s. 3d., or upwards of 5 per cent on the total under this head. In the item of " Allowances and contingent expenses" alone there was an increase of £2,051 9s. 8d., or upwards of 5 per cent, on the total of the same head. In “ Superannuations and gratuities ” there is an increase of £6,033 3s. 2d., or upwards of 9 per cent. on the total. There was a decrease under all the other heads of expenditure for the year 1861. The average cost per man
for the total number of police for 1861 (the basis of calculation being founded upon the whole costs of the establishments), was £73 15s. Od.; the average for clothing and accoutrements, £5 8s. 3d.
These averages were respectively £73 158. Od., £53 195. 9d., and £5 15s. 10d. per man in 1860, and £72 2s. Od., £53 13s. Od., and £5 ls. Od. per man in 1859. The charge for each class of police in the year 1861, and the amounts contributed from the public revenue for the several police establishments were as follows:
Contributed from Total charge. the public revenue. £ d.
£ d. Borough police 391,799 15 7 79,861 12 11 County constabulary 614,593 5 4 118,541 8 7 Metropolitan police. 481,302 11 9 141,903 5 5 Her Majesty's dockyards police
41,864 6 8 41,864 6 8 City of London police 49,662 16 4
£1,579,222 15 8 £382,170 13 7 Three-fourths of the charges for pay and clothing are borne by local funds; the remaining fourth, upon report of efficiency by an inspector of constabulary, is advanced out of the public
But all payments for allowances, horses, &c., are drawn from local funds.