The mind is lost in astonishment at the contemplation of a circ.u.mstance, marking, in so strong a degree, the deficiency of this important branch of the jurisprudence of the Country.
Through this new medium we discover one of the many causes of the increase of crimes.--And hence that caution which men in business are compelled to exercise (especially in the Metropolis), to avoid transactions with those who are supposed to be devoid of principle.
Whenever the Laws cannot be promptly executed, at an expence, that will not restrain the worthy and useful part of the Community from the following up their just rights, bad men will multiply. The morals of the People will become more and more corrupted, and the best interests of the State will be endangered.
In a political as well as in a moral point of view, it is an evil that should not be suffered to exist; especially when it can be demonstrated, that a remedy may be applied, without affecting the pecuniary interest of the more reputable part of the Profession of the Law, while it would unquestionably produce a more general diffusion of Emolument.
If, instead of the various inferior Courts for the recovery of debts, (exclusive of the Courts of Conscience) which have been mentioned in this Chapter, and which are of very limited use on account of appeals lying in all actions above 5_l._--the Justices, in General Sessions of the Peace, _specially commissioned_, were to be empowered to hear and determine _finally, by a Jury_, all actions of debt under 50_l._ and to tax the Costs _in proportion to the amount of the Verdict_, great benefits would result to the Public. _At present, the rule is to allow the same cost for forty shillings as for ten thousand pounds!_[184]--It depends only on the length of the pleadings, and not on the value of the action.
[Footnote 184: The following authentic table, divided into four Cla.s.ses, will shew in forcible colours, the evils which arise from there being no distinction between the amount of the sum to be recovered in one action and another, in settling the costs. In the county of Middles.e.x, in the year 1793, the actions for recovering debts stood thus:
Cla.s.ses.
Number of Writs.
of which Bailable.
Executions.
Costs of Actionsundefended at 12_l._ each.
Costs of Actionsdefended at 50_l._each.
Net Amountof Debtssued for...
1from 10 to 20_l._5,7194,96675368,728285,95081,791 220 to 30_l._2,2671,87838921,090113,35085,675 330 to 100_l._4,3672,4921,87552,404238,350237,358 4.100 & upw.2,3241,76955527,160116,2001,010,379+------+------+-----+-------+-------+---------14,67711,1053,572169,382753,8501,385,203
Thus it appears, that upwards of one million of money, in the 4th cla.s.s, is recovered at considerably less than half the expence of 81,791_l._ in the 1st cla.s.s.]
Humanity, Justice, and Policy, plead for an improvement of the System; more particularly when it is recollected that, between _Six_ and _Seven Thousand_ unfortunate persons are arrested annually on _mesne process_ in Middles.e.x alone, one half of whom are for debts _under twenty pounds_. In the kingdom at large, the number is not less than _Forty Thousand_ for trifling debts in the course of a year!--The unavoidable expence, therefore, at the lowest computation, is a most grievous burden, which on many occasions, sends both the plaintiff and defendant to a gaol, for the Attorney"s bills, to the total ruin of themselves, and often to the destruction of their families.
The Evil, in this view, is exceedingly prominent.--It involves in it consequences which trench upon the best interests of the Country. The Mischief increases, unperceived by the people at large, and Remedies are not applied; because few men will subject themselves to investigations of great labour, without which facts are not to be obtained; and without facts it is impossible to reason with accuracy, or to draw just conclusions upon any subject.
It will be found upon inquiry, that the miseries of a gaol, by which the inferior orders of the people are often punished, do not so frequently attach to the worthless and profligate part of the Community, as to those who have been useful members of the State--Like the adroit thief, encouraged to proceed by many escapes, Knaves are seldom victims to the severity of the Law.--The Innocent, and often the Industrious, unskilled in the tricks and artifices which bad men pursue to rid themselves of inc.u.mbrances, (for which there is abundant resource in the chicane of the Law;) are generally the sufferers.
To incarcerate one member of the body politic, whose misfortunes and losses may have arisen from giving credit to another, who is relieved by a Commission of Bankrupt,[185] because his debts amounted to more than 100_l._ seems not well to accord with Justice, Humanity, or State Policy. It debases the minds of thousands whose conduct never deserved such a fate--who were from the nature of their dealings, _although small_, ent.i.tled upon the principle adopted by the Legislature, to the same relief which is extended to the higher cla.s.ses by whom they often suffer--and sometimes too by the most worthless and depraved.--While no good can arise from their confinement, it is thus rendered infinitely more severe than that, which is, in many instances, inflicted on criminal offenders.--Their labour is lost to the Community.--Their families are neglected--and perhaps reared up in vice and idleness to become Nuisances in that Society, of which they might have been virtuous and useful Members.
[Footnote 185: It is to be observed, that the Debtors comprised, in the first three cla.s.ses mentioned in the foregoing note, page 587, are generally the objects of imprisonment; while the bankrupt-laws relieve the fourth, the insolvency of which cla.s.s generally produces the distress of the other; who must languish in a gaol and suffer a severe punishment, although it is clear to demonstration, that the Debtor for _ninety-nine_ pounds is equally an object of commiseration as another whose debt amounts to _one hundred_; and almost in the same degree subject to accident and misfortune.
Under a System so contrary to reason, and so shocking to humanity, too much praise cannot be bestowed on the founders and supporters of the excellent Inst.i.tution for the relief of honest, industrious persons imprisoned for small debts. The immense number relieved by this benevolent Society, who have appeared upon inquiry not to have brought misfortunes upon themselves by imprudence, is one of the strongest proofs that can be adduced of the imperfection of the laws; which are tacitly acknowledged to be erroneous, in the case of every person who is discharged by the bounty of the Public.]
This, therefore, is a most important branch of what may be called _Civil Police_, highly deserving the attention of the Legislature; because it is not only contrary to Reason, but pregnant with evils which tend to the increase of crimes in a greater degree than is generally supposed.
The extensive and growing intercourse in commercial dealings, and the diffused state of property must, of course, progressively, increase the number of Appeals to Courts of Justice, even under the present System; till at length the duty of the Judges (infinitely more extensive than their predecessors experienced, and increasing every day,) will so multiply, as to render it an act of great cruelty and injustice, not to ease them of the unreasonable labour arising from small Law-suits.
The same reasoning applies to the Members of the Executive Government.
As we advance in riches, population, and crimes, the management of the Country becomes more complicated. The labour attached to the higher departments of the State of all descriptions is infinitely greater than a century ago; and yet there is no increase in the number of the first executive responsible officers.--This, (although it has not heretofore attracted notice), when duly considered, will be found to be a very serious misfortune.
The mind, however active or enlightened, can only compa.s.s certain objects. It requires relaxation; it cannot always be upon the stretch.--There is a point beyond which human exertion cannot go--and hence the necessity of the division of labour, in proportion to the increase of responsible public duty. Wherever this does not take place, the Country suffers; an unreasonable burden attaches, by which means matters of great consequence to the Community must be overlooked, because it is impossible to compa.s.s every thing.
Having thus briefly explained that branch of the Police of the Capital which is connected with the department of the Law, together with some of the most prominent features of abuse, which have grown out of the present System; as well as the Remedies which have occurred, as apparently best calculated to remove these acc.u.mulating evils. It remains now to bring under the review of the Reader, the various _Munic.i.p.al Regulations_, which have been established for the comfort, accommodation, and convenience of the inhabitants; and the means used in carrying them into execution.
The Metropolis of the Empire having been extended so far beyond its ancient limits;--every parish, hamlet, liberty, or precinct, now contiguous to the Cities of _London_ and _Westminster_, may be considered as a separate Munic.i.p.ality, where the inhabitants regulate the Police of their respective districts, under the authority of a great variety of different Acts of Parliament; enabling them to raise money for paving the streets, and to a.s.sess the householders for the interest thereof, as well as for the annual expence of _watching, cleansing, and removing nuisances and annoyances_. These funds, as well as the execution of the powers of the different Acts, (excepting where the interference of Magistrates is necessary) are placed in the hands of Trustees, of whom in many instances, the Church Wardens, or Parish Officers for the time being, are Members _ex officio_; and by these different Bodies, all matters relative to the immediate safety, comfort and convenience of the inhabitants are managed and regulated.
These Regulations, however, are mostly founded upon Statutes made in the last and present Reign.
The Act of the 2d of William and Mary, cap. 8, for paving, cleansing, &c. within the City and Liberties of _Westminster_, and the Bills of Mortality, not having been found applicable to modern improvements, new regulations became necessary; and an incredible number of private Statutes applicable to the different Parishes, Hamlets, and Liberties, composing the Metropolis, have been pa.s.sed within the last 50 years.
The Act of the 10th George II. cap. 22, established a System for paving and lighting, cleansing, and watching the City of London: but the Statute which removed _signs and sign-posts_, _balconies_, _spouts_, _gutters_, and those other _encroachments_ and _annoyances_, which were felt as grievances, by the inhabitants, did not pa.s.s till the year 1771.--The 11th of Geo. III. cap. 29, contains a complete and masterly System of that branch of the Police which is connected with munic.i.p.al regulations, and may be considered as a model for every large City in the Empire. This excellent Act extends to every obstruction by carts and carriages, and provides a remedy for all nuisances, which can prove, in any respect, offensive to the inhabitants; and special Commissioners, called _Commissioners of Sewers_, are appointed to ensure a regular execution. It is further improved by the 33d of his present Majesty, cap. 75, by which the power of the Commissioners is increased, and some nuisances arising from Butchers, Dustmen, &c. further provided against.
In the City and Liberty of Westminster also, many useful Munic.i.p.al Regulations have been made within the present Century. The Acts of the 27th of Elizabeth, and the 16th of Charles I. (private Acts) divided the City and Liberties into 12 Wards, and appointed 12 Burgesses to regulate the Police of each Ward; who, with the Dean, or High Steward of Westminster, were authorised to govern this District of the Metropolis.
The Act of the 29th of George II. cap. 25, enabled the Dean, or his High Steward, to choose 80 Constables in a Court Leet: and the same act authorised the appointment of an Annoyance-Jury of 48 inhabitants, to examine weights and measures; and to make presentments of every public nuisance, either in the City or Liberty.--The Acts of the 31st of George II. cap. 17 and 25, improved the former Statute, and allowed a free market to be held in Westminster.--The Act of the 2d of George III. cap. 21, extended and improved the System for _paving, cleansing, lighting and watching_ the City and Liberty, by including six other adjoining Parishes and Liberties in Middles.e.x: This Act was afterwards amended by the 3d of his present Majesty, cap. 23.--The Acts 5th Geo.
III. caps. 13, 50; 11th Geo. III. cap. 22; and particularly 14th Geo.
III. cap. 90, for regulating the nightly Watch and Constables, made further improvements in the General System by which those branches of Police in Westminster are at present regulated.
In the Borough of Southwark also the same System has been pursued; the Acts 28th Geo. II. cap. 9; and 6th Geo. III. cap. 24, having established a System of Munic.i.p.al Regulations, applicable to this District of the Metropolis; relative to _markets_, _hackney-coach stands_, _paving_, _cleansing_, _lighting_, _watching_, _marking streets_, and _numbering houses_, and placing the whole under the management of Commissioners.
In Contemplating the great leading features of Munic.i.p.al Regulation, nothing places England in a situation so superior to most other countries, with regard to cleanliness, as the _System of the Sewers_, under the management of special Commissioners, in different parts of the kingdom; introduced so early as by the Act 6th Henry VI. cap. 5, and regulated by the Acts 6th Henry VIII. cap. 10; 23d Henry VIII.
cap. 5; and 25th Henry VIII. cap. 10.--afterwards improved by the 3d and 4th Edward VI. cap. 8; 1st Mary, stat. 3, cap. 11; 13th Elizabeth, cap. 9; 3d James I. cap. 14; and 7th Anne, cap. 10.
Sewers being so early introduced into the Metropolis, as well as into other Cities and Towns, in consequence of the general System, every offensive nuisance was removed through this medium, and the inhabitants early accustomed to the advantages and comforts of cleanliness.
Another feature, strongly marking the wisdom and attention of our ancestors, was the introduction of _Water_, for the supply of the Metropolis, in the reign of James I. in 1604. The improvements which have been since made for the convenience of the inhabitants, in extending the supplies by means of the New River, and also by the accession of the Thames water, through the medium of the London Bridge, Chelsea, York Buildings, Shadwell, and other water-works, it is not necessary to detail.
The Act 9th Anne, cap. 23, first established the regulations with regard to _Hackney Coaches_ and _Chairs_, which have been improved and extended by several subsequent Statutes, _viz._ 10 Anne, cap. 19; 12 Anne, stat. 2, cap. 14; 1 Geo. I. cap. 57; 12 Geo. I. cap. 12; 30 Geo.
II. cap. 22; 4 Geo. III. cap. 36; 7 Geo. III. cap. 44; 10 Geo. III.
cap. 44; 11 Geo. III. caps. 24, 28; 12 Geo. III. cap. 49; 24 Geo. III.
stat. 2. cap. 27; 26 Geo. III. cap. 72; 32 Geo. III. cap. 47; 33 Geo.
III. cap. 75.
These Acts authorize _one thousand coaches_, and _four hundred hackney chairs_, to be licensed for the accommodation of the inhabitants of the Metropolis; and Magistrates, as well as the Commissioners, are empowered to decide, in a summary way, upon all complaints arising between Coachmen or Chairmen, and the inhabitants, who may have occasion to employ them.
Carts and other carriages have also been regulated by several different Acts, _viz._ 1 Geo. I. stat. 2. cap. 57; 18 Geo. II. cap.
33; 24 Geo. II. cap. 43; 30 Geo. II. cap. 22; 7 Geo. III. cap. 44; and 24 Geo. III. cap. 27. The Statutes contain a very complete System, relative to this branch of Police; by virtue of which all complaints arising from offences under these Acts, are also cognizable by the Magistrates, in a summary way.
The Act of the 34th of George III. cap. 65, established an improved System, with regard to _Watermen plying on the River Thames_.--The Lord Mayor and Aldermen are empowered to make Rules and Orders for their government;[186] and, with the Recorder and the Justices of the Peace of the respective Counties, and places next adjoining to the Thames, have equal jurisdiction in all situations between Gravesend and Windsor, to put in execution not only the _Laws_, but also the Rules and Orders relative to such Watermen, which shall be sent to the several Public Offices in the Metropolis, and to the Clerks of the Peace of the Counties joining the Thames, within 30 days after such Rules are made or altered. The Magistrates have power given them to fine Watermen for extortion and misbehaviour: and, persons refusing to pay the fares authorised by Law, may be compelled to do so, with all charges, or be imprisoned for one month; and whoever shall give a Waterman a fict.i.tious name or place of abode, forfeits 5_l._
[Footnote 186: No Rules or Orders have yet been published, although nearly six years have elapsed since the pa.s.sing of this Act. The Public are, therefore, without the means of punishing or controlling Watermen, which is felt as a serious misfortune.]
Offences relative to the Driving of Cattle improperly, usually termed _Bullock Hunting_, are also determined by the Magistrates, in the same summary way, under the authority of an Act 21st Geo. III. cap. 67; by which every person is authorised to seize delinquents guilty of this very dangerous offence.
The last great feature of useful Munic.i.p.al Police which the Author will mention, consists in the excellent regulations relative to _Buildings_, _Projections_, and _Fires_; first adopted after the Fire of London in 1666, and extended and improved by several Acts of Parliament pa.s.sed, from that time, down to the 14th of his present Majesty.
The Act of the 14th of George III. cap. 78, which repeals the former Acts, besides regulating the mode of building houses in future, so as to render them _ornamental_, _commodious_, and _secure_ against the accidents of fire, established other useful rules for the prevention of this dreadful calamity; by rendering it inc.u.mbent on Churchwardens to provide one or more engines in every parish, to be in readiness, on the shortest notice, to extinguish fires, and also ladders to favour escapes; And, that every facility might be afforded with regard to water, it is also inc.u.mbent on the Churchwardens to fix stop-blocks and fire-plugs at convenient distances, upon all the main pipes within the parish; and to place a mark in the street where they are to be found, and to have an instrument or key ready to open such fire-plugs, so that the water may be accessible on the shortest possible notice.
That every thing also might be done to ensure dispatch, the person bringing the first parish engine to any fire is ent.i.tled to 30_s._ the second to 20_s._ and third to 10_s._ paid by the parish; excepting in cases where chimnies are on fire, and then the expence ultimately falls upon the person inhabiting the house or place where it originated.
This excellent Statute, so salutary in its effects with regard to many important Regulations of Police, also obliges all Beadles and Constables, on the breaking out of any fire, to repair immediately to the spot, with their long staves, and to protect the sufferers from the depredation of thieves; and to a.s.sist in removing effects, and in extinguishing the flames.
These outlines will explain, in some measure, by what means the System of the Police, in most of its great features, is conducted in the Metropolis--to which it may be necessary to add, that the Beadles of each Parish, are the proper persons to whom application may be made, in the first instance, in case of any inconvenience or nuisance. The City and Police Magistrates, in their respective Courts, if not immediately authorized to remedy the wrong that is suffered, will point out how it may be effected.
It is, however, earnestly to be wished, that (like the Building-Act just mentioned), one general Law, comprehending the whole of the excellent regulations made for the City of London, so far as they will apply, could be extended to every part of the Metropolis, and its suburbs; that a perfect uniformity might prevail, in the penalties and punishments to be inflicted for the several Offences against the comfort or convenience of the Inhabitants.--At present it often happens, that an Offence in one Parish, is no act of Delinquency in another.
The great object is to simplify every System as much as possible;--complicated Establishments are always more expensive than is necessary, and constantly liable to abuses.
The annual expence to the Inhabitants, in consequence of all those Munic.i.p.al Regulations just detailed, is, perhaps, higher than in any other City in the world.--Including the Poor"s-rate, it amounts, on an average, to full 25 per cent. on the gross rental of the Metropolis; and is supposed to exceed one million sterling a year!