INDEX

Abinger, Lord Chief Baron, his judgment in Priestley v. Fowler, 77, 78, 95, 96 Ademantus, 254 Administration orders in bankruptcy, 119-124 Alehouse, the, 252-270 “Alton Locke,” slums described in, 238 American judiciary and working classes, 93, 94, 95; and workmen’s compensation, 103 Appeals, cost of, 175 Artisans Dwelling Act, 1875, 241 Asquith, Right Hon. Herbert Henry, on workmen’s compensation, 87 Attorney-General v. The Edison Telephone Co., 83 Bacon, Lord Chancellor, 305 Bail, unnecessary refusal of, 226; statistics of this, 228, 229 Balfour, Right Hon. Arthur James, on intemperance, 255, 256 Bankruptcy, 106-124; failures due to extravagance, 115-117; not open to the poor, 118; administration orders, 120; exorbitant Treasury fees, 122-124 Bell, Alexander Graham, 82 Belloc, Hilaire, 254 Bentham, Jeremy, on legal evidence, 192 Bias in judges, 96-103 Bills of Sale Acts, 168 Black Act, 1722, 218 Blasphemy Laws, 199, 200 Blue Books, 301, 302 Bradlaugh, Charles, 199 Bridewell, the, 9-10, 213 Bright, John, 99 Brougham, Lord, on imprisonment for debt, 48, 49; on the Evidence Amendment Act, 193; on Chancery reform, 287, 288 Butler, Samuel, 211 Cadaval, Duke de, arrested on mesne process, 46 Capias ad satisfaciendum, 37, 39 Carlyle, Thomas, on history, 21; on language, 108, 110; on fools, 153; on land question, 250 Cattle maiming, 216-219 Chamberlain, Right Hon. Joseph, on workmen’s compensation, 87-90; on administration orders, 119, 120; is housing work in Birmingham, 241 Chancery Court, and Lord Brougham, 287 Children, treatment of, in workhouses, 280, 282 Closing time, regulations for rich and poor, 263, 264 Clough, Arthur Hugh, 169 Cobbett, Sir William, 186 Coke, Sir Edward, Chief Justice, his description of peine forte et dure, 11, 201; on early Poor Laws, 274, 275 Collier, Sir Robert, on imprisonment for debt, 55, 56 “Compleat Constable,” The, 4-7 Conciliation in trade disputes, 110 Conciliation, preliminary of, in France, 187 Corporal punishment, advisability of, discussed, 209-212 Costs in police court, abolition desirabie, 222 Cottenham, Earl of, his Insolvency Bill, 1837, 45-47 County Court procedure, expense of, 184 Court of Criminal Appeal Act, 1907, 194, 197, 198 Crabbe, on lawyers, 183 Cranmer, Thomas, Archbishop of Canterbury, on divorce, 125, 126, 127 Crime and punishment, 189-212 Criminal Appeal, Court of, 189 Criminal Evidence Act, 1898, 194-196 Criminal Law Amendment Act, 210 Cruelty to Animals Bill of 1811, 219 Davey, Lord, on workmen’s compensation, 92 Deane, Mr. Justice Bargrave, on divorce, 137 Debt, imprisonment for, Old Testament view of, 22; New Testament view of, 24; Greek law of, 27; Roman law of, 31; in Papal Rome, 34; in time of Henry III., 36-39; in eighteenth century, 41, 43; in “Pickwick,” 45; mesne process, 45; debates on, in 1837, 46; in 1869, 50-57; evils of, 59-68; arguments against abolition, 69-71; none in Germany, 71; nor in France, 72; wastefulness of system, 72; encourages improvidence, 157-160; in police courts, 220, 222; political views on abolition of, 288-293 Debtors Act, 1869, 41, 49-57, 158 Debtors’ prisons, 41-47 Dendy, Mr. Registrar, on divorce in County Court, 146 Denman, Lord, speech on imprisonment for debt, 46 Dickens, Charles, on imprisonment for debt, 45; on the living wage, 108; on the evidence of prisoners, 194; on slums, 238; on inns and innkeepers, 257-259 D’Israeli, Benjamin, slums described in “Sybil,” 239-242 Distress, law of, 233 Divorce, 125-151; in time of Edward VI., 125-128; Act of 1857, 131; hard cases of poor, 133-141; necessity of using County Court, 144-146, 297 Dogberry, abolition of discussed, 223, 224 Edalji, 217 Edward VI., 126 Edward VII., 126 Eliot, George, 174 Elisha, and imprisonment for debt, 22, 23 Elizabeth, Queen, her Poor Law, 276 Employers Liability Act, 1880, 86 Erewhon, treatment of crime in, 211 Erskine, Lord, and cruelty to animals, 219 Eviction, 234 Evidence, prisoners right to give, 193; Criminal Evidence Act, 1898, 194; of Crown not available to prisoner, 207-209 Exekestides, 27 False pretences, 202, 203 Fielding, as a magistrate, 213 Fieri facias, 39 Fines in police courts, unfair incidence of, 221, 222; time for payment of, 224; statistics of, 225; abolition of, 297 France, no imprisonment for debt, 72; divorce law, 143, 147; preliminary of conciliation in, 187; poor law, 283 Fuller, on burning of heretics, 200 Geographical distribution of crime, 216 Germany, no imprisonment for working men debtors, 71; divorce in, 147 Gilbert, Lord Chief Baron, 37, 39 Goldsmith, Oliver, 13, 14 Gordon, Cosmo, Archbishop of York, on divorce, 128 Gordon, Mr. Justice, of Australian Labour Court, 110 Governor of gaol, charity to poor debtors, 65 Grand jury, 181 Grantham, Hon. Mr. Justice, 101; on poor prisoners defence, 196 Gray, Professor John Chipman, of Harvard, 80; on judge-made law, 81 Haldane, Viscount, 66, 215 Hale, Sir Matthew, Lord Chief Justice, 100 Halsbury, Earl of, on workmen’s compensation, 92 Hard labour for unconvicted prisoners, 227, 228 Headlam, John, an old-fashioned Dogberry, 227, 228, 229 Herschell, Lord, on prisoners giving evidence, 195 Hogarth, 10, 15 Homestead laws of America and Canada, 293, 294, 295 Hood, Tom, 108 Horn, Andrew, his “Mirror of Justices,” 275 Housing question, 236-251; Royal Commission, 1884, 242; Select Committee, 1902, 244 Identification of prisoners, present methods criticised, 230, 231 Imprisonment for debt. See Debt. Innkeeper, independence of, 258 Jeremiah, and the living wage, 108, 113 Jessel, Sir George, on imprisonment for debt, 50 Johnson, Dr., 4; on the poor in England, 13, 14; on public executions, 15, 16; on imprisonment for debt, 70; on the formation of laws, 70 Johnson, William, miners’ agent, his views on imprisonment for debt, 292 Judge-made law, 79-85 Judgment summonses, statistics of, 60, 63 Judicial irrelevancy, 180 Judson, Frederick N., author of “The Judiciary and the People,” 94 Justice of peace, utility of lay justices, 231 Kelvin, Lord, 82 Kingsley, Charles, 108; on slums, 238; on teetotallers, 264-266, 270 Kipling, Rudyard, 303 Landlord and tenant, 233-251 Land transfer system, assists fraud, 183 Leniency to well to do in criminal courts, example of, 205, 206 Licensing, class regulation of, 253; section 4 of Act of 1904, 256; effect of reducing number of licences, 261; extension of hours for rich, 263; prohibition of amusements, 267 Living wage, 108, 109, 110 Lysons v. Andrew Knowles, 175 McMahon, M.P., on imprisonment for debt, 55 Malicious injury to property, 217, 218 Manitoba, homestead laws of, 294, 295 Marcus Aurelius, 299, 306 Married Women’s Property Act, undesirable use of, 161-170 Matthew, and imprisonment for debt, 24, 25 Maule, Mr. Justice, on divorce, 129 Maxwell, Rev. Dr., 13, 14 Mayence, public beer drinking at, 262 Medical officer of health, status of, 248 Menander, on marriage, 163 Mesne process, arrest on, 45; abolished, 49 Mesnil, M. Henri, on divorce, 143 Moryson, Fynes, 8, 11, 34, 35 Newman, Cardinal, 307 Ordeal of battle, 308, 309 Overbury, Sir Thomas, 11 Overcrowding, 245; census statistics of, 246 Parry, Serjeant, 99 Peine forte et dure, 12 Pepys, Samuel, 4 Pickersgill, M.P., on prisoner giving evidence, 196 Pickwick, and imprisonment for debt, 45, 47 Piers Plowman, on debt, 75; on law and poor, 172, 173; on lawyers, 188 Police courts, abolition of fines, 297 Poor law, 271-284; Royal Commission, report of, 272; in time of Elizabeth, 276; in eighteenth century, 276; in 1834, 277; general mixed workhouses, 278-284 Poor man’s lawyer, necessity of, 184-187 Poor Prisoners Defence Act, 194-197 Priestley v. Fowler, 76-79 Procedure and the poor, 172-188 Public houses, 252-270. And see Licensing. Railway Conciliation Boards, and their working, 111, 112 Raleigh, Sir Walter, 1, 3 Regina v. Thomas Hall, 129 Registrars of County Courts and private practice, 72, 73 “Reformatio Legum Ecclesasticarum, The,” 125 Ridley, Sir Matthew White, on workmen’s compensation, 87 Rivers Pollution Acts, 248 Roe, Gilbert, author of “Our Judicial Oligarchy,” 86, 94 Rogues and Vagabonds, 4-7 Ruskin, John, 108 Sabbatarianism, evils of, 215 Salford quarter sessions in 1824, 17 Salisbury, Earl of, 244, 245 Schuster, Dr., on German system of debt collecting, 71 Scold, common, trial and punishment of, 235 Scots divorce, 126 Scott, Sir William, 15 Seisachtheia, The, 29 Selden, John, on marriage contract, 150 Shop lifting by ladies, 204 Sims, George R., his “How the Poor Live,” 242, 243 Sittlichkeit, 66 Slums, legislation against, 236 Smith, Judge Lumley, on divorce costs, 148, 149 Smith, Rev. Sidney, on prisoners’ right to counsel, 190, 191; on prisoners’ inability to give evidence, 192 Smith, Sir A. L., Master of the Rolls, on workmen’s compensation, 89 Smollett, 9, 42 Snowden, Philip, M.P., and the living wage, 109; on strikes, 111 Socrates, on thirst, 255 Solicitors, speculative, 175 Solon, and imprisonment for debt, 27-31 Starkie, Sir Thomas, 17 Stephen, Mr. Justice, decision in telephone case, 82 Stipendiary magistrates, want of in country, 223; necessary in interests of justice, 231 Sumner, Lord, 180, 181 Swift, on lawyers, 181, 182 Taylor, Jeremy, his prayer for debtors, 75 Teetotallers, persecution of licence holders by, 259; their ideals, 260; Charles Kingsley’s views of, 264-266, 270 Telephone, legal position of, 82, 83 Tennant, Mrs., report on divorce, 136 Thackeray, on prisoner giving evidence, 193 Torrens Act, 1868, 241 Treasury fees on Administration Orders, exorbitancy of, 121-124, 298 Twelve Tables, The, 32 Tyburn, 7, 15, 16 Vinogradoff, Professor, 84 Warrington, Harry, imprisonment for debt, 45, 46 Webb, Mrs. Sidney, her report on poor law, 280 Weston, Richard, trial of, 11, 12 Whipping, punishment of, 6-9, 209-212 Witchcraft, 100 Workhouses, 271-284. And see Poor Law. Workmen’s compensation, 76-105; history of the law, of, 76-84; employers liability, 86; in Court of Appeal, 90-93; in America, 94, 103; 162, 286; and conciliation, 298 Wyrley, cattle maiming at, 219 York, Archbishop of, on divorce, 136, 137

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