censed must he have been at the non-exe- all the officers there are known to me; that cution of the orders he had given for blow-I knew that the Minister at War, and the ing up the powder magazine of Grenelle. General in Chief of the Artillery, had quitThis magazine contained two hundred aud|ted Paris some hours before; and that all forty millions of powder in grains, five mil- the officers of the general direction were lions of cartridges for the infantry, twenty-assembled at the Field of Mars, where they five millions of ball cartridges, three thou- were occupied with the evacuation which sand obuses charged, and a great number of had been ordered. other articles. Those who remember the effect produced in 1794, by the explosion of the magazine on the plain of Grenelle, when it contained only eight millions of powder, may easily form to themselves an idea of the horrible effect that must have been produced by the explosion of a magazine a hundred times more considerable.

Even the Gospel, the most benevolent | perty to their creditors, are free as to of all systems, has been rendered the their persons; nothing is more common instrument of most diabolical transac- than this, where integrity has proved tions. Can we wonder, then, that unfortunate;we must know, too, the human systems are perverted, that they number of really honest men who are become instruments of tyranny, under incarcerated, compared with that of the tyrannical malevolence of sinful mor- knaves, concerning whom, the Public at tals? Were the laws of England adminis- large may rejoice that there are such tered by those who cherish the chari- places of confinement, as prisons. We ties due from man to man, the melan- recollect instances of pests of society choly facts disclosed in these pages sent to jail, and kept there, on the could never have existed. Certainly, principle of diminishing their powers of the law should watch with the keenest doing evil. Had they been out of jail, eye over its agents: equally certainly, how many honest families must have the tender-hearted would, in most cases, gone there, through the machinations be unfit to execute its behests. The of such deceivers ? The great defect in law is not a system of reward on any the administration of our Jurisprudence occasion. In matters of controversy, is, the contracted powers, or non-existwhere it must decide, one party will ence of Courts constituted on the prinfeel himself agrieved; unless, as Lord ciple of what are commonly called Mansfield said, both parties quit the "Courts of Conscience." As these are Court dissatisfied;-and their common at present conducted, they decide only complaints, he added, was satisfactory trifles; something between thèse and to me, in almost every instance, that the superior Courts, with power and substantial justice had then been ob- skill to decide by summary process, would infinitely benefit the metropolis.

tained.

Nor can we undeservedly condemn any Code without previously examining what it is possible to introduce as its substitute. Will the establishment of opposite measures supersede the evil, without being accompanied by some thing, perhaps, by many things worse; much worse? The hardships imposed on the Debtor, are stated with great force by Mr Pearce, and his work exposes a system of plunder and brigandage, at which the blood runs cold; -but, he has not pointed out remedies: neither has be taken into consideration the condition of the Creditor. We remember the expression of an eminent man in the city; "people talk of hardhearted creditors; but, they forget that for one hard-hearted creditor, there are fifty, or a hundred hard-hearted debtors; men who have done their utmost to ruin those who put confidence in them; yet, how many of these escape?" To form a fair estimate of the operation of law on the whole, we must have before us a report on those cases which are finally settled by arbitration, and employ the lawyer scarcely further than writing and stamps, we must know the number of those who having resigned their pro

We believe this to be a prevailing opinion; why it is not realized none can explain. The established principles of justice and equity might be applied in such a court, to minor matters, while greater objects might be referred to superior powers.

It must be confessed, nevertheless, that extreme cases are more likely to obtain notice, and to excite abhorrence, and thereby to procure redress, than the average of ordinary incidents; and while we regret exceedingly the sufferings endured by the unwary, especially by young tradesmen, who to secure customers, often hazard credits, against which prudence strongly remonstrates, we cannot but acknowledge, that the havock produced by harpies, acting under protection of the law, dewands effectual restraint, and prevention. We are old enough to remember when forty shillings was the sum at which imprisonment might take place; then it was raised to ten pounds, and more lately to fifteen pounds. This marks the sense of the legislature, and when the present hurley burley of politics has subsided--this sense may manifest itself still more effectually.

officer who arrested him, unless something very tempting is offered by the defendant, would rather have his regular fee and no responsibility.

It must, however be complied with, and his, and locks up, as the term is, at his why? Because the officer is a customer of house, and if he lets a man out, without taking care of his brother officer's fees, the

of the house, the searches, the letters, and messengers, and what defendant has spent in the house, amounts to another pound.

I will point out now what the defendant pays. The writ, as is very commonly the day, or the same day of arrest, in which case in term time, is returnable the next case, the expences increase daily, like an overwhelming torrent, and the defendant is compelled to use all his exertion, the next day, to pay the debt and costs, which are as follow:

We say nothing on Sir Samuel Ro- | milly's Act, since the variations proposed to be made in it, shew that the experiment is not, as yet, satisfactory. Mr. Pearce's Tract may be found useful, in many respects. It should be read by the incautious, to deter them from incurring debt; let them but make these sufferings their own, in imagina-next customer goes elsewhere. The charge tion, it may preserve them from experiencing them as their own, in reality. It should be read by those who feel themselves rouzed to adopt legal proceedings; such should lay their hand on their heart and ask the Monitor within, whether the cause of action warrants all these cruelties, or even the possibility of them? It should be read by debtors, to induce them to consult their creditors in time; and before things are driven to extremities, to do their utmost to effect substantial equity between themselves and the world for the man who saves his character, by an undisguised frankness, if he saves nothing else-which we never knew to be the fact-saves what may eventually prove a fortune. But, if not, heshields himself and his property from such devastations, as can be equalled only by the Act of God in his Providence, or of the King's enemies in their wrath-From the power of human brutes, whose tender mercies are cruelties, who has not occasion to pray "Good Lord, deliver us?" An extract or two may speak for themselves on this subject.

Debt,
Lock-up house,

Two officers and men,
Attorney,

Bond (if in London),
Costs of writ,

Ditto declaration, rule, &c.

£15 0 0

පඵප

1 0

2 12

1

3 6

4

4 0

5 0 0

£29 19 6

are sued upon the same bill of exchange; It frequently happens, that three parties but it is every day's practice, to sue two of them, and for the truth of this assertion, I might refer to the judge's bail-books, and for the costs, to those allowed by the public officer of the court. In that case, there are 141. more costs.

Suppose the defendant is arrested for to his taylor 15, or 201. and he was enA young man, just of age, was indebted £15, no less a fee is ever taken than one guinea by the officer, as his regular civility-some arrangement for payment: he did so, treated by him to call at his house, to make fee and 5s. man and search. But that is not sufficient; he tells the defendant, that another officer arrested him, and that he cannot turn him out without a fee for him, though no responsibility whatever attaches upon that officer, the officer at the spunging house having taken it off his shoulders, nor has he shown the defendant the smallest accommodation, perhaps he has taken him out of his bed and carried him there without allowing him even time to button the knees of his breeches.

This is an extortion and oppression in every point of view, although at present treated only as two regular fees, instead of

one.

But that is not the worst of the grievance, for the defendant is always taken off to the spunging house, The

and while conversing on the subject, a Middlesex officer was introduced to him, and arrested him for 361. at the taylor's suit. This included his own debt and the debt of a friend of his he had recommended to the taylor, but which he said he had neither undertaken nor promised to pay. It is sufficient, however, to say, a considerable part of the debt was disputed: he he remained three days, for want of bail. was conveyed to a spunging house, where

The defendant had lately married, and it was known to the plaintiff, that he had right of his wife, on her coming of age. some money he was entitled to receive, in The defendant became anxious to procure bail, with a view to dispute the debt, and particularly so, from the unhandsome treat

repeated overtures had been made to the officer for the securing the repayment of the debt by a joint warrant of attorney, and appointments actually made to execute it, at which the defendant and his friend, the real bail, duly attended, but the hired bail did not, and it turned out afterwards that this was a mere amusement, in conjunction with his friend, the officer, that the sheriff's attorney might get a judgment and execution against the defendant and his friend; for, as soon as this was effected, another appointment was made at the officer's, who keeps a lock-up house, to sign the warrant of attorney, where they went together, when, to their great mortification, they were given to understand they were in execution, at the suit of the Sheriff of Middlesex; and that from that place they could not proceed farther, until the debt and all the costs, together with the sheriff's poundage, officer's fees, and all other expences were paid. Here some altercation took place as to the regularity of the proceedings, as no other notice had been given than by the service of a writ, it being necessary they should have notice of a declaration also; but the only satisfaction they could obtain was, that proper notices of declaration could be proved to have been given.

ment he considered he had met with from the plaintiff. A person, at the house where he was, after three days had elapsed, informed him, he could recommend him to a man who, he thought, could find one bail, provided he could find another. The defendant having already procured one friend, the offer was accepted, and the person introduced agreed to get him out for 10. and, that it might be expeditiously done, he sent for a friend of his, another Middlesex officer, of the county, to give a receipt to the one in whose custody the defendant was, and he was then liberated. The bail introduced by the officer happened to be a coffee-house keeper, who considered his own house would be as convenient a | situation as any, for the defendant to pass his time away, till the returu of the writ, be therefore introduced him to his attorney and a list of other friends, who were to be bail for him, if wanted, to any amount. A pretty long account was, however, run up, between the time of the liberation from the spunging house and the return of the writ, when it became necessary for him to make additional calls for money, and which he did, viz. four guineas for putting in bail above, four guineas to procure bail to justify, and six or eight pounds more to get them justified. These calls and the enormous expences induced the The parties remained there for a fortyoung man to think he had been made a night. The distress of the defendant and complete prey of, and he thought it best his wife, who was with him, was great for to employ an attorney of his own. It hap- their own situation, but it was nothing to pened, some how or other, between the what the defendant felt for the situation he iwo, that the bail were not justified by the had brought his friend. the bail, and his time limited by the rules of the court. wife into, who was also there; he resolved The defendant, however, was informed it therefore, and by conseut of his wife, it was was necessary for him to render himself immediately carried into execution, to conto the Fleet prison, to save his bail, which tract for the sale of a little property he was he immediately did; but he was too late, entitled to, through her, in the county of for an attachment was obtained, of course, | Kent, provided she attained twenty-one. against the sheriff, and sent into the office They agreed to sell for 4501, what he had for 781. The officer disputed the regularity considered was worth double the sum. of it, but the court determined the attach-It was not the place, of all others, certainment was regular. The plaintiff's attorney then applied and received from the Sheriff the amount of the attachment, with 91. more, for additional expences, to the tail of it, making together 871. During these proceedings, the defendant was confined in the Fleet, at the suit of the plaintiff, where he remained for near ten days. The plaintiff's attorney having received the debt and costs, the defendant got discharged a second time. The officer, who gave the receipt and who had paid the money, now made his appearance, and immediately commenced three separate actions, in the name of the sheriff, by their attorney, upon the bail-bond, all of whom were served with writs, notwithstanding

ly, for a man to conclude a contract for the sale of his property. He received 150% down, and the remainder he was to have at the expiration of a certain period.

·Having got money, be paid 130l. to the sheriff's attorney, exclusive of the officer's civility fees and house expences, and, for the third time, effected the liberation of himself and his friend. They now concluded the matter was at an eud; that, however, was not the case, for a short time only afterwards, they were both arrested, at the suit of the hired bail, and locked up together in the same spunging house, in the city, for 581. and upwards. Here they were again detained a week, for want of hail, wh.ch, at last, they with great diffi

culty obtained, and after paying the usual expences of officers fees, bail bonds, &c. the defendant was, for a fourth time liberated, as well as his friend, the bail.

The poor man now became very much dejected, and almost broken down with grief and illness. Term time, however, nearly approaching, he was contemplating what to do, when, unfortunately for the bloodhounds, he went to his last home. At the return of the writ, the survivor made his appearance in court, by putting in and justifying his bail, and, on enquiry, it was found, that the hired bail had defended the action on the bail-bond, and that the arrest was for the law expences of it, and a bill for wine, dinners, &c. at his house. The cause, is now at issue between the hired bail and the real bail, who is quite ignorant how any responsibility can attach on him.

I will now sum up the expences which were run up, in a very short time, upon this small disputed debt of 351. Paid officer for civility fees, house, &c. on getting dis charged from the first arrest Paid bail

£ 6 0 o

10 0 0

2 12

7 0
5 0

6

man afterwards removed to London and the tradesman sent repeatedly for the payment of the money. The answer was, that it was paid, and that he had got the receipt. The receipt however was not forthcoming, and, as it was not marked paid in his books, he commenced an action in the Exchequer for the recovery of this demand, whether designedly to make him pay it over again does not appear. It was defended, and the cause tried at Westminster. The plaintiff's counsel stated, that his client's demand was a small one, and that his case was very short, that he should prove the work done, and the charges rea| sonable; and that he should be then entitled to a verdict. The counsel for the defendant said, his case was equally short: he admitted the work done and also the charges were reasonable, but said, he should prove his client had paid the money which would be an answer to the action.

A witness was called, who proved the payment and produced the receipt, (which had been found in the mean time,) and the plaintiff's witness corroborated it, by proving his master's hand writing. Wit nesses had been three times in London, waiting for many days, together, and it cost the plaintiff 1701. The defendant's costs were considerable, but trifling in 0 comparison. The judge reprobated the conduct of the attorney severely, as well as the plaintiff, for bringing a cause of so trifiing a nature, at such an enormous expence, to be tried in London.

6 5 0

20 0

0

That assistance in effectuating reform, which Mr. Pearce has not attempted to 150 0 0 afford, though intent on demonstrating an urgent call for it, we shall not presume to offer; but, if any plan promise advantages superior to others, we conceive that a very essential part of it must coincide with this work of Mr. Wright. Advice on the study and prac tice of the law, can never come amiss; because the number of young men entering the profession, is at all times 35 10 o considerable. But, if such advice as Mr. Wright offers were constantly made the basis of that education, which all youth destined to the profession, should receive, the evils complained of, as caused by the malversation of practitioners, would surely cease.

10 0 0

£232 7 6

If the plaintiff recover the debt and costs, now at issue, the defendant will have at least 2001. in addition to pay. If not, he will be at the loss of his own costs only, which will be 601. or 701.

ANOTHER CASE.

A man, residing at Bristol, employed a tradesman to make a leaden gutter to his house, which came to two guineas. The

The cultivated mind could not degrade itself to those iniquitous practices, which have brought disgrace on attornies: the well-educated lawyer would discern his interest as well as his duty in a contrary