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

 

BRADBURY, AGNEW & CO. LD., PRINTERS, LONDON AND TONBRIDGE.