dalous profits of his agents. But the most intelligent and confcientious Magiftrate, if he relies with implicit confidence on the good conduct of his clerks, and neglects to keep a watchful eye on them, must be more than commonly fortunate in his choice, if they do not gradually fall into the practice of exacting higher fees than they have a right to (e) demand, and of taking premiums for supposed good offices; as for promifing to procure begging paffes for vagrants, or the next hearing on a bufy day for a particular party, or to speak to their fuperior in favour of a perfon and his caufe; or at least of making improper advantages of their fituation, and rendering the attainment of redress expensive to the poor, by availing themfelves of legal forms, and artful fubdivifions of jufticiary proceedings, needlessly to augment the number of their perquifites. Of this last manœuvre an example frequently occurs in the cafe of recognizances; where, if five perfons charged (e) This practice might eafily be prevented, were care taken to have a printed copy of the fees allowed to be received hung up, according to Act of Parliament, in a confpicuous part of the office. VOL. I. Ff as now remains in existence, who makes it his object to create business for his own emolument; turns the exercife of his authority into an iniquitous traffic; and prompts, encourages and fhares the extortions and fcan clerks in joint schemes of plunder and peculation; received bribes for connivance from the keepers of diforderly houses; and fuffered the young offender to proceed unmolested in the career of villany, until encouraged by impunity he committed a crime of such a nature as to secure to the Thief-taker, and of courfe to the Magiftrate his partner, a handsome reward on conviction. From these imputations Juftices of the Peace refident in the country are, I believe, in a great measure free. A celebrated modern poet indeed intimates that they are fometimes acceffible to baits of another kind. Examine well His milk-white hand; the palm is hardly clean; Wild fowl, or venison, and his errand speeds. This account, I would hope, is one of those poetical fictions, with which the votaries of the mufes delight to embellish their performances. But if the practices here defcribed actually take place, the Magiftrate who is a party to them in a fingle inftance ought to be branded with public infamy, and degraded from his office. dalous dalous profits of his agents. But the most intelligent and confcientious Magistrate, if he relies with implicit confidence on the good conduct of his clerks, and neglects to keep a watchful eye on them, must be more than commonly fortunate in his choice, if they do not gradually fall into the practice of exacting higher fees than they have a right to (e) demand, and of taking premiums for supposed good offices; as for promifing to procure begging paffes for vagrants, or the next hearing on a bufy day for a particular party, or to fpeak to their fuperior in favour of a perfon and his cause; or at least of making improper advantages of their fituation, and rendering the attainment of redrefs expenfive to the poor, by availing themselves of legal forms, and artful fubdivifions of jufticiary proceedings, needlessly to augment the number of their perquifites. Of this laft manœuvre an example frequently occurs in the case of recognizances; where, if five perfons charged (e) This practice might eafily be prevented, were care taken to have a printed copy of the fees allowed to be received hung up, according to Act of Parliament, in a con fpicuous part of the office. VOL. I. Ff as as affociates in the fame offence, are to be bound, the clerk, inftead of including all of them in the fame recognizance, binds each of them feparately, and thus carves out for himfelf five fees inftead of one (f). Similar tricks are practifed in the cafe of informations. On the fubject of fees it may be added, that the Magistrate himself may on many occasions fhew a very laudable fpirit of liberality, by remitting or purpofely contriving to leffen his own, where the party aggrieved labours under extraordinary circumftances of hardship or diftrefs. To abftain in general from receiving the common fees of office, (a custom which benevolent Magiftrates have fometimes been defirous of adopting, with a view to render juftice attainable with perfect facility and without charge) would not apparently (f) In fome places the Magiftrates have judiciously adopted the plan of giving to every person, when he enters into a recognizance, a printed minute properly filled up, ftating the day when he is to appear, and the caufe of that promifed appearance. A trifling fee is taken for the minute. This plan has proved highly beneficial in preventing inftances of diftrefs and hardship fimilar to those which frequently took place before, in consequence of the individuals who were bound forgetting or neglecting to attend at the appointed time. be 1 be attended with effects beneficial on the whole. The immediate confequence would be an immoderate increase of business to the Magiftrate himself; and, what would be ftill worfe, an increase no lefs immoderate of fquabbles and contentions among the poor, who would carry every frivolous difpute, every angry word, to the nearest tribunal, with equal lofs of temper and of time; if they knew beforehand that their complaints and invectives might be poured forth, and their refentment eventually gratified, without the payment of a farthing. He who is difinterested enough not to wish to accept even that small compenfation for his trouble in administering the laws, or rather that exemption from paying a falary out of his own pocket to his clerk, which the ordinary fees afford, will be likely to appropriate what is faved by receiving them to some charitable and useful purpose; and thus render a much greater fervice to the Public than he would have done by declining to receive them. The adminiftration of criminal juftice. ought to be exempt from the operation of any Ff2 bias |