An Address to the Grand Jury, at the opening of the General Session of the Peuce and Session of Oger and Terminer, for the County of Middlesex, on Monday, Dec. 2, 1811, by W. MAINWaring, esq. Chairman. Printed at the request of the Magistrates.

Gentlemen of the Grand Jury, Before you retire from the Court, and are engaged in the various matters which will necessarily be brought before you in the course of this Sessions, as the Grand Jury for the County of Middlesex, I desire to offer a few observations for your consideration, which at this season particularly deserve your attention.

I shall not trouble you with a detail of your general duty here as a Grand Jury. I trust your own good sense, the general knowledge you have of the affairs of the County, and the frequent calls upon you to attend this and other courts of justice in this County, render it unnecessary to go over these matters.

Oue head of observation I wish to call your attention to, is the state of the highways. 1 mean more particularly the streets, squares, lanes, and other thoroughfares, in the Metropolis; that they are in many places in such a state of decay and want of repair, as to be not only highly inconvenient, but absolutely unsafe and dangerous, and that too in many of the most populous parts.

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Gentlemen, there is no difficulty in the law upon this subject. The general law is, that the inhabitants of every parish are bound to keep the highways leading through their several parishes in good repair; not to suffer them to become dangerous or inconvenient to the King's subjects to pass and re-pass, on foot or on horseback, and with such carriages as they are authorised by law to make use of: that very many are not in this state, your own observation must tell you. presume I need not inform you, Gentlemen, that every street, square, lane, and passage, which the King's subjects have a right to pass and re-pass over, are highways, and are indictable if not kept in repair. There are, besides, certain parishes and places which have local Acts of Parliament for their government and better management, which, in some particulars, take them out of the general law, and authorise those who are to carry them into execution to levy taxes for paving and other purposes; but those Acts of Parliament will not indemnify any such parish against the general law, if the highways are suffered to fall into a state of decay, unless some particular body of men or individual are specially bound to repair them, A highway, continued in a state of decay for a length of time, is a public nuisance, whatever private juris

diction it may be under; the right of the King's subjects to have a safe and convenient passage is not suspended by such Acts of Parliament.

There are cases, too, where the Legislature sanctions a temporary violation of the law for particular purposes, which are conceived to be for the benefit of the publick; such as taking pavements up in the public streets, for various purposes; erecting temporary obstructions, such as hoards and other fences, for the safety of people passing and re-passing, and various other occasions; but still it must always be remembered, that such authorised inroads upon the public rights, or upon private property, must be made as little inconvenient as possible; that the work must be done with due diligence and expedition; that, when done, the public street or place must be left in a state of complete substanual repair.

I am not aware that any indictments are to be laid before you on this subject; if there should be such, I will only observe, they are objects of great importance, and are entitled to your very serious consideration.

Gentlemen, these matters may also be brought before the Court by the presentment of a Grand Jury.

A presentment, Gentlemen, is a statement to the Court, by a Grand Jury, of facts injurious to the publick, from their own knowledge and observation, without any bill of indictment laid before them. This is one of the functions of a Grand Jury, which they have a right to exercise; and this presentment, if it is acted upon, must be shaped into an indictment, and evidence must be given of the facts at the trial, and the necessary formalities in an indictment must be observed,

Gentlemen, another matter to which I shall call your attention is, the state in which the Metropolis now is, in respect to street-robberies and house-breaking. To what cause this increased attack upon the comfort and security of the publick is to be attributed, I shall not conjecture; but certainly so the fact is, to a very alarming degree. We must hope, that it is not from a wilful neglect or relaxation of necessary vigilance; yet, surely, if the existing laws were properly enforced, some stop might be put to the daring robberies daily and nightly committed.' An Act was passed in the 32d year of his present Majesty, authorising the apprehending ill-disposed and suspected persons, and reputed thieves, in their perambulations about the streets and places of public resort, in quest of their prey, before they had the opportunity of carrying their fe lonious designs into execution; that was a temporary Act at first, but the same law has been re-enacted, and is now in

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full force *. It was first made at a time when bands of robbers associated in such numbers as to set the civil power at defiance; and immediately after the passing it had a very visible effect; many disappeared, and many were taken into custody; much good was done, and many robberies prevented; and I think that, if that wholesome law was now acted upon with vigour and perseverance, it would be found one of the best securities provided in the whole code of our criminal law, for the protection of our persons from félonious assaults and depredations. Many years' experience, and attentive observation, satisfy me, that no pains ought to be spared to give this law its full effect. I am at a loss to point out a more effectual means of obtaining this most desirable object.

The severity of punishments ordained for particular crimes act very feebly on the minds of hardened thieves; the chances of acquittal upon trial arising from various circumstances, render the severity of consequent punishment of little avail. Prevention is the great desideratum.

But now, when we meet a gang of thieves in the streets, as we frequently do in midday, insultingly staring us in the face as they pass, and the populace gazing at them with fear and wonder ;one is pointed out to us as the first pickpocket in town; another as a famous house-breaker, that has been so many times tried, and always got off; and so on of others, according to their adroitness in the different lines of their professionA stranger to these matters would suppose these were licensed thieves.

Gentlemen, as to our present system of guarding the night by a few watchmen placed here and there in watch-boxes, and coming out once or twice in an hour, and each going the little circuit allotted to him, and then returning to his watch-box, which I believe is very generally the practice, woeful experience convinces us that no security can be expected from this system. Houses are not broken open by chancethe work is always premeditated: the watchman's stand is first surveyed and considered; the time he will come out of his box is known; the ground he will go over is ascertained; the church clock strikes, and informs the housebreaker the watchman is coming his round; and if he has not effected his entrance into the house he means to rob, he retires from the watchman's beat until he returns and shuts himself up in his watch-box; then all is safe for a time, the thief returns, and effects his purpose. This mode of watching cannot prevent house-breaking. I am aware it may be said, there is nothing new, no fresh discovery in this; we knew all this before. Gentlemen, it is 51 Geo. III. c. 119. s. 18,

very true, we do know it, and in our turns we feel it too; we know, too, it is a common topick of conversation and discussion, and that it generally ends without coming to any conclusion, except, perhaps, some one gravely asks, "Why don't Government interfere, and take it up ?”

Gentlemen, should we not ask ourselves, What we have done? whether we have taken all those measures which the law authorises and points out? Can we say we have tried every means 'the law has enabled us to take? Have we called upon those whose more immediate duty it is to assist, and requested their assistance and interference? or do we only go on from year to year in the same unavailing mode, complaining, doing nothing, nor endeavouring to make any alteration or improvement in our system.

Let it be remembered that every parish is a little independent state in this respect; that it has power to regulate and direct how the nightly watch shall be kept in its own district. In almost every parish there are some gentlemen who take an interest and active interference in their parochial concerns. Would they meet, and seriously consider this important subject, surely there can be little doubt, but that the present mode of watching the night, so evidently defective, might be improved; and wherever an effectual improvement is established, it may reasonably be expected it will be generally adopted.

Gentlemen, at this particular time, when surrounding Nations are looking up to this great powerful country with admiration, and fleeing to it from all quarters for safety and protection, is it not most disgraceful, that the peaceful inhabitants of its great Metropolis cannot lie down at night to rest, without the apprehension that his house may be ransacked, and his most valuable property taken from him before the morning! This, without any exaggeration, is our present state.

Gentlemen, I have thought it proper to say thus much to you on these subjects, hoping, that when you are dismissed from this service, you will, in your several parishes, endeavour to enforce such measures as will best tend to improve our streets and other highways; to prevent street robberies; and to establish a more effectual system for protecting our property during the night.

You will now, Gentlemen, proceed to the business you are more immediately summoned upon; many important matters, I doubt not, will be laid before you, to which I trust you will give your serious attention and consideration; you will besides (as is too frequent here) have many frivolous cases laid before you, arising from accidental quarrels, which occasion some trifling assaults or misbehaviour,

and,

patron; liberal almost to profusion of his Lown property, but a strict economist in the public expenditure.

Nov. In Carmarthen-street, Tottenham Court Road, Mr. Wm. Cree.

Nov. 3. Shot by a Custom-house officer, while running a skiff, loaded with British merchandise, from Lower Canada into the district of Vermont, Mr. H. Brooks, a respectable trader, of St. Alban's.

Dec. 22. At Southampton, sincerely regretted by all who knew her, Mary, idow of the late Colonel George Lewis, who so highly distinguished himself as Commandant of the Royal Artillery at the memorable siege of Gibraltar. Her conduct through life as a daughter, a wife, and a mother, was truly exemplary; and the patience, fortitude, and even cheerfulness, with which she laboured during the last three years, under a most painful, and (as she was well aware) incurable disorder, were such as the feeble pen which traces these lines is unable to do justice to, and none but a true Christian could have exhibited. She survived her four sons, two of whom followed the profession of their father, and died in his Majesty's service; and has left behind her two daughters, to lament the loss of the best and most affectionate of parents.

Dec. 24. Among the unfortunate suffer. ers who perished in the Here off the coast of Holland, John, the second son of John Jacob, esq. of Somerton, who met with his premature death in his 13th year, whilst serving as a midshipman a youth of promising abilities, with mild and amiable manners.

Lost in the Texel, Rev. Wm. Hoblyn Lake, M. A. chaplain to his Majesty's ship St. George, and fellow of Wadham college, Oxford.

Dec. 27. Aged 96, D. Fraser, late farmer of Barnyards, near Beauly. He retained his faculties entire, and was never beard to complain of indisposition: it was only for a few days before his death he was obliged, owing to debility, to keep his bed. He served as piper to Simon Lord Lovat, and fought at the battles of Falkirk and Culloden. The Hon. A. Fraser of Lovat, desirous to shew every mark of respect to an old and faithful servant, ordered both his pipers to accompany the funeral, on the 30th, playing a mournful dirge, to the place of interment at Kirkhill; he also sent to the burying-ground a supply of good Highland whisky, for the refreshment of those who attended the funeral, according to the old custom of the clan.

1812, Jan. 1. Aged 71, Frances, wife of Rev. Thos. Martyn.

The wife of S. Hougham, esq. Charter house-square.

GENT. MAG. January, 1812.

At Walworth, aged 70, Mrs. Elizabeth Ashforth.

Mr. Philip Lediard, son of Mr. L. dry. salter, Bristol.

At Bristol, Mrs. Gould, widow of the late Major-gén. Paston G.

Mrs. Anne Wilson, of Hull. She had the preceding evening completed her 75th year.

At Aberdeen, Jean, daughter of the late James Wilson, esq. of Finzeauch.

At Rahasane, Galway, Rob. French, esq. Jan. 2. In Montague-street, Russellsquare, in his 40th year, John Offley, esq.; without ostentation, steady in his religrous duties; as a parent and husband kind and affectionate; conciliating in his manners, with a most friendly disposition. Mr. W. Ruspini, son of the Chevalier R. of Pall Mall.

Henry Shelley, esq. M. P. for Lewes, and formerly aide-de-camp to Gen. Hulse.

In Northumberland-street, Mary-leBonne, Miss Jane Adair, daughter of the late Patrick A. esq. and sister to Lady

Bernard.

In Gray's Inn Road, Elizabeth, wife of Mr. Charles Warren, engraver.

The wife of Mr. W.Shadbolt, Peckham. At Hanwell-heath, Middlesex, aged 88, Mrs. Anne Græme, relict of the late Henry G. esq. and mother of the lady of Sir Andrew Snape Hammond, bart.

Aged 32, Mr. Melton, of Gainshall, Hunts. On his death-bed, he wished that a favourite daughter, seven years of age, should enter eternity with him. Though then apparently well, awful to relate, she breathed her last the following day. They were both interred, at the same time, in one grave.

In Norfolk Crescent, Bath, Wm. Wyatt Dimond, esq., a member of the Corporation, and joint-proprietor with John Palmer, esq. of the Theatres Royal in that city and Bristol. The sudden rupture of a blood-vessel on the brain was the fatal cause of Mr. Dimond's death; a calamity which assailed him on Christmas eve, whilst high in health and happiness, and surrounded by his family. The mort skilful medical assistance was instantly obtained, and the temporal artery open ed; but human aid was vain, and at the end of eight short days expired one of the brightest ornaments of society,-a man who never, in thought, word, or deed, injured a single human being-Mr. Dimond was the friend and pupil of the im mortal Garrick. Under his immediate auspices he appeared on the boards of Drury Lane in 1772, and in the character of Romeo first elicited those talents which afterwards raised him to the very height of his profession. His person and features were closely modelled after those of

Garrick;