increase, but on the contrary tend to decrease. From Table E it appears that non-indictable offences of stealing, unlawful possession, &c., averaged for the period 1895-9, 7,048; for 1900-4, 6,703; for 1905-9, 6,480; the figures for 1909 being 6,628. While, therefore, it seems plain that during the last ten years there has been an increase of dishonesty, though the figures for 1909 suggest that the tide is on the turn, it seems equally plain that the increase is not so great as appears from an examination of the total of indictable offences, considered apart from the nonindictable offences of dishonesty.

The figures for criminal non-indictable offences show a considerable decrease when compared with the figures for 1908 and with the average figures for preceding periods of five years. They were 74,399 in 1909, as against 80,132 in 1908, 105,735 in 1895-9, 94,288 in 1900-4, and 80,359 in 1905-9. The decrease is almost entirely due to the fall in the figures for assaults. These were 43,161 in number in 1909, a decrease of nearly 30,000 compared with the total for 1895-9.

The remaining (non-criminal) non-indictable offences also decrease-584,707 in 1909 as against 608,832 in 1908. This is mainly accounted for by a decrease of about 20,000 convictions of drunkenness, and of about 10,000 convictions of breaches of the Education Acts. On the other hand, vagrancy offences increase from 116,000 in 1908 to 123,000 in 1909.

The tables relating to the various Courts show that about 80 per cent. of indictable offences are dealt with summarily. At Courts of Assize 3,084 persons were convicted and 729 acquitted. At Courts of Quarter Sessions 8,243 were convicted and 1,409 acquitted. Incidentally, it may be mentioned that at Quarter Sessions 538 persons were sentenced as incorrigible rogues, having been convicted by Courts of Summary Jurisdiction and sent on to Quarter Sessions for sentence under the Vagrancy Act 1824. At Courts of Sum

mary Jurisdiction 712,507 persons were proceeded against; of these 551,675 were convicted, while in 70,394 cases the charge was proved (though technically there was no conviction) and the offenders dismissed, or ordered to enter into recognizances, or released on probation, or committed either to industrial schools or to the custody of a relative, etc. Table X relates to proceedings in the Court of Criminal Appeal-the figures show that 26 convictions were quashed, 38 sentences were affirmed, 35 sentences were quashed but some other sentences substituted, and 4 sentences were quashed. 389 applications for leave to appeal were refused. Only persons convicted on indictment have the right to appeal to the Court of Criminal Appeal, and the result is therefore that of over 11,000 such convictions only 26 were quashed. There were 143 appeals to Quarter Sessions (Table XV), and 58 convictions were quashed. An appeal to the Court of Criminal Appeal costs nothing, while an appeal to Quarter Sessions involves expense. It is significant that of the 143 appeals to Quarter Sessions 33 were in connection with motor-car offences, and 35 in connection with offences against the Intoxicating Liquor laws.

The Police Tables (XIX to XXVIII) cover much the same ground as the tables relating to persons tried for offences, and need not be discussed at length. 105,287 indictable offences were reported to the police-66,093 persons were arrested in connection with them, and of this number 28,448 were convicted summarily and 13,398 were committed for trial.

The Prison Returns (XXXI to XLI) show that 221,199 persons were received into prison, 173,214 having been convicted summarily and 9,600 on indictment. 181,695 were under sentence of imprisonment, five-sixths of this number having sentences of less than six weeks. This fact is sufficient in itself to indicate the difficulties that beset the prison authorities in finding suitable employment for men of all trades and no trades detained for very short periods.

It is also noteworthy, that of the persons serving terms of imprisonment, 92,699 were committed in default of paying a fine, a total larger by some 3,000 than the number imprisoned without the option of a fine. Figures are quoted on page 15 of the Preface, which show that the per-centage of persons who are ordered to pay a fine, and who go to prison instead of paying, is increasing. In 1909, the per-centage was 20'0, whereas in 1900 it was 14'73.

The Table XLIa is new, and relates to Borstal Institutions, created by the Prevention of Crime Act 1908. They are intended for young offenders between 16 and 21, who are on the way to becoming habitual criminals, and who may be saved by a relatively long term of detention (12 months and up to 3 years), in which habits of selfcontrol and industry may be established. The offender must have committed an offence punishable by penal servitude or imprisonment, and Courts of Assize and Quarter Sessions alone can commit to a Borstal Institution. 186 youths and girls were admitted to these institutions (167 youths and 19 girls)—171 were committed direct by the Courts, and 15 were transferred there from prison by the Secretary of State, under powers conferred by the Act.

Table LIII gives the details of the working of the Probation of Offenders Act in 1909, showing that 8,962 offenders were placed under the friendly supervision of a probation officer, an increase of over 900 as compared with 1908; of these 6,862 were males, and 2,100 females. Of this total 3,398 were under 16 years of age. Of the 8,962 persons released under the supervision of a probation officer, 182 were subsequently sent to prison for breaking the conditions of the probation order, 42 were sent to Reformatory schools, and 186 were dealt with for fresh offences committed while they were still under probation. It is interesting to note that 6,525 probation orders were made in cases of indictable offences-that is to say, that in more than 10 per

cent. of the total number of persons tried for indictable offences the Courts decided that the offender could best be dealt with, not by immediate punishment, but by release under the supervision of a probation officer.

The volume concludes with the details of the exercise of

the prerogative of mercy. Four free pardons were granted during 1909, 13 capital sentences were commuted to penal servitude for life, and 269 sentences of imprisonment were remitted in whole or in part. Of these remissions, 153 were granted on medical grounds, and in 60 cases as an act of clemency.

PART II.-CIVIL JUDICIAL STATISTICS.1

The Civil Judicial Statistics for 1909 do not present any remarkable new features. They are edited with his usual ability by Sir John Macdonell, to whose comments and tables we are much indebted. Although in comparison with 1908 there is an increase in the total proceedings in all Courts of about 10,500, this is more than accounted for by the increase of proceedings in the County Courts, which amounts to very nearly 17,000. Borough Courts of Record, Ecclesiastical Courts, Durham and Lancaster Chancery Courts, the Judge in Lunacy, and the Railway and Canal Commission, each show a small increase, but added together the increase from these Courts only amounts to 438. To counterbalance these increases the Appellate Courts each show a decrease, amounting altogether to 61; the Chancery Division one of 278; the King's Bench Division one of 6,273. The learned Editor points out that the figures of litigation must be read subject to the observation that as "a large number of criminal cases are in the nature of money claims

1 Judicial Statistics, England and Wales, 1909. Part II-Civil Statistics. London: Wyman & Sons.

though a penalty is imposed, it may be a question of procedure rather than of substance, whether in a given set of circumstances the remedy is criminal or civil." Ninety-two appeals were entered in the Judicial Committee; this is five less than the year before, but slightly above the quinquennial average of 1905-9, which is 89'4. The average for the preceding five years was 95'2. It is rather curious that the number of Appeals disposed of was exactly the same as that entered, so that a similar number, namely, 100, was pending at the end as at the beginning of the year. Of the Appeals entered during the year 49 were from Indian Courts and 35 from Colonial Courts. The fate of the Appeals from these two groups was somewhat different. In the first case, out of the 31 heard the judgment was affirmed in 12 cases and reversed in 19. The North West Provinces Allahabad Court was unfortunate enough to have nine judgments reversed to one affirmed. The Colonial Courts on the other hand had 19 judgments affirmed to 10 reversed and one varied. The most unfortunate Court of all was that of the Supreme Court of China and Corea, which had four of its judgments reversed and none affirmed. The business of the Judicial Committee also included 69 petitions for special leave to appeal, as many as 19 of which were from the Supreme Court of the Dominion of Canada. Of all these petitions 41 were granted and 28 refused. The Court sat on 91 days.

The Appeals presented to the House of Lords numbered 108 as against 112 in 1908, but it must be remembered that the latter number was the largest of late years. Of these Appeals 70 came from England, 32 from Scotland, and six from Ireland. The Appeals finally adjudicated on were 60. As regards the Court of Appeal, England, in 30 cases the judgments were affirmed and in 11 reversed. The judgments of the Court of Session, Scotland, were affirmed in eight cases and reversed in seven, while the Court of Appeal, Ireland, had one decision affirmed and three reversed.