John Jervis (politician)
Encyclopedia
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, law reformer and Attorney General in the administration of Lord John Russell. He subsequently became a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and enjoyed a career as a robust but intelligent and innovative jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
, a career cut short by his early and sudden death.
Early life
The son of Thomas JervisThomas Jervis
Thomas Jervis was an English judge, the last Puisne Justice of Chester until the abolition of the office in 1830. He was also Member of Parliament for Great Yarmouth. With Mary Ann née Dixon Old Swinford, Worcestershire, he had three sons and a daughter. The family name was from a noble ancestor...
, he was educated at Westminster School
Westminster School
The Royal College of St. Peter in Westminster, almost always known as Westminster School, is one of Britain's leading independent schools, with the highest Oxford and Cambridge acceptance rate of any secondary school or college in Britain...
and Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
, though he did not graduate, apparently preferring to take a commission as an officer
Officer (armed forces)
An officer is a member of an armed force or uniformed service who holds a position of authority. Commissioned officers derive authority directly from a sovereign power and, as such, hold a commission charging them with the duties and responsibilities of a specific office or position...
in the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
. However, after two years he returned to study law being called to the bar by the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
in 1824. Jervis followed his father onto the Oxford
Oxford
The city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through...
circuit and the Chester
Chester
Chester is a city in Cheshire, England. Lying on the River Dee, close to the border with Wales, it is home to 77,040 inhabitants, and is the largest and most populous settlement of the wider unitary authority area of Cheshire West and Chester, which had a population of 328,100 according to the...
and north Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
circuit and built a substantial practice, being appointed a postman of the Court of Exchequer
Exchequer of pleas
The Exchequer of Pleas or Court of Exchequer was a court that followed equity, a set of legal principles based on natural law, and common law, in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia during the 1190s, to sit as an...
. He was offered the distinction of Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1837 but, aspiring to a political career, he declined, managing to obtain a patent of precedence
Patent of precedence
A patent of precedence is a grant to an individual by letters patent of a higher social or professional position than the precedence to which his ordinary rank entitles him.-Historical user in the English legal profession:...
instead.
Legal author
Between 1826 and 1832, Jervis collaborated in law reportLaw report
Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.The term reporter was...
ing with Charles John Crompton (Crompton & Jervis) and was also the co-reporter in Younge & Jervis. Jervis's Office and Duties of Coroners (1829) remains the leading practitioners' text on coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
s and inquest
Inquest
Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
s with a 13th edition due in late 2007. He undertook a major rewrite of Archbold Criminal Pleading, Evidence and Practice
Archbold Criminal Pleading, Evidence and Practice
Archbold Criminal Pleading, Evidence and Practice is the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world....
to produce the 4th edition (1831) and went on to edit
Editing
Editing is the process of selecting and preparing written, visual, audible, and film media used to convey information through the processes of correction, condensation, organization, and other modifications performed with an intention of producing a correct, consistent, accurate, and complete...
the 5th to 8th editions.
Jervis went on to author four editions of All the Rules of the Courts of King's Bench and Common Pleas and Exchequer (1832-9) and established his reputation as a leading scholar of procedure so that in 1850 he was appointed chair of a commission to inquire into practice and procedure at the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
courts, alongside James Shaw Willes
James Shaw Willes
Sir James Shaw Willes was a Judge of the English Court of Common Pleas.Willes was born in Cork in 1814. He was educated at Trinity College, Dublin, where he took his B.A. degree in 1836. Four years later, he was called to the English Bar and commenced practice on the Home Circuit...
and George Wilshere, 1st Baron Bramwell
George Wilshere, 1st Baron Bramwell
George William Wilshere Bramwell, 1st Baron Bramwell , was an English judge.-Early years:Bramwell was born in London, the eldest son of George Bramwell, of the banking firm of Dorrien, Magens, Dorrien & Mello. He was educated privately, and at the age of sixteen he entered Dorrien's bank...
. The commission's findings led to the Common Law Procedure Acts 1852-4 which started the process of rationalising the English courts, until then still hampered by much medieval practice, and creating the modern system.
The Jervis Acts
By 1848, the institution of Justice of the PeaceJustice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
had fallen into disrepute, its statutory basis dating back to the sixteenth century. Jervis was responsible for sponsoring, drafting and all-but single-handedly guiding through the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
three bills to reform the criminal and civil roles of a Justice of the Peace in England and Wales:
- Indictable Offences Act 1848;
- Summary Jurisdiction Act 1848; and
- Justices Protection Act 1848Justices Protection Act 1848The Justices Protection Act 1848 was an Act of the Parliament of the United Kingdom that gave Justices of the Peace in England and Wales immunity from civil actions arising from their adjudication....
.
The Acts won considerable praise as soon as they came into force though they did later attract criticism for their verbose style. In retrospect, Getzler expresses the opinion that the system of local justices would have fallen into further disrepute and ultimate decline and desuetude without these reforms. These Acts largely defined the modern system of summary
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
and indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
s within the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
s.
The first two Acts defined the duties of Justices acting other than at quarter sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
(i.e. "out of sessions"). Jervis achieved consistency of practice by appending extensive forms and precedents to the Acts so as to provide a straightforward means by which Justices could comply though allowing them, at least the perception of, freedom to adapt to local circumstances. The prudent Justice followed the precedent and this was a tactic Jervis was to use again in the Common Law Procedure Acts. The Indictable Offences Act is important in that it is the first codification of the police caution
Police caution
A police caution is a formal alternative to prosecution in minor cases, administered by the police and other law enforcement agencies in England and Wales, and in Hong Kong...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, in the words:
A fourth Act, the Petty Sessions Act 1849, proscribed the holding of petty sessions in "unsuitable" premises such as public house
Public house
A public house, informally known as a pub, is a drinking establishment fundamental to the culture of Britain, Ireland, Australia and New Zealand. There are approximately 53,500 public houses in the United Kingdom. This number has been declining every year, so that nearly half of the smaller...
s, though it was delayed because the Bill's provisions as to salaries
Salary
A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis....
for magistrates' clerks and statutory scales for court fees proved unacceptable.
Political and judicial career
jervis was elected LiberalLiberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Chester in 1832
United Kingdom general election, 1832
-Seats summary:-Parties and leaders at the general election:The Earl Grey had been Prime Minister since 22 November 1830. His was the first predominantly Whig administration since the Ministry of all the Talents in 1806-1807....
and held the seat until he became a judge in 1850. Jervis was never overly concerned with local politics and was distant as a constituency MP, even being censured in the Liberal Chester Chronicle for his inaction over the River Dee Bill
River Dee, Wales
The River Dee is a long river in the United Kingdom. It travels through Wales and England and also forms part of the border between the two countries....
and his overly-insistent attempts to ensure that his son was nominated as candidate in his stead when he stood down. Jervis did however take an uncharacteristic interest in the Chester Criminals' Execution Bill (1835) and the Weaver Churches Bill (1840). Jervis was appointed Solicitor-General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
in 1846, becoming Attorney-General three days later when Sir Thomas Wilde was appointed a judge.
Jervis was Attorney-General while the revolutions of 1848
Revolutions of 1848
The European Revolutions of 1848, known in some countries as the Spring of Nations, Springtime of the Peoples or the Year of Revolution, were a series of political upheavals throughout Europe in 1848. It was the first Europe-wide collapse of traditional authority, but within a year reactionary...
were unfolding across Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
and affecting events in the UK. The collateral domestic civil unrest resulted in the speedy enactment of the Treason Felony Act 1848
Treason Felony Act 1848
The Treason Felony Act 1848 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. The Act is still in force. It is a law which protects HM the Queen and the Crown....
and Jervis was involved in the drafting and promotion of the Bill. The Act in turn generated a heavy workload for Jervis in running prosecutions against Chartist activists. Jervis won all such prosecution and achieved some fame and honour, being considered for high judicial office. He was subsequently appointed Chief Justice of the Common Pleas
Chief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
, knighted and appointed a Privy Councillor. In 1854, he heard the case of Talbot v. Laroche
Talbot v. Laroche
Talbot v. Laroche was a 1854 legal action, pivotal to the history of photography, by which William Fox Talbot sought to assert that Martin Laroche's use of the, unpatented, collodion process infringed his calotype patent.-Background:...
, a legal action pivotal to the history of photography
History of photography
The first permanent photograph was an image produced in 1826 by the French inventor Joseph Nicéphore Niépce.- Etymology :The word photography derives from the Greek words phōs light, and gráphein, to write...
. His greatest judicial achievement, however, was the creation of the " indoor management rule" or rule in Turquand's case, giving protection to third parties who deal with a company in good faith without knowledge that the company has not followed its own internal procedures.
Jervis died suddenly, possibly of lung cancer
Lung cancer
Lung cancer is a disease characterized by uncontrolled cell growth in tissues of the lung. If left untreated, this growth can spread beyond the lung in a process called metastasis into nearby tissue and, eventually, into other parts of the body. Most cancers that start in lung, known as primary...
, in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and was buried at Shipbourne
Shipbourne
Shipbourne lies in the English county of Kent, in an undulating landscape traversed by the small streams of the River Bourne, set in a clay vale at the foot of the wooded Sevenoaks Greensand Ridge....
.
External links
- Page at Coroner's Law Resource, King's College LondonKing's College LondonKing's College London is a public research university located in London, United Kingdom and a constituent college of the federal University of London. King's has a claim to being the third oldest university in England, having been founded by King George IV and the Duke of Wellington in 1829, and...