The Press. — London, England, 1855-07-28 00:00:00

704. with many more. Lastly, he suggested the formation of a permanent sub-committee to obviate the inconvenience attending the assent blage of so numerous a body as the Board itself. The first meeting was held November 13, 1854, but seems to have ended without result. On the 15th November, the CHANCELLOR being present, the Board determined to divide itself into Sub-Committees; each of these to under take a particular department of labour. The subjects chosen were, (1) Criminal Law, (2) Charities, (3) Insurance, (4) Law of Masters and Workmen, (5) Real-Property Law. Be sides the above some minor topics were reserved for consideration. At this stage of the proceedings an interesting and important discussion arose respecting the style which should be used in the,new Consolidating Acts — How far should words which were familiar to lawyers, which by use had acquired a certain definite meaning, and on which many judicial decisions had been based, be retained, and to what extent should a license of alteration be allowed ? Alteration of some kind there must be, else the consolidation became a mere copy with abridgements—a task laborious, fit only for clerks, and very little better than use less. But if large departures from the text of the old statutes were allowed there was risk lest the law-corrector should assume the functions of an independent legislator. On the whole it was thought best that a consider able discretion should be vested in the draftsmen, they being under the orders of, and in direct communication with, the Sub-Com mittee of the Board itself. On the question of legal style Lord CRANWORTH writes thus. Buoting with approval the opinion of Lord ROUGHAM'S long defunct Commission. No legislative interference, he says, is wanted to remedy the verbal faults so generally com plained of. They are purely literary faults. " All that is wanted is, that persons drawing acts of Parliament should use a plain and concise style, should choose with care the 0 proper words to express their meaning, and " never use a word that is not wanted. Above all, they should assume that they are writing for persons of ordinary candour and intern " hence, and not, as now the practice, think it " necessary to provide in terms against every "foolish or unworthy quibble that unfair or persons may possibly suggest." Various other technical suggestions of more or less importance are contained in this note of Lord CRANWORTH. He would limit, but not wholly exclude, those symbols, or words used in a peculiar and restricted sense, whidh render interpretation clauses necessary. He objects to the incorporation of part of an old act with a new one, or to the repeal of only so much of an old act as is inconsistent with the new. Such proceedings only tend to perplex; all the law relative to a particular subject should be, as far as possible, embodied in a single statute. Preambles are often inserted in bills, and allowed to remain in the act, which contain, not a statement to render the enactment intelligible, but a statement of the reasons which make it necessary or expedient to pass the bill. This, though useful while the measure is under discussion, becomes manifestly superfluous afterwards. Hard ships arise from bringing new acts suddenly into force ; and Lord CRANWORTH suggests that a day, or two days, should be fixed in every year whereon all such new acts should come into operation. Farther, he proposes that all acts should be classed in one series, instead of, as at present, in three : the " Public " Local and Personal (Public)," and " Private "—a distinc tion more nominal than real, for many acts entitled " Private" relate to matters of large and national importance ; while the " Local and Personal (Public)" series includes as many whose objects are merely private. "In " fact, the division is not founded on the " nature or subject of the acts at all, but on " the parties by whom the bill is applied for, " and the forms and rules of the House " respecting its introduction." It may be use• ful to retain this classification while the bills are before the House, but farther it ought not to be carried. Besides its merely arbitrary nature, confusion is thereby produced, as in THE PRESS. every session there are three different acts bearing the same number. Next in point of importance as well as of time to this programme of the CHANCELLOR is a letter from Mr. NAPIER relative to the Statute Law of Ireland. He recites the state of Irish law as follows :—There are 2,263 Irish acts before the Union ; since that time there have been passed about 1,300 statutes relating exclusively to Ireland ; making in all nearly 8,600 peculiarly Irish laws, besides those common to both countries. This mass of legislation Mr. NAPIER would bring into small compass. He " thinks it " practicable to have one set of statutes for " both countries," though leaving a few matters to be dealt with by special and ex• elusive legislation. " Ireland should be " brought as much as possible under the same " laws as England. Without this, she is but a " province, and the Union an imperial evil." The reform must be effected by gradual con solidation. Every bill ought to be submitted to the supervision of a responsible depart ment, supplied with a proper staff, thus guarding against blunders, now too common, in framing the bill. With this letter, and some amendments suggested on Lord CRANWORTH'S note above mentioned, closes the first record of the Corn missioners' labours, the Parliamentary papers of February 26th, 1855. Since that date (July 10th, 1855), these gentlemen's first Report has been laid before the public. After briefly re lating their decision on some of the topics adverted to in this article, they recapitulate the works on which they or their agents are actually engaged. These include the subjects suggested by the CHANCELLOR, with the addi tion of several others—(l) "Stamp Laws," "Bills of Exchange, &e.," "Laws relating to Prisons," "Copyhold Law," "Ecclesiastical and Collegiate Leases." They next combat certain objections which have been raised against their method of procedure. First, ought any partial reform to have been com menced until steps had been taken to analyse and arrange the whole body of law ? The Comissiouers reply, "In any case such " arrangement is difficult ; perfectly correct it " cannot be ; jurists differ as to the principles "on which legal classification should be " founded; but the difficulty becomes impos " sibility where, as in the present instance, " only the Statute Law has to be dealt with"— that is, a collection of alterations of, and addi tions to, the general body of the Unwritten Law, which, without the incorporation of the latter, can never be reduced to any order, " since a mere series of exceptions without " the rules cannot stand alone.' It might be possible to lay out a general plan of the entire law, and then distribute the Statute Law into its proper place in that plan ; but this would require the taking to pieces of nearly every statute on the Parliament roll— a work of enormous labour, and beyond the scope of the Commission. Moreover, tke re arrangement must be simultaneous to prevent confusion—" a consideration which alone might " deter any one from undertaking the task at " present." The Board determine, therefore, to disregard for a time at least the principles of scientific classification, and to aim only at the consolidation of groups of statutes relating to single subjects. They claim a large discre tion in all matters relating to style, and regard even substantial alterations, if manifestly expe dient, as within their scope to recommend. Lastly (and this is, perhaps, the most practical result of their sittings), they express a doubt " whether anything satisfactory can be effected " towards the improvement of future legisla tion until some persons are appointed whose " duty it shall be either to prepare, or to revise " and report upon all bills before they are " brought into Parliament, and to watch them " during their progress through the two " Houses," as officers either of the Crown or of Parliament. Here, at present, the cause of Law Reform rests ; for it cannot be said that the expurga tory list of statutes prepared by Messrs. ANSTEY and ROGERS, and printed for the House of Commons in January of this year, has con tributed much to increase our knowledge of the subject-matter. The list wants revision, many entries are preceded with a mark of ia• SATURDAY, terrogation [QII, implying doubts which a little research might have solved, and three fifths of the work is filled with the titles of acts, on the face of them temporary, and which no reader needs to be told have long since oxpired. The total number of acts in this list exceeds 10,000. _ _ So far we have contented ourselves with a simple summary of the course of recent law improvement. It may hereafter be our duty to comment upon that course, and indicate what we regard as its defects. IT will be fresh in the minds of our readers that cn the death of the Duke of Wellington a military college, with his illustrious name, was instituted for the gratuitous education, in a greater or less degree, of the orphan sons of officers in the army. This institution was originated and is supported by voluntary contributions, and the governors of the college have lately issued a prospectus upon the state and prospects of the institution, for which they are the trustees. 11 appears that since the war the claims upon this institution have increased to so large an extent, that it has been determined to enlarge the foundation from that of one hundred to its full complement of two hundred and twenty boys. To attain this very desirable end, a considerable sum is required, and the governors have appealed to the generous feelings of the public. That such an appeal will be amply responded to we have no doubt; and we trust also that the Government will take into consideration the claims which a national institution like this has to the support of the State. Iran appeal were made to Parliament, we are sure that assistance would not be refused an educational establishment of such vital interest to the wellbeing of the sone of our gallant officers, and founded, moreover, in honour of the most illustrious military name in our annals. The Queen has already headed the list with a subscription of 5001., and many of the nobility have followed her example, though in a less degree. THE COLONIAL SECRETARYSHIP has been filled up by the appointment of Sir W. Molesworth to the post, Sir B. Hall succeeding to the Chief-Commissioner ship of Public Works. Vacancies for Southwark and Marylebone have been thus occasioned, and the neW writs were moved for both boroughs on Monday last. The Southwark election took place yesterday, when Sir W. Molesworth was again returned without oppo sition. In Marylebone the nomination is fixed for Monday next. Some placards have appeared pro posing Sir C. Napier as a candidate ; and there are other rumours of opposition. But it is believed that no serious step is contemplated, and that Sir B. Hall will be re-elected unopposed. MR. W. LiNsanx has issued au address to the electors of Tynemoath, announcing his intention of soliciting their suffrages whenever a vacancy occurs. His political principles are "Liberal Conservative." THE TOMB OF ♦ PERENICIAN KING has just been discovered at Beyrout. The sarcophagus of black marble bears a very long and curious inscription in Hebrew. Czcatrrx, who has been released from imprison ment by the Grand Duke of Tuscany, has left for Piedmont, where he will receive the proceeds of a subscription raised for him by the British and Foreign Bible Society. At the end of the year he may return if he chooses to Tuscany. Tut board of directors of the London, Brightot, and South Coast Railway, have decided 'upon recom mending the payment of a dividend for the half•year of 2/. 2s. per cent. on the consolidated stock of the company. _ CAPTAINS EDMUND YONGE AND FRANCIS \TRICE CorroN have accepted the vacant retirements occa sioned by the deaths of Rear-Admirals Macpherson and Harper. IT is reported at Woolwich that the fourteen bat talions of artillery are shortly to receive an addition of two companies each, making ten companies for every battalion. THE commission to inquire into the question of decimal coinage is to consist of Lord Monteagle, Mr. Hubbard, late Governor of the Bank of England, and Lord Overstnne. CAMPS OF INSTRUCTION are to be established on Barham Downs, within a few miles of Canterbury, and on Penenden Heath, near Maidstone. The camp at Barham is intended to accommodate about 4,000 troops, cavalry, infantry, and artillery ; sod that on l'enenden Heath 8,000. M. DUPLAT, a chemist attached to the military hospital at Blidah, in Algiers, has succeeded in pro ducing oil and alcohol by distillation from acorns growing in the oak forests which cover Mount Atlas: One hundred pounds' weight of acorns produced half a pound of oil and five pounds of alcohol, perfectly suited for chemical purposes. THE Imperial Institution for Military Geography at Vienna has announced a map of all the military roads of Russia.