The Press.
London, England, 1857-01-03 00:00:00

statute-book—i e. from the reign of HENRY 111.
to that of VICTORIA, a period of six hundred
years. But as this would imply an amount of
knowledge almost superhuman, we need not
be surprised that the statute-book abounds in
oversights and contradictions. Our legislators
are, in short, compelled to attempt a remedy
for each particular grievance as it may arise;
and thus statute is heaped upon statute with-
out anything like system, and not unfrequcntly
in direct contravention cf previous enact-
ments. It is notorious that the uncertainty
which prevails as to the construction of Acts
of Parliament is the most fertile of all the
sources of litigation. The complaints upon
this point are loud and frequent—witness the
late proceedings in the case of the British
Bank—but so long as the statute•book remains
in its present state, so long as no attempt is
made to diminish the bulk and to amend the
forms of the written law of England, such
evils are unadvoidable.

Lord CRANWORTH appears to have been fully
alive to the evils we have here indicated from
the time he reached his present elevation;
hut he sought in vain for the true remedy.
He took one step, however, which has indi-
rectly led to results of the highest importance.
He appointed the Statute-Law Commission to
inquire fully into the subject, and of course to
find a remedy if possible. Much was antici-
pated and promised from the labours of this
learned body, but up to the beginning of last
year no practical progress had been made ;
and for this substantial reason, that notwith-
standing all that had previously been said
and written on the subject of the Statute-Law
Commission, no definite plan had been agreed
upon as to its duties and its objects. The
Lord Chancellor at first entertained the pro-
ject of codifying the common law of England,
being instigated to attempt this impossible
task by the present Attorney-General and Mr.
JOHN GEORGE PHILLIMORE. We call this task
impossible because with our present form of
Legislature we believe it to be so. The most
celebrated codes both of ancient and of modern
times have been the work of despots. Neither
JITSTINIAN nor the great FREDERICK nor NAPO-
LEON had any independent assembly to dis-
cuss or dispute the wisdom of their decrees.
But where is the Minister who would under-
take to carry through a British House of
Commons an entirely new code of laws?
Who does not foresee the endless discussions,
the infinite diversity of opinions, the collision
of rival interests, to which such a measure
would inevitably lead? Lord CRANWORTH had
apparently considered none of these things
when he committed himself in the first in-
stance to the project of codification. It is
unfortunate for the interests of the public
that he ever seriously entertained it, as by
that means much valuable time was lost.
Shortly after the opening of the last session
of Parliament, Sir Fizzaov KELLY brought for-
ward his motion respecting the consolidation
of the statutes. He had been previously
placed upon the Commission, and had, after
fully investigating the subject, made up his
mind that the pr-jest of codification was
wholly impracticable. But he perceived that
the work of consolidating the Statute Law,
although an undertaking of immense labour,
was one which presented no insuperable diffi-
culties in its execution. In these views he
was seconded by Lord STANLEY, who takes a
warm interest in the improvement of the law ;
and the House of Commons, convinced that
the plan was practicable, and that, if carried
out, it would prove of essential advantage to the
public, consented after some delay to provide
the funds necessary for its commencement.
Since that time the work of consolidation has
been proceeding steadily and rapidly The
difficulties with which it is beset are innume-
rable; but they are fast giving way to the
energy anti perseverance of those who planned,
and who aro now engaged in superintending,
the execution of this great undertaking.
Let us briefly explain the nature of the
work. The consolidation of the statutes
implies no alteration or amendment of the
law : it is only the work of reducing into form
and symmetry that which is now a shapeless,
undigested ihass. It is the winnowing of the
wheat from the chair; and we may add, that
the proportion of the former to the latter is