The Express.
London, England, 1862-11-18 00:00:00

LAW AMENDMENT SOCIETY.

Last night, the first meeting of the members of
the Law Amendment Society for the present session took
place at the society's rooms, Waterloo-place; Lord
Baounithit in the chair. Amongst those present were Lord
Stanley, Sir F. Kelly, M.P., Mr. Collier, M.P., Mr. Free-
land, M.P., Mr. W. Hawes, &c.
The Lard Mayor of London was, amongst others, elected
• member of the society •
The CHAIRMAN is addressing the society began by re-
ferring to &letter which he had received from Lord Napier,
the secretary of legation at St. Petersburg, stating that the,
principal provisions of the Code Napoleon were row extended
to Russia, and that the judicial system was totally sepa-
rated from the legislative and executive departments.
This improvement was mainly due to the efforts of M. Ge-
garine, President of the Council of the Empire. His lord-
-1 ship then referred to the exertions of Mr. Napier, the
' late Lord Chancellor of Ireland, to effect the establish-
ment of a department of justice, and hoped that in the
next session of parliament renewed efforts would be made
to bring about this desirable result. There were some sin-
gular recent proofs of the want of such a department. A
capital conviction took place in Scotland by the unanimous
verdict of the fifteen jurymen who tried the case, and
1 with the entire approbation of the judge. Was it not ex-
traordinary that they should have lived to see a meeting
of between 2,000 and 3,000 persons assembled to pre reap-
lutioos nominally in favour of mercy, but in reality to pew
censure on the judge and jury who tried the case? He
understood from a high judicial authority in Scotland that
such was the clamour in Glasgow that it would not be rife
for any of the jurymen to appear in the streets ; sad as for
the judge, his fate would probably be that of the personage
on whom he passed aentence—without, however, the memo
forms. (laughter.) That wee • great ecandaL He had no
doubt that the jury and the judge were right, and Pat
the conviction was well grounded. But suppose it
was not—suppose both the judge and jury to
have been wrong, it was not by meetings of thou-
sands of persons and agitation all over tae country
that the error was to be corrected, if error there were,
because that approached vary nearlyto what he would desig-
nate by a word borrowed from the now dim-United States—
Lynch law. (liear,,hear. He had also received a copy of
a sermon delivered by a man with the same intent.
If the pulpit thus misused, 7 a and perverted its funn-
els:mnd,
tions to canvass judicial proceediogs, he did not know where
it was to stop. (Hear, hear.) Hs right hon. friend the
Secretary of State directed an inquiry into the case, and
after granting a respite for that purpose he did not think
that the capital punishment could be carried into execu-
tion. But his nghtshoo. friend stood in • very awkward
predicament at that moment. He believed there ought to
be • lawyer to guide the Secretary of State in
matter of this kind. If his Evidence Act of Bye years ago
was extended to the case of prisoners charged with criminal
offence., provided it was optional, much of the recent scan-
dal to which he referred would be avoided. if this woman
had been examined, and her evidence sifted by cross-exami-
nation, he believed she would have been couvicted, and the
public would have been entirely satisfied that the convic-
tion was right. Her story was not told at the proper time,
and there was no means of sifting it. The objection that every
person who refused to be examined would be regarded as
guilty would be obviated by the judge telling the jury that
there might be other reasons on account of which
the prisoner might refuse to be examined. He
ought, perhaps, to mention that • letter had been
received from Germany, elating that a Savigny Society
had been established there, the object of which was
to give premiums for dissertations on international and
comparative jurisprudence. Already 2,0001. bad bees col-
lected on the continent for this purpose, and he should
suggest that a committee should be appointed here to cor-
respond with the learned persons who took up this matter.
He should also mention that a very useful periodical had
beenatarted by Mr. B. Jerrold, called The LatedweLiveUnder.
He thought he might say for the House of Lords, that
there was no indisposition there to pus safe and temperate
improvements of the law, and be was sore that, generally
speaking, they would receive support in the House of
, Commons. (Cheers.)

Mr. PALIIIB, the secretary, then read the annual address
of the council, which gave an account of the peat labours of
the society io procuring amendments of the law, and pointed
out the subjects on which legislation was still desirable, re.
tarring more particularly to the creation of • department of
justice„ the consolidation of the statute law, the private
bill legislation, the reform of the ecclesiastical courts, the
concentration of the courts of law, patent law amend-
ment, &c.
Lord STANLEY, in moving the adoption of the address,
said he thought the society had no reason to be dissatis.
fled with the program which it had hitherto made
in the way of law reform. A beginning had been
made in the direction of a consolidation of the
statute law, but that was a vast eubject, sod
as far as he could see, it world occupy the attention of at
least a generation to come. And bills had been passed on the
subjects of divorce, bankruptcy, and the transfer of laud.
The legislature, therefore, could not be charged with entire
negligence on thequestion of law reform. Withregard to the
legal legislation before them, there was some that was not
in a state to be dealt with by parliament at once. The law
of Weans, for instance, was one. Sir H. Cairns moved for
the appointment of a royal commission to consider the
question, and the commission would sit in a few days.
This was the most difficult and perplexing question
he ever had .to consider. Scarcely any two persons
were agreed upon it. Be rather hoped than expeeted
that they would come to some satisfactory result, but at
all events the question could not, come immediately before
parliament. With regard to the concentration of the law
courts, they were all agreed that it wouldibe an advantage,
but the present difficulty was, with an expenditure unpre-
cedented in time of peace, to find the mosey to construct
the new courts._ (Hear, hear.) The creation of a depart-
ment of justice did not seem to attract much public atten-
tion. The majority of parliament were sot well prepared
to consider any plan that might be introduced for this pur-
pose, and be doubted therefore whether anything
would be done at present. With regard to the con-
solidation of the statutes, the most feasible plan
seemed to him to be the creation of some officer or offic
whose business it should be to examine all bills passed
through parliament, so that when a new bill peeped
it should be embodied in the legislation of which it formed
part ; for there would be little value in consolidation if the
same work was to be carried on perpetually. He believed
that parliament would be disposed to consider favourably
any good measure for the reform of the acclasiastiel courts.
The difficulty in this case was not as to the principle, but
the obstacles arising from questions of patronage and
vested interests. But as difficulties of this kind

bad been overcome in other cases, so they might
in this. There was an unanimity of opinion that
the private bill legislation required a change, but there wu
not the same unanimity of opinion when they came to dis-
cus what the change was to be. The railway bills now
formed the main portion of the private bill legislation.
There was • tendency on the part of railway companies to
go to a reckless and unjustifiable expenditure in promoting
or opposing, it might be, some small branch line. (Hear,
bear.) He did not know that it was possible altogether to
prevent that, because one set of men contributed the money,
and another set of men spent it. (Hear, hear.) The
shareholders certainly had nothing like a real and
effective control over the directors. (Hear, bear.) That was
• matter in which they must help themselves, by organising
vigilance committees, with seise of scrunching ethictlyhow
the money was spent. This was a matter in which parlia-
ment could not help them. As the questions which had to
be decided by the railway committees of parliament were
questions of discretion rather thee of law, and as their
functions were rather administrative than judicial, be did
not see to what other tribunal they could be referred. Sonic
arrangement might perhaps be made between the two
houses which would render it unnecessary for • commit-
tee of one house to go over the same ground which
had been traversed by • committee of the other
bona. But he believed the main remedy wee to
be found in the shareholder exercising • more vigilant
watchfulness over the directors, and compelling them to
make public everything for if shareholders did not protect
their own interests they must not expect others would do
this (or them. (Hear, hear.) He bad studied the reports
of the society, and be did not think it vanity on their part
I to asy that the ideas ventilated in that room had not been
without effect in promoting law reform. (Hear, bear.)
Sir F. KILLY seconded the motion, and in doing so re-
ferred more particularly to the necessity for consolidating
the statutes and establishing a department of justice.
After a brief discussion the motion was adopted, and •
vote of thanks to the president terminated the proceedings.

CALLS TO THE BAlL—Lincoln's-inn, Nov. 17 :
The undermentioned gentlemen were this day called
to the decree of Barristerat-Law by the Ho-
Doorsld• Society of Lincoln's-inn, viz. : Edward
Gilbert Herbert, Fag., LL.B., Loaders (bolder of the
studentship of Michaelmas Term, 1862); Thomas George
lards Esq., RA.. Oxford; George Moody, Esq., M.A.,
Cambridge ; John Rom Coalthart, Esq. ; John Booth,
Esq., M.A., Oxford; Edward Howorth Allse, Sm., 8.A.,
Oxford ; John Neill Jops Hichene, Esq., M.A., Oxford ;
Thomas Tiedal Methold, Eq.,RA., Cambridge ; Edward
John Foster, Esq., R A., Oxford ; Marshall Hall, Esq. ;
Horace Waddington, Eq., ILA., Oxford; George Isaac
Foster Cook, Fsq., RA., Cambridge; Clifford Evans
Fowler Nash, Esq., 8.A., Oxford ; Walter Morehead. Esq.,
B.C.L. and M.A., Oxford; Kenyon Cheeks Shirooliffo
Parker, Esq. ; Henry Burrell, Eq., BA., Oxford ; Wood.
yen Merricka Beaton. Fag. ; Lewis Pugh Evans, Esq.,
M.A.. Oxford; James Stirling, Eq., 8.A., Cambridge ;
and Thomas Lloyd Murray Browns, Eq., 8.A., Oxford.
—Gray's-ice, Nov. 17 : At a Pension of the Honourable
Society of Onty's.inn, holden this day, Berkeley William
King, haq., was called to the degree of bardster-at.law.—
Middle Temple, Nov. 17 : The undermentioned gm
tlemen were this day called to the degree of !the
utter bar by the Honourable Society of the Middle
Temple : Richard Tarrant Harrison, Esq., of 5. Brick.
court ; Charles Philip Cooper. Esq., of 3, J. Jekneoe's-
beiklinp ; Edmund Russell Roberta, EN., 8.A., Queen's
Cambridge, and of 2, Pup-oourt, Middle Temple , •
Collage
Loges, Esq of 68, St.ni
John'swood.ternice. and
ofPenang ; and Charles Lightfoot, Rol.. of the Oaklands,
gdgebeatos.
WINTER OVIECOASE 01 the sew materials are
kept for impaction or sate, at Hamilton end Kimptoria, 106,
Strand, opposite sister HAII.--(Adveslasement.l