The Express.
London, England, 1853-03-15 00:00:00

REVISION OF THE STATUTES.

Lord LYNDHURST said he had learned from the usual
sources of intelligence that one of the legal measures con-
templated by the government was one for the revision of
the statutes, by which a great variety of acts were to he
altogether struck out, and the remainder were to be classi-
fied and purified from the confusion in which they were
now placed. He highly approved of the learned gentleman
who had been selected for the work, nor did he envy him
the task he had undertaken, but as far as he (Lord Lynd-
hurst) could collect from his noble and learned friend on
the woolsack, that task was only to eatend to the revision
of put blunder", and not to prevent the chance of their re-
currence
in future. If that was to be the course adopted,
it was one which would satisfy neither the profession nor
the public. Every one who was in the habit of attending
our courts of justice, could bear testimony to the complaints
constantly made by our leaned judges, as to the de-
fective and carless
conducted. Hours and sometimes days were frequently
consumed in endeavour:llg to understand obscure p
in statutes, and generally with very unsatisfactory results.
Lord Langdale had brought the subject before their lord-
ships same years since, stating that some statutes were so
framed as almost to defy interpretation. Another
learned lord had brought forward the subject in 1848, also
citing various instances, but unfortunately neither of these
efforts had been attended with any practical result. He
himself, on recently looking over a collection of judgments,
had been struck with the frequent complaints of learned
judges as to the ambiguity of enactments. If ha were asked
what was the principal e .use of all this mischief he would say
it menthe eaMme way in which amendments were intro-
&wed. Thom eneendene nts were generally introduced by noble
lords mr members of the other house of parliament who had
not taken the trouble to read the bill, and therefore often
framed their amendments in opposition to its general scope
and intention. Nay, more, their amendments were
often not in harmony with the particular clause
which they wen intended to amend. Who could
be surprised, then, that under such circumstance
frequent ambiguities and errors occurred ? Another cause
was the careless manner in which bills were often originally
framed. He begged to ask his noble eel learned friend on
the woolsack whether in his measure for the revision of the
statutes it was his intention to introduce any provision to
remedy the evils he had mentioned.
The LORD CHANCELLOR felt as anzinus as his noble
and learned friend to have their legislation as perfect as
possible, and he had stated his view at the commencement
of the preftent sitting of parliament. His object was not
only to provide for the consolidation of past statutes,
but for their better construction in future. At
the same time he did not wish the house to

believe that he had any definite plan in view to-
wards tarrying out the latter object at present. "lie
had already awed that, in his opinion, the best plan would
In not to lose time in speculating as to what would be the
lest cosine of proceeding, but to proceed at once to do
gogasthiag. With that view he had se,ured the servicea of
a learned gentleman, who in addition to the general qualifi-
cations to which his noble and learned friend had done jus-
tice, poresled the peculiar qualification of being the only
sing one of the commissioners who had framed
the statute law report.. He (Lord Cranworth) did
not hope for much remit until after the Easter
recce', bet then the veuis would be commenced,
Yd tho hest step would be to eactrtain of what
thou statutes actually consisted. for he bet ieve.l that the .1i
quarto volumes of whi, h the vtatutea at lame con•itto d might
family a colaprowl law us cc tam, la Which On alias

be made more inte:ligible than at present, and expressed
in batter language. When that work war achieved As
would lay the improved addition before the house as a spa•
dawn of what might be done. and then they might proceed
to consider what might be done towards ttfecting reform for
the future.
The Eirl of ELLENBOROUGH suggested that bills
should be printed in every stage. Hs had tried that
plan, and Ciuud it most efficacious.
Lord IILUESDALE thought that after the conflict of
d eisions on the subjixt it was most desirable that it should
be clearly settled, by set of parliament, that " may" war
permission and '• shall" imperative.

Lord LYNDHURST said for the last 100 years there
had been con%tant arguments upon the meaning of the word
tt may," whether it waste be considered permissive or im-
perative.
Lord ST. LEONARD'S said he confessed that it was
with some storm that he had heard the noble and learned
lord declare tuet he proposed to alter the language and
forms ot the statutes. An immense number of titles de-
pended upon old acts of parliament, and if there was to be
• new construction it must be settled by law ; the difficulty
of which seit:,,neut would be very considerable. The mo-
ment they attempted to alter the form and language of ems
of parliament, it would no longer he a digest or a mere ciao-
sifleation, but • code which would have to be dealt
with. 'Vito committee on the criminal law had been
cuneidering what would be the operation of a rode ; end
their lordships could scarcely conceive the difficulties of
codifleition. After days and days had been open!. on the
bill, no one mild venture to say that there were not many
errors which nothing but the careful perusal of a compe-
tent person, looking at the bill as a whole, could idiftice to
detect. One step towards remedying the evil complained
of would be not to permit bills to be prepared by any but
comeotent persons, and after they had been prepared to have
every alteration which was made submitted to the framer,
before its final adoption. Without some arrangemeet of
that kind, bills could never be free from errors. Their
lordships must take some blame to themselves fur out
giving roil. the attention which they deserved ia committee.
They had it in their power to take care that alterations and
amendments were mentioned openly, and discussed re-
gularly and properly before they were allowed to pass.
While such a number of bills were brought up, however, at
a hits pi lied ot the session, it was impossilde for that house
to know what they contained.
The E srl of ABERDEEN said for more than forty
years he had beard these comtilaints. Every government
had ',drained the evil, but he did not remember one which
had proposed a remedy ; bur, on behalf of her Majesty's
prisent government, he begged to say that their attc nylon
was directed to the subject, and be hoped that some useful
steps weeld be taken towards the accomplishmeut of the
object.
- - -

Lord BROT:GHAM was glad that the attention of the
government was directed to the important subjzct of the
making of the laws. Ile agreed with his noble and
learned friend (Lord St. Leonard's) that great difficulty
attended en alteration of the language of the law, and
he thought that great care must be taken that the new law
was so framed as to suit previous judicial interpretations.
But though the task. was difficult, the experience of other
countries, and to a certain extent even that of our own le-
gislature, showed that it was not impossible. It would not
be enough to pt., vent gross errors Irons getting into the eta-
tut, a. Its agreed with his noble and learned friend that
great cue should be taken in the original framing of bills,
and with regard to the subsequent alterations. But this
object could not be secured by the supetintending care et
any one individual: neither did he expect to live long
enough to see their lordships bestow the requisite attention
on the details of bills daring the next critical half-hour
—(it was now nearly seven o'clock] —much less during the
succeeding four or five hours. (Laughter.) Ile bad no
doubt, however, that a board under his noble
and learned friend on the woolsack, or his successor, acting
as Minister of Justice, would bo able to do ali that was re-
quired to secure the wise and safe preparation of acts of
parliament, and enable the legislature to come as near as
possible to perfection. It had often been remarked that the
establishment of a Ministry of Justice was highly expe-
dient, and many who objected to the term had no objection
to the thing. (Hear, hear.) fie would only add that he
thought the prejudices on this subject were not powerful
enough to prevent ultimate success. Ile would here take
le eve to read to their lordships the words of a most dear,
lamented, rind truly-venerated friend of his, the late Sir
Samuel Rennin., es applicable in some measure to the
matter under consideration. Ou failing for the third or fourth
time to obtain the swat of parliament to his enlightened
measures for the amendment of the law, he said—" I am
not so unacquainted with the nature of prejudice as not to
have observed that at strikes deep root, and flourishes in all
soils, and spreads its branches in every direction ; but I
have observed also, that flourish as it may, it must, by
laws sacred and immutable, wither and decay after the
powerful and repeated touch of truth. And," he added,
tt whatever, may be my fate, the seed which is scattered
has not fallen on stony ground." It had not fallen on stony
ground ; for every one of his measures—and let every judi-
cious, and prudent, and moderate amender of the law
take comfort from this fact--every one of the measures
w nich that illustrious man propounded, though unhappily
he did not live to see his triumph, had now become part of
the law of the land, together with a number of other im-
provements which even he, sanguine as he was, hardly
dared to expect.
The subject then dropped.
COUNTY ELECTIONS POLL BILL.

On this bill going into committee—
Lord BROUGHAM said ho could not help expressing
his gratitude to his noble friend for introducing a measure
which was so likely to prove beneficial, especially by dimi-
nishing the expense of elections. As to the prevention of
serruption he felt quite sure that the extension of the
auslar of voters would not have that effect. Corruption
might just as well take place in a great city—for example
is a city which was not far from that spot--(laughter)—as
is a place of more limited population. Neither did he
think that corruption could be prevented by secret voting.
He knew that he differed from many able and escelleat
men, who, having devoted much time to the sub-
ject, considered secret voting the true remedy for
the evil. He confessed, however, that he could
set see bow taking away the means of de ia
a mime would prevent its commission. Moreotert,&
ugs, were made u secret as possible, that would set pa-
resit $ bargain from being made by the candidate_ throne'
bit tent, with the voters, to this effect: "Let Mr. So and
Seim returned, and you shall each of you have 61.;" every
welter being thereby turned into an active agent for the re-
tarn of that individual. He hoped their lordships would
beer from the noble earl opposite (the Earl of Aberdeen)
that the government were prepared to take some NNW
wares for the purpose of extirpating, if possible, this great
evil from our electoral system, whether by enacting some
new mode of prosecuting offenders, or by Increasing the
peealty of the offence, not of the unhappy voter, hut of the
party bribing hint, who was, in his opinion, the worst cri-
minal of the two. (Hear, hear.) He hoped they would at
least hear that the attention of the government was being
directed to the subject.
The Earl of ABERDEEN said—l can assure 'my noble
and learned friend that it is impossible that he should be
more desirous, inure anxious, to check bribery and corrup-
tion than her Majesty's government are. (ttter, hear.)
This being the ease, et course the subject occupies their
most serious consideratien—(hear, hear) ;—and Ide trust
that something may be done. I think that already ley
noble friend the memberjor the City of London has given,
if not notice of a measure, yet an intimation that the sub-
jut occupies his attention, with the view and in the hope
of meeting the evil to which my noble and learned friend
has alluded, and which, if it continue u it exists at present,
will go far to bring our whole representative system into
contempt. lam not prepared to say that any measure is
ready at this moment for introduction either in this or the
ether house of parliament ; but that something will be at-
tempted I think I may confidently assert, and I do hope
that this beau will give its active co-operation in promot-
ing anemia me see seeeive it with indifference, or show
may relaelasee le give east to that which has really be-
moan a matter of reeestity. (Hear, hear.)
Lord BROUGHAM said he hoped and trusted that not
only that, but the other house of parliament also, would
show that it was in good earnest. (Hear, hear.)
Lord WHARNCLIFFE thought there was scarcely any
difference in either house of parliament with regard to the
imperative necessity of taking steps to repress bribery. It
was, however, but justice to the country to say that they
ought not to lay too much stress on the exposures which were
now being made. Speaking from experience, he should say
that he believed there was warmly a single member of the
other house of parliament who, if all the transactions of his
election were submitted to a test of that kind, would not be
liable to be unseated, without the slightest participation on
his own part in bribery. He did not mean in any
degree to excuse or to palliate these practices, which still
existed to too great an extent, and it was their duty to ap-
ply their best energies in order to repress the evil.
(Hear, hear.)
The Earl of CARLISLE was glad that this discussion
had taken place, though perhaps it wu not strictly con-
nected with the present bill. He fully concurred in the
spirit of the remarks of the noble lord who had just spoken,
whose experience of elections had been analogous to
and concurrent with his own. Not yielding to any man
in his wish to prevent bribery, he thought it would not be
fur the benefit of even virtue itself to run down the vicious
course with such a want of discrimination as to include
within it what the general feeling of the country did not
Kreider reprehensible. For instance, the giving of a glue
dime, to a voter who came a long way to vote for a can-
didate ought not, and would not, be regarded in the same
light as an act of direct and systematic bribery. (Hear,
hear.) He hoped that the present bill, though not of
large scope, would be found serviceable. It would save
the expense of a day's polling to the candidates, and would
diminish the opportunity which sometimes led parties to
have recourse to bribery, or other discreditable courses,
which it was new more than ever desirable to put an
end to. (Hear, hear.)
The bill then passed through committee.
INLAND REVENUE OFFICES BILL.

On the motion of Lord STANLEY of ALDERLEY, this
hill passed through committee.
COMMONS INCLOSURE BILL.

This bill pared through committee.
OFFICE OF EXAMINER (COURT OF CHANCERY)
BILL

On the motion for committing this bill,
The LORD CHANCELLOR said, in reference to a pe-
tition which had been presented by the Metropolitan and
Provincial Law Association against the clause in this bill,
whi• h confined the appointments to the ffiee of o:mint r
to the clam of barristers, that the reason why the
meat was so confined was, that the duties of the office had
become so important and extensive, that they could only
be adaptstely danbarged by banisters. Then was se In.