The Express.
London, England, 1857-01-30 00:00:00

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(Stamped id. Additional.) [TWOPENCE.

sake repialed lammorrow, confidence between man and
MOB lac Ilik am a rule in all ordinary centre-ft.,
fit bi • adblent fesewentee for their fulfihnent. Their
me bears af lanes. in England where verbal con-
tra:to ended sae hundred thousand in number every year.
In a commercial population, therefore, of twenty-seven
millions ef people, eprowl over the Vented Kingdom, whose
existence is almost entirely dependent on bu)ing and selling,
the enormous number of lethal context-tit arising mounget
theta batiks all human conception. It is futile to pay that
traders are governed by the Statute of Iniuds in their busi-
ness transactions with each other. They ate governed by
the amnion impulses of human nature, naff by the con-
fidence which every man in willing to place in the good faith
of hts rustoner. It is altogether a work of sapenvegatissi
to attempt to regulate by law the operations between men
and loan on principles inconsistent with the confiding baits
'et the people. Notwithstanding the prevision of the terms
of the law, how few indeed must be the mines of diorite
compered with the multitude of operations between indi-
viduate. It is not that thu oxietenee of such a law has
prevented dispute and comequent litigation between par-
ties, but that people have never troubled themeelvee as
to its provirions, and, as a rale, are upright and honest in
their dealings with inch other, on the common principles of
expediency, as well as morality, without even knowing, far
lees raring, about the boundary lines told down for their
government by this section of the statute. It is the
sticklers for precision in contents wise are too often
the litigants. Sengrulously and designedly exact them-
velem to niattere of minutite, they are awfully severe on
their too confiding etmliters after the bargain ought to be
considered m fairly concluded—too often prompted, by the
(vilifies which the law gives them, to stick up fur law at
the expellee of honesty. Fran the character of the oppo-
sition offered to a repeal of this election of the statute, it
would almost appear (contiery their world-wide repu-
tation) that the masentith In contradietinetion to the
«martial, community of England is the only
trading body which has no faith in the integrity of
its manses or of any one around them. One great objection
is their pan is grounded on the amebas:on that by a repeal
of the seed= the present practice of delivering bought and
sold ecennets for eelonial produce, shares, stocks, ice., may
Itz=dthy be compromised, and • system of fraud be th-
under the authority of law, by which verbal con-
tracts in respect to such transactions might have equal force
se the ante of written contracts at went in use. With
great seina to the mercantile body, who are entitled to
all porible respect in the cathisration ore queetion involving
so (spirt a priodpir, it is maintained that DO Ouch
result may be beaded, es the natural consequence of a
repeal of the 17th swath Their attention is invited
to the practice which wrath in other countries on
that point. In Soothed sod our colonies, as well
as in ev en the bee of Europe where
the principle in that section has never been
=1 d hat clam me effected through the
show tit bat y hes, or by the exchange of written
cestaads Istvan mosarats, is la this moats,. It is the
noratatis shale ad a mitam nerdy, bat a law of
thielletret there is as higher kw la opposition.
meg* eansalle the mate eqtrosocy in tide
many, sad then is 'Jeddah la tbs peoposod repeal which
raid ilZeird.teleset es ant tt, os it ie beaded on the
asst morality sail expediency.
Bat wen there likely resty foundation for each fears,
wan( is sear them to obviate it by 8a emetateat spoof -
tying do exeendens abort written wants aka 'MU be
id to be binding. In methadon, it la been shown that
NM when the 17th meths of the Mate of Frauds be-
came law, there existed so tends nesamity for its enset-
rand ; that it I. contrary in spirit to the confiding habits,
not only of our own people, who do notebeerve its provisions
in their dealings with each other, but of all other nations in
Europe, as well se in Scotland and our colonies—that it has
led to much vexatious litigation—that mercantile usage is of
itself a sufficient protection to the practice of employing
written contracts, where sorb contracts are at present em-
ployed—that the commercial greatness of this country has
&Hem and cannot fail to be maintained in despite of such
law—and, it is submitted, that these arguments early addi-
tional weight, If not en overpowering forte, when it is con-
sidered that in the recent debates en the subject during the
awerful
lad erasion et parthment the learned judges in the House of
Lords bore ea and unanimousteetimony, from
their grad e ee of its operation, to the ineeptheney of '
continuing a wr so vexations in its character as to render it
a vicious part of our juriependesee. A good law can alone
be tested by its egkieney. If circumstances have arisen to
adopt its principle Ira a matter of expediency, and not because
the law dictated it, by one class of linden., to the manifest
detriment of another clam whale dealings are opposed to it,
the law itself cannot be adapted to the wants of a torsnrvW
people, and ought therefore to be repealed."
Kr. HEATH, of Liverpool, said the Liverpool Chamber of
Commerce had opposed the alteration et the law, considering
a written contrect necessary.
Mr. W. Hawes thought that, although in contracts
which would be speedily fulfilled a written agreement might
sot be required, it was yet advisable that contracts, embracing
many stmulatious and requiring a considerable period for
their performance, should he in writing.
Mr. C. lloitnani said, notwithataiaing the fact that he
was the president of the Liverpool Chamber of Commerce,
be must expnws his dissent from the opinion of that body in
reference to the chaise In the statute of frauds then under
considemtion. In the most important branch of trade in
Liverpool, the rotten trade, it was "more honoured in the
breech than the observance." In fact, no written agree-
ment was ever entered into between the broker and the
buyer.
A DDLTOATZ from Birmingham remarked that the com-
mercial community of Birmingham concurred with the Liver-
pool Chamber dCommerce in its opposition to the alteration
of the enema
Mr. Jointorosa, of Leeds, who, in announcinehis name,
Asa that he Ins from the West Riding, and was in 1830
the gnat snag anew the constituency to record his vote for
Lori Itseagbane odd be was of opinion that the more freely
the low sieved sea to transact their business one with
radiarObe better would it be fur the community at large.
1•0114 DIODIORMI (to Mr. Johnstone)—l am still deeply
woad tar the honour you did me in the West Riding.
(Laughtee.)
Mr. Watt.s, of 110, advocated the retention of the
clans.
Mr. REA; of Liverpool, remarked that in his experience
of trials on questions of contract, the statute of frauds was
in nineteen cams out of twenty pleaded to the injury of the
helmet DWI.
Mr. M. Boas mid that in the merit towns the merchants
generally were oppeed to the contemplated alteration, while
in the midland &Arista there was a general feeling in favour
of it.
Mr. HADIDLL observed that it might be very well to
transact business on verbal contracts in Manchester, the ful-
filment of the contract being immediate ; but the case was
very different in earports, where, as a premutionary measure,
it was neeessary to have recourse to written contracts.
Mr. C. Dolt said the clause Is question was nothing else
than a trip for the honest trader ; but as in certain transac-
tions a vendee contrast would be necessary, he would move
that the clause in question ought to be repealed, and an act
pared „alienating with the nation of any amount, and
that in specified contracts the agreemad should be reduced to
writing.
Mr. LLOYD seconded the itheinHon.
Mr. HASTINOII observed that an act of parliament which
was opposed to .sableabial would be inoperative.
Tito resehas was adopted.
Oa tie moths of Mr. C. °LLANO, seconded by Mr.
MIADLAIK, M.P., the dram d the Conference were given
is Lead Brougham, for Me sections in the promotion of
law nterna and for his kindness in presiding ; and, his lord-
=biarsving briefly acknowledged hie compliment, the pro-

THE WAINVORTII MCIIDER.—THE PRISONER
DAOOX.—We cannot leen that any proceedings have been
tarn by the authorities et stoked to rhos the talehis
ed/irs. Boor On order to arattaia It bee both was oared
by saris), r normarrisi by Mr. EN" the Imalleth
pia ergierate. It it tow anted—eel diem is mid to
be ample evidence of the bet—that on the theory Urn bar
Leah is was taken anifirly Mat her as boar Wm&
ray sitar pertain et stenebrer that ale went S. lie down
and amprinel et eganidegysin; thr dram visited by Mr.
Beater, trader, who reeemerri boa reseal to her own
house; that 'lamas conveyed Mar Ina sobs ; and thatafter
redrew on the brilowing Turnery smpielor seem enter.
War sod expand that bar irk wee not the result of a
astral are. It is rebate that many wars sine are laid
to Dirm's theme than he is lily werwatabla for ; but it le
meat ths wend raw sear* lime it way intoner, and
einarremese hew ems wt Irish pwor the rimers of his
ehmeelar. WY limo sit • terlareen • few
sow Odra ma saw Ferry, whirl had bpsi
from dr min" Imre led at Bacon's beer el whoa the
belssma wanted to admire them Brat velar to glee
them up, ma her the as his
orzfroperty. On the
death at the hie Kr. Gilbert, un., 140011/1/010..
Melms mei his allmr he about ear, be
had* • moosth• ureust, but the band was dle.
Wei and Os sr* was ralemsd, and Bacon thus lea
larary asrpel pridreent. rhea be went a
the ht
la pat up gewinniere In varier perte et
ikbwrMsts cammardsa, th• maw, wee
ea swat dr parmardor e &Om
Brea bid dr me
banes to neap ell Peter- It was w
hiled tbst be bad send • pier *rdM dr mere
plps la esti a earn that he atria tho Wier parrs
ram es be moms& wither ieS the
mdse. Oa emeareg ths rabbi tor 11 tattle tredlit was
thrund with arr. re is. wirers were bra Ili*
it is rile 4mM bar me rat ea Si the right af ths ear
destalian Vida= err lIIMINIES ei dleMll.l.olB. Zit
Men arid arsfary. strsaf ebb& en probably
Sersrlita The rerierisi ars 8f &mak sr lear's
maw r u ma* arre—Pagita Ner*Nv (bieee).