The Sun.
London, England, 1852-02-10 00:00:00

S pi
Thc
•

-41),
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and inconsistent with the changes of the time in whic'
lived, and it produced consequences precisely the oi
situ o: those which its original framers intended. 01
'Jelly, there was no such thing as written Pleading in for, r _
times, but a system of oral pleading then existed. wLerA....---,,-,.,it„;mlN
parry brought an action he came into come and stared hiMr4rs v.""
ce.se, and then the defendant's counsel either made an oh-
jeczion in point of form, or disputed the case upon, its
merits. The objection; if it were mere one of form,
was decided instantly, and if the decision went against
the plaintiff, application to amend was made imme-
diately, and after such amendment was made the defendant
was called upon to answer the case upon its merits. When
the defendant had pleaded to the action and the objection of
the plaintiff's counsel to that plea, if any were made, had
been taken down by the officer of the court, the pleadings
were put in a proper shape, and the issue which the jury
had to decide upon when the day of trial came was arranged.
In later times, when the legal business had so increased, it
was found impossible any longer to have a form of oral
pleading. The declaration accordingly was prepared in
the allegations
aatniednethwebdieebfenirdaenent
thaiandedt.ime
It had
fhreimquetnotlaynbswaper.
ampneednreedfethat when the objections to a declaration were of a
inneh baatpol
dg objectionseu celnatiayt determinedhp neta
hnad tee udbur
peept,reehenntsahet
nfafiettlrae tdshye.moi
system
those
eemhor
abfjroeic
twelvet on s
monthswere n not f arguedter
the
ble delay. The observation
applied
tceau cause
econdseildaeyra
equally to frivolous
was one
procedure, for
telirfotthe
r would
greatgofaur pro-
ceedingsrrdd which were -
taken in a cause. Their Lord-
ships would perceive how
ti differently mere formal objec-
ons were dealt with in times past to what they
were at present. In very early times all
tried in Westminster Hall, but in thefcases were
reign o Henry I. a
statute was passed by which a circuit took place once a year;
and in the reign of Edward 111. the statute was passed which
had reference to the sittings at Nisi Prins, and the assizes
were directed to be held twice a year by that statute. Still,
in form, the case was apparently tried in Westminster, be-
cause the jury who belonged to the county in which the
action was to be tried were summoned as if to attend in
Westminster Hall ; but they did not attend, and were only
actually summoned when the judge went the circuit. In
the year 1846 there had been 146,000 writs issued; 2 per
cent. of the whole were tried, 5 per cent. went as far as the
declaration, and 7 per cent. never reached even that stage;
so that in one-half of the cases in which writs were issued
the dispute was settled before the time arrived for entering
an appearance to a declaration. The vast majority of cases
in which writs were issued were for undisputed debts. The
Present Bill sought to diminish the expense connected with
the earlier stage of a cause. The present Bill travelled
through every stage of the suit. It provided that when a writ
was issued it should be endorsed, which endorsement should
state how much was claimed for the debt and how much
for costs, thereby giving the defendant notice in an
early part of the proceedings what was the amount the pay-
ment of which he had to object to. If the defendant did
not appear to the action judgment was to be signed upon
the writ without the expense of a declaration, or of an in-
terlocutory judgment, or a final judgment, according to the
nature of the action. By the present state of things the
declaration gave a defendant no material information, and
its abolition in these cases would be no loss, but a great
benefit. The present Bill also did away with technical ob-
jections, which their Lordships were aware were not connected
in any way with the material points in the case. There
were numerous other objections, called special demurrers,
which consisted of objections taken at an earlier stage of
the case. There was a statute which had been passed
which required that technical objections should be stated in
the form of special demurrer, and should be kept separate from
any demurrer which applied to the real merits of the case.
By the present system special demurrers remained for many
months on the paper before they were disposed of. There
were also many steps in the proceeding which did not form
the subject of a special demurrer, and which might not be
noticed until the defendant either moved in arrest of judg-
ment or for a writ of error, and in those cases he could stop
the whole proceedings at the time when the plaintiff thought
that he should get justice done him. The present Bill
would allow no writ of error unless the objection were taken
in an early stage of the cause. It was not to be expected that
a Bill of this extent could be framed so as to be free from all
objections. The motive of its introduction was to remove
much of that odium which belonged to the present system of
the procedure at common law, and he believed it would go
far to secure that object.
Lord LYNDHURST said that no reasonable person could
object to the Bill being read a second time. The Bill was
the result of many months of labour and assiduity on the
part of those who had it in their power to make it as perfect
as possible. The objection he entertained to the measure
related to points of detail, which could be amended in Com-
mittee. There was, however, one question to which be
would wish to have a satisfactory reply. The county courts
had been established for some years. He was told that since
the jurisdiction was extended to 50/. no less than 5,000
causes of between 20/ and 50/. had been tried in five months,
being at the rate of 12,000 causes a year, and the decisions
in each case had given satisfaction. Now, he could not
understand why the simple machinery of the county courts
could not be applied to the superior courts of common
law in ordinary cases, where the superior judges could decide
them.
Lord BROUGHAM said he entirely concurred with his
Noble and Learned Friend who had just sat down, that the
proper course to take would be to give the Bill a second read-
ing, and to reserve all matter of detail for the Committee.
He agreed in the eulogium which the Noble Lord who had
just spoke had passed upon the county courts; but with re-
spect to the question of still further extending their jurisdic-
tion, that was a subject on which he was not prepared to pro-
nounce an opinion.
Lord LYNDHURST said the Noble and Learned Lord had
entirely mistaken his meaning. He had not said that he de-
sired to see the jurisdiction of the county courts extended to
large sums ; but what he said was, that he could not under-
stand why the simple machinery of the county courts could
not be applied in the superior courts to the same class of
actions.—(Hear, hear.)
Lord BROUGHAM apologised to the Noble and Learned
Lord, but he had understood him to intimate an opinion
that the jurisdiction of the county courts might advan-
tageously be extended to causes of 200/. 'and 3001. The
present was a period when extensive reforms of the law
were required by the country. He thought those reforms
might be made extensively and with advantage to the
public. He could not express his feelings on the subject
more appropriately than by reading the language of Lord
Denman, who, on being referred to for his opinion on the
law reforms now proposed, replied as follows :—" The present
crisis cannot fail to suggest considerations of the highest im-
portance. There are .the appearances of an attempt to esta-
blish order on absolute power, and to teach mankind the les-
son that the will of one may be most safely intrusted with
the interests of all. But if there be any truth in moral
reasoning, or in long experience, all know that without the
basis of law no solid fabric of order can possibly be reared or
any security given for the rights which eve* the best-minded
man and the best-designed decrees may pretend to confer. It
appears to be the peculiar vocation of England to exhibit to
the nations of the world a steady Government and peaceable,
,
because
contented, people; and that content must not be
looked for, since it cannot and ought not to exist where the
press is free and the people but moderately enlightened,
whilst a single grievance is wilfully retained after exposure."
The LORD CHANCELLOR said he was not aware of the
course of proceeding in the county courts after the declara-
tion had been filed, but he was certain that any recommenda-
tions or suggestions which might fall from the Noble and
Learned Lord (Lord Lyndhurst) would be received with re-
spect and consideration by the pu
FOREIGN REFUGEES
IN ENGLAND.
Lord STRANGFORD said that he had perused some do-
cuments which had been published, and which contained
the remonstrances of souse foreign Governments against the
manner in which certain refugees had been received in this
country. The first cf [these remonstrances was from the
Republic, and
President of the French _was dated_on the 29th
day of last October, which was shortly before the late Se-
cretary for Foreign Affairs quitted office. A long time had
elapsed since then, and he wished to ask the Noble Lord who
had succeeded Lord Palmerston whether any answer was
returned by Lord Palmerston to those remonstrances and •
; if
so, what the nature of the reply was ?
Earl GRANVILLE said, having so lately succeeded the
Noble Viscount (Palmerston) e thought h it would not be
becoming in him to go at any length
into the subject.
Whether the Noble Viscount had •
remonstrance he could not state en any answer to the
but if he had remained
in office, and had sent a reply,
he had no doubt it would
have accorded with the one which he (Earl Granville) had
given.
The Earl of ELLENBOROUG
the late Secretary forForeig II wished to know whether
n Affairs had given him any ex-
planation with respect to the conversation which he had had
of the conduct of Loui Nch conversation he had approved
Earl GRANVILLE ss
apoleon ?
aid that when Lord Palmerston
quitted office he had given him a most clear and lucid
statement with respect
but he hadcountries,
but to our relations with foreign
made no mention of his conversation with M.
Walewski.
THE CHARITABLE TRUSTS BILL AND THE PA-
TEN
sad he
Lord LYNDHURST said heMwished to call the attention
of the House to the state of the business which was now
before it. In the House of Commons there were seven or
eight important Bills, which no doubt would become law
during the present session; whilst, with the exception of the
Bill relating to the amendment of the patent law, which had
been read a second time that evening, there was not a single
Bill before the House. Some people thought that the House
of Lords was a sort of House of revision of the Bills passed
in the House of Commons, but that was quite a mistake.
He was surprised that the Charitable Trusts Bill, which
was brought forward last session, had not been re-
introduced. There was also another important Bill which
was introduced last session, viz., the Patent Law Amend-
ment Bill, which went down to the House of Com-
mons and nearly became the law of the land. It was
thought that from the nature of the Bill it was better that
it should be introduced first in the other House, but , after
some consideration that proposal was rejected. Some forty
or fifty amendments had been made in the House of Com-
mons to that Bill; one of which was to do away with the
affixing the great seal to patents, a proposition which ex-
cited the displeasure of his Noble and Learned Friend on the
Woolsack. Owing to the number of amendments to the Bill,
it had only been returned to their Lordships' House the day
before Parliament was prorogued, and consequently was lost
tor the session, there being no time to consider the amend-
ments which had been made. They had now now to go
over the details of the Bills which were lost last session
again. Such would be the case with the Charitable Trusts
Bill, and the:Bill for the amendment of the patent law.
He begged to ask, therefbre, whether his Noble and
Learned Friend on the Woolsack could not introduce the
Charitable Trusts Bill, and some Nob le Lord on the
other side of the House the Patent Law Amendment Bill,
into their Lordships' House to
!stthe Patent Law 2
prevent further loss of timei •
The LORD CHANCELLOR rd t
Amend-
ment Bill had been prepared with great ea care, and when the
under his notice he suggested the addition
Bill was brought
a court of law to
of one clause, authorising r g grant an injunc-
tion,es i ht, to restra.
when it was tlioug
be charged with infringingin the proceedings
a patent.
of parties who mightbrought into their Lordships' The Bill was
fter it went down House as early as
it could be; but, a
that, to the other House, it
entirely altered at the late period at which it
was as dit was impossible that was returne it could be reconsi-
dered last session. communications he had had weh
his colleagueson the subject he had proposed to bring into
that House all Bills which had in the previous session
passed the House of Commons but not their Lordships'
and to introduce House,
Bills as might have passed their Lordships' House but not
the other House of Parliament , under and that arrange-
ment
the Patent Bill was intended to have been brought
into their Lordships' Douse. A communication, how-
ever, had been made to the Government, which led them to
suppose that the Bill would be strenuously opposed in
the other House, unless a Committee were
pointed to inquire ss
esenerally into the subject. Some very
influential members of the House of Commons, who were
extremely competent to give their judgment upon the ques-
tion, desired to have this Committee; and no time would be
lost in forwarding the Bill. The Charitable Trusts Bill had
passed that House last session, and bad been fully discussed
both upstairs and doyen, and it was therefore deemed ex-

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