The Sun.
London, England, 1852-08-04 00:00:00

WEDNESDAY

SOCIETY FOR PROMOTING THE
AMENDMENT OF THE LAW.

INTII ANNUAL ltEl'Oß' OF THE COUNCIL.
lhe chier subjecta: that have occupiril the attention
of the society during the pact year have
been the re-
c ,urts of-law and t quity in this emirate) ; the reconetruc-
trenster of land; the
tion of the Masters' oth„, involving 'its gradual aboli-
meval of the distinction between the procedure of the
tiont the ei,franehisement. of cOrybolds; the bleep'? tinc,.ay.:
lion ot the
the at tor nue and the client; and, the establishment r: a
law school, with a PrUVISiOU for an eff,ctive examination:
. .
.
before granting a law degree on admissien to the. ar
gutty—our.
On the first subject—!he fusion of law:and e
i special conereLte(e on law and equity procedure baverpurrea7
served a third report, not only ree"mendingst
measures for the immediate adoption of the Legislature,.
h this
but giving the outlines of a code by means of wine
relations between th; f ,
great, chauge might be effected.
The subsequent appearance of ' the first report of the
of the
Chancery Cemmissioners and the 'introduction
Bills tounded upon it, have afforded us the gratificationc..r
Of seeing not only the views, but in some csEes thev y
words ot our reports and resolutions, proposed for the
sanction of Parliament under the highest auspices.
We therefore trust that in procedure at least,
esui ..
y '
eventually we' hope in all ether respects, law and eq.
will soon be wholly united.
second
Oa this sulject we refer with pleasure to the
.vieite
which our society received last
autumn . from its
distinguished member, Mr. David 'Dudley Field,
has°f
New York, and to the additional evidence which
supplied (and which has since been increased by a co
municatioo from the Sate of Missouri) of the satistns
sc-
toty worsting of the c !
ons eined courts of law,and equity
in America. Your council have .no. wish to hasten
prematurely a change so extensive and important as
this. They have only to express their conviction that
it is as practicable and advisable in this country as it
has been proved by experience to be practicable and ad-
visable in the United States of America. They wil-
lingly-accept as an instalment of justice the following
opinion of the Chancery Commissioners in their first
report, siened as it is by three equity judges, one
common law
judge, and several eminent counsel, and
statesmen not of the legal profeesion :
n we have arrived at the conclusion that, without
abolishing the distinction between law and equity, or
blending the ceurts into one court of universal turtsdic-
lion, a practical and eff, ctual remedy for many of the
evils in question may be found in
such a transfer or
bleeding of jurisdiction, coupled with such other practi-
cal amendments, as will render each court competent to
administer justice in the eases which fall under
its eogniz ince.
" ceurts Weof e thiek that -he `jurisdiction now exercised by
and that the quil may. be conferred upon courts of law,
jurisdiction now exercised by courts of law
may be conf rred upon courts of ,gaily, to such an ex-
°tent as to reeder both courts competent to admini.tsr
entire justice without perties in 'the one court being
obliged to resort to the aid of the other."
These are valuable admisions, and are surely suf-
ficient jusification to this society for introducing the
great creeetiou of a fusion of law and equity in this
country to the notice of the Legislature and the public.
A B II mat been since brought in to effect the altera-
tions proposed by the Commissioners, and beth in its
provi,ions and in the debates respecting them in Par'
liamsnt the principle of a fusion of jurisdictions had re-
ceived great support. It was indeed, generally admitted
that its accomplishment in effect, it not in name, is
not far distant. By this measure also several improve-
ments suggested and recemmeeded by this society as to
the printing of legal proceedings, and the introducion
of vied voce evidence into courts of equity, will be-
come lew.
With respect also to the office of Master in Chancery,
we have to congratulate the society on the introduction
by the Lord Chancellor of a Bill cOntaining pro-
visions almost identical with those which our equity
committee have recommended, and in execuion
of the plan reported by the - 'Chancery Com-
missioners, and fully adopted by the late Govern-
ment, which issued the commission. This measure
will prevent the delay now arising from proceedings
commented befere a Judge being 'referred either-in
whole or in part to the Master. On the 12th day of
January last a resolution was carried at a meeting of
this society recommending this change, and the gradual
abolition of the office of 'Master in Chancery, and we can
only express
•a hope that its doom is sealed, and that a
procedure so mischievous both in theory and practice is
practically swept away. Although a specific resolution
for the abolition of the Masters' office was only come to
by the society on the 12tVorJanuary, -yet the proposi-
tion for the abolition of the Masters' office,- and the conis
pletion of the whole business in a suit by the Judge,
has been for many years before the society, where it
was gradually advanced in favour, and has at length
proved triumphant. It is right also to say that it was
much considered and much evidence adduced upon.it in
a Committee, ofebe House of Lords, which sat last sum-
mer, and reported the opinions as well as the other'evi-
&rice of witnesses in its favour.
A Bill for the improvement of the procedure of the
common law courts has alto passed through most of its
stages., 'lt rests on the authority of the Common Law
i;ommissioners, and has received high professional sanc-
tion. This 13101 doubtless contains many important end
useful provisions, but your council are desirous of stet-
beg their opinion that the remedies proposed leave many
of the evils in the procedUre of the superior courts of
common law still existing, and that until these are re-
medied the county courts will be preferred by the suitor,
who will demand, and with justice, the extension of their
jurisdiction. Considering the lung period allowed for the,
preparation of this Bill,• The high authorities under whose
sanction it was introduced, sad the many revisions it has
undergone, it was not unreasonable to expect something
complete in conception and careful in execution. beue_.
partial improvements have been made, but. tte leading
principle—the abolition of forms of actiou--hasbeenaa-
,
critic. d, The Bill arse be allowed to be a slight improve-
ment, hu not a permanent settlement of
common lawed in
procedure. There is, moreover, a very serious
the execution, which will be the certain cause of endless a few
oisipu,es and enormous expense. In order to save.
mr-
wei ks' labour to the draughtsman it is left quite uu
pro.
tide which of the innumerable statutes aPPl)sleg to p
ceders are repealed, and
which are still in _Otte., Thell
old rules of court are also left in the same position. In'
'
order to underetand' the . new system the practineon,
mu-t master the old, and then, after careful n0mP"..1_..,.
qunlify the enactment by introducing into its cony
von all those principles which it does nut abrogatecer-
necessary implication. The amount of expenses
n
tainty, and vexation thus introduced is incalculable. The
der-
present system, faulty as it is, is at any rate well uoonoi,.
stood. It is distressing 0 contemplate how Wen money
must be spent, in cle Bring up
.mere mere points,of fortn,a_...i4y,
the new one Can be placed in an equally satitit. c""
or-
position.- These considerations become yet more iinospie.
tent. when it is remembered that this new code tended to enter into competition with the. county courts,
in an,
in which the litigant-ianot. milled upon to expell
o
farthing for any purpose except the very merits of the
suit. •

Our fears may be unfounded, but . there) is some
ground to apprehend that the new element of exp
nse.
and uncertainty thus introduced without any correspond
ing amelioration, together with the references wbich
may be made to the court,
three and forty in a single sui. will finally decide inl
favour of the county courts the question
and local judicature.
The present state of The ecclesiastical Worts loudly
your
council for large alteration
an.A
amendment,
end
council have made a reference on this 'subject to a com-
mittee. aineunting to ai many es

hoafv
tie
Bvrtiltintehs
the .-6u Your
introductioneoune I.i.
this session for
with much
ee,poisory
entrenchisecnent of copyholds ; to the lord
as to the • tenant • power to' efelvingda:ach enirattobisc-
inent. This 11:14 steer paS in; inaLl
h. ihe.1101.18,1 of
throug
Commons without Oppositi ' r d 'to -a 'Select
Committee. of the "Jolts °n'V."
ret6r
e .
aq C.ll'o.
fully considered, and aof Lords, by whom it w. ,
your - ite great banes
cimouncil antic p
fits from the adoption of a as :Which' there is
No general a concurrenceof measure - t which is I 021.
°Pinion and 'w •
culated to remove agreat 'cultivation of
the land
n borate
and. to the erection of buildings. Ansel f
report on this subject was lately pre,ented by. one °-
your committees, which
discussion. ' ' ' 9._......... gave rise to inuc
It was received by the society, and elicited
E.! resolution affirming the advantage of a compulsory en-
has
franchisement of copyholds. Here.alio this scoietY
Legislature, to
discuss
to act as a pioneer to the
with a view to
isouss the legal difficulties of the subject
the Legislature
ascertain the true principle' on which
mayw properly and safely proceed; and again the efforts
t the
_.society have been succestfah
With the subject of copyholds is convected that of
the transfer of land, th
dents
frequently e copyhol
imposing, as is well known, a heavy tax
on such transfer. On this' subject, so important to all
itst bearings, one of your comaiiitee—the committe- on
e law of property—has submitted to the society
paper in which a former . recommendation of the same
committee for assimilating the transfer of land to that
of stock has been again brought before • the society. If
this can be effected, it • difficult to say' who would be
most benefited, th isof land by the increase of the
e owners ,
al posse slab
tat"
• of their property, or the peopy the
avvtro7:g motive
which,
the
prospect of pg land
would stfird for I. ..treaer frugaloY• -
Your council eonsiler
.that the plan proposed in the'
Paper just mentioned is not only deserving,of the utmost
:;hei,6ltisfaction
attenion, but, as coming
from au eminent.and expo-
rienced solicitor,' affords great hope that this difficult
be solved, and may
and most iniportantqwetion mei be
conducted to a'pritetioal and scisractory result.
Little real progress has Yet een made towards th
establishment of a good jaw sc b
hool, with effictive e e
zt.
reinsiions; the late recommendations of the inns of court I
Your council cannot but consider as insufficient; but we
trust that both the pi., tession,, and the public at large
are h'o'ming more and more alive to. the necessity for
such a provision and that
the heads of the inns of court
,
Sre becoming more aware of, the serious responsibility
which rests upon them in this respect. We are glad io
find the subject of legal education mentioned in .he re-
-lert of tha Commiisioners appOlDted to inquire into the
,:it
ate of the revenues of the .
University of Oxfo d
t , and
nits g 0 inion of this •
de ratified at seeing the P . Society ad_
oed iu support of a proposal by the 0 ; :
-omtnissioners to
i,PPIY a portion of the foods of the university to impiart-
;.'g 4 !zoowledge of the laws of the country, we.ho e
University
the same recommendation in the report o P
of. Caoshrid-e and that in the coursell th°
g. t of
few :years there will be at each of these Beata of 1 •
a" efficient earning
law school.
Still
,01 1 more do your council hope and believe that from i
and Pf.sent lama of court- w,ll at length arise a complete
. satisfactory law university, endowed.ivith-ttle.i
originai,y
ii vested In'those societies- for legul education,
of which cannot-be- bet ter devotUd'then.to thepurpira '
teaching the law. Nor can your Couneli-eirterfiti---:
doubt.l,,. that if the benches. do not so apply these fuend:
their groper opplicstion will be enforced by the L • "'
eg%la.