The Sun.
London, England, 1852-10-28 00:00:00

114-flitiU AUL

LONDON, THURSDAY, OCTOBER 28, 1852.

The Board of Admiralty is at last bestirring itself
in real earnest—thanks to the energy and intelligence
of his Grace the Duke of NoneriumusaemeD. It
was high time, indeed, that the old sluggish
system should at length be abandoned awire
as the people of England have become of the ex-
traordinary enterprise in the merino sers ice dis-
played for some time past, but more especially dur-
ing the last few months by the French Government.
Unless some resolute change for the better were at-
tempted on the part of the Admiralty, the British
navy stood a very fair chance of being ultimately out-
stripped, both in the number of the ships of war, and
in the completenesa and splendour of their equip-
ments. This was manifest enough in a thousand
particulars coming to vi from the opposite side of the
Channel—particulars of a surprising nature, because
of a wholly unprecedented description. The fleet
collected together at Toulon for the peepose of wel-
coming his Highness the Prince LOUIS NAPOLEON, to
say nothing of the magnitude and variety of the ves-
sels known to be at this moment on the stocks at
Rochefort, demonstrated the energy with which the
resources of the maritime force of the Republic wes
being developed under the inciting auspices of the
Imperial Administration. We heard, of course, in
England, as plainly as the guests at the public ban-
quet at Bordeaux, the declaration made by the ruler
of 35,000,000 of men, that the aim of bis regime was
peace—a peace conducing to the encouragement of
industry, to the fostering of manufactures, to the im-
provement of agriculture, to the extension of trade
and to the development and ste.bilitation of commerce'
Nowhere has that memorable declaration—" L'Em-
pint c'est la pais"—been welcomed with more cordial
satisfaction than amongst the people of the United
Kingdom. Yet, while exulting at the circumstance
that the times are such es to elicit that remarkable
assurance, we observed, we could not but observe,
with watchful and scrutinizing attention, the activity
with which the French Minister of Marine has been
forwarding the whole of the manifold operations of
the maritime department, under the remarkable
auspices of the Prince Louis NAPOLEON'S Goveta-
merit. England had long recognized the necessity of
preparing against the chances of war, in order the
more
effectually to secure to herself the inestimable
blessings of a continued tranquillity. The inhabitants
at least of the Three Kingdoms appreciated the jus-
tice of that rational principle—si vis pacem para bel-
bins was comprehended by the multitude if it failed
to be understood in all its significance by the leaders
of their Government. The same principle has obvi-
ously been recognized somewhat more clearly by the
Councils of the Elysee than by the Councils of St.
James's; for already we behold the astonishing
efforts which have been latterly made across the
Channel to secure a better and a grander system of
marine organization. Amongst ourselves the endea-
vours made in a similar direction have been almost
entirely restricted to talking about the calling out of
an improved Militia!
Happily, however, the Admiralty, which had so
long slumbered under the deadening influence of
family legislation and Whig mediocrity, has awak-
ened from its long torpor, under the energetic aus-
pices of his Grace the Duke of NORTHUMBERLAND,
The celebrated metaphor of CANNING is about to be
witnessed in a variety of directions, in a series of
actual illustrations—though GOD grent that the "dor-
mant thunders" may alone be rendered audible—in
celebration of the pacific achievements due to " The
Parliament of Nations and the Federation of the
World 1" It has been our gratifying duty for some
.me past to announce at frequent intervals the growth

of that system which we ourselves have, during so
many long, and anxious, and bitterly disappointed
years, raised our voice to advocate. The dream in
which we have so long indulged is now in course of
practical realization. The men-of-war of old Eng-
land are now being rapidly supplied, one after another,
with the incomparable advantages resulting ;fora the
force of screw machinery. Occasionally it has been our
grateful duty, as one of the journalists of the United
Kingdom, to announce the spread of this improve-
ment through the various ships now buildirg in our
dockyards. It is matter of profound satisfaction to
us, consequently, to comment at this moment upon a
circumstance which appears to indicate that a few
apparently timorous beginnings have at length ended
in a general adoption of screw steam machinery.
Instead of trying it in this vessel and then venturing
upon its application in that, the Board of Admiralty
seems to have ultimately recognized the advisability
of pursuing the same course in a large number
of instances simultaneously. Wherefore we now
learn, with no feeble sense of pleasure, that no less than
ten ships of war, now being built, or in active pre-
paration, are ordered to be fitted out with steam
power upon the principle of the screw propeller.
Among other magnificent vessels selected for the
reception of this kind of machinery may be
particularized the Royal Albert of 120 guns, the
Royal Frederick of 120 guns, and a vessel With a still
larger armament —an armament of 131—at first
called the Windsor Castle, but, from the circumstance
of its having been launched on the very day on which
our great captain died, now designated, by order
of her MAJESTY, in honour to his memory, the Duke
of Wellington. Each of these superb men-of-war
is to be lengthened for the purpose of being adapted
to screw propulsion. The manner in which this re-
solution has been arrived at in the instance of the
Royal Albert is significant enough as to its charac-
ter, and expressive in a remarkable manner, of the
very timid and tardy determination of the authorities
at the Admiralty. Fast of ell, it was proposed that
the Royal Albert should be fitted out merely with
auxiliary powers; and that, to this end, she should be
furn'ehed with second-hand engines, already lying in
the stores of the Government. Reflection proved,
however, plainly enough to the dullest of our admin-
istrators, that such a proceeding would he very
poor economy indeed—fitting up with old engines
merely with the intention of yielding auxiliary power
a splendid ship like the Royal Albert—a ship, at
the period referred to, actuelly no less than ICO tons
larger than any vessel ever constructed for the Royal
Na'y of England) Conscious of the folly of acting
thus in an instance of such really extraordinary im-
portance, it was ultimately determined that the Royal
Albert should be fitted up with new engines especi-
ally manufactured for the purpose, and that these
engines should be of 600-horse power. Having, how-
ever, obtained cognizance later on of the magnificent
lit erality with which the French Government is deves
loping the resources of its maritime department, the
Board of Admiralty has wisely resolved that again—
the third time being the charm—an alteratlon shell
tike place in the arrangements in regard to the Royal
Albert. Insteal of allowing herself to be surpassed
in magnitude by the Duke of Wellington or any
other vessel hitherto attempted, she is to be lengthened
by 35 feet additional—she is to be fitted with supe-
rior screw engines of 1,000-horse power—she is to
possess the enormous capacity of upwards of 4,000
tonnage—becoming in fact, again, as she was in the
first instance, the largest ship ever constructed in the
Royal Navy of England. Such are the latest proofs
of enterprize yielded by the present authorities at
the Board of Admiralty,—such is the most remark-
able (and surely a most brilliant and ample) justifica.
tion yet afforded of the hopes expressed by ourselves
on announcing the Ministerial nomination of his
Grace the Duke of NORTHUMBERLAND.

On Monday, the day on which the " Common Law
Procedure Act" came into practical operation, we
pointed out the extensive alterations effect:d by that
important statute in the "writ of summonses," the
mode of service, and the serious consequences that
must arise from neglecting to enter an apparance in
ot .2dience to the command contained in that docu-
ment—or, to use legal parlance, " according to the
exigency of the writ." It may now be interesting to
explain some of the other provisions of the new law,
more especially those relating to the principles end
practice of " pleading." And first, es we have clready
stat3d, special demurrers are totally abolished. Either
party may still object, by demurrer, to the pleading
of bis opponent, " on the ground that such pleading
does not set forth sufficient ground of action, defence,
or reply, es the case may 13." But the result will
no longer dep3nd upon the technical skill of the
pleader or counsel on either side. The party whose
case is founded on substantial justice will no longer
he defeated in consequence of some informality in no
degree affecting the merits of the case. The display
of intellectual gladiatorship, where the pi incipal may
be ruined through the negligence or inability of his
forsenic champion, cannot now take place.
On the contrary, it is emphatically declared that
" where issue is joined, or such demanded, the Court
shall proceed and give judgment, according as the
very right of the cause and matter in law shall ap-
pear unto them, without regarding any imperfection,
omission, or defect in, or lack of, form; and no judg-
ment shall be arrested, stayed, or reversed, for any
such imperfection, omission, defect in, or lack of,
form."

There can ba no quibbling on, or difficulty es to
this provision. It places the matt3r on the broadest
foundation. None but substantial errors can b 3 made
available. Were even supposing the facts averied
in the pleadings to be fully established, they would be
insufficient to sustain the case of the party, either to
entitle him to the relief cleimed, or to furnish an ade-
quate answer to the charge. This is a decided ame-
lioration, which must materially improve the admi-
nistration of justice in the superior courts of common
law—rendering the practice nearly in accordance with
that which rendered the County Courts so popular,
and generally acceptable to all who came within their
jurisdiction. It is to be regretted that the practice
was not altogether assimilated, which might have won
back to Westminster much of the business now dis-
posed of before the local tribunals. It was, however,
deemed expedient still to preserve forms, although
objections for want thereof must be considered vn-
tenable.

It follows almost as a necessary consequence, that
fictitious and needless averments are no longer re-
quired. The Act even goes further, and directs that
" they shall be omitted." There is, however, no
provi,don for the punishment of those by whom they
may be inserted. That is apparently left to the dis-
cretion of the Judges, who may, " if the pleadings be
se framed as to prejudice, embarrass, or delay the fair
trial of the actions," strike out, or remand, the same ;
and make such order with regard thereto, and also as
to the costs of the action as may be deemed expedient.
Profert and oycr is also abolished. A very need-
less expense is thus got rid of, inasmuch as whenever
it may be essential for the other party to ascertain the
exact particulars of any deed or instrument of which
profert was necessary, he may do so under the Act of
lest Session, 13 and 14 Vic., c. 99, which gave him
the power of inspection, and taking a copy of any
documents of which a Court of Equity could grant a
discovery. Such a document may, however, still be
set forth, but it will be considered as a part of the
pleadingll in which it is contained.
A
objections founded on the non-joinder or mis-
joinder of parties will henceforward be of little prac-
tical utility, for amendment may be made before or
at the trial, as in cases of variances. A husband may
also join claims in his own right, with those
founded on an injury done to his wife,
in which she is necessarily joined as a co-plaintiff.
And different causes of action arising between the
same parties, and in the same rights, may be joined,
except in cases of ejectment or replevin. But sepa-
rate trials may be ordered, and separate records made
up, whenever a single trial might be considered im-
proper. Questions of fact or of law may also be
raised, after writ issued, by consent of the parties,
and on the order of a Judge, and without pleading ;
and agreements entered into, as to the payment of
money and costs, according
to
the judgment
special case. But generally the o osts
shall onthe
fo
ow
the event, unless otherwise agreed.
In the subsequent pleadings, the rule to plead and
the demand of plea is no longer necessary. Eight
it is sufficient to
days are given for each stage; and

give notice thereof on the pl-2rding Li
Money may bi paid into Court %14hout by sfwaial
order ; and " double koatt, r " rleaded by leave of a
Judo at any stage of the proceedings; 30ME, indec],
rry be joined without permission. ; but if so joined
wi.hout I,7air.), except in the cases specified, judgment
may forthwith be signed by the opposita party. Issue
in law and fact may also be taken ; or, in other words,
a party may both pliad and demur, by the like
leave of a Judge, and affidai:t cs t) Hs belief in
the truth of the frets Hied on, and the validity of the
objections raised by the demurrer will, however, be
required in such cases before the prmission be
granted.

Forms of the several pleadings are given in the
schedules annexed to the Act, which are of the
simplest character, intended merely as guides to the
przctitioner ; for it is expressly provided, thlt "it
shall not be erroneous or irregular to depart from the
letter of such forms so long as the substance is ex-
pressed without prolixity." Tie signature of Counsel
to all pleadings is dispensed with, and " iJles to com-
pute" abolished. The Junior Bar will thus be de-
prived of two socrces of income, which, to those who
had an extensive connexion among the other branch
of the profession, often produced considerable sums
in the course of the year. It must, however, L 3 ad-
mitted, that these formalities were altogether v' less.
No objection can, therefore, be rt'sed to their aboli-
tion, as the interes►s of the Bel. should not, under
any circumstances, be suffered to clash with thoze of
the community. _ _

In place of the rule to compute, it is provided .1.-3 t
judgment, by default for liquidated dames, ; is to be
fool, or an inquiry of damagc3, wherever it is sub-
stantially a matter of calculation, may be made
before a Master vahout a ju-y ; nor is there to la
any Zistincr.on es to whether such stn be recovered
by way of debt or dlmagds.

From what we have above stated, the extensive na-
ture of the alterations effected by the new law, so fr'
as pleading is concerned, may easily be conceivci.
They are all cilculatcd to promote substant!al jt-stice,
and a decision in etch case on tse merits only. The
science of sp. ci9! pleading, once so essential to every
advocate, can scarcely be made available in civil cases.
Counsel cvnot hope to get rid of cues on paltry
quibble 3. More enlarged views must be taken; and
if the Act I f&rly crrried out in the spirit in wb;eh

it is conceived, the instances in which 'right can pre-
vail over right will become ter() indeed. Fr-ther
changes will, however, necessarily follow the great
expriment now attempted, until the admiuistration
and practice of the law be rendered PS peircot as any
merely human irstii.ution Cra be. For that purpose,
legal reformers should redouble their exertions,
and Lot be cortented situ the good they have
already accomplished, great as it unquestionably iq.

COURT CIRCULAR.

WINDSOR, OCT. 27.

The follow;ng hal the honour of dining with Her
Majesty yest?rday:—Her Roye' Highness the Duchess
of Ken', their Serene Highnesses the Prue and Princess
of Hoher!ohe-Lsngenterg, their Serene Hignesses the
Rilnnas Adelaide end Prince Hermann of Huheclohe,
LAy Caroline Berringt)”, the Duke of Terceira, the
Count Las 2r diO, the Ea-. 4 of M9lmesbrry, end Colonel
the Hon. Charles Grey.
His Roycl Highness Pl,nce Albert, a2compatied by
Pince Herma7ll of Hohenlohe, the Dolte of Terceira,
and the Earl of Mallieshury, went out shooting this
meaning, att,nded by Colonel the nor. Charles Grey
End Lieu`.-Co'. F. E . Seymorr.
The Duke of Terceira and Count Lavra:no lei the
Ca itle to. day for L )ndori

Tne Mats of Blendf3rd had rn inteniew with Mr.
Se sretlly Vv Opole yesterday,, at the Home office.
Mr.. MacGregor, M P. (Giaigow), he 1 an inter view
with the Cher:l;7oor of the Exchequer yesterday, at his
official residence in Downing-st!eet.
Rear-Admiral Sir GE.Jrge h Westphal had an
inFsr-
view with s'"! John Pektngton yestlrday,at the Colonial-
office.