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

trmina

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 NORTHUMBERLAND. It
was high time, indeed, that the old sluggish
system should at length be abandoned aware
as the people of England have become of the ex-
traordinary enterprize in the merino service 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 wee, and
in the completeness and splendour of their equip-
ments. This was manifest enough in a thousand
particulars coming to us from the opposite side of the
Channel—particulars of a surprising nature, because
of a wholly unprecedented description. The fleet
collected together at Toulon fur the purpose 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
Rockefort, demonstrated the energy with which the
resources of the maritime force of the Republic was
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 atabilitation of commerce'
Nowhere has that memorable declaration—" L'Em-
pire
c'est la pail'—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 as 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 Maxine has been
forwarding the whole of the manifold operations of
the maritime department, under the remarkable
"Vie" of the Prince Louis NAPOLEON'S Govern-
ment. 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 pars bet-
tuna was comprehended by the multitude if it failed
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 Elysie 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
f
entirely restricted to talking about the calling out
an improved Militia!
Happily, however, the Admiralty, which had Bo
long slumbered under the deadening influence of
family legislation and Whig mediocrity, has awak-
ened from its long torpor, tender 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 grant 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 !" It has been our gratifying duty for some
Arne past to announce at frequent intervals the growth j

of that system which we ourselves have, during so
many long, and anxious, and bitterly disappointed
years, raised our voice to advocate. The cream 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 from the
force of screw machinery. Occasionally it has been onr
grateful duty, as one of the journalists of the United
Kingdom, to announce the spread of this improve-
ment through the various ships now building 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. First of all, it was proposed that
the Royal Albert should be fitted out merely with
auxiliary powers; and that, to this end, she should be
furnished 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 be 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, actually no less than 700 tons
larger than any vessel ever constructed for the Royal
Navy 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
literality with which the French Government is deve-
loping the resources of its maritime department, the
Board of Admiralty has wisely resolved that again—
the third time being the charm—an alteration shall
take place in the arrangements in regard to the Royal
Albert. Instead 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-
ticin 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 effectsd 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 appearance in
obedience 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 and
practice of "pleading." And first, as we have already
stated, special demurrers are totally abolished. Either
party may still object, by demurrer, to the pleading
of his opponent, "on the ground that such pleading
does not set forth sufficient ground of action, defence,
or reply, as the case may be." Bat the result will
no longer depend upon the technical skill of the
plea3er or counsel on either side. The party whose
case is founded on substantial justice will no longer
be defeated in consequence of some informality in no
degree affecting the merits of the case. The display
of intellectual gladiatorship, where the principal 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 he no quibbling on, or difficulty as to
this provision. It places the matt?r on the broadest
foundation. None but substantial errors cf.'n b? made
available. 'Were even supposing the facts ave.red
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 cle;med, 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 aceordance 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 un-
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
provision for the puni:,bment 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
so 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, end clso as
to the costs of the action as may be deemed expedient.
Profert and oyer 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
last 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
pleading in which it is contained.
All 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 te 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 on the
special case. But generally the costs shall follow
the event, unless otherwise agreed.
In the subsequent pleadings, the rule to plead and
the demand of plea is no longer necessary. Eight
days are given for each stage; and it is sufficient to

give notice thereof on the pleading £3 ceprTat2ly.
Money may be paid into Court without :any special
order; and " double matter " pleaded by leave of a
Judge at any stage of the proceedings; same, indeed,
may be joined wii:hout permission; but if so joined
without leave, except in the cases specified, judgment
may forthwith be signed by the opposite r-ty. Issue
in law and fact may also be taken ; or, in other words,
a party may both plead and demur, by the like
leave of a Judge, and saliva as t 3 his belief in
the truth of the facts relied on, end the validity of the
objections raised by the demurrer w;11, however, be
required in such cases before the permission 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
practitioner; for it is expressly provided, that "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." The signature of Counsel
to all pleadings is dispensed with, and "'ales to com-
pute" abolished. The Junior Bar will thus be de-
prived of two sources 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, be ad-
mitted, that these formalities were altogether useless.
No objection can, therefore, be raised to their aboli-
tion, as the interests of the Bar should not, under
any circumstances, be suffered to clash with those of
the community.
In place of the rule to compute, it is provided that
judgment by default for liquidated damages is to be
final, or an inquiry of damages, wherever it is sub-
stantially a matter of calculation, may be made
before a Master v.ithout a jury ; nor is there to be
any distinction as to whether such sum be recovered
by way of debt or damages.

From what we have above stated, the extensive na-
ture of the alterations effected by the new law, so far
as pleading is concerned, may easily be conceived.
They are all calculated to promote substantial justice,
and a decision in each case on the merits only. The
science of special pleading, once so essential to every
advocate, can scarcely be made available in civil cases.
Counsel cainot hope to get rid of cases on pastry
quibbles. More enlarged views must be taken; and
if the Act 1 fairly carried out in the spirit in which
it is conceived, the instances in which might can pre-
vail over right will become rare indeed. Farther
changes will, however, necessarily follow the great
experiment now attempted, until the administration
and practice of the law be rendered as perfect as any
merely human institution can be. For that purpose,
legal reformers should redouble their exertions,
and not be contented with the good they have
already accomplished, great as it unquestionably is.

COURT CIRCULAR.

WINDSOR, OCT. 27.

The following had the honour of diving with Her
Majesty yesterday :—Her Royal Highness the Duchess
of Kent, their Serene Highnesses the Prix() and Princess
of Hohenlohe-Langenberg, their Serene Hignesses the
Princess Adelaide and Prince Hermann of Hohenlohe,
Lady Caroline Barrington, the Duke of Terceira, the
Count Larradio, the Earl of Malmesbn7, and Colonel
the Hon. Charles Grey.
His Royal Highness Prince Albert, accompanied by
Prince Hermann of Hohenlohe, the Duke of Terceira,
and the Earl of Malmesbury, went out shooting this
morning, att3nded by Colonel the Hon. Charles Grey
and Lieut.-Col. F. H. Seymour.
The Duke of Terceira and Count Lavradio left the
Castle to-day for Landon.

The Marquis of Blandford had en interview with Mr.
Secretary Walpole yesterday, at the Home office.
Mr. MacGregor, M P. (Glasgow), had en interview
with the Chencellor of the Exchequer yesterday, at his
official residence in Downing-street.

Rear-Adm*ral Sir George A. Westphal had en int3r-
view with Sir John Pakington yesterday, at the Colonial-
office.