The Sun.
London, England, 1852-11-22 00:00:00

distinctions now in use. The fitting remedy was
urgently demanded by Legal Reformers in this
country. But, unfortunately, those dealing with
the subject were afraid to advance sufficiently far
in the right direction, and forms of action which
are to be abolished in Ireland will still remain as
traps for the unwary in this country.
The next reform is the total abolition of special
pleading. It is not merely special demurrers
that are to be done away with. The ground of
action on the one side, and of defence on the
other, should be simply but intelligibly stated—
" in the language of the people, who ought to un-
derstand the language of their law." The great
end of all special pleading was but to eliminate
an issue, and that would be attained by the pro-
vision that an abstract of the issue to be tried
should be delivered to the Court. This abstract
should be prepared by the plaintiff; but if not
approved of by the defendant, should be settled
by a Judge of the Court in which the suit was
depending.
The third stage in advance is the diminution
in the number of pleadings. In place of the
writ, which tells nothing, declaration, plea, re-
joinder, surrejoinder, rebutter, and surrebutter,
there will be simply a combination of the plaint
and summons, so that the writ shall not merely
require the party to appear on a certain day, but
shall 'state concisely the course of action, while
the appearance shall set forth the nature
of the defence. All would then be ready
for the hearing, . and justice will be ad-
ministered without the vexatious delays, and
expensive, although useless, stages that have
hitherto been tolerated, and brought so much dis-
credit on our tribunals.

Then comes the most important change of all
—neither party will, henceforward, be allowed to
place utterly false or contradictory statements on
the files of the Court—the demand and the de-
fence must both be verified by the affidavits of
the parties. This will prevent the iniquitous de-
mands too frequently put forward, and the unjust
plans put forward, merely for the sake of delay or
procrastination. At present, as truly remarked
by the Hon. and Learned Gentleman, " there is no
check or limit to false pleading." The most con-
tradictory allegations aro put forward without
shame or remorse. He shows in the ordinary '
pleas to an action on bond no less than four dis-
tinct falsehoods—viz., that the bond was not
given that it was paid at the day that
it was paid after the day,—and that the

performance of the conditions was released
by the plaintiff. None of those positive
allegations having any existence save in the
imagination of the pleader, or rather in the pre-
cedents before him which he directs his clerk to
copy. The amusing Yankee case of the kettle
scarcely went farther than this. There a party,
who had borrowed a kettle, and returned it con-
siderably damaged, was sued for the injury. He
pleaded in accordance with the rules ; first, that
he had never had the kettle in his possession ;
secondly, that it was damaged when he borrowed
it ; thirdly, that it was sound and whole when
he returned it. Two of these statements must i
necessarily have been untrue ; but they were
perfectly legitimate, and we could refer to many
similar instances. Mr. WHITESIDE justly ob-
jects to this improper and demoralising prac-
tice, and requires that the pleadings should be
tested by the oaths of the parties. No difference
of opinion can exist as to the propriety and expe-
diency of this course. We have frequently in-
sisted upon its necessity, which, after all, is but
a return to the ancient and salutary principle.
Next comes the abolition of personal service of
the process. The great point to be ascertained is,
that the writ of summons had come to the know-
ledge of the defendant. A man staying out of
the way to evade the just demands of his credi-
tors, is entitled to but little consideration. In
County Court proceedings, and also in Equity,
service upon a member of the family is sufficient;
and under the new Alit in this country it would be
soL after a certain number of calls and the order
of a Judge. As this latter would be almost a
matter of course, why should there be any neces-
sity for the delay and expense occasioned by such
an application ?

Then come the rules for enabling one Court to
do complete justice between the parties, without
bandying them froth Queen's Bench to Chancery,
or from Chancery to Common Pleas. In fact, all
but the fusion of the Jurisdictions, so loudly
demanded. For this purpose, Closes in action
are to be made assignable; Courts of Common
Law are to be enabled to give relief in cases of
lost bills, bonds, or other instruments, and also
to receive and give validity to equitable defences,
and to grant injunctions against inequitable ones.
Thus, it will be a good defence in an action of
ejectrdent, that a party had a contract, although
not clothed with a legal title. The setting up of
"temporary bars " will not be sanctioned, nor will
injunctions be maintained granted on the allega-
tion of an outstanding legal estate. Nothing, in
fact, which Equity can do, will be beyond the
powers of the Superior Courts of Common Law; and
the maintenance of different tribunals will be a totally
unnecessary expense, and the great object will
eventually be achieved,—a complete amalgama-
tion of the different Courts. In the name of the
people, we thank Mr. WHITESIDE for this admir-
able measure ; but we earnestly hope that its
operation may be extended to England also. It
will, we venture to assert, do more to render the
administration of justice pure and above reproach,
and to remove the well-founded complaints of the
people, than any proposition ever yet brought
forward. If Ministers should deal as boldly and
comprehensively with other necessary reforms as
in those relating to the law, we shall have no
cause to regret the removal from office of " The
Family Party."
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family of daughters.
GRAND DIPLOMATIC BANQUET.—Lord Malmesbury,
Secretary of State for Foreign Affairs, gave a grand din-
ner on Saturday evening, at the Foreign-office, Downing-
street, to the distinguished officers sent by the respective
Governments of Spain, Portugal, Russia, Prussia, the
Netherlands, Hanover, and Brunswick, to represent them
at the funeral of the Duke of Wellington. Spain was
represented by the Duke d'Osuna, Portugal by the Duke
de Terceira, Russia by Prince Gortchakoff, Prussia by
Count Nostitz, the Netherlands by Baron d'Omphal,
Hanover by Sir Hugh Balked, Brunswick by General
Ehriscl len. The Earl of Derby as Prime Minister of
Great Britain, and Lord Hardinge, as Commander-in-
Chief of her Majesty's forces, were present to meet the
illustrious guests. M. Isturitz, Minister of Spain ; Count
de Lavradio' Minister of Portugal ; Baron de Brunnow,
Minister of Russia ; Chevalier Bunsen, Minister of
Prussia - Baron Bentinck, Minister of the Netherlands
Count Kielmansegge,. Minister of Hanover ; and the fol-
lowing officers, accompanying the principal military re-
presentatives f their respective Governments, were also
present at the banquet, namely, Colonel de Toms, Co-
lonel de Calvet y Lara, Count de Villa Real, Don Ma-
nuel de Souza Continho, Count Benkendorff, Colonel
Tchernitazy, General de Scharenhost, General de Mas-
sow, Captain Tindal, Captain Gevers, Colonel Poten,
Colonel Mavenholtz, and Colonel Bause. Colonel Corn.
wall and Ca ptain Stopford Clavemont, speciallyappointed
to attend tfie foreign military officers during their stay
in England, were also present, together with Lord Stan.
ley, M.P., a ,nd Mr. Addington, the Under-Secretaries of
State for For •eign Affairs. The above distinguished mi.
litary officers have been invited by Lord Hardinge, Com-
mander-in-Chf of of the British Forces, to a grand dinner
on Tuesday next.
GENERAL PARADE OF THE WHOLE ARMY.—A sight
unprecedented, and we may almost safely say, will never
be seen again, was presented on Wednesday last, the
I.7th, in the inspection of parties from every regiment in
th service by General Lord Hardinge, Commander-in-
Ch ief, his Royal Highness the Duke of Cambridge, Lord
Goi igh, and a brilliant staff, accompanied by many
forekr officers of distinction, at Chelsea Hospital. At
8 o'clock the General Commanding-in-Chief commenced
his inspection of the 99th, and went regularly down the
open column left in front. It would be invidious per-
chance to mention individual regiments ; still we cannot
resist alluding to those which came under the special
notice of the officers inspecting—namely, the Guards
and Highland Regiments in the Infantry • the 17th
Lancers and 15th Hussars in the Light Cavalry, and the
Carbineers ; the 3d and the King's Dragoon Guards in
' the heavy Cavalry.
FRIGHTFUL DEATH BY FIRE.--On Saturday morning
' an accident, unfortunately attended with fatal conse-
quences, occurred to a child, named Jane Greggs, aged
eight years, whose friends reside at 18, Orchard-row,
Church-road, Stepney. The deceased was left in charge
of other children, and during the absence of the mother
she got upon a chair to reach something from the mantel-
shelf, when her dress ignited.