The Sun.
London, England, 1863-06-13 00:00:00

THE STATUTE LAWS.

The LORD CHANCELLOR rose to call the atten-
tion of the house to the present state of the statute law in the
courts of law and equity, and for the purpose of introduc-
ing a bill for the revision of the statute law. The noble
and learned lord said he proposed to do little if anything
more than revise the proposition of that great man, Lord
Bacon, which appeared in a production of his entitled "The
amendment of the laws of England," the wisdom and excel-
lency of which, although it had been admitted from age
to age, yet, from that singular inertia which characterized
English legislature nothing had been done. The object of
the measure would be to insure a greater certainty in legal
decisions that a case might be recorded according to the
statute rather than by precedent. The noble lord, in assert-
ing the necessity for such s measure, quoted statements
made by Lord Eldon, Lord Ellenborough, and other learned
lords, in various cases that had come before them, Until
they could say that they had but one law and one rule of
procedure, they would not be in a condition to: approach
the formation of a code. The formation of the statute law
to regular form bad been first proposed in the reign of Ed-
ward VI. Again the proposition was made in the reign of
Elizabeth. And in 1816 their lordships came to a resolu-
tion to arrange the statutes under distinct and proper heads,
but the resolution had fallen to the ground. The bill which
he held in his hand was the work of many years. It had been
prepared with :very limited means, which the Government
had thought fit to place at the disposal of the law officers of
the Crown. Two gentlemen only were allowed to assist the
law officers, and their salaries were so inadquate that they
were obliged to follow their profossion at the bar besides.
Aa to the revision of the reports, he hoped that a commis-
sion would be appointed for that important task, and that
the commissioners would compare and revise the decisions
as he had suggested. lie had confidence in inaugurating
the measure which he now brought forward. Their lord-
ships had time for the great work, and he hoped they would
not allow it to fall, as they had allowed their resolution of
of 1816 to remain as a reproach to them. His lordship con-
cluded by moving the first reading of the bill, and resumed
his seat amidst loud cries of (" Hear, hear.")
Lord BROUGHAM thought that their lordships were
deeply indebted to his noble and learned friend for the
admirable statement which he had made and the measure
he had introduced. (Hear, hear.) It had often been his
own duty to make statements complaining of the state of
the law, but never had he drawn so dark a picture of the
common and the statute law as that which his noble and
learned friend had just painted. His lordship cited several
cases in support of the views put forward by the Lord Chan-
cellor, and described the process of a bill through Parlia-
ment, to show the difficulty of passing statutes carefully
and uniformly. He should support the bill.
Lord CRANWORTH had listened with great interest to
the statement of his noble and learned friend, But as to
the measure which he proposedt and the plans which he laid
down, he (Lord Cranworth) considered that his noble and
learned friend had undertaken, with regard to the common
law, a simply impossible task, As to talking about the
difficulty of ascertaining what the law is, there was no such
difficulty whatsoever really existing. The real difficulty was
one which could never be got rid of; it was the difficulty of
making laws ante to meet cases to come thereafter. No
statute could provide for the shades of difference which
/night arise subsequently in cases which might come before
the courts of law. The most complete code of laws that
probably was ever made was the Code Napoleon, and yet
under that code they found the judges differing in opinion,
revising judgments, and reversing decisions on appeal. And
they found the French courts even sometimes divided in
opinion, half the judges taking one view of the case and the
other half the opposite one. He, however, gave his best
wishes to the effort of his noble and learned friend to revise
and improve the statute law, and he gave him his best
thanks for the trouble he had taken and the lucid statement
which he had made.

Lord KINGSDOWN thought that the difficulties of
the proposal made by his noble and learned friend would be
found t) be almost insurmountable. When difficulties arose
in the law, the Parliament could be applied to to rectify
what was wrong.
The LORD CHANCELLOR said that he had guarded
himself very carefully against the use of the word " codifi •
cation." He had distinctly said that the English law was
not, as yet, fit for codification. He did not even propose to ,
use the word " consolidation." He merely proposed by nis
bill the revision of the statute law.
The bill was then read a first time.
REDEMPTION OF RENTS (IRELAND) BILL.

This bill went through committe
DUCHY OF CORNWALL .".,;IANAGEMENT BILL.
The adjourned debate Ora the report of the amendments
to this bill was resumed. The new clauses having satisfied
the Opposition the P.menilments were agreed to, and the bill
as expended was ordered to be reported next Monday.
LONDON COAL AND WINE DUTIES CONTINU-
ANCE BILL.
_ _

This bill was read a second time, and ordered to be com-
mitted.

Their lordships adjourned at half-past 7 o'clock.

HOUSE OF COMMONS—Last Evening.

The SPEAKER took the chair at twenty minutes after
twelve.

NEW MEMBER.-KINSALE.

Sir George Coulthurst took the oaths and his seat. The
hon. member was introduced by Mr. Herbert and Mr.

Beamish,

THIRD READINGS.

The following bills were read a third time --Elginshirs
and Nairnshire Roads, Bridges, &c. ; Hadlow Railway ;
Waterford and Passage Railway and Ferry.

FISHERIES (IRELAND) BILL.
Col ITANDELEUR said he understood that the right
hon. baronet intended on the second reading to make a
statement with respect to the purpose of the bill. It would
be doubtless exceedingly satisfactory to the Irish members
if he would do so on the present occasion.
Sir R. PEEL said he was quite prepared to do so ; but
he considered that the discussion that would to-day be
entered upon would fully answer the purpose of an expla-
natory statement: (Hear, hear.)
Col. .VANDELETJR expressed his satisfaction at the
statement of the right hon. gentleman.
Sir R. PEEL moved that the house should go into
committee on this bill.
Mr. SCULLY said if they were legislating for a new
country like New Zealand they would probably not permit
viers and bag nets in the rivers, but it was impossible that
they could take away the rights of proprietors without
compensation. He did not altogether approve of the bill of
the hon. and learned member for Wexford (Mr. M'Mahon),
but at the same time he did not like to see its chief features
plagiarised by the bill of the Government. He proposed in
regard to compensation that the value of the fishing rights
of the various parties interested should be estimated and
capitalised, and paid by annuity or in some other way.
The bill did not appear to him to make proper pro-
vision for compensation. No time ought to be lost in
pig the law on a better footing. Anglers ought to
tamed about 4d. per lb. for each " individual " salmon
ththe breeding etught because they materially contributed to lessen
of the fish. (Hear, hear.)
the hon.
BRUCE said there was no doubt that the bill of
and learned
confiscation et member for Wexford was one for the
th2'n, cleat rights, confirmed and secured under
e Act of 184
was simply
I,
cominoand ttah,t the bill of the right hon. baronet
were so injuriou, harib.e He denied that the sea fisheries
in the rivers that mated the stated; it was the sweep nets
creat
g
Mr. BRUCE said any sea fir:Ltnage.
month of rivers would be interfar—ed. within miles of the
After a few words from Mr. cox and Sir R . PEEL in ex-
planation, the house went into committee,
e, and the various
amendments, occupying no less than
closely printed
pages, and chiefly of a technical nature, were proceeded
with.
The discussion occupied the remainder of the sitting.

The house resumed at six o'clock.
DISTRESS IN THE WEST OF IRELAND,
Mr. GREGORY gave notice that, in the event of the
hon. member for the Queen's County bringing forward his
motion, he would, on going into committee of supply outhe
19th, call the attention of the C onionrary to the h
the
great
distress existing in the western p of Ireland wit
view to the expediency of making grants for public works.
• THE SUEZ CANAL—FORCED LABOUR.
In reply to a question from Mr. GRIFFITH,
Viscount PALMERSTON said her Majesty's Govern-
ment had not received the statement from M. Lesseps al-
luded to by the hon. member. But with regard to the main
question, the prohibition of forced labour, the Sultan, who
had long prohibited forced labour in the other portions of his
dominions, had an equal right to do so in Egypt, which Was
part of his empire ; and no foreigner, whether engaged in
commercial speculation or an agent of a foreign Govern-
ment, was justified inobatructing the Sultan in carrying out
such a law. Of course her Majesty 'a Government would
give
the Sultan every support in carrying out that law.
TIM PROTESTANT PRISONERS IN SPAIN.
Imr.
n
reply
to Mr, WHALLEY,
ARD recounted the proceedings which took

place with reference to procuring a remission or mitiga-
tion of the sentence passed upon the Protestant prisoners,
Matamoros, Alhama, and Trigo, lately condemned in Spain
for reading the Bible. The hon. gentleman sai ttl at depu-
tations from this and other countries had gone to Madrid to
present memorials to the Queen of Spain, prhyh2g for a
commutation of the sentence passed up /tl ti e prisoners ;
and the result, he was happy to announc was that the
sentence of imprisonment had been commuted to banish-
ment fur the same period—it was generally supposed by the
deputation—as the original sentence of imprisonment, viz.,
seven years.