The Sun.
London, England, 1863-12-03 00:00:00

Lord Chief Justice, and said that the jury thought £1,500 a
reasonable sum, and his lordship took this as the verdict and
and left the Court ; but he had hardly done so when another
juryman started up and said that the rest of the jury had
never agreed to this, but that, on the contrary, he and at
least five others thought the verdict should be for £2,000.
Sergeant Shee instantly sent a messenger for his lordship,
who returned into court, and, after some explanation and
discussion, said that as six of the jury stated that they had
not agreed to the verdict, it could not be accepted ; and the
jury accordingly consulted again for a few minutes, and then
returned, through their foreman, a verdict for the plaintiff,
damages £2,000.
Mr. Sergeant Shee and Sir George Hnnyman appeared
for the plaintiff; Mr. Lush, Q.C., and Mr. Ashbury for the
defendants.

SPIRIT OF THE PUBLIC JOURNALS.

TIMES.--The resolution which was carried yester-
day by a large majority at a crowded meeting of the
Bar embodies a statement which hiss long been recog-
nised as a truism by the profession and the public.
To say of a system which leaves one branch of our
law to be shaped by irresponsible reporters, and
provides no authentic register of decisions affecting
the rights of every British subject, that it "requires
amendment" is to affirm what is self-evident.
Many may think that too much weight is attached
to precedents, and that it would be far better if our
tribunals were no longer absolutely bound by them.
There are but few principles of the Common Law
that have not found their way into statutes, and if
an authoritative digest of these were compiled,
modern Judges might still be guided, without being
fettered, by the opinions of their predecessors. This,
however, is not the present question. The question
is whether, assuming that the series of cases mis-
called "unwritten law" is to remain uncodified and
undigested, some adequate security should not to be
taken for their being reported properly. Hitherto no
such security has been found, or even sought in
earnest, since the Year-books were discontinued in
the reign of Henry VIII. A partial and futile effort
of Lord Bacon to procure an official record of case-
law, and constant expressions of vain regret from
our great lawyers, beginning with Coke, are the
only traces of a disposition to confer this great boon
on the nation. We are told that ignorance of the law
is no excuse for any Englishman, and yet it is a
fact, not only that we may be crushed with obscure
precedents gleaned up and down many hundred
volumes, but that the most recent have to be verified
by a comparison of several different versions. For a
proof of the inconvenience and injury to the inte-
rests of justice that may arise from discrepancies in
reporting, we need not go further back than the case
of the "Alexandra," although it was the published
notes of the shorthand writer that were there
impugned. The disputes that may occur now and
then on the motion for a new trial, for want of cer
tainty as to the language employed by the Judge,
are, however, trifling compared with the permanent
evil of having no reports of conclusive authority.
It is somewhat hard that the mischief of an evil
precedent, once established, can be annulled by the
esegislature alone, but it is monstrous that so fatal
a power should belong to a precedent which may
have been incorrectly reported after all. This is
the main abuse with which Mr. Daniel calls upon
the legal profession to deal. He traces the history,
of judge-made law from the earliest times, show-
ing how the Year-books were succeeded by a period
of "loose" repotting, loose reporting by a close
licensing system, the licensing system by a privi-
feged monopoly, and monopoly by open competition
between " regular" Reporters, legal serials, and
newspapers. The only value of this historical
ekstch is to show that we have tried every way,
except the best one, and have failed to obtain what
we have a right to insist upon. At this moment
we have six sets of reports competing with each
other, none of which can be quoted as a final stan-
dard of reference, and all of which can be quoted as
evidence on the point decided. Mr. Denman argues
that this multiplicity of reports is the best gua-
rantee for accuracy, and the best corrective for the
tendency of judges to qualify what they have them-
selves laid down. But surely these two objects
would be more directly attained if one transcript
of the judgment were deliberately made by re-
sponsible persons from their own notes, checked as
they would still be by the trustworthy, though un-
authorised, testimony of private reporters. Mem-
bers of the bar and the public generally would then
know where to find the doctrines upon which the
fate of future lawsuits may depend. As it is, the
omission of a material element in the case, or the
confusion of an obiter dictum with the ratio deci
dendi, may entirely vitiate the value of a precedent
as preserved in a particular report, which may
have been prepared in the utmost haste for a weekly
or monthly periodical. The only remedy for this is
the collation of it with other reports of the same
fugitive kind, and with those which come out—
sometimes years afterwards—with a certain cordial
prestige and under the names of their authors,
thouga not always with any paramount claim to
respect. Granting that the exact significance of the'
decision can be elicited in this way, the process is
enormously dilatory and expensive. It is dilatory,
because the reporters, out of a natural anxiety to
omit nothing which others insert, crowd their pages
with cases which prove nothing, and details which
do not elucidate the cases. It is expensive, because it
involves taking in or getting access to six publications
instead of one, the price of this last being enhanced
by the very diminution of its circulation owing to
the opposition of its rivals. When we add that even
the reports which are called " regular " are
under no uniform system of management, are com-
piled on different principles, are issued at uncertain
intervals, and possess no. udicial sanction, although
they are often corrected by the Judges, we have said
enough to recommend Mr. Daniel's resolution to the
common sense of our readers. The next question,
and indeed the only one that admits of serious con-
troversy, is, what is to be done ? We might evade
this, as the meeting evaded it, by throwing it upon
the committee of eminent lawyers just appointed.
Perhaps, however, the problem is one which would
appear more formidable to a professional than to an
ordinary mind, In the first place, there is really
no reason why the appointment of an official, or,
as we should prefer to call him, a responsible,
reporter for each Court should exclude the class
whose interests are supposed to be adverse to
change. It would be the duty of this gentle-
man, out of whatever fund he might be paid,
to select and reduce to a succinct form those cases,
and those only, which involve important matters of
law. This would take some little time ; and mean-
while the curiosity of the public and the profession
would create a demand for ampler and fresher ac-
counts of legal proceedings. In the great majority
of the cases contemplated written judgments are
even now pronounced, and the responsible reporter
would have nothing to do but to embody them, as
is now done. The chief difference would be that he
would be bound to produce the results of his labours
with much greater despatch than at present, and
that the judges would revise their own words
while they were still fresh in their memories. No
doubt it would be an essential feature of this system
that no other report could be cited as conclusive ;
but the Bench might still be enlightened by cases
borrowed from non-official sources, as they now
are by the extempore illustrations which counsel
frequently offer from their own experience. Some-
thing like this practice has been adopted in Parlia-
ment, and there are no apparent objections to its
application in Courts of Law. It would not in-
volve of necessity the principle that the Judge
should be virtually his own Reporter where the
judgment is oral, for the reporting body might be
made independent of the Judicature. These are
essentially difficulties of detail, and such as the
leaders of the legal profession, in concert with the
Bench, might easily overcome. What the public
and the working members of the Bar may fairly
expect is an accessible and sufficient record, at a
reasonable cost and within a reasonable time, of the
law which the Judges are always making, though
by a legal fiction they are said to declare it, and
which thenceforth becomes binding upon all. Whe-
ther this record should be prepaeed under State
sanction or under judicial sanction, and how far
private enterprise should be encouraged at the same
time, it is for the committee to consider.
HERALD.—It 18 with much regret that we find
our predictions as to the small amount of good_owrhi.
the Government labour scheme would eflectvfor.,tende.
Lancashire operatives are in course of beintgo
la express
The Public Works Bill was passed
wit
thuhfortunate
object of giving speedy aid to
the
the time that
sufferers. The public were told
ail that could be
there was no cure for the evil, anidef.
The measure
summer has passed
done was to afford temporary
accordingly became law ; buttt he he
e r
away, the autumn has gone, winter hac arrived,
and now we are io formed that not
_unhtil next spr
like
ing
will the act come into operation w itanything
•iness I Can any more complete failure be eGe.
ive,..i On the one hand, there is an idle popefit.
c'e
from hand to mouth as paupers or the
tion Charity ; on the other, there is a
recipients
,Parliament to sanction a
plan
Ministry asking
which would afford immediate relief to the sufferers,
and although the representatives of the country at
once gave their hearty support to the scheme, we
now find that a period of nine months must elapse
before it is able to effect the promised good. While
the bill was before Parliament we deprecated State
interference in the affairs of Lancashire, unless it
could be shown that the interference would result
in the organisation of a system more complete and
more fitted to meet the requirements of the case,
than any which could be devised by the benevolent
designs of individuals or the combined action of
relief committees. We also took exception to the
statement that the public improvements carried out
under the provisions of the act would assist the

------..--. ---._
operatives in getting over the I mrdshi Ps of winter,
believing that if they were unfi Veil fe r emigration
out-of- door labour
they were equally unfitted for
in cold weather. This opini
o a Monday
confirmed. Mr. Pernall havi Lig
on has also been
last stated that even in the toy vne vi here public
a ,single able-
works have been commenced n,
bodied man will be found at w orKe
eitic ated, a
upon them
et
should it turn out, as is general': eei bearings
hard winter. Looked at, then, in all i
ts
the Government labour scheme, ne e to the present
time, has been useless. During the pas® %ige of the
bill throughout Parliament the calc elatioue of the
Home Secretary that it would yield a
between 70,000 and 80,000 men, wers , cat dawn 1107;
Mr. Parnell to 30,000. Now it is shown that if
the winter prove gevere it will do no { ;ood whateea
Top loyeete nt_to
until the spring, and finally, ''ho ug h both Lords;
and Commons hurried on the bill, se. that 110 time!
should be lost, redtapeism has step WI in, and has'
erected so many barriers that vexation 5 delays vir-,
tually nullify the little benefit it
would be derived from the measure., ' the local wed.
thorities of the various towns have ,eag
Seely aPPlie
perations;
for loans, and are ready to commetect
and at Ashton works are already i a prOgrel
WE s calculate
having been undertaken on the faith of . Government
promises, but the money is not forthcon ling. 'i-
ts on the part of officials a more than co,
toriness, and it appears that such a mu, itiPlieiti 0
ieed being,
mortgages has to be given—a separate t
t the feel'
required for each instalment of loan—the
tit
di la-
is
ing is gaining ground in Lancashire tha t it is net:
cessary to think twice before adopting the ache
indeed, Mr. Hugh Mason states that in Asl the Perthe
corporation had elways borrowed money a t 4 .
cent., but on account of the delay in receiv,%iig ,5
stalments of the loan applied for they are 0.:",.ig",,
to obtain money to carry out the works underre u'et":
for which bankers charge at the rate of 5 per ea Irly:,
so that by placing themselves under the ru,,L ;tat
Wor'es Act the authorities are decided losers. sl'e,,,
for a moment do we advocate the affairs of I, ':,
country being managed upon the slap-dash letl/,
ciple which ultra-Radicals censider so admirab:B!
but in the csse of relievin g th e burdens of the La:
-cashire operatives forms mig ht have been god'''.
fled, and the needless circumlocution of dividing'
the business between the Poor-law Board and the
ban commissioners done a way with. Had the
latter been empowered to h and over the sera;
required to the former muck t unnecessary (let
would have been avoided. Fortunately tR
Central Committee at Manc, pester exists, andE.,
at the last meeting the grievance liakc,
ventilated and the wise suggestit 'a of Lord Der,
adopted—namely, that the circu me tames of theca%
should be at once brought to thee notice of the gelne
Secretary. But even though this be done, sae;
henceforward less delay occux, it will not alter the
opt of the public as to the faile 're of the Govara:
meet plan to ameliorate the condit, ;on of the cottex"
hands. The report of Mr. Perna, ,1 for the 'Orli',
ending the 21st ult. shows an inertias e of pauperel3
amounting in the twenty-seven ea titans to g,5
persons. The total number now is 1:19,444, or
13. i
per cent. of the population, against 25V,385, oreil3 -a
per cent., in the corresponding wee dc of 1862,6
53,206, or 3.7, at the same period ii a 1361* V34OltV
then, there is a diminution upon the year of 12e,- a
persons, but an increase upon 1861 of 76,238 t 19 d
if to these be added the number supp erted by rer:;e
committees it wil, be seen how very far Laness';s
is from its normal condition. In f tot, the rens,
from Manchester is gloomy in the eel treme,e hil",-;‘
we have never been of those who beli eyed
would pass away with the winter, th te tit 0 erw.e
the operatives is not worse than we a nticipated it
would be. In several districts factories are be
iles
altogether closed ; in others, in coesequ ence.,,:ef
present state of the cotton market, t he 'A-7- he
labour have been curtailed ; so that ever 1 wit:esti',
calculated supply of the staple next year sve ell
we fear, find Lancashire still unable to el mploY
.4
the mill hands. We have no wish to condition of
$ " co.tbiest,
manufactures wiped out from the list 01 l3e,ritece
articles of home production, but we must sa,Jekee
should gladly find the monopoly of the trad e,'"r",,Aoy
up. There is now no real advantage gained ,tiee
centrating it in one district, while its diet' i""b to
over several parts of England would carry vv4 '.lour'
other counties, and effectually prevent the rehire,
rence of a disaster like that under which Lana 5
with all its energy, now lies prostrate.

COUNTRY MARKETS.

-------ii----

LYNN—TUESDAY.
heat f
At to-day's market there was'a fair supply. of Wiuot
13°1
with a steady sale, and for fine samples the prices 01_t.00,
week advanced is per quarter • other sorts as 0
Malting barley fully supported late' rates ; grinding ra
cheaper. Oats And Leans were fully dearer. 30
White ..45s to 46s / Barley 375 to 10
11:d.. ..40s to 41s I Grinding ..339 t° 166
Beans .43s to 44s I Oats.. 22s to
,„.
New 38a to 40s I Peas —s 0

HULL—TUESDAY.
At this day's market the show of English wheat oss
moderate, with a fair sale, at fully late rates. „-0 04
Wheat.... Old white.... per qr ... 43s Od to -- 04
Old red 3Bs oa to 41' oj
)7 . A.4s
Nov white - Od
no
New red .... „ - Od
^6s
Barley.... English malting 32s Od to :),g. 61
Grinding 24s Od to 04'4 od
Saal and Oderbruck
Holstein and Danish 32oBas 001 ttoo 3311:
00 1
Grinding
0at5...... English, old
osl2lOdd to 133 d
to :24013a
Archangel and Riga, per st
Friesland and Dutch osl3d to (T.,0cl
Swedish and Danish osl2/c1 to O 3 pd
Beans ....English, old, per qr 4os 04 to "',,- 04
New pigeon 425 Od to 4'" ed
New tick,
Egyptian
Peas Foreign boilers .
Grinding 32a 6cl- tc ' °
Od tO -....° Oi
Tares ....Spring --s vs.- ,14$
433 002 :s 000 dici ttt 0,0 , 431 3:
006
aad
Indian Corn
Linseed, feeding
40s 04 I° 0 °
Od to uo:',zs Od
crushing
Linseed cakes (Hu11)............ £9 5 oto 9 0
00
lforeign Bl5O to 0
Rape cakes . ................ 600 to AlO
Bones

MELTON MOWBRAY—TUESDAY. uoto
The following were the currencies:—New white
vitooe;
41s Od to 455 Od; n ,9 ;new red, 39s Od to 43s per 36 ; at.„;
beans, 39s to 41s for old; new sorts, 36s to 38s pet
barley, 35s to 37s for malting, and 28s to 32s Pet Dr
grinding; new oats, a)s to 23s Od per 24 stone; °
to 295.

COAL. MAItRET.
rrioes of Coal per Ton at the olose of the ilutricet. $. 3'
.
El. d. Siert-0
15 3 6
Lambert's West Hart- Davison's West•. -
1ey1ey..............
Byass's Bellside West
Hartley ... 15 6 iv. ..,_ old.
.. , n 6
Holywell 9'l" ..... I'6 0
17 6 Het`ton .. .......... ....1
West Hartley 15 9 North lisuilel3"" "
Tantield Moor Butes l5 6
Ships at mark,

I 71 •
)t, 20 ; b Old,
....___.':-.....-

Foreign Mail Packet IAiSI

MAILS DUE.
.pee' 13.
ustralia and Mauritius, via Southampton. .....
.Dee.
via Marseilles . • •.... pee. 7,9,
Arazil and Cape Verds, by British packet••• • • 'Dec. 4.*
Cape of Good Hope, Ascension, and St. lielena•• pee.
ton..nee.
China, Penang, and Singapore, via Southf!taP
via lklarseilles . • •Jv

Falkland Islands
Gibraltar, via Southampton •__. ..••• • • • • "'•
pee.
India (Calcutta), and Ceylon, via SouthatoPton:.,,,e. ,'
via Marseillek..•..l),eo. 0
India (Bombay), via Southampton ........ °:.,DQc. 6'
via Marseilles ............
..... . ..... Dec.,7,
Portugal ...................... _
Malta, Egypt, and Aden, via Southampton... • . . Dec.
via Marseilles —Dee. 1:6,
Newfoundland
tis.h.;:i.m.e.ri.:b.•i-C.lT:ins• •ad•j'an" •*•• • •Dec'
Oporto and Vigo .......... ._ ..
.b" Brit. packet Dec'e -
by • • packet.... 4,
—pa k. : .3) ec • ,o,
....Dec' ii,
BWa.hCa.mofa:k., fvrijaca*eMwaydeeirrak, and Teneride
.. • Dec' .9
Mexico ............
Allc alpairfetsra. o.i.l2anVdstuln.ridtliessh,
Lin,eclluumdibniga.C. Chili, Peru.; . 1.13:e: `2/5'
------

Births.
cLAn,E,On the 2d inst., at Grove House, S. 11
the wife of Henry R. Clarke, Esq.,
Mrs` IIOWLETT.—On the 27th inst., at Brighton,
nowle,t, of a daughter,
Cromwcil•-Place'
TUYNNE.—On the 27th lilt. at at 7 A, CrOIIIWCIL.T.
Edward Thynne, of a dau. ghter. N• Igo 0,
VINCENT,--On the 2d inst, at Leighton-road, -":Ancei
wile of Alfred Vincent, Esq., of the Elchequer v
a son. of a daughter.,. .

Marriages.
•g'clael11211;
ANSON—CLAUGHTON.—On the Ist inst., a. to A.-,
star, Major the Hon. Augustus Anson, 111.P•tr100""13
Maria, eldest daughter of the Rev. T.
vicar ci Kidderminster. P3l: NOP
• h re
LlND—DAvis.—On the Ist inst., at the Brltis
off oovio,
Paris, Captain James Burnie Lind, Bengal S y.
to Florence, youngest daughter of Sir John
Bart,, K.C.B.

Deaths. t CColl't
BRADLEY.—On the Ist inst., at Upper BerkelePs-r ,
Wm. Henry Bradley, Esq., aged 77. Oa/
HYDE,—On the Ist inst., John Hyde, ESCI', 9110
aged 62. jtobCrt I
PERRY.—On the Ist inst., at Oxford, the 11.ev.
oh
Perry, M.A., aged 39 ior Mal'
SYMONS —On the 2Sth nit., at Fieldhead, .*--31t7
Major Symons, late Bengal Artillery. r°,6:l'
SALTER..—On the 30th ult., at 5, Kensington -if sat. ri
dens, Emily, wilow of the late General Jaiae6 '
C.B.

-
London: Prlnz,?,d and ral,llsled by W1L1,L201`,,, lON 14
of No. 112, Strand, Printer, at 'lnn Strti O'n'-cotl-
- In the Precinct of the 3avoy. 'n tile
iliddlesex.—Thuroday, Dectraber 3, ON.