The Sun.
London, England, 1862-03-15 00:00:00

• •
rHE LOSDON, SATUROXY EVENING, NIVICII 1.5.

only passed the consolidation of the criminal law, to which
he had referred, but they passed an act, the enacting part
of which consisted of only one section containing some four
or five lines, by which they repealed no less than one
thousand old acts of Parliament, many of which, though
they had not been directly it epoaled, had become entirely
obsolete and inoperative. Now if he were to stop here, and
to put it to the Attorney-General whether it was fit for the
Government, having done so much to do no more, he was
sure that the house would expect to be informed of some

great and insuperable difficulty to justify delay in such a
work. No less than 90 bills were prepared at the instance
of the statute law commission, and only required the revi-
sion of some competent person to put them in a state in

which they might be brought before the house. If these 90
bills, which comprised the most important subjects, were
passed, they would reduce the number of volumes contain-
ing the statutes at large to seven or eight volumes. Instead

of 40,000 statutes, it would substitute 180 or 200 Acts of
Parliament. It might be that the appointment of a Minis-
ter of Justice was impossible; but there could be no diffi-

culty in constituting a board of three or four skilled persons
to consider these 90 bills, and to proceed with the remainder
of the consolidation. If the expense of completing the work

were any object, he would remind the house of a calculation

made by the statute law commissioners, namely, that if
their system were fully carried into effect, no less a sum
than £60,(.;00 a year would be saved the country in the

printing of bills and Acts of Parliament alone.

Mr. LOCKE said it must be very gratifying to the house
learn that the work was so very near completion. The

utmost that could be done was to reduce the statute-book to

four volumes; and it appeared that it might at once be re-
duced to seven. He would ask the Attorney-General,then,
whether he would allow all that had been done to remain
useless; or whether he would not rather avail himself of
the mine of wealth which the statute law commissioners had
left him ? He considered that the practice of consolidating
parts of statutes was a most nefarious one. For his own
part he would infinitely rather look into one act for the law
than look into two : and he believed he spoke the senti-
ments of every one that, like himself, preferred taking no
more trouble than was absolutely necessary in the perform-
ance of an onerous duty. (Laughter.) It appeared to him
that a procedure act was necessary to accompany the crimi-
nal law consolidation bills already passed. Those bills had
taken all that related to criminal offences out of Lord Cam-
bell's acts, for example, but it left the rest of those acts un-
repealed. If they could not have the whole 90 bills referred
to by the hon. and learned gentleman, the Attorney-Gene-
ral would do well to select any half a dozen or dozen of
them that he might like best, to begin with. It really did
not matter where they commenced, for whichever of the
bills they passed would improve the law, so far as they
went.
The ATTORNEY-GENERAL need not follow his hon
and learned friend through the history he had given of sta-
tute law consolidation for the last 30 years, but if he did he
should not be at variance with the hon. gentleman. He
agreed with his hon. friend that what had been done before
1854 had become practically futile. In that year, however,
the Statute Law Commission was issued, under the auspices
of Lord Craaworth, to whom he thought the country owed
much for his exertions in the cause of law reform ; and he
was happy to inform the house that the work of expurgation
was intended to be further carried on under the direction of
the Government. The Statute Law Commissioners had
continued their labours till 1859, when the annual vote for
their expenses was refused by the house. After that event
Messrs. Wood and Reilly were instructed by the Govern-
ment to proceed with the steps they were taking to bring
out an edition of such statutes only as were in force, omit-
ting likewise such as were only of a local and personal na-
ture. Reference has been made to the register of obsolete
acts, which had no doubt been found of great value, but it
only went back to the commencement of the present cen-
tury, and only included acts of whose repeal there could be
no doubt. By the 101st chap. ofthe act of last session nearly
1,000 other acts had been rescinded, which though mani-
festly obsolete, had not till then been formally repealed. This
class of dubious acts might be arranged under several classes
First, there were expired acts. Then there came spent
acts, namely, such as had been practically repealed by the
accomplishment of the object for which they had been passed.
Various classes of acts—those that were virtually repealed,
those that had become obsolete either by the state of things
which they contemplated having ceased to exist, or from
their being unable to be put in force—were placed in a re-
pealing schedule; and an act had been already passed
whereby all these spent, repealed, and obsolete statutes
were removed from the statute book. The learned gentleman
who were engaged in this important work were continuing
their labours. Another bill had been laid on the table,
carrying the work of expurgation down to the end of the
reign of Edward 111. ; and a third, now in preparation
would bring it down to the end of the reign of Henry VIII.
In this last-mentioned series, he understood out of 1,092
existing pages of statutes only 269 would be retained. That
very day he had received a communication from these two
gentlemen, stating their belief that an equal or greater re-
duction might be made in the reign of Henry VIII. and
subsequent reigns. In this manner an effectual expurga-
tion of the statutes would be accomplished. Thus far he
believed he was in perfect accord with his hon. and learned
friend. But his hon. and learned friend had further asked
whether it was the intention of the Government to proceed
with the statutes prepared under the direction of the late
statute law commission. He presumed that his hon. and
learned friend was referring to the 90 bills which were pre-
pared under the direction of the commission. Now he (the
Attorney-General) found, by reference to what he believed
to be the last report of the commission, dated in February
1859, a statement that the bills had been prepared before
the commissioners had the advantage of the register
which had been prepared by their labours. In conse-
quence of that, they reported that some further change
might be necessary; but they considered that some of the
bills were in a state in which they might properly be sub-
mitted to Parliament. Four of them, if he remembered
rightly, had been laid on the table of the House of Lords;
but in introducing them Lord Cranworth said they were pro-
duced merely as specimens, and not for the purpose of invit-
ing Parliament to pass them. Now, he (the Attorney-
General) had seen the bills, and whilst he would be the last
man to disparage the labours of the commission or of the
learned gentlemen they employed, he should not be misun-
derstood when he said that the bulk of the bills, he might
say the bills generally, were not in a condition to be laid be-
fore Parliament. He had no doubt these bills contained a
great mass of matter which would prove very valuable ;
and besides the construction of the register, which was a
very useful work, he believed none of the labours of the
commission would be unattended with advantage ; but it
was not the present intention of the government to proceed
with the bills as they stood. He trusted, however, that
they might see the work of expurgating the statutes speedily
accomplished.
RELIGIOUS PERSECUTION IN SPAIN.

Mr. KINNAIRD, in reference to what took place last
session on the subject of the persecutions in Spain, and the
efforts which were understood to be about to be made by
her Majesty's Secretary of State for Foreign Affairs to ob-
tain remission of punihment for Matamoros and others,
now under sentence of the galleys, on the charge of main-
taining certain religious opinions and practices contra.:y to
the religion of the State, asked if any and what steps had
been taken in reference to this matter. He spoke of the
extent to which this persecution had been carried, and the
numbers and sufferings of the victims, who looked anxiously
for the interposition of the English Government.
Lord PALMERSTON said ho was sorry that he could
not report any satisfactory result following the attempts of
the Government to obtain the pardon and release of the
persons alluded to. The difficulties were very great. The
Roman Catholic priesthood exercised great sway in Spain,
and wherever they gained predominance there wag the ut-
most amount of intolerance. Efforts had been made to pro-
cure the exorcise of mercy in these cases, but they had been
hitherto unsuccessful.
Mr. BLAKE defended the Spanish Government, to whose
tolerance he bore testimony from personal knowledge, and
who, he said, repressed religious opinions only where em-
ployed as a means of disseminating political doctrines.
Mr. WHALLEY, on the other hand, contended that
these persons were persecuted and punished for their re-
ligions opinions as heretics.
Sir R. PEEL believed that Mr. Blake was in error in
supposing that these poor men had been in any way con-
nected with political transactions.
The house then went into a committee of supply, when
Mr. PEEL moved a vote for the Post- office packet ser-
vice estimate.
Mr. BAXTER called attention to the increase of this
vote, and to the practicability of reducing its amount, throw-
ing out suggestions for that object.
The vote was agreed to, after a long discussion.
On the report of the Committee of Supply,
Mr. CONINGHAM objected very warmly to the Sand-
hurst College vote, considering it detrimental to the public
service, he said, that a kind of Horse Guards reserve should
be established at the college.
After some remarks by Sir J. SHELLEY, Colonel NORTH,
Sir G. LEWIS, and Mr. AYRTON, the vote was agreed to.
A short discussion took place upon the other votes, and
the entire report was ultimately agreed to.
The Consolidated Fund (X 18,000,000) Bill was read a
third time and passed.
The Pier and Harbour Act Amendment Bill was read a
second time.

a great matter tor consideration was whether the law courts
could not be all concentrated into one locality. The Royal
Commission gave strong reasons wh3 there should be such
concentration, and they recommended a site of six acres

Lyingbetweenthe Strand and Carey-street. This site seemed

the best that could be found in the metropolis, situated as
it was between the chief inns of court, and accessible

equally well from the Temple and Lincoln's-inn. It was
the legal district, inhabited by barristers and solicitors.
Another reason why this site should be chosen was that it
consisted of a series of courts and alleys and small streets,
which were in a most unwholesome and discreditable state.
The houses were unfit for wholesome or decent residence,
and it would be a positive advantage to pull them down.
There was no carriage thoroughfare in this locality. It was
inhabited by law clerks and stationers, and other hangers
on of legal courts and parts of the locality were occupi( d by
a degraded portion of the population. This class of persons
could only be benefitted by having any other locality to live
in. The Royal commission suggested that the £1,400,000
I vested in the name of the Accountant-General of the Court
of Chancery should be made applicable for the purpose.
This amount consisted of two funds, the surplus interest
fund amounting to £1,290,000, and the surplus suitors' fee
fund to £200,000, and these two funds were constituted of
investments of the suitors' cash made by the accountant-
, general from time to time under various acts of Parliament.
The right hon. gentleman detailed the circumstances under
which the money had accumulated, and said that it might
fairly be said to belong to nobody, and portions had fre-
quently been applied to purposes similar to that to which he
now adverted—such, for instance, as building various
offices connected with the administration of the law. The
fund, however, was held as security for certain charges
which were guaranteed by it, and this guarantee he pro-
posed to transfer to the Consolidated Fund, though he must
say that it was extremely improbable that the guarantee
could ever be called into operation by any payment being
required. He had provided in the bill that the maximum
charge which could ever be made upon the fund should
amount to £35,000 a-year. The right hon. gentleman was
proceeding to state a variety of details, when
An Hon. MEMBER moved that the house be counted,
but a number of hon. members having entered, a house
was made.

Mr. COWPER, in continuation, said that although the
amount of liability might possibly bo £35,000, there was
no likelihood, even if any claim at all wore ever made, that
the sum would reach anything like that amount.
Mr. LYGON rose to order. By a standing order of the
house it was provided that any bill for making a charge
upon the people should be introduced in a committee of the
whole house, and ho submitted that this measure came
within this rule.
The SPEAKER said the house was not dealing with
public money in the sense intended by the standing orders.
Mr. COWPER proceeded with his explanation. The
measure would not necessitate any drain upon the Exche-
quer, because the new buildings would put an end to
various existing expenses. The bill would appropriate
money belonging to no one—belonging to the State; and
it was desirable to appropriate the money arising from
former suits to diminishing the expenses of future suitors.
Mr. LYGON contended that the suitors' fund ought not
to bo appropriated to the new buildings, as many applicants
were originating proceedings for the recovery of portions of
the money, in consequence of the notice of the present
intended appropriation. Ho hoped the matter would be
thoroughly investigated.
Sir H. WILLOUGHBY remarked that if it was true
that the fees of the Court of Chancery went into the Ex-
chequer, this bill would in effect take money out of the
national funds, and he should like to hear the Chancellor
of the Exchequer on the subject. He did not wish to
oppose vexatiously the building of the new courts.
Mr. CRAWFORD hoped that the evidence of the com-
missioners on the subject of the new law courts would be
read by hon. members before the question was decided,
The fund proposed to be appropriated arose from the inte-
rest on the loose cash of the suitors, which had accumu-
lated for 120 or 130 years. It was of the nature of the profit
which a banker made from investing the deposits of his
customers. The subject was very intricate and compli-
cated, and ought to be well considered.
Tho CHANCELLOR of the EXCHEQUER thought
it desirable that the attention of Parliament should be direc-
ted to this subject at its commencement. The history of
great buildings—the house in which they were sitting
afforded an instance—was, generally speaking, not very
satisfactory. After the experience of the building of the
Houses of Parliament, it was necessary that in all future
public buildings the public at the outset should know the
outside cost of such buildings. He was very glad therefore
that the discussion had been raised on the very first stage of
this bill. The manner in which the money for the proposed
building was to be obtained was a subject which the house
should very properly closely and fully consider. He believed
that the proposed fund was a most legitimate ono for the
object in view. No doubt there would be a sum required
from the public funds, and probably larger than the com-
missioner anticipated, but the house would have ample op-
portunity of considering that, The proposed work was a
work of great public improvement, and therefore he thought
it well worth while considering whether a portion, and a
considerable portion, of the burden should not fall upon the
public. It was the desire:of the Government that the house
should have the fullest opportunity of considering this sub-
ject. The ad vantages to be obtained in economy and
despatch of the legal business of the country would amply
compensate any charge that would fall on the country.
Mr. LYGON, after what they had just heard from the
Chancellor of the Exchequer, would again appeal to the
Speaker on the point of order. It seemed that a charge was
to be placed upon the public.
The SPEAKER ruled that the bill was according to the
required form.
After a short discussion, leave was given to bring in the
• bill.

ISP

ASSIZE INTELLIGBACB.

HOME CIRCUIT.-CHELMSFORD, MARCH 14.

CIVIL SIDE.
(Before Mr. Justice Wightman and a Common Jury.)
PALMER V. CROOKENDEN.—THE FEMALE CHRISTY

MINSTRELS.
This was an action brought by Mr. Palmer, the
manager of the troupe of female Christy Minstrels,
to recover the wages from the defendant, as the pro-
prietor of the Woolwich Lecture-hall, for a breach
of contract entered into with him for the use of the
hall for the performance of the troupe.
Sergeant Ballantine and Mr. Laxton were for the
plaintiff; and Mr. Hawkins, Q.C., and Mr. Inder-
wick for the defendant.
Sergeant Ballantine, in opening the case, said
that the plaintiff was well known in London and
the provinces as the gentleman who had originally
introduced the male Ethiopian minstrels to this
country, and he had subsequently got up a female
troupe. He was desirous or making a tour through
the provinces with the ladies, and the hall at Wool-
wich was engaged for that purpose by his agent,
Mr. De Halle, and the first performance was to
have taken place on the 4th February. Bills were
posted, advertisements published, and all the neces-
sary arrangements were made ; but when the plain-
tiff arrived with the ladies on the day appointed, he
found that the hall had been let to a gentleman for
the purpose of lecturing upon mesmerism, and he
believed the public were very much disappointed,
and the plaintiff was put to considerable expense.
The present action was therefore brought to recover
damages for the loss he had thus sustained through
the defendant's breach of contract.
Mr. De Halle deposed that he was agent to the
plaintiff, who was the proprietor of the Ethiopian
troupe of female serenaders.
Mr. Justice Wightman—The what ? (Laughter.)
Sergeant Ballantine—My lord, he is called their
proprietor; but I can assure your lordship that he
in no way contravenes the law, and he is in no way
connected with the slave trade. (Laughter.)
Examination continued—lt was arranged that a
tour should be made with the troupe through the
provinces in January, and they proposed to go
through the county of Kent, and to commence at
Woolwich. The 27th of January was first proposed
as the day to commence, and the defendant agreed
to let the hall for the performance on that day, but
it was found inconvenient ; and at length the de-
fendant agreed that the plaintiff should have the
hall on the 4th of February. In consequence of
this, advertisements were issued, bills were posted,
and the necessary arrangements made to give
publicity to the proposed performance. On
the 31st of January, after all the expense had
been incurred, he received a telegram from the
defendant, informing him that he could not have
the use of the hall on the 4th of February, as it had
been let for another purpose. At this time the town
had been " billed," and all the engagements were
made, and the troupe was consequently taken to
Woolwich, but they could not perform, as the hall
was occupied.
Cross-examined—A good deal of expense was in-
curred in going about to different places to make
arrangements, and also in applying to the officers at
the barracks and soliciting their patronage. The
bills they posted were large, and were got up at
considerable expense. Nothing was done now-a-
days without going to a good deal of expense for
advertising. (A laugh.)
Mr. Palmer, the plaintiff, was then examined, and
in answer to a question put by Sergeant Ballantine
he said that he was by birth an American.
Mr. Justice Wightman said he thought the wit-
ness had been represented to be a genuine Ethio-
pian. (A roar of laughter.)
The witness—Not exactly, my lord. (Renewed
laughter.) The plaintiff then went on to state that
he was originally connected with the male troupe
of Ethioian serenaders, and he subsequently estab-
lished a female troupe, under the name of Christy's
Female Ethiopian Minstrels.
Sergeant Ballantine (interposing)—And I believe
they are advertised to appear in full Indian cos-
tume, although I must confess I hardly understand
what the expression means. (Laughter.)
Mr. Justice Wightman—l am quite sure that I
do not. (Laughter.)
The plaintiff went on to say that when all the
arrangements had been made, he went down to
Woolwich on the 4th of February for the purpose
of giving the performance. The troupe consisted
of 11 ladies, all of whom were under the charge of
himself, his secretary, and his wife. They prcr-
ceeded to the hall, but he found that ho could not
obtain possession of it, as it had been let to some
one else, who was giving a lecture on mesmerism.
He saw the defendant, and asked him how he came
to act in such a manner towards him, and he then
for the first time denied that he had let the hall
to Mr. De Halle for the purposes of the perform-
ance. He told him he should hold him responsible
for his breach of contract, and he then went and
counted the number of persons who canna for the
purpose of witnessing the performance. Hundreds
of people went away when they found that the
minstrels were not going to perform, and if the per-
formance had taken place he believed he should
have had a glorious night. He paid regular salaries
to his ladies, and the amount averaged £8 15s- per
night, and they received regular salaries whether
they performed or not. He considered that he had
been put to an actual expense of more than £2O,
and he believed he should have made a good profit
by the performance.
Mr. Inderwick (to the witness)—Did the people
say anything when they came down from the hall
Witness—Yes, they were very angry, and said
that we were a set of "humbugs," and that we never
intended to perform at all. (Laughter.)
Miss Elizabeth Wilson, one of the troupe, proved
that she and the other young ladies went to Wool-
wich for the purpose of performing. There were
11 of them altogether. They all walked together
from the railway station to the hotel.
Mr. Sergeant Ballantine—Not in full Indian cos-
tume, I suppose. (Laughter.)
Witness—Oh, no, certainly not. (Laughter.)
Mr. Inderwick then addressed the jury for the
defendant, and he endeavoured to show that no posi-
tive engagement had been entered into for the use
of the hall on this particular night, but the evidence
he brought forward did not at all tend to establish
that fact.
The jury returned a verdict for the plaintiff—
damages £25.

NORTHERN CIRCUIT.—YORK, March 14.
NISI PRIUS COURT. _ _

(Before Mr. Justice Willes and a Special Jury

ROGERS V. LEADER AND OTHERS—LIBEL.
Mr. Overend, Q.C., and Mr. Quain, were for the
plaintiff ; Mr. Edward James, Q.C., and Mr.
Kemplay for the defendants.
This was an action for libel against the proprie-
tors of the 'Sheffield and Rotherham Independent.
Mrs. Rogers, the plaintiff, was a widow, 40 years
of age, and is the matron of the Sheffield Work-
house. She went to Sheffield in 1850, when she
obtained the situation of matron. After she had
' remained there about a year she married Mr.
Rogers, the master of the workhouse, who died in
1861. From March in that year the plaintiff had
' still continued as the matron of the workhouse. In
April last a new board of guardians was appointed.
When the remission of the paper duty came into,
operation, in October last, the Sheffield Independent,
which until then had been a weekly, became a daily
paper. The Sheffield board of guardians allowed
reporters to be present at their meetings, but it was
submitted that a report of a meeting of a board of
guardians was not a privileged communication in
any respect. The libel complained of appeared in
the newspaper named on a certain day in Novem-
ber, and was contained in a report of a meeting of
the guardians, at which a report was presented by
certain members of the visiting committee. The
report which appeared in the _lndependent was
was headed as follows :—" Curious discoveries by
the visiting committee," The report of the com-
mittee was then given, and they stated that they
had examined the cellar of the workhouse, where
a quantity of bacon, beef, hams, &c., was found.
It was said for the plaintiff that it was insinuated
in this particular report that there had been
a discovery of stolen property, and an aspersion
cast on the character of the plaintiff. On this
report being published on the 21st of November,
the plaintiff, conscious of her innocence and aware
of the injury she had sustained, consulted
her solicitor, and this action was brought. The
defendants were written to, after which a notice
was inserted in the same journal to the effect that
the report was correct and impartial, and if Mrs.
Rogers or her friends wished to answer or explain,
the proprietors would be glad to give it a place in
their columns. In bringing her action the plain-
tiff, it was stated, only sought to vindicate her
character, not to recover damages.
The plaintiff, in her examination, admitted that
an action had also been brought against the pro-
prietor of the Sheffield Telegraph.
Mr. James submitted that the defendants had
simply discharged a duty which had been imposed
upon them by the guardians themselves, and that
the reporter was hound to report everything that
came before the guardians, and not select any par-
ticular portion. He hoped the time would come
When the reports of public meetings would be taken
to be authorised publications in the newspapers,
because he could see no damage likely to result to
the public from a free report of all proceedings re-
lating to the public service. In this case the guar-
dians had a right to make a report, and no action
could be maintained against them. His clients had
done no more than present a fr,ithful and true ac-
count of the proceedings that took place before the
gurdians. He was of opinion that there had been

an indecent haste in bringing the action, and that
nothing could haYe been fairer than the conduct of
the defendants, who haa
made every amend possible
for what they bad inserted.
The jury rerired far halt an hour, 1;,,,nd then found
a verdict for the defendants,

OXFORD CIRCUIT.—STAFFORD, March 14.
CROWN COURT.
(Before Mr. Baron Channell.)
THE GOVERNMENT PROSECUTION OF THE REV. 11. 8.
FLETCHER.
The rev. prisoner again surrendered to his bail
when the court opened this morning at 9 o'clock.
Baron Channell said that he had had an oppor-
tunity since the previous night of considering the
very many ingenious and well-argued objections
that were brought for ward on the previous evening.
'With reference to Eome of them, he had had no
difficulty in coming to an opinion, and that opinion
was against the prisoner. The objections were
mainly involved in two questions. First, whether
the prisoner at the bar was a trustee for the pur-
poses described in either of the counts of the indict-
ment ? Second, if he was, whether he was a trus-
tee under an express trust in writing within the
act of Parliament under which the indictoent was
founded. Now, that point he proposed to Yeserve
for the consideration of the court which was esta-
' blished for resolving crown cases that might be
referred to them. For the purpose of having the
point reserved for the consideration of that tribunal
he should decide against the prisoner. Ho thought
it was clear that the prisoner had appropriated the
moneys, and therefore that question need not be
put to the jury, but he thought it would be well for
Mr. Matthews to address them upon the point of
whether the prisoner appropriated the money with
intent to defraud.
Mr. Matthews inquired of his lordship if it would
not be necessary to go to the jury to consider
whether Mr. Fletcher ever acted as a trustee.
His Lordship said that there was abundant evi-
dence to show that the prisoner had so acted from
the time of his appointment in 1838, up to last year.
There was also abundant evidence to show that he
was also treasurer and secretary, and it did not ap-
pear to him that the prisoner was less a trustee
by being secretary and treasurer, but having all
these offices, it became easy for him to make appro-
priations which he could not otherwise have accom-
plished.
Mr. Matthews then addressed the jury for the
prisoner as to the intent, and his Lordship having
summed up at considerable length,
The jury, after about ten minutes consultation,
found the prisoner guilty of appropriating the
money with intent to defraud the depositors.
His lordship then said that if the prisoner could
find bail, himself in L 750 and two sureties in the
same amount, he would postpone the sentence.
Mr. Dowdeswell, on behalf of the crown officers,
would afford every facility for the finding of such
bail.
On the application of Mr. Matthews, the bail
was afterwards altered to one surety in the amount
of the prisoner's bond, and two or more others in
the third £750.
'rime was given to produce bail, and the rev.
prisoner was removed to the cells below the court.
During yesterday and a greater part of the day
before he was provided with a seat in the dock, and
during the proceedings held down his head upon
the handrail. On more than one occasion he was
observed in tears.