The Sun.
London, England, 1853-03-15 00:00:00

lof the treasurer of the courts, and the same powers
were given as were conferred by " the last mentioned
act." Now " the last mentioned act" referred to an en-
tirely different object, and there was no previous statute
relating to the same subject at all. Again, in the same
act there was a clause giving compensation to persons
whose offices were abolished, with the usual provision at
the end that where a party received compensation, and
was afterwards appointed to an office the amount Of his
compensation was to abate pro tanto as long as he held
the office. All that was only reasonable and in the ordi-
nary course ; but during the progress of the bill through
the other house it was proposed that another class of per-
sons should receive compensation, and a clause was in-
troduced to that effect. But the party who introduced
that clause did not take the trouble to read the act, or he
would have seen that there was a general clause granting
compensation, and that all he had to do was to add a
particular class of persons to this particular clause. How-
ever, he not only introduced a distinct clause to effect
his object, but he omitted any provision to make the
compensation abate if the party entitled to it shouh
afterwards hold another office, so that in that bill there
were two clauses for giving compensation totally at
variance in principle with each other. He repeated,
that in that particular act there wag not a single clause
into which some error of more or less importance had
not crept in the course of its passage through the house.
He might multiply similar cases almost without limit ;
but those to which he had just called their lordships'
attention were not so strong as those which were adduced
by his noble and learned friend on -the occasion to which
he had referred. He (Lord Lyndhurst) had selected
these instances on account of their recent occurrence,
and for the purpose of showing their lordships how this
evil, which was one of the gravest kind, was suffered to
continue ; and he exhorted their lordships, in the
strongest manner, to devise some remedy against the
continuance of such a vicious system. It appeared to
him that it would not be difficult to discover some
remedy. For instance, if some person of competent in-
formation and knowledge were appointed by the Govern-
ment, with such assistance as might be necessary to
make himself master of every bill introduced into that
house, and to watch it through the whole of its progress,
and to communicate from time to time some authority in
that house any alterations that were introduced into it
upon`either its original or its amended state, he thought
that this evil, if it would not be entirely got rid of, would
at least be very much mitigated in its operation. How-
ever, it was not for him (Lord Lyndhurst), as a private
individual, to enter into the details of this subject—it
' was a proper subject for the consideration of the Go-
vernment, and one of very great importance, and he
took leave, therefore, to conclude the short statement
that he had made by asking his noble and learned friend
on the woolsack whether it was his intention to accom-
pany, or to follow up, his measure for the revision of the
statutes with any measure for the purpose of remedying
the crying evil to which he had referred ? (Hear.)
The LORD CHANCELLOR said that he was sure
their lordships always listened to any statement made by
his noble and learned friend with so much pleasure and
attention that he could not but rejoice at the circum-
stance that the announcement which he (the Lord Chan-
cellor) had to make at the opening of the present session
had led to the inquiry which his noble and learned friend
had just addressed to him. He could assure their
lordships that he felt as strongly as his noble and learned
friend could feel, the absolute necessity of coming
to some arrangement whereby their legislation for
the future might be made more perfect than it now
was ; and when he announced, on the first day of their
meeting, the intention he had formed of endeavouring to
consolidate the existing statutes, he stated then, and he
had not the least difficulty in repeating now, to his noble
and learned friend, that one of the main objects which
he should always have in view so long as he had any
connection with the work of consolidating the statutes,
would be not only to devise the best mode of consolidating
the legislation that was already passed, but also to pro-
vide for a better mode of legislating for the future. At
the same time he did not wish to mislead his noble and
learned friend by inducing him to believe what was not
the truth, that he had in his mind at that moment any
definite plan with regard to this subject. He had stated
on the first day of their meeting that the best chance of
arriving at such a result was not to speculate any longer
as to what was the best mode of proceeding, but to pro-
ceed at once to do something. With that view he had,
since he announced his intention a month ago, secured
the services of a very learned gentleman to whom his
noble and learned friend had alluded, and who to his
general qualifications added the peculiar qualification
upon this subject that he was practically the only re-
maining commissioner who framed the report suggesting
the mode in which the statute law should be consolidated.
Being necessarily unable, from his other avocations, to
attend to the practical details of the matter himself, he
(the Lord Chancellor) had secured the services of a few
efficient men to devote themselves exclusively to the
task. He had not wished that it should commence be-
fore the Easter recess, because he could not, till then,
give his personal attention continuously to the subject ;
but he had put the matter into such a train that he be-
lieved in the first week of next month the work would
be begun, and an attempt would be made, as he pre-
viously intimated, in the first place to ascertain precisely
and exactly of what the statute book now consisted, for
he believed there were thirty-esght quarto volumes
printed, not 'above six or seven of which were now in
force. That being done, he would take one or two rather
easy subjects, and consolidate the statn tes relating to them
first, and turn them into better language and form, and
then lay them before the house as a specimen of what
could be clone in that respect. When that had been
completed, whether it would not be right to extend the
work further, and engage a larger staff for its execution,
he would not now speculate. One direction, which he
always gave to every person enagaged on this subject,
and upon which lie would always fix his own atten-
tion, was not only to endeavour to render in a more de-
finite and intelligible form the statutes that were already
passed, but to discover and suggest a practical mode
of reforming all prospective legislation likewise. (Hear.)
The Earl of ELLENBOROUGH said that when it
fell to his lot, some years ago, to have the charge of
measures in their passage through Parliament, it was his
practice to have the bills reprinted with the amendments
that were made in them, and he found that course to be
one that was attended with very great advantage. He
wished also to observe, that if their lordship's house was
to continue to have a great number of bills thrown upon
its attention at once at the end of a session, no arrange-
ment that they could make could by possibility save
them from the discredit of passing acts which nobody
could comprehend.

Lord REDESDALE must say, with regard to the
language of acts of Parliament, that the judges had a
little to do with it as well as the houses of Parliament.
If the judgment of the Court, which held that the word

" may" was only permissive, had been questioned by
another Court, considerable doubt and difficulty would
have been saved.

Lord LYNDHURST said that for a lengthened pe-
riod of time there had been disputes as to the meaning
of the word " may" in acts of Parliament, whether it
was imperative or permissive only.
Lord ST. LEONARDS said that it should not be for-
gotten that the moment they touched the formal lan-
guage of an act of Parliament, they made a new statute.
The difficulty which had been felt with regard to the
word " may," whether it was imperative or permissive,
would give their lordships an idea of the consequences to
which the slightest alteration in an act of Parliament
might lead. The moment they attempted to alter the
formal language of an act of Parliament, they at once
established a code ; and if they were to have a code at
al!, it must embrace both the common and the statute
laws. Some of their lordships who had examined in com-
mittee the question of what the probable operation of a
code would be, were aware of the great difficulties which
stood in the way, of codification. It was suggested that
the proper course would be to entrust the framing of all
bills to competent persons, and that when the bills were
prepared, no alterations should be introduced into them
without being submitted to the framers. But still this
mode of proceeding would not be free from difficulty, be-
I cause, in committee, an alteration might be suggested
and adopted, and then, when the bill came to -be exa-
mined by the person who understood the whole of the
measure, it was hopeless to expect that he would find it
free from very gross errors. They must take blame to
themselves for many of the errors which appeared in acts
of Parliament ; for bills did not receive that deliberate
consideration and discussion in.committee which was re-
quired. Their lordships had it in their own power to See
that alterations should be openly mentioned and dis-
cussed before they were allowed to be passed, and if that
care were taken, he felt perfectly satisfied that a great
part of the mischief would be remedied ; but no body of
men could be responsible for a vast number of bills sent
up from the other house at the end of the session, and
thrown stogether on their lordships' table, when there
was not sufficient time to consider the provisions of each.
The Earl of ABERDEEN said that her Majesty's Go-
vernment were anxious to facilitate the progress of bills
by introducing them at as early a period as possible into
their lordships' house.
Lord BROUGHAM was rejoiced to hear that the noble
earl's attention was addressed to this most important
subject. Upon a former occasion, when he (Lord
Brougham) had brought forward the question of the
manner in which our laws ought to be made, his late la-
mented friend) Lord Ashbuton, had said to him, " You
may depend upon it, that of all the amendments in the
law which you are proposing, this is by much the most
self-evident, by much the most clear ; and it is the unde-
niable duty of Parliament to adopt it ; and et
also depend upon it, that you will find it y you may
far less diffi-
cult to carry all other amendments than to obtain the
sanction of Parliament to • this most important and
simple one." He (Lord Brouolam) admitted that there
were difficulties in an alteration of the language of acts
of Parliament, because the must take care that the
new law was framed in language that would suit the
former judicial interpretaf But though he acknow-
ledged the task to be difficult,i. he did not thiik it was im-
possible, but believed that some means might be disco-
vered for avoiding gross errors. That so much might be
done, and that so
of doubt. But much would be done, he had no manner
he doubted whether they
enough if they only prevented 0.. er errors from getting
would ( o
into the statutes. He thoughtgrth"at great care should
be taken in the Original framing of each
care should be taken in the discussion ofhat
especially with regard to the
made in the course of
greater care must be takenwhen
their lordships' house from
that discussion
a,
al-
terations introduced were not always
amendmouto. But that all its clauses,
act—. that equal
might be
changes- andt that still
bill came back to
ther place where the ano in the nature of
this could be done by the