The Sun.
London, England, 1846-06-27 00:00:00

SOCIETY FOR PROMOTING THE

AMENDMENT OF THE LAW.

THIRD ANNUAL REPORT OF THE COUNCIL.

Your Council have now for the third time to report to the

Society their views of its state and prospects.
Our numbers have continued to increase. In our last
Annual Report, though we were able to announce a con-
siderable accession of members, we were obliged to add, that
our recruits were principally from the ranks of the law :
however much we were pleased at lawyers joining us who
were willing to aid us, still we felt that our labours would
be comparatively fruitless unless we received that support
which the community at large alone can give. This year
we are happy to state that we have also been joined by
many Members of both Houses of Parliament, and by many
other gentlemen belonging
to the mercantile and other
classes of the community.
In the last year death has deprived us of two eminent
members, the late Earl Spencer and Mr. Justice Storey, the
u
one ever ready to promote any useful public object with his
influence and purse, the other a man whose legal writings
have acquired for him an European reputation. We notice
with pleasure that one of our ordinary members, Mr. Burge,
has been appointed to fill the office of Commissioner of the
Leeds Court of Bankruptcy, an office in the due performance
of which we take the greater interest, because it is one of
those offices which we owe to the progress of law amend-
ment. In losing Earl Spencer we have to regret the loss of
a vice-president. The increasing importance of the Society,
as evidenced by the number of Peers of Parliament who
have joined it, has induced the Council to recommend that
we should not merely fill up the vacancy thus occa-
sioned, but increase the number of vice -presidepy.

The Society has also enlarged the sphere of its exertions.
They have called in the public to sanction and approve of
their proceedings, and in that appeal they have been com-
pletely successful. At a public meeting held on the 6th of
June instant, composed of many eminent and learned per-
sons as well members of this Society as persons not yet en-
rolled, resolutions in favour of its establishment and objects
were unanimously passed.
It will be now our duty shortly to recapitulate the pro-
ceedings of the Society since our last Report. We have the
satisfaction of stating that the machinery of the Society
has worked well. The plan of referring suggestions to par-
ticular committees competent to entertain them, which com-
mittees report on them to the general body, where they are
again discusseed, has proved well adapted to afford opportu-
nities both for careful and extensive consideration and in-
quiry. Inquiry indeed is the great object of the Society. It
may be a humble one, but your Council submit that it is of
unquestionable usa that inquiry should precede and accom-
pany all changes in the law, and that correct information as
to them should be diffused. . .

The Committee on the law of property has proceeded with
its useful and successful labours, and to this committee, for
its zeal and devotion to the cause, your Council feel that
especial praise is due. The Bills for rendering the assign-
ment of satisfied terms unnecessary and faciliating the con-
veyance of property, which were founded on their Reports,
have passed into law. The first of these has been accepted
both by the profession and the public as a great improve-
ment. It has removed a source of great delay and expense
(the latter having been calculated as amounting to 200,000/.
a-year), and has done much to simplify the title to land while
its security has been in no way diminished.
By the Acts relating to deeds an effectual blew, as we be-
lieve, has been struck at awarding professional remuneration
according to the length of the instrument, and something
has also been done to shorten particular classes of deeds.
Your Council have also observed with pleasure that the
principle of these Acts has been adopted and recognized by
her Majesty's Government in a Bill introduced in the pre-
sent session for facilitating the granting of leases in Ireland.
These Acts must also he taken as a legislative expression of
opinion, that the profession should exert themselves in every
possible way to cheapen and simplify the necessary dealings
between man and man connected with real property.
This opinion has been subsequently and more emphatically
expressed by the Report of a Select Committee of the House
of Lords on the Burdens upon Laud, a document which has
justly received the greatest attention and is entitled to the
greatest weight, as expressing the unanimous opinion of all
parties in that branch of the Legislature of " the necessity
of a thorough revision of the whole subject of conveyancing,
-and the disuse of the present prolix, expensive, and vexa-
tious system."'
As this opinion was similar to that expressed by this So-
ciety from its commencement, we cannot but consider the
Lords' Report as a remarkable confirmation of our views,
and (we trust we may add without presumption) some proof
of the benefit which has already attended the diffusion of our
reports and proceedings.
Your Council is now watching with great interest the pro-
gress of the " Bill for further facilitating the Conveyance of
Property," which stands for a third reading in the House of
Lords without one dissentient voice having been expressed.
This Bill is a further adoption of the recommendations of
the Society. Your Council also invite attention to the other
reports which have proceeded in the present session from
this Committee, more especially to those " On the Law of
Mortgages," " On the Law of Uses and Trusts," and the
two reports " On the establishment of a General Registry of
Deeds." We believe that in these reports, and in those pre- I
viously submitted to the Society, are to be found sugges-
tions of the utmost importance; and that by following them
out carefully and gradually, the community will be able to
obtain, 1. A more ready mode of investing money on the
mortgage of lands, which will be equally advantageous both
, to the borrower and the lender; 2. The shortening and
cheapening the deeds relating to the transfer of lands; and
3. The simplification of the title to land, and more especially
the reduction of the delay and expense now attending a re-
trospective investigation of title.
We believe that these measures will he a great advantage
to all branches of the puhlic, and more especially to the
landed interest, and the trading and mercantile interest.
We also consider that a great social benefit will be conferred
on the community, if the number of small holders of land
can be increased, and small capitalists be induced to invest
their savings in land. Neither can we possibly believe that
changes which will greatly facilitate all legal dealings with
land, which will bring about a much larger and more rapid
investment of capital in land, which will engage in legal
transactions of this nature a much wider circle of the com-
munity, can in any way injure the legal profession. We
cannot think that the practical exclusion of the great mass
of the people from taking any interest in the transactions of
conveyancing is beneficial to any class, but least of all is it
so to that class whose peculiar business it is to assist and
prepare them. Your Council therefore have the fullest con-
fidence, that in recommending and furthering measures
which improve and simplify the law, and facilitate to the
utmost the alienation of property, they are the true friends
of professional interests. Lawyers for the most part our-
selves, we consider that the maintenance of the profession
of the law in an honourable and prosperous state in all its
branches, is beneficial not only to the lawyer but to his
client. Your Council are desirous that the Society should
act in harmony with the feelings and interests of the pro-
fession; and we believe that these are in this case, as in
most others, identical with those of the community at large.
The Equity Committee is entitled to praise for much as-
siduous attention to the subjects referred to them. They
have presented a report recommending the establishment of
a Court of Tensts, with a view to creating a system of public
Trusts, and Thus superseding the necessity, if parties so
please, of appointing private trustees. Your Council have
reason to suppose that a Bill will be brought in with the
view rather of having the principle of a Public Trustee con-
sidered, than of attempting to pass any measure of this sort
in the present session. This Committee has devoted much
time to the subject of the delays in the Master's offices. The
Committee have anxiously considered this important and
difficult subject, and we look with hope and confidence to
their ultimately suggesting a plan which may remedy this
long admitted grievance.
A useful report from the Common Law Committee for
rendering the law uniform in all cases of actions brought
against persons acting in pursuance of all public Acts of
Parliament, has been received, and a Bill founded on it has
been introduced, andjwill probably become law in the present
session.
The Criminal Law Committee has presented two very
valuable Reports, one of which recommends for adoption the
plan of Captain Maconochie, for the management of trans-
ported and other criminals; and the other reports in favour
of submitting to the jurisdiction of the Petty Sessions an-
aggravated larcenies of small amount. Both these reports
were the fruit of great consideration and discussion ; and we
belive that much benefit in the diffusion of sound informa-
tion has already resulted from them.
Your Council have the satisfaction of stating, that the in-
come of the Society exceeds its present expenditure. We
are desirous that, in conformity with the approved practice
of almost all other Societies, we should endeavour to obtain
as extensive a diffusion as possible of the reports and pro-
ceedings of the Society. Having considered whether we
should establish a separate publication for this purpose, or
avail ourselves of any existing publication, we have come to
the conclusion, that it would be both cheaper and more ad-
vantageous in the first instance to avail ourselves of an
existing publication, if a suitable one could be found willing
to forward the views of the Society. We have now much
pleasure in announcing, that we have been able to make an
arrangement with the publishers of the Law Review, (which
has from its commencement promoted objects similar to those
of the Society,) by means of which the reports and proceed-
ings of the Society will be regularly published, and a more
permanent record of the proceegedneintegdesnwot,fitthh
teheSwLa.wety
members
be ob-
tained.
of the
e Accordinghenctortth behis prarraensinSoonm Society will henceforth
commencing with the current volume of that work. Our
present resources have enabled us to do this. But the larger
the funds are which are placed at our disposal, the more shall
we be enabled, by the diffusion of sound information, to pro-
mote the objects of the Society.
In conclusion, your Council think that the present position
of the Society is a subject of high congratulation; that
reasonably
progress has been as rapid as the most sanguine could
labours ;
expected ; that its members m
and useful continuance of its
has already affected We wish particu-
broad foundation for effecting much a iTn l dependm ust
larly to impress on the Socieatnyks, thoeft ttiehies3m:usntgm.
on the accession to much pertnaneonre.tangodaoyd,di'aaontpdethhfeoarsal Societyl
iodn ga
nabolfe
allto pgrrojeeactt
a;
nadnudsteofutlheir
under-
takings. ncaercryes-soauryt wfohratthwe
dustry and energy the Council look chiefly for the labour
aJußneepolirtth:pl.B4x6ii.i.
21, Regent-street,
ecoomnlpoyal completion areior

NATIONAL EDUCATION IN
IRELAND.

The report of the Commissioners of National Education in
Ireland for the year 1845 has just been published as a Par..
liamentary blue book, extending, with an appendix, to 127
folio pages. The Commissioners express their acknowledg-
ments for the charter of incorporation whi,ol her Majesty
granted to them last year, through which they have effected
an important improvement in the pla,n originally adopted,
which was for having national school-houses, built by aid
from the public, so conveyed to trustees as to be secured For
the purpose of national education according to the existing
national system. At the commencement ()Nast year the
Commissioners had under their control 3,153 schools, which
were attended by 395,550 children. At the close of the year
the schools had increased to 3,426, and the children in at-
tendance numbered 432,844. The Commissioners have
undertaken to make grants towards the building of 276
school-houses, which are not yet completed, and which
when the whole are finished and opened, are expected to
be attended by about 27,172 additional children. The
schools in connexion with the Commissioners on the 31st
of December last included those founded by the guardians
of the poor a 90 unions, and the whole of the unions then