The Sun.
London, England, 1851-06-19 00:00:00

YAIt,LIA.

EVEN ING,

SOCIETY FOR PROMOTING THE
AMENDMENT OF THE LAW.
The annual meeting of the friends of this society was
held yesterday afternocn, at the rooms, 21, Aegent-
street; Lord Brougham in the cbait.
Among the gentlemen present were the Earl of Ilar-
rowby, Lord Beaumont, Mr. Hume, M.P., Mr. Ewart,
M.P., Mr. W. Hawes; Mr. Bothell, Mr. James Stuart,
Mr. Commissioner Phillips, Mr. Commissioner Fane,
Mr. Lowe, Sze.
The Noble CHAIRMAN opened the proceedilgs by
reading the report of the committee for the pa4t year.
The length of the document prevents its insertion en-
tire, and we therefore give the following extracts :
" Your council, with a view of introducing a system
by which cheap and speedy execution of justice could
be obtained, has not hesitated to promote the es;ablish-
meat and to endeavour to extend the jurisdiction of the
county courts.
" Those institutions have not only been the instru-
ments of good, but they are destined to work a great
change in the administration of the law. Those courts
have already established themse!ves in the affections of
the people by the prompt, cheep, and effeetivejustice
there administered, and the council have gladly ap-
pointed a committee to co-operate with their friends in
both Houses of Parliament, to consider in what manner
their jurisdiction may be enlarged in equity as well as in
law, and to assist the object fro which they were estab-
lished. Not only will they be rendered more effective,
but they will be the means by which a reform of the su-
perior courts will be slowly ani certainly established.
" The procedure of the superior courts has engaged
much of the attention, first o the common law com-
mittee, and next of the special committee appointed to
inquire whether the principles cf law and equiy can be
administered in the same court tad by the sane form of
procedure. It is quite possible that in the course of
the investigations of the society this subject would have
presented itself for investigation but the immediate oc-
casion of the appointment of the committee was the visit
of Mr. D. D. Field from Ametica to this country in
autumn last. It had been previously known that in the
State of New York, upon the mommendation of a com-
mission appointed for that pureese by the Legislature,
the common law and equity weie no longer administered
in district courts, but that tie judges were intrusted
with the remedies of both comes to enable them to do
justice to the suitors This reform of the law the coun-
cil considered as highly interesting, and they invited Mr.
Field, who was one of the conrciissioners, to give the
society an account of it; with vhich request he readily
complied.
" The information thus given was so striking and so
important to the council, that i; demanded their utmost
care and attention. They appeinted the special com-
mittee alluded to to consider the whole subject, and
they also instituted an inqury in America as to the
operation of the Now York Cide. In this they wers
assisted by Mr. Lawrence, the Ambassador from the
United States, who kindly undertook to forward the
questions framed by the committee for the purpose of
eliciting answers from persons tie best qualified to give
sound and impartial opinions. The council have con-
tinued to receive from many sources information on this
subject, and a body of the most valuable evidence
has been collected, the result of which is that the
council now state their opinion to be that this reform
has been eminently successful. Eleven of the judges
of the superior courts of the State of New York
have expressed these sentiments—one of them personally
at a meeting of the society on the 14th of April; and
although that has not been confirmed by the unanimous
opinion of the profession in that State, yet the council
believe that the large majority of the bar of New York,
as well in number as in talent and eminence, have ex-
pressed a clear and unhesitating opinion in favour of the
change. To this it should be added that the public have
given their concurrence to it, antno better proof can be
given than its adoption by many of the most intelligent
States of the Union, in which it has been carried by ac-
clamation. The distinction between common law and
equity will not exist much longer in the United States.
But the council would ask, how long will the distinction
exist in this country? In many of her colonial depen-
dencies it could not longer endure. In the most impor-
tant dependency of the Crown the Chief Justice has, in
a private letter to the president of the society, declared
that he should be very glad to adopt the system, which
he thinks simple and practical. This is confirmed in
stronger terms in another communication to a Member
of the Senate, in which it is stated that this amalgama-
tion is a panacea for most of the defects of equity proce-
dure.' This opinion comes from India. It is gaining
ground in British North America, and even in England
and Ireland the legislation of the present session has
gone in some way toward it by increasing the jurisdic-
non of the county courts. In Scotland the distinction
never existed; and the committee have come to the con-
clusion that justice, whether legal or equitable, may be with
advantage administered in the same court, and that all liti-
gation may be subjected to the same form of procedure;
and the committee are prepared to support this opinion
by the outlines of an act of procedure. The council ex-
press their regret that there is no department in the
State charged with the consideration and preparation of
measures so important to the welfare of the suitors. The
committee, as the result of their labours and inquiries,
have also come to the conclusion that they would re-
commend the evidence of the parties to a suit being
taken in furtherance of justice. With regard to the
subject of the patent laws some progress has been made
towards a proper solution of the question. It was pro-
posed last year to establish law schools, but the council
have been impeded in doing this by the want of funds;
but they have reason to believe that the schools would
be opened in November next, and they trust that the
public would aid them in the accomplishment of so im-
portant an object."
The conclusion of the report consisted in an acknow-
ledgment by the council of the efficiency of the com-
mittee, and the expression of a hope that their exertions
to cheapen and simplify the administration of justice
would be successful.
After the reading of the report,
Lord BROUGHAM said that it was usual for the chair-
man to address the meeting after the report, but he
should wish on this occasion to be excused, both on ac-
count of ill-health and the fatigue consequent upon
reading the very long document which they had just
heard. In lieu of an address, however, he proposed to
read two quotations from different documents. The
first, a most important one, was from a letter from his
revered and most learned as well as noble friend, the
late Lord Chief Justice of England. Lord Denman, which
he had received in the course of a correspondence on
the subject of the Evidence Bill and the County Court
system. The second qotation was from a most popular
work. The extract from Lord Denman's letter was as
follows:—" I take the fact to be clear that the people
must prefer the county courts to the common law courts
Tho proof of this fact is, that the former tribunals
swarm with suitors, while the latter are deserted (com-
paratively). Another fact of a more general nature is
the destitution of the bar, the ruin of many now in busi-
ness, and the disappointment of many more in their just
expectations, and, finally, the annihilation of a most
valuable class of society as it has existed for the advan-
tage of the public. If the interest of the bar comes in
competition with that of the public, there cannot be one
moment's hesitation as to which must be sacrificed.
Neither they nor any other set of men have any vested
right in misgovernment or maladministration; they have
no privilege to defeat, or even to delay for a single hour,
a well concerted improvement. Could we suppose the
legal system so perfect, so justly appreciated, that all
persons would spontaneously act right upon all occa-
sions from knowing that otherwise the law would force
them promptly to do so—a blessing ascribed by Horace
to the rule of Augustus, the barrister must then turn
his power to some other account, nor breathe a mur-
mur, nor ask a farthing of compensation, still less de-
mand the restoration of the bad old system. But a
State that should make one of its tribunals cheap and
efficient, while it condemned the other to a dilatory and
expensive course of procedure and trial, would be deemed
doubly impolitic and regardless of the popular welfare—
first, in not placing both upon the most favourable foot-
ing for the attainment of justice, and, secondly, for
causing any reduction in the learned men who formerly
practised in the court now so fatally eclipsed, and who
formed a body capable of effectual resistance to oppres-
sion and of guarding the rights of all. I might dwell
upon the value of the bar in a collateral respect, in the
service of the public departments, in the various relations
of private society, and as furnishing a constant succes-
sion of gentlemen competent to fulfil the judicial func-
tion through all its range up to the most arduous and
elevated seat of justice. The education and habits of the
bar have formed the present judges of our common law
courts, as well as recorders and other presidents of jus-
tice in our local jurisdictions. The fact of an increasing
favour for the courts of the inferior jurisdiction, at the
expense of the superior, is not merely to be traced to
the power of examining parties to their own causes:
there is a still more operative, because a grosser and
more palpable, cause for the same notorious event—the
enormous costs imposed on the suitor in the superior
courts. Can we expect a sane man to resort to a court
which refuses to hear him and his adversary, though
positively they may be the only two persons in the
world who know the truth, and which makes him pay
an enormous amount for admission into its precincts,
when there is another court, close at hand and always
sitting, in which he may
state his own case as he under-
stands it, where he may call his adversary to declare the
whole merits of the disputed transaction, and, finally,
recover his own at one twentieth part of the cost? The
evil points out its own remedy; if we are right in our
premises, and suitors keep aloof from courts of unim-
peachable knowledge and integrity because they are ex-
clusive and expensive, the conclusion is obvious. Make
them open to receive information from all, cheap enough
to be acceptable to all, and the same amount of business
will be found to flock thither as was seen before this un-
expected and novel rivalry created by the Legislature.
I cannot help feeling sanguine in my own opinion as to
the success of your great measure for receiving the evi-
dence of parties; for, looking to the names and the
character of the Commissioners for inquiring into the
practice of pleading, I fully anticipate such a reform of
abuses—such a sweeping abolition of fiction and verbi-
age—those pets of English lawyers—and the establish-
ment of such a natural and intelligible course of proce-
dure in our courts as will be satisfactory to the public
and conducive to the honour and interest of the , pro-
fession." His learned and lamented friend in refer-
ring to the measure as his (Lord Brougham's) had not
done himself justice, as the measure was his own, and
was a corollary upon his Act of 1842. The second ex-
trace to which he should refc r showed strongly the in-
jurious effects of an unjust and incomplete judicial sys-
tem. The writer, speaking of France, said, " The
people having borne their load so long that it was sup-
posed that they never could form the wish, much less
even possess the power, to shake it off, all opportunity
of removing their grievances and gaining their good-will
was habitually neglected. What, if given in time, would
have more than contented all parties was withheld until
nothing that could be safely ordered could satisfy any;
and the whole system which, with timely xefgrintitio)

would have itustalned KTIcl improved into a solid scheme
of useful polity was suddenly swept away—King, nobles,
feudal rights, and financial exactions, clerical power, and
judicial institutions—all the good and all the evil that
has been accumulating for fourteen centuries —a sad
spectacle to the observer, but a useful lesson to those
who, from fear of change, resist all improvements and
deem it safer to encounter the risk of revolution than
submit to the necessity of reform." He begged to thank
them for the attention with which they had listened to
him, and to assure them of his deep interest in the pro-
gress of the society.
Lord BEAUMONT moved, and Mr. HusrE briefly se-
conded, the adoption of the report. Both gentlemen de-
clared their warm interest in the proceedings of the
society, and their earnest desire to see a speedy but judi-
cious reform in our present imperfect system.
Mr. BETHELL moved the second resolution—
" That this society considers it highly desirable that
a school of law and jurisprudence should be formed in
connexion with it."
One of the great evils in our present legal system was
its division into so many classes, each distinct from the
other. There was civil law, criminal law, the law of
equity, and ecclesiastical law, and each of these required
the attention and skill of a distinct class of persons.
Law students at present were rarely instructed in that
liberal knowledge of jurisprudence and comprehensive
system which formed the basis of all law. Their ideas
were narrowed, and it was even preferred by attorneysand
solicitors that counsel should have a good practical
knowledge of one branch rather than a general and com-
prehensive understanding of the whole. He thought
that schools and lectures in connexion with the society
were most desirable. They would raise the character
of the law student, besides conferring a benefit on society
at large.
Mr. LOWE seconded this resolution, which was also
agreed to.
The Earl of HAttrtowßY also addressed the meeting,
as did several other gentlemen, in support of resolutions
advocating various reforms of the law.
The annual election of officers then took plane, and
after the usual compliment to the Chairman the meeting
separated.

ROYAL CALEDONIAN ASYLUM.
The thirty-fourth anniversary of this excellent society
was held yesterday, at the Freemasons' Tavern, Great-
Queen-street, where a sumptuous dinner was provided.
In the absence of the Duke of Buccleuch, who had
been announced in the tickets of invitation as the chair-
man, the Right Hon. Lord Kinnaird kindly took the
chair.
Among the company present we observed Colonel Sir
Duncan M'Dougall, Sir John H. Maxwell, Bart., Lieut.-
Colonel T. Matheson, M.P., Captain 11. H. Maxwell,
Captain Charles Forbes, J. G. Lockhart, Esq., ALP.,
George Bain, Esq., &c. We regretted to find that the
party was not so numerous as on former occasions.
The musical arrangements were under the direction
of Mr. G. F. Taylor, assisted by Miss Wells, Miss J.
Wells, Mr. Godden, and Mr. Farquharson Smith.
The grace having been sung on the removal of the
cloth, the usual toasts followed.
The CHAIRMAN, in proposing the health of his Royal
Highness Prince Albert, intimated that his Royal High-
ness had consented to become president of the society.
Sir D. M'DOEGALL and Sir J. H. MAXWELL returned
thanks respectively for the Army and Navy.
The Noble CHAIRMAN next proposed " The health of
his Grace the Duke of Buccleuch, their president," in
highly complimentary terms.
The children, whose appearance excited universal ad-
miration, and who were preceded by the Mackay, her
Majesty's piper, were paraded before the company. The
boys numbered 67, and the girls 50.
The CHAIRMAN then proposed the toast of the even-
ing, namely, " Prosperity to the institution," remarking
that the best appeal he could make in its behalf was by
pointing to the healthy, robust, and happy looks of the
children around them. He, however, felt it necessary to
state a few of the reasons why the directors now ear-
nestly appealed to the company and the public for
support. He really did think that when it was
remembered that they were bringing up in a
sound moral, religious education so many of the youth
who were connected with their country, at all events no
Scotchman could refuse to contribute to its support;
while when they considered that the institution had been
the means of educating many of those who had fought
the battles of this country, no Englishman who had it
in his power could reasonably object to do the same
thing.—(Cheers.) The institution, ho was sorry to say,
was considerably in arrear, which he thought had
arisen, as was very often the case in charities of
this nature, from the circumstance of the managers
having forgotten themselves at a period when
the asylum was in the midst of great pros-
perity. He therefore regretted to say that the in-
stitution was not in so flourishing a condition as he could
desire. The directors, in the height of their prosperity,
had devoted more care and expense to providing house
accommodation for the children than to promoting their
education. In fact, there had been a larger number of
children collected in the asylum than they were fairly
able to support, and ho believed much of their difficul-
ties could be directly traced to that cause, because he
was happy to say that the annual income of the institu-
tion had not fallen off, but remained as large as it was
in former years.—(Hear, hear.) It could not be denied
that hitherto they had 'been keeping up an establish-
ment that was too expensive for their means, but last
year the directors vigorously addressed them to reform-
ing the management, and a most able re-
port was drawn up by certain members, includ-
ing the Chisholm, which recommended that
greater economy should be exercised in the arrange-
ments of the asylum.—(Hear, hear.) He was rejoiced
to say that the recommendation had been most fully
carried out, and up to the present time there had been a
saving of somewhere about 7001. a year, which at the
end of the current year they confidently hoped would be
increased to 9001.—(Cheers.) They had been able to
effect that saving without reducing the number of chil-
dren, and he was satisfied that, in the end, it would turn
out that their difficulties hod only been of a temporary
character.—(llear, hear.) They must all put the
shoulder to the wheel again, and strive to attain addi-
tional support, as he had already done in the City.—
(Hear, hear.) They must not confine their energies to
Scotland, but extend them also to this country, and ul-
timately, he felt convinced that the institution would
once more be restored to a state of prosperity.—(Hear,
bear.) With these few remarks, he would give them
" Prosperity to the Caledonian Schools."—(Cheers.)
The toast was drunk with most enthusiastic applause.
Other toasts having been given and responded to, it
was announced that the subscriptions for the evening
amounted to nearly 5001., including donations from his
Grace the Duke of Buccleuch of 100 guineas, the friends
of Sir J. 11. Maxwell of 481., the chairman (Lord Kin-
naird) of 10 guineas, and from Mr. Lockhart, Captain
Forbes, and Sir George Clerk, of 10 guineas each.
The Queen's piper and the juvenile band of the society
were in attendance, and at intervals played several
spirit-stirring pibrochs and reels; whilst the two Misses
Wells, Mr. G. F. Taylor, Mr. Godden, and Mr. Far-
quharson Smith, delighted the audience with the pretty
glees, songs, and ballads which they sang in the course of
the evening. The spirited style in which Miss 11. Wells
sang " Bonnie Dundee" awoke to enthusiasm the patriot
feelings of the Scottish portion of the audience, and she
was loudly encored. The touching Scottish song of
" What's a' the steer, kimmer" was sung with equal
taste by the two sisters.
The company separated about twelve o'clock.

---
THE GREAT EXHIBITION.
The receipts at the Crystal Palace yesterday fe,
somewhat short of the amount taken on Tuesday, buy
2,8971. 7s. is a largo sum to collect from ls. contribu-
tions, and the police returns give 62,663 as the num-
bers that entered the building. Had it not been for the
unfavourable state of the weather during the-latter part
of the day, we should no doubt have had to record a
still greater result. A rather serious accident took place
in the machinery department, one of the attendants en-
gaged in the working of a brick-making machine having
had his arm caught in it while in motion and badly
fractured in two places. Through the liberality of the
Lord Mayor and Court of Aldermen 60 of the children
of Emanuel Hospital, Westminster, have been
enabled to visit the Exhibition. Such examples as this
case and that of the London Orphan Asylum, men-
tioned yesterday, present are highly worthy of imita-
tion, and it is to be hoped that before the Crystal Palace
closes the children of all our great public charities will
have had an opportunity afforded them of examining
with the quick perceptions of youth a scene so instruc-
tive. The Royal Commission, the Executive Committee,
Messrs. Fox and Henderson, Mr. Paxton, the Foreign
Commissioners, the foreign jurors, and, in fact, all con-
nected with the origin, the progress, the completion, and
the success of the Great Exhidition, go down to Bir-
mingham to-day to partake of the hospitality and to
survey the chief manufacturing establishments of that
important town.
The arrivals were as follows:
From 10 to 11 o'clock 18,637
From 11 to 12
From 12 to 1
From 1 to 2
From 2 to 3
From 3 to 4
From 4 to 5

Total to 5 o'clock ........................... 61,895
From sto 6 o'clock .......... . ............. 1,105

Total number of visitors about... 63,000
The number doubtless would have been greater but
for a chilly rain which began to fall in the middle of the
day. The visitors were of the same class as usual—
rather the middle than the working class. There were
several large charity schools present.
It appears that the vast concourse of visitors on shil-
ling days does not at all prevent the resort of season-
ticket holders and others of the higher classes. Yester-
day we observed the Dowager Countess of Carlisle, Lord
and Lady Cranworth, the Earl and Countess of Rosse,
Lord Sudeley, the Earl of Chichester, Lord Hopetoun,
and many others of similar position,
The amount taken during the day was
£l9 19 0
For season tickets .............
At the doors ................ ..... 2,897 7 0

Total receipts .......
Amount previouily received

Total receipts up to yesterday £234,592 3 0

TERRIFIC STORM.—The Mad River Valley (Ohio)
Gazette records the particulars of
.a great bail-storm which
swept over that region a few days since. Stones fell the size
of the common mineral door knob, some spheroidal, others
bad the appearance of jagged ice. Lambs and poultry were
killed wherever exposed. The cattle ran around frantic and
bellowing their hides being severely lacerated by the hail-
stones. One hailstone which was found weighed four and a
half ounce!! !