The Sun.
London, England, 1851-07-14 00:00:00

J VLY l4, 1851.

LAW IMPROVEMENTS.

The Common-law Commissioners have at length fired
their first shot, which has fallen like a shrapnel shell
among the antiquated forms and absurd technicalities
of Practice acid Pleading. Alias and pluries writs, writs
of distringas and process of outlawry, special demurrers
and forms of action, proferts and oyers, express colour
and special,traverses, general issues by statute, legal fic-
tions, signatures of counsel and rules to compute—these
are some of the mischievous subtleties in which quaint
old legal coxcombs have hitherto revelled, but which are
now doomed to a speedy and ignominious extinction.
The leguleius quidam cautus et acutus: praco actionurn,
cautor lormularum,auceps syllabus um—in one word, the
pettifogger—will doubtless mourn over these inno-
cents, like Rachel over her children, because they
are not. The Lord Chancellor, advised by his friends
the attorneys, will, of course, utter a touch-
ing Jeremiad, and will expatiate upon the danger of
entrusting the amendment of the law, " of which he
was the staunch advocate long before it was the fashion
to be so," to the ,‘ rash hands" of such men as the
Commissioners, Mr. Baron Parke, too, will assuredly
put in a special demurrer to some of the propositions
contained in the report, and will then fancy that the
Legislature, like the Court of Exchequer, will be content
to give judment in this suit of Common Sense v. Com-
mon Law on some formal point which is wholly beside
the substantial merits. Interest and ignorance, and
obstinacy and indifference, will each and all use their
small endeavours to defeat, or at least to diminish and
delay, the threatened reform. But still it must come.
The public are determined to have it, and the Com-
missi( ners have pointed out in what way it can be ac-
complished.
Nay, they have done more; for, not content with care-
fully remodelling their former " Suggestions," they have,
in an admirable report of sixty-six pages, explained the
nature and extent of the evils which they seek to re-
medy, and shown in detail the foundations on which
their recommendations rest. Moreover, all this informs.
tionis conveyed in plain, straightforward, and manly lan-
guage, which, being equally intelligible to the nonpro-
fessional and to the professional reader, will enable every
one to judge for himself how far the changes proposed
are likely to be productive of good. This is precisely
what we want. The physician who prescribes pure water
as " agua distillate"—the haberdasher who, eschewing
plain figures, marks his goods with an "n. w." or
an ".r. y."—and the lawyer who conceals his meaning
under the guise of a technical jargon—may respectively
humbug the patient, the customer, and the client, and they
will be suspected of doing so, even though they are ac-
tuated by the purest motives. It is, therefore, obvious
that the Commissioners, in condescending to ,translate
the technical terms of law into ordinary English, have
taken a very wise step; for they have not cnly enabled
laymen to comprehend their meaning, but they have
secured a feeling of confidence towards themselves,
which would certainly have been, in a great measure,
withheld bad their report been clothed in mere legal
phraseology.
The importance of thus gaining the confidence of the
public will be more fully appreciated when it is under-
stood that the report already presented by the Commis-
sioners embraces only a small portion of the subjects
referred to their consideration. The Commission,
which was issued on the 13th of May, 1850, directed
an inquiry " into the process, practice, and system of
pleading of the Superior Courts of Law at Westminster;
the manner of conducting suits and other proceedings in
such courts and on the circuits, and the costs, charges,
and expenses incidental thereto; the practice of the
Judges' Chambers, and the duties of the several officers,
clerks, and other persons of and connected with such
courts, circuits, and Judges' Chambers.". This, it will
be seen, opened up a vast field of investigation, and we
think that the Commissioners have exercised a vary
sound discretion in confining their attention, for the '
present, to the ordinary proceedings in an action
at law ; but we confess that we should have '

felt better pleased had their report included
all such proceedings. It was very judicious to
reserve for future consideration the law relating

to quo warrantos, mandamuses, informations, motions,
affidavits, costs, and a variety of other miscellaneous
matters; but it is not easy to perceive why the Report
should be wholly silent on the subject of venue, of judg-
ments as in case of a nonsuit, of the proceedings at nisi
prius, and, above all, of the law of evidence. The omis-
sion of this last subject is, indeed, of less importance, as
Lord Brougham's Evidence Bill—which has passed the
Upper House with the hearty approval of the best
lawyers in it, and which, under the auspices of the At-
torney-General, has already been read a second time in
the Commons—will unquestionably go far towards
curing the most flagrant defects in our system of legal
proof; but still there are several matters respeotibg
the law of evidence, not touched by that Bill,
which require amendment, and which might advan-
tageously have been discussed and determined
upon by the Commissioners. However, we have
no wish to canvass in a hypercritical spirit a report
which so justly deserves praise, and we readily accept it
as a most valuable instalment. We cordially concur in
the opinion expressed by Lord Campbell, when he de-
clared in the House of Lords, on Monday last, " that
the-report reflected the highest credit upon the Commis-
sioners, to whom the country was under the greatest obli-
gation for their valuable and gratuitous services."
Notwithstanding our hearty assent to this well-
deserved eulogium, we will not disguise the fact
that we still entertain doubts as to the feasibility of
dovetailing the new and the old law, so as to make
the one consistent with the other, and both intelli-
gible; and we should infinitely have preferred a
scheme of amendment resting on the solid basis of au
entire new code of procedure. Nay, we believe that
the proposal fur fusing law and equity, which has re-
cently emanated from the Law Amendment Society,
and which is rapidly attracting the attention that it
deserves, is a safe, practicable, and most salutary plan ;
and we are, of course, aware that, if it should ulti-
mately be regarded in that light by the country, much of
the labour of the Commissioners in preparing their pre-
sent report will prove to have been needlessly bestowed.
Still, no one can doubt that both these prop3sals—em-
bracing as they do comprehensive and fundamental
changes—are little likely to challenge immediate assent;
and we therefore hail with satisfaction the recommenda-

tions'of the Commissioners, which, at least as a provi-
sional scheme, will remedy some of the most flagrant
evils with which suitors are now oppressed—whilst, in
the event of the other more enlightened and adventurous
measures falling, they will lay the foundation for several
important improvements in the judicature of the country.
—Chronicle.

ROYAL AGRICULTURAL SOCIETY'S
CATTLE SHOW.
WINDSOR, SUNDAY,—The annual meeting of the
Royal Agricultural Society, which was intended at one
time to have been held in Hyde Park, adjoining the
Great Exhibition, but which, by the gracious permission
of her Majesty, has been removed to the Home Park of
Windsor, commences to-morrow. During Friday and
Saturday the cattle were introduced into their places in
the show-yard, and on Saturday evening the last of
them had arrived. The judges begin their labours of
exeming the stock and awarding the prizes at nine
o'clock to-morrow morning ; and it is understood that
her Majesty and Prince Albert, who came down to
the Castle last night, will visit the show-yard in the
course of the day. In the course of the afternoon,
when the judges have delivered in all their awards,
the public will be admitted on payment of a fee of
10s. each—members of council and governors of the
Society fur 2s, 6d. On Tuesday the show-yard will
be opened at a charge of ss. each. On Wednes-
day the price of admission will be reduced to
2.1. 6d. ; and at four o'clock in the afternoon the
great annual dinner will take place in the pavilion
which has barn erected for the purpose, and which is
capable of accommodating 2,000 persons. Ou Thurs-
day the price of admission will be reduced to Is., and iu
the evening the stuck will be removed. On Friday the
general meeting of the members, in the Guildhall of
Windsor, will clusis the proceedings, as far as the society
is directly concerned; but it is understood that the local
committee mean to celebrate the occasion by giving a
dinner to the agricultural labourers iu the neighbour-
hood, to the number of 1,000.

THE GREAT CHESS TOURNAMENT. - The first
prize in this very interesting contest of skill is decided
against England, Herr Anderssen having succeeded in de-
feating his fourth antagonist, Mr. Wyvill, These gentlemen
played seven games, of which Herr Anderssen wvo four, Mr.
Wyvill two, and one was drawn. Messrs. Staunton and
Williams have played twice since our last notice, on both
of which occasions Mr. Williams was successful. The
score is now three to three, consequently the next game
will decide their respective position among the players,
unless the game should be drawn. They are to play again
on Wednesday. The tournament will then be at an end,
except as regards the relative position of Messrs. Horwitz
and Mucklow, who have still to play. There is still to
take place a game by consultation, three players on each
side, and it is rumoured that Mr. Staunton will avail him-
self of the clause in the articles, which entitles any player
to challenge the winner of the first prize to play a match of
15 or 21 games for a hundred guineas.

BURGLARY AND ROBBERY or 3,000/.—On Satur-
day, at the Ipswich Quarter Sessions, three well-dressed men,
named Davis, Hodson, and Griffiths, were indicted for bur-
glarioualy entering the counting-house of Mr. Fison, of the
steam flour-mills, and stealing therefrom an iron chest
monies and securities, amounting in value to 3,00 W. The
prisoners succeeded in forcing out the safe with an iron bar,
and had put it in a sack preparatory to its being placed in a
cart which the prisoners had with them, but the sudden
appearance of a labourer who slept in the mills caused then?
to make a precipitate retreat, and springing into the cart
drove off at a furious speed along the - London-road. The
sack and safe were found near the counting-house. The
police immediately worked the telegraph, and about four
o'clock the following morning the defendants were captured
by by Mr. Witham. All the prisoners were found gailkrstte
the Recorder sentenced them to be transported bey “
°n
seas for ten years. The doom of the prisoners seemed to
have a marvellous effect upon many of the fraternity who
were in court.
THE FOREIGN SECRETARY.—ViScoUnt and Vis-
on
countess Palmerston gave a magnificent entertainment
Carlton-gardens, to
Saturday evening, at their mansion in,
Gloucester, and a d' is-
her Royal Highness the Duchess of
included his Royal
tinguished circle of guests honoured with invitations to meet
company l2i $ Serene Highness
the illustrious Princess. The
Duke of Wel-
lington,Highness the Duke of Cambridge,
, his Grace th
MarchionessWeimar,
of Weestmitister, the
Prince Edward of Saxe
and he Earl of Westmneland, the
the Marquis
and Countess of Jersey and Lady
Marchioness of Ailesbury,
Earl of Wilton, the Earl
Clementine Villiers,Countess of Shaftesbury
Hon. F. rteris, Mr. and Lady Ann
theF.ECht a and
Viscount Jocelyn. Georgians Bathurst and Colonel the
Anne
Charteri& The Lady
Hon. Augustus Lidoell were in attendance upon the Duchess
hd Ca tai
of Gloucester, a I) n the Hon. James Macdonald at-
tended the Duke of Cambridge. After the banquet the
ten .
visountess bad an assembly,
, anfashionably attended.
Noblewhich was very *d fashionab
IMPORTANT TO CLlEMlsTB.—Chemists should,
without delay, possess themselves of the recent Act.ot Par-
lismet, and the register necessary to be kept, relative to the
ult 0 wig%