The Sun.
London, England, 1860-10-23 00:00:00

Sayings' Banks. Having Been to these miscellaneous mat-
ters, of more or less interest and importance to all, or many
classes of the community, the Legislature must now be con-
templated, finally, es engaged in the sacred duty of im-
proving the administration of justice. For this purpose we
shall [see [her visiting every department, civil, criminal,
cede,iastioal: supplying :defects, correcting abuses, and
cautiously extending useful improvements. First of all,
increased faoilities are given, by c. 144, for working the
machinery of the recently constructed Court for Divorce
and Matrimonial Causes. The main feature is seen in the
first section enabling the Judge Ordinary (one of the most
distinguished of my predecessors in this court) to exercise
powers now vested in the all court. Other important pro-
visions are contained in the act, which, however, is ex-
pressly limited to the 31st July, 1862, "and no longer?'
Secondly, c. 32 abolishes the jurisdiction of the ecclesiastical
courts in Ireland, in cases of defamation (as had previously
teen done in England), and in England and Ireland in cer-
tain cases of brawling. The second section inflicts a penalty
not exceeding £5, or, in the discretion of the justices, im-
prisons- ent not exceeding two months, on any one convicted
before tkvn justices of the peace, of riotous, violent, or in-
decent bei.a -four in any place of worship, whether during
the celebratiel of divine service, or at any other time-7

or in any chmohyard or burial ground—or who shall
molest, let, disturb, vex., trouble, disquiet, or misuse
any duly authorised preacher, or any clergyman cele-
brating any divine service. Then the Legislature casts
its eye on the Court of Chancery ; and first, by c. 12S,
enables its judges to carry into effect the recommenda-
tions and suggestions of the commissioners appointed
under the great seal in the last year, to inquire into the
mode of taking evidence in that court, and its effects.
The judges are 'empowered to do so by general rules and

orders, which, however, must be laid before Parliament.
Secondly, by c. 149, very considerate and humane

regulations are made in favour of persons imprisoned
for contempt of the Court of Chancery, and cf pauper defen-
dants—whoso interests are solicitously provided for—while
arrangements are made also to secure the more efficient de-
spatch of business these courts. Thirdly, c. 33, entitled
" An act to further amend the law of property," contains
a short series of enactments, having for their object to pro-
tect the interests of purchasers and mortgagees of estates of
every description, in respect of executions and judgments.
The nature of these enactments is already, no doubt, fami-
liar to tho lawyers, and I have not time to explain it hero.
Fourthly, c. 83 extends to the Court of Chancery in Ire-
land the benefits of stat. 18 and 19 Vic., c. 43—which
enables infants, with the approbation of the Court of Chan-
cery, to make binding settlements of their property on mar-
riage. Doubts had been entertained, but are dissipated by
this act, whether the former act extended to the Irish Court
of Chancery. Fifthly, c 145 appears to me to have for its
object the saving expense to the public, in cases in which
trustees, mortgagees, and others are concerned, by giving
them the benefit of powers and• provisions usually inserted
formally in the conveyances, without that being any longer
done in fact. Such powers are henceforth to be considered
as incident, and tacitly annexed, to such transactions and
instruments. This is in the spirit of several recent enact-
ments, and all in favour of the public. Transferring its re-
gards, for a moment, to the comman law courts, in their
civil character, so to speak, four acts are passed by the Le-
gislature. First, c. 115 simplifies and amends the practice:as
to the entry of satisfaction on Crown debts, and on judg-
ments. Secondly, c. 147, in order to remove existing doubts,
extends to debtors actually in custody the rights of petition-
ing conferred by stat. 7 and 8 Vic., c. 70, on debtors not in
custody. Thirdly, c. 60 carefully meets the case of an un•
fortunate inmate of the Queen's Prison becoming insane,
and remaining so, after having become entitled to discharge
from custody. Hero also may bo noticed, fourthly, c.
75, an act to make better provision for the custody and
care of criminal lunatics : empowering her Majesty to ap-

point au asylum for criminal lunatics, and investing the
Secretary of State with carefully-defined jurisdiction over
such cases. Lastly, c. 126, entitled " for the further amend-
ment of the process, practice, and mode of pleading in, and
enlarging the jurisdiction of the superior courts of common
law." Steps in the direction of that fusion (as it is called)
of law and equity, of which you may have heard, and of
which we lawyers have heard, and are destined to hear, a
great deal; the object being to give a suitor complete re-
dress in that one court to which he may think fit to appeal
for it, instead of sending him backward■ and forwards
from one court to another, exposing him thereby need-
lessly to vexation, oppression, and injustice. I now
come to an important act, c. 34, applicable alike to the
superior courts of la., and equity, entitled "An act to
amend the law relating to petitions of right, to simplify the
proceedings, and make provisions for the costs thereof."
This brief, bold, and just act enables the subject, observing
due decorum, to institute legal proceedings against the
Sovereign, in her public and private capacity, with all the
substantial incidents attached by law to proceedings be-
tween subject and subject. I wish I had—but I have not
—time to explain the leading provisions of this statute.
Finally, wo see the eye of the legislature cast sadly on the
gloomy criminal quarter of our jurisprudence. But I have
only three short acts to bring under your notice, in addi-
tion to that already glanced at, concerning criminal luna-
tics. First, c. 122, to put an end to doubts on the subject,
enables the legislatures of our foreign possessions to make
enactments similar to that of stst. 9, Geo. IV., c. 31, by
which the felonious act occasioning death can be tried and
punished in the country or place in England where the
act occurred, although the death took place at sea or
out of England. Secondly, c. 29 declares guilty of
felony persons maliciously injuring, with intent to
destroy or render useless,—or who may stop, obstruct,
or hinder tho working of—any steam or other engine, or
any appliance or apparatus in connection therewith, for
sinking, draining, or working any mine, or in any wise as-
sisting in the working thereof. Lastly, c. B—one of the ear-
liest of the session—is an important addition to our criminal
enactments. Reciting that " the existing law had been
found insufficient to protect persons from the unlawful ad-
ministering of poison, except where the intent was to com-
mit murder," it proceeds by section 15 to subject to penal
servitude not exceeding ten nor fewer than three years, or
imprisonment not more than three years—with or without
hard labour—any person unlawfully and maliciously admi-
nistering, or causing to be administered to or taken by any
other person, any poison or other destructive or noxious
thing, so as thereby to endanger life or inflict any grievous
bodily harm. By the second section the doing so, with in-
tent to injure, aggrieve, or annoy any person, is declared a
misdemeanour, punishable with or without hard labour for
any period not exceeding three years. By the third and last
section, if a jury be,,not satisfied as to the prisoner being
guilty of felony under section let, on an indictment charg-
ing it, they may find him guilty of the misdemeanour under
section 2, if satisfied that he is guilty of it. Now, gentle-
men of the Grand Jury, I have done, having brought before
you briefly the substance or scope of some 80 statutes, after
excluding 40 affecting, respectively, Ireland and Scotland
alone, and also very many important acts affecting the
United Kingdom, but not falling within my purpose to -day
and here. And I ask you two questions. Is it right, after
what you have heard, to charge the Legislature of your
country with indolence and inconsiderateness ? Before you
do so, at all events, reflect, and carefully refer to the
statutes at some of which I have been able to glance only.
Secondly—ls there any one of you who can say that none
of these acts more or less directly affects himself and his
own interests ? Gentlemen, I have again to congratulate
you and the town heartily, on the continued declension of
crime here, especially among the juvenile part of the popu-
lation. Ile then dismissed the Grand Jury to their duties.