The Sun.
London, England, 1867-11-30 00:00:00

SPAIN.

MADRID, Nov. 29.

The Austrian Archduke Victor has arrived
here. On Sunday he proceeds to Andalusia, and
thence to Portugal.

TIIE WEST COAST OF. AFRICA.
LIVERPOOL, Nov. 30.

The Royal Mail steamer Mandingo has arrived
here with 2,907 ozs. of gold, and £1,734 in specie
and 24 passsengers. Her dates are :—Fernando
Po, October 30 ; Cameroons, 29 ;`'Old Calabar,
28 ; Benin, November 3 ; Jellah Coffee, 6 ; Mon-
rovia, 11 ; Bonny, 2 ; Lagos, 5 ; Accra, 7 ; Cape
Coast Castle, 8 ; Cape Palmas, 19 ; Sierra Leone,
14 ; Bathurst, 17 ; Teneriffe, 21; and Maderia, 23.
On the 30th of October, at Benin, a battle
took place between Governor Jerry and the Chief
Alluma, in which the former was defeated with a
heavy loss.

At Old Calabar King Archiboug still continued
his atrocities, but the Europeans were taking mea-
sures to prevent any further slaughter of the

natives.
The other news is unimportant.

POLICE INTELLIGENCE.—This Day,

MARLBOROUGH-STREET.

SAVAGE ASSAULT BY FEMALES.—Mary Ann
M'Lean and Margaret Collins, two young women,
were charged before Mr. Knox with violently
assaulting Mrs. Elizabeth Creed, the wife of a broker
living in Great Wild-street, Drury-lane.
The complainant said that about one o'clock that'
morning she was passing along Great St. Andrew-
street, on her way home, when the prisoner Collins
rushed upon her from behind and threw her
down, and then set to kicking her till she was
tired, and then she began again, being then assisted
by M'Lean. Her head was cut in two places, and
she was covered with bruises. At last she became
insensible from the illusage she received and went to
the hospital.
In answer to Mr. Knox, the complainant said
that the prisoners were strangers to her, and she
had given them no provocation.
Police-constable Wensley, 36 F, said that he
was on duty in Seven-dials that morning, about
one o'clock, when he was told by a cabman that
two women were murdering another in Great St.
Andrew-street, and on going there he found the
complainant smothered with blood, and appearing
to have been much ill-used. The cabman told
him that tthe women who :had assaulted the
complainant had run across the Dials, and while
he was taking the complainant to the hospital
they met the prisoners, and the complainant gave
them into custody, but they denied having assaulted
the complainant.
In answer to Mr. Knox, the constable said the
complainant was sober, but the prisoners had been
drinking. He knew the prisoners as the compa-
nions of convicted thieves.

The prisoners denied having assaulted the com-
plainant, and said they knew the women who did.

Mr. Knox remanded the prisonCrs, and told the
constable to try and trace the cabman.

SOCIETY OF APOTHECARIES.—Mr. George Cooper,
F.R.C.S., the representative of the society at the General
Medical Council of Education and Registration, has just
been re-elected the Master of the above society;i a like cir-
cumstance, it is stated, has not occurred for half a century

7'HE DIGEST OF LAW.

The following is the first report of the Commis-
sion :

,4 To THE QUEEN'S MOST EXCELLENT MAJESTY.

" We, your Majesty's Commissioners appointed
Ito inquire into the expediency of a Digest of
Law, and the best means of accomplishing that ob-
ject, and of otherwise exhibiting in a compendious
and accessible form the law as employed in judicial
decisions,' humbly submit to your Majesty this our
first report.

" 1. By the term law, as used in your Majesty's
Commission, we understand the law of England,
comprising the whole civil law, in whatever courts
administered, the criminal law, the law relating to
the constitution, jurisdiction, and procedure of
courts (including the law of evidence), and con-
titutional law.

" In each of these divisions are comprised laws
derived from three distinct sources

".1. The first source is the common law, which
consists of customs and principles, handed down
from remote times, and accepted from age to age,
as furnishing rules of legal right.
" 2. The second source is the statute law, which
derives its authority from the Legislature.
" 3. The third source is the law embodied in,
and to a great extent created by, judicial decisions
and dicta. These, indeed, as far as they have rela-
tion. to the common law and statute law, are not so
much a source of law as authoritative expositions of
it ; but, with respect to doctrines of equity and rules
of procedure and evidence, they may often be re-
garded as an original source of law.
" That serious evils arise from the extent and
variety of the materials, from which the existing
law has to be ascertained, must be obvious from the
following considerations.

" The records of the common law are, in general,
destitute of method, and exhibit the law only in a
fragmentary form.

" The statute law is of great bulk. In the quarto
edition in ordinary use, known as Ruffhead's, with
its continuations, there are 45 volumes, although
(particularly in the earlier period) a large -quantity
of matter is wholly omitted or given in an abbre-
viated form, as having ceased to be in force. The
contents of these volumes form one mass, without
any systematic arrangement, the acts being placed
in merely chronological order, according to the date
of enactment, in many cases the same Act contain-
ing provisions on heterogeneous subjects. A very
large portion of what now stands printed at length
has been repealed, or has expired, or otherwise
ceased to be in force. There is no thorough sever-
ance of effective from non-effective enactments, nor
does there exist in a complete form any authorita-
tive index, or other guide, by the aid of which they
may be distinguished. Much, too, contributes to
swell the Statute Book which is of a special or local
character, and cannot be regarded as belonging to
the general law of England.
" The judicial decisions and dicta are dispersed
through upwards of 1,300 volumes, comprising, as
we estimate, nearly 100,000 cases, exclusive of
about 150 volumes of Irish reports which deal to a
great extent with law common to England and Ire-
land. A large proportion :of these cases are of no
real value as sources or expositions of law at the pre-
sent day. Many of them are obsolete ; many have
been made useless by subsequent statutes, by amend-
ment of the law, repeal of the statutes on which the
cases were decided, or otherwise ; some have been
reversed on appeal, or overruled in principle; dome
are inconsistent with or contradictory to others ;
many are limited to particular facts or special states
of circumstances furnishing no general rule.; and
many do no more than put a meaning on mere sin-
gularities of expression in instruments (as wills,
agreements, or local acts of Parliament), or exhibit
the application, in particular instances, of established
rules of construction. A considerable number of the
cases are reported many times over, in different
publications, and there often exist (especially in
earlier times) partial reports of the same case at dif-
ferent stages, involving much repetition. But all this
matter remains encumbering the books of reports.
The cases are not arranged on any system ; and
their number receives large yearly accessions, also
necessarily destitute of order.; so that the volumes
constitute (to use the language of one of your Ma-
jesty's commissioners) 'what can hardly be tleaJL ibed,
but may be denominated a great chaps of judicial
legislation:*
" At present the practitioner, in order to form an
opinion on any point of law not of ordinary occur-
rence, is usually obliged to search out what rules of
the. common law, what statutes, and what judicial
decisions bear upon the subject, and to endeavour
to ascertain their combined effect. If, as fre-
quentlyhappens, the cases are numerous, this process
is long and difficult; yet it must be performed by
each practitioner, for himself, when the question
arises, and in some cases, after an interval of time,
it may have even to be repeated by the same person.
Without treatises, which collect and comment on
the law relating to particular subjects, it is diffi-
cult to conceive how the work of the legal profession
and the administration of justice, which greatly de-
pends on it, could be carried on; but, however ex-
callent such separate treatises may be, they do not
give the aid and guidance that would be afforded
by a complete exposition of the law in a uniform
shape. _ _

"A Digest, correctly framed, and revised from
time to time, would go far to remedy the evils we
have pointed out. It would bring the mass of the
law within a moderate compass, and it would give
order and method to the constituent parts.

For a Digest (in the sense in which we under-
stand the term to be used in your Majesty's Com-
mission, and in which we use it in this report) would
be a condensed summary, of the law as it exists,
arranged in a systematic order, under appropriate
titles and sub-divisions, and divided into distinct
propositions, which would be supported by refer-
ences to the sources of law whence they were seve-
rally derived, and might be illustrated by citations
of the principal instances in which the rules stated
had been discussed or applied.
" Such a Digest would in our judgment be highly
beneficial.

" It would be of especial value in the making, the
administration, and the study of the law.
" When a necessity arisas for legislation on any
subject one of the principal difficulties with which
those who are responsible for the framing of the
measures have to encounter is to ascertain what is
tile existing law in all its bearings. The systematic
'exposition in the Digest of the Law on the subject
would enable the ►uembers of the Legislature gene-
rally, and not merely those who belong to the legal
profession, to understand better the effect of the
legislation proposed. And there would be this fur-
ther benefit, that new la As when made would, on
periodical revisions of the Digest, find their proper
places in the system, and would not have to be
sought for, as at present, in scattered enactments.

"The Digest would be of great use to every per-
son engaged in the administration of the law. All
those whose duties require them to decide legal
questions in circumstances in which they have not
access to large libraries or other ample sources of
information, would find in the Digest a ready and
certain guide. Counsel advising would be spared
much pains in searching for the law in indexes, re-
ports, and textbooks ; and judges would be greatly
assisted as well in hearing cases as in preparing
judgments.
" The Digest would be most advantageous in the
study of the law, for it would put forth legal prin-
ciples in a form in which they would be readily
appreciated, contrasted, and committed to mind,
and thus substitute the study of a system for the
desultory contemplation of special subjects.

" It is not unreasonable to expect that this con-
densation and methodical arrangement of legal prin-
ciples would have a salutary effect upon the law it-
self. It would give the ready means of considering,
in connection with one another, branches of the law
which involve similar principles, though their sub-
ject matters may widely differ. It would thus bring
to light analogies and differences, and, by inducing
a more coustant reference to general principles, in
place of isolated decisions, have a tendency to beget

* Speech of the Lord Lord Chancellor (Lord Westbury)
on the Revision of the Law, House of Lords, 12th of June,
1863. Steven§ and Norton. Page a._

--
the highest' at tributes of, any legal system—simpli-
city and uniformity.
" The persons charged with the framing of the
Digest might be also intrusted with the duty of
pointing out, from time to time, the conflicts'
anomalies, and doubts which in the course of their
labours would appear. Thus the process of con-
structing the Digest would be conducive to valuable
amendments of the law. These amendments would
be embodied in the Digest in their proper places.
" Moreover, such a Digest will be the best prc"
paratiou for a Code, if at any future time codifica-
tion of the law should be resolved on. _ _

"But, great as. the advantages to which we have
referred as likely to flow from the formation of a
Digest of Law, the argument for it may, we think,
be rested even on the higher ground of national
they. Your Majesty's subjects, in their relations
towards each other, are expected to conform to the
laws of the State, and are not held excused, on the
plea of ignorance of the law, from the consequences
of any wrongful act. It is in these laws that theY
must seek the provisions made for their liberty, for
their privileges, for the protection of their persons
and property, for their social well-being. It is, 38
we conceive, a duty of the State to take care that
these laws shall, as far as practicable, be exhibited
in a form plain, compendious, and accesiible, and,
calculated to bring home actual knowledge 01
the law to the greatest possible number of persons.
The performance of this duty—a duty which
other countries in ancient and modern times
have held themselves bound to recognise and dis-
charge—has in this country yet to be attempted.
" On these grounds we report to your Majesty
our opinion that a Digest of Law is expedient.
" ll.—Having arrived at this conclusion, we pro-
ceed to the consideration of the further inquiry
which your Majesty has been pleased to intrust to
us—namely, the best means of accomplishing a
Digest of the law.
" It may be proper here to advert to what has
recently been done in the State of New York. The
laws of that State (as in other States also of the
Union) rest generally for their basis on those of the
country as they existed when the States declared
their independence. Cases decided in our courts
before that time are still regularly cited before
American tribunals as they are in Westminster gall;
and, indeed, the reports of our Courts up to the
present day are largely cited and relied on in ergo'
ment in American Courts. The work which 1133
been lately accomplished by the Commissioners for
framing Codes for the State of New York is, in form'
a series of Codes, laying down prospectively 101°
the law is to be, two of which Codes have alreadY
received the sanction of the Legislature. But, 333
preparatory step to the formation of these Co'deS 3
complete collection—or what, after great examine'
tion, the Commissioners believed to be a complete
collection—under appropriate heads of the law
each subject was formed by gentlemen employed for
the purpose under the Commissioners.*
" We do not desire to conceal the task of fool'
ing such a Digest as we contemplate would neces-
sarily require a considerable expenditure of time sod
.
money, though we are strongly of opinion that the
benefits that would result from it would amplyoo°l°
pensate for any such expenditure.
" We think it clear that a work of this nature
(regard being had especially to the importance e
its carrying with it the greatest weight) could not
be accomplished by private enterprise), and that le
must be executed by public authority and at the
national expense.
" With respect to the means of accomplishing itt
we have considered various plans. Any plan nlll3
t:
we think, involve the appointment of a commi
or body for executing or superintending the Wear,
tion of the work. It is obvious that, whatever
rangement is adopted, a certain number of
tionaries must be employed, at a high renanneratS'
in the capacity of commissioners, assistant-0011 a
sioners, or secretaries, and that there must Tors
considerable expenditure on the services of mem ~0
of the legal profession, employed from time to tIP:,
in the preparation of materials to be ultimately
moulded into form by or under the immediate solzierl
vision of the commission or responsible body. .
n
" We are anxious to avoid any recommendatie,
that would involve the necessity of immediate °ll
lay on a large scale ; and we therefore recontolel3, '0
that a portion of the Digest, sufficient in extent t
be a fair specimen of the whole, should be in the Bls
instance prepared before your Majesty's Govern' be
ment is committed to an expenditure which will
considerable, and which, when once begun, °lust
continue for several years, if it is to be at all efsca,

mous.
" We are not authorised by the terms of rut'
Majesty's Commission to undertake the exeentil
or direction of such a work, but we are of oPilii°,
that it might be conveniently executed under 0"4
superintendence.
64 if this should be your Majesty's pleasure, 114
humbly submit that the necessary' powers should P
conferred on us to enable us to carry this rec°lll;
mendation into effect, and that means should be
furnished to us of employing adequate profession •
assistance for this purpose. gl
"In the progress of the work thus done light •
be thrown on the question of the best organ's- lof
of the body to be constituted for the completion
40
the Digest. A fair estimate will be formed (1f
time that will be required for the whole. ~,g
be
ties, not now foreseen in detail, will doubtless 0
encountered, and the best way to overcome the.ch
will be ascertained. The solution of questions viblot
have already occurred to us will be attained °too
any rate promoted. Some of these questions nre
following :—What is the best mode of dealing W.a
statute law in the Digest? How should conflict/14,
laws (if any) and doubts which have been au do`'
tatively raised respecting particular cases or ii.oo
trines of law be treated? And what pr°15.5,111 re
should be made on the important point of the nil'aid
and extent of the authority which the Digest 511°post
have in the Courts, and how that authority call

be conferred on it ?
"We propose, in this our first report, `°1;000
ourselves to the conclusions and recornmeud3t;b- er
we have now stated. The consideration a oot ,0
questions arising from the terms of your MajecBtbe
Commission, and a fuller treatment of some °lnt
subjects here adverted to, we reserve for subseclu

reports. INDV
" All which is humbly submitted to yo—
fir
jesty's gracious consideration.
" Dated this 13th day of May,. 1867.
" CRANWORTII. " ROUNDELL A-,1,01
" WESTB URY. " JOHN GEORGE
" CAIRNS. LEFEVRE. "
" JAMES PLAISTED WILDE. "T. ERSKINE ,'
" ROBERT LOWE. " W. T. S. Doo"
" W. P. WOOD. " HENRY TIIRINO.
EILL
" GEORGE BOWYEII. " FRANCIS c•pto
* Mr. David Dudley Field, to whose exertions tbewSot:;,
of New York is mainly indebted for this .impor4n+t give
was so good as to attend ono of our meetings, and Dee°
us full information respecting the course which 10'
pursued.

Naval and Military Intelligence.

Yesterday detachments of officers and Tilec);4ll'
•-
longing to the Ist battalion of th
battalion e Ist ReYnho
of the Bth Regiment, Ist battalion el 20,
15th Regiment, 50th Regiment, and other c°rtho
arrived at Chatham garrison from HYthe' 011 t, the
completion of their course of instruction
School of Musketry. CaPt3ill
Her Majesty's screw troopship l‘iegora, foto
James Simpson, arrived at Spithead yesterdaY
.00
Ascension and Fayal. She brought home a 1111' who
of naval supernumeraries, seamen, andluarilltol at
were transferred from her soon after her i° ''al
Spithead by the Sprightly steam tender to thh:'iric.
Admiral's flagship in Portsmouth harbour, t; the
tory, Capt. F. B. Seymour, aide-de-
Queen. The iNlegmra, is ordered to Pre he.. .. ore
the Thames from Spithead to discharge h
of returned stores, &c., at Woolwich. •
C
56'
The armoured screw frigate Royal —3lOOOO,
800-horse power, Capt. lion. George 9% Ad
was officially inspected at Spithead yesteru.T, socl
her crew exercised in gunnery, small-aryl grills, vortr
into
t'eturo
exercise aloft, preparatory to going
mouth harbour this morning to dismand%
to ne'At
stores, and pay out of commission. Prelfo, to
recommission the Royal Oak will be atte
receive her armament according to the Aell