The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-02-22 00:00:00

TO CORRESPONDENTS,

,^ We shall be happy, at all times, to receive communications
on subjects of local or general interest ; and if ourfriends
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tiberpoot tanbarb,

TUESDAY MORNING, FEB.

22, 1853

LAW REFORM

AMONG the subjects not immediately involving
political party distinctions which have lately taken
hold of the popular mind, that of Reform of the
Law and the Procedure in Courts of Equity and
Justice occupies perhaps the most prominent posi-
tion. It is not long since the greatest difficulty was
experienced in effecting any alteration in a sys-
tem to which antiquity had given dignity; but now
the only fear appears to be that the strong desire
for alteration should lead to the abo.ition of those
safeguards which experience had imposed against
precipitation in judicial proceedings. From the
extreme of doing nothing, the tendency is now in
the opposite direction—to do what may prove to be
too much, and a greater degree of caution is there-
fore the more necessary. The late Lord Chancellor,
Lord ST.LEONA RD'S, better known as Sir EDWARD
176"-z`z, succeeded, during the last session of Par-
liament, in effecting an immense amount of good in
Chancery
proceedings, by the bills which were then
passed into law, abolishing the Tasters in Chan-
very, and making other alterations to diminish ex-
pense and avoid delay; and his absence from office
by the change of Ministry has not lessened his
exertions in the same direction, for, on the first day
after the recess, he introduced several Bills relating
to proceedings in Bankruptcy, Lunacy, Suitors in
Chancery, and a Digest of the Criminal Law. The
new Lord Chancellor, Lord CRAIN-WORTH, has also
taken up the question, and, on Monday, last week,
entered into an elaborate statement, showing, not
only what he proposed to do, but what he proposed
not to do. He alluded to the proposal which had
been made to assimilate the practice of the Higher
Courts of Law to that of the County Courts, by
dispensing in some cases with the assistance of
juries, and leaving the decision to the judge who
tried the case. He said he had not conclusively
made up his mind on the subject, as he thought it
dangerous to withdraw from those who exercised a
variety of local jurisdictions the duty of assisting in
the administration of justice. Those who, like him-
self, had attended in assize towns, had often ob-
served that, at the end of the assizes, those who had
been summoned as jurors quitted the assize-hall a
much more intelligent set of men than they entered
it. He should, therefore, hesitate in withdrawing
from them those advantages by dispensing with
their services. He should also not propose any
further changes in Chancery proceedings until more
experience had been afforded of the beneficial
operation of the system lately introduced. He then
touched upon the Law of Divorce, and said he
should wait for the Report of the Commission which
iS nom inquiring into the subject before proposing
any measure upon it. Having thus stated what he
did-not intend to do, he proceeded to comment upon
the difficulties which attended the transfer of real
property, and showed the inutility of the sug-
gested registry of title deeds as ineffectual to prove
Z,good title, or lessen the expense of conveyance,
re doubts existed. He, however, introduced a
Bill by which titles of future purchases of land
would be registered, leaving existing doubts still
undecided, and affecting
in ownership. It • only subsequent changes
is to
with all present fault be a register of titles,
y future difficulties,
faults to
proposing to remove
an
ever, that with this proviso,
settlementshow-
may
be
made with-
out registry, leaving the parties interested to
seek a remedy at law. The bill was opposed by
Lord ST. LEONARD'S, who said it would prove
quite inoperative for the object desired, and in-
crease instead of diminish the expense of convey-
ance. D
It was, however, read a first time. The
HANCELLOR also promised to introduce a
bill for the -better regulation ofcharities,similar
to
one introduced in a former Session, with some mo-
dification, rendered necessary by the subsequent
abolition of the Masters in Chancery. He next
touched upon the necessity of some steps being
taken to simplify the statute law, by•classifying
and rendering more intelligible the number of laws
Upon the statute book. As an illustration of the
difficulty of such a step, and consequently ofits great
advantage, he stated that from the first
year of
EDWARD 111. to the end of the reign of QueenANNE,
there were 3,256 statutes passed ; from the ,end of
Queen ANNE to the Union with Ireland, there were
i 959 passed ; and from the 41st of GEORGE 111. to
tike close of 1844, there were about 5,200 more sta-
tutes passed, making a total -of 14,408, exclusive of
Irish And Scotch statutes. Making allowance far
b'ePealed, temporary, and private acts, the num-
b
he p e reduced to about one-fifth, and these
exper.sed to
j rn deal with by calling some of the most
Plete digest ofettlt° his aid, and drawing out a com-
ee law as it applied to every several
department,
to " as, upon the result of their labours,
found a sirn I
Which, P e and intelligible code of laws,
the .1
as the Code
.ricwouiA, should immortalise
he
nr:11. used to
our present Sovereign. To this duty
the d to applyhimself with all diligence, in
confident hope that sooner or later such a de-
sirable s,r.,consummation would be arrived at. Lord
s~• LEONAR
was si on this point, remarked that no man
competent
di to perform such a task ; for even a
,gent of the • • criminal law, notwithstanding that
`v,,‘Juu had already been expended in the attempt,
'al not
he yet been satisfactorily accomplished; and
-hon
g .• it desirable to wait to see how that
Worked
C A
••
before they proceeded further. Lord
—."IIXLL
pro • ,on the other hand, approved of the
POSitioo of the LORD notCHANCELLOR, and could
all
thug ~
It will
u?ectton to the task being undertaken.
portant be seen that •
sub'
ect f in dealing with this im-
by the present o Law Reform, the progress made
the si LORD CHANCELLOR is confined to
mple questionof
the the registration of title deeds,
advantage of
whereas which is extremely doubtful •
ereas every othe •le other which
which has been mooted is
ft to mere
Point
commodity in which the
now in offitae is the ce have so largely dealt, that their
e most infinitegimal character.