« EelmineJätka »
Matropolitan an: Provincial Law Association.
33 require the special consideration of the com- | amendments included in their proper place in mittee was the passage suzgesting that the the law. 2. In every case of re-enactment to commission of inquiry should be composed of repeal by explicit reference so much of the members of the Bar.
previous law as is thus re-enacted. 3. To The resolution was adopted nem. con. keep in distinct clauses the permanent matter, CONSOLIDATION OF THE STATUTES.
the transitory matter, and the repeals.” The
third recommendation was not an essential The first paper read this morning was by part of the plan Mr. Ryland desired to advoMr. A. Ryland, and was entitled “Sugges- I cate. After referring at some length to the tions connected with the Consolidation of the details of the plan proposed by Mr. Coode, Statates.” To have only one Statute on each and to the labours of the various Commissions subject of legislation was a consummation, the for consolidating the Statutes, the writer obwriter remarked, so devoutly to be wished, and served that if they agreed with him that Mr. its importance, nay, almost its necessity, was Coode's plan ought to be urged on the attennos su generally acknowledged, that any plan tion of Parliament and not remain a dead which proposed to accelerate its accomplish: letter in a Blue Book, now was the fit time to ment would, he thought, receive a patient and press it, because Parliament had so recently indulgent hearing. His attention was first di- received a recommendation in the report of rected to the subject by finding, in the course the Commission to form a Board to revise all of his labours in preparing for the press a work Parliamentary Bills; for such a Board was on the Assay Laws, in 1851, more than fifty, essential to the good working of the plan he Statutes upon this simple subject, presenting recommended, and because the adoption of the many incongruities, and occasioning much dif- proposal would greatly facilitate a systematic ficulty to the trades affected by them. The consolidation of the Statutes, or a codification remedy for this evil he considered would be of the law, if either the one or the other should attained by Parliament adopting the plan of be deemed desirable. He was aware that the noi per.nitting any Bill to be passed unless it adoption of the plan would be open to the obrepealed all pre-existing Acts on the subject to jection, if it were one, that it would be a hinwhich it related, re-enacting so much of the old drance to legislation, requiring much more law as it inay be intended to retain, with the labour, time, and skill in the preparation of additions or variations which it might be the Bills, and creating more hesitation in Parliaobject of the new Bill to effect. By the adop- ment in adopting them. Granting that such tion of such a rule, a consolidation of the pre- would be the result, he questioned if it could sent Statutes would be accomplished in the be an objection. He entertained the opinion course of a reasonably short period, and by a that the obtaining a public Act of Parliament mode simpie, inexpensive, and, what was most was much too easy a matter, and that one of important, self-adapting to growing legislation. the great evils of the day was over-legislation. On the appearance of the report of the Com- He feared that it was a growing evil ;-too missioners for Consolidating the Statute Law, much care, too much skill, or too much knowin July last, he was surprised that no provision ledge, could not be bestowed upon the making was süzgested for the prevention of a multipli- of laws. It was a great responsibility, a high cation of Statutes in future legislation. The trust, and was not sufficiently esteemed. Much recominendations of the Commissioners em- of the mischief they had to deplore, the great brace only a consolidation ‘of the existing evils which had rendered consolidation of the Statutes, and concluded by recommending Statutes necessary, had been occasioned by that a Board should be appointed, whose duty the ignorance, carelessness, and want of skill it showid be either to prepare, or revise and with which Acts of Parliament had been prereport upon, all Bills belore they were brought pared, and therefore he esteemed the increased into Parliament, and to watch them during knowledge and skill which would be rendered
On reading this report, he necessary by the scheme, a great recommenda(Mr. Kylandi determined to make the plan he tion of it rather than an objection to it. Mr. bad mentioned the subject of a paper for this Ryland, in conclusion, earnestly directed the meeting, and with this view took up the Blue attention of the society to the subject, believing Bonks on the subject of consolidation, which that the adoption of a rule by the two Houses had been printed previously to the report to of Parliament, not to pass any bill unless it which he had referred, and he then found the contained the whole of the Statute Law on the plan he desired to see adopted most clearly subject to which it related, would be producstated and ably supported in Mr. Coode's tive of incalculable good to all classes---to Parpapers appended to Mr. Belienden Ker's Re- liament itself, in enabling it the better to disport, dated August, 1853, and printed in 1854. charge the high duties entrusted to it; to the Mr. Coodle introduced the subject by some Judges and magistrates in the administration observations justifying his view in dealing of the law; to the practitioners, in advising with current and future legislation, and giving upon it; and to every member of the commuhis reasons for preferring consolidation to co- nity who was bound to know and obey it. dification. The course he recommended was : Mr. C. M. Ingleby thought that if, in passing —“1. Never to amend the law by distinct and a law, the Legislature were to be called on to isolated amendments, but always to re-enact re-enact all the Statutes relating to it, the rewhatever law is to be amended, with the sult would be that they should have, not a con
Metropolitan and Provincial Law Association. solidation of the law, but a mere aggregation | fication of the evils of the present system, of the preceding laws. Betwixt the two things namely, that at present the entire body of the there was a great distinction. If they wished Law relating to Building Societies 'existed to aggregate the Statutes, they might bind solely in repealed Statutes. It seemed to him them together in a volume, and he could not that the absurdity of legislation could no farsee that anything was gained by such a conso- ther go. It happened in this way. When lidation.
these societies had forced themselves upon the Mr. W. Shaen said, that if he understood attention of the Legislature, a very short Act Mr. Ryland aright, his proposal was, that each was passed, called the Building Societies Act, Statute should express fully the whole Statute but it incorporated in it the whole of the proLaw on the subject to which it referred. Mr. visions of the Friendly Societies Acts, so far as Ingleby's objection really amounted to this, they were applicable to building societies. The that we cannot have a consolidation of the Sta- effect of that has been that the Law of Building tute Law without going through the necessary Societies is a very difficult thing to find out, as labour ; but it would be readily seen that any it has had to be selected out of a considerable plan would involve a considerable amount of number of Statutes," so far as they are applilabour ; and the question would therefore seem cable,” though there is no test by which they to be, in what way can we best apply that can determine where they are applicable. Dulabour so as to make it immediately useful, and ring the last Session a fresh Act was passed for avoid its repetition ten years hence. It was Friendly Societies, and the whole of the old clear that according to the plan suggested by laws were repealed without the exception, makMr. Ryland, every time the law was altered by ing some of the clauses applicable to building Parliament the labour of consolidating the law societies, being stated. The consequence is, on that subject would have to be gone through. that at the present moment building societies But this, to his (Mr. W. Shaen's) mind was no would have been outlawed altogether if it had objection, because if ever they were to have the not been that these repealed laws have a sort law consolidated, the labour must be gone of semi-life, by having been incorporated, “so through. Mr. Ryland's plan seemed to say far as they are applicable,” in the Building this, that the subject on which legislation is Societies Act. He then called particular atneeded shall be the subject to which the labour tention to the printed return moved for by Mr. of consolidation for the time being shall be de- Locke King, and referred to by Mr. Ryland, voted; whereas the two faults of the scheme which contained the minutes of the Board of mentioned by Mr. Bellenden Ker are, first, that 1853, as showing such a disgraceful waste of the law selected for consolidation does not de- the public money as could not be too strongly pend upon the question whether or no legisla- reprobated; and concluded by making some tion is needed, but whether or no the individual remarks on the mischief arising from overselected as assistant Commissioner has a fancy legislation. for a particular subject; and secondly, that the The Chairman commented on the advantage whole labour will be rendered comparatively which had followed the consolidation of the useless by an accumulation of subsequent Sta- Custom Laws, begun when Sir Robert Peel tutes. The labour once gone through on was Secretary of State, 465 Acts Parliament Ryland's plan, any subsequent alteration would having in this instance been condensed into be an easy matter. It would involve a con- one. The chief difficulty in the way of the siderable amount of printing, as instead of adoption of Mr. Ryland's plan, or indeed of having hundreds of very small laws, they would any scheme of consolidation, was to be found have a good thick law on every subject, and in the fact that if a Bill with 500 clauses was every time any change took place the whole introduced, 400 of these might be altered in its would have to be reprinted. This seemed to passage through Parliament, thus running the be the objection. But it ought not to prevail, risk of enacting a mass of incongruities after as it was absolutely essential to carry out the all the old laws had been repealed. principle if it was worth anything, while those Mr. Leonard thought conveyancers would only who had been in the habit of watching find a consolidation of the law somewhat the printing of Bills in Parliament could have troublesome, inasmuch as they were often called any idea of the enormous waste of printing on to go through 60 years' titles and had to which now took place. He felt sure that in a ascertain that in any given year during that short time the process of absolutely reprinting period, the stamps and other formalities were the whole body of law would prove less ex- in accordance with the existing law. But the pensive than now, when any member of Parlia- Stamp Statute, for instance, when consolidated, ment, provided the proposal was not absolutely would only show the present law, and 20 pondistasteful to Government, could so easily ob- derous volumes might have to be taken into tain leave to bring in a Bill and have it printed. Court to support a case, instead of the short It constantly happened that the same Acts Acts that might now be used. The same rewere printed over and over again. The Bank- mark applied to the Law of Evidence, in which rupt Law Consolidation Act was printed no alterations were continually taking place. fewer than five times, and having to obtain fifty Mr. Ryland said, that by consolidation he on each occasion for the use of the society, the meant the aggregation into one Act of all the consequence was that he had a cart load of this existing Statute Laws, and he proposed that alone. He could furnish one striking exempli- each department of law should be dealt with
CONDITIONS OF SALE.
Metropolitan and Provincial Law Association.
35 when the necessity for its amendment was the other inmates. The reading of the paper forced on the attention of Parliament, repealing was followed by some discussion, in the course so much of former Acts as was thought de- of which it was suggested that juvenile crimisirable, and repeating whatever was intended nals should be sent to reformatories at a disto be retained. As to the objection of Mr. In- tance, in order to sever the connexion that gleby that great work was involved, he must might exist between them and their former asremind him that every framer of a new law was sociates in vice. presumed to have mastered the existing law before he entered on his task. He was ready to admit that supposing the consolidation ef- A
“ On Conditions of Sale," by Mr. fected, the new Statutes would have to be re- R. Caparn was read by Mr. W. Shaen, the Se peated and re-enacted whenever an alteration cretary. The writer strongly censured the was proposed, but he did not see how the great practice adopted by some portions of the object of the scheme could be accomplished Profession, of stipulating in the conditions of without doing so. As to the objection that sale that the conveyance should be prepared alterations might be made by Parliament, he by the vendor's solicitor, at the expense of the would remind the Chairman that it was pro- purchaser, as being calculated to draw busiposed to refer all the Bills introduced to a pro- ness into improper sources. Instances were perly qualified board, whose duty would be, given in which this had been acted upon in a after the House had discussed any proposed sale of Crown lands, in Lincolnshire, by means alteration, to give proper expression to the of which the writer contended that the Profesprinciples on which the House were agreed. sion had been plundered of a fair and legitiWith regard to Mr. Leonard's objection, he mate amount of business, the title-deeds being thought that a consolidation of the law would prepared by the Solicitor of Woods, &c., who rather save labour to the Profession than in- was paid by salary, the amount received for crease it, and he would remind him that now the preparing of the titles going into the public, he had to go through the work of searching purse. In the discussion that ensued the practhe Statutes of 60 years for conveyancing pur- tice was deprecated by the members present, poses. If it had no other effect than that of and it was suggested that solicitors should checking over-legislation, by compelling Par- print the conditions of sale some days previous liament to master a law before it touched it, a to the auction, in order to allow the solicitors consolidation of the Statutes would be a means of intending purchasers time for their perusal, of infinite good.
as it was impossible to do so at the time of Mr. Lowndes concurred in the main with the sale, if only one copy was produced, which was paper read, suggested that in each consolidated frequently the case, and was consequently proStatute the repealed clauses of previous Acts ductive of great injustice. should be referred to by their numbers, and A paper containing “Suggestions as to that the additions should also be distinguished, Amendments of the Law," by Mr. S. Shaen, say by italics, so that a person looking over an of London, was read by Mr. W. Shaen, the Act of 1855, might see what alterations had Secretary, but did not lead to any discussion. been made in the law during the last five or ten Mr. Shaw, of Leeds, then moved that the years.
papers which had been read should be printed Mr. Leonard considered that his objections and circulated among the members of the were still unanswered, repeated them, and some Association. He remarked that the papers further discussion ensued, in which the Chair- did not emanate from the Association as a man, Mr. Lowndes, Mr. Ryland, and Mr. W. body, nor was the Society responsible for the Shaen took part. The debate, of which the principles which they enunciated. They were above is a mere summary, was brought to a the production of individual members, who close by Mr. Bulmer jocularly remarking, that wished to direct the attention of other memhe did not anticipate Parliament would oppose bers of the Society to the subjects on which the plan, as it involved a board, which board they treated. No member of the Association necessarily involved patronage, which patron- was personally pledged to the adoption of age seemed to be more the object of the pre- any one of the opinions expressed in those sent Legislature than the public good. papers ; they were the opinions of the writers,
who conceived that they were of such importTHE REFORMATORY LAWS.
ance as to deserve the consideration of the Mr. W. Morgan read a paper “On the recent members. alteration of the Law in the Treatment of Ju- The resolution was seconded by Mr. Rawlins, venile Criminals.” The writer passed under who considered it essential to the prosperity notice the two recent Acts of Parliament re- of the Association that the papers should be lating to the treatment of criminals under 16 printed. He considered it was a great stain years of age, empowering Magistrates to com- upon the Profession that they were excluded mit such persons to Reformatory Institutions from the magisterial bench of all counties, and after undergoing a certain term of imprison- trusted some efforts would be taken to remove ment. Mr. Morgan recommended that care the obloquy. should be taken in not sending criminals of Mr. C. M. Ingleby supported the resolution. an advanced age to such institutions, as such He considered that one of the greatest impediparties were productive of evil consequences to ments to the progress of the Society in this la
36 Review: Finlason's Lawyer's Companion.-Law Students' Corresponding Society.
Thanks were afterwards voted to the Birmingham and Midland Institute for the use of LAW STUDENTS' MUTUAL CORREthe theatre for the Society's meeting, and to
The objects of this Society are to provide of thanks to the Chairman.
a system of intercommunication amongst the
Law Students of this Kingdom, and by that NOTICES OF NEW BOOKS.
means enable them to render mutual assistance in their studies, and so promote feelings
of friendship and unanimity between them. The Lawyer's Companion and Diary for selves and stimulate their exertions in preparing
1856. Edited by W. F. FINLASON, Esq., for the honourable Profession of the La:v. Barrister-at-Law. Stevens and Norton,
The Society consists of honorary and ordiLondon.
nary members, honorary members being bar
risters, åttorneys, and solicitors, or any other The new edition of this work for the gentlemen connected with the Profession, who ensuing year, is a great improvement on its become donors of half a guinea. Ordinary predecessors, both in matter and composi- members being articled clerks, who shall contion. The first Part comprises
tribute an entrance fee of 2s. 6d., and an an
nual subscription of 2s. 6d. A Law Calendar for 1856. Retrospective Calendar for the years 1952, SECOND ANNUAL REPORT OF THE COM1853, 1854, and 1855.
MITTEE. Law Terms and Times.
The Committee, in laying before the memSittings of the Courts of Common Law and bers their Second Annual Report, have great Chancery In and Out of Term.
satisfaction in calling their attention to the Offices of Courts,—Hours and Holidays.
complete success that has attended the operaRules as to Place and Time.
tions of the Society during the preceding twelve New Orders in Chancery.
months, and they again congratulate them upon Cases in Common Law and Chancery as to the permanent establishment of a system of inPractice.
tercommunication which cannot fail to be proTables showing the Time for taking steps ductive of very great benefits to the Law in Actions at Law; in Suits in Equity; in Students of this Kingdom. Bankruptcy; in County Courts.
The Society now consists of upwards of 50 Rules for Admission of Attorneys.
ordinary members, and the number is steadily Rules and Cases as to Affidavits.
increasing, a convincing proof of the readiness Common Forms.
of articled clerks to avail themselves of such Cases as to Costs.
an advantageous means of self-improvement as Tables of Costs and Fees in Common Law. this Society affords to its members. Tables of Costs and Fees in County Courts.
Your Committee have also the pleasing inTables of Costs and Fees in Bankruptcy. telligence to announce that the suggestions Tables of Costs and Fees in Chancery,
contained in their last report, that an appeal Tables for computing Costs, Income, In should be made to the members of the Legal terest, &c.
Profession, soliciting their support to this Tables of Stamp Duties.
Society in the capacity of honorary members, Index to Practical Statutes from 1 Geo. 4, has met with a response, and as your Comto the present time.
mittee feel convinced that nothing will so much Digest of Practical Statutes of last Session. tend to place the Society in a prominent and The second part contains the following for it the confidence of articled clerks, as the
permanent position, and at the same time gain lists and information :
fact of its having the approbation and support Attorneys practising in London.
of their seniors, they again appeal to the ProAttorneys practising in the Country through- fession soliciting their countenance and coout England and Wales, with their London operation by becoming honorary members of Agents, and appointments held.
the Society. Barristers, an authenticated List of, with the The knowledge of the existence of this Sodates of Call, and the Inns to which each be- ciety has during the preceding year been very longs.
considerably increased as instanced by numeBenchers of the Inns of Court.
rous students residing in districts where the Conveyancers not at the Bar.
Society was previously unknown, having been Judges.
enrolled as members, and your Committee in Notaries Public.
announcing with gratification the fact that its Proctors and Notaries.
advantages are now extended over 25 counties Queen's Counsel and Serjeants.
in England and Wales, trust that this an
Law Students' Mutual Corresponding Society.-Votes of the Week. nouncement will tend to convince Law Stu- 1" oldest practitioner.” The hint given by the dents that the Society is really obtaining the Court, we trust will induce the Counsel who confidence of their fellows and is well worthy hold briefs to make such arrangements as will of their attention and support.
Your Committee deem it advisable to draw prevent the waste of the time of the Court.the attention of those articled clerks who are Ed.] not at present aware of the existence of the Society, to its principal features and objects. had been called over on the sth instant, the
Lord Campbell intimated, that after the Bar It is designed, first-as a means of friendly in- Court would proceed with the Special Paper, tercourse and for the purpose of engendering and that every day during Term, after the feelings of unanimity and friendship amongst Crown Paper had been disposed of, the Special articled clerks generally throughout the king- Paper would be taken. dom; secondly—to supply the wants of a Debating Society in small towns by affording
QUEEN'S BENCH PRACTICE COURT. a medium for the written discussion of moot points on legal subjects, and the composition Mr. Justice Crompton will preside in this of essays; and thirdly—by the same means, to Court during the present Term. furnish opportunities to the student to apply
His Lordship came into Court at the usual principles to practice, and thus assist him in time on the 3rd November, but as no Bar obtaining a practical knowledge of his Profes- was in attendance his lordship retired. Soon sion, and your Committee feel justified in as. after some gentlemen came in, but it was serting that every member who, actuated with too late. It will be recollected that the Court an earnest desire for self-improvement, will sits at 10 o'clock, and at that hour the busigive his full attention to the papers of the So- ness is commenced. ciety cannot fail to acquire an extensive and varied knowledge of the law.
SITTINGS OF THE EXCHEQUER CHAMBER With regard to the financial position of the The Court will sit on writs of error from the Society, your Committee feel pleasure in stat- Queen's Bench on Tuesday the 13th, Thursing that after repaying the balance due to the day the 15th, and Friday the 16th November. Secretary in April last, and defraying all the From the Common Pleas the day after Term, expenses of the past year, a surplus remains to and from the Exchequer of Pleas the second the credit of the Society.
day after Term. CHARLES R. GILMAN, Hon. Sec. St. Giles' Street, Norwich,
WANT OP COURT ROOM.-INCONVENIENCE August, 1855.
TO THE GRAND JURY.
The grand jury for Surrey, on leaving the NOTES OF THE WEEK.
new Court to proceed to their room in the old building, have no passage under cover, but in
the most inclement weather have to cross the BUSINESS OF THE COURT OF QUEEN's yard in front of the court-house. Great comBENCH.
plaints have been made of this annoyance, but LORD CAMPBELL having on the 3rd inst., no alteration has been made. called on the Bar, and no gentleman being ready, his lordship said, that it was much to be
DENBIGHSHIRE QUARTER SESSIONS. regretted that counsel had not been instructed earlier to move their new trials. This was the in future be on Friday, and the county busi
The day of trials for criminal business will second day of the Term, and all parties ought
ness on Saturday, instead of as heretofore. to have been prepared. It would now be a question whether the Court would allow a list
NEW QUEEN'S COUNSEL. of motions to be handed in on the 4th day of
Mr. Whitmore, Mr. Overend, Mr. PickerTerm, as ample time had been afforded for
ing, Mr. James Wilde, and Mr. Bovill, having getting through the business. There being no business the Court rose at 12 o'clock.-06. been appointed Queen’s Counsel
, were on the
2nd November called within the Bar of the sercer.
several Courts of Law and Equity. [It does not appear upon what grounds Lord Campbell assumed that the delay rested
ARCHES' COURT. with the attorneys. We believe it suits the Dr. T. H. Tristram was, on the 2nd Novemconvenience of leading counsel who practise ber, admitted an Advocate by virtue of a rein all the Courts, to make all their applications script from his Grace the Archbishop of Can
terbury in one Court on a given day, and so on in suc- This is the first admission under the new cession. We are informed that in many of the regulations, by which every Doctor of Law cases referred to, counsel were duly instructed seeking to practise in the Courts in Doctors' and the attorneys in attendance. The rising Commons, is required to undergo a satisfactory
examination in the Civil Law and the Law of of the Court of Queen's B for want of Nations, before the Archbishop issues his business is an event hitherto unknown by the rescript.