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Consolidating the Statute Lau-Second Report of the Commissioners. 425 however well drawn, may lose altogether their worked by either means; but we are of opinion simplicity and completeness by amendments that a single responsible person, with adequate and alterations incautiously introduced in their assistance, would be preferable to a board for passage through Parliament. After having been carring into effect a work of this kind. Per. passed in one Session, they would often be haps there are few cases in which delay and altered in subsequent Sessions without regard uncertainty of action are not caused by the to what had previously been done. New ac- divided responsibility and sometimes divided cumulations of partially repealed Acts, pro- opinions of a board; but in a case like the bably also of conflicting provisions, would be present, requiring the invention, or at least the “heaped together one upon another," and the practical application of a new mode of procegreat evil which we desire to redress would dure, the exercise of much discretion, and the grow as fast as we were able to remove it. In power of rapid decision and action, it would addition to this, other legislation would also be seem that anything like concurrent authority going on, entirely independent of all labours of would be inconvenient, and that a single reconsolidation ; and so, for want of some super- sponsible head, with a well organized staff of vision, the best efforts for that purpose would assistants, would work better. We think it be frustrated, numerous laws on the same sub- would be convenient that the proposed officer ject would still be continued, and the most should be the same for both Houses. perfect consolidation would again become im- We now pass to the second of the two plans perfect, and that in the course of a very few mentioned at the commencement of this Reyears.

port: We therefore beg leave to submit to your II. As to the Classification of the Public GeMajesty that in our opinion the most effectual

neral Statutes. method for ensuring simplicity and uniformity

A classification of enactments is incident to in, or otherwise improving the form and style the consolidation of the Statutes; but the plan of future Statutes, would be the appointment of an officer or board, with a sufficitut staff of to which we have not to direct attention is an assistants, whose duty it should be:-To ad- arrangement for the division of the Public

General Statutes of each Session, as they are vise on the legal effect of every Bill which passed, into leading classes ;' and as a preeither House of Parliament should think fit to liminary measure, the corresponding qualificarefer to them, and, in particular, on the exist

tion or
grouping"

." of the Public Bills. ing state of the law affected by the proposed Bill, its language and structure, and its opera- case of the Statutes is that the law which re

The practical difficulty to be dealt with in the tion on the existing law; and also to point out lates to any given subject, or which affects any what Statutes it repeals, alters, or modifies, given class of persons, is dispersed in a large and whether any Statutes or clauses of Statutes number of volumes among laws relating to on the same subject-matter are left anrepealed other subjects and to other classes, and among or conflicting; so that the House may have at enactments some of which have ceased to be its command the materials which will enable laws, and some of which never were laws, in it to deal properly with the Bill.

the sense of permanent "rules of civil conThe only material objection which has oc

duct." curred to us as likely to be made to such a

This difficulty has grown to its present mag. scheme as that above proposed, is the danger nitude by the neglect of obvious precautions. of making the authority of the Legislature to

To make the several portions of any large some extent, subordinate to that of such a and growing mass of written matter accessible, board or officer. It does not, however, appear one obvious precaution is to resort to some arto us that there is much weight in this objec- rangement or classification. But in the case tion ; the officer or board would be a servant, of the Public General Statutes there is no arnot a master, as we do not contemplate that

rangement or classification whatever. The such officer or board should report on the Public General Statutes of each Session, as policy or expediency of any proposed measure they are presented by authority to those whom The powers of both Houses, and of all the they may concern, are a mass of documents members of each House, would remain invio- differing essentially from one another in their late. But assistance would be provided for character, and in the continuance and extent them, as well in advising on the effect of the of their operation, thrown together fortuitously Bills at the time of their introduction, as in in the order in which they are assented to by watching them during their progress through the Crown,-an order purely accidental. Parliament, and keeping them in harmony

The evil of this neglect of classification will with the whole law. The labour and anxiety be more glaring if the functions and current of all members of Parliament would thus be business of Parliament, and the marked differmaterially relieved, and the legislation of the

ences in character of the Acts which are so country improved. A great saving of time thrown together, be examined in detail. would also be effected; for discussions which now arise, and amendments which it is now 1 The only classification of the Statutes now pecessary to introduce in the various stages of established by authority is the division into the Bill, would often be avoided.

Public General, Local and Personal (declared We have used the terms “officer or board” Public, &c.), Private Printed, and Private not because our plan no doubt admits of being Printed.

426 Consolidating the Statute Law.-Review: Willmore & Beedell's Maritime Guide.

In the first place, among the Public General NOTICES OF NEW BOOKS. Acts of each Session are to be found Statutes (more numerous than would be supposed by The Mercantile and Maritime Guide. By those who have not examined them with a

GRAHAM WILLMORE, Esq., M. A., one special object) which cannot properly be called “laws," in the sense above indicated.?

of her Majesty's Counsel, and EDWIN It requires no argument to prove that Acts BEEDELL, Esq., of her Majesty's Cus. which are now termed Private are not properly toms, London. W. Mackenzie, Glasgow. to be classed among such laws; for instance, 1856. Pp. 1,167. an Estate Act, or a Divorce Act. But there are many Acts now included in the Public This is amongst the most complete, imGeneral Statutes which, though of public con- portant, and useful works that bave issued cern because they affect property dedicated to from the press within the present reign. public uses, are as little entitled to be con- It may not indeed be of daily assistance to sidered “laws” as a Private Estate Act; for the generality of the members of the Proinstance, the Act of 1853, to authorise the sale fession ; but to the mercantile and mariof the Excise Office in Broad Street, which is time community, the owners and masters as strictly an * Estate Act” as if it had been of ships, the merchants and traders with passed for the convenience and at the instance of private persons.

foreiga parts, the work must be invaluable. There are also among the Public General It must also frequently be of great service Statutes classes of Acts of a different charac- to the legal advisers of these numerous ter, which, though they are of the highest pub- classes of the commercial world, and we lic importance, are as little entitled to be ranked conceive that scarcely any lawyer engaged among “laws." They are merely Acts (often in preparing for the trial of a mercantile or transitory Acts) of administration.

maritime cause can proceed satisfactorily Many of our constitutional usages are directed against the possibility of the machine of without this comprehensive manual. government going on without a Parliament. The design of the Authors has been “to As a consequence of this jealousy, Parliament, furnish to all persons connected with the in addition to the proper business of legisla- mercantile and maritime interests of this tion, performs many acts which in most country, such matter arranged in a clear countries would be deemed executive only. To and compendious form as will inform them take one of the most important of these : -An of their rights and duties, and enable them Appropriation Act is passed at the end of every to transact their business with accuracy, Session, to direct to what purposes all the Pub- confidence, and facility.” In order to aclic Revenue of the year not previously appropriated shall be applied. Such Acts are in complish their object they have with great effect nothing more than warrants to the public pains and labour studied and collected the functionaries ; "the operation of [each] Act is law and custom of merchants; the despent” (as Blackstone expresses it) in the trans- cisions of the Courts thereon ; the enactaction which is authorised. When the Treasury ments of the Legislature ; and the orders and the Exchequer have issued the money in and regulations issued by Government accordance with the directions of an Appro- Boards and other competent authorities. priation Act, the Statute is as a cheque on a banker that has been paid: it is of no conse

They have also collected from the most requence but as a matter of audit or of history.

liable sources a vast amount of information,

which they have concisely and clearly stated, Blackstone indicates sufficiently the dis- for directing the course and developing the tinction between law, which is “the rule of resources of trade, both at home and abroad; civil conduct," and other Acts of the supreme and have provided against cases of difficulty power. “Law,” he says, “is a rule ; not a or emergency, and furnished a safe and transient sudden order from a superior to or ready guide on all the subjects compreconcerning a particular person, but something hended in our maritime and mercantile permanent, uniform, and universal. Therefore a particular Act of the legislature to confiscate system. the goods of Titius, or to attaint him of high

The work comprises several original treason, does not enter into the idea of a mu- treatises, --setting forth and explaining minicipal law, for the operation of this Act is nutely the rights, duties, obligations, and spent upon Titius only, and has no relation to liabilities of Merchants, Shipowners, Masthe community in general; it is rather a sen- ters, mates and seamen, agents and Brokers, tence. But an Act to declare that the crime of both as regards themselves and their conwhich Titius is accused shall be deemed high nections in business. These treatises comtreason, this has permanency, uniformity, and universality, and therefore is properly a rule.” prise the law relating to the following

subjects :- 1. Carriage of goods in ships. [To be continued.]

2. Marine insurance. 3. Bottomry. 4. Stoppage in transitu. 5. Principal and

Review : Willmore and Beedell's Mercantile and Maritime Guide.-Law of Attorneys. 427 agent. 6. Bills of exchange, promissory 8. Consuls and consular fees. notes, and cheques, &c.

9. Colours and salutes. The consolidated and amended Merchant

The Third Part is occupied byShipping Acts are given in extenso, explained and illustrated by notes and practical

1. Customs' Laws, regulations, and duties. observations, especially in relation to the

2. Importation and warehousing. registry, mortgage, and transfer of ships.

3. Isle of Man Act. The volume contains also the laws and

4. Reciprocity of commercial privileges. regulations and complete tables of duties

5. Warehousing regulations and ports. and drawbacks of Customs and Inland Re

6. Regulations as to agents, lightermen,

&c. venue ; Orders in Council and of the Treasury, Boards of Trade, Customs, &c.; also,

7. Exportation. a full exposition of the mode of transacting

8. Ships' stores. the import, export, and transhipment busi

9. Prevention of smuggling. ness. Further, it includes a Synopsis of 10. List of British and Irish goods usually Customs' Bonds, accompanied by a state- exported. ment of the regulations which affect them;

11. Transhipment regulations. likewise correct tables of Customs duties

12. Customs' bonds. payable inwards and outwards at every British possessions.

13. Channel Isles and Customs' duties in British possession abroad. Besides a vast amount of other mercantile

14. Miscellaneous Customs' orders. and maritime information now for the first

15. List of receivers of wrecks. time published, lists are given of the ware- The Fourth Part relates to housing ports of the United Kingdom, 1. Articles of merchandise most generally specifying the descriptions of merchandise imported. which may be bonded; also of the ports 2. Moneys, weights, measures, and exand principal places of shipment through- changes. out the world, with tables of the articles 3. Corn tables and rates of freight. allowed to be shipped as stores out of bond

4. London Port and Dock Acts. or on drawback, and the regulations appli- 5. Ports, harbours, and creeks in the cable to them.

United Kingdom. The volume comprises, also, a concise 6. Ports and principal places of shipment description of the articles of merchandise abroad. usually imported into this country ; tables

The Fifth Part treats of

— of the moneys, measures, and exchanges of all nations ; British and foreign corn tables,

1. Owners of ships. with statements of the corn measures of

2. Masters, seamen, and apprentices. foreign ports and their equivalents in Eng

3. Carriage of goods in ships. lish quarters; also, the comparative prices

4. Blockade. of wheat, barley, oats, flour, and oatmeal, at

5. Stoppage in transitu. the respective weights and measures of the

6. Agents, brokers, and factors. English, Scotch, and Irish markets, &c., &c.

7. Bottomry and respondentia.
8. Marine insurance.

9. Averages. Such is the general scope of this very va- 10. Salvage. luable work, which is divided into five parts. 11. Bills of exchange, promissory notes, The First Part comprises :

and cheques. 1. The Merchant Shipping Act, 17 & 18 Vict. c. 104. 2. The Merchant Shipping Repeal Act,

LAW OF ATTORNEYS AND 17 & 18 Vict. c. 120.

SOLICITORS. 3. The Merchant Shipping Act Amendment Act, 18 & 19 Vict. c. 91.

PRODUCTION OF DOCUMENTS BY SOLICIThe Second Part contains :

TOR'S EXECUTORS RELATING TO PUR1. The Passengers' Act, 1855.

CHASE BY HIM FROM CLIENT. 2. Regulations as to passengers' baggage. This bill was filed by the equitable de3. Stations for boarding vessels.

visee in remainder and heir of Sir Roger 4. Pilots and pilotage.

Gresley against the devisees in trust and 5. Port and harbour dues on shipping. executors of Mr. William Eaton Mousley, 6. Quarantine regulations.

who, the bill stated, was in his lifetime the 7. Alieu Act.

confidential adviser of the plaintiff's ances

VERDICT FOR

REDUCE IT.

428

Law of Attorneys and Solicitors.-Law of Costs. tor, and had bought an estate of him; and executors and trustees are interested, and which that, being such solicitor, Mr. Mousley knew have nothing to do with the plaintif's case or that the property was of greater value than title. I quite agree that the executors cannot the sum which he gave for it. The bill refuse production of any, upon the ground that charged that the defendants, the representa- plaintiff's ancestor with his own solicitor. If

they were confidential communications of the tives of Mr. Mousley, who had since died, the plaintiff succeeds in his suit, he would be had in their possession divers documents, entitled to see them; and I must assume, for particularly the draft of the conveyance to this purpose, the truth of the statements of the Mr. Mousley and certain copies of deeds of bill

, in order to test the materiality of the eviconveyance, relating to the matters in ques- dence, because it will be too late to inspect tion. The defendants, by their answer, these documents after the bearing. The Court, admitted the possession of the documents therefore, always makes a similar assumption mentioned in the second part of the sche- in such cases, and the plaintiff is entitled to

see all documents to which he would be endule thereto, which were stated to relate titled on the assumption that the vendor was to the hereditaments purchased by Mr. his ancestor, and everything which may assist Mousley and to his title as the purchaser in proving that the estate was sold at an ulthereof, and which related to and concerned dervalue. such title exclusively, and did not in any

“The executors had better be served ; if they manner relate to or concern or make out consent there will be no difficulty.” Gresley v. the plaintiff's title.

Mousley and another, 2 Kay & J. 288. The Vice-Chancellor Wood said :

LAW OF COSTS. “ Among the documents so scheduled are copies of conveyances from Mousley to purchasers from him of parts of the property, OF ARBITRAMENT, WHERE which would shew for what prices he sold

PLAINTIFF SUBJECT TO REFERENCE TO such parts; and also, amongst other things, a valuation of the estate; and these, it is argued, the defendants ought to be privileged not to plaintiť by consent for a given sum, subject

A verdict was taken on the trial for the produce. But it is plain that these documents may be most material to the plaintiff's case, to a reference to an arbitrator, who was to rewhich is, that the value of the estate was in duce it to such an amount as he might think truth greater than the sum of purchase-money proper. The arbitrator by a formal award diwhich was given for it by Mousley. The de- rected the verdict to be reduced by a nominal fendants deny that there was any fraud in the purchase; but, the case being simply that of a sum, and the plaintiff accordingly entered up solicitor purchasing from his client, and being judgment and proceeded to tax his costs, wholly founded on the allegation that such claiming as part of the costs in the cause the purchase was at an undervalue, it is impossible for the Court not to see that the defendants are

expenses attending the reference. The Master only swearing to the effect of the documents in having taxed these costs on the ground that their possession, the real question being the the award was in the nature of a certificate nature of such documents, and from the de- only, this motion was made to review his taxascription in the schedule, it seems clear that tion, and it was submitted that the order of some of them must contain important evidence for the plaintiff. I must follow the precedent reference making no provision for costs, and of Smith v. Duke of Beaufort, 1 Hare, 507; 1 the arbitrator having made a formal award Phill. 209, where it was denied that the docu- and not a mere certificate, the plaintiff was not ments in the defendant's possession in any way not entitled to the costs of the proceedings beevidenced or related to any estate, right, or title whatsoever of or belonging to or claimed fore him. by the plaintiff; nor were the same in any way

Jervis, L. C. J., said, “By the order of rematerial or necessary to or for the plaintiff's ference the arbitration was simply to ascertain defence in the action, nor had the plaintiff any to what extent the verdict was to be reduced. interest in the same; but, nevertheless, an He has directed the plaintiff's claim to be reorder for their production was made. “The defendants must have the usual liberty

duced by 1s. Tregoning v. Attenborough, 7 to seal up, what does not relate to the plaintiff's Bingh. 733 ; 5 M. & P. 453,' shows that we case. It is alleged in the bill, that the vendor was in embarrassed circumstances at the time 1 There, in trover, a verdict was taken for the of the sale, and there are some mortgages on plaintiff for the full amount of the goods conthe estate scheduled. These must be pro- verted, the plaintiff consenting to take them back duced.

in reduction of damages, upon its being referred “ With respect to the first schedule, it is ob- to an arbitrator by order of Nisi Prius to ascerjected that it includes documents in which the tain the amount of deterioration, which amount,

Building Improvements in the Law Districts.New Series of the Legal Observer. 429 are to look at the substance of the thing. In probable that Chancery Lane will at no distant substance, this is a mere certificate. The time become one of the best, as it is now one

of the most frequented, streets in the MeMaster, therefore, did quite right in allowing ir

me tropolis. the plaintiff his costs.” The rule was there. We understand that the Council of the Infore refused. Sim v. Edwards, 17 C. B. 527. corporated Law Society have under their con

sideration a proposed extension of their buildBUILDING IMPROVEMENTS IN THE

ing in Chancery Lane. Some years ago the

Society purchased a large block of houses on LAW DISTRICT.

the south side of the present building, and part

of this it is now intended to appropriate for NEW COURTS AND CENTRAL STREET.

several useful purposes :

1. The amount of business to be transacted, The projected new Courts in the vicinity of in consequence of the large increase of the the Inns of Court, and the great central Street number of members, the investigation of cases from St. Paul's to Leicester Square, which of malpractice,-the care necessary in keeping have been delayed by the enormous expense of the Annual Register of Attorneys and Solicithe War, will now, in all probability, be resum- tors,--the examination of the Testimonials of ed. Two or three years ago, notices were given the Service of Clerkship, and the inquiries into by the Government officers to commence the caveats against admissions and re-admissions, Street north of the new Record Building on -and the business of the Examination each the Rolls' Estate, extending from the boundary Term, require larger offices than can be approof the City of London in Fetter Lane and pro- priated in the present building. ceeding westward by widening Carey Street, / 2. The basement of the present building is passing through Clare Market, and at a con- occupied by Fire-Proof Rooms for the deposit venient point joining Long Acre, and thence of Deeds and Documents. All those rooms, through Leicester Square to Piccadilly. (upwards of 50 in number,) are let to members

We understand that many leading men in the of the Society; and more are wanted. It is City are well disposed to continue this grand proposed, therefore, in the basement of the middle way between Fleet Street and Holborn south wing, to construct a considerable numto the north side of St. Paul's Cathedral. ber of additional strong rooms and closets.'

This great street improvement is materially 3. Another object is to provide several more connected with the proposed new Courts and Arbitration Rooms. At present there are but offices between Lincoln's Inn and the Temple, few, and it has been found by experience that for the line of New Street would form the north it is more convenient to hold arbitration meetside of the Courts, whilst the Strand and part ings at the Law Society than at the chambers of Fleet Street would bound them on the south. or offices of the arbitrators or at coffeehouses It will have been observed that of late some or taverns. It is therefore intended to accomconsiderable improvements are in progress in modate the profession by having an increased Chancery Lane. The west side of the street number of rooms adapted to this purpose. has been widened nearly up to the property 4. The Library of the Society consists, first, belonging to the Incorporated Law Society of an extensive Law Library; and, second, of Several first-rate houses have been built, and a Library of parliamentary works, county hisothers of the same kind are in contemplation. tory, and topography, with various works of We are informed that no less than three Insur- reference. The extensive rooms devoted to ance offices, chiefly connected with the Legal these two Libraries are now nearly full; and it Profession, are about to be located not far from is therefore intended, on the first floor, to conthe Law Society's Hall; and it appears highly tinue this range of apartments, making in the

whole 120 feet next Chancery Lane. with the costs in the cause, was to be paid to the plaintiff. The arbitrator made a formal PROPOSED NEW SERIES award, in which he found the amount of dete

OF THE rioration, and awarded a sum accordingly, but said nothing about costs. The prothonotary

LEGAL OBSERVER. having allowed, on taxation, the expenses of witnesses attending the arbitrator, a motion Not only various periodical works, both was made for a reviewal of the taxation. Tindal, literary and scientific, at certain periods in their C.J., said :-"The costs of this reference were progress, revise their plans and commence a substantially costs in the cause. The verdict New Series of their labours; but the same gave the plaintiff the full value of the goods, course is pursued by Law Reporters of Cases when, in ease of the defendant, the plaintiff decided in the Superior Courts. offered to take the goods again, upon allow. Since the Legal Observer was commenced in ance being made for any damage done to them 1830, an important improvement has been while in the defendant's hands. It was clearly effected in Law Reporting. Instead of two or for the benefit of the defendant; and, upon his I

A project is on foot to form a fire-proof assenting the arbitrator ascertained the amount

im building for the Profession; but the extended of the damages. The costs of attending him

plan of the Law Society will comprise all that were therefore costs in the cause."

can be required.

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